The True Intention of the Ford System

2019 ◽  
pp. 93-109
Author(s):  
Taiichi Ohno ◽  
Norman Bodek
Keyword(s):  
2020 ◽  
Vol 35 (35) ◽  
pp. 001-044
Author(s):  
顏崑陽 顏崑陽

<p>「五四」以降,學者普遍抱持著「為藝術而藝術」的「純文學」觀念,以詮釋、批判中國古代文學。這全是新知識分子反儒家傳統之文化意識型態的投射,不合中國古代文學的「動態性歷史語境」。其實,中國古代士人階層的生活中,詩無所不在,乃是他們社會文化行為所使用既普遍又特殊的言語形式,可稱它為「詩用」;因此本人從而系統化的建構「中國詩用學」。本論文題為〈中國古代「詩用」語境中的「多重性讀者」〉,就是在這一「詩用學」的理論基礎上,深入而全面探討中國古代在「詩用」語境中的「多重性讀者」,以及由此所獲致的文本「意義詮釋」,尤其「作者本意」之詮釋如何可能?更是重要問題。這個論點可以對顯現當代很多學者詮釋古代詩歌,由於缺乏「動態性歷史語境」的觀念,往往將文本從此一語境抽離出來,只做靜態性的詮釋,故而誤以為當代讀者是唯一的讀者,完全不了解在漫長的文本傳播過程中,實歷經多重性的讀者;因此,文本意義的詮釋也被現當代學者所簡化了。</p> <p>&nbsp;</p><p>After the May-Fourth Movement, &quot;art for art’s sake&quot; was a &quot;pure literature&quot; concept popular among scholars who interpreted and criticized classic Chinese literature based on this idea. Such a phenomenon was purely an ideological projection of anti-Confucianism by the new intellects, which failed to comply with the &quot;dynamic historical linguistic context&quot; of ancient Chinese literature. In fact, poetry was ubiquitous in the daily life of ancient Chinese intellects. Poetry was the common but unique language form, dubbed as &quot;the use of poetry&quot; as used by literati in sociocultural settings. I, therefore, construct the &quot;the use of Chinese poetry theory&quot; systematically. It is on the basis of the &quot;use of poetry&quot; theory that &quot; ’Readers of plural identifications’ in the linguistic context of ’the use of poetry’ &quot; of the ancient Chinese discusses extensively and profoundly on the &quot;readers of plural identifications&quot; and the &quot;interpretation of meanings&quot; retrieved from the texts, particularly the possibility of the interpretation of the &quot;author’s true intention,&quot; which is the most important issue. The viewpoint may manifest the simplified interpretation of meanings by contemporary scholars due to their lack of the concept of &quot;dynamic historical linguistic context&quot;; as a result, contemporary scholars tend to estrange the text from its linguistic context and make static interpretations, mistaking contemporary readers as the only readers. They fail to understand that during the long process of dissemination, the texts have experienced readers of plural identifications.</p> <p>&nbsp;</p>


2016 ◽  
Vol 80 (6) ◽  
pp. 407-427
Author(s):  
Mark P Thomas

On 16 January 2016, the Divisional Court gave judgment in the case of Collins. In the judgment, Sir Brian Leveson P provided an authoritative statement as to the meaning of ‘grossly disproportionate’ within the law of self-defence for householders. First introduced in 2013, clarity on the meaning of the phrase has been long awaited by both the academic and the practitioner. The court’s interpretation of the phrase has disturbed the understanding of many and will cause many editions of upcoming criminal law textbooks to be rewritten on this point. This paper will examine whether the Divisional Court was correct in its interpretation by attempting to find the true intention of Parliament in drafting the legislation. The paper will also examine how the householder defences operates in modern practice and its suitability to the law of self-defence.


2004 ◽  
Vol 66 (4) ◽  
pp. 571-573
Author(s):  
James R. Stoner

It was not the exquisite self-consciousness of a Henry James that I had in mind when I wondered about equality and hierarchy in Locke, but the assertive self-consciousness or—what is for Locke ultimately the same—self-interestedness of an Andrew Carnegie, as exemplified both in the acquisition and the dispersion of his fortune. After all, it was Locke's genius in chapter five of the Second Treatise to make the case for private property on different grounds than had Aristotle because he conceived of property in a different way: as the fruit, not of nature, but of human creativity, less interesting for its use in leisure than for its origin in labor. As Strauss and even Zuckert have suggested, the brilliance of Locke's argument does not eclipse its underlying contradiction, that on the one hand the initial right to acquire seems to depend on there being “enough and as good” left for others, as though man lived amidst natural plenty, while on the other hand the account of the progressive rise in value consequent to enclosure (and the post hoc justification for property rights that it implies) describes natural scarcity. Holding that “a man may deliberately contradict himself in order to indicate his thought rather than to reveal it,” Strauss takes Locke's “revolutionary” teaching about “‘dynamic’ property” to indicate his true intention:


1959 ◽  
Vol 79 ◽  
pp. 80-93 ◽  
Author(s):  
P. G. Mason

Three reasons in particular have suggested the choice of Kassandra as the subject of this paper; though they may well be excuses rather than reasons, for I confess that she intrigues me. Firstly, her story is an interesting example of the development of a ‘character’ of Greek literature whose name has become a by-word in later times. Secondly, she affords an excellent chance of studying two very differently gifted dramatic artists at work on the same material; and thirdly, she illustratesvery prettily the difficulties and dangers, as well as the advantages, of a very useful modern technique of literary criticism, a sort of mythical ‘Formgeschichte’, the study of the developing theme.Few artists indeed are free of indebtedness either to contemporary artistic influences or to their predecessors in the same field, and this is especially true where the ‘classical concept’ is active—that is, where the subject of art tends to be a traditional one endlessly varied and developed by succeeding generations; any theme of renaissance painting will serve as illustration. So it is that the study of the development of the theme of Hamlet, for example, enables the critic to estimate more justly than before the originality of Shakespeare and the true intention of his play. But this kind of criticism is still an art and not a science, if I may use the conventional but really inaccurate distinction to which we are accustomed; for it is inevitably to some extent subjective and even ‘viciously circular’ in method. Too much should not be claimed for it, not only because the artist is subject to many influences which are not likely to be preserved in a literary tradition, however copious, but also because caprice, personal likings or animosities and the chances of daily life, to say nothing of genius itself, disturb the processes of logical analysis and scholarly evaluation of detail. Moreover, in the study of drama, it is fatally easy to argue in a circle and to prove from an author's treatment of his theme that he has in fact been subject to influences which have determined the treatment from which the influences have been deduced; almost as fatally easy as to decide that this or that speech is what the author really believes or wants to say, the poet speaking through the character. Euripides in particular has suffered from this kind of treatment, and it is hard to see how to avoid the pitfall—but all the same, there is something to be learnt from a study of his use of myth, particularly if he is credited with being what he really is—a playwright.


1969 ◽  
pp. 499
Author(s):  
Tom F. Mayson

The main objective of the court when attempting to interpret a written agreement is to give effect to the true intention of the parties to that agreement. To do this, the court first looks to the words compiling the agreement to attempt to give a fair and plain meaning to it. However, when the agreement after considering the plain and ordinary meaning of the words therein is still not clear, tire court may feel Justified in using extrinsic evidence, such as the circumstances surrounding the parties when coming to the agreement, to find and give effect to their true intentions. The use of extrinsic evidence to interpret a written agreement must be limited to situations where the intentions of the parties are unclear after looking at the written agreement on its own. Various rules and principles complicate this basic underlying statement. They exist to ensure the court does not simply transpose its "view” of what is fair and reasonable in lieu of contractual interpretation. This article attempts to outline these various rules and principles as they exist in the law of extrinsic evidence when interpreting contracts in Alberta.


2020 ◽  
Vol 77 (3) ◽  
pp. 323-334
Author(s):  
Wonho Jung

Calvin formulates an ethical framework in which the idea of natural law is interwoven with divine command ethics in a way that leads to a new awareness of the unique relationship between God’s authority and human autonomy with regards to morality. For Calvin, God’s creational order is the ultimate source of natural law and the natural moral order perceived by natural reason still provides true sources for human morality. He does not underestimate, however, the noetic effect of sin on natural reason. In fact, Calvin takes seriously the epistemological limitation of the created but fallen natural reason with regard to understanding the true intention of creational moral order in its full scope and meaning. So, he argues that the scriptural revelation does not just complement natural morality, but it redeems it. His view thus successfully rules out extreme views of both natural law and divine command ethics that render morality either utterly autonomous or rigidly heteronomous. For Calvin, God’s authority in morality and the natural moral order are reconciled because the heteronomy of revealed laws and the autonomy of natural law are reintegrated in redeemed reason. In this view, humans can acknowledge the God-commanded biblical moral law by their natural reason because the biblical moral law is a written manifestation of natural law. The regenerate can wholly acknowledge it through the renewal of their natural reason while the unregenerate can partly acknowledge it through common grace of God that preserves functionality of natural reason in fallen humanity to a certain degree.


2014 ◽  
Vol 48 (2) ◽  
Author(s):  
Francois P. Viljoen

Though, in the Sermon on the Mount, Jesus explicitly states that he did not come to abolish the Law (Mt 5:17–19), in the narrative that follows directly after this Sermon, he apparently neglects purity laws by healing a leper (Mt 8:1–3). As an impure person, the leper was not supposed to come close to Jesus, but Jesus sympathetically reaches out and touches him. Furthermore, no mention is made of Jesus undergoing any purification rites after coming into contact with this man. Once the leper is healed, Jesus instructs him to perform only the third phase of the prescribed purification rite for lepers. Jesus is thus described as having the power and authority to heal the person and to declare him healed. What remains for the leper is to show himself to the priest and to bring the appropriate sacrifice, so that he could be accepted into the society again. In this article it is argued that Jesus, as the Holy One and miracle Healer, is not defiled by coming into contact with the leper. Purity flows from Jesus to heal the leper. As a teacher of the Law, Jesus enacts the true intention of the Law, which is to establish a holy community of believers within the Kingdom of heaven. This healing action forms a step towards the coming of the Kingdom of heaven. Thus, the purity laws find their fulfilment in Jesus. As result of this action, cultic purity transforms into a moral activity for the followers of Jesus.Hoewel Jesus in die Bergrede eksplisiet noem dat Hy nie gekom het om die Wet ongeldig te maak nie (Matt 5:15–19), lyk dit asof Hy, in die vertelling wat direk op die Rede volg, die reinheidswette oortree het deur die manier waarop Hy ’n melaatse genees (Matt 8:1–3). As ’n onrein persoon was die melaatste nie veronderstel om naby Jesus te kom nie, maar Jesus het simpatiek na hom toe uitgereik en hom aangeraak. Hierbenewens word geen melding daarvan gemaak dat Jesus enige reinigingsrituele ondergaan het nadat hy in kontak met hierdie man was nie. Nadat die melaatse genees is, beveel Jesus hom om slegs die derde fase van die voorgeskrewe reinigingsrituele vir melaatses uit te voer. Jesus word sodoende beskryf as iemand wat die mag en gesag het om ’n persoon te genees en gesond te verklaar. Wat oorbly, is dat die melaatse homself aan die priester moet gaan wys en die gepaste offer bring, sodat hy weer in die gemeenskap opgeneem kan word. Hierdie artikel argumenteer dat Jesus, as heilige persoon en wondergeneser, nie onrein word wanneer Hy in kontak met die melaatse kom nie. Reinheid vloei vanaf Jesus oor na die melaatse. As leraar van die Wet beoefen Jesus die ware bedoeling van die Wet, wat ten doel het om die heilige gemeenskap van gelowiges in die Koninkryk van die hemel te vestig. Hierdie genesingsaksie is nog ’n tree in die koms van die Koninkryk van die hemel. Sodoende vind die reinheidswette hulle vervulling in Jesus. As gevolg hiervan verander kultiese reinheid na morele optrede vir die navolgers van Jesus.


2020 ◽  
Vol 37 ◽  
pp. 117-131
Author(s):  
Sarah Runyon

This article is a sequel to Correctional Afterthought, in which the author argued that Gladue’s promise of reducing Indigenous over-incarceration by employing non-custodial measures has been thwarted. By insisting on alternatives to incarceration, the justice system is forced to rely on administrative court orders managed by provincial probation services. The judiciary and justice system participants possess a misplaced faith in the probationary regime, which functions as a repressive system of control that necessarily views the Indigenous accused as a risk that must be managed. The most common probation conditions, far from fostering reintegration, serve to erode individual autonomy, engender mistrust, alienation, resentment, and resistance; in the end creating disunity and discord.  The aim of Effectuating Change is to offer a sound proposal for legislative reform and in the interim, practical sentencing solutions to deliver the true intention of Gladue and its offspring. Regardless of whether the proposals in this article are vigorously critiqued, supported, denounced or modified the hope is that they create a springboard for creative solutions to the problems identified in Correctional Afterthought.


Sign in / Sign up

Export Citation Format

Share Document