The rapid recent expansion of copyright law worldwide has sparked efforts to defend the ‘public domain’ of non-propertized information, often on the ground that an expansive public domain is a condition of a ‘free culture’. Yet questions remain about why the public domain is worth defending, what exactly a free culture is, and what role (if any) authors’ rights might play in relation to it. From the standard liberal perspective shared by many critics of copyright expansionism, the protection of individual (...) expression by means of marketable property rights in authors’ works serves as an engine of progress towards a fully competitive ‘marketplace of ideas’ – though only if balanced by an extensive public domain from which users may draw in the exercise of their own expressivity. This article shows that a significantly different, and arguably richer, conception of what a free culture is and how authors’ rights underpin it emerges from a direct engagement with the philosophy of Immanuel Kant. For Kant, progress towards a fully emancipated (i.e. a ‘mature’ or ‘enlightened’) culture can only be achieved through the critical intellectual activity that public communication demands: individual expressive freedom is only a condition, not constitutive, of this ‘freedom to make public use of one’s reason in all matters’. The main thesis defended in this article is that when Kant’s writings on publicity (critical public debate) are read in relation to his writings on the legal organization of publishing, a necessary connection emerges between authors’ rights – as distinct from copyrights – and what Jürgen Habermas and others have named the public sphere. I conclude that it is the public sphere, and not the public domain as such, that should serve as the key reference point in any evaluation of copyright law’s role in relation to the possibility of a free culture. (shrink)
This article seeks to identify and address the normative void that resides at the heart of postmodernist-feminist theory, and to propose a philosophical framework – beyond postmodernism, but incorporating its central insights – for thinking through the normative questions with which feminists are inevitably confronted in their engagements with positive law. Two varieties of postmodernist-feminism are identified and critically analysed: the ‘corporeal feminism’ of Elizabeth Grosz and Judith Butler, which seeks to ground feminist critical practice in the irruptive capacities of (...) the material body considered as an arte fact of social construction; and the deconstructionist feminism of Drucilla Cornell, for whom ‘the feminine’ is an indeterminate but disruptive force beyond its construction in law and in other social sites. The first component of the argument elaborated here is that each of these approaches ultimately reduces to a form of aestheticism which is incapable of generating a worthwhile and workable feminist approach to the restructuring of politics and law. The second component of the argument involves a return to aesthetics, in particular to the philosophical aesthetics of Kant’s Critique of Judgement. Kant’s aesthetic philosophy, it will be suggested, yields a framework of concepts which, duly re-manipulated, could speak to the very concerns that have inspired postmodernist-feminism: how to attend to (bodily) particularity while avoiding the dangers associated with ‘essentialism’; and how to theorise the propensity of the unrepresentable power of the feminine to exceed both embodied human capacities and the confining rein of socially privileged rationalities. Crucially, however it also responds to a set of preoccupations – those of the feminist lawyer – that cannot be accommodated by postmodernism: how to translate embodied experience into (legal) norms; generalise from the particular; seek consensus; and codify an endless potentiality in the form of law. (shrink)
For anisotropic solids, separate Grüneisen functions ?? can be defined for each strain coordinate ??: ?? = (?s/???)??, T/C? . Each independent ?? can then be analysed in the same way as ? is analysed for a cubic solid (Barron et al. 1964). In particular, parameters ??(?) =- (l/n)(? In /???)?? are obtained giving the strain derivatives of the moments of the vibrational frequency distribution G(?); these can be used to estimate the strain dependence of various crystal properties. The (...) method is used to analyse the data of McCammon and White (1965) for the thermal expansion of zinc. Plots of α?/T 3 (T 3 and α??/T 3 against T indicate that the apparently anomalous behaviour of α? at low temperatures is due to a combination of electronic and vibrational effects. Analysis of ?? and ??? gives for the electronic components ??e = 0·6±0·2, ???e = 4·5±0·5; the density of states at the Fermi level is thus strongly dependent on axial ratio. Heat capacities are taken from Eichenauer and Schulze (1959) and Martin (1966a); the C t-C t correction is recalculated. The , ?(?) and the low-temperature expansion for G(?) are then derived from the vibrational heat capacity C ? l, and the ??(n) from the ??l, for-3??4. ?? and ??(n) are weighted averages of the ??(r) for individual modes. Apart from the specifically electronic effects, the principal features of the thermal expansion of zinc are accounted for if most of the high-frequency modes have ??(r) considerably greater than ???(r), most of the modes in the low-frequency peak have ??(r) considerably less than ???(r), and for the lowest frequency modes the average of ???(r) is somewhat greater than that of ???(r). These requirements are in general agreement with what is known about the lattice vibrations from neutron diffraction measurements. (shrink)
Although the demographics on male versus female death-row prisoners suggest that males are criminal justice system’s primary targets, the author argues that the system still discriminates against women. Vtilizing postmodern scholarship, he argues that female prisoners are punished primarily for violating dominant norms of gender correctness.
Forms characteristic of the earth itself are inherent in the design of man. Man's being emerged out of a cosmic matrix whose morphic aspects man himself expresses. These forms and their functional interrelationships are the very conditions of consciousness. This paper proposes that the relationship between human consciousness and its complete environment should be the subject matter of an emerging discipline, the ecology of consciousness. Constructs useful in the ecology of plants and animals should be coordinated to psychological constructs. These (...) coordinating constructs should be based upon study of the most pervasive morphic regularities at the biophysical level. An analysis of the design of man suggests many possibilities, especially when one considers the known neurophysiological and biochemical conditioners of consciousness. Educational (experiential) strategies for the transformation of consciousness should also be explored. These might include the manipulation of variables such as volume, duration, and intensity of sensory stimulation, including various combinations of modalities. A systematic effort should be made to state the fundamental problems to which a scientific ecology of consciousness might address itself. New methods must be devised. A preliminary program for an ecology of consciousness is proposed. (shrink)
In the contemporary debate on moral status, it is not uncommon to find philosophers who embrace the following basic moral principle: -/- The Principle of Full Moral Status: The degree to which an entity E possesses moral status is proportional to the degree to which E possesses morally relevant properties until a threshold degree of morally relevant properties possession is reached, whereupon the degree to which E possesses morally relevant properties may continue to increase, but the degree to which E (...) possesses moral status remains the same. -/- One philosopher who has contributed significantly to the contemporary debate on moral status and embraces the Principle of Full Moral Status is Mary Anne Warren. Warren holds not only that it is possible for some entities to possess full moral status, but that some entities actually do, e.g., normal adult human beings. I argue that two of Warren’s primary arguments for the Principle of Full Moral Status—the Argument from Pragmatism and the Argument from Explanatory Power—are significantly flawed. (shrink)
So begins "For Anne Gregory," published by W. B. Yeats in 1933. It is surely one of his most charming poems.1 The poem's lilting rhythm and affectionate tone effectively soften—even disguise—what is arguably a dark and dismaying message. Anne is destined to be loved not for herself alone, but for an accidental physical attribute—her blond hair. Why do I claim that the poem's message is dark? Why should it dismay Anne if she is loved for the beauty (...) of her hair? Is that not better, after all, than not being loved in the first place? And what would it be to love Anne for herself "alone"? Love Anne for her sweet disposition; for her ability always to say the right thing; for her kindness; but for her yellow hair? .. (shrink)
In her book, Moral Status, Mary Anne Warren defends a comprehensive theory of the moral status of various entities. Under this theory, she argues that animals may have some moral rights but that their rights are much weaker in strength than the rights of humans, who have rights in the fullest, strongest sense. Subsequently, Warren believes that our duties to animals are far weaker than our duties to other humans. This weakness is especially evident from the fact that Warren (...) believes that it is frequently permissible for humans to kill animals for food. Warren’s argument for her view consists primarily in the belief that we have inevitable practical conflicts with animals that make it impossible to grant them equal rights without sacrificing basic human interests. However, her arguments fail to justify her conclusions. In particular, Warren fails to justify her beliefs that animals do not have an equal right to life and that it is permissible for humans to kill animals for food. (shrink)
The work of Spinoza, Descartes and Leibniz is cited in an attempt to develop, both expositorily and critically, the philosophy of Anne Viscountess Conway. Broadly, it is contended that Conway's metaphysics, epistemology and account of the passions not only bear intriguing comparison with the work of the other well-known rationalists, but supersede them in some ways, particularly insofar as the notions of substance and ontological hierarchy are concerned. Citing the commentary of Loptson and Carolyn Merchant, and alluding to other (...) commentary on the Cambridge Platonists whose work was done in tandem with Conway's, it is contended that Conway's conception of the "monad" preceded and influenced Leibniz's, and that her monistic vitalism was in many respects a superior metaphysics to the Cartesian system. It is concluded that we owe Conway more attention and celebration than she has thus far received. (shrink)
The fragility of the subject is a recurring issue in the work of Anne Enright, one of Ireland's most remarkable and innovative writers. It is this specific interest, together with her attempt to make women into subjects, that inevitably links her work to Bracha Lichtenberg-Ettinger's theory of the matrixial borderspace, a feminine sphere that coexists with the Lacanian symbolic order and that, even before our entrance into this linguistic system, informs our subjectivity. By turning to a point in time (...) before language—the encounter between “self” and “other” during pregnancy—both Enright and Ettinger test the boundaries of and the gaps within the linguistic system. It is the going before language that ultimately enables both to go beyond some of the most persistent dualisms present within the linguistic system and to create room for an alternative—a feminine—understanding of the ethical relationality between self and other. (shrink)
(2013). Review of Anne-Maree Farrell, The Politics of Blood: Ethics, Innovation and the Regulation of Risk. The American Journal of Bioethics: Vol. 13, No. 4, pp. 54-56. doi: 10.1080/15265161.2013.768869.
Anne-Marie Weidler Kubanek: Nothing less than an adventure: Ellen Gleditsch and her life in science Content Type Journal Article Category Book Review Pages 1-2 DOI 10.1007/s10698-011-9119-8 Authors Marelene Rayner-Canham, Memorial University, Grenfell Campus, Corner Brook, NL, Canada Geoff Rayner-Canham, Memorial University, Grenfell Campus, Corner Brook, NL, Canada Journal Foundations of Chemistry Online ISSN 1572-8463 Print ISSN 1386-4238.
In academic contexts, it is always likely thatan author who criticises another's work – in abook review, or an article – will know theother author personally. They may well befriends. Reflecting upon the intimacy of thepublic sphere, this article responds to thetone of a recent critique of the style andpolitics of postmodern jurisprudence. Questionsof style, tone and scriptural face are anunconventional point of entry into a discussionof feminism, aesthetics and law. It is arguedhere that these issues are intrinsic to theembodiment (...) of theory that Barron proposes. (shrink)
Sarah Hutton sets Anne Conway in her historical and philosophical context in this intellectual biography of one of the very first English women philosophers. Hutton traces Conway's intellectual development in relation to friends and associates, and documents her interest in religion--which extended beyond Christian orthodoxy to Quakerism, Judaism and Islam. Her book offers insight into the personal life of a very private woman, and the richness of seventeenth-century intellectual culture.
Dans l’avant-propos de son dernier ouvrage, Anne Herschberg Pierrot définit le style comme « un processus de transformation de l’œuvre, qui peut s’ouvrir à sa genèse et s’accomplit dans ses lectures » (p. 3). C’est là une invitation à considérer le style comme un processus créatif, inscrit dans une temporalité. L’auteure propose ainsi d’adopter une perspective génétique, de s’intéresser à la genèse de la production littéraire, aux brouillons de l’œuvre pour en cerner les particularités stylis..
Lady Anne Conway was a remarkable woman who became a philosopher in her own right at a time when most women were denied even basic education. The Conway Letters is the record of her friendship with the Cambridge Platonist, Henry More, which began when he acted as her unofficial tutor in philosophy and lasted until her death. The letters cover a wide range of topics - personal, philosophical, religious, and social. They give a detailed picture of the More-Conway circle, (...) including such figures as Jeremy Taylor, Ralph Cudworth, Robert Boyle, and Francis Mercury van Helmont, as well as Lady Conway's Quaker associates, George Keith and William Penn. The letters are thus a valuable source for mid-seventeenth-century history, and especially for the intellectual history of the period. -/- This revised edition reprints all the letters from the original 1930 edition, together with Marjorie Nicolson's biographical account of Anne Conway and Henry More. A new appendix contains some important letters not included in the first edition, among them the early discussion of Cartesianism. The introduction by Sarah Hutton sets the book in the context of recent scholarship. (shrink)
Outline: The reality of Catholicism; The question of the development of science; Historical outlook at some transitional moments; When dogma meets science; Contemporary physics and the worldview of Catholicism; Awaiting a 'Grand Narrative' and the final vision of harmony.
This book, officially a contribution to the subject area of Charles Peirce’s semiotics, deserves a wider readership, including philosophers. Its subject matter is what might be termed the great question of how signification is brought about (what Peirce called the ‘riddle of the Sphinx’, who in Emerson’s poem famously asked, ‘Who taught thee me to name?’), and also Peirce’s answer to the question (what Peirce himself called his ‘guess at the riddle’, and Freadman calls his ‘sign hypothesis’).