7. Certainty

2019 ◽  
pp. 182-212
Author(s):  
JE Penner

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. A declaration of trust must be ‘certain’, meaning that a settlor must declare the terms of the trust with sufficient ‘certainty’ or precision for the trustees to know what they must do, or the intended trust fails. This chapter discusses the ‘three certainties’, following Knight v Knight (1840): certainty of intention; certainty of subject matter; and certainty of objects, in both the traditional family and commercial contexts. The first concerns the question whether what the putative settlor did or said amounts to a declaration of a trust over his property. The second requires that the property that is to form the trust corpus is identifiable. The third requires that the intended beneficiaries, the ‘objects’ of the trust, are identifiable.

2021 ◽  
Vol 18 (5) ◽  
pp. 633-656
Author(s):  
Adrian Briciu

Abstract It has become almost a cliché to say that we live in a post-truth world; that people of all trades speak with an indifference to truth. Speaking with an indifference to how things really are is famously regarded by Harry Frankfurt as the essence of bullshit. This paper aims to contribute to the philosophical and theoretical pragmatics discussion of bullshit. The aim of the paper is to offer a new theoretical analysis of what bullshit is, one that is more encompassing than Frankfurt’s original characterization. I part ways with Frankfurt in two points. Firstly, I propose that we should not analyze bullshit in intentional terms (i.e. as indifference). Secondly, I propose that we should not analyze it in relation to truth. Roughly put, I propose that bullshit is best characterized as speaking with carelessness toward the evidence for one’s conversational contribution. I bring forward, in the third section, a battery of examples that motivate this characterization. Furthermore, I argue that we can analyze speaking with carelessness toward the evidence in Gricean terms as a violation of the second Quality maxim. I argue that the Quality supermaxim, together with its subordinate maxims, demand that the speaker is truthful (contributes only what she believes to be true) and reliable (has adequate evidence for her contribution). The bullshitter’s main fault lies in being an unreliable interlocutor. I further argue that we should interpret what counts as adequate evidence, as stipulated by the second Quality Maxim, in contextualist terms: the subject matter and implicit epistemic standards determine how much evidence one needs in order to have adequate evidence. I contrast this proposed reading with a subjectivist interpretation of what counts as having adequate evidence and show that they give different predictions. Finally, working with a classic distinction, I argue that we should not understand bullshit as a form of deception but rather as a form of misleading speech.


2008 ◽  
Vol 18 (1) ◽  
pp. 109-134
Author(s):  
David Bathrick

AbstractThe period prior to the 1970s has frequently been portrayed internationally as one of public disavowal of the Jewish catastrophe politically and cinematically and as one in which there was a dearth of filmic representations of the Holocaust. In addition to the Hollywood productionsThe Diary of Anne Frank(1960), Stanley Kramer’sJudgment at Nuremberg(1961) and Sidney Lumet’sThe Pawnbroker(1965), one often spoke of just a few East and West European films emerging within a political and cultural landscape that was viewed by many as unable or unwilling to address the subject. This article takes issue with these assumptions by focusing on feature films made by DEFA between 1946 and 1963 in East Berlin’s Soviet Zone and in East Germany which had as their subject matter the persecution of Jews during the Third Reich.


Author(s):  
Justine Pila ◽  
Paul L.C. Torremans

Once a European patent has been granted the nature and scope of the protection it confers must be determined. In considering such protection this chapter focuses on four issues of central importance to that end. The first is the effects of a patent, namely, the territories in and term for which it is valid. The second is the object of protection, namely, the subject matter that the public is excluded from using during the term of its protection. The third is the nature of protection, namely, the uses of the subject matter from which the public is excluded. And the fourth is the limitations to protection, namely, the uses of an invention that the law permits notwithstanding its protection by patent grant.


Author(s):  
Laura Heins

This chapter examines the domestic melodrama and argues that it was used by the Nazis in a genre-contradictory manner to effect a departure from the nuclear family, in accordance with the antibourgeois antipathies of the regime's leadership. It contends that Nazi films, far from universally reinforcing traditional family structures, actually profit from an undermining of sexual taboos—the ultimate goal being an increased level of efficiency of production and reproduction. Seemingly prohibited desires actually formed the core of Nazi film melodramas; just as fascist Germany's “leading man” found the family largely unattractive, so did the imaginary of its cinema. Filmmakers in the Third Reich preferred to offer images of the dissolution of the family rather than images of harmonious familial units, and the domestic melodrama in particular reveals the highly conflicted attitude of Nazi ideology and policy regarding bourgeois morality, marriage, and motherhood.


1979 ◽  
Vol 12 (03) ◽  
pp. 338-339
Author(s):  
Ross Baker

Among the legendary thin volumes such asEthics for Used-Car DealersorLove Sonnets for Bureaucrats, one would invariably find a copy ofThe Wit and Humor of Political Science. There is an irony here and it is this: the very subject matter which is studied by political scientists—government and politics—has produced an enormous amount of humor, but those who study it rarely allow themselves the luxury of approaching the topic with levity or a sense of the absurd. How can it be that what is humorous in practice is so serious in theory? There are jokes about sports, jokes about ethnic groups, jokes about sex, and even jokes about religion but can anyone recall the last time he was elbowed in the ribs and had someone snicker to him, “Say, did you hear the latest joke about content analysis?” What would a joke about political scientists sound like? Would it go something like this? Question: How many political scientists does it take to experience love-making? The answer is three—two to ask each other how it felt and the third to determine the degree of inter-coder reliability. Pretty slim pickings on the whole until the book that is the subject of this piece of arrant puffery.


Author(s):  
Arzy Dilyaverovna Khas'yanova

This article examines the establishment of private periodical press of the Taurida Governorate in the late XIX century. The object of this research is the first private newspaper – “Crimean Leaflet”. The author explores the socioeconomic processes and censorship conditions, which affected the emergence of the Crimean private periodicals. An overview is given to the historiography and sources used in this work. The first part of the article studies the sociopolitical and cultural-historical prerequisites for the emergence of mass media in the governorate. The second part examines the process of opening and operation of the newspaper, its outline, biography of the publisher, as well as composition of the editorial board. The third part reveals the subject matter of the published materials and the peculiarities of interaction of the newspaper with the provincial administration and censorship authorities. The author also analyzes the reasons why the newspaper was shut down. In conclusion, the author reviews the role of the newspaper in formation of private provincial press, and its impact upon public relations in the Taurida Governorate. The scientific novelty consists in introduction into the scientific discourse of previously unstudied archival materials, as the historiography virtually had no records on the newspaper and the personality of the publisher. This work contributes to studying the development of private press in the Taurida Governorate, as well as reveals certain details of state policy with regards to provincial press in the late XIX century.


2021 ◽  
Vol 21 (1) ◽  
pp. 113-126
Author(s):  
Carlos Eduardo Maldonado

There is no such thing as a science of death, although there is a science of life, as it happens. Death is not so much the subject matter of science but an experience, and death experiences we find abundantly in the literature. Now, experience is told not so much in a scientific tenure but as a narrative. Within the framework of bioethics, death comes closer, particularly what is usually known as end-of-life dilemmas, i.e., palliative care, a most sensitive arena, if there is any at all. This paper argues about the interplay or dialogue between death and complexity science. It claims that the knowledge of death is truly the knowledge of life and provides three arguments that lead to the central claim. The first argument is very much close to a kind of heuristic for knowing about death, while the second shows the challenge of knowing death. The third one consists of a reappraisal of death within an extensive cultural or civilizing framework. Lastly, some open-ended conclusions are drawn.


Author(s):  
Richard A. Beauchamp

This paper shows how my introductory courses in philosophy were "reformed" by adopting the Peircean notion, as interpreted by Royce, of "community of interpretation." The paper has three main parts. The first sets forth the Peircean/Roycean notion of personhood as active membership in a community of interpretation. T he second spells out the implications of this idea for a theory of pedagogy, one that gives precedence to activities that promote "induction into" the community of interpretation over "introduction to" the subject matter. The third enumerates the specific technique that I adopted to implement the new pedagogical understanding. As a guiding principle for a philosophy of education, the community of interpretation offers specific criteria by which to judge the adequacy of the way a course is structured and presented in the syllabus, how classes are conducted, and how students are tested. The paper tells how the guiding concept is shared with the students in the syllabus to create a common understanding of what a philosophy class should be, and what is expected of them. The community of interpretation implies that lectures be minimized and that dialogue be maximized, requiring a constant discipline of exploring the intersection of concerns between students and major philosophers in the tradition. Finally, testing must become occasions for interpretation rather than mere recall of information about philosophers and their ideas. The pedagogical discipline entailed by the notion of a community of interpretation is judged to be the best way for students to discover and nurture their own autonomous philosophical voices.


1962 ◽  
Vol 2 (1) ◽  
pp. 106-113
Author(s):  
M. Sanauixah

This brief review of the second1 and third2 census bulletins from the 1961 census of Pakistan is second in a series3 of review articles by the Demographic Section of the Institute of Development Economics on the census publications. This review is really a supplement to the first in so far as the second and third bulletins are, by and large, final confirmations of the first bulletin, though the third bulletin also provides a long series of detailed figures for small areas. The second census bulletin gives the final results of some of the information collected during the 1961 census, the provisional summaries of which were published in the first bulletin. It, however, does not reproduce the literacy, houses and household data and some of the urban information from the first bulletin. Instead, it provides some additional information on population by rural-urban and religious classifications. Besides, the second release contains statistical notes on (a) growth of population, (b) rural and urban growth of population, and (c) religion. These differences between the two successive census bulletins are important and the additional information returned will form the subject matter of discussion in this article.


2021 ◽  
pp. 27-56
Author(s):  
Ursula Goldenbaum

This chapter aims to show that Kant has never been a Wolffian but started his career precisely from the core problem of the Pietists to secure the influxus physicus and thereby liberum arbitrium. I will first present the battle of Pietist and other Lutheran theologians against Wolffianism as a theological-political battle, which explains its extension as well as its fierceness. Then I will explain how a metaphysical hypothesis such as Leibniz’s pre-established harmony could become the subject of a theological-political debate in the Protestant area of the Empire lasting for decades. Only in the third section I will situate Kant’s very first, but quite lengthy book in this context and contrast his declared intention to solve the controversy between Leibnizians and Cartesians about the estimation of forces with his actual metaphysical approach to save influxus physicus. It will be shown that Kant’s approach lacks any familiarity with modern mechanics and mathematics. Finally, I will point to the contemporary reception of Kant’s first book which confirms my evaluation.


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