The author argues that the familiar distinction between interpretive and non-interpretive theories of constitutional interpretation obscures another important distinction…
The author argues that the familiar distinction between interpretive and non-interpretive theories of constitutional interpretation obscures another important distinction: that between hermeneutically open and hermeneutically closed theories. Closed theories seek resolution to constitutional conflict by employing methods of interpretation that are intuitively persuasive. Open theories deny that such methods are always available, and seek resolution of conflict through a combination of legal, political, and social means. The author argues that closed theories have failed to live up to their implicit promise of self-justification, and examines the practice of constitutional interpretation in Canada and Australia to support this view.
National parks are selected as places of national importance, with national meaning. At the same time, the political process that shapes park management is often a local…
National parks are selected as places of national importance, with national meaning. At the same time, the political process that shapes park management is often a local one. This biases park interpretation away from national concerns and toward local ones. The National Park Service's corporate interests and decision-making processes often reinforce the role of local interests except in the rare cases of congressional intervention. A close look at the political environment of Fort Davis National Historic Site, Texas, illustrates these points. Congress mandated the site to interpret westward expansion and its impact on American Indians. It became instead a program of park interpretation based on westward expansion and the role of African-American “Buffalo Soldiers” within it. As a result, Indians have effectively been written out of the story of this “Indian fort.” Interestingly, Native American issues reappear in commercial establishments, both the gift shop in the park and businesses in the town of Fort Davis outside the park. If businesses perceive a demand for information about Native Americans among tourists, presumably there is a similar, unmet demand among the same tourists as they visit the historic site. Given the role of local concerns in park interpretation, national intervention will probably be necessary to provide political support for reinterpreting the site.
Despite the extensive research on the determinants and consequences of firm growth, research focusing on how the actual process unfolds is still evolving. An important…
Despite the extensive research on the determinants and consequences of firm growth, research focusing on how the actual process unfolds is still evolving. An important part of firm growth process research is entrepreneurial cognition. The purpose of this chapter is to explore the relationship between entrepreneurial cognition and firm growth intentions. Specifically, we propose a theoretical model of entrepreneurial cognitive interpretation and categorization of market information as it relates to firm growth intentions. Drawing from the strategic cognition literature in general and strategic issue interpretation literature in particular, we propose that entrepreneurs’ interpretation of market information as opportunity or threat, gain or loss, and controllable or uncontrollable influences their firm growth intentions. Furthermore, our theoretical model discusses the condition under which favorable interpretation of market information leads to higher growth intentions by incorporating insights from the Entrepreneurial Orientation (EO) construct. This chapter extends our understanding of firm growth processes by highlighting the important role cognitive interpretation and categorization play in facilitating or hindering entrepreneurial firm growth.
Chapter 1 is entitled “Normative Scripture – Christian and American.” Here Pelikan considers the normative status of the two documents. Though their texts were “originally…
Chapter 1 is entitled “Normative Scripture – Christian and American.” Here Pelikan considers the normative status of the two documents. Though their texts were “originally composed under very specific circumstances,” illumined by later scholarship, they have been “adopted by a community as its normative Great Code…occupying a position that in some profound sense stands beyond its own history” (pp. 4–5).That normative status is based on the assumption that it can be applied to any and all of the radically changed situations of later times, many of which the writers who originally framed it could not themselves conceivable have foreseen…. Therefore its words and phrases have for centuries called forth meticulous and sophisticated – and sometimes painfully convoluted – interpretation, as well as continual reinterpretation.…a massive corpus of authoritative, if often controversial, commentary. (p. 5)
In this chapter, the author offers a horizontal comparison of interpretation standards contained in international legal instruments of different origin. These legal…
In this chapter, the author offers a horizontal comparison of interpretation standards contained in international legal instruments of different origin. These legal instruments range from international treaties to model laws. They also originate from different law makers such as the United Nations or individual states as well as trade or academic organisations, mainly regulating civil and commercial matters. The author argues that this comparison can provide the basis for the development of a uniform standard in the application of such law, which is often referred to as uniform law because it provides a single source of law to regulate a multitude of situations spanning across national boundaries. The main point of reference is the 1969 Vienna Convention on the Law of Treaties, also known as the VCLT. This UN treaty specifically provides a general interpretation standard. From there newer standards occurring in subsequent uniform laws can be integrated using the lex specialis doctrine. This, in turn, provides opportunities for comprehensive usable methods to be developed for uniform law both in a public and private law settings. These then facilitate transparency, fairness and reasonableness. The correct identification of object and purposes of any given instrument is crucial for the successful interpretation of its content. It is this point that needs further research, and this chapter offers a starting point by providing some detailed examples from a range of uniform laws of varying nature including international sales laws, arbitration laws and Double Taxation Conventions.
The purpose of this paper is to examine the effect of the interpretation strategy of cultural mixing on consumers’ evaluations of global brands that incorporate local…
The purpose of this paper is to examine the effect of the interpretation strategy of cultural mixing on consumers’ evaluations of global brands that incorporate local cultural elements. Specifically, this paper examines whether a property interpretation and a relational interpretation have different influences on consumers’ evaluations of global brands that incorporate local cultural elements.
Two experiments were conducted as part of this research. Experiment 1 adopted a two (interpretation strategy: property interpretation vs relational interpretation) single-factor between-subjects design. Experiment 2 adopted a 2 (interpretation strategy: property interpretation vs relational interpretation) × 2 (polyculturalist beliefs: high vs low) between-subjects design. The data were analyzed using ANOVA and PROCESS 213.
A property interpretation (emphasizing that some features of a global brand transfer to local cultural elements) leads to a less favorable evaluation of global brands that incorporate local cultural elements than a relational interpretation (emphasizing a relation between global brands and local cultural elements). This effect is fully mediated by perceived cultural intrusion, and it exists only when consumers have a low level of polyculturalist beliefs.
This paper reveals that the phenomenon of cultural mixing occurs when global brands incorporate local cultural elements. In addition, the way that consumers perceive the relationship between global brands and local cultural elements will determine their reactions to global brands that incorporate local cultural elements.
The purpose of this paper is to investige the general computing mechanisms of solving the system information problems of interpretation and its fundamental limitations…
The purpose of this paper is to investige the general computing mechanisms of solving the system information problems of interpretation and its fundamental limitations, due to physical basis Turing machine.
For creation of theoretical base of methodology, the authors make an attempt to demonstrate the possibility of a constructive building of Turing machine as meta-ontological basis of computing. In the course of this building the role of the operator of atomic implicative transition if-then as generic operator of recognition/decision-making is shown. In order to substantiate the thesis about the determinative role of implicative transition in the interpretation mechanisms, the authors will carry out the comparative analysis methods of interpretation in systems of pattern recognition and expert systems interpretation type.
The carried-out analysis allows to formulate a common mechanism underlying the classical methods of solving problems of interpretation and to concretize the fundamental limitations of these methods, caused computational basis of their actualization. The cybernetic interpretation of this mechanism is offered.
The fundamental limitations of classical methods of solving problems of interpretation sets the boundaries of the cybernetic approach and allows to outline a way out beyond it. In this context, the authors put forward knowledge-based mechanism of perceptual modeling of dynamics of system visual environment – autonomous agent.
The purpose of this article is to compare the methods of interpretation and gap filling in the United Nations Sales Convention (CISG) and in the Draft Common European…
The purpose of this article is to compare the methods of interpretation and gap filling in the United Nations Sales Convention (CISG) and in the Draft Common European Sales Law (CESL). In particular, it aims to examine whether the established interpretation and gap filling method of the CISG can and should be used for the CESL.
The article looks at the method by which international case law and doctrine interpret the CISG and fill its gaps. The article compares this method with the method that is provided for in the CESL instrument but has to be implemented.
It is suggested that despite its nature as European community law, CESL should be interpreted in a broad international way since it does not only cover internal EU sales, but also transactions involving parties from outside the EU. For this reason its interpretation and gap filling should follow the method of the CISG so as to interpret similar provisions in a similar way in order to harmonize law within and outside the EU.
Both the CISG and CESL intend to unify legal traditions or different legal systems; the CISG tries to harmonize globally what CESL tries to harmonize regionally. It is important that these two instruments complement one another by the avoidance of divergent interpretations of similar provisions. It would helpful for further research to assess whether and how two decades of experience with the CISG can be used in the interpretation and application of CESL.
CESL's interpretation provision, if it is enacted, is unlikely to change from the current version. The way CESL is interpreted and how its gaps filled will determine its practical significance as a viable opt‐in national law. It is therefore necessary to develop in advance the right interpretive methodology if CESL is to become a meaningful alternative instrument.
The article suggests that the CESL should not be interpreted in the traditional way European community law is interpreted, but, instead, be interpreted under a broad international perspective. It also advances the idea of interconventional interpretation by which the CISG would guide the interpretation of similar provisions found in CESL.
Methodological pluralism in consumer research is usually confinedto post‐positivist interpretive approaches. Argues, however, that apositivistic stance, radical…
Methodological pluralism in consumer research is usually confined to post‐positivist interpretive approaches. Argues, however, that a positivistic stance, radical behaviourism, can enrich epistemological debate among researchers with the recognition of radical behaviourism′s ultimate reliance on interpretation as well as science. Although radical behaviourist explanation was initially founded on Machian positivism, its account of complex social behaviours such as purchase and consumption is necessarily interpretive, inviting comparison with the hermeneutical approaches currently emerging in consumer research. Radical behaviourist interpretation attributes meaning to behaviour by identifying its environmental determinants, especially the learning history of the individual in relation to the consequences similar prior behaviour has effected. The nature of such interpretation is demonstrated for purchase and consumption responses by means of a critique of radical behaviourism as applied to complex human activity. In the process, develops and applies a framework for radical behaviourist interpretation of purchase and consumption to four operant equifinality classes of consumer behaviour: accomplishment, pleasure, accumulation and maintenance. Some epistemological implications of this framework, the behavioural perspective model (BPM) of purchase and consumption, are discussed in the context of the relativity and incommensurability of research paradigms. Finally, evaluates the interpretive approach, particularly in terms of its relevance to the nature and understanding of managerial marketing.
Section 80A(c)(ii) of the Income Tax Act 58 of 1962, as amended (the Act), introduced a new concept to the South African income tax environment: misuse or abuse of the…
Section 80A(c)(ii) of the Income Tax Act 58 of 1962, as amended (the Act), introduced a new concept to the South African income tax environment: misuse or abuse of the provisions of the Act, including Part IIA thereof. According to the Revised Proposals on Tax Avoidance and section 103 of the Income Tax Act 58 of 1962 (Revised Proposals) the rationale behind the insertion of section 80A(c)(ii) was to reinforce the modern approach to the interpretation of tax statutes “in order to find the meaning that harmonizes the wording, object, spirit and purpose of the provisions of the Income Tax Act”. The objective of this article is to examine the rationale behind section 80A(c)(ii) of the Act.