L’indépendance conditionne l’ensemble de l’activité de l’avocat. Elle procure à l’avocat la liberté requise à l’exercice de sa profession. Elle suppose que l’avocat s’engage auprès de sa collectivité à respecter les règles professionnelles régulant cette situation d’indépendance. Les évolutions vécues par la profession d’avocat depuis plusieurs dizaines d’années ont pourtant eu des répercutions concrètes sur elle : l’indépendance est devenue variable. Ce phénomène constitue le cœur des difficultés que la profession rencontre aujourd’hui. Corrélativement, le contrôle des autorités publiques a été (...) significativement renforcé. Le modèle ordinal sur lequel repose l’indépendance de l’avocat pourrait à terme être menacé. (shrink)

Abstract: An indirect report typically takes the form of a speaker using the locution “said that” to report an earlier utterance. In what follows, I introduce the principal philosophical and pragmatic points of interest in the study of indirect reports, including the extent to which context sensitivity affects the content of an indirect report, the constraints on the substitution of co-referential terms in reports, the extent of felicitous paraphrase and translation, the way in which indirect reports are opaque, and the (...) use of indirect reports as pragmatic vehicles for other speech acts such as humor, insult, or irony. Throughout I develop several positions: (i) that a semantic analysis of indirect reports is insufficient, (ii) that the distinction between direct and indirect reports is not clear and that indirect reports are the predominate way of reporting while direct reports may be a para-linguistic variation on them, (iii) that most questions about the semantics and pragmatics of indirect reports will rely on a full understanding of the nature of what is reported and how it gets reported, (iv) that an analysis of reporting requires the pragmatic tools of metarepresentation and a social, inter-personal understanding of relevance and shared knowledge. (shrink)

Abstract: A self-abnegating person lacks contact with their agency. This can be against their will, in absence of their will, or voluntarily. This does not mean that they cannot provide reasons for or a narrative about their actions. It’s just that the reasons or narrative are someone else’s. People abnegate parts of their agency regularly; for example, within hierarchical institutions. In other cases, the self-abnegation is all-encompassing; for example, a victim of brainwashing. An agent in such a position can completely (...) fail to understand themselves or be understood by others as having a self. I focus on two problems related to self-abnegation. The first is whether there is a conception of a self that can reliably discriminate between strong selves and abnegated selves. The second is whether a person with an abnegated self should be treated as a person with a strong self. I conclude that the good of respecting derived or instrumental agency comes in putting that person in a position to agentially flourish and in maintaining the structural conditions and expectations of agency. (shrink)

Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - questions which these (...) speech act-theoretic arguments against pornography have thus far failed to adequately answer. I fill in this gap of the argumentation by demonstrating that there are fairly weak standards for who counts as an authority or convention-setter in sexual discourse. With this analysis of the underpinnings of a speech act analysis of pornography in mind, I discuss a range of possible objections. I conclude that (i) the endorsement of censorship by a speech act analysis of pornography competes with its commitment to the conventionality of speech acts, and, more damningly, that (ii), recasting anti-pornography arguments in terms of linguistic conventions risks an unwitting defence of a rapist's lack of mens rea - an intolerable result; and yet resisting this conclusion requires that one back away from the original claim to women's voices being 'silenced'. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 39.4 (2005) 12-19 [Access article in PDF] Seeking the Aesthetic in Creative Drama and Theatre for Young Audiences Nellie McCaslin Introduction Is an aesthetic experience ever achieved in a creative drama class or in attending a performance of a children's play? If it is, how do I know and how can it be achieved? This is a question to which I have given much (...) thought and in so doing have been flooded with memories of my own passion for theatre in all its forms, first as a child and years later as a teacher. These memories have shaped my perception of the aesthetic presence, elusive but powerful, which comes in its own way and in its own time. The following is an account of revisiting those memories in the light of today's practices and objectives. The result is not a scholarly piece or approach to the question but simply a record of one person's journey through the theatre arts as she experienced it at a particular point in time, when the pedagogy and the terminology of today were nonexistent, or at least were not generally known. Nor, I might add, was the question.From that journey through time, I have reached a few tentative convictions. First among them is that the most important element in teaching creative drama or producing children's plays is the one too often marginalized by practitioners today in their pursuit of practical ends and contemporary issue-oriented scripts.1 It is the aesthetic. Is theatre an art form worth studying in its own right or is it an educational tool, appealing to administrators and producers because it is effective? I believe that it is an art and should be taught as an art form first and foremost, but that skillfully done, it can accomplish both objectives. The grey area between art and education is difficult for the inexperienced teacher to negotiate without the loss of one goal or the other. It is the intent that charts the course. [End Page 12] Early Recollections What was it that first drew me to the theatre? Was it the play? The players? Or the combined skills of all who were involved in the production whether it was a professional company in a theatre downtown; a puppet show at a community center; "dramatics" in the classroom, when the teacher allowed us to "act out" a history lesson or favorite story; or an assembly program put on by the eighth grade in the school auditorium? To me, they were all theatre, and theatre in whatever form it took was magic. To us, theatre was real, regardless of the performers or the venue. Even the puppets ceased to be inanimate figures in the hands of an artist who shared his belief in their reality with his young audiences. Indeed, the puppets assumed human proportions before our eyes and have remained so in my memory ever since. Was this not just as much of an aesthetic experience for us, the viewers, as the performance of living actors? I believe that it was, although at the age of eight I had never heard the word "aesthetic" or stopped to analyze my reactions.The reason, among others, for my lack of discrimination as a child was the fact that in America at that time no differentiation was made between what we did and what we saw, never mind who did it. There was a clear distinction between the amateur and the professional; it didn't concern us. We flocked to the few shows, both amateur and professional, deemed appropriate for children, and we made up shows of our own in our own backyards. Our shows were improvised (another term we didn't know then), but even minus a script, it was still theatre because we believed in it and so did the little ones on our block who were the audience.It was Winifred Ward, an American pioneer in the field, writing a few years later, who was to distinguish between process and product... (shrink)

First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

This chapter identifies and explains several primary functions of the fictional use of metalinguistic devices and considers some difficult cases. In particular, this chapter argues that when real persons are quoted in a storyworld they are ‘storified’ as near-real fictions. In cases of the misquotation of real persons, near-real fictions and near-real quotations must adequately exploit resemblances between the real and the fictional. This concludes with a discussion of the similarities between fictional and nonfictional uses of metalinguistic acts, and how (...) they bear on our understanding of imagination and make-believe. (shrink)

Semantic Minimalists make a proprietary claim to explaining the possibility of utterances sharing content across contexts. Further, they claim that an inability to explain shared content dooms varieties of Contextualism. In what follows, I argue that there are a series of barriers to explaining shared content for the Minimalist, only some of which the Contextualist also faces, including: (i) how the type-identity of utterances is established, (ii) what counts as repetition of type-identical utterances, (iii) how it can be determined whether (...) semantically minimal content has been repeated, and (iv) what the nature of such content is. (shrink)

In this paper, I argue that Contextualist theories of semantics are not undermined by their purported failure to explain the practice of indirect reporting. I adopt Cappelen & Lepore’s test for context sensitivity to show that the scope of context sensitivity is much broader than Semantic Minimalists are willing to accept. The failure of their arguments turns on their insistence that the content of indirect reports is semantically minimal.

The contention of this article is that parents do have obligations to care for their children, but for reasons that are not typically offered. I argue that this obligation to care for one’s children is unfair to parents but not unjust. I do not provide a detailed account of what our obligations are to our children. Rather, I focus on providing a justification for any obligation to care for them at all.

The article contributes to the theorisation of collective memory involved in building the international representations of a nation, and examines how strategic responses to the legacy of the totalitarian past have been deployed to shape the image of the nations’ remembering agency via the connections with other actors within the global memory field. Drawing on the Bourdieusian concept of symbolic capital, the article develops a concept of the symbolic capital of mnemonics in order to uncover the role of memory in (...) enhancing international standing and prestige, a crucial preoccupation for semi-peripheral states emerging on the global arena. While recent scholarship on traumatic memory as a category of social analysis underlines the role of memory in bolstering the collective identity of nations, the article demonstrates how memories of the communist past provide a platform for connections between nation-states through shared meta-narratives. Through an empirical case study that uses an ethnographic approach, participant observation and analysis of media accounts, the article examines how the official commemorative practices of Kazakhstan have served to realign the country’s mnemonic agenda with that of the global memory of communism and to redeploy the symbolic capital gained through a shared mnemonics to reassert its legitimacy both abroad and at home. (shrink)

The greatest mandate which God entrusted to human beings since creation is keeping and sustaining the creation. Human beings are responsible towards making the creation glorify God the creator. Another important task is to bring forth other human beings—children—who will also become responsible towards creation in their adulthood. It means that the responsibility of humanity towards creation is continuous. Children are gifts from God through marriages and have to be reared to adulthood in order for them to become fully responsible (...) to God’s creation. This article examined the perceptions of church leaders and normal Christians towards child-rearing in both African traditional and Christian settings. Being guided by Ainsworth and Bowlby’s Attachment Theory, the article addressed the following questions: How is child-rearing understood and practiced in the research area? Is there any laziness in the rearing of children that hinders their proper development to adulthood? In response to these questions, a qualitative study was conducted at Isongole Ward, Ileje District, Songwe region in Tanzania. Interviews were conducted to eight research participants selected purposefully after their informed consent. Data were analyzed qualitatively to obtain themes which were the basis for the presentation and interpretation of findings. Results indicated that laziness to rear children properly was one of the major hindrances for children to realize their adulthood potentials in the future. The article suggests that to have an ethical church and ethical society, child-rearing basing on proper Christian foundation is of paramount importance. (shrink)

Abstract: This chapter discusses speakers’ conceptions of reported entities as evident in reporting practices. Pragmatic analyses will be offered to explain the diversity of permissible reporting practices. Several candidate theses on speakers’ conceptions of reported entities will be introduced. The possibility that there can be a unified analysis of direct and indirect reporting practices will be considered. Barriers to this unification will be discussed with an emphasis on the cognitive abilities speakers use in discerning the entities referred to in reporting (...) contexts. (shrink)

The analysis of social communication in other-than-human animals poses several theoretical challenges due to the complexity of individual and extra-individual variables. Some previous studies have found a valuable solution in Uexküll’s work by expanding and adapting its usage for the study of communication in a heurtistic manner. An Umwelt analysis provides a theoretical toolbox, which allows researchers to take an emic perspective on the lives and phenomenal world of other animals. However, Umwelt and its elaborations do not allow for a (...) clear distinction between acts of perception and communication and seem to ignore factors that escape the specific communication contexts under analysis. Thus, moving away from the existing linear and cyclical approaches to communication, we propose a complementary approach to the study of social communication by combining Barnlund’s transactional model of communication with Umwelt theory and the functional circle more specifically. Our elaborated model conceives social communication as the process of creating meaning through the interaction of two subjects and emphasizes the role of species-specific and individual features in its creation. Our goal is to re-evaluate the research on social communication of other-than-human animals by advocating for the theoretical and empirical potential of Umwelt, especially pertaining to animals with complex Umwelten. Our model offers a valuable solution to the analysis of intraspecies communication that accounts for the role of private and public cues as well as the subjects’ specific behaviors, messages, and context in the creation of meaning. (shrink)

This paper analyses the cultural and biosemiotic bases of human attitudes towards other species. A critical stance is taken towards species neutrality and it is shown that human attitudes towards different animal species differ depending on the psychological dispositions of the people, biosemiotic conditions (e.g. umwelt stuctures), cultural connotations and symbolic meanings. In real-life environments, such as zoological gardens, both biosemiotic and cultural aspects influence which animals are chosen for display, as well as the various ways in which they are (...) displayed and interpreted. These semiotic dispositions are further used as motifs in staging, personifying or de-personifying animals in order to modify visitors’ perceptions and attitudes. As a case study, the contrasting interpretations of culling a giraffe at the Copenhagen zoo are discussed. The communicative encounters and shifting per ceptions are mapped on the scales of welfaristic, conservational, dominionistic, and utilitarian approaches. The methodological approach described in this article integrates static and dynamical views by proposing to analyse the semiotic potential of animals and the dynamics of communicative interactions in combination. (shrink)

Communication and behaviour of animals living ex situ has been one of the major sources of knowledge about wild animals. Nevertheless, it is also acknowledged that depending on the environment that the animals inhabit, there are differences in their communication and behaviour. With some species it is difficult to reproduce their natural environment to an extent that excludes deviations from the behaviour and communication exhibited by animals living in situ. In zoological gardens, welfare measures are introduced in order to counteract (...) the effects of the captive environment and to grant an individual’s good physical and psychological well-being. The relation between good welfare and species-specific communication and behaviour is discussed, and as a result, a general model of ex situ animal communication and behaviour is proposed. The suggested model is inclusive of differences between captive animals and free-ranging animals and serves to explain the welfare-related reasons underlying individual animal’s deviations from species-specific behaviour and communication. (shrink)

If a person has lost all or most of her capacities for agency, how can she be harmed? This paper begins by describing several ways in which a person loses, or never develops, significant capacities of agency. In contrast with other work in this area, the central analyses are not of fetuses, small children, or the cognitively disabled. The central analyses are of victims of mistreatment or oppressive social circumstances. These victims are denuded of their agential capacities, becoming, in an (...) important sense, objects or pseudo-agents. In light of this, the concern of this paper is how further harm to ersatz agents should be understood. (shrink)

Animal welfare is a complex matter that includes scientific, ethical, economic and other dimensions. Despite the existence of more comprehensive approaches to animal welfare and the obvious shortcomings of the ‘Five Freedoms’, for zoological gardens the freedoms still constitute the general guidelines to be followed. These guidelines reflect both, an ethical view and a science based approach. Analysis reveals that the potential ineptitude of the ‘Five Freedoms’ lies in the manifold perceptions that people have of other animals. These perceptions are (...) biased by our own umwelt, which is intertwined with different cultural attitudes towards other species. Perceptions of animals may be held simultaneously by different interest groups and may often be incompatible, thus often making it difficult to follow the ‘Five Freedoms’ in practice. We aim to recognise and consider the multiplicity of factors that, besides animal subjectivity, are relevant in understanding this hybrid environment. The moral value and practical applicability of the ‘Five Freedoms’ are sometimes undermined by prioritising some freedoms over others and by species bias. Both are characteristic phenomena of the zoo as a hybrid environment where other species are managed by humans. Given deficiencies are further amplified by humanistic and moralistic attitudes that people hold. (shrink)

In this paper I argue that a norm of literary fiction is to compel the reader to form beliefs about the world as it is. It may seem wrong to suggest that the reason I believe p is because I imagined p, yet literary fiction can make this the case. I argue for an account grounded in indexed doxastic susceptibilities mapped between a fictional context and the particular properties of a reader, more specifically the susceptibilities in her beliefs, attitudes, and (...) psychological states. Works of fiction can be about different things at the same time, some of which are fictive and some of which are factual. Since belief can be weak or strong, partial or complete, tenuous or robust, opaque or clear, there are susceptibilities throughout a doxastic set out of which new beliefs are formed. Skillful works of fiction exploit these susceptibilities and create new ones. This is an aesthetic achievement of such works: they take what should be a norm-violating practice of belief-formation on the basis of imaginative engagement and they make it so. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reading Bataille: The Invention of the FootLucette Finas (bio)Translated by Nelly Furman (bio)§ 1. Certainly, I wrote Le mort before the spring of 1944. This text must have been composed probably in 1943, not before. I do not know where I wrote it, in Normandy (end of 1942), in Paris in December 1942, or during the first three months of 1943; at Vézelay, from March to October 1943? (...) Or in Paris from November ‘43 to the spring of ‘44? Perhaps even at Samois from April to June. Or even perhaps in Paris on Cour de Rohan during the winter of ‘43–‘44. I can no longer remember. I am certain only of having recopied Le mort so as to sell a small number of manuscripts before June 1944 (as I am certain that I wrote this text after the spring of 1942, a time at which I fell ill; and even at the earliest during my stay in Normandy from September to November ‘42).§ 2. In any case, there is the closest relationship between Le mort and the stay in Normandy of the tubercular patient that I was; in Normandy, not far from the village of Tilly (which I name Quilly in Le mort). The inn of Quilly is in fact the inn of Tilly; 1 the woman innkeeper, the one from Tilly. I invented the other details, with the exception of the rain that wouldn’t stop in October or November ‘42. With the exception also of the very dark night when Julie knocked at the door of the inn? I can no longer even remember if I slept in this inn? It seems to me that yes. I believe furthermore that in the room there were two or three farmhands in gummed rubber boots and even a player piano. Whatever it was, it was sinister, and beyond measure. Finally, it is certain that the atmosphere of Tilly’s inn suggested to me the one of the inn of Le mort. I am also almost certain—in the end—that I slept—alone—in this place that terrified me.§ 3. The rest is linked to the frenzied sexual arousal in which I was during November’s extravagance; in my almost total solitude, I lived then not far from Tilly, but we lived apart, a kilometer from one another, a beautiful girl, my mistress, and I; I was ill, in an obscure state of depression, of horror, and of arousal. It is difficult to imagine the mud of the rough small roads where I traveled, without the right footwear, on a bicycle. Then, I ate most of my meals, but alone, with farmers.§ 4. I remember in particular having heard one day a plane whose engine sputtered [avait des ratés]. The noise of the engine was followed by a violent shock. I took my bicycle. I ended up finding the place where this German plane had fallen. It was burning in the middle of an immense orchard (apple trees); several trees were calcinated, and three or four dead, thrown around the plane, were spread out on the grass. At some distance, in the valley of the Seine, an Englishman had probably just shot down this enemy plane that could only crash at some distance. The foot of one of the Germans was bared [dénudé], the sole of the shoe having been torn away. The heads of the dead, it seems to me, were shapeless. The flames must have touched them; this foot alone was intact. It was [End Page 97] the only human thing belonging to a body, and its nakedness, having become earthen, was inhuman: the heat of the blaze had transfigured it; this thing was neither baked nor calcinated: in the upper [l’empeigne] with no sole of the shoe, it was diabolical: but no, it was unreal, stripped naked [dénudée], indecent to the highest degree. I remained motionless for a long time that day, for this naked foot was looking at me.§ 5. [The truth, I believe, has only one face: that of a violent denial. Truth has nothing in common with allegorical figures, with figures of naked women: but... (shrink)

This article contributes to Science and Technology Studies on vulnerability by putting cyborgs at center stage. What vulnerabilities emerge when technologies move under the skin? I argue that cyborgs face new forms of vulnerability because they have to live with a continuous, inextricable intertwinement of technologies and their bodies. Inspired by recent feminist studies on the lived intimate relationships between bodies and technologies, I suggest that sensory experiences, material practices, and cartographies of power are important heuristic tools to understand the (...) vulnerabilities of hybrid bodies. Based on an analysis of how patients in the Netherlands and the United States cope with appropriate and inappropriate implantable cardioverter defibrillator shocks, I describe how defibrillators introduce two new kinds of vulnerabilities: vulnerability as an internal rather than an external threat, and as harm you may try to anticipate but can never escape. Despite these vulnerabilities, some heart patients don’t position themselves as passive victims of faulty machines. They actively engage in material practices of resilience by using magnets to stop inappropriate shocks. I conclude that anticipating and taming the improper working of technologies inside bodies constitutes a new form of invisible labor that is crucial to diminishing the existential uncertainties of cyborgs. (shrink)

Cet article examine le degré de visibilité des ṣāliḥāt dans quatre documents hagiographiques du Maghreb médiéval ainsi que la manière de les nommer; il tente une réflexion sur les formes de l'expérience religieuse et les modalités de présence de ces saintes à la vie de la cité. La walāya feminine dans cet espace-temps de l'islam médiéval est marquée du sceau de l'ambivalence, oscillant volontiers entre esseulement et compagnonnage, sédentarité et pérégrination, inqibāḍ et inbisāṭ aux préoccupations et attentes des contemporains. Il (...) suggère de voir dans ce soufisme non dépourvu d'originalité, agrée et reconnu, matière à nouvelle approche de la sainteté féminine en Islam. (shrink)

It has recently been reported that forward inferences from if p then q sentences (i.e., from antecedent to consequent) were faster than backward inferences from consequent to antecedent (Barrouillet, Grosset, & Lecas, 2000). The standard mental model theory assumes that this directionality effect is a figural effect due to the order the information enters working memory, whereas we claim that it results from the nature of the mental models that represent oriented relations from hypothetical values introduced by the word If (...) . We tested these hypotheses in an experiment in which adult participants evaluated conditional syllogisms from either if p then q , p only if q , or p if q statements. Contrary to the predictions resulting from the standard theory, the three forms of the conditional provoked a reversed directionality effect and denial inferences took longer to endorse than affirmative inferences for all the forms of conditionals. We argue from these results that mental models of the conditional represent oriented relations instead of mere co-occurrences between events. (shrink)

Al-Jabartī, ʿAjāʾib al-āthār fī l-tarājim wa-l-akhbār. Edited by Shmuel Moreh. Max Schloessinger Memorial Series, Texts, vol. 9. 5 vols. Jerusalem: Hebrew University, 2013. Pp. 2,780. $525.