Out of the darkness and into the light : a study of inauthentic and authentic speech

Introduction Man can be described as the being who shows himself in speech, and from birth to death is continually speaking. Communication is so close to us, so woven into our very being, that we have little understanding of the way it is constituted; for it is as hard to obtain distance from communication as it is to obtain distance from ourselves. All communication is not alike. There are two basic modesl of communication, the inauthentic and the authentic, between which there occurs a constant tension. It is in the inauthentic mode, points out Heidegger, that we find ourselves "proximately and for the most part"; 1. Being and Time, pg. 68 Dasein decides as to the way it will comport itself in taking up its task of having being as an issue for it. " •.• it~, in its very being 'choose' itself and win itself; it can also lose itself and never win itself or only "seem" to do so. But only in so far as it is essentially something which can be authentic--that is, something of its own--can it have lost itself and not yet won itself." 2. therefore Heidegger also terms it "everydayness".2 Caught up in the world of everydayness, our speaking covers over and conceals3 our rootedness in being, leaving us in the darkness of untruth. The image of darkness may be inferred from Heidegger's use of the image of "clearing,,4 to depict being as 2. ibid. pg. 69 "Dasein's average everydayness, however, is not to be taken as a mere 'aspect'. Here too, and even in the mode of inauthenticity, the structure of existentiality lies ~ priori and here too Dasein's being is an issue for it in a definite way; and Dasein comports itself towards it the mode of average everydayness, even if this is only the mode of fleeing in the face of it and forgetfulness thereof." 3. ibid. pg. 59 "covering over" and "concealing" are 1;yays Dasein tries to flee its task of having being as an issue for itself. " ••• This being can be covered up so extensively that it becomes forgotten and no question arises about it or its meaning ••• n How everyday speaking accomplishes this will be taken up in detail in the second chapter which explores Dasein's everyday speech. 4. ibid, pg. 171 lI ••• we have in mind nothing other than the Existential - ontological structure of this entity (Dasein), that it is in such a way as to be its 'there'. To say that it is -' illuminated' [tlerleuchtet"] means that as Being-in-theworld it is cleared [gelichtetJ in itself7 not through any other entity, but in such a way that it is itself the clearing. Only for an entity which is eXistentially cleared in this way does what is present-at-hand become accessible in the light or hidden in the dark •••• " 3 dis-coveredness and truth. Our first task will be to explore the nature of communication in general and then to explore each of the modes manifested in turn. The structure of the inauthentic mode of communication can be explored by asking the following questions: What is this speaking about? Who is it that is speaking and who is spoken to? Does this speaking show man in his speech? The authentic mode is distinguished by the rarity with which we encounter it; as the inauthentic conceals, so the authentic reveals our rootedness in being. Yet this rarity makes it difficult to delineate its elusive structure clearly. Its constituent elements can be brought into focus by asking the same questions of this mode that we previously asked of the inauthentic mode. Our initial response to the disclosure of the authentic mode is to attempt to abandon the inauthentic mode and leave the darkness behind dwelling only in the "lighted place". All through the ages, some men pushing this to extreme, have, upon uncovering their relatedness to being, experienced a deep longing to dwell in such a "place" of pure truth and oft times denigrated or attempted to exclude the everyday world. Such 4. flight is twice mistaken: first it atbempts to fix truth as unchanging and static and secondly, it opposes this to untruth which it seeks to abolish. This is both the wrong view of truth and the wrong view of untruth as Heidegger points out in The Origin of The-Work of Art: The Way-to-be of truth, i.e., of discoveredness, is under the sway of refusal. But this refusal is no lack or privation, as if truth could be simply discoveredness rid of all covers. If it could be that, it would no longer be itself . ••• Truth in its way-to-be is untruth.5 Pure light is not the nature of Being nor is pure unconcealedness possible for man. Failure to remember this is the failure to realize that communication destroys itself in such flight because it no longer maintains the contingency of its task, i.e., the dis-closedness of being. We are reminded of the strong attraction this flight from darkness held for Plato. Light, truth and Being are all beyond the darkness and have nothing to do with it. In Book VII of the R~public, Socrates' explanation of the Allegory of the Cave to Glaucon points to a decided preference men have for the "lighted place". 5. The Origin Of The Work Of Art, pg. 42 5. Come then, I said, and join me in this further thought, and do not be surprised that those who attained to this height are not willing to occupy themselves with the affairs of men, but their souls ever feel the upward urge and yearning for that sojourn above. For this, I take it, is likely if in this point too the likeliness of our image holds. 6 Despite the attraction to pure truth, human communication is more complex than putting down one mode of communication and picking up another. Due to the fact that we are always on the way, the title of my thesis will have to be amended: OUT OF THE DARKNESS AND INTO THE LIGHT--AGAIN AND AGAIN. It must be this way because this is what it means to be human. This is the point made by Mephisto to Faust in pointing out that man, standing between God and the devil, needs both darkness and light: Er findet sich in einem ewigen Gl~t Uns hat er in die Finsternis gebracht, Und euch taugt einzig Tag und Nacht. 7 6. Republic z (517 c & d) It should be noted however, that while the philosopherking must be compelled to return to the cave for purely political reasons, once he has taken adequate view of the "brightest region of being" he has the full truth and his return to darkness adds nothing to the truth. 7. Faust, pg. 188 6. This thesis proposes to examine the grounds that give rise to communication, uncovering the structure of its inauthentic and authentic modes and paying close attention to tpeir interrelationship and to their relationship to language as "the house of Being": language that both covers and opens up man's rootedness in Being, transforming him as he moves along his way, taking up his "ownmost task" of becoming who he is. roots. He is the being who shows himself inn that reflects his forgetfulness or remembrance of his rootedness in being. Man comes into an already existent world and is addressedl through things in the world which are c

Emergencies and arbitrary coercion

Cette thèse jette un œil sceptique sur plusieurs théories courantes de l’état d’urgence. La plupart de ces théories de l’état d’urgence présupposent que la notion d'une « urgence » est claire, conceptuellement et pratiquement. J'argue que ceci n'est pas le cas et que cette certitude mal placée produit des problèmes pratiques et conceptuels avec ses théories. De plus, cette thèse démontre que cette certitude mal placée dans la clarté du concept de l'urgence mène les autorités gouvernementales à agir arbitrairement plutôt que selon des principes libéraux et démocratiques pendant des états d’urgence. Contre cette certitude mal placée et contre plusieurs théories contemporaines influentes des états d'urgence, j'offre une théorie rigoureuse et analytique du concept de l’« urgence. » Une fois que le concept de l'urgence est défini, et que cette conception est défendue, la thèse démontre les diverses manières dont les malentendus du concept, mènent aux utilisations arbitraires (de la puissance monopole de l'état) en situation d’urgence. En considérant les états d’urgences, comme événements rares, la thèse évite la tentation de les considérer comme événements exceptionnels capable de fragmenter l'ordre politique établi (comme d’autres théories le font). La thèse argue que les mesures prises par le gouvernent pendant l’état d’urgence devraient être compatibles plus généralement avec les valeurs démocratiques et libérales. En rejetant l'idée que les états d'urgence sont des événements exceptionnels, la thèse crée un espace conceptuel dans lequel des propositions plus constructives concernant la gestion des états d'urgence peuvent être entendues. De plus, en analysant les diverses manières dont les autorités gouvernementales utilisent leur forces de façon arbitraire pendant les états d’urgence, la thèse argue clairement pour la supervision institutionnelle accrue en ce qui concerne les procédures d’urgence et leur déploiement pendant des états d'urgence. En conclusion, la thèse argue que les démocraties libérales n'ont pas besoin de craindre les états d’urgences tandis que les démocraties libérales ont déjà les ressources requise pour administrer les états d’urgence. Contrairement à ce que d’autres théories l’état d'urgence recommandent, les démocraties libérales ont déjà les ressources institutionnelles et conceptuelles pour administrer les états d’urgences.

Media bias and central bank response. Evidence from the nominal exchange rate behavior in Colombia

Since 1991 Colombia has had a market-determined Peso - US Dollar Nominal Exchange Rate (NER), after more than 20 years of controlled and multiple exchange rates. The behavior (revaluation / devaluation) of the NER is constantly reported in news, editorials and op-eds of major newspapers of the nation with particular attention to revaluation. The uneven reporting of revaluation episodes can be explained by the existence of an interest group particulary affected by revaluation, looking to increase awareness and sympathy for help from public institutions. Using the number of news and op-eds from a major Colombian newspaper, it is shown that there is an over-reporting of revaluation episodes in contrast to devaluation ones. Secondly, using text analysis upon the content of the news, it is also shown that the words devaluation and revaluation are far apart in the distribution of words within the news; and revaluation is highly correlated with words related to: public institutions, exporters and the need of assistance. Finally it is also shown that the probability of the central bank buying US dollars to lessen revaluation effects increases with the number of news; even though the central bank allegedly intervenes in the exchange rate market only to tame volatility or accumulate international reserves.

Sustaining growth and profits in a rapidly changing world - a Chinese perspective

The aim of this paper is to stimulate discussion about how Chinese construction and professional service companies can best equip themselves and grow sustainably and profitably in a rapidly changing world. It identifies some of the issues and risks faced by Chinese construction and professional service companies operating domestically and overseas. China has experienced a period of rapid economic growth which is also reflected in the annual construction output. China’s population is the largest in the world, but the demographic profile is changing with an ageing population and a changing dependency ratio. The population is urbanising at a fast rate, putting pressure on housing, and infrastructure. The government must plan for the future and the construction sector must be involved in that planning. The paper considers the drivers shaping China’s construction market, how companies are responding by embracing change and internationalising by seeking to exploit their skills overseas. The drivers are globalisation, urbanisation, demographic change, sustainability, safety and health, and the evolution of professional services as a core part of construction activity. Clients/owners are driving change by demanding more certainty and more sustainable projects.

Intuitions, disagreement and referential pluralism

Mallon, Machery, Nichols and Stich (Philosophy and Phenomenological Research 79: 332–356, 2009) argue that the use of intuitions in the philosophy of reference is problematic as recent studies show intuitions about reference vary both within and between cultures. I use some ideas from the recent literature on disagreement and truth relativism to shed light on the debate concerning the appropriate reaction to these studies. Mallon et al. argue that variation is problematic because if one tries to use intuitions which vary to find the correct theory of reference one will end up endorsing an absurd position: referential pluralism. I argue that there is hope for intuition-based philosophy of reference. One can avoid endorsing referential pluralism (as Mallon et al. understand it). Furthermore, referential pluralism may not be so absurd after all.

Efetivação da garantia de defesa no estado constitucional de direito: colisão entre o poder punitivo e garantia de defesa

The domination of the violence for the Rule of law awakened a tension between the practice of the punitive power and the right to counsel. However, throughout the recent history of the Criminal law, this shock of forces has been determined for the punitive power. In this perspective, the present work intends to submit the guarantee of defense to a critical judgment, in search to conciliate its content to the Constitutional State of Right. For in such a way, it will be necessary to recognize the disequilibrium of the situation, but without considering the superiority of any of these elements. The State in such a way must fulfill the function to punish the culprits as to acquit the innocents. Despite the law is far from obtaining a harmonious speech, it is necessary that the defense guarantee coexists the punitive power as part of an only public interest, which is, to make criminal justice. In such a way, the existence of a sustainable balance between the punitive power and the guarantee of defense depend on the minimum interference of Criminal law and, also, of the judicial position in the concrete case. The present work faces, therefore, the moment of crisis of the Criminal law, consolidated with the advent of a new way of thinking according to the procedural guarantees, that will demand the overcoming of the old concepts. The Constitutional State of Right not only constitutes an efectiveness of the regime of the right to counsel, but in a similar way it searchs to accomplish the right of action and criminal justice as a whole. Knowing that the philosophy of the language raises doubts on the certainty, the truth and the judgement, it is imposed to understand that the defense guarantee is no more about a simple idea, but, in the crooked ways of the communication, we intend to find what the judge s function is when he faces this new reality

Interrogando práticas do UNICEF para os adolescentes no Brasil

Este trabalho investigou e interrogou as práticas discursivas do UNICEF direcionadas aos “adolescentes” brasileiros. Utilizou-se o método histórico-genealógico foucaultiano para interrogar o relatório “Situação da Adolescência Brasileira” (2002), que se constituiu como fonte privilegiada desta pesquisa. Desse modo, os questionamentos que moveram o estudo foram: que práticas do UNICEF incidem sobre os corpos de adolescentes brasileiros, no século XX e início do século XXI? Que subjetividades essas práticas produzem? Como objetivam a adolescência? Que relações de poder acionam frente a esses corpos? Que efeitos elas produzem? Tais problematizações não tiveram por finalidade, fazer a história do falso ou do verdadeiro, pois isso não tem importância política, mas problematizar a produção dos regimes de verdades a respeito destes sujeitos e os efeitos destes na atualidade. Dessa forma, marcar a singularidade dos acontecimentos que forjaram este objeto como um problema para as ciências humanas, e como uma questão para o UNICEF e para o Sistema de Garantia de Direitos. O objetivo do estudo foi analisar as práticas discursivas de poder e subjetivação que objetivam e subjetivam a adolescência brasileira. De posse da ferramenta foucaultiana, desmontamos o documento, cortamos as séries que o compõem, desarticulamos as pretensas continuidades, reescrevemos e reinventamos o objeto adolescência, deixando em suspenso as certezas e verdades que o atravessam e que pretendem constituí-lo como objeto natural, imersos em essencialismos e homogeneizações. Como resultados, identificamos dicotomias no documento, como: potencialidade/risco, fase positiva/negativa, por exemplo, que tentam naturalizar o sujeito como algo dado a priori, portador de uma essência objetivado e subjetivado por uma perspectiva linear do desenvolvimento humano, como: adaptação/desadaptação, normal/anormal, maturidade/imaturidade e uma sequência linear de fases, que atende também a concepções econômicas desenvolvimentistas e neoliberais preocupadas com a equação custo-benefício.Foi com um olhar atento às ninharias do poder, que buscamos destruir certezas e evidências, atentando não para as intencionalidades dos jogos de forças, mas, ao acaso das lutas.

Um estudo sobre a relação entre Caio Prado Júnior e Fernando A. Novais

In this paper we propose to analyze the relationship established by Fernando Novais with Caio Prado regarding the studies about the colonization. Putting himself as his disciple, Novais exposes his conception of colonization as a deepening means and a way to overcome the way by which the author of Formação do Brasil contemporâneo understood the colonial phenomenon. This way of putting this relationship has been accepted by both the critics and supporters of Novais, thus acquiring certainty of truth. We show in this paper that by rooting his conception of colonization in Prado’s conception, Novais conceived him in a particular way: as an historian of the ‘sense of colonization’. The analysis of Prado’s concept of colonization shows, however, that this is part of his interpretation of the history of Brazil, as a whole. It follows that we can’t isolate one from the other without disturbing the comprehension of Prado’s conception. The result of our text is thus retaking the Prado’s conception in its historicity.

The Law Applicable to Online Copyright Infringements int ALI and CLIP Proposals: A Rebalance of Interest Needed?

The article discusses the problems of applicable law to copyright infringements online. It firstly identifies the main problems related to the well established territoriality principle and the lex loci protectionis rules. Then; the discussion focuses on the "ubiquitous infringement" rule recently proposed by the American Law Institute (ALI) and the European Max Planck Group for Conflicts of Law and Intellectual Propoperty (CLIP). The author strongly welcomes a compromise between the territoriality and universality approaches suggested in respect of ubiquitous infringement cases. At the same time; the paper draws the attention that the interests of "good faith" online service providers (such as legal certainty and foreseeability) have been until now underestimated and invites to take these interests into account when merging the projects into a common international proposal.

How task experience influences students' performance expectancies: The role of certainty

The importance of performance expectancies for predicting behavior has long been highlighted in research on expectancy-value models. These models do not take into account that expectancies may vary in terms of their certainty. The study tested the following predictions: task experience leads to a higher certainty of expectancies; certainty and mean expectancies are empirically distinguishable; and expectancies held with high certainty are more accurate for predicting performance. 273 Grade 8 students reported their performance expectancy and the certainty of expectation with regard to a mathematics examination immediately before and after the examination. Actual grades on the examination were also assessed. The results supported the predictions: there was an increase in certainty between the two times of measurement; expectancies and certainty were unrelated at both times of measurement; and for students initially reporting higher certainty, the accuracy of the performance expectancy (i.e., the relation between expectancy and performance) was higher than for students reporting lower certainty. Given lower certainty, the accuracy increased after the students had experience with the examination. The data indicate that it may be useful to include certainty as an additional variable in expectancy-value models.

National Security and Secret Evidence in Legislation and before the Courts: Exploring the Challenges. CEPS Liberty and Security in Europe No. 78/January 2015

This study provides a comparative analysis of the national legal regimes and practices governing the use of intelligence information as evidence in the United Kingdom, France, Germany, Spain, Italy, the Netherlands and Sweden. It explores notably how national security can be invoked to determine the classification of information and evidence as 'state secrets' in court proceedings and whether such laws and practices are fundamental rights- and rule of law-compliant. The study finds that, in the majority of Member States under investigation, the judiciary is significantly hindered in effectively adjudicating justice and guaranteeing the rights of the defence in ‘national security’ cases. The research also illustrates that the very term ‘national security’ is nebulously defined across the Member States analysed, with no national definition meeting legal certainty and “in accordance with the law” standards and a clear risk that the executive and secret services may act arbitrarily. The study argues that national and transnational intelligence community practices and cooperation need to be subject to more independent and effective judicial accountability and be brought into line with EU 'rule of law' standards.

Policy Options for Improving the Functioning and Efficiency of the Digital Single Market in the Field of Copyright. CEPS Special Report No. 121, 19 November 2015

This study explores the existing policy problems and the possible options for reforming the EU copyright framework as provided by EU Directive 29/2001 on Copyright in the Information Society (InfoSoc Directive) and related legislation, with a specific focus on the need to strengthen the Internal Market for creative content. We find two main policy problems: i) the absence of a Digital Single Market for creative works; and ii) the increasing tension between the current system of exceptions and limitations and the legal treatment of emerging uses of copyrighted content in the online environment. Without prejudicing a future impact assessment that might focus on more specific and detailed policy options, our analysis suggests that ‘more Europe’ would be needed in the field of copyright, given the existing sources of productive, allocative and dynamic efficiency associated with the current system. Looking at copyright from an Internal Market perspective would, in this respect, also help to address many of the shortcomings in the current framework, which undermine legal certainty and industrial policy goals.

De-authoring or Authoring?: A plunge into the question of authorship and language in J.M. Coetzee's Foe

J. M. Coetzee's Foe is not only a post-colonial novel, but it is also a re-writing of a classic, and its main themes are language, authorship, power and identity. Moreover, Foe is narrated by a woman, while written by a male, Nobel prize winning South African author. The aim of my tesina is to focus on the question of authorship and the role of language in Foe. Without any claim to be exhaustive, in the first section I will examine some selected extracts of Coetzee's book, in order to provide an analysis of the novel. These quotations will mainly be its metalinguistic parts and will be analysed in the “theory” sections of my work, relying on literary theory and on previous works on the novel. Among others, I will cover themes such as the relationship between speech and writing, the connection between writing, history, and memory, the role of silence and alternative ways of communicating and the relationship between literary authority and truth. These arguments will be the foundation for my second section, in which I will attempt to shed a light on the importance of the novel from a linguistic point of view, but always keeping an eye on the implication that this has on authorship. While it is true that it is less politically-permeated than Coetzee's previous works, Foe is above all a “journey of discovery” in the world of language and authorship. In fact, it becomes a warning for any person immersed in the ocean of language since, while everyone naturally tends to trust speech and writing as the only medium through which one can get closer to the truth, authority never is a synonym of reliability, and language is a system of communication behind which structures of power, misconceptions, lies, and treacherous tides easily hide.

The law and finance of share repurchases in Europe

This article analyses the impact of the EU market abuse law on share repurchases. We find that the Member States' previous rules differed considerably, and therefore it can be said that the Regulation on share repurchases has provided uniformity as to the availability of a safe harbour for share repurchases. The picture, however, gets more difficult to assess if we consider our findings on the actual effect of the law. Our results do not confirm a “simple law and finance story“ according to which market participants would have just reacted as expected by the new legal rules. Rather, it seems to be the case that the value of legal certainty and the positive signal of common legal rules have also had an impact on the propensity to repurchase own stock.