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This chapter analyses legal responses to three situations: someone pretending to intend marriage, someone entering marriage or a civil partnership for ‘ulterior motives’ and someone entering marriage or a civil partnership when an existing relationship disqualifies them from doing so. It argues that, historically, marriage was used to compensate women who experienced the first form of deception and to punish the men who deceived them; that in ‘ulterior motive’ cases, marriage might have been withheld from the deceptive party; and that bigamy provided legal recognition of the harms and wrongs experienced by duped individuals at the same time as it protected the state’s interest in shoring up marriage. The chapter concludes by arguing that the move away from each of these positions over time means that the extent to which the law protects individuals’ interests in avoiding deceptively induced intimate relationships has decreased. It further argues that this development has implications for how we assess the adequacy of contemporary legal responses to inducing intimacy.
Genotype-based dietary and physical activity advice can be delivered to young adults before unhealthy lifestyle behaviours or metabolic and physiological conditions have developed. The aim of the present study was to investigate the factors that influence the intention to adopt genotype-based personalised advice on diet and physical activity in young adults who perceive themselves to be a healthy weight versus those who perceive themselves to be overweight or obese. An online survey of 396 young adults (18–25 years) evaluated background factors (participant characteristics (including perception of body weight), psychological factors, belief composites) and constructs of the Theory of Planned Behaviour (TPB) related to the adoption of genotype-based personalised advice. The association between background factors and TPB constructs was assessed using multiple linear regression. The constructs of TPB predicted intention to adopt genotype-based personalised nutrition (P < 0.001, adj. R2 = 0.54; attitude: B = 0.24, subjective norm: B = 0.25, PBC: B = 0.45). Background factors including belief composites, health locus of control, gender, physical activity, and food choice motives of ‘health’, ‘price’, ‘familiarity’, ‘weight control’, and ‘convenience’ significantly added to models of TPB constructs related to the intention to adopt personalised advice (P < 0.05). The influence of background factors varied between TPB constructs and differed based on participants perception of their body weight. The study provides support for the use of the TPB in understanding the intention of young adults to adopt gene-based advice for dietary and physical activity behaviour. In addition to perceived body weight, the background factors identified should help to inform and modify the delivery of advice in behaviour change interventions that seek to use genotype-based personalised advice in young adult populations.
This chapter focuses on the transition process, called the Expert Transition Cycle, which an individual goes through each time they make a transition. It reviews the more traditional models including vocational models, career anchors, psychometric models, work adjustment theories, and psychologically based models as well as ecologically and socially embedded models. It then reviews more contemporary transition process models, focusing on two models, working identity and identity status, which inform the study of identities in transition in the research. Finally, it presents the Expert Transition Cycle, which is the basis for determining how identity changes during a transition. This model includes five stages: Intention, Inquiry, Exploration, Commitment, and Integration.
Promoting healthy snacking is important in addressing malnutrition, overweight and obesity among an ageing population. However, little is known about the factors underlying snacking behaviour in older adults. The present study aimed to explore within- and between-person associations between determinants (i.e. intention, visibility of snacks, social modelling and emotions) and snacking behaviours (i.e. decision to snack, health factor of the snack and portion size) in older adults (60+). Conducting a two-part intensive longitudinal design, data were analysed from forty-eight healthy older adults consisting of (1) an event-based self-report ecological momentary assessment (EMA) diary every time they had a snack and (2) a time-based EMA questionnaire on their phone five times per day. Analysis through generalised linear mixed models indicated that higher intention to snack healthily leads to healthier snacking while higher levels of social modelling and cheerfulness promote unhealthier choices within individuals. At the between-person level, similar results were found for intention and social modelling. Visibility of a snack increased portion size at both a within- and between-person level, while the intention to eat a healthy snack only increased portion size at the between-person level. No associations were found between the decision to snack and all determinants. This is the first study to investigate both within- and between-person associations between time-varying determinants and snacking in older adults. Such information holds the potential for incorporation into just-in-time adaptive interventions, allowing for personalised tailoring, more effective promotion of healthier snacking behaviours and thus pursuing the challenge of healthy ageing.
According to Action-First theorists, like Jonathan Dancy, reasons for action explain reasons for intentions. According to Intention-First theorists, like Conor McHugh and Jonathan Way, reasons for intentions explain reasons for action. In this paper, I introduce and defend a version of the Action-First theory called “Instrumentalism.” According to Instrumentalism, just as we can derive, using principles of instrumental transmission, reasons to ψ from reasons to ϕ (provided there’s some relevant instrumental relation between ψ-ing and ϕ-ing), we can derive reasons to intend to ϕ from reasons to ϕ (provided there’s some relevant instrumental relation between intending to ϕ and ϕ-ing). After providing some defense of Instrumentalism, I turn to two recent, important arguments for the Intention-First theory advanced by McHugh and Way, and I argue that neither of them succeed. I conclude that we should reject the Intention-First theory and that we have grounds for optimism about the Action-First theory.
Andrea Bianchi, Graduate Institute of International and Development Studies, Geneva,Fuad Zarbiyev, Graduate Institute of International and Development Studies, Geneva
Intentionalism is the least investigated approach to treaty interpretation. It is often discredited by international legal scholars on the basis of various pragmatic arguments. It is also normatively discouraged as a threat to the stability and predictability of treaty rules. At the same time, even a cursory glance at the case law of international courts and tribunals would be sufficient to realize that treaty interpretation discourse in practice is replete with references to the parties’ intention. This chapter situates the reluctance of international legal scholars about intentionalism in the broader intellectual history of international law and shows that most objections to intentionalism rest on a mentalist understanding of intention that has been severely criticized in philosophy. It also argues that given intentionalism’s close connection with consensualism, it is unrealistic to believe that it can be dismissed in practice.
Humans produce utterances intentionally. Visible bodily action, or gesture, has long been acknowledged as part of the broader activity of speaking, but it is only recently that the role of gesture during utterance production and comprehension has been the focus of investigation. If we are to understand the role of gesture in communication, we must answer the following questions: Do gestures communicate? Do people produce gestures with an intention to communicate? This Element argues that the answer to both these questions is yes. Gestures are (or can be) communicative in all the ways language is. This Element arrives at this conclusion on the basis that communication involves prediction. Communicators predict the behaviours of themselves and others, and such predictions guide the production and comprehension of utterance. This Element uses evidence from experimental and neuroscientific studies to argue that people produce gestures because doing so improves such predictions.
Verb semantics has been widely approached as a dichotomy of manner and result. However, from a cognitive perspective, manner and result are often linked by intention, as captured by the ‘fulfilment type’ property formulated in the Realisation event domain in Talmy’s event integration theory. The four ‘fulfilment types’ (intrinsic-, moot-, implied-, and attained-fulfilment) indicate different degrees of result certainty in verbs. This study investigates whether manner/result complementarity is cognitively less dichotomous and more nuanced, as the four fulfilment types in verbs could indicate more than two mental representations of verbs. Through two psycholinguistic experiments, we examine whether fulfilment types influence the cognitive salience of manner and result in novel verb meaning interpretation (Experiment 1) and the semantic relatedness between English verbs with different fulfilment types (Experiment 2). Our results demonstrate that manner and result in the mental lexicon act less like a dichotomy but more like a cline. This blur between manner and result verb statuses has consequences for a language’s typological stance in the Realisation domain and implications for how Talmyan event research should be extended beyond well-studied Motion.
This chapter addresses problems in the philosophy of interpretation with regard to Latin authors. Its central question is what we mean by the ‘author’. The history of ‘persona’, the notion that the speaker in first-person literature and by extension the image of the author presented in any text is a ‘mask’, is explored for its theoretical and interpretive value, but also critiqued for the potential ethical and political issues it raises. The author should be considered not a window onto the life of the flesh-and-blood Roman, but rather as a construct arising in part, but only in part, from an initial human consciousness living in a specific historical place and time, then developed through a dynamic process of reception. The battle for the life and soul of the author is the story of interpretation, in which the question of the extent to which ‘original intention’ can or should be the goal of exegesis was one of the great controversies of the 20th century and remains a creatively unsolvable problem. I argue that there are certain kinds of readings which are rightly and explicitly situated outside the scope of ‘original intention’, of which I take feminist readings as exemplary.
In the sixth chapter of his Tianzhu shiyi (天主實義, “The True Meaning of the Lord of Heaven”), Matteo Ricci offers a critique of the anti-intentionalistic thread that he detects in the Chinese philosophical tradition. In this brief essay, I offer an analysis of a noteworthy archery analogy that Ricci employs to describe the nature of ethical action as an intentional process with a conscious aim. I trace how Ricci skilfully combines Western and Chinese images and categories to craft this simile. Before that, I set the stage by offering some preliminary comments that contextualize Ricci's interest in the question of intentional vs. non-intentional conduct.
The author examines the place of consent in treaty interpretation at the time of the marginalization of the role of the intention of the parties. Whether the characterization of international law as a legal system grounded in State consent has ever been empirically true is, as he argues, open to discussion. For him, the law of treaties, however, is commonly seen as ‘a bastion of consensualism’. This sense of confidence has, however, never sat easily with treaty interpretation. The author claims that, despite the lip service sometimes paid to the fiction of the common intention of the parties, the official doctrine of treaty interpretation rests on the primacy of the terms of the treaty.
Chapter 2’s purpose is to provide some focused discussion on the meaning of the ‘force’ prohibited in Article 2(4) and customary international law. In seeking to expose the uncertainties regarding this particular term, various factors or common elements of ‘force’ are distilled. After looking at the prohibition of force in the context of the principle of non-intervention, the chapter moves on to look at the type of force that the prohibition is concerned with and, concluding that it is ‘armed force’, then moves on to attempt to distil the key elements of such force, including whether it is the means used or the effects created which is of importance, and whether force can be used indirectly. The chapter then addresses the ‘gravity’ or severity aspects of a use of force, in particular by distinguishing it from an armed attack or act of aggression, but also by examining whether there is a level of force – or de minimis threshold – below which an action falls out of the remit of the prohibition. Finally, and having distilled the key practical components of a prohibited use of force, the chapter focuses upon the mens rea component.
In its updated Commentaries on the 1949 Geneva Conventions, the International Committee of the Red Cross (ICRC) embraces the ‘external’ interpretation of Article 1 common to the four Geneva Conventions, according to which States have certain negative (complicity-type) and positive (prevention/response) obligations to ‘ensure respect’ for the Conventions by other actors. This interpretation has been gaining support since the 1960s, though the ICRC's new Commentaries have served as a catalyst for some States recently to express contrary views. This article focuses on two major methodological shortcomings in the existing literature, offering a much firmer foundation for the external obligation under common Article 1. First, it demonstrates the overwhelming support in subsequent practice for external obligations. Previous studies have failed to explain the method by which this practice is taken into account, given the existence of some inconsistent practice. This article addresses this general question of treaty interpretation, critiquing the approach of the International Law Commission that relegates majority practice to supplementary means of interpretation and proposing instead a principled approach that better fits and justifies the judicial practice here. Secondly, the article challenges two common assumptions about the travaux: first, that an original, restrictive meaning was intended, and secondly that the travaux of Additional Protocol I offer no support for external obligations. Given the ubiquity of military assistance and partnering, these findings have far-reaching consequences for the liability of States.
A satisfactory analysis of human deception must rule out cases where it is a mistake or an accident that person B was misled by person A's behavior. Therefore, most scholars think that deceivers must intend to deceive. This article argues that there is a better solution: rather than appealing to the deceiver's intentions, we should appeal to the function of their behavior. After all, animals and plants engage in deception, and most of them are not capable of forming intentions. Accordingly, certain human behavior is deceptive if and only if its function is to mislead. This solves our problem because if the function of A's behavior was to mislead, B's ending up misled was not an accident or a mere mistake even if A did not intend to deceive B.
Ethics has tended to concentrate on (1) what we should do, (2) virtues of character, or (3) the importance of motivation in appraising actions. All three are ethically important. But there is a dimension of moral responsibility that should have a place beside obligations to act, virtues of character, and appraisals of actions in relation to their motivation. It is the manner of actions. This can be right or wrong, an object of intention, and behavior for a reason. Interpersonal relations are not a behavioral grid with fixed points representing only act-types. This chapter explores manners of action. The result is a wider conception of acting rightly than the common understanding on which (despite the adverb) it is simply doing the right thing; a partial account of how acting rightly figures in the content of intention; and a sketch of the moral dimensions of the manners in which we act.
Actions are not merely what we do but essentially connected with intentionality, particularly beliefs and intentions, and thereby with the will. Some actions are basic; others we do by doing something basically – “at will.” Act-types are the kind of thing we can exemplify repeatedly or multiple agents can exemplify simultaneously, say speaking. Act-tokens are individual actions tied to a particular agent, time, and mode of performance. Ethics must address both: types as contents of intentions and primary indicators of obligations, and tokens as morally significant in ways that, like their underlying motives, are not fixed by their type. This chapter also clarifies control of action, direct and indirect. It is not just basic acts that are under direct voluntary control; most of the salient manners of our actions are. Moral obligation and moral responsibility for action extend to those as well as to the acts they color – or discolor.
Anthropologists and cognitive scientists interested in ethics and morality have much to gain from a two-way dialogue that does not shy away from constructive criticism. This chapter seeks to initiate such a conversation through an overview of three lines of recent research in cognitive science: the evolution of human morality from the standpoint of evolutionary psychology; theories that look to social institutions rather than only evolved psychological dispositions for insight into the variability of human moral dispositions; and studies of how responsibility and intentionality are ascribed in cases of wrongdoing. The final section offers some personal reflections on the methodological challenges of inter-disciplinary engagement, drawing on some of the authors’ recent research on morality and change in western Amazonia. It concludes that anthropologists can use experimental methods creatively, as a way of generating new ethnographic insights; although if genuine conversation on an equal footing is to take place, then ethnography must not only inform experimental design but also be employed to redefine concepts and generate theory.
Given the plurality of uses to which the terms ‘ethics’ and ‘ritual’ are put, we focus on only one tradition of thought about their relationship, namely that stemming from Austin – in which ritual is understood as an act or as a particular modality of action with ethical entailments. After elaborating this position in the first half of the essay, we juxtapose it with an ethnographic description of life in northern Uganda. The ethnography serves both to support aspects of the formal argument and to show that conditions ‘on the ground’ readily escape any formal model. If ritual performance sets the criteria for ethical judgement, ethical concerns establish the choice of ritual performed. Ethical life is shaped by ritual enactment yet is also challenged by circumstances beyond what any given ritual, liturgical order, or theoretical apparatus can provide.
This chapter begins with a discussion of the common methodologies, starting assumptions, and key aims that shape philosophical work in this sphere. This part of the chapter aims to lay bare the bones of philosophy of parenthood as this field currently stands, providing a critical tool for investigation of existing theories of parenthood, but also further demonstrating the complex interdependence between moral parenthood and the concepts of parenthood covered in the previous chapters. I then give an overview of the approaches philosophers have taken to defining the grounds of moral parenthood, and the different problem cases motivating these accounts. Whilst all these problem cases deviate from the ‘paradigm’ case – in which biological, social, legal, and moral parenthood neatly coincide – literature on parental obligations tends to focus on situations in which candidate parents are disinclined to take on some form of parenting role. Philosophers focusing on parental rights, on the other hand, have often been concerned with an overabundance of candidate parents and have aimed to provide solutions to potential disputes. These disputes might arise between parties to surrogacy agreements, biological parents and step- or adoptive parents; and, more speculatively, between biological parents and the hypothetical ‘best available parents’.
Punishment is an important method for discouraging uncooperative behavior. We use a novel design for a public goods game in which players have explicit intended contributions with accidentally changed actual contributions, and in which players can apply costly fines or ostracism. Moreover, all players except the subject are automated, whereby we control the intended contributions, actual contributions, costly fines, and ostracisms experienced by the subject. We assess subject’s utilization of other players’ intended and actual contributions when making decisions to fine or ostracize. Hierarchical Bayesian logistic regression provides robust estimates. We find that subjects emphasize actual contribution more than intended contribution when deciding to fine, but emphasize intended contribution more than actual contribution when deciding to ostracize. We also find that the efficacy of past punishment, in terms of changing the contributions of the punished player, influences the type of punishment selected. Finally, we find that the punishment norms of the automated players affect the punishments performed by the subject. These novel paradigms and analyses indicate that punishment is flexible and adaptive, contrary to some evolutionary theories that predict inflexible punishments that emphasize outcomes.