Both traditional accounts of hope and some of their recent critics analyze hope exclusively in terms of attitudes that a hoper bears towards a hoped-for prospect, such as desire and probability assignment. I argue that all of these accounts misidentify cases of despair as cases of hope, and so misconstrue the nature of hope. I show that a more satisfactory view is arrived at by noticing that in addition to the aforementioned attitudes, hope involves a characteristic attitude towards an external (...) factor, on whose operation the hoper takes the prospect's realization to depend causally. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.2 (2002) 260-272 [Access article in PDF] Tragic Conflict and Greatness of Character Ariel Meira IT IS A SURPRISING FACT that some of our best literary examples of greatness of character are of persons acting in a way that involves them in a terrible burden of guilt. As spectators we perceive Oedipus, in Sophocles's Oedipus the King, 1 as one who upon discovering the identity (...) of his father and mother affirms that he bears guilt for killing the former and committing incest with the latter, and we typically concur in some vague way with his affirmation. 2 We do not, after all, think that his affirmation is merely the consequence of some confusion about morals on his part, and that he would have been more justified in treating his discovery with a light conscience. Furthermore, it seems that our conception of his greatness is intimately bound up with our being acquainted with him as someone who acted so as to render himself profoundly guilty in this way. What is paradoxical is that moral taint would be expected to reduce our admiration for a character and our attribution of greatness to it. Why then should noteworthy paradigms of greatness of character be morally tainted characters? Can we make sense of the idea that some kinds of guiltiness might be constitutive of greatness of character?As it is well-known, Aristotle says that in order for a tragedy best to achieve its desired effect, it should portray a protagonist "who is not pre-eminent in moral virtue, who passes to bad fortune not through vice or wickedness, but because of some hamartia...." 3 The term "hamartia" is variously translated as "piece of ignorance," "miscalculation," and "error of judgment," but as O. B. Hardison notes, it must be treated as designating a moral flaw, because it renders the protagonist [End Page 260] less than "pre-eminent in moral virtue." 4 However, even if the term is interpreted as covering what I have described as the moral taint associated with greatness of character, it should be clear that Aristotle does not provide here an answer to my question. At best he can be viewed as explaining why morally tainted characters of this sort are crucial to achieving tragic effect. He is not explaining how it is that such characters can be viewed as paradigms of greatness.I propose not to treat this paradox in its most general form, but rather by confining my attention to an interesting subclass of cases. What I have in mind are cases in which a protagonist finds himself or herself in what I shall call circumstances of tragic conflict. Such circumstances determine that a choice must be made between two (or perhaps more) courses of action, even though each of the courses involves the violation of an important moral claim, or the destruction of a crucial value. As spectators or readers, we typically perceive the protagonist as emerging with a heavy burden of guilt (much in the way noted above regarding Oedipus), and we recognize that he or she was bound to emerge guilty, no matter which course of action would have been chosen. Cases such as that of Agamemnon (bearing guilt for the sacrifice of his daughter Iphigenia in Aeschylus's Agamemnon), 5 of Jephthah (again bearing guilt for the sacrifice of his daughter, in Judges 11), 6 and of Orestes (bearing guilt for the murder of his mother Clytemnestra in Euripides's Orestes) 7 belong quite uncontroversially to this subclass. 8These protagonists make difficult choices, and carry them out with courage and resolution, qualities which explain to some extent our perception of them as possessing greatness of character. But in making their choice, they necessarily render themselves guilty, whether or not they have made the correct choice (assuming there is a correct choice in the circumstances). And we sense that suffering the peculiarly poignant pain which accompanies their guilty action is at least partly constitutive of their greatness. Clearly, we are faced again with the paradox of the association of guilt with greatness of character.In... (shrink)

The paper argues that four-dimensionalism is incompatible with the existence of additively cumulative properties, including mass, volume, and electrical charge. These properties add up over disjoint objects: for example, the mass of a whole composed of two disjoint objects is a sum of the individual masses of the objects. The difficulty with such properties for four-dimensionalism stems from the way this theory makes persistence depend on the existence of disjoint objects at disjoint times. I consider various possible responses to this (...) difficulty and conclude that they all fail. (shrink)

The principle of Summation, which is a technically sharpened version of the familiar claim that a whole is a sum of its parts, is presented by Peter van Inwagen as a trivial truth. I argue to the contrary, that it is incompatible with the natural assumption that a whole may gain or lose parts non-instantaneously. For, as I show, the latter assumption implies that something can be determinately a whole without being determinately a sum of parts, and this, in turn, (...) indicates the falsity of Summation. I point out that the tension between Summation and the possibility of non-instantaneous gain or loss of parts compels us to rethink the relations between the concepts of whole and sum, and may have far reaching consequences for the mereology of physical objects. (shrink)

Cognitive penetration of perception, broadly understood, is the influence that the cognitive system has on a perceptual system. The paper shows a form of cognitive penetration in the visual system which I call ‘architectural’. Architectural cognitive penetration is the process whereby the behaviour or the structure of the perceptual system is influenced by the cognitive system, which consequently may have an impact on the content of the perceptual experience. I scrutinize a study in perceptual learning that provides empirical evidence that (...) cognitive influences in the visual system produce neural reorganization in the primary visual cortex. The type of cognitive penetration can be synchronic and diachronic. (shrink)

"Some sentences contain no overt quantifier, yet are interpreted quantificationally, e.g., Plumbers are available (entailing that some plumbers are available), or Plumbers are intelligent (whose entailment is less clear, but seems to be saying that a large number of plumbers are intelligent). Where does the quantifier come from? In this book, Ariel Cohen makes the novel proposal that the quantifier is not simply an empty category, but is generated by reinterpretations mechanisms, which are governed by well specified principles. He (...) demonstrates how the puzzling and sometimes mysterious properties of such sentences can be naturally derived from the reinterpretation mechanisms that generate them. The resulting picture has substantial implications that language contains hidden elements, underlying its surface structure"--. (shrink)

Socrates' promise and Alcibiades' failure (Alcibiades 103-116) -- The exaltation of virtue (Alcibiades 116-135) -- Rescuing Alcibiades (Second Alcibiades) -- A puzzling retrospective (Symposium 211-222).

Interprets the Letters as a literary unity (designed almost as a novel by Plato) and provides insight into and information about Plato's self-understanding and his overall intentions as an author of his dialogues.

Using data from 1,352 middle-school Israeli adolescents, the current study examines the interface of spirituality and character strengths and its longitudinal contribution to subjective well-being and prosociality. Participants were approached three times over a 14-months period and completed measures of character strengths, spirituality, subjective well-being (positive emotions, life satisfaction), and prosociality. Findings revealed a fourth-factor structure of character strengths that included the typical tripartite classification of intrapersonal, interpersonal, and intellectual strengths together with spirituality emerging as a statistically autonomous factor. Spirituality (...) was stable over time and contributed to higher subjective well-being and prosociality both cross-sectionally and longitudinally. Discussion focuses on spirituality as a fundamental character strength and an important aspect of positive development. (shrink)

This book discusses the equating of human lives with the material and argues that pricing lives lies at the core of the political. Indeed, as in Plato or Hobbes as well as in the Weberian ethics of responsibility, measurement is considered to be one of the central features of the political. This book argues that this measure relies primarily on two goods: human lives and interests. It also argues that the material equivalence to lives is twofold. Such equivalence is a (...) double equation, as we pay for lives and we pay with lives. This double equation is constitutive of the measurement upon which the political equilibrium of a society depends and, as such, is constitutive of the political. The book adopts two approaches: one explanatory and the other normative. First, its purpose is to explain the nexus between existential goods and material goods and includes a thorough analysis of several case studies drawn from contemporary politics both domestic and international. Second, it discusses normatively the material valuation of human lives and the human value of material goods. The book relies upon interdisciplinary thinking as the material equivalent to lives is not only extremely relevant for political theory and philosophy, it is of great relevance for law. Great works of literature such as Shakespeare's plays are also excellent political illustrations of the importance of pricing lives we can learn from. Value attribution is an important question in the social sciences, notably in sociology, history and international relations. (shrink)

What ends should designers pursue? To what extent should they care about the societal and environmental impact of their work? And why should they care at all? Given the key influence design has on the way people live their lives, designing is fraught with ethical issues. Yet, unlike education or nursing, it lacks widespread professional principles for addressing these issues. -/- Rooted in a communitarian view of design practice, this lively and accessible book examines design through the lens of professions, (...) offering a critical vision that enables practitioners, academics and students of design in all disciplines to reflect on the practice’s overarching purposes. Considering how these are connected to others' flourishing and moulded by community interactions, "The Goods of Design" argues for a practice-based approach to cultivate professional ethics; it provides a normative direction that can meaningfully guide professional design activity, both individually and collectively. The volume also looks into the implications work has for the designer's self-growth as a person, offering ways to discover and navigate the complex tensions between personal and professional life. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Solarpunk Conference by From Imagination to ActionAriel Kroon and Kees SchullerFrom Imagination to Action, The Solarpunk Conference, June 24, 2023, VirtualThe Solarpunk Conference was born out of the desire to see an accessible space dedicated to discussions of solarpunk. With solarpunk growing in popularity in both popular and academic circles, the need for such a space seemed obvious to the organizers. The organizers also felt the need (...) to bridge academic and popular conversations in a way that was productive and opened further discussion, as the disconnect between the academic and popular spheres is often damaging to social movements. [End Page 634]This was especially important for solarpunk because of its nature as being built from below. Solarpunk is crowdsourced, having evolved over the years from social media aesthetic to literature to social movement, with few canonical critical texts. Taking into consideration the distributed democratic nature at the heart of solarpunk, the conference aimed to be accessible to the widest array of people possible: in this regard, the conference was incredibly successful. As a remote conference, the event was already more financially and practically accessible than an in-person event. Tickets were available to those across the financial spectrum, with a large percentage of our tickets being pay-what-you-can, or free to those in need; live captioning was provided on the day of, volunteers were available throughout the day to address accessibility concerns, and the ability for attendees to request live translations or other accessibility options was also provided. Further, while still retaining academic integrity and value, the majority of the presentations were legible to the largely non-expert, non-academic audience.The other key goal for the conference was to create a space for conversation and networking between otherwise disconnected members of the solarpunk community. To this end, alongside the Zoom webinars used for presentations, a Discord server was created for attendees that saw consistent engagement, networking, and project sharing, further allowing presenters to engage with attendees after their talks, enabling extended Q+A sessions that otherwise would have not been possible within schedule constraints. This hybrid model between Zoom and Discord proved incredibly effective, allowing for a wide range of interactions, and encouraging the community building and idea sharing that were key to this conference.Throughout the conference, themes of climate grief and the disaffection and despair of late-stage neoliberal capitalism returned to the fore, with speakers positioning solarpunk as a way to combat these negative affects. Mirroring these themes, most speakers emphasized the necessity of direct (solarpunk) action to escape the dystopian long-present of contemporary corpo-capitalism. Perhaps because of these same themes appearing in the movement as a whole, solarpunk is often reduced to an aesthetic of green utopia, which is an unfair stereotype given that many strands of solarpunk thought could be labeled as anti-utopian or in the vein of critical utopian theory. Solarpunk’s explicit aim to imagine sociopolitical and economic realities beyond late-stage capitalist neoliberalism requires it to divest from what Lauren Berlant calls “stupid optimism”—“the faith that adjustment to certain forms or practices [End Page 635] of living and thinking... will secure one’s happiness” (2011, 126). Solarpunk rejects classical utopian picturing of a future world that operates according to the logics of the present, which in turn have been shaped by the (often racist, sexist, and classist) logics of the past (cf. Williams 2018; Kroon 2021). It is also important to note that solarpunk does not adhere to a singular vision of the future but instead acknowledges the biodiversity of nonhuman nature and the diversity of the human experience, and so encourages multiple futures that serve the peoples and lands on which they rest.The conference began with opening remarks by one of the organizers, Lindsay Jane, followed by a land acknowledgment by Cheryle Chagnon-Greyeyes, traditional knowledge-keeper and Indigenous activist from Muskeg Lake Cree Nation in Saskatchewan, Treaty Six. Chagnon-Greyeyes welcomed participants in nehiyaw (Cree), acknowledging her location in Mohkinstsis (Calgary, Alberta) and the Indigenous nations there, and reminding attendees to think about their connection to the land that they were on. She shared a teaching... (shrink)

This paper defends a rigorous reading of Hume’s critiques of arguments for the existence of God and of the belief in God against interpretations that endorse Humean theism, deism, and fideism. The latter include Donald Livingston’s theist reading, J. C. A. Gaskin’s “attenuated deism” reading, and Edward Kanterian’s “humble fideism” reading. I also examine whether Hume’s rejections of a positive theology commit him to agnosticism or atheism. My innovative challenge to such conclusions maintains that, while elements of both agnosticism and (...) atheism are found in Hume, these denote, respectively, a methodology and an incidental implication of his philosophy. But neither sufficiently captures his constructive vision for a society, individual psychology, and system of knowledge guided by naturalist principles and aims. For this, an alternate conception is needed that describes Hume’s philosophy of religion beyond mere atheism. (shrink)

On a souvent voulu expliquer les oeuvres par la vie de leur auteur. Ariel Suhamy fait l'inverse : il raconte ce qu'on sait de la vie de Spinoza à la lumière de sa doctrine. Son objet, c'est donc la vie humaine, la "vie véritable", celle qui ne se définit pas par la simple circulation du sang et la durée de l'existence, mais par l'intelligence de Dieu, du monde et de soi, et par les actes qui en découlent. Alors, comment (...) l'auteur de l'Éthique a-t-il vécu? Comment a-t-il mis en application sa pensée? Les mythes qui entourent cet homme, ce que l'Histoire peut reconstituer de sa vie, ne dérivent-ils pas aussi de cette pensée et de sa réception? Un livre novateur pour redécouvrir Spinoza."--Page 4 of cover. (shrink)

This essay outlines the transformation of the ostensibly mundane example of two hands touching each other in Husserl’s Ideas II into the pivotal concept in Merleau-Ponty’s ontology of flesh and notion of embodied subjectivity. By focusing on the contexts in which the example appears in the works of Husserl and of Merleau-Ponty, it seeks to explicate Merleau-Ponty’s fascination with Husserl’s example, its role in the development of his own thought and in the conceptual shift in his late works on the (...) body. I explore the various stages in the metamorphosis of Husserl’s example of touching hands, originally used merely to differentiate the sense of touch from that of sight, into Merleau-Ponty’s radical concept of flesh that overturns “our idea of the thing and the world, and... results in an ontological rehabilitation of the sensible.”. (shrink)

This essay offers a new understanding of Merleau-Ponty's notion of the Other, the problem that revolves around it, and its far-reaching repercussions by shedding light on aspects that usually go unnoticed in the interpretation of his late thought in these regards. I show how Merleau-Ponty's emerging ontology in his late writings opens anew, in a complex manner, the problem of the Other, transforming it in a way that dismantles, to begin with, traditional epistemological questions regarding the Other, as well as (...) principal difficulties regarding the Other's appearance within the realm of phenomena which have occupied phenomenology from its very beginning. I demonstrate how Merleau-Ponty's late writings in fact bind the problem of the Other with the question regarding the very limits of phenomenology and the realm of meaning as a whole. (shrink)

Character education is an increasingly discussed topic drawing upon virtue ethics as a moral theory. Scholars have predominantly understood educating character as a process that entails the formation of certain distinct character traits or functions through practice and habituation. However, these approaches present some problems. This paper explores the educational implications of various accounts focusing on the relationship between phronesis and other virtues. In particular, our focus will be on those that Miller (2023) has classified as Standard Model and Eliminativist (...) Model of practical wisdom. Starting from these accounts, we will outline three specific problems that the latter models appear to generate at a theoretical level in character education. Finally, we will address the task of demonstrating why the monist account of moral virtue recently proposed by the Aretai group—which conceives being virtuous in possessing phronesis understood as ethical expertise—might offer a refined response to these challenges. In addition, we will illustrate three educational pathways that can emerge from the same model. (shrink)

Our knowledge about the world is often expressed by generic sentences, yet their meanings are far from clear. This book provides answers to central problems concerning generics: what do they mean? Which factors affect their interpretation? How can one reason with generics? Cohen proposes that the meanings of generics are probability judgments, and shows how this view accounts for many of their puzzling properties, including lawlikeness. Generics are evaluated with respect to alternatives. Cohen argues that alternatives are induced by the (...) kind as well as by the predicated property, and thus provides a uniform account of the varied interpretations of generics. He studies the formal properties of alternatives and provides a compositional account of their derivation by focus and presupposition. Cohen uses his semantics of generics to provide a formal characterization of adequate default reasoning, and proves some desirable results of this formalism. (shrink)

This article asks how state formation processes informed the normative frameworks of late-Medieval and early-Modern Latin European and Muslim Middle Eastern regimes. The question at hand is not why pre-Modern regimes discriminated against religious minorities (as well as other groups) during the pre-Modern period, but why Western European states consistently engaged in mass expulsions of their non-Christian subjects from the late thirteenth century onward and the neighboring states of the Middle East did not. Rather than addressing these peculiar policies as (...) a function of religion, culture, or law the article adopts a comparative, contextual method. With the aid of Charles Tilly’s theoretical perspectives it isolates critical variables in pre-Modern Middle Eastern state formation. These variables are then used to shed light on the circumstances and relationships that led to Latin Europe’s mass expulsions of Jews and Muslims between 1290 and 1614. (shrink)

Philosophy and Phenomenological Research, EarlyView.

Generics are sentences such as Birds fly, which express generalizations. They are prevalent in speech, and as far as is known, no human language lacks generics. Yet, it is very far from clear what they mean. After all, not all birds fly—penguins don’t! -/- There are two general views about the meaning of generics in the literature, and each view encompasses many specific theories. According to the inductivist view, a generic states that a sufficient number of individuals satisfy a certain (...) property—in the example above, it says that sufficiently many birds fly. This view faces the complicated problem of spelling out exactly how many is “sufficiently many” in a way that correctly captures the intuitive truth conditions of generics. -/- An alternative, the rules and regulations view, despairs from this project and proposes instead that generics directly express rules in the world. Rules are taken to be abstract objects, which are not related to the properties of specific individuals. This view faces the difficult problem of explaining how people come to know of such rules when judging the truth of falsity of generics, and accounting for the strong intuition that a sentence such as Birds fly talks about birds, not abstract objects. -/- What seems to be beyond dispute is that generics, even if they do not express rules, are lawlike: they state non-accidental generalizations. Many scholars have taken this fact to indicate that generics are parametric on possible worlds: they refer to worlds other than the actual world. This, again, raises the problem of how people come to know about what happens in these other worlds. However, a rigorous application of standard tests for intensionality shows that generics are not, in fact, parametric on possible worlds, but only on time. This unusual property may explain much of the mystery surrounding generics. -/- Another mysterious property of generics is that although there is no language without them, there is no linguistic construction that is devoted to the expression of genericity. Rather, generics can be expressed in a variety of ways, each of which can also express nongenerics. Yet, each manifestation of generics differs subtly (or sometimes not so subtly) in its meaning from the others. -/- Even when these and other puzzles of genericity are solved, one mystery would remain: Why are generics, which are so easy to produce and understand in conversation, so difficult to analyze? (shrink)

In this work, the author formulates a critique of widely accepted mereological assumptions, presents a new conception of wholes as ‘Unities’, and demonstrates the advantages of this new conception in treating a variety of metaphysical puzzles (such as that of Tibbles the cat). More generally he suggests that conceiving wholes as Unities offers us a new way of understanding the world in non-reductive terms.

No one realized that the book and the labyrinth were one and the same.道可道[也]，非常[恆]道名可名[也]，非常[恆]名无名，天地[萬物]之始有名，萬物之母 故常[恆]無欲，以觀其眇常[恆]有欲，以觀其徼[噭]此兩者同出而異名同謂之玄，玄之又玄，眾眇之門。The dao that can be spoken of is not the constant DaoThe name that can be named is not the constant name;Nameless, it is the beginning of heaven and earth [the myriad things]Named, it is the mother of the myriad things. Therefore,Constantly without desire, observe its marvels;Constantly with desire, observe its manifestationsThese two are the same, when emerged they are named differently.When merged, this is called mystery, (...) mystery upon mystery, the gateway to the numerous marvels. (Daodejing 1)1The paradoxical opening lines of the Daodejing have .. (shrink)

One of the leading theories of social learning today is Wenger's theory of Communities of Practice'. CoP-theory reiterates basic tenets of social learning theory yet it us set apart from other theories of social learning and education not only by centering on identity-formation but by positing four key dualities as inherent structural features of the educational process. While concurring with Wenger's 'dilemmatic' understanding of education and his open-ended, practice-based conception of identity-formation, we argue that Wenger's theory overlooks central elements that (...) are needed in order to fully articulate the ends of the educational process, as he conceives them. We claim that further supplementation is needed to support the kind of educational processes that Wenger advocates. Referring to the work of Jack Mezirow and Charles Taylor, this supplementation concerns both critical reflection and 'ethical imagination'. Rather than threatening the coherency of the theory, we claim that these supplementations are internally derived from the ends of CoP-theory and are necessary for its very possibility. To remain in line with Wenger's dilemmatic structure of education, these supplementations are presented in the form of a duality: the tension between artistic and ethical imagination. (shrink)

ABSTRACTThis article argues that received accounts of the concept of human dignity face more difficulties than has been appreciated, when explaining the connection between human dignity and the duty of respect that dignity is supposed to generate. It also argues that a novel, relational, account has the adequate structure to explain such connection.

Generics and frequency statements are puzzling phenomena: they are lawlike, yet contingent. They may be true even in the absence of any supporting instances, and extending the size of their domain does not change their truth conditions. Generics and frequency statements are parametric on time, but not on possible worlds; they cannot be applied to temporary generalizations, and yet are contingent. These constructions require a regular distribution of events along the time axis. Truth judgments of generics vary considerably across speakers, (...) whereas truth judgments of frequency statements are much more uniform. A generic may be false even if the vast majority of individuals in its domain satisfy the predicated property, whereas a frequency statement using, e.g., usually would be true. This paper argues that all these seemingly unrelated puzzles have a single underlying cause: generics and frequency statements express probability judgments, and these, in turn, are interpreted as statements of hypothetical relative frequency. (shrink)

Through hypothetical scenarios, this paper analyses whether machine learning (ML) could resolve one of the main shortcomings present in Christopher Boorse’s Biostatistical Theory of health (BST). In doing so, it foregrounds the boundaries and challenges of employing ML in formulating a naturalist (i.e., prima facie value-free) definition of health. The paper argues that a sweeping dataist approach cannot fully make the BST truly naturalistic, as prior theories and values persist. It also points out that supervised learning introduces circularity, rendering it (...) incompatible with a naturalistic perspective. Additionally, it underscores the need for pre-existing auxiliary theories to assess results from unsupervised learning. It emphasizes the importance of understanding the epistemological entanglements between data and data processing methods to manage expectations about what data patterns can predict. In conclusion, the paper argues against delegating the final authority for defining complex concepts like health to AI systems, as it necessitates ethical judgment and capacities for deliberation that AI currently lacks. It also warns against granting creators and deployers of AI systems the discretionary authority to determine these definitions outside the wider social discussion, advocating for ongoing public engagement on normative notions. Failure to do so risks limiting individuals and collectives’ ability to shape a just digital future and diminishes their fundamental epistemic agency. (shrink)

Doernberg and Truog (2023) present a thoughtful analysis of the ethical tensions that arise from physicians increasingly occupying “multiple roles in healthcare”1 I take no issue with the classific...

This article focuses on human dignity as a moral idea and, in particular, on a single but fundamental question: what conception of human dignity, if any, can generate an egalitarian duty to respect all persons? After surveying two mainstream and two alternative conceptions, the article suggests that explaining how human dignity generates an egalitarian duty of respect may be more difficult than has been appreciated.

It is widely agreed that generics tolerate exceptions. It turns out, however, that exceptions are tolerated only so long as they do not violate homogeneity: when the exceptions are not concentrated in a salient “chunk” of the domain of the generic. The criterion for salience of a chunk is cognitive: it is dependent on the way in which the domain is mentally represented. Findings of psychological experiments about the ways in which different domains are represented, and the actors affecting such (...) representations, account for judgments of generic sentences, facts which cannot be explained by linguistics alone. The reason for the homogeneity requirement itself is, in turn, also dependent on cognitive considerations. Generics express default rules, and psychological findings have shown that, the more homogeneous the domain, the easier it is for subjects to infer rules about it. Thus, cognitive results form a crucial part of a comprehensive account of the meaning of a linguistic expression. (shrink)

This Article explores the rule of law aspects of the intersection between intellectual property and antitrust law. Contemporary discussions and debates on intellectual property, antitrust, and the intersection between them are typically framed in economically oriented terms. This Article, however, shows that there is more law in law than just economics. It demonstrates how the rule of law has influenced the development of several IP doctrines, and the interface between IP and antitrust, in important, albeit not always acknowledged, ways. In (...) particular, it argues that some limitations on IP rights, such as exhaustion and limitations on tying arrangements, are grounded in rule of law principles restricting the arbitrary exercise of legal power, rather than solely in considerations of economic efficiency. The historical development of IP law has reflected several tensions, both economic and political, that lie at the heart of the constitutional order of the modern state: the tension between the benefits of free competition and the recognition that some restraints on competition may be beneficial and justified; the concern that power, even when conferred in the public interest, can often be abused and arbitrarily. (shrink)

Introduction Introducing Accessibility theory 0.1 On the role of context Utterances cannot be processed and interpreted on their own. ...