Utilizes anthropological theory to relativize and question leading theories in the philosophy of language and epistemology. Annotation copyrighted by Book News, Inc., Portland, OR.

Until recently, dance was not considered to warrant copyright protection because it existed only as a live performance that was not fixed in a ‘tangible medium of expression’. Not being an object, it could not be property. But the more we try to fold dance into existing modes of copyright and conventional notions of property, the more it resists, upsetting the core assumptions of Locke's social contract theory. Legal scholars argue that the expansion of copyright protection shrinks (...) the public domain. While copyright has become more important for dancers and choreographers who wish to control the appropriation of their work that is now made available to millions of end-users online, it also potentially restricts them from engaging in a dialog with other dancers or building on inspiring dance moves across communities. This paper investigates notions of property that rely on both the commons and individual personhood in the context of dance. (shrink)

The Convention on Cybercrime (the Convention) adopted in the framework of the Council of Europe is the main international legislative tool in the fight against cybercrime. It is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security. Lithuania is among its signatory states, therefore, the provisions of the Convention have become binding on its legislator, obliging it to take all (...) necessary measures to harmonize national legal acts with the framework set out therein. The Criminal Code of the Republic of Lithuania (the CC) in force is the legal act establishing liability for criminal offences known as computer crimes and Internet crimes. Although the legislator of Lithuania had been combating cybercrimes since as early as 1994 by means of the amendments to the Soviet era Criminal Code of 1961, a significant effort was required to transpose the requirements of the Convention into the Lithuanian law, starting from the year 2007. The end result was not always as expected, leaving several serious gaps in the field of criminalization, which are thoroughly addressed in the article. In particular, this article deals with the topic of computer-related crimes and the legal approaches related to substantive criminal law of the Republic of Lithuania. The study is based on a comparative legal analysis of the Lithuanian CC and the Convention. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Proceedings of the ALSC (1995 Convention)Patrick HenryGiven the oppressively politicized character of academic literary studies today, it took courage and conviction to found a new literary society in 1994. The Association of Literary Scholars and Critics is dedicated to the study of literature as a source of pleasure and insight. This would be banal were it not for the way in which culture wars, identity politics, and race and (...) gender issues have come to dominate university literature departments. More than merely a handful of scholars wish to reverse this trend: in less than two years, the ALSC has grown to 1800 members and its first conference, held in Minneapolis, September 22–24, 1995, was a notable success.Because we favor a true pluralism, and like many others are tired of the predictable posturing that permeates so much literary scholarship today, we invited the ALSC to publish its first conference proceedings in our pages. The meeting offered much variety, with classicists and modernists, poets, fiction writers, and critics trading ideas on literature and aesthetics. Despite worries by its detractors that the ALSC represents reaction or blind traditionalism, there was a refreshing openness to the proceedings, with lucid examples of critical reading and topics from metaphor in Dickens and Auden’s Alcaic stanza in “In memory of Sigmund Freud,” to the Islamic influence on Dante’s Commedia—a connection that belies the charge that the Western canon is inevitably Eurocentric. If the ALSC can revive a sense of wonder before the greatest works of literary art and provide an alternative to the complacency and pretentiousness of contemporary theory, it deserves support from us all.For twenty years it has said on our inside back cover that Philosophy and Literature “owes allegiance to no particular school or style of criticism or philosophy.” Our only loyalty is to literature and philosophy; they constitute our field of interest. It has never been our aim to adopt the correct ideology. We remain skeptical of ideological commitments and will continue to publish exciting jargon-free articles representative of the entire spectrum of approaches to literature and philosophy.Copyright © 1996 The Johns Hopkins University Press... (shrink)

Although Belgian diplomats analysed the nazi-regime from the very first moment as intrinsically crimina!, inhuman, dictatorial and revenge seeking, they showed the nazis in 1934-1935 that dialogue was possible. The nazi-diplomacy, with secrecy as a keystone, permitted some of the most important Belgian politicians and businessmen to meet the.nazi-leaders without being disapproved by public opinion or even parliament. This resulted in a «practical» way to improve political and above all economical relations between Belgium and nazi-Germany. It can be seen as (...) a Belgian answer to the inability of France and Great Britain to force the Third Reich to respect the international security treaties which were to guarantee the sovereignty of Belgium. (shrink)

Copyright law in recent years has undergone a process of privatization. While weakening the enforceability of conventional legislation (copyright rules), cyberspace facilitates alternative types of regulation such as contracts and technical self-help measures. Regulation by the code is significantly different from traditional types of public ordering (copyright law) and private ordering (contracts). Norms that technically regulate the use of information are not merely self-made they are also self-enforced. Furthermore, the law was recruited to uphold the superiority of (...) such technical self-help measures. The recently adopted U.S. Digital Millenium Copyright Act (DMCA) 1998 prohibits the development and use of technologies designed to circumvent copyright management systems. The underlying assumption of this legislation is that in Cyberspace, the target of regulation should become the technologies that affect users'' behavior rather than the behaviors themselves. This paper critically examines this regulatory approach and highlights its shortcomings. (shrink)

In the United States, property rights are afforded protection, but moral rights are not. Up until 1989, the United States adamantly refused to join the Berne Copyright Convention, the first multilateral copyright treaty, now ratified by seventy-eight countries. The American government refused to comply because the Berne Convention grants moral rights to authors. This international policy was—and is—incompatible with United States copyright law, which recognizes only economic rights. Although ten states have enacted some form of moral rights (...) legislation, federal copyright laws tend to prevail, and those are still wholly economic in their motivation. Indeed, the recent pressure for the United States to agree, at least in part, to the terms of the Berne Convention came only as a result of a dramatic increase in the international piracy of American records and films.In September 1986, Senator Edward M. Kennedy of Massachusetts first introduced a bill called the Visual Artists Rights Act. This bill attempts to amend federal copyright laws to incorporate some aspects of international moral rights protection. The Kennedy bill would prohibit the intentional distortion, mutilation, or destruction of works of art after they have been sold. Moreover, the act would empower artists to claim authorship, to receive royalties on subsequent sales, and to disclaim their authorship if the work were distorted.4 This legislation would have prevented Clement Greenburg and the other executors of David Smith’s estate from authorizing the stripping of paint from Several of Smith’s later sculptures so that they would resemble his earlier—and more marketable—unpainted sculptures. Such moral rights legislations would have prevented a Japanese bank in New York from removing and destroying a sculpture by Isamu Noguchi simply because the bank president did not like it. And such legislation would have prevented the United States government from destroying Tilted Arc. 4. Although this section appeared in the original version of Kennedy’s bill, the current version provides for a study of resale royalties. Richard Serra is known for his large-scale site-specific works in landscapes, urban environments, and museums. (shrink)

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)

Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- 1 Preliminaries -- 1.1 What Normative Ethics Is -- 1.2 What Normative Ethics Is Not -- 1.3 Defending Normative Theories -- 1.4 Factors and Foundations -- PART I FACTORS -- 2 The Good -- 2.1 Promoting the Good -- 2.2 Well-Being -- 2.3 The Total View -- 2.4 Equality -- 2.5 Culpability, Fairness, and Desert -- 2.6 Consequentialism -- 3 Doing Harm -- 3.1 Deontology (...) -- 3.2 Thresholds -- 3.3 The Scope of the Constraint -- 3.4 Doing and Allowing -- 3.5 Intending Harm -- 4 Other Constraints -- 4.1 Lying -- 4.2 Promises -- 4.3 Special Obligations -- 4.4 Conventions -- 4.5 Duties to Oneself -- 5 Further Factors -- 5.1 Demanding Too Much -- 5.2 Options -- 5.3 Rights -- 5.4 Interaction -- PART 2 FOUNDATIONS -- 6 Teleological Foundations -- 6.1 Foundational Theories -- 6.2 Egoism -- 6.3 Virtues -- 6.4 Act Consequentialism -- 6.5 Rules -- 7 Deontological Foundations -- 7.1 Contractarianism -- 7.2 Universalizability -- 7.3 The Ideal Observer -- 7.4 Reflection -- 7.5 Foundational Pluralism -- 7.6 Possibilities -- Suggested Readings -- References -- About the Book and Author -- Index. (shrink)

Copyright gives creators a monopoly on most uses of their work throughout their lives and for seventy years post mortem. Copyfraud, in Mazzone's striking but far from unjustified usage, is a claim of ownership made by institutions and individuals that do not possess it. To discover how prevalent such frauds are (and the degree to which they constrain and contort writers, musicians, filmmakers, and others) is truly amazing. Mazzone deals only with the US, but though the precise contours of (...) copyright are slightly different in the UK and the EU, the same kinds of overreach arise more or less everywhere nowadays. Who are the perpetrators? Museums that claim copyright in images of works that they own or hold but that are in the public domain; picture libraries that charge license fees for out-of-copyright works; publishers who make false assertions of copyright in government publications, even in law school editions of the US Constitution; media corporations that claim to be able to license excerpts of works that they own despite the provisions of the (admittedly vague) “fair use” clause in long-established copyright laws; and the heirs and estates of writers who claim control of all uses made of the published and unpublished words of their fathers, aunts, and so forth. Publishers collude in this now rampant abuse of public access to cultural goods by insisting that authors of fiction and nonfiction works undertake to clear copyright to material borrowed from sources, a laborious process for which most writers are ill equipped. The result is that key evidence in scholarly work is often simply left out. In documentary film, the effects of copyfraud can be seen only in those films that are not made: the industry convention—“when in doubt, obtain a license”—makes many subjects financially and practically unviable.This book should have been a wake-up call, when it appeared a decade ago, for all involved in what is now called “cultural production” to reassert their rights, and the rights of the public, to free access to material that is not and never will be privately owned. Alas, Mazzone's detailed chapters on what ought to be done next have remained dead letters. It is time to reread them and to heave the ball back down the false mountain of improper claims of ownership made by corporations and individuals who know what they are doing and know they can get away with it. This laudably clear, direct, and readable book brings to mind an old English rhyme that remains as relevant today as it ever was: The law doth punish man or woman / That steals the goose from off the common / But lets the greater felon loose / Who steals the common from the goose. (shrink)

Disability laws are crucial in ensuring a life of dignity for persons with disabilities. However, they remain limited and ineffective in the absence of adequate knowledge and awareness of the experiences with disability. The limitedness of disability laws has been spoken of in cases where the full realization of rights is subject to technological, philosophical, and market dynamics. In many cases, the law is also weakened by negative cultural beliefs and social perceptions of disability. And then there are cases where (...) disability laws perpetuate or tolerate oppression and violence. Despite their limitedness, disability laws offer normative content to facilitate engagement and critique for reform. In terms of what disability laws ‘ought’ to be, scholars write, that they should be about disabled people and the meanings provided by them. This objective has and can be fulfilled with the aid of disability studies that go beyond the inquiries of law with the right kind of research tools to theorize and re-theorize concepts and meanings about disability. Disability studies, in other words, represent the living conditions of disabled persons and the questions of how disability and/or impairment should be defined. This chapter examines the interaction between disability law and disability studies through the prism of the Convention on the Rights of Persons with Disabilities (CRPD). While discussing the models of disability (medical, social, human rights, and relational-community models) and agendas for reforming the CRPD, the chapter highlights the importance of new concepts and approaches. Further, the potential of disability laws, CRPD in particular, has been discussed keeping in mind the application of its core principles across different sectors (with a special focus on the Marrakesh treaty and copyright laws). (shrink)

Cover -- Half Title -- Title -- Copyright -- Contents -- Preface -- Preface to the First Edition -- Introduction -- 1 On Referring -- 2 Particular and General -- 3 Singular Terms and Predication -- 4 Identifying Reference and Truth-Values -- 5 The Asymmetry of Subjects and Predicates -- 6 Propositions, Concepts, and Logical Truths -- 7 Grammar and Philosophy -- 8 Intention and Convention in Speech Acts -- 9 Meaning and Truth -- 10 Truth -- 11 A (...) Problem about Truth -- 12 Truth: A Reconsideration of Austin's Views -- Index of Names. (shrink)

Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- 1 Preliminaries -- 1.1 What Normative Ethics Is -- 1.2 What Normative Ethics Is Not -- 1.3 Defending Normative Theories -- 1.4 Factors and Foundations -- PART I FACTORS -- 2 The Good -- 2.1 Promoting the Good -- 2.2 Well-Being -- 2.3 The Total View -- 2.4 Equality -- 2.5 Culpability, Fairness, and Desert -- 2.6 Consequentialism -- 3 Doing Harm -- 3.1 Deontology (...) -- 3.2 Thresholds -- 3.3 The Scope of the Constraint -- 3.4 Doing and Allowing -- 3.5 Intending Harm -- 4 Other Constraints -- 4.1 Lying -- 4.2 Promises -- 4.3 Special Obligations -- 4.4 Conventions -- 4.5 Duties to Oneself -- 5 Further Factors -- 5.1 Demanding Too Much -- 5.2 Options -- 5.3 Rights -- 5.4 Interaction -- PART 2 FOUNDATIONS -- 6 Teleological Foundations -- 6.1 Foundational Theories -- 6.2 Egoism -- 6.3 Virtues -- 6.4 Act Consequentialism -- 6.5 Rules -- 7 Deontological Foundations -- 7.1 Contractarianism -- 7.2 Universalizability -- 7.3 The Ideal Observer -- 7.4 Reflection -- 7.5 Foundational Pluralism -- 7.6 Possibilities -- Suggested Readings -- References -- About the Book and Author -- Index. (shrink)

Cover -- Title -- Copyright -- Dedication -- Contents -- Contributors -- Series Editor's Foreword -- Preface: A 'Science' of Psychology: The Enduring Aspiration -- Introduction: Science, Scientism, and Psychology -- 1 Epistemology and the Boundaries Between Phenomena and Conventions -- 2 Hayek and Hempel on the Nature, Role, and Limitations of Science -- 3 On Scientism in Psychology: Some Observations of Historical Relevance -- 4 Why Science Needs Intuition -- 5 Scientism and Saturation: Evolutionary Psychology, Human Experience, (...) and the Phenomenology of Jean-Luc Marion -- 6 Psychotherapy and Scientism -- 7 Science and Society: Effects, Reactions, and a Call for Reformation -- 8 Beyond Scientism: Reaches in Psychology Toward a Science of Consciousness -- Index. (shrink)

Cover -- Title -- Copyright -- Dedication -- Contents -- List of Figures -- List of Tables -- Acknowledgements -- 1 Physics, Knowledge and Semiosis -- 2 Language, Knowledge and Description -- 3 Mathematical Statements and Expressions -- 4 Mathematical Symbols and the Architecture of the Grammar of Mathematics -- 5 Genres of Language and Mathematics -- 6 Images and the Knowledge of Physics -- 7 Physics and Semiotics -- Appendix A System Network Conventions -- Appendix B Full (...) System Networks for Mathematics -- Appendix C Details of Corpus -- Index. (shrink)

We propose a revised definition of “argument scheme” that focuses on describing argumentative performances and normative assessments that occur within an argumentative context, the social context in which the scheme arises. Our premise-and-conclusion structure identifies the typical instantiation of an argument in the argumentative context, and our critical framework describes a set of normative assessments available to participants in the context, what we call _practically normative_ assessments. We distinguish this practical normativity from the _rationally or universally normative_ assessment that might (...) be imposed from outside the argumentative context. Thus, the practical norms represented in an argument scheme may still be subject to rational critique, and the scheme avoids the is/ought fallacy. We ground our theoretical discussion and observations in an empirical study of US district court opinions resolving legal questions about copyright fair use and the lawyers’ briefs that led to them, instantiating our definition of argument scheme in the “argument for classification by precedent.” Our definition addresses some criticisms the argument-scheme construct has received. For example, using our data, we show that a minimally well formed instance of this type of argument does not shift any conventional burden from the proponent of the argument to its skeptics. We also argue that these argument schemes need not be seen as dialogical. (shrink)

This article proposes an innovative methodology for enhancing the technical validation, legal alignment and interdisciplinarity of attempts to encode legislation. In the context of an experiment that examines how different legally trained participants convert select provisions of the Australian Copyright Act 1968 (Cth) into machine-executable code, we find that a combination of manual and automated methods for coding validation, which focus on formal adherence to programming languages and conventions, can significantly increase the similarity of encoded rules between coders. (...) Participants nonetheless encountered various interpretive difficulties, including syntactic ambiguity, and intra- and intertextuality, which necessitated legal evaluation, as distinct from and in addition to coding validation. Many of these difficulties can be resolved through what we call a process of ‘legal alignment’ that aims to enhance the congruence between encoded provisions and the true meaning of a statute as determined by the courts. However, some difficulties cannot be overcome in advance, such as factual indeterminacy. Given the inherently interdisciplinary nature of encoding legislation, we argue that it is desirable for ‘rules as code’ (‘RaC’) initiatives to have, at a minimum, legal subject matter, statutory interpretation and technical programming expertise. Overall, we contend that technical validation, legal alignment and interdisciplinary teamwork are integral to the success of attempts to encode legislation. While legal alignment processes will vary depending on jurisdictionally-specific principles and practices of statutory interpretation, the technical and interdisciplinary components of our methodology are transferable across regulatory contexts, bodies of law and Commonwealth and other jurisdictions. (shrink)

‘The Debauched Commons: A Dark Parable’ summarizes issues regarding intellectual property rights and immaterial culture through a nuanced reading of how First Nations Peoples worldwide have been forced by forms of neoliberal-capitalist exploitation of the knowledge commons to ring-fence and/or commodify their lived traditions, in many cases dating back 100,000 years and clearly predating any and all Western (First World) concepts of ownership. The intention of the structuralist-inspired reading of this enforced defensive position is to emphasize and clarify issues concerning (...) prior art and moral rights, two of the most ambiguous and gamed elements of copyright and patent law. Drawing upon the international context of the _Declaration on the Rights of Indigenous Peoples_ (2007) and the _Convention for Safeguarding Intangible Heritage_ (2003), this essay will focus, in part, on the travails of Aboriginals in Australia as representative of First Peoples worldwide and their long-exploited and long-expropriated traditions, inclusive of land, but foremost _lived knowledge_, but also their often compromised position _vis-à-vis_ various Australian state and Commonwealth legislation concerning recognition of their copyright, moral rights, and intellectual property rights. In this complex dance between tradition, heritage, and law, the so-called public domain often also becomes a de facto warehouse for the eventual conversion of intangible rights to collectively held and stored cultural property, which is then leveraged and/or converted to cultural capital by both public institutions and private companies. The primary premise of the analytic to be applied is that commodification of knowledge is more or less co-equal to the digitization of culture and the regimes of expropriation and/or outright theft associated with platform cultures. Platform culture, in turn, implicates otherwise benign, or apparently benign institutions (for example, academia and the art world) claiming to advance understanding and resolution of the twin nemeses of post-contemporary cultural politics—diversity and justice. The subtle machinations of what has come to be called the art-academic industrial complex will thus be analyzed for implicit and explicit practices that are reducible to the appropriation of native rites and rights, and laws and lores, for self-serving reasons inclusive of radical-chic posturing and politically correct tokenism. (shrink)

The article is dedicated to aspects of a journalist’s work published between 1996–2014 in the professional monthly magazine Press, aimed at people interested in media, advertisement and public relations. These statements help other media professionals become familiar with the work experience of their colleagues, as well as help acquaint new entrants to the profession with the rules, difficulties and dilemmas associated with this work. The author classifies and defines three types of published texts: those written in an instructional form, those (...) which approach the conventions of an informative article, and finally, copyright protected publications. An analysis of these texts leads to a conclusion that the primary aims of the publication have led its authors to focus attention on perceptions and the practical dimensions of the knowledge being shared. They use detailed descriptions, and have gradually abandoned ready solutions, encouraging readers instead to consider a range of possibilities; they also illustrate their suggestions with examples from personal experience. They do not fail to provide enlightening recollections of their own mistakes or detail the difficult beginnings of their own careers. The role models presented demand from the reader an ability to synthesize various elements. The original structure of the publication as well as its thoughtful and recollection-driven approach to the subject helps to achieve this. An awareness of the technical nature of texts urges experienced journalists to explain in plain terms the ins and outs of the profession by presenting specific events, making comparisons, and offering brief advice or warnings. This also relates to the language of expression they use, which makes even the official and hackneyed style of instructional discourse easy to understand. (shrink)

However diverse and even conflicting definitions of world literature may be, there is a consensus in previous scholarship about circulation as a key defining feature. Being circulation modeled and (in)validated by a corpus of statutes, rules, and regulations, the absence of a law-oriented approach to world literature appears completely contradictory. This essay is a first step toward a more sustained treatment of world literature and law. Here I claim that in the late 1830s the history of world literature as mastered (...) by the West started to change as a consequence of the first two international copyright laws in the world––the Prussian Statute of 11 June 1837 and the British Act of 31 July 1838. The Prussian law is discussed in relation to the evolution of the Collection of British Authors of the German firm Tauchnitz between 1841 and 1847 by paying special attention to the case of American writers. The British law, in turn, is discussed in relation to French piracies of works printed in the UK by focusing on Frances Trollope’s Domestic Manners of the Americans (1832). Both laws sowed the seeds of the 1886 Berne Convention, whereby a vast transcontinental geography with a population of over five hundred million people was created for the legal circulation of literary works. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Waiting for Godot in New Orleans A tragicomedy in two acts, a project in three partsPaul Chan Click for larger view View full resolutionDrawing of “stage” (2007) (Page 2) Click for larger view View full resolutionOrganizing map of New Orleans 1 (2007) (Page 14) Click for larger view View full resolutionDrawing of bicycle for Pozzo (2007) (Page 28) Click for larger view View full resolutionDrawing of shopping cart for (...) Lucky (2007) (Page 40) Click for larger view View full resolutionDrawing of tree (2007) (Page 54) Click for larger view View full resolutionDrawing of disaster tour bus for boy (2007) (Page 68) Click for larger view View full resolutionStreet sign on St. Claude (2007) (Page 81) Click for larger view View full resolutionStreet sign in Lower Ninth Ward (2007) (Page 93) Click for larger view View full resolutionStreet sign in Gentilly (2007) (Page 107) Click for larger view View full resolutionFlyer (2007) (Page 124) Click for larger view View full resolutionDancing before the 1st Lower Ninth Ward Performance (2007) (Page 138) Click for larger view View full resolutionJ. Kyle Manzay and Wendell Pierce in Act I (2007) (Page 150) Click for larger view View full resolutionDrawing of entire project as a musical score (2007) (Page 165)ImagesPaul Chan lives and works in New York. His recent solo exhibitions have been presented at the New Museum of Contemporary Art, New York (2008); Serpentine Gallery, London (2007); Para/Site Art Space, Hong Kong (2006); UCLA Hammer Museum, Los Angeles (2005); and ICA Boston (2005). Group exhibitions include The 2006 Whitney Biennial, Whitney Museum of American Art, New York; New Work / New Acquisitions, The Museum of Modern Art, New York; Eighth Biennale d’Art Contemporain de Lyon, France (2005); Carnegie International, Carnegie Museum of Art, Pittsburgh (2004). Chan is also well known for his political interventions—in 2002 he broke US sanctions and federal law to visit Baghdad, and in 2004 he garnered police attention for The People’s Guide to the Republican National Convention, a free map distributed throughout New York to help protesters to get in or out of the way of the RNC. Most recently Chan collaborated with the Classical Theatre of Harlem and Creative Time to produce a site-specific outdoor presentation of Samuel Beckett’s play Waiting for Godot in New Orleans.Artist statementWaiting for Godot in New Orleans A tragicomedy in two acts, a project in three partsby Samuel BeckettEstragon Vladimir Lucky Pozzo a boy City of New Orleans in 2007ACT IEight months research. Four months teaching and street organizing. Five free site-specific performances.ACT IIA country road. A tree. Evening.Copyright © 2008 The Johns Hopkins University Press... (shrink)

This contribution tries to assess how the Web is changing the ways in which scientific knowledge is produced, distributed and evaluated, in particular how it is transforming the conventional conception of scientific authorship. After having properly introduced the notions of copyright, public domain and commons, I will critically assess James Boyle's thesis that copyright and scientific commons are antagonistic, but I will mostly agree with the related claim by Stevan Harnad that copyright has become an obstacle to (...) the accessibility of scientific works. I will even go further and argue that Open Access schemes not only solve the problem of the availability of scientific literature, but may also help to tackle the uncontrolled multiplication of scientific publications, since these publishing schemes are based on free public licenses allowing for re-use of texts. However, the scientific community does not seem to be prepared yet to move towards an Open Source model of authorship, probably due to concerns related to attributing credit and responsability for the expressed hypotheses and results. Some strategies and tools that may encourage a change of academic mentality in favour of a conception of scientific authorship modelled on the Open Source paradigm are discussed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reply to Sandra Costen Kunz's "Respecting the Boundaries of Knowledge"Paul O. IngramI am gratified by Sandra Costen Kunz's application of my thoughts on boundary constraints and my call for a Buddhist-Christian-science "trilogue" to her work in spiritual formation within the context of Protestant theological education. Over the past fifteen years I have witnessed numerous examples of what process theologians call "creative transformation" in contemporary science-religion dialogue. To this date, (...) creative transformation has occurred mainly among Christian theologians involved in this particular dialogue. But Buddhists are now beginning to engage the natural sciences in serious conversation. Most of this conversation is with the neurosciences because of Buddhism's strong emphasis on meditation and the fact that the physical realities described in scientific theory imply that nature—from the level of quantum events to the larger-scale structures of the universe—is interdependent and "empty" of permanency. I have argued, as has Kunz, that the New Testament reflects this same view of existence. But it is also true that classical Christian theological tradition, which presupposes Aristotelian and Neo-Platonic substance categories, is in conflict with biblical anthropology and portrayals of God. Process theology, science-theology dialogue, and Buddhist-Christian dialogue have clarified the biblical foundations of Christian faith apart from classical theism, at least among Christian liberal theologians. In my view, it is now time to deepen the process of creative transformation occurring in Buddhist-Christian dialogue by including the natural sciences as a third dialogical partner.Kunz's essay is an example of possibilities of creative transformation and dialogical engagement with the sciences; in her case, the cognitive sciences and Buddhism. She notes that in similarity with most theologians, most scientists are caught up in a Cartesian mind-body dualism. The result is that scientific accounts of mental processes tend to reduce subjective experience to the physical processes occurring in regions of the brain coupled with ignoring what meditators actually say they are experiencing, which scientists sometimes hold to be epiphenomenal. Kunz does not accept this dualism because it not only misrepresents reality, it undercuts the disciplines of spiritual discernment. She argues that combining third-person cognitive [End Page 187] scientific accounts of subjective experiences with Buddhist or Christian first-person descriptions of what is experienced in the disciplines of meditation or contemplative prayer offers a more comprehensive, more accurate account of meditative and contemplative experience. B. Alan Wallace draws a similar conclusion in regard to Buddhist meditation.1Although acknowledging that Christians have much to learn from Buddhist "discernment practices," distinctively Christian forms of meditation are rooted in the conviction that God's nature as love proclaimed by the historical Jesus is active in any situation. Kunz notes that Christian processes of spiritual discernment engendered by centering and contemplative prayer can be described as "making decisions" that correspond to the sorts of decisions the historical Jesus is portrayed as making in the New Testament: unselfish decisions for the common good. This means that authentic Christian faith is experienced and lived at the boundaries of ordinary conventional concerns. Or, to paraphrase Dietrich Bonhoeffer (1906-1945), when God as Jesus experienced God calling a person, God calls that person to his or her death. Sometimes an actual death, but always to life lived at the boundaries beyond mere conventionality. As a Lutheran, I can only agree.Paul O. IngramPacific Lutheran University (Emeritus)note1. B. Alan Wallace, Hidden Dimensions: The Unification of Physics and Consciousness (New York: Columbia University Press, 2007). [End Page 188]Copyright © 2011 University of Hawai'i Press... (shrink)

The paper examines how technology challenges conventional borders of national legal systems, as shown by cases that scholars address as a part of their everyday work in the fields of information technology (IT)-Law, i.e., computer crimes, data protection, digital copyright, and so forth. Information on the internet has in fact a ubiquitous nature that transcends political borders and questions the notion of the law as made of commands enforced through physical sanctions. Whereas many of today’s impasses on jurisdiction, international (...) conflicts of law and diverging interpretations of statutes can be addressed by embedding legal safeguards in ICT and other kinds of technology, to overcome the ineffectiveness of state action by design entails its own risks, e.g., threats of paternalism hinging on the regulatory tools of technology. Rather than modelling people’s behaviour by design, the article suggests that design policies should respect individual and collective autonomy by decreasing the impact of harm-generating behaviour (e.g., security measures and default settings for data protection), or by widening the range of people’s choices (e.g., user friendly interfaces). (shrink)

_ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.

Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - questions (...) which these speech act-theoretic arguments against pornography have thus far failed to adequately answer. I fill in this gap of the argumentation by demonstrating that there are fairly weak standards for who counts as an authority or convention-setter in sexual discourse. With this analysis of the underpinnings of a speech act analysis of pornography in mind, I discuss a range of possible objections. I conclude that (i) the endorsement of censorship by a speech act analysis of pornography competes with its commitment to the conventionality of speech acts, and, more damningly, that (ii), recasting anti-pornography arguments in terms of linguistic conventions risks an unwitting defence of a rapist's lack of mens rea - an intolerable result; and yet resisting this conclusion requires that one back away from the original claim to women's voices being 'silenced'. (shrink)

The article deals with the comparison of key terminology in the field of copyright in the Polish, English, Japanese and German languages. The research material consists of copyright acts binding in Poland, Great Britain, the United States of America, Japan and Germany. The terminology has been compared in order to reveal similarities and differences in the meaning. Firstly, statutory terms from the Polish, English, German and Japanese acts will be presented and discussed. Also, a list of functional equivalents (...) will be presented. The task was to search for functional equivalents, and if there is partial equivalence or no equivalence, an equivalent was provided according to techniques of providing equivalents for non-equivalent terms. They were made in such a way that equivalents will correspond with the reality of the laws in the above mentioned languages. The terms have been extracted with the usage of AntConc. The method of analysis of comparable texts has been applied as well as the one based on three categories of equivalence by Šarčević : “near equivalence”, “partial equivalence” and “non-equivalence”. Special attention has been paid to system-bound terminology existing in those five legal systems. To sum up, it should be borne in mind that the copyright law has been unified almost world-wide. As a result many countries have adopted similar or almost identical principles in this respect. Therefore, there is a significant convergence of meanings of analysed copyright terms with only slight differences resulting from deeply ingrained local and national legal traditions. (shrink)

Conventional wisdom has it that truth is always evaluated using our actual linguistic conventions, even when considering counterfactual scenarios in which different conventions are adopted. This principle has been invoked in a number of philosophical arguments, including Kripke’s defense of the necessity of identity and Lewy’s objection to modal conventionalism. But it is false. It fails in the presence of what Einheuser (2006) calls c-monsters, or convention-shifting expressions (on analogy with Kaplan’s monsters, or context-shifting expressions). We show that (...) c-monsters naturally arise in contexts, such as metalinguistic negotiations, where speakers entertain alternative conventions. We develop an expressivist theory—inspired by Barker (2002) and MacFarlane (2016) on vague predications and Einheuser (2006) on counterconventionals—to model these shifts in convention. Using this framework, we reassess the philosophical arguments that invoked the conventional wisdom. (shrink)

Determining the copyright status of a literary work is not always straightforward, because copyrights are territorial and the relevant laws differ significantly country by country. In some legislations, for example, a work’s copyright status may depend on the publication date, on whether the publication was posthumous, on the quantity and quality of editorial interventions the manuscript underwent before publication, etc. 2021 marked the 70th anniversary of Wittgenstein’s death. In many countries, the duration of the copyright term is (...) the author’s life plus 70 years. Thus, as of the moment of this writing, it is important to attempt a comprehensive analysis and to try to determine whether, where and why his manuscripts and his published works are in the public domain. This paper clarifies the general principles of copyright and describes the rules and best practices that must be followed in the context of internet publications. Additionally, it examines the factors that make it particularly challenging to ascertain the copyright status both of Wittgenstein’s published works and of the transcriptions of his manuscripts. Lastly, it provides a detailed account of the copyright status of some of Wittgenstein’s works that were published in the second half of the 20th century, proving that they are in the public domain in most countries. (shrink)

This paper examines the interplay of semantics and pragmatics within the domain of film. Films are made up of individual shots strung together in sequences over time. Though each shot is disconnected from the next, combinations of shots still convey coherent stories that take place in continuous space and time. How is this possible? The semantic view of film holds that film coherence is achieved in part through a kind of film language, a set of conventions which govern the (...) relationships between shots. In this paper, we develop and defend a new version of the semantic view. We articulate it for a pair of conventions that govern spatial relations between viewpoints. One such rule is already well-known; sometimes called the "180° Rule," we term it the X-Constraint; to this we add a previously unrecorded rule, the T-Constraint. As we show, both have the effect, in different ways, of limiting the way that viewpoint can shift through space from shot to shot over the course of a film sequence. Such constraints, we contend, are analogous to relations of discourse coherence that are widely recognized in the linguistic domain. If film is to have a language, it is a language made up of rules like these. (shrink)

Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out (...) by David Lewis. Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)

I explore how gender can shape the pragmatics of speech. In some circumstances, when a woman deploys standard discursive conventions in order to produce a speech act with a specific performative force, her utterance can turn out, in virtue of its uptake, to have a quite different force—a less empowering force—than it would have if performed by a man. When members of a disadvantaged group face a systematic inability to produce a specific kind of speech act that they are (...) entitled to perform—and in particular when their attempts result in their actually producing a different kind of speech act that further compromises their social position and agency—then they are victims of what I call discursive injustice. I examine three examples of discursive injustice. I contrast my account with Langton and Hornsby's account of illocutionary silencing. I argue that lack of complete control over the performative force of our speech acts is universal, and not a special marker of social disadvantage. However, women and other relatively disempowered speakers are sometimes subject to a distinctive distortion of the path from speaking to uptake, which undercuts their social agency in ways that track and enhance existing social disadvantages. (shrink)

In the context of discovery-oriented hypothesis testing research, behavioral scientists widely accept a convention for false positive (α) and false negative error rates (β) proposed by Jacob Cohen, who deemed the general relative seriousness of the antecedently accepted α = 0.05 to be matched by β = 0.20. Cohen’s convention not only ignores contexts of hypothesis testing where the more serious error is the β-error. Cohen’s convention also implies for discovery-oriented hypothesis testing research that a statistically significant observed effect is (...) four times more probable to be a mistaken discovery than for a statistically significant true observed effect to be independently replicable. In the long run, Cohen’s convention thus is epistemically harmful to the development of a progressive science of human behavior, making its acceptance crucial in explaining the replication crisis in behavioral science. The balance between α- and β-errors generally ought to be struck using both epistemic and practical considerations. Yet epistemic considerations alone imply that making a genuine contribution to the body of knowledge in behavioral science requires error rates that are not only small but also symmetrical. (shrink)

Conventions are regularities in social behaviour of the past that enable us to coordinate our actions. Some conventions are lawlike: they are expected to be observed always or nearly always. However, in order to coordinate our actions, it may suffice that a precedent has occurred often enough, and sometimes even a single precedent will do. So, in general, conventions merely enable us to solve our coordination problems; lawlike conventions are a special case. Grammatical conventions are (...) often lawlike; sense conventions are typically enabling. In order to resolve the indeterminacies that sense conventions give rise to, interlocutors must rely on the common ground. In this and other ways, common ground is a prerequisite for convention‐based communication. (shrink)

This article will compare and contrast two very different accounts of convention: the game-theoretical account of Lewis in Convention, and the account initially proposed by Margaret Gilbert (the present author) in chapter six of On Social Facts, and further elaborated here. Gilbert’s account is not a variant of Lewis’s. It was arrived at in part as the result of a detailed critique of Lewis’s account in relation to a central everyday concept of a social convention. An account of convention need (...) not be judged by that standard. Perhaps it reveals the nature of an important phenomenon. Looked at in that light, these very different accounts are not incompatible. Indeed, neither should be ignored if one is seeking to understand the way in which human beings arrive at some degree of social order. (shrink)

This Article calls into question the primary meaning of copyright law. It argues that copyright is not primarily a legal instrument, but rather a fundamental mode of human existence. The starting point of the analysis is Kant’s definition of a book as a "public address" and of author’s rights as ultimately being grounded in the furtherance and maintenance of truth. Building on Kant’s argument, the Article defines the copyright primary subject matter as the act of speaking publicly (...) in one’s own name, and the copyright sphere as the author-public coalescence that such act of speaking generates. This enables reaching a proper understanding of the scope of copyright and to characterizing its specificity as compared to its "fellow rights," patents and trademarks. (shrink)

Truth by convention, once thought to be the foundation of a uniquely promising approach to explaining our access to the truth in nonempirical domains, is nowadays widely considered an absurdity. Its fall from grace has been due largely to the influence of an argument that can be sketched as follows: our linguistic conventions have the power to make it the case that a sentence expresses a particular proposition, but they can’t by themselves generate truth; whether a given proposition is (...) true—and so whether the sentence that expresses it is true—is a matter of what the world is like, which means it isn’t a matter of convention alone. The consensus is that this argument is decisive against truth by convention. Strikingly, though, it has rarely been formulated with much precision. Here I provide a new rendering of the argument, one that reveals its structure and makes transparent just what assumptions it requires, and then I assess conventionalists’ prospects for resisting each of those assumptions. I conclude that the consensus is mistaken: contrary to what is almost universally thought, there remains a promising way forward for the conventionalist project. Along the way, I clarify conventionalists’ commitments by thinking about what truth by convention would need to be like in order for conventionalism to do the epistemological work it’s intended to do. (shrink)

My aim in this paper is to discuss a metaphysical framework within which to understand “standard linguistic entities” (SLEs), such as words, sentences, phonemes, and other entities routinely employed in linguistic theory. In doing so, I aim to defuse certain kinds of skepticism, challenge convention-based accounts of SLEs, and present a series of distinctions for better understanding what the various accounts of SLEs do and do not accomplish.

Copyright is accepted as being the necessary and efficient response to the need of authors and publishers to appropriate the economic value of copyright works from users. Nevertheless, difficulties arise when such works are both produced and consumed within universities. The law recognizes that copyright cannot be an absolute right and in certain circumstances, the scope of copyright protection is limited by the statute. Where educational usage of works is concerned, the British copyright law has (...) attempted to balance the rights of the individual academic user, the duties of universities and their libraries, and the rights of the copyright owners. However, recent case-law suggests that the correct balance between the interests of copyright owners on the one hand, and the interests of education and scholarship on the other has not been achieved especially where the educator and the copyright author reside in a single individual. The article employs stakeholder analysis to discern whether there should be a re-evaluation of the law so that copyright law and policy better reflect the interests of key participants within the educational sector. (shrink)

This article presents evidence that individual words and phrases can contribute multiple independent pieces of meaning simultaneously. Such multidimensionality is a unifying theme of the literature on conventional implicatures and expressives. I use phenomena from discourse, semantic composition, and morphosyntax to detect and explore various dimensions of meaning. I also argue that, while the meanings involved are semantically independent, they interact pragmatically to reduce underspecification and fuel pragmatic enrichment. In this article, the central case studies are appositives like Falk, the (...) CEO, and the taboo intensive damn, though discourse particles and connectives like but, even, and still play supporting roles. The primary evidence, both quantitative and qualitative, is drawn from large interview and product-review corpora, which harbor a wealth of information about the importance of these items to discourse. (shrink)

Among anthropologists and sociologists, it is widely believed that moral rules are best understood as a type of social norm. Moral philosophers, however, have largely been hostile to this suggestion. In recent years, the impulse to distinguish moral rules from others types of social norm has received what many take to be empirical support from the work of Elliot Turiel and his collaborators, who have argued that there are two distinct “domains” of social cognition, the “moral” and the “conventional.” Many (...) philosophers have taken this as proof that moral rules are fundamentally different from “conventional” social norms. I argue that moral philosophers should not be relying upon Turiel’s view to defend the moral/conventional distinction. First, I show that Turiel is claiming much less than many have taken him to be claiming, because he puts a lot of what philosophers have traditionally thought of as “morality” on the side of convention, or else in the broad region between the two that he refers to as “multidimensional contexts.” Second, I argue that his concept of the “conventional” is so narrow that the overwhelming majority of social norms – such as the standard rules of etiquette – wind up falling into the “multidimensional” category. This stems from his failure to distinguish between genuine conventions and what I refer to as “norms with conventional elements.”. (shrink)

Do conventions need to be common knowledge in order to work? David Lewis builds this requirement into his definition of a convention. This paper explores the extent to which his approach finds support in the game theory literature. The knowledge formalism developed by Robert Aumann and others militates against Lewis’s approach, because it shows that it is almost impossible for something to become common knowledge in a large society. On the other hand, Ariel Rubinstein’s Email Game suggests that coordinated (...) action is no less hard for rational players without a common knowledge requirement. But an unnecessary simplifying assumption in the Email Game turns out to be doing all the work, and the current paper concludes that common knowledge is better excluded from a definition of the conventions that we use to regulate our daily lives. (shrink)