bluuebunny/crossref_metadata_2025 huggingface dataset:
An Emergentist Approach to Syntax
Authors: O'Grady William
Published: February 2013

Syntax constitutes a challenging area for emergentist research, since traditional grammar-based frameworks have reported significant success in their analysis of many important phenomena. This chapter considers a number of those phenomena from an emergentist perspective in order to show how they can be understood in terms of the interaction of lexical properties with a simple efficiency-driven processor, without reference to grammatical principles. It proposes ideas that rest on two key claims: (i) syntactic theory can and should be unified with the theory of sentence processing; and (ii) the mechanisms required to account for the traditional concerns of syntactic theory (e.g., the design of phrase structure, pronoun interpretation, control, agreement, contraction, scope, island constraints, and the like) are identical to the mechanisms which are independently required to account for how sentences are processed from ‘left to right’ in real time.
Functional Discourse Grammar
Authors: Hengeveld Kees , Mackenzie J. Lachlan
Published: February 2013

This chapter introduces Functional Discourse Grammar, a typologically based model of language structure, and is organized as follows. Section 15.2 provides a general outline of the model and its place as the grammatical component of a wide theory of verbal interaction. Section 15.3 situates the model within the field of grammatical theories at large. Section 15.4 discusses the four levels of linguistic organization (interpersonal, representational, morphosyntactic, and phonological) inside the grammar proper, giving examples of the potential of each. Section 15.5 gives an impression of how both the interaction of the grammar with surrounding components and the interaction between the various levels within the grammatical component can help explain a wide range of linguistic phenomena. Section 15.6 presents a detailed analysis of a worked example, while Section 15.7 discusses some further applications of FDG.
Probabilistic Linguistics
Authors: Bod Rens
Published: February 2013

Probabilistic linguistics takes all linguistic evidence as positive evidence and lets statistics decide. It allows for accurate modelling of gradient phenomena in production and perception, and suggests that rule-like behaviour is no more than a side effect of maximizing probability. This chapter addressing the following issues: How far can probabilistic linguistics be stretched? What can data-oriented parsing (DOP) explain? How can probabilistic linguistics deal with language acquisition? What can Unsupervised DOP learn?
Linguistic Relativity
Authors: Pederson Eric
Published: February 2013

This chapter focuses on a body of research falling under the cover term linguistic relativity. More generally, linguistic relativity studies investigate possible effects of natural language on purportedly non-linguistic cognition. The chapter begins with a historical background of linguistic relativity. It then discusses the requirements for linguistic-relativity research, linguistic relativity and mainstream linguistics, language effect, language development, and domains of research.
The analysis of signed languages
Authors: Wilcox Sherman , Wilcox Phyllis Perrin
Published: February 2013

Signed languages are natural human languages used by deaf people throughout the world as their native or primary language. The study of them provides insights into many of the long-standing questions pondered by linguists, such as the nature of duality patterning and the origin and evolution of the human language facility. The analysis of signed languages permits linguists and cognitive scientists to address important questions about the nature of grammaticalization, metaphor, iconicity, and metonymy.
Usage-Based Theory
Authors: Bybee Joan L. , Beckner Clay
Published: February 2013

Usage-based theory takes language to be an embodied and social human behaviour and seeks explanations in that context. This theoretical perspective incorporates the basic insight that usage has an effect on linguistic structure. This chapter discusses the following: background of usage-based theory; domain-general processes; exemplars, networks, and constructions; the role of repetition; language acquisition and adult-based change; and language as a complex adaptive system.
Contemporary History of Medicine and Health
Authors: Berridge Virginia
Published: February 2013

This article argues that the contemporary history of health and medicine presents some particular challenges, however, for the nature of historians' involvement in the object of their study and for their relationships with other disciplines and with the field of policy. It gives an overview of histories that encompass the nineteenth and twentieth century. Those that focus exclusively on the post-war years mostly deal with welfare, and the other one focuses on health. Oral history has continued to be a key resource for contemporary history. The methodology of elite oral history in contemporary health history is also analysed. It has implications for relationships between the researcher and those being researched. This article also discusses the role of ethical review for the contemporary history of health.
Medicine and Old Age
Authors: Ottaway Susannah
Published: February 2013

This article attempts to pull together recent developments and to summarize our knowledge of old age. It primarily focuses on the history of ageing in the West and compares it with other cultures. It concerns the limits and possible extension of the human life span. It includes discussion almost exclusively on male ageing. There are a few medical texts written specifically on female ageing and these focus primarily on menopause. Most studies of the history of ageing, and certainly those most relevant to the history of medicine deal with the demographic and social history of old age and a few larger works have framed the discussion of old age history more generally as centred on the question of continuity versus change in the historical expectations and experiences of old age. There is currently a burgeoning literature on pensions and on old age institutions.
Default Recovery Rates and Lgd in Credit Risk Modelling and Practice
Authors: Altman Edward I.
Published: February 2013

Three main variables affect the credit risk of a financial asset: (i) the probability of default (PD); (ii) the ‘loss given default’ (LGD), which is equal to one minus the recovery rate in the event of default (RR); and (iii) the exposure at default. While significant attention has been devoted by the credit risk literature to the estimation of the first component (PD), much less has been dedicated to the estimation of RR and to the relationship between PD and RR. This article, which presents a detailed review of the way credit risk models, developed during the last thirty years, have treated the recovery rate and, more specifically, its relationship with the probability of default of an obligor, is organized as follows. Sections 2, 3, and 4 review these three different approaches, together with their basic assumptions, advantages, drawbacks, and empirical performance. Section 5 examines credit value-at-risk models. Section 6 considers the more recent studies explicitly modelling and empirically investigating the relationship between PD and RR. Section 7 discusses Bank of International Settlement efforts to motivate banks to consider ‘downturn LGD’ in the specification of capital requirements under Basel II. Section 8 reviews the very recent efforts by the major rating agencies to provide explicit estimates of recovery given default. Section 9 revisits the issue of procyclicality and Section 10 presents some recent empirical evidence on recovery rates on both defaulted bonds and loans, and also on the relationship between default and recovery rates. Section 11 concludes.
Counterparty Risk in Credit Derivative Contracts
Authors: Gregory Jon
Published: February 2013

This article addresses the challenges posed by marginal default distribution models – for illustrative purposes it uses a straightforward Gaussian copula – and details counterparty risk corrections for credit default swaps (CDSs), index CDSs, and collateralised debt obligations. The static copula approach fixes the expected value of the product conditional on counterparty default, but not its distribution. As a consequence, only bounds for the value of the correction are provided, but in many cases these are tight enough to be useful. The article presents a number of numerical examples including a timely reminder that ‘risk-free’ super-senior tranches are particularly prone to counterparty risk.
The Person in Mesopotamian Thought
Authors: Foster Benjamin R.
Published: February 2013

This article examines the conception of the person in Mesopotamian thought based on cuneiform evidence. It shows that cuneiform literature contain ample sources for the notions of person, of self, and of the individual and that the sense of self is amply documented in Mesopotamian sources despite the claims of some modern writers that ancient Mesopotamians could not have possessed it. It also discusses the Mesopotamian definitions of the human being.
Feasts For The Living, The Dead, and The Gods
Authors: Brunke Hagan
Published: February 2013

This article examines communal feasting in Mesopotamia during the late third millennium bc. Though there is admittedly a lack of archaeological evidence from this time, and an absence of procedural or prescriptive texts that would amount to recipes for specific dishes or protocols for specific feasts, much relevant information can be extracted from the administrative documents. This article describes banquets in honor of gods, kings, and the dead and catering for the workforce.
Cuneiform Writing in Neo-Babylonian Temple Communities
Authors: Jursa Michael
Published: February 2013

This article analyzes the uses of writing in the ambit of Babylonian temple households of the first millennium bc. It describes the social and economic background of Neo-Babylonian temple communities, focusing on the long sixth century the period between the emergence of the Neo-Babylonian Empire and the fall of Assyria. It also discusses the structure, aim, and efficiency of temple bureaucracy and addresses the question of the priests' literacy and the use of writing for private record-keeping in priestly households.
Freedom in Ancient Near Eastern Societies
Authors: Dassow Eva von
Published: February 2013

This article examines freedom in ancient Near Eastern societies based on evidence from cuneiform writing. It explains that freedom, both the idea and the reality, has conventionally been denied to the ancient Near East. It attempts to formulate a theory of freedom in the ancient Near East drawing mainly from the second millennium and from regions where Mesopotamian cuneiform was employed. It shows how ideas of rights and liberty formed part of the conceptual architecture of ancient Near Eastern communities and argues that the autonomy and the liberty of individual members of the community are deeply engrained in Ancient Near Eastern culture.
Music, The Work of Professionals
Authors: Ziegler Nele
Published: February 2013

This article examines music and the work of professional musicians in ancient Mesopotamia. It explains that music was undoubtedly highly esteemed in ancient Mesopotamia given the numerous artifacts dating to the third to first millennium bc that show male and female musicians performing in the presence of the rulers of Mesopotamia or simply on their own. Cuneiform texts also indicate another equally important purpose of music which is to give pleasure.
Magic Rituals: Conceptualization and Performance
Authors: Schwemer Daniel
Published: February 2013

This article describes the conceptualization and performance of magic rituals in ancient Mesopotamia. It investigates the technical literature associated with this profession to understand better the activities of these scholars and practitioners and various institutions and segments of Mesopotamian society associated with magic rituals. The analysis reveals that the works of these professionals overlap with those of the exorcist, physician, and snake-charmers.
From Street Altar to Palace: Reading the Built Environment of Urban Babylonia
Authors: Baker Heather D.
Published: February 2013

This article examines the built environment of urban Babylonia based on cuneiform evidence. It describes the experience of urban living from the point of view of the people who were the ordinary inhabitants of Babylon and the other cities of southern Mesopotamia, and contrasts their perspective with the high-level ideals projected by the ruler. It discusses the writings of the common people about the city.
The Production and Dissemination of Scholarly Knowledge
Authors: Robson Eleanor
Published: February 2013

This article analyzes cuneiform evidence concerning the production and dissemination of scholarly knowledge in ancient Mesopotamia. It investigates how new knowledge and creativity and mobility play out in the historical record and discusses knowledge dissemination through education. It explores how new compositions and genres came from, how and why they were replicated, and how and why did they eventually fall out of favour.
Berossos between Tradition and Innovation
Authors: Breucker Geert De
Published: February 2013

This article aims to contribute to the study of Babylonian traditions in Berossos' time and to reveal how a native Babylonian conceived the history of his culture at that period. It examines how Babylonian and Greek culture converged and shows that Berossos unified Babylonian historical traditions and Greek scholarship and transformed native traditions according to Greek forms and concepts. It also describes Berossos' portrait of Babylonian history and its wider cultural context.
Bayesian Inference for Time Series State Space Models
Authors: Giordani Paolo , Pitt Michael , Kohn Robert
Published: February 2013

This article provides a description of time series methods that emphasize modern macroeconomics and finance. It discusses a variety of posterior simulation algorithms and illustrates their use in a range of models. This article introduces the state space framework and explains the main ideas behind filtering, smoothing, and likelihood computation. It also mentions the particle filter as a general approach for estimating state space models and gives a brief discussion of its methods. The particle filter is a very useful tool in the Bayesian analysis of the kinds of complicated nonlinear state space models that are increasingly being used in macroeconomics. It also deals with conditionally Gaussian state space models and non-Gaussian state space models. A discussion of the advantages and disadvantages of each algorithm is provided in this article. This aims to help with the use of these methods in empirical work.
Bayesian Methods In Finance
Authors: Jacquier Eric , Polson Nicholas
Published: February 2013

This article looks at the usefulness of Bayesian methods in finance. It covers all the major topics in finance. It discusses the predictability of the mean of asset returns, central to finance, as it relates to the efficiency of financial markets. It reviews the economic relevance of predictability and its impact on optimal allocation. It also describes the Markov chain Monte Carlo (MCMC) and particle filtering algorithms that are important in modern Bayesian financial econometrics. MCMC algorithms have resulted in a tremendous growth in the use of stochastic volatility models in financial econometrics. This article also contains some major contributions of Bayesian econometrics to the literature on empirical asset pricing. Many of the other themes in modern Bayesian econometrics, including the use of shrinkage and the interaction between theory and econometrics are discussed. This article ends up with the discussion of a promising recent development in finance: filtering with parameter learning.
Middleton And Caroline Theatre
Authors: Munro Lucy
Published: February 2013

This article explores some of the various ways in which the plays of Middleton and his collaborators were assimilated into Caroline theatrical culture. In doing so, it has sought less to argue that one play was a ‘source’ for another and more to examine the place of Middleton's work within a broader network of intertextual relationships. Like the plays of other Elizabethan and Jacobean dramatists, Middleton's work might be adopted wholesale as a narrative source, but playwrights might also respond to him in a more selective fashion, replaying a particular piece of dramaturgy or a stage image from an earlier play, reworking a narrative or character-related trope, or incorporating fleeting allusions to earlier works within dialogue. Old and new plays were engaged in a mutually informing dialogue.
Good Governance
Authors: Rothstein Bo
Published: February 2013

This article argues that good governance is a concern if a society is in possession of the political, legal, and administrative institutions which make it possible to enact and implement policies that can broadly be understood as public goods. It suggests that, in many cases, good governance does not only refer to certain qualities of government institutions, but also to governments' interaction with the various sections of the private sector, and that it can be produced by the government alone, but that in many cases there is a need for collaboration with business and/or voluntary organizations. The article concludes that good governance is based in a normative theory which gives some orientation for what should be regarded as good.
Responding to ‘Order Without Life’? Living Under Communism
Authors: Stone Dan
Published: February 2013

Both during the Cold War, with the 1950s theories of ‘red fascism’ and ‘totalitarianism’, and after 1989, when debates have been no less emotive, scholars and other political commentators have condemned communism for its bloody murderousness. However, the long period of communist rule in Europe cannot be summarised as no more than sustained and untrammelled violence. It helps to explain why communism collapsed, in a way that an emphasis solely on state security and terror cannot. One way that the communist regime tried to legitimise itself was through encouraging consumerism, particularly after the death of Joseph Stalin and the East German uprising of June 1953. Consumerism in Eastern Europe meant consumerism controlled by the Communist Party for the purpose of developing communism. It is often assumed that nationalism emerged after 1989 to fill the political vacuum opened up by the demise of communism. In fact, the opposite is the case: nationalism did not cause the collapse of communism (which owed more to structural defects in the system), but it was one contributory factor.
Immigration and Asylum: Challenges to European Identities and Citizenship
Authors: Castles Stephen
Published: February 2013

Many Europeans today perceive immigration as a major problem for society. Some claim that asylum seekers and low-skilled migrants are an economic burden and that ethnic diversity undermines the solidarity necessary for strong welfare states. Above all, a widespread discourse portrays Europe's new found cultural and religious complexity as a challenge to historical models of national identity and citizenship. Such concerns are far from new, but they have grown sharply. The trigger for the perception of a ‘migration crisis’ was the end of the Cold War. This article examines the history of migration, ethnicity, and racism, which has always been closely interwoven with nation-state formation, colonialism, and modernity. The ‘migration crisis’ of the early 1990s reveals itself as just one of several crucial turning points in Europe's migration history. Before discussing such epochal shifts, the article summarises pre-1945 experiences, with emphasis on developments since World War II, and also examines multiculturalism and social cohesion in Europe.
1968: Europe in Technicolour
Authors: Klimke Martin
Published: February 2013

Even after more than four decades, the events of the tumultuous year 1968 still mesmerise and polarise Europe, both culturally and politically. Although prominent representatives of the continent's student revolt have called for people to ‘forget 68’, Europeans have entered the historicisation and memorialisation process for this period with vigour. Among the causes and contexts of the social movements, acts of dissent, and youthful revolts that are commonly subsumed under the cipher ‘1968’, the Cold War and the division of Europe after 1945 usually enjoy pride of place, although these were by no means the only influences. The rapid demographic changes after World War II were probably the primary force that shaped the context in which the opposition of the youth was to unfold. The postwar baby boom reached its climax in 1947, coinciding with a massive economic growth in many Northern and Western European countries that reached into all segments of society and proved particularly beneficial to the lower middle and working classes.
‘Les Trente Glorieuses’: From the Marshall Plan to the Oil Crisis
Authors: Crafts Nicholas , Toniolo Gianni
Published: February 2013

The French economist Jean Fourastié called them ‘les trente glorieuses’. The Germans and the Italians coined the words Wirtschaft swunder and miracolo economico, respectively. No matter how the thirty-odd years after the end of World War II were characterised by Europe's various cultures, they stand out as the period of the fastest economic growth in the continent's history. In retrospect, the years between the late 1940s and the early 1970s have been seen as a Golden Age, when the foundations of future prosperity were established on firm ground. This article analyses the most relevant features of Europe's extraordinary growth during the ‘glorious thirty’, and tries to explain why, after all, there was nothing ‘miraculous’ about them. In doing so, it takes a broad perspective of Europe as a single region within the world economy, although divided into two areas by an ‘Iron Curtain’. The article also looks at postwar reconstruction, trade and the process of European integration, the international monetary system in Western Europe, and the end and the long-term impact of the Golden Age.
The Countryside: Towards a Theme Park?
Authors: Clout Hugh D
Published: February 2013

By the dawn of the twenty-first century, Europe's agriculture had been reshaped dramatically, since policy makers viewed rural space as more than a resource base of crops, animal products, and timber. Rapid urbanisation and industrial growth since 1945 has covered substantial stretches of rural Europe with bricks, concrete, and tarmac. Despite challenges and reversals, collectivisation was implemented throughout Eastern Europe by the early 1960s. In Western Europe, the main objective of the postwar farm policies was to increase food supplies. Changing patterns of trade, concern over the costs of supporting farmers, worries about food quality and animal health, the challenge of sustainability, and the need to retain viable economies in the countryside have reconfigured the Common Agricultural Policy of the European Union, and have shifted the attention of policy makers away from food to wider issues of rural management.
Waste
Authors: Goldstein Joshua
Published: February 2013

In 2006, Cheung Yan became the first female to be dubbed the wealthiest person in the People's Republic of China. Formally known within her company, Nine Dragons Paper, as ‘the Chairlady’, she became a momentary darling of the financial press under titles such as ‘The Queen of Rubbish’, with an estimated worth of around US$10 billion in 2007. The meteoric rise and fall of Nine Dragons is emblematic of a post-Cold War globalization in which, if consumption is king, then trash is queen. This article sets the centrality of post-consumer waste in today's circuits of global trade in some historical perspective, focusing on modern China. It discusses waste before the nineteenth century, waste disposal and sanitation in the nineteenth century, and municipal solid waste management. The article also considers domestic and international economic forces that have conspired to make China the world's scrap magnet and magnate, including market reforms, rapid urbanization, consumerism, limited resources, and enormous industrial demand.
Assessing interactivity in computer-mediated research
Authors: Rafaeli Sheizaf , Ariel Yaron
Published: February 2013

Interactivity is not unique to computers or networks and cannot be reserved solely for the discussion of so-called ‘New Media’. Restricting analysis of interactivity to the domain of computerized and new technology alone problematizes comparisons with traditional media as well as with further developments of the new media. This article begins by reviewing some of the leading definitions and by highlighting the primary conceptual development of interactivity. It then discusses the correlates of interactivity and the different ways studies have measured it, and looks into some of the effects of interactivity by surveying empirical findings. The article also suggests treating interactivity as a unidimensional variable rather than a multidimensional construct. It is argued that expected, actual, and perceived interactivity are the relevant frameworks when examining the variable. Finally, the importance of information, meaning, and value, and their relation to interactivity, are highlighted.
Self-disclosure, Privacy and the Internet
Authors: Joinson Adam N. , Paine Carina B.
Published: February 2013

This article examines the extant research literature on self-disclosure and the Internet, in particular by focusing on disclosure in computer-mediated communication and web-based forms – both in surveys and in e-commerce applications. It also considers the links between privacy and self-disclosure, and the unique challenges (and opportunities) that the Internet poses for the protection of privacy. Finally, the article proposes three critical issues that unite the ways in which we can best understand the links between privacy, self-disclosure, and new technology: trust and vulnerability, costs and benefits, and control over personal information. Central to the discussion is the notion that self-disclosure is not simply the outcome of a communication encounter: rather, it is both a product and process of interaction, as well as a way of regulating interaction dynamically. By adopting a privacy approach to understanding disclosure online, it becomes possible to consider not only media effects that encourage disclosure, but also the wider context and implications of such communicative behaviours.
Private Versus Third Party versus Government Labeling
Authors: Caswell Julie A. , Anders Sven M.
Published: February 2013

This article focuses on understanding the relative merits of private, third party, and government labeling systems that differ in who sets the standards and who certifies that the product deserves to carry the label. It focuses briefly on economic and marketing tools for understanding relationships between information, product quality, and labeling. It then turns to incentives and rationales for labeling to be private, third party, or government-based and considerations for evaluating the performance of labeling systems. This article presents a survey of the evidence to date on the performance impacts of different labeling schemes and summarizes key insights from impact of labeling that are relevant to the comparison of different types of food labeling. It concludes with a discussion of key issues for the future of food labeling, food labeling policy, and performance and mentions that the major issue for the future is how well and reliably different labeling schemes will deliver information on verified quality.
Bans and Labels with Controversial Food Technologies
Authors: Marette Stéphan , Roosen Jutta
Published: February 2013

This article traces consumers' reluctance toward new technologies in the food domain and the nature of controversies. It argues that there are economic considerations in discussion of public policy on controversies. This article seeks to address the issues of controversy, the market concerns by such problems, and the reasons that controversies have become so prominent in many food markets. It further clarifies how to approach the question of an optimal policy by studying when a regulator should promote labels compared to other tools such as standards or a ban. This article presents some of the main contributions in both the empirical and theoretical literature, so as to provide economists or policymakers with resources and help to inform their decisions. It then discusses methods of quantifying the welfare impact of a ban or label on the controversial good. It concludes with a discussion of the implications for public policy.
Legal Vocabulary
Authors: Mattila Heikki E. S.
Published: February 2013

Legal language is based on ordinary language. Hence, the grammar and most of the vocabulary of legal language are identical to those of ordinary language. On the other hand, legal language is one of the languages for special purposes, as a result of which it has certain characteristics that differ from ordinary language, for example, on the level of syntax and style. Legal language is characterized especially by the use of technical terms, the nature and number of which vary according to the branch of law. This article deals with technical terms of the law from different angles, taking into account various legal cultures and linguistic zones. It discusses the relation between legal vocabulary and legal concepts, polysemy and synonymy in legal terminology, reasons why legal terms are difficult to understand, how legal terms are formed, and legal dictionaries and term banks.
The Grammar And Structure Of Legal Texts
Authors: Hiltunen Risto
Published: February 2013

That legal texts are generally considered difficult to read and understand stems from the law's societal functions of control and regulation. In order to provide a firm foundation for legal decision-making processes, which have to be systematic and just, the text of the law needs to be clear, explicit, and precise. It is only to be expected that such strict conditions will impose equally strict requirements on the design of the language of legal texts. Legal syntax is distinctly idiosyncratic in terms of both the structure and arrangement of the principal sentence elements. When we look at legal language above the level of the sentence, we are concerned with the level of discourse. This article addresses the language of legal texts with special reference to their grammar and structure, focusing on written legal texts as materializations of the language of the legal code, a term that is here used to refer to the law as embraced in legal statutes. As far as legal language is concerned, the article considers acts of the British Parliament.
Contract Formation as a Speech Act
Authors: Schane Sanford
Published: February 2013

According to conventional contract law, the formation of a valid agreement ordinarily involves an offer, an acceptance, and consideration. The former two elements typically take place through spoken or written language: an offeror proposes to do something in exchange for something of value to be given by an offeree. The latter may then accept the offer, reject it, or make a counteroffer. What is it that makes this particular verbal exchange so special, and how does it differ from other acts of speech which may also entail legal consequences, such as issuing a threat, offering a bribe, defaming someone, or perjuring oneself? This article addresses this question using speech-act theory, a linguistic approach to meaning advocated by two language philosophers, John Austin (1962) and John Searle (1969). It presents Searle's requirements (called felicity conditions) that commissive illocutions must satisfy in order to be well-formed speech acts. The article also discusses contract formation by focusing on promise versus offer and commitment versus obligation.
Legal Interpretation And The Philosophy Of Language
Authors: Bix Brian H.
Published: February 2013

Law is guidance through language, whether the language of statutes, judicial decisions, constitutional provisions, contracts, or wills. It is therefore not surprising that lawyers, judges, and legal commentators have sought whatever assistance they could find from other fields which deal with the meaning and interpretation of words: including literary theory, linguistics, and semiotics. Assistance has also been sought from philosophy of language, and the various philosophical writers on the deeper understanding of truth, meaning, and reference. However, at the end of the day, it is not clear that any of these searches have taught the legal profession useful new knowledge or methods of knowing. This article offers an overview of some of the attempts to use philosophy of language to alter or resolve questions of legal interpretation. It first considers the determinacy and indeterminacy of law, and then looks at H. L. A. Hart and the ‘open texture’ of language. The article also discusses intentionalism, originalism, textualism, and plain meaning with respect to interpretation of the U.S. Constitution, and concludes by outlining the links between politics, law, and philosophy.
The Caution in England and Wales
Authors: Rock Frances
Published: February 2013

‘You do not have to say anything. But it may harm your defense if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence.’ This is the police caution, presented by police officers in England and Wales when individuals are arrested, and immediately before they are interviewed. A similar wording is recited if they are charged. On entering custody, suspects will also be offered access to a written version of the wording, along with information on other rights, most importantly the right to legal advice. This article examines three aspects of cautioning – its official wording, its explanation in context, and its upshots during the extended legal process – and also discusses the issues surrounding non-native speakers when encountering cautions and warnings. It then outlines the standard wording of the police caution, including its comprehensibility and comprehension. The article concludes by considering the caution's administration, as well as its influence on speech, silence, and their interpretation.
Interrogation Through Pragmatic Implication: Sticking to the Letter of the Law While Violating its Intent
Authors: Davis Deborah , Leo Richard A.
Published: February 2013

Throughout American history, police-induced false confessions have been among the leading causes of wrongful conviction. The law in the United States has evolved over time to protect suspects from police coercion and to discourage the use of physical violence, explicit threats, or promises of leniency contingent upon confession. However, police have adapted and developed pre-interrogation and interrogation procedures that are specifically designed to convey the forbidden messages indirectly, through the process of pragmatic implication. They deliberately use indirect implication both to negate Miranda warnings and to convey the forbidden explicit promises or threats contingent on the suspect's choice of confession or continued denial. These indirect strategies of implication violate the intent of the law while adhering to its literal content. This article reviews common police interrogation tactics, with particular emphasis on those conveying implicit messages beyond their literal content. It shows that most such implied messages are conveyed indirectly by the interrogator and understood by the suspect through conversational implicatures based on the presumption of relevance.
Courtroom Discourse in Japan's New Judicial Order
Authors: Okawara Mami Hiraike
Published: February 2013

The implementation of the saiban-in (lay judge) system in 2009 has opened the way, not only to lay participation, but also to some participation by linguists in Japanese courtrooms. This article, which explores how differences between lay and professional views are mingled in the judicial deliberations, first explains the saiban-in (lay judge) system and then introduces some studies of court proceedings in Japan. It also examines how the intent to murder is determined in Japanese courts, and, finally, focuses on a discourse connective and analyzes the discussion on the degrees of murder during the deliberation stage in a mock trial. The article shows that lay people do not understand an important legal concept – mihitsu no koi – which means ‘willful negligence’. Furthermore, in determining a defendant's state of mind, lay people tend to look for motives, while the legal system asks them to examine circumstantial evidence instead. The result is a complicated negotiation between the professional and lay judges in which the professional judges play more of a role of educator than of an equal colleague.
The Psycholinguistic Basis Of Distinctiveness in Trademark Law
Authors: Hotta Syugo , Fujita Masahiro
Published: February 2013

This article examines distinctiveness in a trademark from a psycholinguistic perspective. The proposed analysis adopts well-known linguistic concepts and principles, such as markedness and Grice's Conversational Maxims, in scrutinizing the linguistic aspects of a mark. It first shows how the proposed linguistic analysis works to identify the source of distinctiveness in a trademark and then tests the proposed analysis with a reaction time experiment in which participants are visually exposed to stimulus words that differ in their phonological, morphological, and semantic structures. The analysis aims to contribute not only to linguistics but also to trademark practice, in that it will provide more consistent and empirically grounded standards for the analysis of linguistic aspects of trademarks. Linguistics provides our tacit knowledge with a mechanism that enables us to access, understand, and present it. When research grounded in the disciplines of linguistics and cognitive science enables this tacit knowledge to manifest itself before a court, that knowledge becomes scientific evidence.
Language Analysis For Determination Of Origin: Objective Evidence For Refugee Status Determination
Authors: Patrick Peter L.
Published: February 2013

Refugees are persons who can show ‘a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion’ in their home country. Not all speech and text evidence is commonly used in the processes of linguistic analysis that LADO (Language Analysis for Determination of Origin) comprises – indeed, LADO commonly involves collecting small amounts of speech specifically for linguistic analysis, and ignoring the rest – although linguistic analyses of various types (for example, discourse or narrative analysis) consider the wider evidence base. Many interviews and statements given by asylum seekers in the Refugee Status Determination process also contain information relevant to assessing their linguistic background, repertoire, and experience more broadly, which is necessary to properly frame and inform the narrower LADO analysis that typically occurs. This article discusses the use of language analysis to determine refugee status. It considers linguistic socialization and speech communities, institutional positions in LADO, institutional pressures on LADO, linguists as LADO analysts, standards of expertise for LADO linguists, and the role of native speakers in LADO.
The Constitution and Justice
Authors: Gargarella Roberto
Published: February 2013

This article is organized as follows. Section I examines a procedural approach to the constitution. According to the procedural reading, a just constitution has to be neutral among different views and establish a fair procedure through which rival parties seek approval from the people. In order to study the procedural approach, it seeks support in John Rawls's Theory of Justice, where the constitution is examined as an exemplar of imperfect procedural justice. Section II distinguishes between two different interpretations of the procedural constitution, one related to libertarianism and the other to egalitarianism. These interpretations allow us to reflect on the neutral character of the procedural constitution. Section III contrasts the procedural approach with an alternative, republican understanding of the constitution. In order to illustrate the differences between these theories, the article examines their conflicting views on whether or not a just constitution should incorporate a list of social rights in its bill of rights.
Sovereignty
Authors: Troper Michel
Published: February 2013

The idea that the state possesses and exercises a supreme and absolute power is central to constitutional law. It is almost impossible for anyone writing in the field to avoid discussing it, even if in some cases the discussion leads to denying that it is a meaningful concept. This article discusses the external and internal sovereignty of the state and sovereignty in the state. It argues that the question whether the theory of sovereignty is valid must be answered in the affirmative for two different reasons, both connected to fundamental conceptions of constitutional theory. First, we can see the task of constitutional theory as a general description of positive constitutional law. Constitutional theory also describes the law through an analysis of legal discourse and it is an empirical fact that actors use the language of sovereignty.
Human Dignity and Autonomy in Modern Constitutional Orders
Authors: Mahlmann Matthias
Published: February 2013

The controversy around human dignity as a foundational concept for the law in general and constitutionalism in particular is no superficial affair. To find a way out of this maze, this article first discusses the problems of the method and theory of comparative legal perspectives and the core issue to which they lead: the antinomy of practical universalism and theoretical relativism of human rights. It then sketches some relevant aspects of the history of the idea of human dignity. The discussion then turns to the content of human dignity and its doctrinal unfolding as a legal concept. Finally, some tentative remarks are made on the deeper cultural and political issues at stake.
Gender in Constitutions
Authors: Mackinnon Catharine A.
Published: February 2013

This article explores the role of gender in constitutions. The voices and concerns of women have been largely absent from official constituting processes and decisive interpretations until recently. Historically, constitutions have been almost exclusively man-made, and it shows. The central gender question posed by comparative constitutional analysis is the impact of intervention at the constitutional level on gender hierarchy in life and law. The gendered features of constitutional regimes, in their relations to the social and legal contexts they reflect and shape, can be analyzed along four principled dimensions through which sex inequality is institutionalized, and along which it is being contested. The first concerns equality; the second concerns relative freedom; the third involves the structural private dimension; the fourth involves the political dimension in the broadest sense. Often the four dimensions intersect and interact. For example, the family is considered structurally private and can be controlled by moral rules of religious or customary law, shaping realities of gender hierarchy that would trigger equality law (law that itself may either be constructed around difference or in opposition to dominance). These interconnections can make gendered issues doubly or even triply difficult to reach and remedy constitutionally.
Elections
Authors: Pildes Richard H.
Published: February 2013

This article discusses the issues surrounding elections that have tended to come before judicial institutions. Over the last generation, we have witnessed ‘the constitutionalization of democratic politics’. Starting with the US Supreme Court's one-person, one-vote decisions in the 1960s, and accelerating greatly over the last twenty or so years, courts throughout the world have become more and more actively engaged in evaluating the design of democratic institutions and processes. Court decisions now routinely engage certain expressive aspects of democracy and elections, such as who should be understood to have the right to participate, and can also have significant instrumental consequences on the ways in which democracies function, such as when courts determine what kinds of regulations of election financing are constitutionally permissible. In addressing various constitutional challenges to the way legislative rules structure democratic participation and elections, courts struggle to reconcile protection of essential democratic rights; the need to permit popular experimentation with the forms of democracy; the risk of political insiders manipulating the ground rules of democracy for self-interested reasons; and the need to protect democracy against anti-democratic efforts that arise through the political process itself.
Parliamentarism
Authors: Bradley Anthony W. , Pinelli Cesare
Published: February 2013

This article begins with a discussion of the British model of parliamentarism. It then discusses continental Europe's original version of parliamentarism; how a common consent was finally reached on the meaning of ‘parliamentarism’; the waves of democratization and the worldwide diffusion of the parliamentary system; forms of government and separation of powers; the status of member of parliament; differences and analogies within the family of parliamentary systems; and whether parliamentarism is declining.
Constitutional Identity
Authors: Rosenfeld Michel
Published: February 2013

‘Constitutional identity’ is an essentially contested concept as there is no agreement over what it means or refers to. Conceptions of constitutional identity range from focus on the actual features and provisions of a constitution — for example, does it establish a presidential or parliamentary system, a unitary or federal state — to the relation between the constitution and the culture in which it operates, and to the relation between the identity of the constitution and other relevant identities, such as national, religious, or ideological identity. This article discusses the place and function of constitutional identity; the identity of constitutional models; identity and constitution-making; identity through constitutional interpretation; and the problem of identity in supranational constitutions.
Economic Rights
Authors: Ewing K. D.
Published: February 2013

This article begins with a brief description of the social democratic tradition which prevails in mainly European jurisdictions, a tradition characterized by a desire to regulate the imbalance of power in private law relationships, notably the relationship between property and labour. To this end, social democratic constitutions may seek to underpin what has been referred to as the ‘economic constitution’, said to be ‘the very key to the achievement of social democracy’ itself. Constitutions in this latter tradition will typically include two species of economic rights, the first being the rights of property traditionally to be found in liberal constitutions, and the second being the rights of labour which traditionally are not to be found in liberal constitutions. The discussion then turns to economic liberalism; the Weimar legacy; social democracy renewed; workers' rights; trade union rights; economic rights and the ‘new democracies’; and economic rights and liberal democracies.