Recognizing I’ll never have time to put in
finished prose or verse all the things I’d like to explore, I’m starting some
strings of thoughts unfinished as of the dates entered below. I’d enjoy hearing others’ responses to any of
the strings.
Categories
1/1/18 Since categories “hold” ideas, the
metaphor of categories as containers or boxes easily suggests itself. Boxes,
however, segregate and their sides and lids conceal.* Since experience is often
interconnected and viewable, the box metaphor therefore falters. Looking elsewhere, webs and nets also hold. Unlike
boxes, however, webs hang onto and flex with the world. Unlike boxes, nets and
webs “hold” things without lids and sides that cut off and conceal. Thus, from various threads at various lengths,
spinners and others can look in or out of webs from various angles that
ordinary containers or boxes would obscure. Unlike boxes, webs come from within
those that spin them: the spider’s silk and the human’s thought. This reminds us that categories come from us
and not from nature. Signifiers also suggest this metaphor of webs. “Text” is woven from the Latin “texere” (to
weave). When constructing categories, shouldn’t we therefore default to webs? Physics of course has no monopoly on strings.
*Were a fully-transparent (i.e., invisible) box imaginable, how could we sort with what we couldn’t see?
*Were a fully-transparent (i.e., invisible) box imaginable, how could we sort with what we couldn’t see?
Dogs
1/1/18 It irritates me that we still debate whether dogs are
capable of complex, intentional thought. Dogs can no doubt interpret all
three types of signifiers involved in complex, intentional thought: symbols
(arbitrary signifiers such as "sit"), icons (resembling signifiers
such as a smaller bone that recalls a larger one around the corner), &
indexes (participating signifiers such as the leash that always participates in
and thus indicates a walk). Enough said.
Hermeneutics
5/19/18
Though eye must squint, eye must explore the bird
Hermeneutics
5/19/18
To Gadamer
Who plays at the horizon of the word,
Whose far tints flash, far notes lag as it hops
Beyond and back from where the language stops.
Legislative
Intent
1/30/18 Legislative
“intent” lies in legislatures’ speech
acts and not legislators’ speech acts. That is, legislative “intent” is the speaker
meaning of legislatures not legislators—confusing the two is a category
mistake. For example, when the legislature adopts a rule requiring drivers to
drive on the right side of the road, the legislature has performed a directive
speech act adopting a rule to some end or purpose (such as changing driving
patterns to enhance road safety). When
the legislature censures someone, it has performed an expressive speech act
condemning someone for some end or purpose (such as discouraging future bad
behavior on the part of public officials).
The different purposes (and the plans involved in such purposes) distinguish
the different types of speech acts. Recognizing this distinction between legislature and legislator speech acts avoids pseudo-quandaries such as “How can we
ever aggregate the subjective intent of countless legislators to determine
legislative intent?” or “How do we include the intent of a legislator who votes
for a bill for unrelated reasons?” Instead, we ask: “What is the objective bill
or proposal (and the concomitant purpose or plan or both) properly adopted by
the legislature?” We also ask: “What are
the objective concepts involved?” while acknowledging such concepts can have
yet-to-be explored threads and extensions.
1/30/18 A legislature
typically speaks best when it adopts a bill or other proposal (and any
concomitant purpose or plan) after reasonable debate by legislators. Although individual legislators’ speaker meaning in such debates can be highly relevant
evidence of the legislature’s speaker
meaning, legislators’ speech acts are
not legislatures’ speech acts.
2/7/18 A legislative bill or other proposal isn’t simply
a string of words on a page. Instead, a legislative bill or other proposal involves
concepts (the signified) to which words (the signifiers) refer with varying
degrees of precision. Legislators debate
the concepts signified and the signifiers as signifying such concepts. Justice Scalia therefore oversimplifies how
language works when he claims that “the only thing one can say for sure was
agreed to by both houses and the President (on signing the bill) is the text of
the statute.” (Reading Law, p. 376) Justice Scalia oversimplifies here
because any such text was adopted as part of a greater whole, as signifiers of
concepts involved in the bill. For example,
a statute reading “All cars must drive on the write side of interstate roads”
adopted by both houses of Congress and signed by the President no doubt likely
means “All cars must drive on the right
side of interstate roads.” It’s hard to believe that both houses and the
President agreed on “write side” instead of “right side” of the road. I at
least cannot “say for sure” that they did. Justice Scalia concedes the same by
acknowledging what he considers “the rare case of an obvious scrivener’s
error.” (Reading Law, p. 57) In the real world, of course, obvious
scrivener’s errors are hardly rare.
Speaker
Meaning
1/21/18 “Original” speaker meaning includes the
unexplored. Imagine I buy a netted
device I categorize as “my hammock” before I unbox and see it. On the next day, I unbox “my hammock,” count
its strings, and note their makeup and weave. On the third day, I tie “my
hammock” between two trees. I broadly gauge
its new shape when tied into the world. On the fourth day, I refine “my hammock’s”
new shape: it contradictorily resembles
both a canoe and a crescent moon. On the fifth day, I wonder whether “my hammock”
now qualifies as a bed and tentatively conclude that it does. On the sixth day,
I lie down in “my hammock” and see interesting new views from its vantage
point. On the seventh day, I rest with no hammock thoughts in my head. The “original” meaning of “my hammock” thus
casts a wide and variable net not captured from day one. Instead, day by day
through day six, I have obtained fuller and fuller understandings of “my
hammock” including how it intersects with (and provides vantage points to) the
world to which it is tied. Thus, any “original
concept” signified by “my hammock” is
larger than any “original conception”
(or first-day conception) of something
boxed and unseen, is larger than any second-day conception adding counted strings, their makeup, and their weave, is
larger than any third-day conception
of the hammock as tied, and so on. Furthermore,
for those seeking speaker meaning, any “original concept” and any preceding daily conceptions don’t sleep the seventh day.
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