Value Judgments Research Articles

From the ideal legislator to the competent speaker: uncovering the deception in legislative intent

ABSTRACT Central to the legal positivism of the nineteenth and the first half of the twentieth century was the dogma of the Ideal Legislator. Legal materials were to be interpreted as the work of an omniscient, coherent, consistent legislator. We argue that this dogma persists in the different guise of the competent speaker model, on which legal materials are the work of a competent speaker, who follows all the pertinent semantic and pragmatic rules. We will first lay out the Ideal Legislator dogma as applied in legal interpretation, arguing that this dogma does not limit interpretive discretion but rather amplifies it by hiding it under the veil of an inexistent, purely instrumental rationality. We will then turn to the competent speaker model, showing that, despite its apparent neutrality, it proves to be a reincarnation of the Ideal Legislator dogma, for it, too, amplifies interpretive discretion, only it hides it under the veil of an inexistent, purely linguistic rationality. Finally, we will inquire into the different types of rationality and their relations, arguing that there is always a choice and value judgment involved in ascribing rationality to legislators, and that these choices and judgments need to be carefully inspected and normatively justified.

Что бы ни случилось с киноопытом: от чувственных данных к опытности в истории эстетики

<p>The aesthetics of sensuality is rightfully considered an interdisciplinary field. One of the principles of such reasoning is the shift from the particular to the general, since sensuality is able to resist the 'majors' of rationality among topics (aesthetic judgment, art expertise). Even the most non-reductive approaches, standing apart from the Theories, emphasize the absence of common features that many aesthetic experiences would inherit. Whereas experience, along with observation, has a base that acts as an aid to academic texts. In the language of film criticism, there are seemingly intuitive, but productive notions: intonation, voice and atmosphere. Experienceness as a concept at the intersection of practical aesthetics and film theory makes it possible to find prerequisites for interest in sensuality in a cumulative sense in the history of aesthetics. Being an expression of a particle 'already', referring to both time and space, experienceness in the narrow sense (watchfullness) means a qualitative gap between the value judgment of the film and the depth of experience. While in a broad sense (namely experienceness ) It can be a reason to reconcile the axiology and phenomenology of the sensual side of cinematic experience.</p>

An Experimental Investigation into the Scope Assignment of Japanese and Chinese Quantifier-Negation Sentences

Quantifier-Negation sentences such as all teachers did not use Sandy’s car are known to allow an inverse scope interpretation in English. However, there is a lack of experimental evidence to determine whether this interpretation is allowed in equivalent sentences in Japanese and Chinese. To address this issue, this study conducted a sentence–picture matching truth value judgment experiment in both Japanese and Chinese. The data suggested that Japanese Quantifier-Negation sentences do allow inverse scope readings, which suggests that the subject may be interpreted within the scope of negation. In contrast, Chinese Quantifier-Negation sentences prohibit inverse scope readings, which is in accordance with the strong scope rigidity consistently observed in this language. This paper also discussed how to develop a valid experiment for investigating scope ambiguities.

Von Stadt, Land, Fluss zur Nachhaltigkeitskunde: (Irr-)Wege der Ausgestaltung des Fachwissens in den Berliner Geographielehrplänen der letzten drei Jahrzehnte

Abstract. Sustainable development is of equal concern to Geography as an academic discipline and Geography Education. Given Geography's explicit conceptual and thematic affinity to sustainable development, various professional organizations developed normative documents proclaiming Geography to the main carrier subject of Education for Sustainable Development (ESD). The aim of this paper is to explore what effects the special proximity of school Geography to the promotion of ESD has on the design of geographical specialist knowledge. Lower secondary Geography curricula (1992–2022) of the federal state of Berlin served as sample for content analysis. Viewed in light of work from the History of Education, Sociology of Education, and Subject Education, the results show a progressive loss of disciplinary identity accompanied by a concurrent shift in focus from factual judgments to value judgments.

Book studies in Poland between 1945 and 2015: The sources of theoretical inspiration

The aim of the paper is to picture a retrospective panorama of the theoretical legacy of post-war Polish book studies. Of key importance to the author is the question of the object of the discipline and, consequently, its scope. The author discusses directions in book studies and the bibliological process making up — starting in the 1930s and with Jan Muszkowski’s concept — the core tradition and foundation of book-studies theories: the theories built around the paradigm of ‘life of the book,’ looking at it as an integrally defined process of production, dissemination and consumption; Karol Glombiowski’s functional theory, thanks to which ‘systemic’ and ‘functional’ approaches became a commonly accepted methodological premise in book studies; the concepts formulated by Janusz Dunin, who linked the bibliological tradition of historical source studies of editorial forms of books to the functional theory and to ‘communication’ perspective; the theory formulated by Radoslaw Cybulski, who, in combining the established morphology of the book with a semiotic and communication perspective, adopted ‘book consumption,’ that is, an ‘integrated system of satisfying the needs of book users,’ as a functional category to describe the behaviour of participants in the book market; the concepts focused on the ‘social communication situation’ as a research concept and perspective stemming from the sociological and semiotic reorientation of humanistic thinking. At the end, the author discusses the trends which have considerably expanded research perspectives in recent years: books in the media space; the ‘culture of the book’ paradigm, which is conducive to an ‘anthropologisation’ of the bibliological process, perceived no longer only institutionally, from the perspective of social communication, but also through relations, interactions and value judgements of people participating in it, which shifts research priorities towards the questions of reading and often also towards ‘regional’ approaches; and the theory of book art and research into book aesthetics. At the various stages of the development of bibliology and in relation to respective research approaches, the focus shifted from the book as a cultural artefact and its ‘life,’ that is, the bibliological process with its institutions, to the functions of the book with regard to the public in the process of social and cultural transmission, and, finally, to the public as the creator and user of the culture of the book, whose actions are ‘recorded’ in bibliological documentation.

Interethnic Contacts in Yugra and Christmas Stories of the Turn of the 19th – 20th Centuries

Ethnic stereotypes largely determine the actions of an individual during his contacts with strangers – representatives of a different culture. At the same time, these actions, like stereotypes, are not permanent. The objective of the paper is to study the evolution of the attitude to the Yugra aborigines at the turn of the 19th – 20th centuries. To achieve it, it is necessary to address the local sociocultural realities. Information about them is reflected in various historical and ethnographic sources, which, in particular, can include some works of fiction. A special place belongs to the genre of Christmas (Yuletide) stories, which specifics are usually studied by literary scholars. At the same time, provincial literature often contains information about the perception of aborigines by the Russian population. The specifics of the study required the use of an interdisciplinary approach, in which the theoretical developments of literary criticism complement historical and ethnographic methods. The results obtained indicate an ambivalent attitude to interethnic contacts with the peoples of the North in Russian culture. Images of the aborigines were associated with potential threats from another world. And, at the same time, they acted as victims of deception, violence and rejection by bearers of genuine Christian virtues. In addition, there was a noticeable difference in value judgments between folk and official culture. Folk culture tended towards stability, repetition and cyclical nature. On the contrary, the official culture with its European rationalism, was oriented towards the values of progress. Christmas stories by peripheral writers complemented by ethnic flavor were the evidence of something new in the public consciousness. At the regional level, the importance of interethnic communication and ethnic tolerance increased. The disparate components of Russian culture gradually came closer together, although these processes were not yet completed. Only further consideration of literary tests can help in understanding the contradictions of the past.

Donald Trump's tweets, political value judgment, and the Renminbi exchange rate

This study examines the correlation between former U.S. President Donald Trump's China-related tweets and the daily return and conditional volatility of onshore (CNY) and offshore (CNH) Renminbi exchange rates. Using sentiment analysis techniques to quantify political value judgment, we find that Trump's sentiment towards China has a significantly negative relationship with the CNH value but no significant linkage with the CNY price. During the trade tension period, both markets' conditional volatility responded to the tweets, with the CNH daily return displaying a heightened reaction to the sentiment. Our results demonstrate the importance of considering market conditions when analyzing the effects of political rhetoric on different segments of the Renminbi exchange rate market.

Category construction and knowledge production in childhood studies: rethinking ‘left-behind children’ through the case of ‘liushou children’ in China

ABSTRACT Narratives about children whose parents have migrated exhibit a common global trend, with these children and their families being widely pathologised, creating a stereotyped image of this group. Hence, it is timely and necessary to interrogate the category construction of left-behind children and the politics surrounding the knowledge produced. This article explores the global construction and widespread stigmatisation of left-behind children through the lens of a postcolonial critique and criticises the hegemonic notion of childhood promoted primarily by the Global North. It then explores the indigenous category of ‘liushou children’ for left-behind children in China – revealing its cultural expectations and Indigenous construction. Although the pathologisation of such children occurs in both global and indigenous dimensions, the understanding and causation of such pathologisation differs since diverse actors often present different understandings of this phenomenon, which refract different expectations, moral and value judgements, or political motivations. Therefore, this article calls for research on the lives of these children in the context of global economic and social structural shifts and how these are reshaped in local and national dimensions. In so doing, it provides insights into ongoing debates on the politics and ethics of knowledge production in childhood studies.

The Australian Traumatic Brain Injury Initiative: Systematic Review of Predictive Value of Biological Markers for People With Moderate-Severe Traumatic Brain Injury.

The Australian Traumatic Brain Injury Initiative (AUS-TBI) aims to co-design a data resource to predict outcomes for people with moderate-severe traumatic brain injury (TBI) across Australia. Fundamental to this resource is the data dictionary, which is an ontology of data items. Here, we report the systematic review and consensus process for inclusion of biological markers in the data dictionary. Standardized database searches were implemented from inception through April 2022. English-language studies evaluating association between a fluid, tissue, or imaging marker and any clinical outcome in at least 10 patients with moderate-severe TBI were included. Records were screened using a prioritization algorithm and saturation threshold in Research Screener. Full-length records were then screened in Covidence. A pre-defined algorithm was used to assign a judgement of predictive value to each observed association, and high-value predictors were discussed in a consensus process. Searches retrieved 106,593 records; 1,417 full-length records were screened, resulting in 546 included records. Two hundred thirty-nine individual markers were extracted, evaluated against 101 outcomes. Forty-one markers were judged to be high-value predictors of 15 outcomes. Fluid markers retained following the consensus process included ubiquitin C-terminal hydrolase L1 (UCH-L1), S100, and glial fibrillary acidic protein (GFAP). Imaging markers included computed tomography (CT) scores (e.g., Marshall scores), pathological observations (e.g., hemorrhage, midline shift), and magnetic resonance imaging (MRI) classification (e.g., diffuse axonal injury). Clinical context and time of sampling of potential predictive indicators are important considerations for utility. This systematic review and consensus process has identified fluid and imaging biomarkers with high predictive value of clinical and long-term outcomes following moderate-severe TBI.

Understanding value in residents’ experiences and its impact on life satisfaction and value co-creation: empirical evidence from Jiuzhai Valley, China

ABSTRACT This study furnishes a value-oriented paradigm, illustrating the impact of perceived value of tourism-induced change on life satisfaction and value co-creation. Adopting PLS-SEM to analyze data from 535 residents of Jiuzhai Valley, this study reveals that material perceived values (economic and functional) influence life satisfaction; non-material perceived values (social and cultural) have stronger impacts on value co-creation than material perceived values; material perceived value influence value co-creation through the mediation of life satisfaction. This study enriches the literature by integrating personal value judgments with social representation theory to assess how intrinsic values-determined perceived value influences residents’ extra-role value co-creation.

Размышления над новым изданием переписки Л.Н. Толстого и Н.Н. Страхова

The review is devoted to reflections on the new edition of Correspondence between two outstanding people, Leo Tolstoy and Nikolai Strakhov. The review article touches on the history of the publication of the Correspondence, the differences between editions and the features of the latest edition. The author examines not philological or stylistic features, but mainly the philosophical presentation of Nikolay Strakhov and Leo Tolstoy within the latest edition. The author notes both the advantages and disadvantages of the identified approach to considering the worldview of two correspondents. The review notes as a merit of the edition the high quality of the research work, the inclusion of S.A. Tolstoy’s letters from S.A. Tolstoy. At the same time, the problematic part of the new edition is the active inclusion of the subjective historical and cultural commentary context and value judgments contained both in an unnecessarily cumbersome introductory article and in a number of comments on individual letters.

Psychological harassment at work in Hungary and Slovakia

Abstract Bullying, harassment, and sexual harassment in the workplace are not new issues; they have always existed in various forms. Recent studies have highlighted their impacts on workers and their well-being at work. However, the perception of these problems differ across the United States, Europe, and Asia. These differences are reflected not only in terms of sensitivities, workplace policies, and relevant laws, but also in the language/vocabulary used to designate the same. Psychological harassment is a bitter issue for many who are affected by it. Unfortunately, it remains a less popular topic in academic research. This may be due to the sensitivity associated with the topic, the possible shame and value judgements of those involved, and the myriad cultural differences that complicate its perceptions. This study deals with the characteristics of psychological harassment in workplaces across Hungary and Slovakia. It addresses the following questions: How are the sources of psychological bullying perceived in the two countries, how do victims tolerate the abuse they are subjected to, and what factors influence the same. The study also examines whether the company’s tools for combating psychological bullying in the workplace have an impact on an employee’s decision to leave the organization as a result of mobbing. It conducted quantitative surveys involving 500 Hungarian and 108 Slovakian employees. The results were analyzed by the authors using SPSS version 28 with univariate and multivariate statistical methods. Frequency analysis, ANOVA, T- test and factor analysis, among others, were performed. The results show that the perception of the sources of psychological bullying and the tolerance of the related phenomena depend on a number of personal factors. However, the tools that firms use to deal with mobbing do not necessarily play a determining role in an employee’s decision to leave their workplace following psychological harassment.

A Study on Immersion and Intention to Pay in AR Broadcasting: Validating and Expanding the Hedonic Motivation System Adoption Mode

With the rapid growth of online entertainment live streaming, how to continuously innovate and achieve long-term sustainability has become a major challenge for the industry. Augmented reality (AR) technology offers users immersive interactive experiences and potentially addresses this challenge. The aim of this study is to explore how AR technology influences key components of user online experience—immersion and intention to pay—using survey data. Building upon the Hedonic Motivation System Adoption Model (HMSAM), this research incorporates aesthetic variables to theoretically expand the model in order to gain a deeper understanding of the mechanisms influencing user behavior. A questionnaire survey was conducted to collect 450 valid samples. Detailed analysis was conducted using structural equation modeling. The findings confirm that aesthetic design significantly impacts users’ judgments of content value and perceived ease of use, generating positive effects at the perceptual level. Additionally, AR applications enhance the quality of user experience, thereby stimulating intrinsic motivations such as curiosity and joy. Further analysis indicates that users’ curiosity and perceived behavioral control directly influence the level of immersion and intention to pay. Overall, the research results offer important insights into industry applications. This study successfully expands the HMSAM theoretically by incorporating aesthetic variables to enhance the explanatory power of user judgment mechanisms. The analytical framework proposed aids in understanding the potential mechanisms of new technologies on customer experience and commercial value creation. The research findings provide guidelines for technological design and marketing strategies of streaming platforms.

Лексико-семантические особенности создания образа протагониста в романе Б. Переса Гальдоса «Сумалакарреги»

The article analyzes the linguistic features of the novel Zumalacárregui by the Spanish writer Benito Pérez Galdos, first published in 1898. The novel opens the third series of the National episodes (Episodios Nacionales) and is dedicated to the First Carlist War in Spain (1833–1840). The protagonist is the Carlist general T. de Zumalacárregui, whose Doppelgänger is the priest José Fago. General T. de Zumalacárregui is frequently mentioned in periodical publications, in memoires and in fiction of the 19–20th centuries. The article analyzes nouns, adjectives and substantive combinations used by the writer to create the image of the protagonist. The semantic fields “war”, “politics” and “religion” are distinguished among the lexical units used in relation to the general. The image of T. de Zumalacárregui is analyzed separately in the direct speech of the characters of the novel. The most common lexemes used to describe the general are “caudillo” (“leader”), “guerrero” (“warrior”), and “héroe” (“hero”). These lexical units, commonly used with positive connotations, acquire a comic connotation in the context of the novel or serve to express a negative value judgment. The vocabulary related to the semantic field “religion” at first sight repeats the clichés of Carlist propaganda, according to which T. de Zumalacárregui appears as a “martyr” who suffered for the “Cause”. At the same time, by replacing individual lexical units, the author turns the protagonist into a parody of Christ. The vocabulary related to the semantic field “politics” is analyzed. T. de Zumalacárregui appears in the work as a supporter of “Absolutism”. It is concluded that B. Pérez Galdós, copying some clichés of Carlist propaganda, created a negative image of T. de Zumalacárregui.

Bull Value Cow-Q-Lator (BVCQL): What It Is and How To Use It

It’s that time of year when commercial ranchers and cattle producers are looking to make bull purchases for their operation. With so many different breeds and types of bulls available, picking the right bull at the right price is not easy. To help in making the best selection possible the University of Nebraska-Lincoln Beef Economics Team created the Bull Value Cow-Q-Lator (BVCQL). This tool can be used to compare your current bull value with up to 10 bulls. The Bull Value Cow-Q-Lator is a spreadsheet available to download at https://cap.unl.edu/livestock/tools. Each ranch or farm is going to have different goals, values, and resources available to purchase bulls. For the BVCQL, 14 key input variables (KIVs) (Figure 1) are entered into the spreadsheet by the user. In addition to costs, users make a value judgment on the effect individual bulls are expected to have on calf value and calving rate of cows. Users are expected to provide estimates for all these values.

Measuring Villagers’ Perceptions of Changes in the Landscape Values of Traditional Villages

This study aims to analyze the perceptions and driving factors behind villagers’ changing perceptions of landscape values in the context of drastic landscape changes in traditional Chinese villages. Empirical evidence emphasizes the interplay between local residents’ values and the local policy framework. This study establishes a method to capture the landscape values and preferences of rural community residents by combining participatory mapping with questionnaire interviews. We identified the evaluation of changing landscape values by rural residents and extracted four categories of rural development orientations, namely, economic benefits, emotional culture, public participation, and environmental protection. Furthermore, we delved into the significant heterogeneity in landscape value changes among different social groups. This study highlights the role of villagers’ value judgments in guiding the scientific formulation of traditional village conservation and development policies and promoting the socially sustainable development planning of traditional villages. The research contributes to a more comprehensive understanding of the rural community’s needs and preferences for the local landscape as well as the convergence and divergence between these needs and the government-led rural development trajectory.

Why Do I Choose an Animal Model or an Alternative Method in Basic and Preclinical Biomedical Research? A Spectrum of Ethically Relevant Reasons and Their Evaluation.

Research model selection decisions in basic and preclinical biomedical research have not yet been the subject of an ethical investigation. Therefore, this paper aims, (1) to identify a spectrum of reasons for choosing between animal and alternative research models (e.g., based on in vitro or in silico models) and (2) provides an ethical analysis of the selected reasons. In total, 13 researchers were interviewed; the interviews were analyzed qualitatively. The ethical analysis was based on the principlism approach and a value judgement model. This paper presents 66 reasons underlying the choice of researchers using animal (27 reasons) or alternative models (39). Most of the reasons were assigned to the work environment (29) and scientific standards (22). Other reasons were assigned to personal attitudes (11) and animal welfare (4). Qualitative relevant normative differences are presented in the ethical analysis. Even if few reasons can be rejected outright from an ethical point of view, there are good reasons to give some more weight than others. The spectrum of reasons and their ethical assessment provide a framework for reflection for researchers who may have to choose between animal models and (investing in) alternatives. This can help to reflect on and ethically justify decisions.

Value Judgments in Mathematics: G. H. Hardy and the (Non-)seriousness of Mathematical Theorems

One of the general criteria G. H. Hardy identifies and discusses in his famous essay A Mathematician’s Apology, Cambridge University Press, Cambridge, 1940) by which a mathematician’s patterns must be judged is seriousness. This article focuses on one of Hardy’s examples of a non-serious theorem, namely that 8712 and 9801 are the only numbers below 10000 which are integral multiples of their reversals, in the sense that 8712=4·2178\\documentclass[12pt]{minimal} \\usepackage{amsmath} \\usepackage{wasysym} \\usepackage{amsfonts} \\usepackage{amssymb} \\usepackage{amsbsy} \\usepackage{mathrsfs} \\usepackage{upgreek} \\setlength{\\oddsidemargin}{-69pt} \\begin{document}$$8712=4\\cdot 2178$$\\end{document}, and 9801=9·1089\\documentclass[12pt]{minimal} \\usepackage{amsmath} \\usepackage{wasysym} \\usepackage{amsfonts} \\usepackage{amssymb} \\usepackage{amsbsy} \\usepackage{mathrsfs} \\usepackage{upgreek} \\setlength{\\oddsidemargin}{-69pt} \\begin{document}$$9801=9\\cdot 1089$$\\end{document}. In the context of a discussion of generality, which he considers an essential quality of seriousness, he explains that there is nothing in this example which “appeals much to a mathematician” and that it is “not capable of any significant generalization.” Interestingly, since the publication of the Apology, more than a dozen papers—including one by the renowned mathematician Neil Sloane—have been published that discuss generalizations of Hardy’s example. By identifying the most important aspect of Hardy’s notion of generality, it is argued that, contrary to the views of several researchers, Hardy’s claim regarding the non-capability of any significant generalization is still tenable. Furthermore, this case study is presented and discussed as an example of the multifaceted nature of mathematical interest.

Ethics and aesthetics of adaptive heritage reuse in Europe: an introduction to what happens to territories when heritage is touched

PurposeThe paper introduces ethical and aesthetical implications emerging from participative forms of adaptive heritage reuse. Its aim is to depict the overall framework to contextualize the investigations explored in the Special Issue titled “Ethics and aesthetics of adaptive heritage reuse in Europe.” Therefore, the article confronts with potentialities and contradictions of “open” heritage processes, introducing key critical elements to recode heritage practices and planning in today’s conjuncture of global change.Design/methodology/approachThe paper drawn on a literature review, which combines different bodies of studies: heritage, urban studies, care studies and recent policy documents. A photographic essay, moreover, serves to “augment” the presented argumentations through a visual apparatus resulting from one of Gaia Ginevra Giorgi’s artwork, which develops in the intersection between performative art, participation and territorial reuse.FindingsThe author argues that for adaptive heritage reuse to be really sustainable, ethical and aesthetical heritage codes need to be reassessed and reoriented toward the present socio-ecological priorities, multiplicating the ways cultural heritage is conceived, valued and reused. The paper suggests proceeding along the creative paths of uncertainty, providing the first elements to develop political projects of abundance and enjoyment for current urban settlements.Practical implicationsThe presented argumentations can be used as a baseline by heritage managers and policymakers to experiment with participative processes of adaptive heritage reuse and to identify more environmentally and socially just trajectories of urban development.Originality/valueThe paper expands the concept of adaptive heritage reuse, considering the active participation of both human and non-human agents. Treating heritage in a laic way, namely free from absolute and preordered judgments of value, it deals with uncomfortable heritage materiality and contexts, illuminating the quality of unpleasant or odd forms of beauty.

Human cloning as reproductive means in future: a qualitative thematic study of underpinning values.

The possibility of using human cloning to reproduce has been met with unease, shock, and prohibition in many countries, as well as the International Committee for Monitoring Assisted Reproductive Technology and the World Health Organization. Exploring the value judgments that underpin these and other responses to reproductive human cloning (RHC) was the objective of this study. In a qualitative design, this study explored values in their variety underpinning responses to RHC by conducting individual semi-structured in-depth interviews among nine scholars who were purposively sampled for contributing various perspectives. Thematic analysis was used to uncover qualitative contents systematically. Regulation of RHC, the first theme, was valued highly but this should become more sophisticated than plain prohibition and draw on accountable societal engagement that is well-informed by current knowledge and further research, rather than be misled by for example the mistaken assumption that cloned offspring would be exact replicas. The second theme was about potential consequences of RHC for which engagement and regulations should account. It concerns the valuing of the personhood and dignity of offspring from RHC, and averting exploitation and potential unwanted societal consequences. In the third theme, participants valued the individual's freedom to choose and reproduce. Recognizing the needs among people who cannot reproduce in other ways, the agenda for the societal engagement on RHC suggested by this study is extensive and challenging. It includes that potential consequences should be pre-empted, exploitation of RHC be averted, criteria of acceptability and non-acceptability of using RHC be developed, and the limits to the use of RHC be articulated in accordance with technological constraints and the values, resources and preparedness of societies.