This paper delves into the nature of intellectual property rights in aesthetic creations, particularly works of visual art and literary works. The discussion focuses on copyrights interests, but there are also implications for trademark and patent rights. The argument assumes a fairly conventional definition of "property," namely, the set of legal relations between the owner and all other persons relating to the use, enjoyment and disposition of a tangible thing. The problem with such a definition as applied to aesthetic creations (...) is that no ordinary tangible thing necessarily embodies a creation which can exist in multiple copies, so the paper takes the transcendent view that the tangible thing subject to legal relations is the entire terra firma or material universe being shaped in the image, sounds or words of the aesthetic creation. Therefore, the paradigm suggested for intellectual property is a monopoly on shaping the entire physical universe, thus the Worldmaking concept. It then follows that intellectual property in an aesthetic creation enables the owner to stop plagiarists from using any part of the material world to recreate in the audience the imaginative experiences first created by the protected work. (shrink)

Trademarks are not just property; they are aesthetic creations that pervade everyday experience. As pervasive aesthetic creations having literary, pictorial, graphic, sculptural, and musical content, trademarks deserve aesthetic analysis. So this paper discusses the origins, strength, appeal, and effectiveness of trademarks within the context of aesthetic considerations such as meaning, intention, authorship, and mode of creation. Also reviewed are morphemic and phonemic analysis of trademarks, semantic positioning, the dichotomy between creation and discovery of trademarks, and the differences between trademarks and (...) titles. The discussion is confined to "word marks" consisting of alphanumeric characters because discussing other kinds of marks (such as designs, configurations, sounds, colors, and scents) would raise issues well beyond the scope of a single article. (shrink)

After describing a constantly changing aesthetic environment in which artistic and architectural works are created and destroyed, this paper asks how legal judgments are made to preserve such works. Specifically the paper addresses legal standards for art preservation such as "recognized quality," "serious artistic value," and "historic, artistic or aesthetic interest." The discussion surveys many of the laws which require "quality" in art, the court opinions which interpret these laws and legal standards, the rules of evidence, and suggestions for how (...) to make legal decisions about art preservation in an age whose motto may become ars brevis, vita longa. (shrink)

Part I of this article advances a new theory of humor, the Enlightenment Theory, while contrasting it with other main theories, including the Incongruity, Repression/Relief/Release, and Superiority Theories. The Enlightenment Theory does not contradict these other theories but rather subsumes them. As argued, each of the other theories cannot account for all the aspects of humor explained by the Enlightenment Theory. The discussion is illustrated with examples of humor and explores the acts and circumstances of humor, its literary and artistic (...) expressions, and its physical reactions. Part II shows how the Enlightenment Theory meets challenging issues in humor theory where other theories sometimes falter, including issues such as failed humor, motivation for humor, tickling, laughing gas, and sadistic humor. Also mentioned are literary and musical humor and the relationship of wit to humor. (shrink)

Part I of this article advanced a new theory of humor, the Enlightenment Theory, while contrasting it with other main theories, including the Incongruity, Repression/Relief/Release, and Superiority Theories. The Enlightenment Theory does not contradict these other theories but rather subsumes them. As argued, each of the other theories cannot account for all the aspects of humor explained by the Enlightenment Theory. Part II shows how the Enlightenment Theory meets challenging issues in humor theory where other theories falter, including failed humor, (...) motivation for humor, tickling, laughing gas, and sadistic humor. Also mentioned are the Enlightenment Theory's application to literary and musical humor and the relationship of wit to humor. -/- . (shrink)

A scholarly edition of Essay Concerning Human Understanding by P. H. Nidditch. The edition presents an authoritative text, together with an introduction, commentary notes, and scholarly apparatus.

Accounts of the concepts of function and dysfunction have not adequately explained what factors determine the line between low‐normal function and dysfunction. I call the challenge of doing so the line‐drawing problem. Previous approaches emphasize facts involving the action of natural selection (Wakefield 1992a, 1999a, 1999b) or the statistical distribution of levels of functioning in the current population (Boorse 1977, 1997). I point out limitations of these two approaches and present a solution to the line‐drawing problem that builds on the (...) second one. (shrink)

This paperback edition reproduces the complete text of the Essay as prepared by professor Nidditch for The Clarendon Edition of the Works of John Locke. The Register of Formal Variants and the Glossary are omitted and Professor Nidditch has written a new foreword.

Similarly to other accounts of disease, Christopher Boorse’s Biostatistical Theory (BST) is generally presented and considered as conceptual analysis, that is, as making claims about the meaning of currently used concepts. But conceptual analysis has been convincingly critiqued as relying on problematic assumptions about the existence, meaning, and use of concepts. Because of these problems, accounts of disease and health should be evaluated not as claims about current meaning, I argue, but instead as proposals about how to define and use (...) these terms in the future, a methodology suggested by Quine and Carnap. I begin this article by describing problems with conceptual analysis and advantages of “philosophical explication,” my favored approach. I then describe two attacks on the BST that also question the entire project of defining “disease.” Finally, I defend the BST as a philosophical explication by showing how it could define useful terms for medical science and ethics. (shrink)

In a series of recent papers, I have made three arguments about how to define “disease” and evaluate and apply possible definitions. First, I have argued that definitions should not be seen as traditional conceptual analyses, but instead as proposals about how to define and use the term “disease” in the future. Second, I have pointed out and attempted to address a challenge for dysfunction-requiring accounts of disease that I call the “line-drawing” problem: distinguishing between low-normal functioning and dysfunctioning. Finally, (...) I have used a dysfunction-requiring approach to argue that some extremely prevalent conditions, such as high blood pressure, high cholesterol, and ductal carcinoma in situ, are not diseases, but instead are risk factors. Four of the papers in this issue directly engage my previous work. In this commentary, I applaud the advances these authors make, address points of disagreement, and make suggestions about where the discussion should go next. (shrink)

"Modern History" versions of the etiological theory claim that in order for a trait X to have the proper function F, individuals with X must have been recently favored by natural selection for doing F (Godfrey-Smith 1994; Griffiths 1992, 1993). For many traits with prototypical proper functions, however, such recent selection may not have occurred: traits may have been maintained due to lack of variation or due to selection for other effects. I examine this flaw in Modern History accounts and (...) offer an alternative etiological theory, the Continuing Usefulness account, which appears to avoid such problems. (shrink)

Providing an overview of the intellectual roots of the worldwide environmental movement - from ancient religions and philosophies to modern science and ethics - this book synthesises them into a new philosophy of nature in which to ground ...

Our inability to feel what others feel makes it difficult to understand how they think. Because moral intuitions organize political attitudes, moral empathy gaps can exacerbate political conflict (and other kinds of conflict as well) by contributing to the perception that people who do not share our moral opinions are unintelligent and/or have malevolent intentions.

I argue that ductal carcinoma in situ (DCIS), the tumor most commonly diagnosed by breast mammography, cannot be confidently classified as cancer, that is, as pathological. This is because there may not be dysfunction present in DCIS—as I argue based on its high prevalence and the small amount of risk it conveys—and thus DCIS may not count as a disease by dysfunction-requiring approaches, such as Boorse’s biostatistical theory and Wakefield’s harmful dysfunction account. Patients should decide about treatment for DCIS based (...) on the risks it poses and the risks and benefits of treatment, not on its disease status. (shrink)

This study examined preschool children’s reasoning about and behavioral interactions with one of the most advanced robotic pets currently on the retail market, Sony’s robotic dog AIBO. Eighty children, equally divided between two age groups, 34–50 months and 58–74 months, participated in individual sessions with two artifacts: AIBO and a stuffed dog. Evaluation and justification results showed similarities in children’s reasoning across artifacts. In contrast, children engaged more often in apprehensive behavior and attempts at reciprocity with AIBO, and more often (...) mistreated the stuffed dog and endowed it with animation. Discussion focuses on how robotic pets, as representative of an emerging technological genre, may be blurring foundational ontological categories, and impacting children’s social and moral development. (shrink)

Peter Spader has written a magisterial study on Max Scheler, one of phenomenology’s earliest and greatest figures, whose theory of ethical personalism has become a major voice in the formulation of phenomenological ethics today. Spader follows Scheler’s use of the classic phenomenological approach, by means of which he presented a fresh view of values, feelings, and the person, and thereby staked out a new approach in ethics. Spader recreates the logic of Scheler’s quest, revealing the basis of his thought (...) and the reasons for his dramatic changes of direction. This remarkable study provides a framework that allows us to understand Scheler’s insights in the context of their dynamic evolution of his thought. It corrects imbalances in the presentation of his ideas and defends Scheler against key misunderstandings and criticisms. In short, Spader’s work continues the process of developing Scheler’s pioneering theory of ethical personalism. (shrink)

In this paper, we move toward offering psychological benchmarks to measure success in building increasingly humanlike robots. By psychological benchmarks we mean categories of interaction that capture conceptually fundamental aspects of human life, specified abstractly enough to resist their identity as a mere psychological instrument, but capable of being translated into testable empirical propositions. Nine possible benchmarks are considered: autonomy, imitation, intrinsic moral value, moral accountability, privacy, reciprocity, conventionality, creativity, and authenticity of relation. Finally, we discuss how getting the right (...) group of benchmarks in human–robot interaction will, in future years, help inform on the foundational question of what constitutes essential features of being human. (shrink)

Patients should not always receive hard data about the risks and benefits of a medical intervention. That information should always be available to patients who expressly ask for it, but it should be part of standard disclosure only sometimes, and only for some patients. And even then, we need to think about how to offer it.

Philosophical interest in the biological concept of function stems largely from concerns about its teleological associations. Assigning something a function seems akin to assigning it a purpose, and discussion of the purpose of items has long been off-limits to science. Analytic philosophers have attempted to defend ‘function’ by showing that claims about functions do not involve any reference to a problematic notion of purpose. To do this, philosophers offer short lists of necessary and sufficient conditions for the application of the (...) concept—where the conditions involve only acceptable physical or biological notions—and claim that the set of conditions captures the import of function statements. (shrink)

'Modern History' views claim that in order for a trait X to have the proper function F, X must have been recently favored by natural selection for doing F (Griffiths 1992, 1993; Godfrey-Smith 1994). For many traits with prototypical proper functions, however, such recent selection may not have occurred, since traits may have been maintained owing to lack of variation or selection for other effects. I explore this flaw in Modern History accounts and offer an alternative etiological theory, which I (...) call the 'Continuing Usefulness' account. According to my view, a trait has the proper function F if and only if, first, the trait was favored by selection for doing F at some point (perhaps far in the past), and, secondly, the trait has recently contributed to survival and reproduction by doing F. This separates the requirement involving natural selection from the one involving the recent past, two issues that the Modern History account conflates. The clear separation allows a detailed analysis of the causal judgments and form of adaptationism that ground the etiological approach to function. (shrink)

Some experts have argued that patients should routinely be told the specific magnitude and absolute probability of potential risks and benefits of screening tests. This position is motivated by the idea that framing risk information in ways that are less precise violates the ethical principle of respect for autonomy and its application in informed consent or shared decisionmaking. In this Perspective, we consider a number of problems with this view that have not been adequately addressed. The most important challenges stem (...) from the danger that patients will misunderstand the information or have irrational responses to it. Any initiative in this area should take such factors into account and should consider carefully how to apply the ethical principles of respect for autonomy and beneficence. (shrink)

“Never attribute to malice that which is adequately explained by stupidity”—so says Hanlon’s Razor. This principle is designed to curb the human tendency toward explaining other people’s behavior by moralizing it. We ask whether Hanlon’s Razor is good or bad advice. After offering a nuanced interpretation of the principle, we critically evaluate two strategies purporting to show it is good advice. Our discussion highlights important, unsettled questions about an idea that has the potential to infuse greater humility and civility into (...) discourse and debate. (shrink)

In this paper, we move toward offering psychological benchmarks to measure success in building increasingly humanlike robots. By psychological benchmarks we mean categories of interaction that capture conceptually fundamental aspects of human life, specified abstractly enough to resist their identity as a mere psychological instrument, but capable of being translated into testable empirical propositions. Nine possible benchmarks are considered: autonomy, imitation, intrinsic moral value, moral accountability, privacy, reciprocity, conventionality, creativity, and authenticity of relation. Finally, we discuss how getting the right (...) group of benchmarks in human–robot interaction will, in future years, help inform on the foundational question of what constitutes essential features of being human. (shrink)

This two-part article includes the following: (1) excerpts from Peter H. Plesch’s essay originally published in Journal of Polymer Science, Part A (2004) 42, 7: 1537-1546 which reflects on Plesch’s research with Polanyi; (2) Plesch’s short account titled “Michael Polanyi and the Paranormal” which complements his original article’s discussion of his work with Polanyi. Together these two pieces provide interesting insights into P'olanyi’s work as a research scientist as weIl as reflections on the nature of scientific discovery.

Can original philosophy be done while simultaneously engaging in the history of philosophy? Such a possibility is questioned by analytic philosophers who contend that history contaminates good philosophy, and by historians of philosophy who insist that theoretical predecessors cannot be ignored. Believing that both camps are misguided, the contributors to this book present a case for historical philosophy as a valuable enterprise. The contributors include: Todd L. Adams, Lilli Alanen, Jos? Bernardete, Jonathan Bennett, John I. Biro, Phillip Cummins, Georges Dicker, (...) Daniel A. Dombrowski, Daniel Garber, Josiah Gould, Jorge J.E. Gracie, Daniel Graham, Charles Griswold, James Lawler, Rudolf Luthe, Edward H. Madden, George Mavrodes, Gerald E. Myers, Jonathan R?e, Frithjof Rodi, Kenneth L. Schmitz, Vladimir Shtinov, David G. Stern, Robert Turnbull, James Van Cleve, Frederick Van De Pitte, Henry Beatch, and Richard Watson. (shrink)

Studies of patient decision‐making use many different measures to evaluate the quality of decisions and the decision‐making process, partly to determine whether the ethical goals of informed consent, patient autonomy, and shared decision‐making have been achieved. We describe these measures, grouped under three main approaches, and review their limitations, leading to three conclusions. First, no measure or combination of measures can provide a complete assessment of decision quality. Second, the quality of a decision is best characterized vaguely, for instance as (...) “good,” “satisfactory,” or “poor,” and these categorizations depend on qualitative judgments that go beyond quantitative measures. Third, bioethicists should focus on identifying and addressing poor or problematic decisions, rather than trying to incrementally increase decision quality, quantified by a measure. Decision‐quality measures can be useful in research and in advancing important goals of bioethics, as long as the challenges of defining and measuring decision quality are recognized. (shrink)

Chemistry is concerned with all aspects of the changing of one kind of matter into another. It has many parts and all but one of these are so different from all the adjacent sciences that their distinctness is obvious; the exception is physical chemistry. The activities of its practitioners resemble prima facie those of physicists. These however deal with unchanging matter that retains its chemical identity, and virtually all their experimental information is numerical. The physical chemist's concerns are the nature, (...) extent, and rate of chemical changes, and on these much information may be gathered by the observer's unaided senses.A fundamental feature or chemistry with few parallels in other sciences is that the variables determining chemical behaviour include the purity of reaction vessels, reagents, and the gas-phase in contact with these, as well as the exact experimental procedures when bringing about the chemical changes. For this reason, when encountering ostensibly new chemical phenomena, it is even more important than in other areas to distinguish between repeatability (of phenomena, e.g. explosions) and reproducibility (of quantities, e.g. reduction potentials). The distinction is not always clear, as differences of degree may develop into differences of kind. Unrepeatability may be of great heuristic significance, but irreproducibility is often of trivial origin. Examples from the author's researches illustrate how chemical behaviour, e.g. electrochemical conductivity or the nature of a product, such as the shape of a polymer molecule, can be altered profoundly by very small changes of experimental conditions, which is uncommon in other sciences. (shrink)

The biochemical mechanism by which the phytochrome family of plant sensory photoreceptors transmit perceived informational light signals downstream to transduction pathway components is undetermined. The recent sequencing of the entire genome of the cyanobacterium Synechocystis, however, has revealed a protein that has an NH2‐terminal domain with striking sequence similarity to the photosensory NH2‐terminal domain of the phytochromes, and a COOH‐terminal domain strongly related to the transmitter histidine kinase module of bacterial two‐component sensors. The Synechocystis protein is capable of autocatalytic chromophore (...) ligation and exhibits photoreversible light‐absorption changes analogous to the phytochromes, indicating its capacity to function as an informational photoreceptor. Together with earlier observations that the COOH‐terminal domains of the plant phytochromes also have sequence similarity to the histidine kinases, these data suggest that the cyanobacteria utilize photoregulated histidine kinases as a sensory system and that the plant phytochromes may be evolutionary descendants of these photoreceptors. (shrink)

This paper is a sequel to the joint publication of Scott and Krauss in which the first aspects of a mathematical theory are developed which might be called "First Order Probability Logic". No attempt will be made to present this additional material in a self-contained form. We will use the same notation and terminology as introduced and explained in Scott and Krauss, and we will frequently refer to the theorems stated and proved in the preceding paper. The main objective of (...) this study is to show that the probability of symmetric probability systems may be represented as a "weighted average" of what might be called "product probabilities". We then discuss some applications of our results to Carnap's "Principle of instantial relevance", which plays an important role in his system of inductive logic. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:
iscussion “WELL WIDE OF THE MARK”: RESPONSE TO STONE’S REVIEW OF THE ABC OF ARMAGEDDON P H. D History, Philosophy and Religious Studies / U. of Winnipeg Winnipeg, , Canada   .@. hether or not it is wise to defend one’s first book against the slings and Warrows of outrageous fortune, Bertrand Russell was never one to let indignities pass without response, and I will take my example (...) from him. Peter Stone’s review of my The ABC of Armageddon: Bertrand Russell on Science, Religion and the Next War, – is so irretrievably muddled that when he concludes “a thoroughly confused book ends on a thoroughly confused note”, this state of confusion most accurately represents the condition of the reviewer. The problem here is not an author and his book “adrift at Armageddon”, as the title of Stone’s review maintains, but a reviewer rowing furiously with one oar. Whatever inadequacies there are in The ABC of Armageddon, they are not those Stone so enthusiastically catalogues in his series of speculations as to what I might have done, but didn’t. In awaiting this review in Russell, I worried about how my various suggestions about Russell’s writing in the interwar period—even my definition of what the interwar period was—would be received. To list a few: the idea that the Great War constituted a dividing line in his work, and why; that his work in the interwar period should be judged as a whole; that his work in the interwar period was worth evaluating, not simply being dismissed as evidence of early philosophical dotage; the way Russell’s published ideas were entwined with those of his Anglo-American contemporaries; the theme of the “old savage in the new civilization” in Russell’s work, and in that of his contemporaries; the dimension of “rhetorical performance” and Russell’s deliberate stance as a  Russell, n.s.  (): – (at ). russell: the Journal of Bertrand Russell Studies n.s.  (summer ): – The Bertrand Russell Research Centre, McMaster U.  -  Discussion preacher; the differences between The Prospects of Industrial Civilization and The Scientific Outlook, on the one hand, and Religion and Science and Power: a New Social Analysis, on the other; the possible influence of Albert Schweitzer on the value of “an operational metaphysic” that allowed an older Russell to act as though ideas like “reverence for life” were true, even if they could not be proven. The list could continue. Stone overlooks all of these ideas, preferring instead to demonstrate my inability to hit targets at which he feels I should have aimed, characterizing my approach and my intentions in some unhelpful ways that are well wide of the mark. I was astounded to learn, for example, that I “assume the role of a political theorist towards Russell’s work”, and thus I “attempt to lay out an argument by Russell and critique it, so as to leave behind a stronger argument in its wake” (p. ). Because I am a political theorist, Stone concludes, “this book is simply a failure as a work of history” (p. ). Instead, being an historian he says, would have involved “situating Russell’s views in the personal and social context in which they emerged.” Writing as a “political theorist” himself (out of the Political Science department at Rochester University, where he is adjunct faculty), Stone’s defence of the historical approach is no doubt well intentioned. Had he followed his own prescription, however, he would have found this book to be substantially the same text as my dissertation (“The Old Savage and the Scientific Outlook: Science, Religion and Social Ethics in the Writings of Bertrand Russell, – ” [McMaster, ]). In the prefatory material appropriate to dissertations in Religious Studies (but not to books intended to sell) Stone would have found some of the acknowledgements and explanations whose absence he found the most irksome. Having dubbed me a political theorist, he excoriates me for an inadequate understanding of utilitarianism, instrumentalism, pragmatism and so on, utterly  In an editorial note discouraged by my editors at  Press but still permitted here, I cannot resist responding to Stone’s editorial notes disparaging the “highly inadequate” citations of Russell studies literature. I am well aware of Philip Ironside’s... (shrink)

Blumenthal-Barby (2024) presents strong arguments that bioethicists should stop using the concept “personhood.” She points out that “person,” meaning an entity with full moral rights, is defined in...