Dialogical Dasein: Heidegger on "Being-with," "Discourse," and "Solicitude"

In this paper I shall show how Heidegger’s notions of Dasein’s “Being-with” (Mitsein), “discourse” (Rede), and “solicitude” (Fursorge) illustrate how he has a conception of the dialogical in Being and Time. There are at least three advantages to proposing that Heidegger is a dialogist in Being and Time. First, this paradigm offers an alternative, and more perspicuous, vocabulary for describing the discursive nature of Dasein’s Being-in-the-world as a Being-with others. Second, it provides a better way of recognizing and understanding the normative dimensions of “solicitude.” And third, it helps to underscore the ineliminable sociality of Dasein’s understanding of itself and of others, such that its identity remains social even in the seemingly individualizing initial moment of becoming authentic

Between anaphora and deixis...the resolution of the demonstrative noun-phrase ‘that N’

Three experiments examined the hypothesis that the demonstrative noun phrase (NP) that N, as an anadeictic expression, preferentially refers to the less salient referent in a discourse representation when used anaphorically, whereas the anaphoric pronoun he or she preferentially refers to the highly-focused referent. The findings, from a sentence completion task and two reading time experiments that used gender to create ambiguous and unambiguous coreference, reveal that the demonstrative NP specifically orients processing toward a less salient referent when there is no gender cue discriminating between different possible referents. These findings show the importance of taking into account the discourse function of the anaphor itself and its influence on the process of searching for the referent

A More Perfect Pickering Test: \u3cem\u3eJanus v. AFSCME Council 31\u3c/em\u3e and the Problem of Public Employee Speech

In June 2018, the Supreme Court issued its long-awaited—and, for the American labor movement, long-feared—decision in Janus v. AFSCME Council 31. The decision is expected to have a major impact on public sector employee union membership, but could have further impact on public employees’ speech rights in the workplace. Writing for the majority, Justice Samuel Alito’s broad interpretation of whether work-related speech constitutes a “matter of public concern” may have opened the floodgates to substantially more litigation by employees asserting that their employers have violated their First Amendment rights. Claims that would have previously been unequivocally foreclosed may now be permitted. This Note proposes a test to allow courts to meaningfully respond to this influx of claims. By explicitly incorporating the “social value” of public employee speech into the Pickering balance test as a factor of equal weight alongside the existing factors—the individual employee’s right to speech and the employer’s interest in operating an effective workplace—courts can make meaningful sense of the doctrinal conflict Janus created while also respecting and promoting the unique role public employee speech plays in public discourse

Janus in governance: interpellations around an educational policy of community intervention in Portugal

This article intends to empirically document the ambiguity, even ambivalence, of governance practices1, through the study of a public policy in Portugal, the Programme InovAction, that stimulates intervention projects in ‘local state of emergency’ territories. In this way, we search to contribute to the debate around the reform of the State and public policies, apprehended through metamorphoses in the coordination of collective action in education. Education, State and governance are viewed as social relationships and sites of social practices; governance is understood as a field in which policies, discourses and practices manifest themselves in neo-liberal hegemonic versions or according to contradictory achievements. The data we mobilize were built on documental analysis and on information obtained through semi-structured interviews (to national, regional and local projects Coordinators, technicians and young people). The unfolding discussion illuminates tensions and contradictions in governance practices of Programme InovAction: the strengthening of collective action may occur simultaneously with the construction of routes and alternative spaces of social exclusion; the reduction of the social responsibility of the school with regards to certain audiences challenges approaches to the construction of a public space of education; the privilege given to known interests has gone side by side with practices to broaden the local governance circle.info:eu-repo/semantics/publishedVersio

A Framework for Analyzing Attorney Liability Under Section 10(b) and Rule 10b-5

[Excerpt] “Lawyers who make their living representing securities issuers face a myriad of challenges. Securities lawyers must navigate and master an intricate body of statutory, regulatory, and case law at both the state and the federal level and ensure that their clients comply with the law. The compliance requirement, however, is not limited to the issuer clients. Defrauded investors will often seek recovery of their losses from both the issuer of the failed investment securities and from the lawyers who represent the issuer, which only exacerbates the complexity of the securities lawyer’s work. These securities fraud actions against lawyers raise serious questions about the proper scope of liability under the federal securities laws. Just as lawyers strive for clarity, consistency, and predictability in advising their clients on securities compliance issues, lawyers seek the same level of precision regarding their own compliance. … The Court has never directly addressed the issue of attorney liability under section 10(b) of the 34 Act and Rule 10b-5. However, the Court’s recent pronouncements on primary liability of secondary actors under Rule 10b-5 indicate that the standard for such liability is increasingly becoming one that attorneys acting in the traditional role of adviser and draftsperson to securities issuers will not satisfy. This development does not give lawyers unbridled freedom or authority to commit securities fraud without fear of sanction, nor does it undermine the 34 Act’s purpose of insuring fairness and honesty in the securities markets. On the contrary, protecting lawyers who lend their expertise to the issuers and sellers of securities is consistent with insuring such fairness and honesty. Moreover, existing rules and standards governing attorney conduct and the concomitant penalties for violation of those rules provide the appropriate level of regulation for lawyers, and this article does not suggest otherwise. The article argues only that section 10(b) and Rule 10b-5 are inappropriate and, in most cases, inapposite means of redressing attorney misconduct in connection with a fraudulent securities transaction. Part II of this article will provide some background on section 10(b) and Rule 10b-5 and will discuss how section 10(b) and Rule 10b-5 have been applied in the area of liability of outside service providers such as lawyers and other secondary actors. In addition, part II will review the most recent developments of the law in this area and discuss how these developments provide an increased level of protection for securities lawyers. Part III of this article will examine how other areas of federal and state law have addressed the issue of attorney liability and suggest that the concepts can be applied to the section 10(b) and Rule 10b-5 analysis. Part IV will briefly discuss the role of the securities lawyer and the influence of the market for legal services on the manner in which these lawyers sell their services to potential clients. The article will then argue that the potential liability of any person under section 10(b) and Rule 10b-5 must be defined in terms of conduct and not in terms of the person’s role in the particular transaction giving rise to the claim. That framework will permit the securities lawyer to more effectively fulfill his or her role because the standard for attorney liability in a private action under section 10(b) and Rule 10b-5 will be clearer.

An Empirical Approach to Temporal Reference Resolution

This paper presents the results of an empirical investigation of temporal reference resolution in scheduling dialogs. The algorithm adopted is primarily a linear-recency based approach that does not include a model of global focus. A fully automatic system has been developed and evaluated on unseen test data with good results. This paper presents the results of an intercoder reliability study, a model of temporal reference resolution that supports linear recency and has very good coverage, the results of the system evaluated on unseen test data, and a detailed analysis of the dialogs assessing the viability of the approach.Comment: 13 pages, latex using aclap.st

‘Ethnic group’, the state and the politics of representation

The assertion, even if only by implication, that ‘ethnic group’ categories represent ‘real’ tangible entities, indeed identities, is commonplace not only in the realms of political and policy discourse but also amongst contemporary social scientists. This paper, following Brubaker (2002), questions this position in a number of key respects: of these three issues will dominate the discussion that follows. First, there is an interrogation of the proposition that those to whom the categories/labels refer constitute sociologically meaningful ‘groups’ as distinct from (mere) human collectivities. Secondly, there is the question of how these categories emerge, i.e. exactly what series of events, negotiations and contestations lie behind their construction and social acceptance. Thirdly, and as a corollary to the latter point, we explore the process of reification that leads to these categories being seen to represent ‘real things in the world’ (ibid.)

‘Dominant ethnicity’ and the ‘ethnic-civic’ dichotomy in the work of A. D. Smith

This article considers the way in which the work of Anthony Smith has helped to structure debates surrounding the role of ethnicity in present-day nations. Two major lines of enquiry are evident here. First, the contemporary role of dominant ethnic groups within 'their' nations and second, the interplay between ethnic and civic elements in nationalist argument. The two processes are related, but maintain elements of distinctiveness. Smith's major contribution to the dominant ethnicity debate has been to disembed ethnicity from the ideologically-charged and/or anglo-centric discourse of ethnic relations and to place it in historical context, thereby opening up space for dominant group ethnicity to be considered as a distinct phenomenon. This said, Smith's work does not adequately account for the vicissitudes of dominant ethnicity in the contemporary West. Building on the classical works of Hans Kohn and Friedrich Meinecke, Anthony Smith has also made a seminal contribution to the debate on civic and ethnic forms of national identity and nationalist ideology. As well as freeing this debate from the strong normative overtones which it has often carried, he has continued to insist that the terms civic and ethnic should be treated as an ideal-typical distinction rather than a scheme of classification

Alienating justice: on the social surplus value of the twelfth camel

Deutsche Fassung: Rechtsentfremdungen: Zum gesellschaftlichen Mehrwert des zwölften Kamels. Zeitschrift für Rechtssoziologie 21, 2000, 189-215 und in Gunther Teubner (Hg.) Die Rückgabe des zwölften Kamels: Niklas Luhmann in der Diskussion über Gerechtigkeit. Lucius & Lucius, Stuttgart 2000, 189-215. Französische Fassung: Les multiples aliénations du droit : Sur la plus-value sociale du douzième chameau. Droit et Société 47, 2001, 75-100. Polnische Fassung: Sprawiedliwosc alienujaca : O dodatkowej wartosci dwunastego wielblada. Ius et Lex 1, 2002, 109-132. Italienische Fassung: Le molteplici alienazioni del diritto : Sul plusvalore sociale del dodicesimo camello. In: Annamaria Rufino und Gunther Teubner, Il diritto possibile: Funzioni e prospettive del medium giuridico. Guerini, Milano, 2005, 93-130