由於概括條款欠缺明確的構成要件，其適用方法即有異於其他規定，本文係在探討概括條款具體化時合適的法學方法，並且以信用卡定型化契約之內容控制為例加以說明。 司法判決曾有認為信用卡循環息約款違反消費者保護法第12條第1項規定之誠信原則，但該判決經上訴後遭高院廢棄，現行司法實務見解在該問題上多與高院見解相同。事實上，該2判決結論的不同，起因於該2判決對相同事實有不同的評價，以及其分別使用不同的法學方法。是以引發幾項問題，包含該「評價」在法學方法中的意義為何？其所使用的法學方法有無學理之依據？ 法律適用過程必須對事實作出「評價」可以在「價值法學」中找到其意義，由此也彰顯了其與傳統法學方法的不同。雖然「評價」無法避免其主觀性，但「價值法學」仍要求評價應儘量求其客觀，所以發展一個有助於評價活動客觀化的法學方法有其必要性。本文嘗試在所舉的案例中操作Larenz的法學方法，發現其方法仍有不足之處，進而思考「法律論證」可以提供的助益。 依學理之觀察，「法律論證」有助於評價活動的客觀化。在主要幾種法律論證方法中，本文認為「論題學」（類觀點學）應該是最適合運用於本案的方法之一，其與傳統法學方法的根本差異在於其本質為「修辭式推理」及「問題導向論證」。學理也認為，在論題學的各種觀點中，「結果」具有相當程度的重要性，所以本文介紹了學理上關於「結果考量」（後果考量)之論述，並建議其得與論題學結合運用。 / The method of applying general clauses is different from the method of applying other clauses due to general clauses are short of requisite elements. This Essay is discussing the methodology of materializing general clauses in jurisprudence and taking judicial review of the provisions in the credit card pre-formulated standard contracts for an example. There was a judicial judgment awarded the revolving interest clause in the credit card pre-formulated standard contracts violate good faith principle in Consumer Protection Act article 12, section 1. However, the judgment was abandoned by the High Court. Now, almost all the courts’ perspectives about the issue are the same as the High Court. In fact, the different outcomes of the two judgments resulted from the different “evaluations” of the case fact and the different legal methods used in the judgments. The observation inspire us: what is the meaning of the evaluation in the legal method? Is there any academic basis for the legal method used in the judgments? For “Jurisprudence of Evaluation”, evaluations are necessary when we applying provisions of the law. That is different from the traditional legal method. Although evaluations cannot be objective purely, Jurisprudence of Evaluation still requires evaluations as objective as possible. That’s why it’s necessary to improve the legal method to comply with the requirement. This essay also tries to use Larenz's legal method in the case mentioned before to figure out the shortcomings of the method and reflects on the advantages of “Legal Argumentation”. According to academic research, Legal Argumentation is helpful to objective evaluations. In several methods of Legal Argumentation, this essay takes up the position that “Topic Argument” should at least be one of the best to the case mentioned before. The radical difference between Topic Argument and traditional legal method is that the former's essential is “Rhetorical Inference” and “Problem-oriented Argument”. Besides, according to academic research, “consequence” is a quite important perspective when we use Topic Argument. Therefore, this essay introduces “Consequentialist Argument” and proposes it can be used with Topic Argument.

Thesis (MA (African Languages))--University of Stellenbosch, 2007. / This study explores semantic analysis of motion verb-hamba in IsiXhosa. In chapter 1 I have stated the aim of the study. I have discussed properties related to the lexical semantic analysis of the verb-hamba as well as Pustejovsky’s theory of the Generative Lexicon. The theoretical framework and the organization of study are also discussed in this chapter. Chapter 2 addresses in more detail the type system for semantics. A generative theory of the lexicon includes multiple levels of representation for different types of lexical information needed. These levels include Argument Structure, Event Structure, Qualia Structure and Lexical Inherent Structure. In this chapter there is a more detailed structure of the qualia and the role they play in distributing the functional behavior of words and phrases in composition. In chapter 3 I have examined the lexical semantic analysis of the verb-hamba to account for the range of selectional properties of the NP phrase subject argument of the verb-hamba and various interpretations that arise in terms of composition with its complement arguments. The polysemous behavior of the verb-hamba is examined in sentence alternation constructions with respect to the properties of the event structure. I have also investigated the lexical representation in terms of argument structure and the event structure of the verb-hamba in different sentences. Chapter 4 is the conclusion, summarizing the findings of all the previous chapters in this study on lexical semantic analysis of the motion verb-hamba in IsiXhosa. This is followed by word lists that contain meanings of words in the context in which they are used.

The main purpose of this study is to investigate the properties of selected monotransitive verbs in Northern Sotho as regard their argument structure and event structure. These Northern Sotho verbs will be examined within the general theoretical framework of Generative Lexicon Theory postulated by Pustejovsky (1996). This theory is in essence concerned with the account of word meaning as it relates to lexical semantic properties of lexical items in composition with other lexical items in a sentence. The arguments of the Northern Sotho verbs examined will include an agentive subject argument, the external argument, and a patient/theme object argument, the internal argument. In addition, a locative internal argument occurs in the sentences, which may have the status of a true argument, a shadow argument, or a default argument, in Pustejovsky’s classification of arguments. The Northern Sotho verbs examined demonstrate accomplishment events in that they entail a change of state and are telic (i.e. they have a logical culmination or endpoint). This telicity property of the verb is often the result of the occurrence of the internal arguments, i.e. the patient/theme argument and locative argument of the verb. The verb classes examined for Northern Sotho include (i) verbs of putting, (ii) verbs of removing, (iii) verbs of sending and carrying, (iv) verbs of exerting force/push/pull verbs), (v) verbs of change of possession, (vi) learn verbs, (vii) verbs of throwing, (viii) verbs of contact by impact, (ix) verbs of cutting, (x) verbs of separating and disassembling, (xi) verbs of creation and transformation, (xii) verbs of communication, (xiii) verbs of ingesting, (xiv) verbs of change of state, and (xv) verbs of motion.

在這篇論文裡，我們將要討論一類古典的問題，這類問題已經經由許多方法解決，例如：遞迴關係式、差分方程式、尤拉公式等等。接著我們歸納低維度的特性，並藉由定義出一組方程式-標準n維空間分割系統-來推廣這些特性到一般的$n$維度空間中。然後我們利用演算法來提供一個更直接的組合論證法。最後，我們會把問題再細分成有界區域與無界區域的個數。 / In this article, we will discuss a class of classical questions had been solved by Recurrence Relation, Difference Equation, and Euler's Formula, etc.. And then, we construct a system of equations -Standard Partition System of n-Dimensional Space- to generalize the properties of maximizing the number of regions made up by k partitioner in an n-dimensional space and look into the construction of each dimension. Also, we provide a more directly Combinatorial Argument by Algorithm for this kind of question. At last, we focus on the number of bounded regions and unbounded regions in sense of maximizing the number of regions.

有鑑於肥胖人口激增，減重需求大增，瘦身減肥一直是女性所關注的議題之一。然而，瘦身減肥意味著某些潛在的衝突，例如：少吃多動、美麗自信與損害健康等矛盾情結，這種矛盾情結正是雙岐態度的特徵。態度包含了情感、認知、行為意圖三種層面，在預測閱聽人的行為意圖時，態度往往是最佳指標。過去的研究發現雙岐態度的高低會影響閱聽人的訊息處理途徑，因此本研究企圖以雙岐態度理論與推敲可能性模式（elaboration-likelihood model，簡稱ELM）來解釋廣告訊息的強弱如何透過雙歧態度而影響廣告效果。 研究結果主要發現，廣告訊息的強弱論點有穩定且一致的主要效果，表示強論點的廣告訊息在廣告、瘦身與產品態度三方面都會產生較正向的評價。雙歧態度高低則無顯著差異，而在部分條件下，強弱論點與雙歧雙歧的交互作用達顯著差異，也就是說低雙歧的人對於強論點的廣告訊息有較正向的廣告效果反應，顯示出雙歧態度對廣告訊息的調節作用。此外，瘦身產品的物理或化學性質對瘦身廣告與瘦身產品的態度都顯著性的影響，女性對於化學性質的瘦身產品有較佳的廣告態度與產品態度。本研究結果隱含著雙歧態度未來研究發展之建議與廣告行銷上的實務策略，雙歧理論仍有待後續研究考證；而行銷業者則必須注意廣告訊息的編碼是否有效，另外，消費者與閱聽人的態度不僅是行為的最佳指標，也是調節廣告效果的要重因素。最後提出研究限制與後續研究發展。 / According to the increase of fatness population and the need of weight-loss, women always pay close attention to reduce weight. However, to lose weight means some potential conflicts, such as less assimilate and more exercise；beauty, confidence and the risk of ruin health. This kind of contradictory complexes are the typical characteristic of ambivalence attitude. On predicting the behavior attention of the audience , the best index is attitude which is composed of affection, cognition, and behavior. Past research has found the level of ambivalence influence the information process of the audience, for this reason, the present research designs to integrate ambivalence attitude and ELM to explain how the argument of AD influence the effects of AD by ambivalence. The main results of the study show the strong arguments of AD are stable and consistency and the ambivalence attitude have no impacts on the effect of AD. In particular situation, the ambivalence attitude has moderation on AD effects. Moreover, the attribution of weight-loss products made some differences evaluation on AD attitudes and product attitudes. The datum reveal women preference chemical weight-loss products, favor chemical weight-loss AD. The results imply that the improvement of ambivalence theory and the suggestions on practical marketing. Further, the attitude of the audience is not only the best index of behavior, but also the significant factor on moderating the AD effects. In conclusion, address the restriction of the present study and the direction of follow-up research.

In this thesis, I describe and evaluate two recent accounts of naming. These accounts are motivated by Kripke?s response to Russell?s Description Theory of Names (DTN). Particularly, I consider Kripke?s Modal Argument (MA) and various arguments that have been given against it, as well as Kripke?s responses to these arguments. Further, I outline a version of MA that has recently been presented by Scott Soames, and consider how he responds to the criticisms that the argument faces. In order to evaluate the claim that MA is decisive against all description theories, I outline the Nominal Description Theory (NDT) put forth by Kent Bach and consider whether it constitutes a principled response to MA. I do so by exploring how Bach both responds to Kripke?s arguments against descriptivism and highlights the problems with rigid designation as a purely semantic thesis. Finally, I consider the relative merits of the accounts put forth by Bach and Soames. Upon doing so, I argue that MA is not as decisive against description theories as it has long been thought to be. In fact, NDT seems to provide a better account of our uses of proper names than the rigid designation thesis as presented by Kripke and Soames.

This dissertation attempts to deepen our understanding of teachers’ work and professionality, which involves not only their reasoning about what to teach and how to teach it, but also of what it is that makes education possible. This is accomplished by exploring a highly influential, if underestimated and under-researched, dimension of teacher practice and professionality: the relational dimension, involving the establishment and maintenance of educational relationships with and among students. In the imperatives and challenges of the 21st century the importance of highlighting the relational dimension seems to be a concern of increasing importance. Through interviews and observation that have generated the empirical material, the relational practices of eleven teachers are analyzed in accordance with a particular methodological scheme. Apart from providing a descriptive mapping of these practices, this study presents the practical arguments given by informants to substantiate their use. The numerous examples of relational practices and practical arguments that are herein provided serve to empirically confirm the pervasive relational character of a teacher’s work. What emerges is an understanding of an educational relationship, established and maintained by practices that seek genuine human contact with students, and that views relational attributes such as trust, social justice, benevolence, empathy and openness to the other as being of vital importance to the entirety of the educational process. In addition, the practices involving enacting educational communities among students, are shown to have significance for the educational process. What emerges as well is a conception of relational professionality as something that can be learned, meaning that teachers are made, not born. Moreover, “being professional” is here conceived, in pedagogical rather than sociological terms, as something that involves the quality of a teacher’s actions rather than the fact that s/he belongs to a particular profession. The findings of this study strongly suggest that relationships in schools often require conscious attention, rigorous work and delicate negotiations on the part of teachers in order to be (or become) educational. The process of education is sustained by an array of subtle relational conditions. The attempt of the teacher to deal with these conditions requires specific professional experience, understandings and practices.

The aim of this thesis is to define the essential syntactic-semantic properties of three types of objectless sentences in present-day Swedish. The three types of objectless sentences are labeled descriptively as follows: Implicit Object Read type (IOR) with pseudo-transitive verbs like läsa ‘read’; Implicit Object Open type (IOO), which involves various sets of transitive verbs like öppna ‘open’ and bära ‘carry’; and Implicit Object Kill type (IOK), which typically involves destruction verbs like döda ‘kill’. The study is framed within Ramchand’s (2008) syntactic model with a three-partite decomposed verb phrase, which distinguishes between two types of objects: RHEMES, which are inserted into a complement position in the verb phrase, and UNDERGOERS, which are inserted into a specifier position. In this work, IOR is argued to be an objectless version of pseudo-transitive verbs with optional RHEMES, whereas IOO and IOK are argued to involve ‘true’ transitive verbs with omitted UNDERGOER objects. As a consequence, the IOR verbs are analyzed as sharing their structure with some verbs usually regarded as intransitive, such as springa ‘run’ and arbeta ‘work’, which can also marginally take RHEME objects. This opens up for a discussion on the transitive- intransitive distinction and the object status of RHEMES, as well as a discussion of lexical knowledge versus encyclopedic knowledge. The distinction of optional RHEMES and syntactically obligatory UNDERGOER objects is argued to arise from event structural differences among sets of verbs, as well as from different verb-object relations that are made possible within the three-partite verb phrase. The structural verb-object relations are argued to be influenced further by encyclopedic associations of particular verbs and by knowledge about the world. In contrast to IOR, IOO and IOK are both argued to involve the omission of an UNDERGOER object of a true transitive verb. In the case of IOO, the object referent is salient and specific, whereas for IOK, the object referent is non-specific. Thus, the restriction on IOO as well as on IOK can be informally phrased in terms of the object only being omissible if it is interpretable, or somewhat more formally, if the free variable can be bound. However, the variable binding is assumed to occur in two distinct ways, further motivating the distinction of IOO and IOK. Whereas the free variable of an IOO object is pragmatically bound, the variable of an IOK object is instead bound by an existential operator above the VP.

Cette thèse propose un discours théorique sur la médiation fictionnelle, notamment dans les romans de notre corpus. Dans une perspective rhétorique, la recherche consiste à étudier le processus de mise en œuvre de la signification dans les œuvres littéraires. La communication y apparaît non pas comme une donnée stable et simple que l’on pourrait réduire à des manifestations formelles ou encore à des contenus sociohistoriques, mais comme un ensemble d’exigences cohérent qui définissent les termes, sinon les modalités d’une coopération entre l’écrivain et le lecteur. La réflexion s’organise en trois parties.La première partie consiste à identifier la question dont l’énoncé romanesque est la réponse. Elle permet d’arborer, sous forme de thème, les grands axes de l’argumentation narrative, partant les enjeux de la communication dans chaque roman.Dans la seconde partie, il s’agit d’analyser les choix formels de l’énoncé et de montrer sur quels modes et à quelle fin idéologique la contribution du lecteur est sollicitée. En fait, c’est la stratégie discursive qui définit la modalité de communication et caractérise le régime de fonctionnement de la médiation dans une œuvre littéraire.L’idée centrale de la troisième partie consiste à montrer la compétence épistémologique qu’un écrivain confère à l’œuvre littéraire et la capacité du lecteur à l’identifier. Les théories qui deviennent des viviers épistémologiques de la littérature apparaissent comme des réductionnismes et de véritables obstacles au plaisir de lire ou de faire résonner avec justesse la signification d’une œuvre d’art. / This thesis proposes a theorical discourse on the fictional mediation, more particularly in the novels of our corpus. From a rhetorical perspective, the research consists in studying the process of implementation of the signification in the literary works. The communication appears to it not as a stable and simple datum which we could reduce to formal appearances or still to sociohistorical contents, but as a set of coherent requirements wich specify the terms, otherwise the modalities of the argumentative cooperation between the writer and the reader. The thiking is composed of three parts.The first part consists in indentifiying the question of wich the fiction statement is the answer. It allows to raise, in thematic form, the main axes of the narrative line of argument, consequently the issues of the communication in each novel.The second part deals with the analysis of the formal choices of the statement and it shows on which modes and what ideological end the contribution of the reader is requested. In fact, it’s the discursive strategy wich defines the method of communication and characterizes the functioning of mediation in a literary work.The central idea of the third part is to show the epistemological skill that a writer gives to the literary work and the reader’s ability to identify it. The theories wich become epistemological pools appear as reductionisms and as real obstacles to the pleasure to read or to make pertinently resound the significance of a work art.

According to American philosopher W. W. Bartley, the transition from tradi- tional Aristotelian to Boolean logic is a revolutionary milestone in the history of logic. The work of George Boole which was followed by a developement of a mathematicaly oriented logic brings a shift of paradigm. In my thesis I follow the period in which the shift is said to have happened. I explicate the elements of syllogistic and its main conceptions as expounded in a textbook The Rudiments of Logic written by Henry Aldrich. Furthermore I demon- strate logical systems of three authors: Archbishop Richard Whately, George Boole and Lewis Carroll. I accent the connection of those systems and the practical aspect of logic. With this in mind I consider Bartley's statement and estimate the role of the rules in the systems and its possible use in three domains circumscribed in Aldriches book: simple apprehension, judgement and discourse. 1