Monday, April 7, 2008

Divorce Law New York (Attorney's Fees)

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by David Siegel

It is clear that the trial court has general power to award attorney fees pursuant to subsection (a) of this section and also pursuant to the plenary equitable powers of the trial court; however, regardless of the source, the power must be exercised while the trial court retains general jurisdiction over the cause. Where the court had evidence before it of the financial resources of both parties when ruling on the issue of attorney fees and where no hearing had been requested, the trial court's failure to conduct a hearing on the propriety of the award of attorney fees was not error. The award of attorney fees is based on a showing of the inability of one spouse to pay and the ability of the other spouse to do so. The court may order either spouse to pay a reasonable amount for the costs and attorney fees necessarily incurred by the other spouse. The granting of attorney fees is improper where no evidence is heard as to the items of service which were performed, the basis of the amount requested, or the reasonableness of such fees.

Where petition for fees was submitted prior to entry of a judgment dispositive of the merits of the action, and where the clear import of the language of subsection (a) of this section was that the court may order attorney fees to be paid by either party to either attorney, the provision was given its clear meaning and the trial court properly entered judgment in favor of a firm against its own client. The general rule concerning awards of attorney fees in a divorce suit is that the party seeking such relief must show financial inability to pay and the ability of the other spouse to do so. The fees allowed in dissolution proceeding should be fair to all the parties involved: the attorney to be compensated, the client, and the person required to make the payment.

The amount awarded should be fair compensation for those services which were reasonable and necessary to the action. The propriety of an award of attorney fees depends on the particular facts of each case; in determining whether a party is unable to pay attorney fees the assets of that party must be weighed in light of the parties' standard of living. To justify the allowance of attorney fees, the party seeking relief must show financial inability to pay and the ability of the other spouse to do so. The party seeking to recover attorney fees must show financial inability to pay and the ability of the other spouse to do so; the decision in regard to fees then rests within the sound discretion of the trial court. Attorney fees in a dissolution of marriage proceeding are the primary obligation of the party for whom the services are rendered. The allowance of attorney fees to an opposing party is justified where the party seeking relief demonstrates financial inability to pay and the ability of the other spouse to do so. Although the trial court is permitted wide discretion in awarding attorney fees, that discretion is not unbounded. The allowance of attorney fees for appeal rests within the sound discretion of the trial court, which allowance will not be disturbed on review in the absence of a clear showing of abuse; fees may be allowed only upon findings of inability to pay by the petitioning spouse, and that the other spouse is able to pay.

The well-established principle that the amount of attorney fees rests in the sound discretion of the trial judge, and will not be interfered with unless abused, applies to support awards. The allowance of attorney fees in a divorce proceeding is not automatic, but depends on a showing that one spouse is financially unable to pay the fees, while the other is able to do so. The decisions whether to grant periodic alimony, attorney fees, and suit money rest in the sound discretion of the circuit court. The matter of fixing attorney fees is one of the few areas in which a trial judge may rely on the pleadings, affidavits on file and on his own experience. Former section 15 of the Divorce Act authorized the trial court to order the payment of such attorney fees as may seem equitable, regardless of the disposition of the case. The awarding of attorney fees rests in the sound discretion of the trial court and will not be interfered with unless such discretion is clearly abused.

Ability to Pay

In General The trial court did not err in requiring ex-wife to pay a majority of her attorney fees. For purposes of determining an award of attorney fees, financial inability exists where the forced payment of available funds would strip a person of his or her means of support and undermine his or her economic stability. The party seeking attorney fees must show an inability to pay, and the ability of the other spouse to pay fees. Before one spouse may recover attorney fees from the other, the spouse seeking fees must demonstrate that he or she is financially unable to pay and that the other spouse has the ability to pay; a mere showing that the other spouse has a greater ability to pay attorney fees is not sufficient to justify an award of fees under this section.

Former Law

Under former Rev.Stat., ch. 40, para. 16 in order to justify allowance of attorney's fees in a divorce case, the party seeking the relief needed to show financial inability to pay and the ability of the other spouse to do so; however, financial inability was not synonymous with destitution for the income and assets of both parties were considered, and if use of the available funds of the party seeking the attorney's fees would strip the person of the means of his support and undermine his economic stability, financial inability to pay such fees was shown.

It must be shown that the party seeking this relief is financially unable to pay and that the party seeking this relief is financially unable to pay and that the other party is able to do so; however, when a party does not request a hearing on his ability to pay or his opponent's inability to pay, the right to such a hearing is waived and the court may base its decision on the financial conditions of the parties as shown by the record.

Installment Order

Few can afford the expenses of divorce without incurring debt, which must be paid by someone; a party who does not have the present ability to pay his own attorney fees can nevertheless be ordered to pay his own attorney, although enforcement might have to be accomplished by an installment order.

Not Shown

Even though respondent had greater earning capacity he could not pay the bulk of petitioner's attorney's fees and continue to pay his own monthly expenses and attorney fees.

New York City divorce and family law firm handling divorce and family law cases throughout New York City and the surrounding areas. Results driven law firm with experience and skill to handle the most difficult cases. Divorce Lawyers New York

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Sunday, April 6, 2008

What Barack Obama and Hillary Clinton Have To Do With Your Need To Learn To Speak Spanish

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by Paul W. Brown

Recently the media reported a study by the New England Historic Genealogical Society, which found that Barack Obama is related to Brad Pitt and Hillary Clinton to Angelina Jolie. Distant cousins, yes, but who would have thought that? However, if we stop and think about it, we realize that despite our differences we are not as different as we think. We are truly only separated by 6 degrees as we all are members of the human race. That being said, why would any North American Anglophone want or need to learn to speak Spanish fluently. Well let us look at our geographic proximity to South America, Central America, Mexico and Latin America all of which primarily speak Spanish (with the exception of Brazil). Would you not want to be able to communicate with your neighbors if they were Spanish-speaking? We are all connected and to learn to speak fluent Spanish would be a step in the right direction.

Then there is the numbers game. You should seriously consider learning to speak Spanish fluently because over 400 million people worldwide speak Spanish and that includes countries such as Trinidad and Tobago, Philippines, Equatorial Guinea, Morocco and Gibraltar. That's about half of the population in the Western Hemisphere! In addition, within the United States, Spanish is the second most widely spoken language after English. This has opened up more employment opportunities for individuals who speak both English and Spanish and the ability to speak both languages will continue to become increasingly valuable for people who live in the U.S. with each passing year putting them in the advantage.

Spanish is a romance language and hence knowing Spanish is a stepping-stone to understanding many millions of other people who speak one of the other romance languages such as Italian, Portuguese or French and also can strengthen your ties with the European continent as well. Because of the similarities in grammar structure and vocabulary, once you acquire fluency in Spanish, you can become fluent in other languages in a shorter time than it would take someone who is learning their first romance language.

Lastly, if you have been living as a desert monk in complete solitude and isolation (which, I may add, is not such a bad thing to do from time to time), thanks to technology and the information highway, our world is no longer that big. Economic globalization is the main driving force behind the increasing importance of being able to communicate with those from other countries. For obvious reasons, the modern trend now shows that more Americans are studying Spanish in record numbers due to many factors, but most importantly, education in an international setting is becoming a top mandate for the American government because people need to be economically competitive. Therefore, it would be a worthwhile and wise personal investment to learn to speak Spanish fluently and to have Spanish as your instrument of connection to re-connect with the Human Network.

You can learn fluent Spanish with this exceptional course. Now is the time to learn Spanish rapidly and enrich your life and open yourself to many new and exciting opportunities.

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Friday, April 4, 2008

Should You Go Back to College?

by K. Smith

"Are you an older student planning to go back to college? If so, you aren't alone. In fact, the National Center for Education Statistics reports that more than three million students over the age of thirty-five currently attend college. Higher education represents a substantial investment, especially if you have children and a spouse. Returning to school may require time spent away from your family and could compel you to cut back on work hours or make other financial sacrifices.



Examine your motivation and resources before enrolling in college. Whether your educational goal involves an undergraduate degree, graduate degree, or vocational training, you will be more likely to succeed if first you consider the impact of returning to school. These tips can help you plan for the extra load and work higher education into an adult life.



Do You Have Time?

Even with kids and a job it's possible to carve out time for homework and classroom sessions. It may take some serious discipline, however. Prepare by purchasing tabbed notebooks, a calendar, and a day planner. Take careful notes during class, organize classroom handouts, and secure a seat where you can clearly hear the instructor. You might even use a tape recorder to capture lectures for future reference. By staying well-organized and making the most of your class periods you can streamline your study time outside of class.



If you still don't have enough free minutes to honor your job and family commitments, consider taking night classes or attending school part-time. While part-time school may take longer than full-time school, it can allow you more hours with loved ones and extra time to study and relax.



Do You Have Enough Money?

If you are concerned about the cost of college, don't despair. Find financial support for your studies by:



* Checking with your university's financial aid counselor about possible scholarships, grants, assistantships, and even work-study options

* Applying for federal grants and loans by completing your online Free Application for Federal Student Aid (FAFSA)

* Asking your employer's human resources department about any tuition reimbursement plans offered

* Looking into other sources of funding like private student loans, home equity loans, or borrow from your 401(k) at work.



Try not to let any initial fiscal setbacks trip you up. If you are attending school to obtain a larger skill set or to find a higher-paying job, your college education could ultimately prove to be a lucrative investment in your financial future. In fact, many studies indicate that higher levels of education usually lead to higher salaries. The U.S. Bureau of Labor Statistics (BLS), for example, reports that people with master's degrees average more than twice the yearly salary of people who only have high-school diplomas.



Are Your Goals Clearly Defined?

It is vital to know exactly what you'd like to gain from your college education. If you can't garner a managerial role without a Master's of Business Administration (MBA), or if you need a bachelor's degree to switch careers, then a full-length college program could be a wise investment. If still unclear about the requirements for your desired career, you can:



* Interview someone working in your desired field: ask him or her about degree requirements, necessary skills, and annual salaries.

* Complete a personality test: personality tests, such as the Myers-Briggs test, may be useful in helping you find occupational matches for your unique character traits.

* Speak with a career counselor: you might even find a good counselor at a local university--many school-based career counselors are more than happy to assist community members.

* Research your prospective career online. The U.S. Department of Labor provides detailed job descriptions, career outlooks, and salary statistics.



If you only want to gain a minor technical skill, like applying a new computer program or learning conversational Spanish, you may not need to earn a degree. In this case, a community college class might be cheaper and less time-consuming. Having clearly defined goals is important for financial reasons and can help you stay fully motivated through your entire college experience.



Is an Online Degree a Better Option?

Online education can give working professionals distinct advantages over their traditionally-educated counterparts, including:



* The ability to keep a full-time job: since online degrees allow you to finish homework at your own pace, you can complete your studies after work or on weekends.

* Increased mobility: online coursework can be completed from any location with an Internet connection--you could work in a coffee shop, on your porch, or in the public library.

* Save commuting time and expense: not only can online classes help you save on transportation fees and parking permits, you might be able to find your textbooks online in digital format.

* Greater ease with technology: using video-chat software, Internet browsers, and word-processing applications are some of the skills you will gain in addition to your formal education. These proficiencies may also impress potential employers.



Will Your Family Support You?



* Explain your reasons for returning to school. Whether you are striving for a big promotion, transitioning to a new career, or simply seeking out a scholarly challenge, your family should understand your motivations.

* Discuss the potential impact on your family's budget. If your return to school means eating out less or forgoing your family's summer trip to Hawaii, be upfront and honest about it.

* Inform your family of your studying needs. If you tell your kids ahead of time that you will need a quiet space to finish homework they will be prepared when you disappear into your office or leave to visit the library.



In addition to tapping your family's emotional support, consider joining an adult student support group in your community or online. A gathering of like-minded students can provide valuable encouragement as you strive toward achieving your degree. "


Kelli Smith is the senior editor of www.Edu411.org. Edu411.org is a career education directory of colleges and universities, career training schools, and technical institutes.

Thursday, April 3, 2008

Polar Bear - Alterations In Sea Ice Threatens The Species

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by Frankie Kangas

Polar Bear adaptation to the cold and unforgiving Northern climate is one of nature's marvels. The dynamic sea ice, where polar bear live, is one of the harshest and most unforgiving climates on the globe.

It's only in modern evolutionary cycle that bears accommodated to arctic sea life. It started about the time of the Ice Age, in the northern seas, when the seals needed to breathe and reproduce at the water's surface. From this, the seals placed a rich year-round food source within reach of a population of brown bears, who then set out to live on the ice, changing into something similar to the polar bear of today, around 100,000 years ago.

Weighing about 330 to 1,760 pounds, the length of the polar bear's body is around 6.6 to 10 feet. The male body is usually heavier than the female. The polar bear, similar to the brown bear, is big and heavyset. It has an long neck and small head. Its fur, typically white, sometimes appears yellow, due to oxidation.

A polar bear has black skin, which aids it's adjustment to the Arctic temperature, absorbing and holding heat from the sunlight. It is decidedly well attired for the weather with a layer of fat more than 4 inches thick, providing good insulation. The thick fur on its feet (its foot is about 9 inches wide and 12 inches long) offers warmth and traction. As each foot is so huge, it acts as a handy snowshoe.

It adjusts well to swimming with its broad feet that serve as paddles and when swimming underwater it lays the little ears flat for protection, and its nostrils close under water. It paddles at about 6 and one-half miles per hour --forepaws only, hind feet trailing--and can stay submerged for about 2 minutes. The hairs of its waterproof coat are hollow which is a good insulator and increases the bear's buoyancy while swimming.

A polar bear has an excellent sense of smell, sensing prey at a distance of about 20 miles. While little is known about its sense of touch (its eyesight and hearing is acute), a polar bear is able to manipulate various objects with great dexterity.

With canine teeth larger and malariform teeth sharper than those of other bears, the polar bear is the most carnivorous North American bear.

A polar bear inhabits Arctic islands, sea ice, and water and continental coastlines. It favors the sea ice habitat, with water channels or cracks through the ice, next to continental coastlines or islands. A lot of polar bears spend part of the year on land, although in warmer climates a bear might become isolated. Most pregnant females spend the autumn and winter on land in maternity dens.

A polar bear moves throughout the year within single home ranges, which tend to be larger than for other mammal species because of the changes in sea ice from year to year and even season to season. Small home ranges (19,000 to 23,000 miles) can be observed near Canadian Arctic Islands, while bigger home ranges can be found in the Bering or Chukchi Sea regions. The polar bear stays in the same area during the same time of year. A polar bear can travel 19 miles or more per day for several days, although some are capable of much more than that. One can only hope that polar bear adaptation will continue, as their habitat area becomes increasingly smaller and the pressures of civilization continue to encroach on the the natural homes where the polar bear dwell.

For more information, check out my blog Polar Bear News. You can also find information at Are You Polar Bear Aware? and Polar Bear Video Showcase

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Wednesday, April 2, 2008

Bachelor Degree Education Equals Educational Excellence

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by Mike Philips

Bachelor Degree Education is a particular program, which serves to fulfill the basic requirements of inadequately educated adults and those looking for a more holistic academic background. The program is split up into various sub sections and broad classes. These are specific programs looking into practical teaching, learning various other kinds of related services. The program splits itself into some broad categories such as:

- Adult and Continuing Education Administration
- Adult and Continuing Education and Teaching
- Agricultural Teacher Education
- Art Teacher Education

There are many universities, which are now offering online accredited degree programs. They are not time consuming, they also save money and most importantly labour and energy. Many students are now signing on for online accredited degree programs and online bachelors degrees.

There are many types of streams like family development studies and survey engagement, both of which are very popular and are in demand from students all over the world. The online degree programs are being recognized as some of the best education facilities offered to students all over the world. Students at various places have now started applying for online degree programs, instead of regular universities courses.

Other programs are degree completion programs, which obviously take care of the education until the degree is completed. The online programs are amazing ways to reach out to all of them who are keen on getting a degree but do not have enough time to attend the regular classes. The distance education programs and online distant education enable all long distance students to benefit directly from these programs.

Universities all over the world have opened up online schools for the benefit of all those who want to derive the best in education. There is provision for regionally accredited college and other types of colleges. These places are good options for students. It has been surveyed that online education programs are growing rapidly in terms of popularity.

The courses available are as follows:

- Online bachelors degree in psychology
- Engineering bachelors degree online
- Online bachelors psychology
- Accredited bachelors degrees online
- Distance learning bachelors degrees
- Bachelors education online
- Doctors degrees online
- Online criminal justice bachelors degree
- Earn bachelors degree online

There is wide range of choice for students queuing up to benefit from these online courses. These courses are good enough to be ranked among the best courses available online. Students who have signed up for the course have been particularly satisfied with the experience. The online courses for criminal psychology, doctor's degrees and the criminal justice courses are especially popular for young hopefuls, who line up to be a part of this education system.

The best part of these courses is that there is no time limit or any other obvious restrictions. People living anywhere in any part of the world can sign up for these courses. The students, who are keen on getting an engineering degree, can also make the most of these courses, while being gainfully employed. Go and enroll in Bachelor Degree Education as it offers this whole gamut of options open for you.

Mike O'Brien offers advice and information about an online bachelor degree . This quality web site is easily navigated with it's simple uncluttered layout design and it has an ever growing selection of online degree and college course information at your fingertips!

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Tuesday, April 1, 2008

Adult Education - 7 Tips to Success in Your College Study

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by Amelia Turner

Many working individuals are returning to continue their college study either offline or online. Most of working individuals are pursuing their career related degree either for the purpose of preparation for job promotion or career advancement. If you have worked for quite some time, returning to college may required some time to adapt yourself to the new learning curve and get yourself to success complete your degree program.

For a working adult that goes back for study, you may find that the greatest challenge for you is find your time to work, live and allocate time for study. Here are 7 tips to maximum your time allocation for study and successfully complete your degree on time.

Tip #1: Bring a long your book where ever you go

For a working adult who is taking courses, time is really constraint for you; you must smartly and fully utilize any free time available. Time spent waiting in line and in the car or time left after lunch hour can be your study time. Hence, always bring along at least a book with you where ever you go so that you can fully utilize any leisure time for your study.

Tip #2: Keep a recorder in your handbag or suitcase

After reading a chapter or a book some time a new idea or solution may come across your mind, if you did not record it immediately, you may not be able to recall it later. Hence, always keep a recorder in your handbag or suitcase so that you can use it to record any new idea, assignment draft or solutions to homework or assignment. If you do have recorder, at least bring along papers and pen, but recorder is very useful if ideas flow and you can't write thing down.

Tip #3: Bookmark important point with post-it note

Once you have finished a chapter, try to summary it into point form and write these points in post-it note and paste it on the top corner of that chapter. These post-it bookmarks will save you a lot of time when you need re-read for examination preparation.

Tip #4: Learn to say "NO"

While pursue your college degree, you should reduce time waited on entertainment and shopping. Sometime, you need to learn how to say "No" when you friend ask you to go out for movie or other entertainment so that you can spend more time for study. Of course, you can't eliminate totally your entertainment time else your life will be boring, just reduce some hours so that you can allocate more time for your study.

Tip #5: Find a study environment that is comfort to you

If you are a kind person that can be interrupted during your study time, then you should find a quite place such as library for study, and during your study time, switch your cell phone to silent mode so that your won't be interrupted by any incoming calls.

Tip #6: Write down notes or highlight important points

While reading a chapter, write down important notes on that chapter or use highlighter to mark the parts that are important so that it will ease your revision and preparation for examination.

Tip #7: Find time to rest & exercise

Don't let yourself to go exhausted. Effective time management to allocate enough time for rest and do a bit of exercise so that you keep your body health and your mind always in refresh condition to absorb the most from your study.

Summary

In order to face your greatest challenge of college degree study and allocate your time effectively for work, live and study, you need to make micro-changes on your living style so that your have the maximum time to study and complete your degree program on time.

Amelia Turner, an educational article writer for http://www.your-online-degree.info You can find more details information and free resources about online business degrees, online education schools, financial aids and other online education programs.

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Monday, March 31, 2008

Context, Background, Meaning

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by Sam Vaknin

I. The Meaning-Egg and the Context-chicken

Did the Laws of Nature precede Nature or were they created with it, in the Big Bang? In other words, did they provide Nature with the context in which it unfolded? Some, like Max Tegmark, an MIT cosmologist, go as far as to say that mathematics is not merely the language which we use to describe the Universe - it is the Universe itself. The world is an amalgam of mathematical structures, according to him. The context is the meaning is the context ad infinitum.

By now, it is a trite observation that meaning is context-dependent and, therefore, not invariant or immutable. Contextualists in aesthetics study a work of art's historical and cultural background in order to appreciate it. Philosophers of science have convincingly demonstrated that theoretical constructs (such as the electron or dark matter) derive their meaning from their place in complex deductive systems of empirically-testable theorems. Ethicists repeat that values are rendered instrumental and moral problems solvable by their relationships with a-priori moral principles. In all these cases, context precedes meaning and gives interactive birth to it.

However, the reverse is also true: context emerges from meaning and is preceded by it. This is evident in a surprising array of fields: from language to social norms, from semiotics to computer programming, and from logic to animal behavior.

In 1700, the English empiricist philosopher, John Locke, was the first to describe how meaning is derived from context in a chapter titled "Of the Association of Ideas" in the second edition of his seminal "Essay Concerning Human Understanding". Almost a century later, the philosopher James Mill and his son, John Stuart Mill, came up with a calculus of contexts: mental elements that are habitually proximate, either spatially or temporally, become associated (contiguity law) as do ideas that co-occur frequently (frequency law), or that are similar (similarity law).

But the Mills failed to realize that their laws relied heavily on and derived from two organizing principles: time and space. These meta principles lend meaning to ideas by rendering their associations comprehensible. Thus, the contiguity and frequency laws leverage meaningful spatial and temporal relations to form the context within which ideas associate. Context-effects and Gestalt and other vision grouping laws, promulgated in the 20th century by the likes of Max Wertheimer, Irvin Rock, and Stephen Palmer, also rely on the pre-existence of space for their operation.

Contexts can have empirical or exegetic properties. In other words: they can act as webs or matrices and merely associate discrete elements; or they can provide an interpretation to these recurrent associations, they can render them meaningful. The principle of causation is an example of such interpretative faculties in action: A is invariably followed by B and a mechanism or process C can be demonstrated that links them both. Thereafter, it is safe to say that A causes B. Space-time provides the backdrop of meaning to the context (the recurrent association of A and B) which, in turn, gives rise to more meaning (causation).

But are space and time "real", objective entities - or are they instruments of the mind, mere conventions, tools it uses to order the world? Surely the latter. It is possible to construct theories to describe the world and yield falsifiable predictions without using space or time or by using counterintuitive and even "counterfactual' variants of space and time.

Another Scottish philosopher, Alexander Bains, observed, in the 19th century, that ideas form close associations also with behaviors and actions. This insight is at the basis for most modern learning and conditioning (behaviorist) theories and for connectionism (the design of neural networks where knowledge items are represented by patterns of activated ensembles of units).

Similarly, memory has been proven to be state-dependent: information learnt in specific mental, physical, or emotional states is most easily recalled in similar states. Conversely, in a process known as redintegration, mental and emotional states are completely invoked and restored when only a single element is encountered and experienced (a smell, a taste, a sight).

It seems that the occult organizing mega-principle is the mind (or "self"). Ideas, concepts, behaviors, actions, memories, and patterns presuppose the existence of minds that render them meaningful. Again, meaning (the mind or the self) breeds context, not the other way around. This does not negate the views expounded by externalist theories: that thoughts and utterances depend on factors external to the mind of the thinker or speaker (factors such as the way language is used by experts or by society). Even avowed externalists, such as Kripke, Burge, and Davidson admit that the perception of objects and events (by an observing mind) is a prerequisite for thinking about or discussing them. Again, the mind takes precedence.

But what is meaning and why is it thought to be determined by or dependent on context?

II. Meaning and Language: it's all in the Mind

Many theories of meaning are contextualist and proffer rules that connect sentence type and context of use to referents of singular terms (such as egocentric particulars), truth-values of sentences and the force of utterances and other linguistic acts. Meaning, in other words, is regarded by most theorists as inextricably intertwined with language. Language is always context-determined: words depend on other words and on the world to which they refer and relate. Inevitably, meaning came to be described as context-dependent, too. The study of meaning was reduced to an exercise in semantics. Few noticed that the context in which words operate depends on the individual meanings of these words.

Gottlob Frege coined the term Bedeutung (reference) to describe the mapping of words, predicates, and sentences onto real-world objects, concepts (or functions, in the mathematical sense) and truth-values, respectively. The truthfulness or falsehood of a sentence are determined by the interactions and relationships between the references of the various components of the sentence. Meaning relies on the overall values of the references involved and on something that Frege called Sinn (sense): the way or "mode" an object or concept is referred to by an expression. The senses of the parts of the sentence combine to form the "thoughts" (senses of whole sentences).

Yet, this is an incomplete and mechanical picture that fails to capture the essence of human communication. It is meaning (the mind of the person composing the sentence) that breeds context and not the other way around. Even J. S. Mill postulated that a term's connotation (its meaning and attributes) determines its denotation (the objects or concepts it applies to, the term's universe of applicability).

As the Oxford Companion to Philosophy puts it (p. 411):

"A context of a form of words is intensional if its truth is dependent on the meaning, and not just the reference, of its component words, or on the meanings, and not just the truth-value, of any of its sub-clauses."

It is the thinker, or the speaker (the user of the expression) that does the referring, not the expression itself!

Moreover, as Kaplan and Kripke have noted, in many cases, Frege's contraption of "sense" is, well, senseless and utterly unnecessary: demonstratives, proper names, and natural-kind terms, for example, refer directly, through the agency of the speaker. Frege intentionally avoided the vexing question of why and how words refer to objects and concepts because he was weary of the intuitive answer, later alluded to by H. P. Grice, that users (minds) determine these linkages and their corresponding truth-values. Speakers use language to manipulate their listeners into believing in the manifest intentions behind their utterances. Cognitive, emotive, and descriptive meanings all emanate from speakers and their minds.

Initially, W. V. Quine put context before meaning: he not only linked meaning to experience, but also to empirically-vetted (non-introspective) world-theories. It is the context of the observed behaviors of speakers and listeners that determines what words mean, he said. Thus, Quine and others attacked Carnpa's meaning postulates (logical connections as postulates governing predicates) by demonstrating that they are not necessary unless one possesses a separate account of the status of logic (i.e., the context).

Yet, this context-driven approach led to so many problems that soon Quine abandoned it and relented: translation - he conceded in his seminal tome, "Word and Object" - is indeterminate and reference is inscrutable. There are no facts when it comes to what words and sentences mean. What subjects say has no single meaning or determinately correct interpretation (when the various interpretations on offer are not equivalent and do not share the same truth value).

As the Oxford Dictionary of Philosophy summarily puts it (p. 194):

"Inscrutability (Quine later called it indeterminacy - SV) of reference (is) (t)he doctrine ... that no empirical evidence relevant to interpreting a speaker's utterances can decide among alternative and incompatible ways of assigning referents to the words used; hence there is no fact that the words have one reference or another" - even if all the interpretations are equivalent (have the same truth value).

Meaning comes before context and is not determined by it. Wittgenstein, in his later work, concurred.

Inevitably, such a solipsistic view of meaning led to an attempt to introduce a more rigorous calculus, based on concept of truth rather than on the more nebulous construct of "meaning". Both Donald Davidson and Alfred Tarski suggested that truth exists where sequences of objects satisfy parts of sentences. The meanings of sentences are their truth-conditions: the conditions under which they are true.

But, this reversion to a meaning (truth)-determined-by-context results in bizarre outcomes, bordering on tautologies: (1) every sentence has to be paired with another sentence (or even with itself!) which endows it with meaning and (2) every part of every sentence has to make a systematic semantic contribution to the sentences in which they occur.

Thus, to determine if a sentence is truthful (i.e., meaningful) one has to find another sentence that gives it meaning. Yet, how do we know that the sentence that gives it meaning is, in itself, truthful? This kind of ratiocination leads to infinite regression. And how to we measure the contribution of each part of the sentence to the sentence if we don't know the a-priori meaning of the sentence itself?! Finally, what is this "contribution" if not another name for .... meaning?!

Moreover, in generating a truth-theory based on the specific utterances of a particular speaker, one must assume that the speaker is telling the truth ("the principle of charity"). Thus, belief, language, and meaning appear to be the facets of a single phenomenon. One cannot have either of these three without the others. It, indeed, is all in the mind.

We are back to the minds of the interlocutors as the source of both context and meaning. The mind as a field of potential meanings gives rise to the various contexts in which sentences can and are proven true (i.e., meaningful). Again, meaning precedes context and, in turn, fosters it. Proponents of Epistemic or Attributor Contextualism link the propositions expressed even in knowledge sentences (X knows or doesn't know that Y) to the attributor's psychology (in this case, as the context that endows them with meaning and truth value).

III. The Meaning of Life: Mind or Environment?

On the one hand, to derive meaning in our lives, we frequently resort to social or cosmological contexts: to entities larger than ourselves and in which we can safely feel subsumed, such as God, the state, or our Earth. Religious people believe that God has a plan into which they fit and in which they are destined to play a role; nationalists believe in the permanence that nations and states afford their own transient projects and ideas (they equate permanence with worth, truth, and meaning); environmentalists implicitly regard survival as the fount of meaning that is explicitly dependent on the preservation of a diversified and functioning ecosystem (the context).

Robert Nozick posited that finite beings ("conditions") derive meaning from "larger" meaningful beings (conditions) and so ad infinitum. The buck stops with an infinite and all-encompassing being who is the source of all meaning (God).

On the other hand, Sidgwick and other philosophers pointed out that only conscious beings can appreciate life and its rewards and that, therefore, the mind (consciousness) is the ultimate fount of all values and meaning: minds make value judgments and then proceed to regard certain situations and achievements as desirable, valuable, and meaningful. Of course, this presupposes that happiness is somehow intimately connected with rendering one's life meaningful.

So, which is the ultimate contextual fount of meaning: the subject's mind or his/her (mainly social) environment?

This apparent dichotomy is false. As Richard Rorty and David Annis noted, one can't safely divorce epistemic processes, such as justification, from the social contexts in which they take place. As Sosa, Harman, and, later, John Pollock and Michael Williams remarked, social expectations determine not only the standards of what constitutes knowledge but also what is it that we know (the contents). The mind is a social construct as much as a neurological or psychological one.

To derive meaning from utterances, we need to have asymptotically perfect information about both the subject discussed and the knowledge attributor's psychology and social milieu. This is because the attributor's choice of language and ensuing justification are rooted in and responsive to both his psychology and his environment (including his personal history).

Thomas Nagel suggested that we perceive the world from a series of concentric expanding perspectives (which he divides into internal and external). The ultimate point of view is that of the Universe itself (as Sidgwick put it). Some people find it intimidating - others, exhilarating. Here, too, context, mediated by the mind, determines meaning.

Sam Vaknin ( http://samvak.tripod.com ) is the author of Malignant Self Love - Narcissism Revisited and After the Rain - How the West Lost the East. He served as a columnist for Central Europe Review, Global Politician, PopMatters, eBookWeb , and Bellaonline, and as a United Press International (UPI) Senior Business Correspondent. He was the editor of mental health and Central East Europe categories in The Open Directory and Suite101. Visit Sam's Web site at http://samvak.tripod.com

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