Le chant et la dispute (song and dispute)

Résumé Une forme originale de débats poétiques en relation avec la lyrique courtoise s'élabore aux XIIé et XIIIè s. Appelés jeux-partis en langue d'oïl ils connaissent un certain succès dans le cadre urbain du puy d'Arras. Formulant une casuistique amoureuse, ils sont à la croisée de différentes formalisations: poétique, juridique et scolastique.L'enjeu du débat est exprimé sous le mode dilemmatique. L'argumentation mise en oeuvre se déploie autour de trois énoncés fondamentaux: sentences, proverbes et images.La sentence, inscrite dans le discours lyrique qu'elle érige en axiomatique de l'amour, occupe une fonction ambivalente: elle est l'énonce 'e que l'on se propose de discuter et al forme qu'adopte la démonstration. Se combinant avec une syntaxe de la démonstration, elle ne produit que l'illusion de la dialectique et révèle, en creux, le caractère tautologique du jeu-parti. Sur 120 poèmes, il n'y a pas moins de 80 expressions proverbiales qui s'articulent différemment sur le contexte — quoique majoritairement par des formules assertives — mais qui toutes rompent avec son isotopie, illustrant et énonçant en même temps la règle. La procédure d'exemplarisation, sous la forme d'énoncés imagés, opére d'autres déplacements. Si le proverbe, issu de l'univers empirique, universalise la situation à laquelle il se réfère, l'image procède à l'inverse: d'un thème général, elle offre l'exemple d'une ou de plusieurs situations anecdotiques, d'où surgit l'universalité de la règle.Or aucun de ces énonc'es n'entrent dans une logique démonstrative et proprement argumentative. Ils resten clos sur eux-mêmes. Les interlocuteurs ne reprennent pas ce qui vient d'être dit, sinon sous une forme brutale de réfutation. La véritable formalisation est polémique. Discours qui manipule l'ironie, frôle l'insulte et recherche l'effet plus que le raisonnement Discours qui bâtit sa vérité -contradictoire-comme un jeu tourné vers un auditoire dont on saisit et quête les complicités.Car la vérité reste bien au coeur du débat et elle est sans cesse assertée. Comme elle l'est dans les disputes, ces combats des clercs.Disputes et ieux-partis mettent en scéne une logique de la controverse. Ils sont des argumentations spectacles. L'élaboration de la vérité se fait ailleurs, dans les sommes par exemple. Le jeu-parti est aporétique. S'il est une réponse á son questionnement, elle se lit dans le poéme d'amour dont la forme enferme le sic et non de la joy, joie et jeu d'amour.

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An original form of poetical debate is elaborated in the 12th and 13th century in relation to court lyricism. Under the appellation of jeux-partis in oil tongue, they meet some success in the urban frame of the puy d'Arras. As they formulate a sophistry of love, they intersect a number of different formalisations such as the poetical, juridical and scholastic ones.What is at stake in the debate is expressed on the dilemmatic mode. The argumentation is worked out at large through three basic enunciations: maxims, proverbs and images.The maxim, inscribed as it is in the lyrical discourse that it lays down as being axiomatical for love, has an ambivalent function: on one hand it is the enunciation one intends to dispute, on the other hand it is the form taken by the demonstration. As it combines with a syntax of demonstration it only brings out the illusion of dialectics incidentally revealing the reduddant tautology of le jeu-parti. Out of a number of 120 poems, there are no less than 80 proverbial expressions which articulate themselves on the context differently — although they do so in majority through assertive formulations — yet disrupting with its isotopy in so much as they illustrate and enunciate the rule at the same time. The process of examplarisation, in the form of imaged enunciations operate other alterations. If the proverb, descending from the empirical universe, universalizes the situation it refers to, the image alone proceeds inversely: from a general theme it gives an example of one or several anecdotical situations out of which the universalness of the rule emerges.Now, none of those enunciations proceeds from a demonstrative or even properly argumentative logic. They are enclosed in themselves. The interlocutors do not resume what has just been said, unless it be in a blunt form of refutation. The true formalisation is polemical. It consists in a discourse which handles irony, lightly touches insult and seeks after effect rather than reasoning. It builds up its own truth — contradictorily though — as a game played on an audience whose complicity is to be grasped and then requested — for truthfulness does lie right in the midst of the debate and asserts itself unendlessly, such as it is in les disputes, those contests between scholars. Disputes and jeux-partis promote a logic of controversy. They are argumentations-spectacles. The elaboration of truth lies elsewhere, in the Summae for example. Le jeu-parti is aporhetical. If ever there exists an answer to its questioning, it can be found in love poetry the form of which includes the sic et non of la joy, mirth and play on love.

     

Argument and alternative dispute resolution systems

Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (renta-judge), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.     

Types of dispute courses in family interaction

The article examines entire dispute courses in family interaction with regard to argumentation. The approach is an interdisciplinary one integrating both linguistic conversation analysis and empirical psychology, and leads to a typology of dispute courses. Research is guided by the presupposition that the presentation of an argument depends on two systems, a cognitive one and a motivational one, and that both systems are reflected in the realization of the interaction.Six types of dispute courses were detected and grouped in the dichotomy of more constructive and more destructive courses where the latter were divided again into courses disturbed in topical progress or disturbed in interpersonal relationships. The types were evaluated through quantitative methods referring to an exhausting coding of the utterances in the material used. Quantitative evaluations yield a synopsis of the different dispute courses concerning the kind of mutual interaction control, the argumentation itself, and the argumentation levels of the participants.This contribution is a revised version of a paper presented at the 3rd International Conference on Dialogue Analysis in Bologna (May 1990). The research was funded by the Deutsche Forschungsgemeinschaft within the SFB 245 Sprache und Situation.     

Indian secularism,dialogue and the Ayodhya dispute

Indian secularists compound difficulties for the emergence of a genuinely secular society by relying on an exclusively constitutional rather than a dialogical approach to settle India’s religious disputes as manifested in Ayodhya and elsewhere. There are, however, intellectuals who favour dialogue with religious communities to strengthen secularism but are afraid of suggesting dialogue with contending parties on contentious issues like the Ayodhya dispute for fear of legitimising religious fundamentalism. As a result, the notion of ‘contentious dialogue’ is avoided even while the need for dialogue is recognised. Instead of religious grievances getting resolved through law, they get embroiled over a period of time and result in the rise of religious fundamentalism and terrorism, thereby deepening the crisis of secularism. In the Ayodhya dispute, communities encouraged by the secular state have followed a legal approach to the settlement of their religious grievances since 1950. While the dispute languished in court, the demolition of the Babri Mosque in 1992, the emergence of religious terrorism and the riots in Gujarat in 2002 followed. All these developments are in some way interrelated and need a broad and holistic counter-strategy. Only a dialogic approach will induce communities to comprehend the interconnected nature of problems arising from the Ayodhya dispute and make them seek solutions outside the law. This paper proposes a model of reconciliation based on the themes of recognition of intrinsic faith, negotiation with extrinsic elements of each religion and sacrifice. This dialogical approach ought to be carried out by a non-sectarian political society that must involve ruling and opposition parties, NGOs, lawyers, administrators and contending religious organisations in order to seek a realistic solution to the Ayodhya dispute in the larger and long-term interest of a secular polity in India.     

Twins dispute memory ownership: A new false memory phenomenon

In three experiments, we examined a new memory phenomenon: disputed memories, in which people dispute ownership of a memory. For example, in one disputed memory each of two twins recollected being sent home from school for wearing too short a skirt, although only one of them was actually sent home. In Experiment 1, 20 sets of same-sex adult twins were asked to produce a memory for each of 45 words, and most twins spontaneously produced at least one disputed memory. In Experiment 2,20 different sets of same-sex adult twins rated disputed memories as higher in recollective experience, imagery, and emotional reliving than nondisputed memories. In Experiment 3, siblings who were close in age as well as same-sex friends were also found to have disputed memories, but less often than twins.     

Melanie Klein and Anna Freud: The discourse of the early dispute

Divisions in the field of the psychoanalysis of children can be traced to a dispute over the infantile super-ego between the theorists Melanie Klein and Anna Freud beginning in 1927. These divisions are understood within the analytic world as the result of scientific disputation between alternative valid theories. An examination of the language, claims, and epistemology of Klein's and Freud's publications in 1927 that marked the public commencement of the conflict, reveals a personalized discourse in which authority was derived from the allegiance, experience, and personal analytic standing of the contestants as much as from theoretical insight. The structure and rhetoric of the debate suggest that, rather than terminating the dispute, the publications of 1927 served to encourage professionalization in child analysis and establish Anna Freud and Melanie Klein as authoritative alternative theorists.     

Problems in the neighbourhood: Formulating noise complaints across dispute resolution services

When people are in dispute with their neighbours, there are multiple routes to resolution, and different services have a range of remits to support it. This article explores how noise complaints are reported to dispute resolution mediation and local council environmental services in the United Kingdom. A collection of 315 recorded telephone calls were transcribed and analysed using discursive psychology, underpinned by conversation analytic methods. Analysis focused on how the same kinds of noise complaint were formulated for the remit and provision of the service called. In mediation calls, callers directly attributed the source of the noise to the agent of its production (e.g., “it's about the neighbour”). However, reference to “the neighbour” was typically omitted (at least initially) in calls to environmental health services (e.g., “I need to speak to someone about disturbance”). This comparative analysis of different settings reveals the significance of service remit for the design of complaints and the relevance of attributing cause in making a case for aid. Comparing two settings provides a propitious opportunity to demonstrate that noise is not a physically objective phenomenon or neutral category but institutionally formulated social conduct.     

Phenomenological futures in dispute: Emmanuel Levinas,Jacques Derrida and Jean-Luc Nancy

This discussion consists of five sections, beginning with a pair of citations marking up a politics of inclusion, and exclusion in philosophical discussion. The second section, focusing on the first part of this essay's title, ‘Phenomenological futures in dispute’, locates three inflections of the notion of the future, in the context of an encounter between phenomenology and Marxism. The third section proposes two rewritings of the subtitle, in terms of thematics, as opposed to using proper names as indices for theoretical orientations. The first rewriting retrieves Heidegger's notions of tradition, as both transmission and inheritance. This opens up a givenness of a futural horizon to alternating versions of futures; the second rewriting then offers modes of evaluating these alternating futures, in a contestation between a patriarchal, a differentiated, and a neutral mode of transmission. A fourth section raises some further questions of methodology, indicating the manner in which a rethinking of religion and of theology returns within phenomenology. In an inconclusive summary, the paper returns to the point of departure, the first version of a relation of non-relation, in a disputed connection to be set out between philosophy, a politics of exclusion, and psychoanalytical accounts of political investment. The paper seeks to locate a relation of non-relation, both in the failed encounters between Jacques Derrida and Jean-Luc Nancy, with respect to phenomenology and its futures, and in the re-emergence, as non-relation, of the formative function within phenomenology of religious precursors, preconditions and commitments.     

儒教是教非教之争的历史起源及启示

本文通过考察明末清初中国礼仪之争过程中不同方面对儒教的判释和定位 ,说明儒教是教非教之争真正的源头是在这里。对儒教如此截然相反的判释是由于各方面不同的视角和立场 ,儒教非教说更深刻地把握了儒教的本质 ,而儒教是教说则是形式化的以偏盖全。这一争论影响到近代 ,乃至当今对儒教与中国传统文化的性质判定     

Preference for modes of dispute resolution as a function of process and decision control

Research on procedural justice has suggested that the distribution of control among participants can be used to classify dispute-resolution procedures and may be an important determinant of preference for such procedures. This experiment demonstrates that control can be meaningfully divided into two components: control over the presentation of evidence and control over the final decision. The experiment placed subjects (law students and undergraduates) in a situation of conflict and varied two between-subjects factors: (1) Role, whether subjects expected to role-play third parties (law students) or litigants (undergraduates), and (2) Orientation, whether individuals focused on equity claims (appeals to a norm of fairness) or legal claims (appeals to a strict, legal interpretation of events). As a control, a third-party neutral-orientation condition was included. In addition, subjects were presented with four dispute-resolution procedures which varied in third-party control over the presentation of evidence (Process Control) and third-party control over the final decision (Decision Control) as within-subjects factors. Results revealed that both litigants and third parties preferred high rather than low third-party decision control. Litigants with an equity orientation preferred low third-party control over the presentation of evidence, particularly when third parties had high rather than low decision control. Third parties and litigants with a legal orientation preferred low rather than high third-party process control only when there was high third-party decision control. Litigant preferences were more affected by variation in process control than variation in decision control while third-party preferences were more affected by variation in decision control than in process control. As a check on external validity, military judges given a neutral orientation were asked to evaluate and express preferences for the four dispute-resolution procedures. Their results were not detectably different from those of the law students who role-played third parties in the main portion of the study.     

The cultural context of a grievance process: Employee values and expectations in dispute resolution

The nature of employer-employee relationships is influenced by organizational and work unit values and expectations, including the ways members believe they should treat one another and how conflicts should be resolved. This study explored the perceptions of participants in a grievance peer review process. Employees of a health care organization with a recently established peer review grievance process were interviewed about their views of organizational and unit values and expectations, and their experiences with this type of grievance process. Comparisons across groups of grievants, managers, and grievance panel members were discussed.The authors have received consent to discuss this case from the health care organization in which this study was conducted. The authors would like to thank the members of this organization for their cooperation and extraordinary responsiveness that made this research possible, and Julie Rousos Timmons for her valuable help on the fieldwork.     

Making sense of Turiel's dispute with Kohlberg: the case of the child's moral competence

This study attempts to make conceptual and empirical sense of Turiel's dispute with Kohlberg concerning the child's moral competence. Forty-eight children from two age-levels (24 6-year-olds, and 24 8-year-olds; Experiment 1), and 20 young adults aged between 17 and 21 years (Experiment 2) were confronted with hypothetical situations in which two apparently immoral acts (stealing and lying) were right if a principled or reversible exchange of perspectives were adopted. Contrary to what would be expected from Turiel's claim about the child's sophisticated moral competence, children, but not young adults, judged the acts at hand more in accord with a pattern of pseudo-moral necessity or fuzzy traces of morality than with a pattern of a developing idea of principled morality or “necessary” moral knowledge. The paper also argues that one is in a better position to make sense of Turiel's dispute with Kohlberg when one becomes aware of (a) Wittgenstein's idea of grammatical investigations, (b) Piaget's distinction between false, true, and necessary (cognitive) knowledge, and (c) Kohlberg's distinction between pre-conventional, conventional, and post-conventional moral reasoning as a distinction that, to an extent, corresponds in the moral domain to Piaget's epistemic types of knowledge in the cognitive domain.