Jalons pour une théorie pragmatique de l’interprétation du contrat : du temple de la volonté à la pyramide de sens

La thèse insiste sur les différents aspects du terme interprétation. Si son sens varie d’une discipline à l’autre, il varie également d’un juriste à un autre. Partant du constat de l’inadéquation de la théorie classique reposant sur la distinction entre méthode subjective et méthode objective d’interprétation, la thèse propose une nouvelle théorie interprétative basée sur les théories de la communication (la rhétorique et la pragmatique). La théorie pragmatique ainsi développée est par la suite illustrée à l’aide de la jurisprudence de la Cour d’appel du Québec. Ceci afin de démontrer qu’il n’y a pas une théorie interprétative, mais bien des théories interprétatives du contrat au sein des magistrats. Ces théories se distinguent par la prépondérance qu’elles accordent aux arguments de volonté, de logique et d’effectivité. De plus, la thèse fait la démonstration de la nécessité de distinguer entre la production de la norme (opération intellectuelle suivie par l’interprète inaccessible pour l’auditoire) et la justification de la norme (argumentation développée par l’interprète afin de convaincre l’auditoire). S’il peut y avoir adéquation entre ces deux étapes, il peut également y avoir discordance entre le processus suivi afin d’arriver au résultat interprétatif et la justification de ce dernier. Tel est le cas notamment lorsque l’interprète argumente à l’aide de la théorie de l’acte clair voulant qu’un texte clair n’ait pas besoin d’être interprété.

The Perception of Subjective Surfaces

It is proposed that subjective contours are an artifact of the perception of natural three-dimensional surfaces. A recent theory of surface interpolation implies that "subjective surfaces" are constructed in the visual system by interpolation between three-dimensional values arising from interpretation of a variety of surface cues. We show that subjective surfaces can take any form, including singly and doubly curved surfaces, as well as the commonly discussed fronto-parallel planes. In addition, it is necessary in the context of computational vision to make explicit the discontinuities, both in depth and in surface orientation, in the surfaces constructed by interpolation. It is proposed that subjective surfaces and subjective contours are demonstrated. The role played by figure completion and enhanced brightness contrast in the determination of subjective surfaces is discussed. All considerations of surface perception apply equally to subjective surfaces.

Kant en los problemas de filosofía de la mente contemporánea entre D. Davidson y J. Kim: un argumento a favor del Monismo Anómalo

El Monismo Anómalo que Donald Davidson postuló como posible derrotero a propósito de los problemas latentes en filosofía de la mente contemporánea ha sido víctima de serias críticas, en especial aquellas planteadas por Jaegwon Kim. Sin embargo, una lectura que incluya las referencia que Davidson hizo del proyecto que Kant desarrolló en la Tercera Antinomia de la Razón Pura puede servir para ofrecer una lectura a favor de su proyecto.

Does uncertainty cause inertia in decision making? An experimental study of the role of regret aversion and indecisiveness

Previous research has shown that often there is clear inertia in individual decision making---that is, a tendency for decision makers to choose a status quo option. I conduct a laboratory experiment to investigate two potential determinants of inertia in uncertain environments: (i) regret aversion and (ii) ambiguity-driven indecisiveness. I use a between-subjects design with varying conditions to identify the effects of these two mechanisms on choice behavior. In each condition, participants choose between two simple real gambles, one of which is the status quo option. I find that inertia is quite large and that both mechanisms are equally important.

Uptake pathways: the potential of Bayesian belief networks to assist the management, monitoring and evaluation of development-orientated research

The effectiveness of development assistance has come under renewed scrutiny in recent years. In an era of growing economic liberalisation, research organisations are increasingly being asked to account for the use of public funds by demonstrating achievements. However, in the natural resources (NR) research field, conventional economic assessment techniques have focused on quantifying the impact achieved rather understanding the process that delivered it. As a result, they provide limited guidance for planners and researchers charged with selecting and implementing future research. In response, “pathways” or logic models have attracted increased interest in recent years as a remedy to this shortcoming. However, as commonly applied these suffer from two key limitations in their ability to incorporate risk and assess variance from plan. The paper reports the results of a case study that used a Bayesian belief network approach to address these limitations and outlines its potential value as a tool to assist the planning, monitoring and evaluation of development-orientated research.

The implications of service-dominant logic and integrated solutions on the sales function

This study explores the implications of an organization moving toward service-dominant logic (S-D logic) on the sales function. Driven by its customers’ needs, a service orientation by its nature requires personal interaction and sales personnel are in an ideal position to develop offerings with the customer. However, the development of S-D logic may require sales staff to develop additional skills. Employing a single case study, the study identified that sales personnel are quick to appreciate the advantages of S-D logic for customer satisfaction and six specific skills were highlighted and explored. Further, three propositions were identified: in an organization adopting S-D logic, the sales process needs to elicit needs at both embedded-value and value-in-use levels. In addition, the sales process needs to coproduce not just goods and service attributes but also attributes of the customer’s usage processes. Further, the sales process needs to coproduce not just goods and service attributes but also attributes of the customer’s usage processes.

Making sense of survival: refining the treatment of state preferences in neorealist theory

The assumption that ‘states' primary goal is survival’ lies at the heart of the neorealist paradigm. A careful examination of the assumption, however, reveals that neorealists draw upon a number of distinct interpretations of the ‘survival assumption’ that are then treated as if they are the same, pointing towards conceptual problems that surround the treatment of state preferences. This article offers a specification that focuses on two questions that highlight the role and function of the survival assumption in the neorealist logic: (i) what do states have to lose if they fail to adopt self-help strategies?; and (ii) how does concern for relevant losses motivate state behaviour and affect international outcomes? Answering these questions through the exploration of governing elites' sensitivity towards regime stability and territorial integrity of the state, in turn, addresses the aforementioned conceptual problems. This specification has further implications for the debates among defensive and offensive realists, potential extensions of the neorealist logic beyond the Westphalian states, and the relationship between neorealist theory and policy analysis.

Another Waltz? Methodological rhetoric and practice in theory of international politics

Although Theory of International Politics is a standard-bearer for explanatory theory in international relations (IR), Waltz’s methodology has been subject to numerous quite disparate analyses. One reason why it has proved hard to pin down is that too little attention has been paid to how, in practice, Waltz approaches real-world problems. Despite his neopositivist rhetoric, Waltz applies neorealism in a notably loose, even indeterminate, fashion. There is therefore a disjunction between what he says and what he does. This is partly explained by his unsatisfactory attempt to reconcile his avowed neopositivism with his belief that international politics is characterized by organized complexity. The inconsistencies thus created also help to make sense of why competing interpretations of his methodology have emerged. Some aspects of his work do point beyond these particular methodological travails in ways that will continue to be of interest to IR theorists, but its most enduring methodological lesson may be that rhetoric and practice do not necessarily fit harmoniously together.

The logic of ideas in Christopher Hill's English revolution

This article examines the role played by ideas and their thinkers in Christopher Hill's histories of the English Revolution. Hill protested against a reductionist economic determinism with no place for the intrinsic power of ideas, but his account of ideas gave them a progressive logic parallel to, if not always easy to link with, that of economic development, and threatened to divorce them from their muddled and imperfect thinkers. This account of the logic of ideas had a striking impact on the way in which the more mainstream radicals of the English Revolution appeared in Hill's work, with both the Levellers and James Harrington being half assimilated to, and half pushed aside in favor of, the more thoroughgoing economic radicals who expressed, in however ragged a way, the intrinsic potential of their ideas. However, Hill's writings also betray a surprising attraction to religious over secular forms of radicalism.

Analytic Methods for the Logic of Proofs

The logic of proofs (lp) was proposed as Gdels missed link between Intuitionistic and S4-proofs, but so far the tableau-based methods proposed for lp have not explored this closeness with S4 and contain rules whose analycity is not immediately evident. We study possible formulations of analytic tableau proof methods for lp that preserve the subformula property. Two sound and complete tableau decision methods of increasing degree of analycity are proposed, KELP and preKELP. The latter is particularly inspired on S4-proofs. The crucial role of proof constants in the structure of lp-proofs methods is analysed. In particular, a method for the abduction of proof constant specifications in strongly analytic preKELP proofs is presented; abduction heuristics and the complexity of the method are discussed.

Base Revision for Ontology Debugging

Belief Revision deals with the problem of adding new information to a knowledge base in a consistent way. Ontology Debugging, on the other hand, aims to find the axioms in a terminological knowledge base which caused the base to become inconsistent. In this article, we propose a belief revision approach in order to find and repair inconsistencies in ontologies represented in some description logic (DL). As the usual belief revision operators cannot be directly applied to DLs, we propose new operators that can be used with more general logics and show that, in particular, they can be applied to the logics underlying OWL-DL and Lite.

On AGM for Non-Classical Logics

The AGM theory of belief revision provides a formal framework to represent the dynamics of epistemic states. In this framework, the beliefs of the agent are usually represented as logical formulas while the change operations are constrained by rationality postulates. In the original proposal, the logic underlying the reasoning was supposed to be supraclassical, among other properties. In this paper, we present some of the existing work in adapting the AGM theory for non-classical logics and discuss their interconnections and what is still missing for each approach.