rss_2.0Philosophy FeedSciendo RSS Feed for Philosophy Feed School Learning Outcomes: Legal English Course Contribution<abstract> <title style='display:none'>Abstract</title> <p>Standards of professional legal education are developed by different organizations: in some countries these are governmental bodies, in others these are professional associations. Apart from a country these standards include Learning Outcomes which shape law schools’ curricula. Both American and European standards mention, to different extent, written and oral communication in the legal context, but a number and contents of subjects directed at developing and mastering professional communicative competency differ a lot. There are disciplines totally devoted to the competency named (e.g. legal writing) as well as courses in which communicative skills are an integral constituent for their successful completion (e.g. basis of negotiations/mediation/client consultation).</p> <p>The article goal is to find a place and role of a Legal English (LE) course in achieving learning outcomes connected with professional communicative competence. The methodology incorporated desk and field studies. The literature review is aimed at identifying current state of affairs in American law schools, as they provide first-class legal education recognized all over the world, and in Russian law schools, as the author works in this system and is interested in its development. A questionnaire was designed to explore Russian law school graduates’ assessment of practicality of subjects they had studied for their professional activities.</p> <p>The analysis of literature and Internet sources allowed to specify the ways of teaching written and oral communication in American law schools and to highlight the situation in Russian legal education. It shows that the Russian system is characterized by predominance of teaching theory of substantive and procedural rules of law and lack of curriculum disciplines aimed at cultivating skills and competencies.</p> <p>A survey of Russian law schools’ recent graduates indicates that most of communicative, in a broad sense, skills, which they use in their everyday work, were obtained within their LE classes. So, complementing a LE course with modules devoted to different aspects of legal writing and specific patterns of lawyer-client, lawyer-lawyer, lawyer-judge communication will definitely contribute to achieving learning outcomes which are put forward by legal education standards.</p> </abstract>ARTICLE2021-11-19T00:00:00.000+00:00How to Write (Science) Better. Simplified English Principles in a Skill-Oriented ESP Course<abstract> <title style='display:none'>Abstract</title> <p>Teaching writing to doctoral students or academics at a technical university is a challenging task. Because they need to publish their research findings in English to pursue academic careers, they are usually highly motivated and expect a lot of the class. Their language competences, however, very often lack enough proficiency and may contribute to manuscript rejection. The paper focuses on language issues based on the rules of controlled natural languages (CNLs) and guidelines of Plain English. It shows how employing these issues improves grammatical quality and readability of science-oriented written texts. The paper describes four principles: removing nominalisation and using the so-called strong verbs to make the message simpler and more direct; combining nouns in strings to express complex ideas economically; applying grammatical consistency for coordinate elements in sentences to make them less chaotic; and reducing wordiness to obtain a more precise and comprehensible piece of writing. Sample phrases and sentences from authentic student writing as well as their improved versions are provided to each of the guidelines so that a reader has a deeper insight into how the principles work in a specialist context. Because problems with, for example, research papers, grant proposals or reports are common to various disciplines and at various levels, the Author of the paper draws conclusions that these principles should be implemented not only in a technical but also legal, medical and business writing course offered by English teachers to both young researchers and experienced scientists.</p> </abstract>ARTICLE2021-11-19T00:00:00.000+00:00Comparative Conceptual Analysis in a Legal Translation Classroom: Where Do the Pitfalls Lie<abstract> <title style='display:none'>Abstract</title> <p>It is a well-acknowledged fact in legal translation studies that when searching for terminological equivalents, translators should make use of comparative conceptual analysis (e.g. Sandrini 1996; Chromá 2014; Engberg 2015). Thus, legal translation trainees should be equipped with the necessary tools to carry out such analysis, but the question remains: are they? This paper is a follow-up to a study published in 2017 (Klabal, Knap-Dlouhá and Kubánek 2017), where modified think aloud protocols were used to explore the following research question: to what degree are university students doing a course in legal and economic translation able to apply the methods of comparative conceptual analysis to translation of terms not accounted for sufficiently in legal dictionaries or terms with no straightforward equivalents. The results showed that major issues involve non-linearity of the analysis carried out and insufficient use of the resources available. The present study involves a different group of 29 BA students of the same course two years later, who were assigned the same task. As the retrospective protocols fail to simulate real-life conditions, this study uses screen recording and keystroke logging to track the processes leading to the identification of the conceptual equivalent in a more detailed and less subject-dependent manner. The results suggest that the steps most challenging for students include identification of relevant (essential) features defining the source and target language concepts, comparison of these features and selection, or creation, of an equivalent term reflecting the results of the analysis. Students also frequently show Google-driven searching, which influences the order of the steps performed in their analyses and the sources used. To address these challenges, translation training should include a range of tailor-made exercises focusing on the critical steps of the analysis as well as on improving web searching skills.</p> </abstract>ARTICLE2021-11-19T00:00:00.000+00:00Who is Right, Who is Wrong? Interpreting 14 Points of Wilson – A Case Study of Deontic Modals and their Meanings<abstract> <title style='display:none'>Abstract</title> <p>The document titled “14 points of Wilson” was announced by the President of the United States Woodrow Wilson in his speech addressed to the United States Congress on 8<sup>th</sup> January 1918. The speech is one of the most well known documents of the First World War as it touched upon several world issues. The text has been interpreted ever since in respect to the importance and real meaning of points formulated by Wilson. One of the points referred to Poland. The aim of the paper is to focus on the exponents of deontic modality used in that text of historical value and to find the answer to the question concerning the deontic value of each point. The analysis will encompass the principles of deontic logic as well as the meaning of deontic modals in legal discourse at the time of speech delivery as those 14 points should be classified as a text belonging to legal genres. The aim of the paper is to present the historical background and the linguistic analysis in order to find out whether historical facts, interpretations and language used correspond with one another.</p> </abstract>ARTICLE2021-11-19T00:00:00.000+00:00Quantitative Distribution of Verbal Structures with Reference to the Authorship Factor in Legal Stylistics<abstract> <title style='display:none'>Abstract</title> <p>The paper aims at describing the findings and conclusions formulated in the analysis of the authorship factor in legal discourse. It is hypothesised that verbal structures show systemically varied distribution across legal discourse and the relevant distinctions run through the authorship categories. When it comes to the aim of the research it draws on the tradition of sociolinguistic methodology targeting issues related to language variation which follows the basic assumptions of functional grammar. From the point of view of the material covered by the analysis it contributes to the research on legal discourse and specifically on its specialised domain referred to as corporate, company or business discourse. It provides additional empirical data pointing to the non-homogeneity of the legal style and formal distinctions originating from rich contextual background. The study is conducted on the material of a custom-designed corpus of English legal texts, classified as secondary genres.</p> <p>Methodologically, the study makes use of the tenets of supervised search of digitalised corpora and automatic data extraction based on discrete units, subsequent identification of recurring longer contiguous and/or non-contiguous sequences, if any, built around the axis of specific verbal structures and finally qualitative comparative analysis (characterisation) of the material. The discussion presents sample data and focuses on the most salient categories, both quantitatively and qualitatively. The inductive approach confirms the formal divergencies in the communicative situation covered by the analysis.</p> <p>The findings encapsulate patterns and tendencies in the quantitative distribution of verbal structures depending on the authorship category. It may be concluded that authorship is a factor delineating distinctions as regards (i) the repertoire of grammatical instruments exploited (verbal structures), which contributes to the specific stylistic profile of given authors. This shows that the thesis posed is verified positively and the study shows further, more detailed distinctions running through groups of subcategories distinguished within the authorship categories specified upon the start of the research.</p> </abstract>ARTICLE2021-11-19T00:00:00.000+00:00Translating Prepositions from Russian Legal Texts Into English: An Analysis of the Corresponding Interference Zones for Teaching Purposes<abstract> <title style='display:none'>Abstract</title> <p>Various aspects of prepositions translation have been primarily investigated in the framework of translation theory. Applied research is mostly focused on translating particular groups of prepositions against the background of plain language. Legal translation researchers have not yet comprehensively analysed peculiarities of translating Russian prepositions used in legal texts into English. The paper is an attempt to investigate the difficulties which Russian learners can encounter when translating prepositions from Russian commercial contracts into English. Methods employed include language typology comparison, continuous sampling technique, language corpus data analysis as applied to language error forecast and prevention. The material selected for analysis – Russian commercial contracts – is chosen in accordance with the principles of professionalism, globalization, specialisation as well as graduates’ employment opportunities. The author develops a classification of prepositions drawing upon their structural, grammar and semantic functions in the texts of Russian commercial contracts. The findings reveal negative interference zones that can potentially cause preposition errors. Feasibility of the forecast is confirmed by the analysis of real learners’ errors. The research concludes that modelling legal translation teaching which takes into account potential interference zones for students can contribute to shifting focus to problem zones while teaching, raising students’ awareness, and therefore acting as propedeutics of the corresponding errors.</p> </abstract>ARTICLE2021-11-19T00:00:00.000+00:00An Instructional Framework for Technology-Based Classroom Tuition of ELP Students<abstract> <title style='display:none'>Abstract</title> <p>In modern ELP teaching practices online media products are commonly used as resources of educational content. Although the idea that ICT has brought classrooms in our pockets is generally perceived as a positive trend, the overview of recent inquiries into the use of technology in education has revealed a number of contradictory findings connected with multimedia learning. On the one hand, a multiplicity of strengths of online environments such as YouTube channels, Apps, podcasts, etc. is highlighted in the studies exploring the potential of multimedia applications for language learning. On the other hand, there is a significant number of studies which demonstrate opposite observations resulting from the research of the effects of the medium (printed and technology-based) on learning outcomes: some authors argue that students overwhelmingly prefer print over electronic formats for learning purposes, others infer that multiple factors affect learners’ actual behaviors and there is no solid evidence proving the priority of one over the other.</p> <p>Cognitive psychologists are more precise in this point: looking into how people process information they affirm that to be effective instructional framework should not ignore human cognitive architecture. Drawing upon recent studies in the field of designing educational media with regard of cognitive, behavioral, and attitudinal aspects of learning the exploratory study reported in this paper attempts to bridge the cognitive and educational theories to specify the framework of technology-based classes for ELP students. Through three courses of in-depth structured interviews with 58 Russian undergraduate law students doing an ELP course in Saratov State Law Academy, Russia, particular focus was placed on an individual learner’s (1) information coding style, (2) information processing style and (3) reading style. The results of the research suggest some ideas on developing an instructional framework for ELP technology-based classroom tuition taking considering the principles of cognitive teaching.</p> </abstract>ARTICLE2021-11-19T00:00:00.000+00:00Comparative Law and Language with Reference to Case Law<abstract> <title style='display:none'>Abstract</title> <p>Comparative law is necessary in the modern era in which legal systems absorb ideas and elements from other legal systems and customary legal classifications are altered. Comparative law is closely intertwined with language because the research of different legal systems presupposes the study of legal texts written in different languages. Even if translation exists, a totally crucial issue arises: can the legal essence of the case law of a country be interpreted appropriately in any language but the original?</p> <p>The link between law and language constitutes an absolutely essential relation, since language – through translation – is often the only way of accessing foreign law of foreign countries with different languages. So, the aforementioned relationship as well as its results in case law will be the main topic of this article.</p> <p>First of all, the use of language is of outmost importance to any legal system, as it serves as the means of enforcing written legal rules and contributes to their dissemination, codification and evolution. Both law and language are cultural phenomena and this is why they must be studied taking into account the temporal and social circumstances. Living in the era of multicultural societies and immigration, the need of not just translating but rather transferring the legal essence of the jurisprudence among the different countries with different cultures give prominence to the essential link between comparative law and language systems.</p> <p>Studying case law is regarded as a possibility to redirect judges and lawyers’ attention to the fact that the interpretation of the legal judgement is the cornerstone of a whole legal system of another country. The dynamic relationship of law and language dictates the result of the translation and interpretation of the case law of a specific country in relation to the case law of another country. Thus, comparative law comes out to serve as the guardian of the legal essence in order to transfer the legal point of the judge among different societies with different languages.</p> </abstract>ARTICLE2021-11-19T00:00:00.000+00:00On Language Adequacy<abstract><title style='display:none'>Abstract</title><p> The paper concentrates on the problem of adequate reflection of fragments of reality via expressions of language and inter-subjective knowledge about these fragments, called here, in brief, language adequacy. This problem is formulated in several aspects, the most general one being: the compatibility of the language syntax with its bi-level semantics: intensional and extensional. In this paper, various aspects of language adequacy find their logical explication on the ground of the formal-logical theory of syntax T of any categorial language L generated by the so-called classical categorial grammar, and also on the ground of its extension to the bi-level, intensional and ex- tensional semantic-pragmatic theory ST for L. In T, according to the token- type distinction of Ch. S. Peirce, L is characterized first as a language of wellformed expression-tokens (wfe-tokens) - material, concrete objects - and then as a language of wfe-types - abstract objects, classes of wfe-tokens. In ST the semantic-pragmatic notions of meaning and interpretation for wfe-types of L of intensional semantics and the notion of denotation of extensional seman- tics for wfe-types and constituents of knowledge are formalized. These notions allow formulating a postulate (an axiom of categorial adequacy) from which follow all the most important conditions of the language adequacy, including the above, and a structural one connected with three principles of compositionality.</p></abstract>ARTICLE2015-04-10T00:00:00.000+00:00Metaphoric Confinement of Information<abstract><title style='display:none'>Abstract</title><p> The aim of the paper is to determine how metaphors tackle the probable nature of information and uncertainty in the structure of the communication process. Since the cognitive theory of conceptual metaphors holds that metaphoric thinking and doing are unavoidable, they are employed often in explaining the communicating domains. The metaphorical conceptualizing is recognized in Shannon and Weaver’s Mathematical Theory of Communication where such abstract concepts as freedom of choice, choosing probabilities (possibilities), and uncertainty ware conceived in that way. It is described in accord with Reddy’s conduit metaphor and Ritchie’s toolmakers paradigm. In the paper the issue of both the advantages and disadvantages of metaphors is considered: mainly, how they can explain and predict ways in which people communicate their expectations or uncertainties as well as, more practically, how the probable/informational metaphors enable the management of knowledge in libraries or databases.</p></abstract>ARTICLE2015-04-10T00:00:00.000+00:00How Far we Can Go Without Looking Under the Skin: The Bounds of Cognitive Science<abstract><title style='display:none'>Abstract</title><p> The aim of this paper is to discuss the concept of distributed cognition (DCog) in the context of classic questions posed by mainstream cognitive science. We support our remarks by appealing to empirical evidence from the fields of cognitive science and ethnography. Particular attention is paid to the structure and functioning of a cognitive system, as well as its external representations. We analyze the problem of how far we can push the study of human cognition without taking into account what is underneath an individual’s skin. In light of our discussion, a distinction between DCog and the extended mind becomes important.</p></abstract>ARTICLE2015-04-10T00:00:00.000+00:00Extended Cognitive System and Epistemic Subject<abstract><title style='display:none'>Abstract</title><p> The concept of an extended cognitive system is central to contemporary studies of cognition. In the paper I analyze the place of the epistemic subject within the extended cognitive system. Is it extended as well? In answering this question I focus on the differences between the first and the second wave of arguments for the extended mind thesis. I argue that the position of Cognitive Integration represented by Richard Menary is much more intuitive and fruitful in analyses of cognition and knowledge than the early argument formulated by Andy Clark and David Chalmers. Cognitive Integration is compatible with virtue epistemology of John Greco’s agent reliabilism. The epistemic subject is constituted by its cognitive character composed of an integrated set of cognitive abilities and processes. Some of these processes are extended, they are a manipulation of external informational structures and, as such, they constitute epistemic practices. Epistemic practices are normative; to conduct them correctly the epistemic subject needs to obey epistemic norms embedded in the cultural context. The epistemic subject is not extended because of the casual coupling with external informational artifacts which extend his mind from inside the head and into the world. Rather, cognitive practices constitute the subject’s mind, they transform his cognitive abilities, and this is what makes the mind and epistemic subject “extended”.</p></abstract>ARTICLE2015-04-10T00:00:00.000+00:00The Default Mode Network and the Problem of Determining Intrinsic Mental Contents<abstract><title style='display:none'>Abstract</title><p> We provide a brief overview of the shift toward the intrinsic view of brain activity, describing in particular the structural and functional connectivity patterns of the “Default mode network” (part I). We then consider the Default mode network in a specifically cognitive setting and ask what changes the focus on the Default mode network and other sorts of intrinsic activity require from models put forward by cognitive neuroscientists (part II).</p></abstract>ARTICLE2015-04-10T00:00:00.000+00:00Evaluating Artificial Models of Cognition<abstract><title style='display:none'>Abstract</title><p> Artificial models of cognition serve different purposes, and their use determines the way they should be evaluated. There are also models that do not represent any particular biological agents, and there is controversy as to how they should be assessed. At the same time, modelers do evaluate such models as better or worse. There is also a widespread tendency to call for publicly available standards of replicability and benchmarking for such models. In this paper, I argue that proper evaluation of models does not depend on whether they target real biological agents or not; instead, the standards of evaluation depend on the use of models rather than on the reality of their targets. I discuss how models are validated depending on their use and argue that all-encompassing benchmarks for models may be well beyond reach.</p></abstract>ARTICLE2015-04-10T00:00:00.000+00:00On Accelerations in Science Driven by Daring Ideas: Good Messages from Fallibilistic Rationalism<abstract><title style='display:none'>Abstract</title><p> The first good message is to the effect that people possess reason as a source of intellectual insights, not available to the senses, as e.g. axioms of arithmetic. The awareness of this fact is called rationalism. Another good message is that reason can daringly quest for and gain new plausible insights. Those, if suitably checked and confirmed, can entail a revision of former results, also in mathematics, and - due to the greater efficiency of new ideas - accelerate science’s progress. The awareness that no insight is secured against revision, is called fallibilism.</p><p>This modern fallibilistic rationalism (Peirce, Popper, Gödel, etc. oppose the fundamentalism of the classical version (Plato, Descartes etc.), i.e. the belief in the attainability of inviolable truths of reason which would forever constitute the foundations of knowledge. Fallibilistic rationalism is based on the idea that any problem-solving consists in processing information. Its results vary with respect to informativeness and its reverse - certainty. It is up to science to look for highly informative solutions, in spite of their uncertainty, and then to make them more certain through testing against suitable evidence. To account for such cognitive processes, one resorts to the conceptual apparatus of logic, informatics, and cognitive science.</p></abstract>ARTICLE2015-04-10T00:00:00.000+00:00Explaining Cognitive Phenomena with Internal Representations: A Mechanistic Perspective<abstract><title style='display:none'>Abstract</title><p> Despite the fact that the notion of internal representation has - at least according to some - a fundamental role to play in the sciences of the mind, not only has its explanatory utility been under attack for a while now, but it also remains unclear what criteria should an explanation of a given cognitive phenomenon meet to count as a (truly, genuinely, nontrivially, etc.) representational explanation in the first place. The aim of this article is to propose a solution to this latter problem. I will assume that representational explanations should be construed as a form of mechanistic explanations and proceed by proposing a general sketch of a functional architecture of a representational cognitive mechanism. According to the view on offer here, representational mechanisms are mechanisms that meet four conditions: the structural resemblance condition, the action-guidance condition, the decouplability condition, and the error-detection condition.</p></abstract>ARTICLE2015-04-10T00:00:00.000+00:00Object-Oriented Programming and Representation of Objects<abstract><title style='display:none'>Abstract</title><p> In this paper, a lesson is drawn from the way class definitions are provided in object-oriented programming. The distinction is introduced between the visible structure given in a class definition and the hidden structure, and then possible connections are indicated between these two structures and the structure of an entity modeled by the class definition.</p></abstract>ARTICLE2015-04-10T00:00:00.000+00:00Syllogistic System for the Propagation of Parasites. The Case of Schistosomatidae (Trematoda: Digenea)<abstract><title style='display:none'>Abstract</title><p> In the paper, a new syllogistic system is built up. This system simulates a massive-parallel behavior in the propagation of collectives of parasites. In particular, this system simulates the behavior of collectives of trematode larvae (miracidia and cercariae).</p></abstract>ARTICLE2015-04-10T00:00:00.000+00:00Foreword – Cognitive Science: A New Science with a Considerable Tradition<abstract><title style='display:none'>Abstract</title><p> We ask which ideas of cognitive science have their roots in traditional logic, grammar and rhetoric.We also emphasize the presence of cognitive science in the pages of Studies in Logic, Grammar and Rhetoric since its very beginning.</p></abstract>ARTICLE2015-04-10T00:00:00.000+00:00Marital Success from the Perspective of Kozielecki’s Transgression Model<abstract><title style='display:none'>Abstract</title><p> Spouses exhibit two kinds of behaviours: protective and transgressive. Protective acts are those aiming to overcome current problems, leading to preserving some balance. Transgressive acts are deliberately overstepping everyday marital reality and doing new things in new ways. They lead to changing the relation with the hope of improving it, but also create the risk of deterioration. The more transgressive behaviours spouses exhibit, the more chances they have to get to know each other and experience the joy of being part of a union. Transgressive tendencies stem from a network personality structure and consist of five psychons: cognitive, instrumental, motivational, emotional, and personal. The success of a marriage is the effect of a specific form of transgressive behaviours in marriage exhibited by both spouses, which is recognizing difficulties as they appear, finding their sources, and taking steps together to overcome them.</p></abstract>ARTICLE2015-04-10T00:00:00.000+00:00en-us-1