Although the expression 'intellectual property' is widely used, it could be argued that the very idea of intellectual property is incoherent. After all, ideas are not like land, houses or clothing; surely they are not the sorts of things that can be owned? I shall examine two arguments - one ontological, one jurisprudential - that put pressure on the coherence of the idea of intellectual property, both leading to the conclusion that intellectual property rights are not genuine property rights, but (...) rights to monopolies. In setting up and responding to the first argument, I discuss the applicability of the type/ token distinction to intellectual property law; a distinction I also appeal to as a way of clarifying my response to the second argument. (shrink)

PURPOSE: The purpose of this paper is to consider some of the philosophical and bioethical issues raised by the creation of the draft social values framework developed to facilitate data collection and country-specific presentations at the inaugural workshop on "Social values and health priority setting" held in February 2011. -/- DESIGN/METHODOLOGY/APPROACH: Conceptual analysis is used to analyse the term "social values", as employed in the framework, and its relationship to related ideas such as moral values. The structure of the framework (...) (process and content values) is considered in light of current debate in philosophy and bioethics about the political and moral aims served by these kinds of values, and the extent to which they are either suited to, or sufficient for, the policy context. -/- FINDINGS: There is much to be gained by engaging with the arguments presented in the philosophical literature in order to further refine the framework. The framework should remain neutral in respect of the importance of procedural values in different contexts and should be as inclusive as possible in respect of the principles it includes. Further development would be best served by taking a multidisciplinary approach. The framework could provide a valuable space in which future debates about procedural/substantive values can be considered. -/- ORIGINALITY/VALUE: The paper brings philosophical and bioethics perspectives to bear on a new framework proposed for the analysis of social values in health priority setting. It identifies how such a practical, policy-focused framework might be informed by engagement with deeper, and often unresolved, questions or principle around resource allocation in health. (shrink)

This article considers the extent to which insights from the philosophy of art can assist copyright law in identifying the author or authors of works to which many have contributed. In doing so, it looks to institutional theories of art, which go beyond a simple bifurcation of ‘author’ and ‘work’, and focus instead on broader determinants of an art work’s production, such as the ‘artworld’. It puts forward a framework focusing on three components of authorship supported by these theories: role, (...) authority and intention. The paper then draws attention to some important challenges that this framework raises for copyright law’s joint authorship doctrine in the UK and USA, and suggests some ways in which copyright law might be reformed, so as to allow copyright to retain its own benchmarks while also bringing conceptions of authorship in law and art closer together. (shrink)

Some people have objected that the very idea of philosophy in business is an oxymoron. But why? Does philosophy have to be, by its very nature, other-worldly? If so, how could there be such a thing as political philosophy? Perhaps some would say that philosophers who become involved in business are engaging in a kind of intellectual prostitution. But studying business is different from being paid by business.

Some people have objected that the very idea of philosophy in business is an oxymoron. But why? Does philosophy have to be, by its very nature, other-worldly? If so, how could there be such a thing as political philosophy? Perhaps some would say that philosophers who become involved in business are engaging in a kind of intellectual prostitution. But studying business is different from being paid by business.

Scientists typically use a variety of representations, including different kinds of figures, to present and defend hypotheses. In order to understand the justification of scientific hypotheses, it is essential to understand how visual representations contribute to scientific arguments. Since the logical understanding of arguments involves the truth or falsity of the representations involved, visual representations must have the capacity to bear truth in order to be genuine components of arguments. By drawing on Goodman's analysis of symbol systems, and on Tarski's (...) work on truth, I show that the figures used in science meet this criterion. (shrink)

According to Weyl, “‘inexhaustibility’ is essential to the infinite”. However, he distinguishes two kinds of inexhaustible, or merely potential, domains: those that are “extensionally determinate” and those that are not. This article clarifies Weyl's distinction and explains its enduring logical and philosophical significance. The distinction sheds lights on the contemporary debate about potentialism, which in turn affords a deeper understanding of Weyl.

Philosophers of perception have a notoriously difficult time trying to account for hallucinatory experiences. One surprisingly quite popular move, and one that cross-cuts the representationalism/relationalism divide, is to say that hallucinations involve an awareness of uninstantiated properties. In this paper, I provide a new argument against this view. Not only are its proponents forced to classify many hallucinations as veridical, such experiences turn out to be necessarily veridical. In addition, I show that representationalists who endorse the uninstantiated property view must (...) reject the common fundamental kind claim and adopt disjunctivism, and naïve realists/relationalists must radically modify their disjunctivism: The distinction between ‘veridical’ and ‘hallucinatory’ will no longer track a metaphysical distinction between the relevant experiences. (shrink)

Welches Verhältnis besteht zwischen „Bild" und menschlichem Denken? Welche Rolle spielt das Konzept der „Form" im menschlichen Wissen? Forscher aus Philosophie, Kulturwissenschaften, Wissenschaftsgeschichte, Ästhetik, Literatur, Anthropologie, Mathematik und Biologie untersuchen aus historischer und theoretischer Perspektive den Zusammenhang zwischen der Aktivität des Denkens und den Konzepten von Bild und Form.

Religion within the Boundaries of Mere Reason remains one of the most opaque of Kant's published writings. Though this opacity belongs, partly, to the text itself, a key claim of this article is that this opacity stems also from the narrow lenses through which his readers view this text. Often read as part of Kant's moral philosophy or his universal history, the literature has thus far neglected a different vantage point on the Religion, one that does not refute the utility (...) of these lenses but complements them. This paper places the Religion alongside parts of Kant's corpus that it is less typically paired with, namely his natural history writings—in particular, his writings on the concept of race and the development of the human races. I argue that by doing so, we can shed much light on Kant's infamous claim that there is a radical evil in the human species. More precisely, we will come to appreciate that this evil is not, as it is usually understood, a static property or fixed characteristic of human beings. Instead, radical evil concerns a dynamic, changing defect in human nature that increasingly threatens our aspirations to collective moral perfection. (shrink)

The Fold is a book of practical philosophy that takes a radical new approach to aesthetics. Laura U. Marks calls this philosophy "enfolding-unfolding aesthetics," based in ideas derived from Gilles Deleuze and others (G.F.W. Leibniz, David Bohm, and Édouard Glissant) that the universe is folded in on itself. She proposes a theory of mediation as contact and connection across the folds and a set of embodied methods for detecting such cosmic connections. In drawing out this aesthetics, Marks considers the (...) embodied and sensuous dimensions of engaging with audiovisual works and works of art-dimensions that Marks suggests are composed of the very folds that compose everything and everyone: all living beings, from humans to particles, sandwiches to stars, technologies, thoughts and images, in the present, the past, and the future. Making use of art and film, with a focus on African diaspora and Arab cinema, Marks opens ways to strengthen connections to the cosmos and to better trace processes of becoming that are immanent within the fold. (shrink)

Machine generated contents note: -- List of IllustrationsAcknowledgementsIntroductionImmanent authorship: From the Living Theatre to Cage and Goat IslandDisorganizing language, voicing minority: From Artaud to Carmelo Bene, Robert Wilson & Georges LavaudantImmanent imitations, animal affects: From Hijikata Tatsumi to Marcus CoatesPaying attention, participating in the whole: Allan Kaprow alongside Lygia ClarkEthical durations, opening to other times: Returning to Goat Island with WilsonIn-Conclusion: What 'good' is immanent theatre? Immanence as an ethico-aesthetic valueCodaBibliographyIndex.

Recent debates in metaphysics have highlighted the significance of type theories, such as Simple Type Theory (STT), for our philosophical analysis. In this chapter, I present the salient features of a constructive type theory in the style of Martin-Löf, termed CTT. My principal aim is to convey the flavour of this rich, flexible and sophisticated theory and compare it with STT. I especially focus on the forms of quantification which are available in CTT. A further aim is to argue that (...) a comparison between a plurality of theories is beneficial to the philosophical analysis. We may, for example, discover helpful features of one theory that we may want to import into another context, thus enriching our repertoire of formal tools. Or, through comparison with a less well-known theory, we may gain a better understanding of the characteristics of the theories we are familiar with. As argued in this chapter, CTT has much to offer in all of these respects. (shrink)

Predicativity is a notable example of fruitful interaction between philosophy and mathematical logic. It originated at the beginning of the 20th century from methodological and philosophical reflections on a changing concept of set. A clarification of this notion has prompted the development of fundamental new technical instruments, from Russell's type theory to an important chapter in proof theory, which saw the decisive involvement of Kreisel, Feferman and Schütte. The technical outcomes of predica-tivity have since taken a life of their own, (...) but have also produced a deeper understanding of the notion of predicativity, therefore witnessing the " light logic throws on problems in the foundations of mathematics. " (Feferman 1998, p. vii) Predicativity has been at the center of a considerable part of Feferman's work: over the years he has explored alternative ways of explicating and analyzing this notion and has shown that predicative mathematics extends much further than expected within ordinary mathematics. The aim of this note is to outline the principal features of predicativity, from its original motivations at the start of the past century to its logical analysis in the 1950-60's. The hope is to convey why predicativity is a fascinating subject, which has attracted Feferman's attention over the years. (shrink)

Laura Nader is a towering figure as anthropologist, teacher, and public intellectual. Her letters give a glimpse of academic life mostly unseen by academics and by the general public. The collection includes letters from academic colleagues, but it also contains correspondence from lawyers, politicians, citizens, people on death row, Peace Corps workers, members of the military, scientists, and more.

Insights into the intelligence throughout the natural and technical environment, in the fabric of our devices and dwellings, in our clothes, and under our skin. Is there a way to understand the materials that surround us not as passive objects, but as other intelligences interacting with our own? In Parallel Minds, expert in materials science and nanotechnology Laura Tripaldi delivers not only detailed insights into the properties and emergent behaviors of matter as revealed by state-of-the-art chemistry, synthetic biology, and (...) nanotech, but also a rich philosophical reflection that crosses the frontier between nature and culture, where the most cutting-edge scientific syntheses resonate with ancient myth. The result is a technomaterial bestiary full of unexpected encounters with “strange minds”—from cobwebs to kevlar and carbon fibre, from centaurs to amoebas to arachnids, from polycephalic slime to resonating plasmons, from viruses to golems. Parallel Minds reveals the intelligence at large throughout the natural and technical environment, in the fabric of our devices and dwellings, in our clothes, and even under our skin. Full of lateral ideas and unexpected images, Tripaldi’s book imbues the study and synthesis of materials with a new urgency. For not only do the materials that surround us participate actively in the construction of the world in which we live, but harnessing their ability to interact intelligently with their environment could be the key to the future of our species. (shrink)

This paper offers a novel solution to the Wrong Kind of Reason problem that afflicts Fitting-Attitude analyses of value. I argue that we can distinguish reasons of the right kind from reasons of the wrong kind by being clear about what our reasons are for. In Wrong Kind of Reason cases, our reason to have a certain affective attitude is a reason for an action, and it is this category-mistake that is the source of the problem.

We began writing the first edition of this textbook in 2006, soon after a wave of major corporate scandals had shaken the financial world. Headlines made the companies involved in these ethical scandals household names: Enron, WorldCom, Arthur Andersen, KPMG, J.P. Morgan, Merrill Lynch, Morgan Stanley, Citigroup, Salomon Smith Barney. At that time, we suggested that, in light of such significant cases of financial fraud, mismanagement, criminality, and deceit, the relevance of business ethics could no longer be questioned.

The purpose of this article is to open a dialogue between research in social sciences concerning collective emotion and historical investigation concerning a religious and political movement of the...

Makes a case for the power of music and sound in the face of fascistic forces, from modernism to the present.

Silver Spring monkeys -- Roots of the movement -- New visions -- Ideology into action -- The movement takes off -- Gaining momentum -- Focus on farming -- Moving forward.

The price for morality as the meaning of existence is the entrance of another kind of absurdity, a moral absurdity. Clearly, there is something absurd about life on The Good Place. Moral worth, both on The Good Place and in our real‐life existence, comes in degrees. Deontological views, most famously associated with Immanuel Kant, hold that the morality of an action is determined based on whether or not it adheres to a moral rule. Care requires being flexible in different situations (...) so as to best foster caring relationships with others. A care ethics approach would give some support to Eleanor's claims in The Good Place, insofar as a caring home life is essential to the development of the child in a variety of ways. The power of caring relationships is perhaps nowhere more salient than in the show's final few episodes. (shrink)

This chapter contains sections titled: Notes.

Language and thought share a unitary cognitive activity, addressed by an interpretative function. This interpretative effort reveals the assonance between the attribution of meaning to an utterance and the discovery of a solution via restructuring in insight problem solving. We suggest a view of complex integrated analytical thinking, which assumes that thinking processes information in different ways, depending on the characteristics of the tasks the subject has to solve, so that reasoning results in a stepwise, rule-based process or in a (...) widespread activity of search where implicit parallel processes are also involved. We investigated the interrelationship between language and thought in insight problem solving, in both its positive (Experiments 1 and 3) and its negative effects (Experiment 2). Our results are discussed in the light of the debate on dual processing theories. (shrink)

Neoliberal Techniques of Social Suffering: Political Resistance and Critical Theory from Latin America and Spain is the result of the critical and political commitment of various Latin American and Spanish philosophers who share a critical approach to the global “stealth revolution” in recent decades, where neoliberalism has forced the well-being and reproduction of life to adapt to a system devastating for both humans and non-humans. The authors voice the shared concern of contemporary Spanish and Latin American societies to build new (...) conceptions of the public and the common through mobilizing affects usually disavowed in political theory. If, in Ancient Greece, the idea of strengthening the most vulnerable and weakest was deplored as the art of sophists, this collection edited by Laura Quintana and Nuria Sánchez Madrid explores the other side of our social world to revive grassroots strategies of resistance and emancipation, which are able to bring about new distributions of power, welfare, and discursive legitimation and to extend our goal of creating a radically democratic world. (shrink)

This chapter contains sections titled: Conception Gestation Labor and Delivery Home Note.

Despite the centrality of the term within the title, the meaning of ?care? in residential child care remains largely unexplored. Shifting discourses of residential child care have taken it from the private into the public domain. Using a care ethics perspective, we argue that public care needs to move beyond its current instrumental focus to articulate a broader ontological purpose, informed by what is required to promote children's growth and flourishing. This depends upon the establishment of caring relationships enacted within (...) the lifespaces shared by children and those caring for them. We explore some of the central features of caring in the lifespace and conclude that residential child care is best considered to be a practical/moral endeavour rather than the technical/rational one it has become. It requires morally active, reflexive practitioners and containing environments. (shrink)

The so-called bottoming-out problem is considered one of the most serious problems in Stuart Glennan's mechanistic theory of causality. It is usually argued that such a problem cannot be overcome with the acknowledgement of the non-causal character of fundamental phenomena. According to such a widespread view, in the mechanistic account causation must go all the way down to the bottom level; a solution to the bottoming-out problem, therefore, requires an appeal to an ancillary account of causation that covers fundamental phenomena. (...) In this paper I reconsider the arguments that led to this conclusion and criticize them. I argue that the no-causality-at-the-fundamental-level solution is in harmony with the causal anti-fundamentalism that characterizes the mechanistic theory. Moreover, contrarily to the dualistic solution put forward by Glennan, the no-causality-at-the-fundamental-level is not an ad-hoc solution.Finally, I provide the sketch for an account of the existence of an order in nature at the fundamental level that is consistent with the singularist and ontologically parsimonious spirit of the mechanistic account. (shrink)

Le blockbuster, c'est de l'explosif. A l'origine du mot, une bombe utilisée pendant la Seconde Guerre mondiale, capable de détruire tout un pâté de maisons. Et il n'y a sans doute pas d'image plus typique du blockbuster que celle d'une gigantesque explosion. Les déflagrations dont il s'agit dans ce livre ne sont pas uniquement celles que racontent les films. Produit grand public, confectionné grâce à d'immenses investissements financiers, le blockbuster s'apparente à une bombe à fragmentation, pulvérisant l'objet filmique dans des (...) contextes de consommation qui n'ont plus rien à voir avec le cinéma, se diffractant sur le marché mondial sous forme de produits dérivés, T-shirts, figurines et autres gadgets. Sept auteurs, philosophes et critiques, se sont penchés sur quelques blockbusters de leur choix. A chaque fois, les films dynamitent la pensée et l'entraînent dans des directions inattendues : les gremlins sabotent les écrans et contaminent les images, Godzilla et King Kong se font machines à échanger les regards, Batman devient le théâtre d'une déconstruction du politique, Alien met en scène les métamorphoses d'un récit qui ne change jamais, et Titanic coule comme cette industrie lourde qu'est le cinéma lui-même... (shrink)

While various definitions of moral distress have been proposed, some agreement exists that it results from illegitimate constraints in clinical practice affecting healthcare professionals’ moral agency. If we are to reduce moral distress, instruments measuring it should provide relevant information about such illegitimate constraints. Unfortunately, existing instruments fail to do so. We discuss here several shortcomings of major instruments in use: their inability to determine whether reports of moral distress involve an accurate assessment of the requisite clinical and logistical facts (...) in play, whether the distress in question is aptly characterized as moral, and whether the moral distress reported is an appropriate target of elimination. Such failures seriously limit the ability of empirical work on moral distress to foster appropriate change. (shrink)

Dr. Laura dives into the controversial topics and thorniest problems that face today's parents and grandparents, husbands and wives, men and women, and everyone seeking love, fulfillment, success -- or simply anyone who wants to be a decent and productive human being. With her trademark provocative, firm, but always thought-provoking and values-centered advice, Dr. Laura provides guidance that will inspire readers to be the very best they can be. Based on the tough-love advice from the calls and letters (...) Dr. Laura receives. (shrink)

In this paper, I would like to explore the idea that some non-human animals may be incapable of detaching or separating some of their concepts both from other concepts and from the larger thought contents that they are part of. This, in turn, will make it impossible for them to recombine these undetachable concepts with others in every admissible way. I will begin by distinguishing three different ways in which one concept may be undetachable from others, and I will show (...) how each of them leads to specific restrictions in the kinds of conceptual re-combinations that they admit. Finally, I will try to provide some theoretical reasons, as well as some empirical evidence, to give at least initial support to the hypothesis that some non-human animals actually suffer from the limitations previously identified. (shrink)