<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Meanwhile, in the libel courts&#8230;</title>
	<atom:link href="http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/feed/" rel="self" type="application/rss+xml" />
	<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/</link>
	<description>Out of the crooked timber of humanity, no straight thing was ever made</description>
	<lastBuildDate>Mon, 13 Feb 2012 09:29:41 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.3.1</generator>
	<item>
		<title>By: Ginger Yellow</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-278470</link>
		<dc:creator>Ginger Yellow</dc:creator>
		<pubDate>Wed, 10 Jun 2009 16:17:23 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-278470</guid>
		<description>&lt;a href=&quot;http://www.quackometer.net/blog/2009/06/chiropractors-told-to-take-down-their.html&quot; rel=&quot;nofollow&quot;&gt;Fantastic, hilarious news&lt;/a&gt;.</description>
		<content:encoded><![CDATA[	<p><a href="http://www.quackometer.net/blog/2009/06/chiropractors-told-to-take-down-their.html" rel="nofollow">Fantastic, hilarious news</a>.</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: Ginger Yellow</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-278410</link>
		<dc:creator>Ginger Yellow</dc:creator>
		<pubDate>Wed, 10 Jun 2009 10:45:03 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-278410</guid>
		<description>&quot;There is a well-established extended usage of “bogus” that does not imply deliberate fraud, merely nonfunctionality (which, whatever you think of chiropractice, isn’t libel even by English standards, AFAIK). &quot;

Look, I absolutely support Singh in his case, but I think any judge would have found the statement &quot;This organisation is the respectable face of the chiropractic profession and yet it happily promotes bogus treatments&quot; to be defamatory, whether or not conscious fraud is implied. Imputing reckless disregard for evidence of efficacy to a supposed medical professional body is quite clearly defamation. Eady&#039;s interpretation - which I think is far from unreasonable given Singh&#039;s use of &quot;happily&quot;, while not the only possible interpretation - just makes a defence of justification much harder than it would be under the unconscious interpretation.</description>
		<content:encoded><![CDATA[	<p>&#8220;There is a well-established extended usage of &#8220;bogus&#8221; that does not imply deliberate fraud, merely nonfunctionality (which, whatever you think of chiropractice, isn&#8217;t libel even by English standards, <span class="caps">AFAIK</span>). &#8221;</p>

	<p>Look, I absolutely support Singh in his case, but I think any judge would have found the statement &#8220;This organisation is the respectable face of the chiropractic profession and yet it happily promotes bogus treatments&#8221; to be defamatory, whether or not conscious fraud is implied. Imputing reckless disregard for evidence of efficacy to a supposed medical professional body is quite clearly defamation. Eady&#8217;s interpretation &#8211; which I think is far from unreasonable given Singh&#8217;s use of &#8220;happily&#8221;, while not the only possible interpretation &#8211; just makes a defence of justification much harder than it would be under the unconscious interpretation.</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: Chris</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-278163</link>
		<dc:creator>Chris</dc:creator>
		<pubDate>Mon, 08 Jun 2009 17:13:18 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-278163</guid>
		<description>@31:  The reality turns out to be more complex than that.  There is a well-established extended usage of &quot;bogus&quot; that does not imply deliberate fraud, merely nonfunctionality (which, whatever you think of chiropractice, isn&#039;t libel even by English standards, AFAIK).  Although it originated in the U.S. it seems to have some usage in England too.  Whether or not any particular dictionary is behind the curve doesn&#039;t really have much bearing on what Singh meant, or what a *contemporary* reader would understand Singh to have meant.

The trial judge, most likely, hadn&#039;t been exposed to the extended usage and made the same snap judgment you did.</description>
		<content:encoded><![CDATA[	<p>@31:  The reality turns out to be more complex than that.  There is a well-established extended usage of &#8220;bogus&#8221; that does not imply deliberate fraud, merely nonfunctionality (which, whatever you think of chiropractice, isn&#8217;t libel even by English standards, <span class="caps">AFAIK</span>).  Although it originated in the U.S. it seems to have some usage in England too.  Whether or not any particular dictionary is behind the curve doesn&#8217;t really have much bearing on what Singh meant, or what a <strong>contemporary</strong> reader would understand Singh to have meant.</p>

	<p>The trial judge, most likely, hadn&#8217;t been exposed to the extended usage and made the same snap judgment you did.</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: Tim Wilkinson</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-278080</link>
		<dc:creator>Tim Wilkinson</dc:creator>
		<pubDate>Sun, 07 Jun 2009 16:55:45 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-278080</guid>
		<description>Is the middle sentence so marked? If so, I don&#039;t get it.</description>
		<content:encoded><![CDATA[	<p>Is the middle sentence so marked? If so, I don&#8217;t get it.</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: Barry</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-278035</link>
		<dc:creator>Barry</dc:creator>
		<pubDate>Sat, 06 Jun 2009 17:24:31 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-278035</guid>
		<description>Tim, if you select &#039;View&#039;=&gt;&#039;Source&#039;, you&#039;ll see the raw HTML.  The irony tag, and sardonic font should be then visible.  Blog software frequently messes  up HTML in comments.</description>
		<content:encoded><![CDATA[	<p>Tim, if you select &#8216;View&#8217;=>&#8216;Source&#8217;, you&#8217;ll see the raw <span class="caps">HTML</span>.  The irony tag, and sardonic font should be then visible.  Blog software frequently messes  up <span class="caps">HTML</span> in comments.</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: Tim Wilkinson</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-278028</link>
		<dc:creator>Tim Wilkinson</dc:creator>
		<pubDate>Sat, 06 Jun 2009 15:04:53 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-278028</guid>
		<description>Barry @39: no-one, even the originator of the topic - whose one-liner added an emotivistic gloss and clearly wasn&#039;t intended nor expected to give rise to this earnest and inoffensive discussion, is actually suggesting that this is of importance to the original topic, or is of more than of marginal decidability, or is capable of impugning anyone&#039;s on-topic comments. It&#039;s (gasp) tangential.

The original line of discussion seemed and still seems to have dried up. If you any substantive remarks on either subject - or indeed on anything - why not post them instead of &#039;disrupting&#039; the thread still further?</description>
		<content:encoded><![CDATA[	<p>Barry @39: no-one, even the originator of the topic &#8211; whose one-liner added an emotivistic gloss and clearly wasn&#8217;t intended nor expected to give rise to this earnest and inoffensive discussion, is actually suggesting that this is of importance to the original topic, or is of more than of marginal decidability, or is capable of impugning anyone&#8217;s on-topic comments. It&#8217;s (gasp) tangential.</p>

	<p>The original line of discussion seemed and still seems to have dried up. If you any substantive remarks on either subject &#8211; or indeed on anything &#8211; why not post them instead of &#8216;disrupting&#8217; the thread still further?</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: Harry</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-278027</link>
		<dc:creator>Harry</dc:creator>
		<pubDate>Sat, 06 Jun 2009 14:36:09 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-278027</guid>
		<description>I wonder what would have happened if I&#039;d said &quot;appeal against&quot;. Thank goodness I made it clear in comment 2 that I, not Henry, am the culprit. (&quot;is&quot; the culprit?).</description>
		<content:encoded><![CDATA[	<p>I wonder what would have happened if I&#8217;d said &#8220;appeal against&#8221;. Thank goodness I made it clear in comment 2 that I, not Henry, am the culprit. (&#8220;is&#8221; the culprit?).</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: Keith M Ellis</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-278020</link>
		<dc:creator>Keith M Ellis</dc:creator>
		<pubDate>Sat, 06 Jun 2009 14:20:27 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-278020</guid>
		<description>“&lt;i&gt;I could argue (if it is worth arguing about) that since it is a semi-technical term relating to legal, and only by extension quasi-legal, proceedings, usage in legal contexts sets the standard.&lt;/i&gt;”

I have a running argument with a linguist friend of mine about this.  Otherwise a descriptivist, I argue that with regard to technical language and proper nouns a prescriptive rule is appropriate.  It seems to me that in these limited cases, there is, in fact, an authoritative body who rightfully is able to determine proper usage.

There is a vast gray area, of course, when technical language has been appropriated by common language.  In those cases, I argue that to the degree to which the particular usage is technical is the degree to which the prescriptive usage is more appropriate.

A particular point in contention in this argument is the specific case of proper names.  This isn&#039;t very controversial, even to staunch descriptivist linguists, with regard to personal proper names.  More controversial, I think, are place names.  In my opinion, we should prefer the place names used by those who arguably occupy or are most familiar with those places.  Language translations should be transliterations, not loose translations and certainly not the locally preferred term for some far away place.

I think that in these cases the descriptivists begin to act quite a lot like prescriptivists.  The argument for descriptivism is that the prescriptivist notion that there&#039;s some authoritative description of proper usage of common language is contrary to the modern scientific understanding of language.  There is no authority.  What is &quot;correct&quot; is what is used.  However, technical language and proper names are different.  There &lt;i&gt;are&lt;/i&gt; authorities in both cases.  There is someone with the authority to say that word X means Y and the correct word for thing Y is X.  Otherwise, though, language is democratic.</description>
		<content:encoded><![CDATA[	<p>&#8220;<i>I could argue (if it is worth arguing about) that since it is a semi-technical term relating to legal, and only by extension quasi-legal, proceedings, usage in legal contexts sets the standard.</i>&#8221;</p>

	<p>I have a running argument with a linguist friend of mine about this.  Otherwise a descriptivist, I argue that with regard to technical language and proper nouns a prescriptive rule is appropriate.  It seems to me that in these limited cases, there is, in fact, an authoritative body who rightfully is able to determine proper usage.</p>

	<p>There is a vast gray area, of course, when technical language has been appropriated by common language.  In those cases, I argue that to the degree to which the particular usage is technical is the degree to which the prescriptive usage is more appropriate.</p>

	<p>A particular point in contention in this argument is the specific case of proper names.  This isn&#8217;t very controversial, even to staunch descriptivist linguists, with regard to personal proper names.  More controversial, I think, are place names.  In my opinion, we should prefer the place names used by those who arguably occupy or are most familiar with those places.  Language translations should be transliterations, not loose translations and certainly not the locally preferred term for some far away place.</p>

	<p>I think that in these cases the descriptivists begin to act quite a lot like prescriptivists.  The argument for descriptivism is that the prescriptivist notion that there&#8217;s some authoritative description of proper usage of common language is contrary to the modern scientific understanding of language.  There is no authority.  What is &#8220;correct&#8221; is what is used.  However, technical language and proper names are different.  There <i>are</i> authorities in both cases.  There is someone with the authority to say that word X means Y and the correct word for thing Y is X.  Otherwise, though, language is democratic.</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: Barry</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-278014</link>
		<dc:creator>Barry</dc:creator>
		<pubDate>Sat, 06 Jun 2009 11:41:10 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-278014</guid>
		<description>Harry, could you just fine each commenter who wanted &#039;appeal against&#039; several thousand dollars/euros/etc., and send it to Singh?

I&#039;ve seen comment threads disrupted by insults, arguments and people being *holes, but semantic nitpickery like this is just as anoying.

If you need a threat to enforce the fines, just send a chiropractor around.</description>
		<content:encoded><![CDATA[	<p>Harry, could you just fine each commenter who wanted &#8216;appeal against&#8217; several thousand dollars/euros/etc., and send it to Singh?</p>

	<p>I&#8217;ve seen comment threads disrupted by insults, arguments and people being *holes, but semantic nitpickery like this is just as anoying.</p>

	<p>If you need a threat to enforce the fines, just send a chiropractor around.</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: herr doktor bimler</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-277995</link>
		<dc:creator>herr doktor bimler</dc:creator>
		<pubDate>Sat, 06 Jun 2009 07:01:07 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-277995</guid>
		<description>One hopes that someone will call Dr Strabismus (whom God preserve) of Utrecht as an expert witness.</description>
		<content:encoded><![CDATA[	<p>One hopes that someone will call Dr Strabismus (whom God preserve) of Utrecht as an expert witness.</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: engels</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-277991</link>
		<dc:creator>engels</dc:creator>
		<pubDate>Sat, 06 Jun 2009 02:08:01 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-277991</guid>
		<description>I should probably say that I don&#039;t actually think that American English is in any way inferior, as a language, to English..</description>
		<content:encoded><![CDATA[	<p>I should probably say that I don&#8217;t actually think that American English is in any way inferior, as a language, to English..</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: Tim Wilkinson</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-277975</link>
		<dc:creator>Tim Wilkinson</dc:creator>
		<pubDate>Fri, 05 Jun 2009 22:47:34 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-277975</guid>
		<description>Can&#039;t resist a few more abstrusities:

DJ @30 - I don&#039;t know what the &#039;[s?]beteo&#039; bit is, but since amphi is &#039;both&#039;, might that use of &#039;dispute&#039; be closer in meaning to &#039;debate&#039; than to &#039;challenge&#039;? In any case I don&#039;t think the present issue is really much to do with the way negatives behave in ancient Greek, though that in turn reminds me of the story in which a lecturer points out that while a double negative can in different languages make either a negative or a positive , there is no example of a double positive making a negative. From the back, a wag pipes up &#039;Yeah, yeah!&#039;...  It&#039;s the way I tell &#039;em.

Re: the greek legal term being derived from &#039;leave to&#039; - that is itself pertinent since it suggests a (possibly somewhat) different concept, as perhaps does &#039;appeal the decision to&#039;. In the latter case, &#039;appeal&#039; is near-substitutable by &#039;refer&#039;. A semantical justification for insisting (as I don&#039;t) on the &#039;appealing against&#039; usage might be that in hearing an appeal, the higher court does not reconsider the case, but only specific challenges to aspects of it (albeit usually ones which are relevant to the overall outcome, of course). It&#039;s not like if Mum says no ask Dad. The decision isn;t handed over in its entirety to be reworked. Giving leave to appeal is not like ordering a retrial. There is an appellant and a respondent, not two appellants. And other gnomic utterances. (Though Sleepy is a dwarf. Go figure.).</description>
		<content:encoded><![CDATA[	<p>Can&#8217;t resist a few more abstrusities:</p>

	<p><span class="caps">DJ </span>@30 &#8211; I don&#8217;t know what the &#8216;[s?]beteo&#8217; bit is, but since amphi is &#8216;both&#8217;, might that use of &#8216;dispute&#8217; be closer in meaning to &#8216;debate&#8217; than to &#8216;challenge&#8217;? In any case I don&#8217;t think the present issue is really much to do with the way negatives behave in ancient Greek, though that in turn reminds me of the story in which a lecturer points out that while a double negative can in different languages make either a negative or a positive , there is no example of a double positive making a negative. From the back, a wag pipes up &#8216;Yeah, yeah!&#8217;&#8230;  It&#8217;s the way I tell &#8216;em.</p>

	<p>Re: the greek legal term being derived from &#8216;leave to&#8217; &#8211; that is itself pertinent since it suggests a (possibly somewhat) different concept, as perhaps does &#8216;appeal the decision to&#8217;. In the latter case, &#8216;appeal&#8217; is near-substitutable by &#8216;refer&#8217;. A semantical justification for insisting (as I don&#8217;t) on the &#8216;appealing against&#8217; usage might be that in hearing an appeal, the higher court does not reconsider the case, but only specific challenges to aspects of it (albeit usually ones which are relevant to the overall outcome, of course). It&#8217;s not like if Mum says no ask Dad. The decision isn;t handed over in its entirety to be reworked. Giving leave to appeal is not like ordering a retrial. There is an appellant and a respondent, not two appellants. And other gnomic utterances. (Though Sleepy is a dwarf. Go figure.).</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: Anderson</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-277970</link>
		<dc:creator>Anderson</dc:creator>
		<pubDate>Fri, 05 Jun 2009 21:23:40 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-277970</guid>
		<description>As all too many Americanisms do.</description>
		<content:encoded><![CDATA[	<p>As all too many Americanisms do.</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: engels</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-277965</link>
		<dc:creator>engels</dc:creator>
		<pubDate>Fri, 05 Jun 2009 20:42:14 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-277965</guid>
		<description>Thanks, Anderson. I suppose it&#039;s an Americanism then, but one that is on its way to becoming standard.</description>
		<content:encoded><![CDATA[	<p>Thanks, Anderson. I suppose it&#8217;s an Americanism then, but one that is on its way to becoming standard.</p>
 ]]></content:encoded>
	</item>
	<item>
		<title>By: Anderson</title>
		<link>http://crookedtimber.org/2009/06/04/meanwhile-in-the-libel-courts/comment-page-1/#comment-277960</link>
		<dc:creator>Anderson</dc:creator>
		<pubDate>Fri, 05 Jun 2009 20:22:29 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=11418#comment-277960</guid>
		<description>Re: the merits of &quot;Singh&quot; and &quot;bogus,&quot; I think the chiropractors have been at their trade a bit too long to claim sweet innocence as to whether their treatments are ineffective.

I wonder what Singh thinks of acupuncture?</description>
		<content:encoded><![CDATA[	<p>Re: the merits of &#8220;Singh&#8221; and &#8220;bogus,&#8221; I think the chiropractors have been at their trade a bit too long to claim sweet innocence as to whether their treatments are ineffective.</p>

	<p>I wonder what Singh thinks of acupuncture?</p>
 ]]></content:encoded>
	</item>
</channel>
</rss>

<!-- Performance optimized by W3 Total Cache. Learn more: http://www.w3-edge.com/wordpress-plugins/

Minified using disk: basic
Page Caching using disk: enhanced

Served from: crookedtimber.org @ 2012-02-13 09:46:14 -->
