Traditional theories of domestic distributive justice take two claims for granted. (1) State territorial borders place legitimate limits on the scope of obligations of distributive justice, i.e., there is an obligation to distribute goods within our territory but not beyond our territory. (2) States have a need for and a legitimate claim to exclusive territorial jurisdiction. Given increasing globalization and the recent prominence of international theories of distributive justice, it is now obvious that these two claims cannot be taken for granted. Theories of distributive justice must explain how and why state borders affect distributive obligations.In this dissertation I argue that state borders serve fundamental values in a liberal theory of justice. As such, state borders are morally relevant to a theory of justice. I argue for a Lockean theory of territory; state territory is justified because it serves four fundamental Lockean values of need, efficiency, the labor theory of desert, and self-determination. State borders mark the boundaries of a state's autonomous territory. State territory, and the borders that mark the boundaries of that territory, are valuable in a liberal theory of justice. This conclusion has implications for the answer to the question: what is owed to foreigners? The fundamental values served by the state's right to territory also support the state's right to control the natural resources within its territory and the state's right to control benefits that flow from the resources within the territory. This means that the state has a right to distribute the benefits from the resources within its territory and (to some degree) to exclude foreigners from these benefits.

This thesis investigates non-arbitrariness in novel sets of signs (mappings between signals and meanings). Two common ways of characterizing signs – by the degree of motivatedness they exhibit and by the degree of systematic compositionality they exhibit – are not necessarily orthogonal. Thus, the emergence of arbitrariness and of systematic compositionality in language should be studied together. We focus on a particular interface of the two properties: the systematic re-use of arbitrary elements. Previous work that demonstrates how novel signs can emerge and then evolve to become arbitrary does not measure systematic compositionality. On the other hand, previous work on systematic compositionality proposes a mechanism for the evolution of systematic compositionality and a measure of the property, but does not address the evolution of arbitrariness. We propose a parallel theory of the emergence of the systematic re-use of arbitrary elements. Systematic compositionality emerges in novel, motivated signs and is maintained as the signs become arbitrary. We report a series of experiments that probe how the systematic re-use of arbitrary elements arises in novel communication systems. In Experiment 1, partners must create signs from scratch to communicate about items that share semantic features. The systematic re-use of arbitrary elements emerges. Further, the evolution of arbitrariness and systematic compositionality are parallel: even participants’ first drawings of items are systematically compositional, and this systematic compositionality is maintained as the signs become arbitrary. Experiment 2 demonstrates that naïve participants, who played no role in – indeed, did not even observe – the creation of the sign systems, can nonetheless detect the systematic compositionality in them and generalize from it. Experiment 3 shows that participants actually do make use of the systematic re-use of arbitrary elements that they observe in others’ sign systems, when faced with the task of communicating (rather than learning and reproducing). The systematic compositionality is not only maintained, but appears to be increasing, over generations of participants observing others’ signs. The increase in systematic compositionality occurs when pairs create signs for items they have not observed – presumably, as they generalize using the systematic compositionality they have observed. In sum, we present an alternative mechanism for the emergence of the systematic reuse of arbitrary elements: arbitrariness and systematic compositionality emerge in a parallel fashion within the dyad, and subsequent communicators maintain – or even increase – the structure they have observed. More generally, we demonstrate the importance of examining arbitrariness and systematic compositionality together.

<p>The aim of this essay is to examine whether language is iconic or arbitrary in the issue of onomatopoeia, i.e. whether animal sounds are represented in the same way in different languages. In addition, I will also look at onomatopoeical words which have been conventionalised, when the meaning broadened and they finally became part of ordinary language.</p><p>It can be stated that arbitrary signs have slowly taken over as different languages have developed, but the reason why is a topic for discussion – is there a scientific cause, based on the theory of evolution, or an explanation found in religious myths? Whatever the reason is, it is not likely that iconicity will vanish totally. It is connected to human neurophysiology and an ancient part of language, a natural resemblance between an object and a sign which can exist in different forms. Onomatopoeia is one example of iconic signs, an object named after the sound it produces, and according to one theory conventionalised imitations is actually the origin of language. Nevertheless, there are two main categories – language being either iconic or arbitrary. Regarding onomatopoeia, my results suggest that language is only iconic to a limited extent. English and Swedish have some common representations of animal sounds, but the languages also differ in many ways. Conventionalising seems common in both languages and many of the words in my survey have been incorporated in dictionaries, representing more than only the sound of a certain animal.</p>

This thesis centres around a sensory theory of protolanguage emergence, or STP. The STP proposes that shared biases to make associations between sensory modalities provided the basis for the emergence of a shared protolinguistic lexicon. Crucially, this lexicon would have been grounded in our perceptual systems, and thus fundamentally non-arbitrary. The foundation of such a lexicon lies in shared cross-modal associations: biases shared among language users to map properties in one modality (e.g., visual size) onto another (e.g., vowel sounds). While there is broad evidence that we make associations between a variety of modalities (Spence, 2011), this thesis focuses specifically on associations involving linguistic sound, arguing that these associations would have been most important in language emergence. Early linguistic utterances, by virtue of their grounding in shared cross-modal associations, could be formed and understood with high mutual intelligibility. The first chapter of the thesis will outline this theory in detail, addressing the nature of the proposed protolanguage system, arguing for the utility of non-arbitrariness at the point of language emergence, and proposing evidence for the likely transition form a non-arbitrary protolanguage to the predominantly arbitrary language systems we observe today. The remainder of the thesis will focus on providing empirical evidence to support this theory in two ways: (i) presenting experimental data showing evidence of shared associations between linguistic sound and other modalities, and (ii) providing evidence that such associations are evident cross-linguistically, despite the predominantly arbitrary nature of modern languages. Chapter two will examine well-documented associations between vowel quality and physical size (e.g., /i/ is small, and /a/ is large; Sapir, 1929). This chapter presents a new experimental approach which fails to find robust associations between vowel quality and size absent the use of a forced choice paradigm. Chapter three turns to associations between linguistic sound and shape angularity, taking a critical perspective on the classic takete/maluma experiment (Kohler, 1929). New empirical evidence shows that the acquisition of visual word forms plays a highly influential role in mediating associations between linguistic sound and angularity, but that associations between linguistic sound and visual form also play a minor role in auditory tasks. Chapter four will examine a relatively unexplored modality: taste. A simple survey which asks participants to choose non-words to match representative tastes shows that certain linguistic sounds are preferred for certain food items. In a more detailed study, we use a more direct perceptual matching task with actual tastants and synthesises speech sounds, further showing that people make robust shared associations between linguistic sound and taste. Chapter five returns to the visual modality, considering previously unexmained associations between linguistic sound and motion, specifically the feature of speed. This study demonstrates that people do make robust associations between the two modalities, particularly for vowel quality. Chapter six will aim to take a different empirical approach, considering non-arbitrariness in natural language. Motivated by the experimental data from the previous chapters, we turn to corpus analyses to assess the presence of non-arbitrariness in natural language which concurs with behavioural data showing linguistic cross-modal associations. First, a corpus analysis of taste synonyms in English shows small but significant correlations between form and meaning. With the goal of addressing the universality of specific sound-meaning associations, we examine cross-linguistic corpora of taste and motion terms, showing that particular phonological features tend to connect to certain tastes and types of motion across genetically and geographically distinct languages. Lastly, the thesis will conclude by considering the STP in light of the empirical evidence presented, and suggesting possible future empirical directions to explore the theory more broadly.

Esta dissertação de mestrado se propõe a analisar a discricionariedade nos processos decisórios das Agências Reguladoras e, em especial, da ANATEL, em um contexto de transformações na relação Estado - sociedade civil, no qual se evidencia espaço alargado de atuação estatal na mediação ativa de interesses legítimos. A ampliação dos bordes da discricionariedade administrativa propicia, na mesma proporção, o aumento do risco de cometimento de arbitrariedades pelas autoridades públicas e, especificamente, pelo regulador setorial. O regulado apresenta-se, assim, em condição de hiposuficiência com relação ao regulador. A casuística da ANATEL evidencia a inexistência de parâmetros concretos e objetivos que possibilitem o acompanhamento do processo formativo de suas decisões regulatórias discricionárias e a sua eventual confrontação pelos interessados e pelos órgãos de fiscalização, especialmente, pelo Poder Judiciário. Temos a convicção de que a discricionariedade nos processos decisórios declaratórios das Agências Reguladoras, no âmbito do exercício da mediação ativa de interesses legítimos contrapostos, não é incondicionada e ilimitada, está subsumida à ordem jurídica. Da mesma forma, acreditamos que as escolhas administrativas (e regulatórias) devem ser previsíveis e passíveis de amplo e objetivo controle pelos interessados e pelo Poder Judiciário. Estas afirmações, entretanto, quando provadas no âmbito do controle judicial das decisões regulatórias discricionárias não podem ser aferidas, caso a caso. Isso porque, ainda, se propugna por um núcleo do ato administrativo insindicável (mérito) e pela preponderância, indistintamente, das decisões das Agências Reguladoras com relação às decisões judiciais, em razão de sua tecnicidade. A definição, pois, de parâmetros concretos e objetivos para o acompanhamento da formação das decisões regulatórias discricionárias e para a sua confrontação judicial contribuem para identificar e inibir eventuais arbitrariedades do regulador e fortalecer a atuação da ANATEL e o seu controle pelos interessados e pelo Poder Judiciário. Com esta finalidade, ao final deste trabalho, propomos os seguintes parâmetros objetivos: (i) a vinculação aos precedentes da ANATEL; (ii) a motivação positiva e negativa de todos os atos do processo decisório; (iii) a transparência do processo decisório; e (iv) a efetividade e o prognóstico da efetividade das decisões regulatórias discricionárias. / This essay intends to analyze the discretionary in the decision making processes of regulatory agencies and, in particular, ANATEL, in a context of changes in the relationship between state and civil society, in which it shows enlarged area of state action in the active mediation of interests legitimate. The expansion of the administrative discretion edges provides, in the same proportion, the increased the risk of committing arbitrary acts by public authorities and, specifically, the regulator. The regulated is presented thus in a weakness position with respect to the regulator. The precedents of ANATEL demonstrates that do not exist concretes and objectives parameters that allow the monitoring of the formation process of their discretionary regulatory decisions and their possible confrontation by the parties and the control entities, especially by the judiciary. We are convinced that the discretion in decision making processes of regulatory agencies, in the exercise of active mediation of legitimate interests opposed, is not unconditional and unlimited, is under law. Likewise, we believe that the administrative choices (and regulatory) should be predictable and subject to extensive and objective control by the parties and the judiciary. These statements, however, when tested in the context of judicial review of discretionary regulatory decisions can not be measured in each case. This is because, part of the administrative doctrine argue that remains a core of the administrative act which is not under control by the judiciary and the preponderance, indistinctly, the decisions of regulatory agencies with respect to judicial decisions, due to your technicality. The definition, therefore, concrete and objective parameters for monitoring the formation of discretionary regulatory decisions and for their judicial confrontation help to identify and inhibit possible arbitrariness of the regulator and strengthen the activities of ANATEL and its control by the parties and the judiciary. To this end, we propose the following objective parameters: (i) the binding precedents of ANATEL (ii) positive and negative motivation of all acts of decision making, (iii) the transparency of decision making; and (iv) the effectiveness and prognosis of the effectiveness of discretionary regulatory decisions.

This study focuses on the influence of mitigating circumstances on the sentencing outcome before and after the McKoy (1990) decision. In McKoy (1990) the Supreme Court decided that the jurors did not have to find mitigating circumstances unanimously. Results are reported based on a sample of North Carolina first-degree murder cases where the state sought the death penalty. Logistic regression is used to determine the importance of mitigating circumstances as predictors of jury decision-making in North Carolina, controlling for the variety of other factors that influence that decision. The descriptive statistics show that the average number of mitigating circumstances submitted and accepted had doubled in the post-McKoy cases. At the same time, the number of aggravating circumstances presented and submitted stayed about the same. The analysis then moved to the consideration of the impact of mitigating circumstances, and whether there had been a change between the two eras. Separate logistic regression analysis revealed that there had indeed been a shift in the effects of aggravation and mitigation, but no in the manner that might have been anticipated, Specifically, in the post-McKoy era, mitigating circumstances had a diminished impact on the probability of a death sentence while, conversely, aggravating circumstances carried an increased impact.

<p>The focus of this essay is on examining the meanings of the <em>onomatopoeia</em> (sound imitating words) <em>snap, crack</em> and <em>pop</em>. Previous studies on onomatopoeia and sound symbolism are used to define the terms and create a model for an alternative categorization of these meanings. This model is then applied in a corpus study, conducted on the COCA (Corpus Of Contemporary American English) and BYU-BNC (The British National Corpus) corpora, to find a way to more accurately describe the meanings and functions of these words.  For this purpose the context in which <em>snap, crack</em> and<em> pop</em> are used is also addressed by observing how frequently they occur in formal and informal texts and which adjectives and adverbs frequently modify them. In the study it was discovered that these three words took on many different meanings that would be hard to list separately in a dictionary. These meanings did follow a pattern linked to the properties associated with the word. The study found <em>snap, crack and pop</em> to be informal words with a tendency to add emotion or effect to a statement. It is therefore concluded that sorting onomatopoeia by sound and non sound-related meaning and describing the informal characteristics of these words leads to a greater understanding of how they are used.</p><p> </p><p>Keywords: Arbitrariness, <em>crack</em>, emotive, ideophones, mimetics, mimes, non-arbitrariness, onomatopoeia, phenomimes, phonomimes, <em>pop</em>, psychomimes, register, semantics, <em>snap</em>, sound symbolism and style.</p>

The aim of this paper is to analyze Wittgenstein’s philosophical grammar in the Middle Period. The paper examines the thesis that grammar is not responsible for reality. It investigates the role that rules play in this context and how they determine meaning. Special focus shall be put on arbitrary rules. Therefore, we shall develop a thesis of vagueness with special emphasis on perspicuous representation. / Este trabajo analiza la propuesta wittgensteiniana acerca de la gramática filosófica en el período intermedio. Se estudia la tesis general de que la gramática no es responsable de la realidad. Seguidamente, se analiza el papel que juegan las reglas y cómo determinan el significado. Se indaga acerca del papel arbitrario de las reglas. Para ello se desarrolla la tesis de la vaguedad y el papel que juega la representación perspicua.

Esta dissertação de mestrado se propõe a analisar a discricionariedade nos processos decisórios das Agências Reguladoras e, em especial, da ANATEL, em um contexto de transformações na relação Estado - sociedade civil, no qual se evidencia espaço alargado de atuação estatal na mediação ativa de interesses legítimos. A ampliação dos bordes da discricionariedade administrativa propicia, na mesma proporção, o aumento do risco de cometimento de arbitrariedades pelas autoridades públicas e, especificamente, pelo regulador setorial. O regulado apresenta-se, assim, em condição de hiposuficiência com relação ao regulador. A casuística da ANATEL evidencia a inexistência de parâmetros concretos e objetivos que possibilitem o acompanhamento do processo formativo de suas decisões regulatórias discricionárias e a sua eventual confrontação pelos interessados e pelos órgãos de fiscalização, especialmente, pelo Poder Judiciário. Temos a convicção de que a discricionariedade nos processos decisórios declaratórios das Agências Reguladoras, no âmbito do exercício da mediação ativa de interesses legítimos contrapostos, não é incondicionada e ilimitada, está subsumida à ordem jurídica. Da mesma forma, acreditamos que as escolhas administrativas (e regulatórias) devem ser previsíveis e passíveis de amplo e objetivo controle pelos interessados e pelo Poder Judiciário. Estas afirmações, entretanto, quando provadas no âmbito do controle judicial das decisões regulatórias discricionárias não podem ser aferidas, caso a caso. Isso porque, ainda, se propugna por um núcleo do ato administrativo insindicável (mérito) e pela preponderância, indistintamente, das decisões das Agências Reguladoras com relação às decisões judiciais, em razão de sua tecnicidade. A definição, pois, de parâmetros concretos e objetivos para o acompanhamento da formação das decisões regulatórias discricionárias e para a sua confrontação judicial contribuem para identificar e inibir eventuais arbitrariedades do regulador e fortalecer a atuação da ANATEL e o seu controle pelos interessados e pelo Poder Judiciário. Com esta finalidade, ao final deste trabalho, propomos os seguintes parâmetros objetivos: (i) a vinculação aos precedentes da ANATEL; (ii) a motivação positiva e negativa de todos os atos do processo decisório; (iii) a transparência do processo decisório; e (iv) a efetividade e o prognóstico da efetividade das decisões regulatórias discricionárias. / This essay intends to analyze the discretionary in the decision making processes of regulatory agencies and, in particular, ANATEL, in a context of changes in the relationship between state and civil society, in which it shows enlarged area of state action in the active mediation of interests legitimate. The expansion of the administrative discretion edges provides, in the same proportion, the increased the risk of committing arbitrary acts by public authorities and, specifically, the regulator. The regulated is presented thus in a weakness position with respect to the regulator. The precedents of ANATEL demonstrates that do not exist concretes and objectives parameters that allow the monitoring of the formation process of their discretionary regulatory decisions and their possible confrontation by the parties and the control entities, especially by the judiciary. We are convinced that the discretion in decision making processes of regulatory agencies, in the exercise of active mediation of legitimate interests opposed, is not unconditional and unlimited, is under law. Likewise, we believe that the administrative choices (and regulatory) should be predictable and subject to extensive and objective control by the parties and the judiciary. These statements, however, when tested in the context of judicial review of discretionary regulatory decisions can not be measured in each case. This is because, part of the administrative doctrine argue that remains a core of the administrative act which is not under control by the judiciary and the preponderance, indistinctly, the decisions of regulatory agencies with respect to judicial decisions, due to your technicality. The definition, therefore, concrete and objective parameters for monitoring the formation of discretionary regulatory decisions and for their judicial confrontation help to identify and inhibit possible arbitrariness of the regulator and strengthen the activities of ANATEL and its control by the parties and the judiciary. To this end, we propose the following objective parameters: (i) the binding precedents of ANATEL (ii) positive and negative motivation of all acts of decision making, (iii) the transparency of decision making; and (iv) the effectiveness and prognosis of the effectiveness of discretionary regulatory decisions.

The aim of this essay is to examine whether language is iconic or arbitrary in the issue of onomatopoeia, i.e. whether animal sounds are represented in the same way in different languages. In addition, I will also look at onomatopoeical words which have been conventionalised, when the meaning broadened and they finally became part of ordinary language. It can be stated that arbitrary signs have slowly taken over as different languages have developed, but the reason why is a topic for discussion – is there a scientific cause, based on the theory of evolution, or an explanation found in religious myths? Whatever the reason is, it is not likely that iconicity will vanish totally. It is connected to human neurophysiology and an ancient part of language, a natural resemblance between an object and a sign which can exist in different forms. Onomatopoeia is one example of iconic signs, an object named after the sound it produces, and according to one theory conventionalised imitations is actually the origin of language. Nevertheless, there are two main categories – language being either iconic or arbitrary. Regarding onomatopoeia, my results suggest that language is only iconic to a limited extent. English and Swedish have some common representations of animal sounds, but the languages also differ in many ways. Conventionalising seems common in both languages and many of the words in my survey have been incorporated in dictionaries, representing more than only the sound of a certain animal.