The theories of information ethics articulated by Luciano Floridi and his collaborators have clear implications for law. Information law, including the law of privacy and of intellectual property, is especially likely to benefit from a coherent and comprehensive theory of information ethics. This article illustrates how information ethics might apply to legal doctrine, by examining legal questions related to the ownership and control of the personal data representations, including photographs, game avatars, and consumer profiles, that have become ubiquitous with the (...) proliferation of information and communication technologies. Recent controversy over the control of player performance statistics in “fantasy” sports leagues provides a limiting case for the analysis. Such data representations will in many instances constitute the kind of personal data that information ethics asserts constitutes an information entity. Legal doctrine in some instances proves sympathetic to such an assertion, but remains largely inchoate as to which data might constitute a given information entity in a given instance. Neither is information ethics, in its current state of development, entirely helpful in answering this critical question. While information ethics holds some promise to bring coherence to this area of the law, further work articulating a richer theory of information ethics will be necessary before it can do so. (shrink)
Recent advances in genetic engineering nowallow the design of programmable biologicalartifacts. Such programming may include usageconstraints that will alter the balance ofownership and control for biotechnologyproducts. Similar changes have been analyzedin the context of digital content managementsystems, and while this previous work is usefulin analyzing issues related to biologicalprogramming, the latter technology presents new conceptual problems that require morecomprehensive evaluation of the interplaybetween law and technologically embeddedvalues. In particular, the ability to embedcontractual terms in technological artifactsnow requires a re-examination of (...) disclosure andconsent in transactions involving such artifacts. (shrink)
Lessons from the Footnotes: The Reception of Burke’s Aesthetics and Social Theory in Szerdahely’s Conception of Aesthetics and Schedius’s Theory of Philokalia This article discusses the early phase of the Hungarian reception of the aesthetic views of Edmund Burke. It does so by considering two reference works on aesthetics, one by György Alajos Szerdahely (1740–1808), the other by Johann Ludwig Schedius (1768–1847). Both authors were, in their day and later, well known amongst the scholars of Europe. Their reference works became (...) university textbooks, and should therefore not now be neglected. The specialist literature has, however, to this day one-sidedly interpreted their conceptions as eclectic mixtures of German, English, and French works on aesthetics. In this article, the author seeks to surmount the poor methodology and unsatisfactory conclusions concerning the reception of foreign authorities in Hungarian aesthetics. She does so by using the example of Burke, reconstructing the context of the places that he is mentioned, presenting them as period topoi, and analysing the narrative strategies of the two Hungarian authors. These approaches allow her more profoundly to explore the relationship between Burke’s Enquiry and the two reference works. In the foreground of the comparison are the key terms ‘beauty’ and ‘the sublime’, the use of narration and metaphor, and also reflections on art, society, and sociability. (shrink)
The most recent commentators on Edmund Burke have renewed the charge that his political thought lacks the consistency and coherency necessary to even claim the status of a political philosophy and that he is indeed a "utilitarian." They mark him off as an "ideologist," a "rhetorician," and a "deliberate propagandist." Even Burke’s Reflections on the Revolution in France, his most profound statement of a political philosophy, is regarded by some as a work of mere "persuasion," not "philosophy." All this occurs (...) in spite of the seminal work of Stanlis, Canavan, and Wilkins, who in the 1950s and ‘60s, demonstrated the natural law foundations of Burke’s politics. Burke revisionists, forced to acknowledge his use of the "natural law," label such use as a rhetorical means for utilitarian ends. Directly opposed to this renewed "utilitarian" interpretation of Burke is Joseph Pappin’s work The Metaphysics of Edmund Burke. Not only does this work challenge the "utilitarian" view of Burke, it sets out, as not other work on Burke has attempted to do, "to make explicit the implicit metaphysical core of Burke’s political thought." Pappin does this by examining both Burke’s critics and Burke’s own attack on a rationalist, ideologically inspired metaphysics. Drawing from Burke’s vast writings, Pappin establishes as his goal "to demonstrate that Burke’s political philosophy is grounded in a realist metaphysic, one that is basically consonant with the Aristotelian-Thomistic tradition." Does the author succeed? According to Francis Canavan, in his Foreword to this work, the "explanatory key" of a realist metaphysics grounding Burke’s politics "is a key that fits the lock better than any other that scholars have offered." Canavan further holds that the author offers "us a more thorough analysis of Burke’s understanding of God, the creation, nature, man, and society than has previously appeared.". (shrink)
Confidentiality is one of the foundations on which psychotherapy is built. Limitations on confidentiality in the therapeutic process have been explained and explored by many authors and organizations. However, controversy and confusion continue to exist with regard to the limitations on confidentiality in situations where clients are considering their options at the end of life and after a client has died. This article reviews these 2 areas and provides some suggestions for future research.
We have recorded reflection–absorption infrared spectroscopy (RAIRS) and temperature-programmed desorption (TPD) data for a range of CO2-bearing model astrophysical ices adsorbed on a graphitic dust grain analogue surface. Data have been recorded for pure CO2, for CO2 adsorbed on top of amorphous solid water, for mixed CO2:H2O ices and for CO2 adsorbed on top of a mixed CH3OH:H2O ice. For the TPD data, kinetic parameters for desorption have been determined, and the trapping behaviour of the CO2 in the H2O (CH3OH) (...) ice has been determined. Data of these types are important as they can be used to model desorption in a range of astrophysical environments. RAIR spectra have also shown the interaction of the CO2 with H2O and CH3OH and can be used to compare with astronomical observations, allowing the accurate assignment of spectra. (shrink)
Classics of Political and Moral Philosophy provides in one volume the major writings from nearly 2,500 years of political and moral philosophy. The most comprehensive collection of its kind, it moves from classical thought (Plato, Aristotle, Epicurus, Cicero) through medieval views (Augustine, Aquinas) to modern perspectives (Machiavelli, Hobbes, Spinoza, Locke, Rousseau, Hume, Adam Smith, Kant). It includes major nineteenth-century thinkers (Hegel, Bentham, Mill, Nietzsche) as well as twentieth-century theorists (Rawls, Nozick, Nagel, Foucault, Habermas, Nussbaum). Also included are numerous essays from (...) The Federalist Papers and a variety of notable documents and addresses, among them Pericles' Funeral Oration, the Declaration of Independence, the Constitution of the United States, and speeches by Edmund Burke, Abraham Lincoln, Elizabeth Cady Stanton, John Dewey, and Martin Luther King, Jr. The readings are substantial or complete texts, not fragments. An especially valuable feature of this volume is that the works of each author are introduced with a substantive and engaging essay by a leading contemporary authority. These introductions include Richard Kraut on Plato, Aristotle, Epicurus, and Cicero; Paul J. Weithman on Augustine and Aquinas; Roger D. Masters on Machiavelli; Jean Hampton on Hobbes; Steven B. Smith on Spinoza and Hegel; A. John Simmons on Locke; Joshua Cohen on Rousseau and Rawls; Donald W. Livingston on Hume; Charles L. Griswold, Jr., on Smith; Bernard E. Brown on Hamilton and Madison; Jeremy Waldron on Bentham and Mill; Paul Guyer on Kant; Richard Miller on Marx and Engels; Richard Schacht on Nietzsche; Thomas Christiano on Nozick; John Deigh on Nagel; Thomas A. McCarthy on Foucault and Habermas; and Eva Feder Kittay on Nussbaum. Offering unprecedented breadth of coverage, Classics of Political and Moral Philosophy is an ideal text for courses in social and political philosophy, moral philosophy, or surveys in Western civilization. (shrink)
Johnstone, H. W., Jr. Rhetoric and communication in philosophy.--Smith, C. R. and Douglas, D. G. Philosophical principles in the traditional and emerging views of rhetoric.--Wallace, K. R. Bacon's conception of rhetoric.--Thonssen, L. W. Thomas Hobbes's philosophy of speech.--Walter, O. M., Jr. Descartes on reasoning.--Douglas, D. G. Spinoza and the methodology of reflective knowledge in persuasion.--Howell, W. S. John Locke and the new rhetoric.--Doering, J. F. David Hume on oratory.--Douglas, D. G. A neo-Kantian approach to the epistomology of judgment in criticism.--Bevilacqua, (...) V. M. Lord Kames's theory of rhetoric.--Brockriede, W. E. Bentham's philosophy of rhetoric.--Anderson, R. E. Kierkegaard's theory of communication.--Macksoud, S. J. Ludwig Wittgenstein, radical operationism and rhetorical stance.--Stewart, J. J. L. Austin's speech act analysis.--Torrence, D. L. A philosophy of rhetoric from Bertrand Russell.--Clark, A. Martin Buber, dialogue, and the philosophy of rhetoric.--Bennett, W. Kenneth Burke--a philosophy in defense of un-reason.--Dearin, R. D. The philosophical basis of Chaim Perelman's theory of rhetoric. (shrink)
The author interprets idolatry, totemism, sacrilege and taboo through her theory of sexual difference and her study of Eastern spirituality. She argues that the taboo on spirituality in Western culture has cancelled difference, resulting in our current forms of idolatry. Preserving difference, however, would allow the transcendence of the human other to exist. The task of learning to respect difference is central to human spirituality and spiritual progression. The article is a translation of “La transcendance de l’autre” in Autour d’idôlatrie: (...) figures actuelles de pouvoir et de domination, Ed. Bernard Van Meenen, Publications des Facultés Universitaires Saint-Louis, Brussels: 2003. (shrink)
