57 Matching Annotations
  1. Jul 2025
  2. May 2024
  3. Nov 2023
  4. Aug 2021
  5. Feb 2021
    1. While Trailblazer offers you abstraction layers for all aspects of Ruby On Rails, it does not missionize you. Wherever you want, you may fall back to the "Rails Way" with fat models, monolithic controllers, global helpers, etc. This is not a bad thing, but allows you to step-wise introduce Trailblazer's encapsulation in your app without having to rewrite it.
    1. The reason Reform does updating attributes and validation in the same step is because I wanna reduce public methods. This is to save users from having to remember state.

      I see what he means, but what would you call this (tag)? "have to remember state"? maybe "have to remember" is close enough

      Or maybe order is important / do things in the right order is all we need to describe the problem/need.

  6. Jan 2021
  7. Dec 2020
  8. Oct 2020
  9. Sep 2020
  10. May 2020
  11. Nov 2019
  12. Mar 2019
    1. Here we should say that in saying-these words we are doing some- thing-namely, marrying, rat her than reporting some- thing, namely that we are marrying

      Important distinction between doing and reporting; the former obviously an action, and the latter a verifiable statement. But can the lines blur? Is "I do" ever reporting the fact that you are getting married, which is verifiable?

    2. the only merit I should like to claim for it is that of being true, at least in parts

      You would think the goal of an essay would be to find or argue a truth, but here he is marginalizing it; truth is not the goal.

      Arguing that truth and falsehood are not what matters; that the performative exists outside such claims (as we learn later).

      Using the performative in his opening through the use of "I claim"; and here he claims truth. He performs his own argument.

    3. we shall next consider what we actually do say about the utterance concerned when one or another of its normal concomitants is absent

      So the utterance is surrounded by other ceremonial trappings, and without which there is a presumption that the utterance is hollow, that the accompaniments make it "complete"; suggests that the ceremony becomes greater than the sum of its parts by being able to bring about this binding force which the parts cannot do individually; or can they - is just the utterance enough to describe and seal the inward act? The other question is, does the utterance imply (and describe) the other trappings?

    4. Thus 'I promise to . . . 9 obliges me-puts on record my spiritual assumption of a spiritual shackle.

      The consecration of the oath; but when is the uttering just a garnishment? For some, the internal / spiritual bond is the key thing, binding regardless of whether the one to whom the words are uttered believes them or not; the words are just words, but the intent is everything. The intent can exist without the words, and so the words can exist without the intent. It is the words though that offer a public record of commitment, and against which one's character is judged and assessed in accordance with their ability to live up to them.

    5. tircumstantes

      Drilling down to the even-more-particular; not just anyone can marry somebody, at any time, at any place, with a word (and have it mean anything); requires person w/ particular qualifications / authority / occasion / etc.

      Also requires a society/set of institutions that considers such acts normal and reasonable. In this way, the particulars affected by the occasion are part of a much large general sphere in which they are legitimized and sanctioned; and outside of that may exist a larger sphere which is baffled by them.

    6. very commonly necessary that either the speaker himself or other persons should also perform certain other actions

      While the naming or the uttering of "I do" symbolically 'seals' or makes the transaction official, the naming or the uttering is part of a longer ceremony. Not sure about betting though; it would be strange somehow if a complete stranger bet another with no prior interaction (i.e. no mechanism to build trust, etc), but it could happen

    7. Examples :

      Involve the:

      • creation of relationships
      • creation of dividing lines which, prior to the uttering of the sentence, did not 'exist'; i.e. prior to "I do" they were not married, but afterwards they are; prior to "I name this ship...", it had no name, but afterwards it does; they are historical mile markers of sorts.
      • involves particulars; not all women are my wife; this one is. Not all ships are named; but this one is.
      • must be said aloud or in print, and often needs to be backed by some legal authority to "legitimate" the action; of course, anybody can name something, but the 'officially recognized' name can only come from a certain privileged source / I can marry a random woman just by saying "I do" to her, but the 'marriage' is not recognized, etc'; privileges some constructs over others by a vested authority
      • also denote things that cannot be done for me; I must utter them in order for them to take effect (be true); they require agency (or the appearance of agency)
      • the statements themselves are neither true or false, they just are; ex-post we can decide that a subsequent statement identifying the brother as the legal heir to the watch is 'true' or 'false'; but the original declaration is neither(?)
      • involve the combination of words with some ceremony or ritual that somehow enshrines it (in the case of the bet maybe the ritual is the exchange of money, but not sure if that fits the bill). Almost like incantations of sorts.
    8. Whatever we may think of any particular one of these views and suggestions, and however much we may deplore the initial confusion into which philosophical doctrine and method have been plunged, it cannot be doubted that they are producing a revolution in philosophy.

      Makes me think of a generation set in its ways butting up against a younger "less respectful" generation that is "doing it all wrong"; i.e. generational divide between viewpoints; some may think a revolution hardly necessary, that it is fine the way it is and that they are simply being disruptive.

    9. It has come to be seen that many specially perplexing words embedded in apparently descriptive statements do not serve to indi- cate some specially odd additional feature in the reality reported, but to indicate (not to report) the circumstances in which the statement is made or reservations to which it is subject or the way in which it is to be taken and the like.

      Qualifying / conditional factors?

  13. Sep 2017
    1. Please read this Arbitration Agreement carefully. It is part of your contract with Instructure and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. (a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Instructure that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Instructure, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. (b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Instructure should be sent to: Attn: Legal Department, 6330 South 3000 East, Suite 700, Salt Lake City, UT 84121. After the Notice is received, you and Instructure may attempt to resolve the claim or dispute informally. If you and Instructure do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. (c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. (d) Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. (e) Time Limits. If you or Instructure pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim. (f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Instructure, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Instructure. (g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Instructure in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND INSTRUCTURE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. (h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. (i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. (j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. (k) Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement. (l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Instructure. (m) Small Claims Court. Notwithstanding the foregoing, either you or Instructure may bring an individual action in small claims court. (n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. (o) Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. (p) Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah, for such purpose. 14.7 Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Utah, consistent with the Federal Arbitration Act, without giving effect to any conflicts of law principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. 14.8 Notice. Where Instructure requires that you provide an e-mail address to access certain features of the Instructure Properties, you are responsible for providing Instructure with your most current e-mail address. In the event that the last e-mail address you provided to Instructure is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Instructure’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Instructure at the following address: Attn: Legal Department, 6330 South 3000 East, Suite 700, Salt Lake City, UT 84121. Such notice shall be deemed given when received by Instructure by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

      Okay, your probably wondering why I highlighted this WHOLE chunk of article but I think I have a good reason. I highlighted all of this because it is what I feel like a lot of people do. People will most of the times JUMP whole sections in the terms of use barely anyone reads them now adays. People skip them all together or read the first lines in most cases since people would rather get to their new game / account / then to ' waste ' their time reading a whole terms of use.