On Contracting

Twelve years ago I drew attention in a paper to the importance of the discovery of performative utterances by the well known Oxford linguistic philosopher, John Austin, for a better understanding of the legal concept of contract.\u27 In The Legal Point of View, I developed this concept into what I called the performative function of discourse,2 and in a recent paper I applied it to rebut an attack on the objective theory of contract. 3 My main aim in the present paper is to compare Austin\u27s classification of infelicities, to which performative utterances are subject, with their legal analogues. Although it is unlikely that Lord Denning was familiar with Austin\u27s concept of performative utterances, the recognition of the performative function of discourse lends strong support to his doctrine of equitable mistake. 4 This example shows well how doctrinal development in the law may be strengthened by keeping abreast of developments in philosophy, and how it may be weakened by failing to do so. The philosophical repertoire of most lawyers is usually antiquated, if not quaint. The same is true of the legal repertoire of philosophers. Yet, philosophers on the whole are more willing to learn from lawyers than the other way round. Thus, Austin explicitly acknowledges that the nearest approach to performative is the word operative as used by lawyers, the operative part of a legal instrument being that part which actually performs the legal act which it is the purpose of the instrument to perform. 5 He also refers to contributions made by lawyers in his discussion of infelicities.

Pornography as a Species of Second-Order Sexual Behaviour. A Submission for Law Reform

The immediate subject-matter of law reform is law, and the immediate reason for reforming the law is dissatisfaction with the law as it is; but the ultimate subject-matter of law reform is the human behaviour contained in a social practice, and the ultimate reason for reforming the law is dissatisfaction with such behaviour. The immediate task of the law reformer is to bring about a change in the legal rules; but his ultimate task is to bring about a change in human behaviour. Hence, law reform ultimately presupposes a set of evaluative standards according to which human behaviour can be evaluated. If the human behaviour leaves nothing to be desired, then the law can be left alone except perhaps to make it more elegant. If, on the other hand, dissatisfaction is felt with the human behaviour, the relevant legal rules must be looked at. Perhaps they can be changed so as to produce the desired human behaviour; perhaps nothing can be done, the case being simply one in which human behaviour will not respond to legal pressure, or the necessary pressure will be so great as to involve more unsatisfactory behaviour than it will be able to cure

Language, Communication, Computers and the Law

There is an old story about a drunken man who is looking for an object under a street light. A policeman asks him what he is looking for. It is my keys , he says. Did you lose them here? No, over there.\u27 Why then are you looking for them over here? Because I can see here , is the man\u27s reply. The real significance of this story is very different from what it appears. It is not the man who is foolish but the policeman. We can only look for something from where we can see it. The alternative is to burrow like moles in the dark. But how can we find something that is not there? We can\u27t of course, but we can get a perspective of it by following a ray of light as far as it will go. There are many lights and many perspectives, but no one absolute objective truth, or any one way of finding it

Conic Multi-Task Classification

Traditionally, Multi-task Learning (MTL) models optimize the average of task-related objective functions, which is an intuitive approach and which we will be referring to as Average MTL. However, a more general framework, referred to as Conic MTL, can be formulated by considering conic combinations of the objective functions instead; in this framework, Average MTL arises as a special case, when all combination coefficients equal 1. Although the advantage of Conic MTL over Average MTL has been shown experimentally in previous works, no theoretical justification has been provided to date. In this paper, we derive a generalization bound for the Conic MTL method, and demonstrate that the tightest bound is not necessarily achieved, when all combination coefficients equal 1; hence, Average MTL may not always be the optimal choice, and it is important to consider Conic MTL. As a byproduct of the generalization bound, it also theoretically explains the good experimental results of previous relevant works. Finally, we propose a new Conic MTL model, whose conic combination coefficients minimize the generalization bound, instead of choosing them heuristically as has been done in previous methods. The rationale and advantage of our model is demonstrated and verified via a series of experiments by comparing with several other methods.Comment: Accepted by European Conference on Machine Learning and Principles and Practice of Knowledge Discovery in Databases (ECMLPKDD)-201

Rapid field identification of subjects involved in firearm-related crimes based on electroanalysis coupled with advanced chemometric data treatment

We demonstrate a novel system for the detection and discrimination of varying levels of exposure to gunshot residue from subjects in various control scenarios. Our aim is to address the key challenge of minimizing the false positive identification of individuals suspected of discharging a firearm. The chemometric treatment of voltammetric data from different controls using Canonical Variate Analysis (CVA) provides several distinct clusters for each scenario examined. Multiple samples were taken from subjects in controlled tests such as secondary contact with gunshot residue (GSR), loading a firearm, and postdischarge of a firearm. These controls were examined at both bare carbon and gold-modified screen-printed electrodes using different sampling methods: the 'swipe' method with integrated sampling and electroanalysis and a more traditional acid-assisted q-tip swabbing method. The electroanalytical fingerprint of each sample was examined using square-wave voltammetry; the resulting data were preprocessed with Fast Fourier Transform (FFT), followed by CVA treatment. High levels of discrimination were thus achieved in each case over 3 classes of samples (reflecting different levels of involvement), achieving maximum accuracy, sensitivity, and specificity values of 100% employing the leave-one-out validation method. Further validation with the 'jack-knife' technique was performed, and the resulting values were in good agreement with the former method. Additionally, samples from subjects in daily contact with relevant metallic constituents were analyzed to assess possible false positives. This system may serve as a potential method for a portable, field-deployable system aimed at rapidly identifying a subject who has loaded or discharged a firearm to verify involvement in a crime, hence providing law enforcement personnel with an invaluable forensic tool in the field

Laser-induced breakdown spectroscopy: a tool for real-time, in vitro and in vivo identification of carious teeth

BACKGROUND: Laser Induced Breakdown Spectroscopy (LIBS) can be used to measure trace element concentrations in solids, liquids and gases, with spatial resolution and absolute quantifaction being feasible, down to parts-per-million concentration levels. Some applications of LIBS do not necessarily require exact, quantitative measurements. These include applications in dentistry, which are of a more "identify-and-sort" nature – e.g. identification of teeth affected by caries. METHODS: A one-fibre light delivery / collection assembly for LIBS analysis was used, which in principle lends itself for routine in vitro / in vivo applications in a dental practice. A number of evaluation algorithms for LIBS data can be used to assess the similarity of a spectrum, measured at specific sample locations, with a training set of reference spectra. Here, the description has been restricted to one pattern recognition algorithm, namely the so-called Mahalanobis Distance method. RESULTS: The plasma created when the laser pulse ablates the sample (in vitro / in vivo), was spectrally analysed. We demonstrated that, using the Mahalanobis Distance pattern recognition algorithm, we could unambiguously determine the identity of an "unknown" tooth sample in real time. Based on single spectra obtained from the sample, the transition from caries-affected to healthy tooth material could be distinguished, with high spatial resolution. CONCLUSIONS: The combination of LIBS and pattern recognition algorithms provides a potentially useful tool for dentists for fast material identification problems, such as for example the precise control of the laser drilling / cleaning process

From Cosmetic to Metabolized Change: Promoting Paradigm Shifts in a Dominant Culture University

The authors provide three case examples modeling the implementation of the Diversity agenda in a school of education within a private Christian university. The second article in a series, the case studies demonstrate contextual application of confronting privilege as it manifests itself in a seemingly homogeneous environment. As the authors document programmatic, personal, and pedagogical methods informed by principles of social justice and equity, the intent is to move beyond cosmetic compliance with accreditation obligations towards a metabolized second order change within students and faculty

Engineering and geological features of soils fundamentals buildings and engineering networks of the Dnipro city

The analysis of engineering and geological properties of soils both in the natural state and under the influence of human economic activity is performed in the work. The researches from the point of view of conditions of construction and operation of buildings and constructions of engineering infrastructure of the city of Dnipro are proved. As a result of the analysis of specific geomorphological zones, specific examples of violations of the operation of buildings on subsidence soils, a number of measures are proposed for maintenance and operation of buildings and structures located in areas composed of subsidence soils, on the example of specific areas exposed to past man-made events. An analytical assessment of the ecological catastrophe on the territory of the Topolya 1 railway in 1997 is provided. The paper considers a principled approach to the principles and conditions of operation of buildings and structures on specific subsidence soils of the city of Dnipro.В роботі виконано аналіз інженерно-геологічних властивостей грунтів як в природньому стані, так і під впливом господарської діяльності людини. Доведені дослідження з точки зору умов будівництва і експлуатації будівель та споруд інженерної інфрастуктури міста Дніпро. Внаслідок аналізу конкретних геоморфологічних зон, конкретних прикладів порушень умов експлуатації будівель на просідальних грунтах, пропонується ряд заходів по утриманню і експлуатації будівель і споруд, розташованих на територіях, складених просідальними грунтами, на прикладі конкретних районів, які піддавалися в минулому негативним подіям техногенного характреру. Надається аналітична оцінка екологічної катастрофи на території ж/м "Тополя -1" у 1997 році. В роботі розглядається принциповий підхід до принципів і умов експлуатації будівель і споруд на специфічних просідальних грунтах міста Дніпро

A Taxonomy of Explainable Bayesian Networks

Artificial Intelligence (AI), and in particular, the explainability thereof, has gained phenomenal attention over the last few years. Whilst we usually do not question the decision-making process of these systems in situations where only the outcome is of interest, we do however pay close attention when these systems are applied in areas where the decisions directly influence the lives of humans. It is especially noisy and uncertain observations close to the decision boundary which results in predictions which cannot necessarily be explained that may foster mistrust among end-users. This drew attention to AI methods for which the outcomes can be explained. Bayesian networks are probabilistic graphical models that can be used as a tool to manage uncertainty. The probabilistic framework of a Bayesian network allows for explainability in the model, reasoning and evidence. The use of these methods is mostly ad hoc and not as well organised as explainability methods in the wider AI research field. As such, we introduce a taxonomy of explainability in Bayesian networks. We extend the existing categorisation of explainability in the model, reasoning or evidence to include explanation of decisions. The explanations obtained from the explainability methods are illustrated by means of a simple medical diagnostic scenario. The taxonomy introduced in this paper has the potential not only to encourage end-users to efficiently communicate outcomes obtained, but also support their understanding of how and, more importantly, why certain predictions were made