As the expansion of the Internet and the digital formatting of all kinds of creative works move us further into the information age, intellectual property issues have become paramount. Computer programs costing thousands of research dollars are now copied in an instant. People who would recoil at the thought of stealing cars, computers, or VCRs regularly steal software or copy their favorite music from a friend's CD. Since the Web has no national boundaries, these issues are international concerns. The contributors-philosophers, (...) legal theorists, and business scholars, among others-address questions such as: Can abstract ideas be owned? How does the violation of intellectual property rights compare to the violation of physical property rights? Can computer software and other digital information be protected? And how should legal systems accommodate the ownership of intellectual property in an information age? Intellectual Property is a lively examination of these and other issues, and an invaluable resource for librarians, lawyers, businesspeople, and scholars. (shrink)

Michael A. PetersBeijing Normal UniversityMy deepest condolences to Pepe, Dom and Marcus and to Jim’s grandchildren. Tina and I spent a lot of time at the Marshall family home, often attending dinn...

From the beginning, the implications of quantum theory for our most general understanding of the world have been a matter of intense debate. Einstein argues that the theory had to be regarded as fundamentally incomplete. Its inability, for example, to predict the exact time of decay of a single radioactive atom had to be due to a failure of the theory and not due to a permanent inability on our part or a fundamental indeterminism in nature itself. In 1964, John (...) Bell derived a theorem which showed that any deterministic theory which preserved locality would have certain consequences for measurements performed at a distance from one another. An experimental check seems to show that these consequences are not, in fact, realized. The correlation between the sets of events is much stronger than any local deterministic theory could allow. What is more, this stronger correlation is precisely that which is predicted by quantum theory. The astonishing result is that local deterministic theories of the classical sort seem to be permanently excluded. Not only can the individual decay not be predicted, but no future theory can ever predict it. The contributors in this volume wrestle with this conclusion. Some welcome it; others leave open a return to at lease some kind of deterministic world, one which must however allow something like action-at-a distance. How much lit it? And how can one avoid violating relativity theory, which excludes action-at-a-distance? How can a clash between the two fundamental theories of modern physics, relativity and quantum theory, be avoided? What are the consequences for the traditional philosophic issue of causality explanation and objectivity? One thing is certain; we can never return to the comfortable Newtonian world where everything that happened was, in principle, predictable and where what happened at one measurement site could not affect another set of measurements being performed light-years away, at a distance that a light-signal could not bridge. Contributors: James T. Cushing, Abner Shimony, N. David Mermin, Jon P. Jarrett, Linda Wessels, Bas C. van Fraassen, Jeremy Butterfield, Michael L. G. Redhead, Henry P. Stapp, Arthur Fine, R. I. G. Hughes, Paul Teller, Don Howard, Henry J. Folse, and Ernan McMullin. (shrink)

Each of the five volumes in the Stone Art Theory Institutes series—and the seminars on which they are based—brings together a range of scholars who are not always directly familiar with one another’s work. The outcome of each of these convergences is an extensive and “unpredictable conversation” on knotty and provocative issues about art. This fourth volume in the series, _Beyond the Aesthetic and the Anti-Aesthetic_, focuses on questions revolving around the concepts of the aesthetic, the anti-aesthetic, and the political. (...) The book is about the fact that now, almost thirty years after Hal Foster defined the anti-aesthetic, there is still no viable alternative to the dichotomy between aesthetics and anti- or non-aesthetic art. The impasse is made more difficult by the proliferation of identity politics, and it is made less negotiable by the hegemony of anti-aesthetics in academic discourse on art. The central question of this book is whether artists and academicians are free of this choice in practice, in pedagogy, and in theory. The contributors are Stéphanie Benzaquen, J. M. Bern­stein, Karen Busk-Jepsen, Luis Camnitzer, Diarmuid Costello, Joana Cunha Leal, Angela Dimitrakaki, Alexander Dumbadze, T. Brandon Evans, Geng Youzhuang, Boris Groys, Beáta Hock, Gordon Hughes, Michael Kelly, Grant Kester, Meredith Kooi, Cary Levine, Sunil Manghani, William Mazzarella, Justin McKeown, Andrew McNamara, Eve Meltzer, Nadja Millner-Larsen, Maria Filomena Molder, Carrie Noland, Gary Peters, Aaron Richmond, Lauren Ross, Toni Ross, Eva Schürmann, Gregory Sholette, Noah Simblist, Jon Simons, Robert Storr, Martin Sundberg, Timotheus Vermeulen, and Rebecca Zorach. (shrink)

IntroductionResilience is a factor in how youth respond to adversity. The 88-item Adolescent Resilience Questionnaire is a comprehensive, multi-dimensional self-report measure of resilience developed with Australian youth.MethodsUsing a cross-sectional adolescent population, confirmatory factor analysis was conducted to replicate the original factor structure. Over half of the adolescents were non-white and 9th graders with a mean age of 15.5.ResultsOur exploratory factor analysis shortened the measure for which we conducted the psychometric analyses. The original factor structure was not replicated. The exploratory factor (...) analysis provided a 49-item measure. Internal consistency reliability for all 12 factors ranged from acceptable. The revised factor total scores were highly and significantly correlated with item–total correlation coefficients.ConclusionThis revised shorter 49-item version of the Adolescent Resilience Questionnaire could be deployed and has acceptable psychometric properties. (shrink)

A consensus has emerged among many normative theorists of cultural pluralism that dialogue is the key to securing just relations among ethnic or cultural groups. However, few normative theorists have explored the conditions or incentives that enable inter-group dialogue versus those that encourage inter-group conflict. To address this problem, I use Habermas’s distinction between communicative and strategic action, since many models of inter-group dialogue implicitly rely upon communicative action, while many accounts of inter-group conflict rest upon strategic action. Drawing on (...) explanatory accounts of inter-group conflict, I outline five strategic logics of group conflict, what I call the resource, political, information, positional, and security logics. I then argue that these strategic logics cannot be overcome by three motivations commonly thought to support communicative action: moral-cognitive consistency, the normative characteristics of modernity, and publicity constraints. At this point, I turn to an empirical case, the reception of African-American concerns within the Jewish public sphere prior to the Second World War, in order to suggest that, although strategic incentives might hinder inter-group dialogue, they may also encourage it. In conclusion, I provide three recommendations for how theorists might utilize strategic incentives in order to recognize which actors, policies, or institutions can encourage inter-group dialogue. (shrink)

Incorporating Gadamer and other thinkers from the continental tradition, this essay is a close and detailed hermeneutic, phenomenological, and ontological study of the dialectic practice of Plato’s Socrates—it radicalizes and refutes the Socrates-as-teacher model that educators from scholar academic ideology embrace.

In Hurrian, timer/timar ‘dark’ appears exclusively in the phrase timerre eženi “the dark earth”. It has been suggested that this phrase and its reflexes in Hittite and Greek derive from the common religious trope of “the devouring earth” originating in northern Mesopotamia, with Hurrian providing the first attestation. However, the atypical morphology of the adjective, which cannot be derived from a noun and does not have the normal VC root pattern of Hurrian, and the semantic field, with Hurrian having borrowed (...) many words for colors, make a native Hurrian origin for timer/timar unlikely. It is suggested instead that the adjective, as well as its counterpart timiraš ‘a dark/black color ’ in the Kassite language, was borrowed from Indo-Aryan *tam-[e]r, probably as a result of a shared Indo-Aryan cultural superstratrum. While no alternatives are offered, such an etymology calls into question a Hurrian origin for the religious concept of “devouring earth.”. (shrink)

ABSTRACT Pierre Bayle developed an expansive theory of toleration in his Commentaire philosophique by arguing that tolerance is a universal principle of natural law. However, by situating toleration in natural law rather than positive law, Bayle was brought into theoretical conflict with the Old Testament injunction that the state should punish idolatry. To resolve this conflict, Bayle drew upon the work of early modern Hebraists, particularly the Catholic biblical scholar Richard Simon. Bayle adapted Simon’s idea that theocracy uniquely shaped the (...) institutions of ancient Israel to argue that prohibitions against idolatry should be exclusive to the Hebrew republic. Bayle argued that the Mosaic Law did not punish someone for their sincerely held religious beliefs but only prohibited treason, and these circumstantial laws should not be emulated by other states. This allowed Bayle to contend for the moral veracity of the Old Testament and the notion that toleration is an unconditional principle of natural law. Bayle’s use of Simon displayed the revolutionary potential of textual critical scholarship in the early modern period, as he adapted Simon’s critical ideas to his own aims of promoting religious toleration within the ecclesiastical and civic spheres of his own confessional context. (shrink)

The qualities of great works of art, their profundity, their insight into the human condition, are epitomised in Brakhage's films, which are, I argue, from the beginning related to and inseparable from a philosophical attitude toward existence. His films emerge out of an authentic 'existential' mode of attunement, a mind-set wherein the potential for human transcendence is framed and filmed within its intractable relationship to death, the most extreme possibility of non-existence. Brakhage not only views existence in a philosophical manner, (...) beyond this, he engages in philosophical inquiry in a fundamental way through the medium of film. The films arise from and respond to what Karl Jaspers views as the ultimate source of philosophy, namely, 'the will to authentic communication,' which embraces 'wonder leading to knowledge, doubt leading to certainty, forsakenness leading to the self.' This amounts to the philosophical struggle to arrive at a sense of metaphysical coherence and existential familiarity, i.e., the precarious undertsanding of belonging to the world in communion with others. This essay seeks to elucidate and detail, through a series of interpretive gestures, the philosophical themes present to Brakhage's silent films by way of a reading that emerges from the phenomenological-ontological tradition in philosophy. In doing so, I hope to interpret Brakhage's filmic art as conveying a legitimate source of human understanding, which contributes to our interpreting and discoursing about the world and our lives in new and revelatory ways. (shrink)

Each chapter in Encountering the Medieval in Modern Jewish Thought addresses a different Jewish return to the medieval by using a language of renewal.

In this dissertation I argue that universal attributes are the metaphysical ground of similarity, and that the ultimate reason embracing realism is that an explanation of similarity must posit the existence of universals. Other arguments for the existence of universals are ultimately motivated by the desire to explain phenomena, such as laws of nature, general predication, and general knowledge, that seem to depend on similarity. ;This work is structured on metaphilosophical principles of Lawrence Lombard and Lawrence Powers. Within this framework (...) I defend principles for assigning weights to theoretical values such as ontological economy, explanatory power, and accordance with commonsense beliefs, and develop a realist semantic position that I use to interpret and defend an argument for the existence of universals from premises that include a simple similarity statement. ;Attributions of similarity to objects are often made with respect to kind-determining attributes or with respect to determinable attributes. I provide a realist se mantic account of such attributions, including an account of attributions of degrees of similarity. While our ways of speaking and thinking about similarities can be explained using a realist approach, nominalist theories cannot explain this central aspect of our experience. Also, nominalist theories require sweeping rejections of commonsense claims. I argue that the ontological economy of the most plausible nominalist theories is not as great as is often supposed. Thus, if we can make sense of the concept of a universal, we should accept realism. ;Because the role of universals as the ground of similarity is the ultimate motivation for positing the existence of universals, the concept of a universal is essentially associated with that role. I support this view of universals by defending a criterion of identity for universals formulated in terms of their role in grounding similarities, and disproving alternative realist criteria of identity for universals. For example, I show that Armstrong is unsuccessful in his attempt to base a criterion of identity for universals on the causal roles of universals. By providing a criterion of identity of universals, in terms of their role in grounding similarities, the essential nature of universals is demonstrated. (shrink)

This article challenges Kieran Oberman’s derivation of a right to immigrate from the right to internal movement, residence, and employment. His argument depends on a cantilever strategy, which finds it illogical to recognize one right without recognizing an analogous second right. This differs from a direct argument, which derives a right directly from an essential human interest, and an instrumental argument, which identifies one right as a means to protecting another right. The strength of a cantilever argument depends on the (...) direct or instrumental foundations of the initial right and the aptness of the analogy between it and the new right that one seeks to establish. Oberman’s argument fails on both accounts. First, his defense of the initial right to internal movement, residence, and employment, although portrayed as a direct argument, actually rests on inapt cantilever analogies with other rights, such as freedom of speech or religion. Second, the overall cantilever argument for deriving the right to immigrate fails, because immigration across fiscally separate states is not analogous to movement, residence, and employment within a single, fiscally unified state. Instead, a right to travel and visit is the proper outcome of Oberman’s argument. (shrink)

While theorists of cultural pluralism have generally supported tribal sovereignty to protect threatened Native cultures, they fail to address adequately cultural conflicts between Native and non-Native communities, especially when tribal sovereignty facilitates illiberal or undemocratic practices. In response, I draw on Jürgen Habermas' conceptions of dis-course and the public sphere to develop a universalist approach to cultural pluralism, called the 'intercultural public sphere', which analyzes how cultures can engage in mutual learning and mutual criticism under fair conditions. This framework accommodates (...) cultural diversity within formally universalistic parameters while avoiding four common criticisms of universalist approaches to cultural pluralism. But this framework differs from that of Habermas in two ways. First, it includes 'subaltern' publics, open only to members of cultural subgroups, in order to counter relations of 'cultural power'. Second, it admits 'strong' publics, democratic institutions with decision-making powers. Finally, I show how the subaltern, strong institutions of tribal sovereignty contribute to the fair discursive conditions required for mutual learning and mutual critique in an intercultural public sphere. Key Words: Habermas • Kymlicka • Native peoples • sovereignty • tribal. (shrink)

Portraits of patients served many clinical functions in eighteenth-century medic John Hunter's medical practice. As incarnations of medical skills and medical knowledge, they helped Hunter understand his patients’ problems. They could also bridge the physical absence of his patients, and so help him discuss cases at a distance with other members of the medical faculty. Moreover, portraits complemented text in his day-to-day practice; portraits were in no way an ancillary medium for Hunter, but rather a fundamental way of working. Meanwhile, (...) the role of Hunter's assistants as medically trained artists complicates typical historical models of patient–practitioner interactions, and affects how patients were objectified by modes of looking and by art. (shrink)

A consensus has emerged among many normative theorists of cultural pluralism that dialogue is the key to securing just relations among ethnic or cultural groups. However, few normative theorists have explored the conditions or incentives that enable inter-group dialogue versus those that encourage inter-group conflict. To address this problem, I use Habermas’s distinction between communicative and strategic action, since many models of inter-group dialogue implicitly rely upon communicative action, while many accounts of inter-group conflict rest upon strategic action. Drawing on (...) explanatory accounts of inter-group conflict, I outline five strategic logics of group conflict, what I call the resource, political, information, positional, and security logics. I then argue that these strategic logics cannot be overcome by three motivations commonly thought to support communicative action: moral-cognitive consistency, the normative characteristics of modernity, and publicity constraints. At this point, I turn to an empirical case, the reception of African-American concerns within the Jewish public sphere prior to the Second World War, in order to suggest that, although strategic incentives might hinder inter-group dialogue, they may also encourage it. In conclusion, I provide three recommendations for how theorists might utilize strategic incentives in order to recognize which actors, policies, or institutions can encourage inter-group dialogue. (shrink)

Do past state actions, such as the American conquest of northern Mexico, the British colonization of South Asia, and the Spanish expulsion of the Sephardim and Moriscos, grant contemporary Mexicans, South Asians, and the descendants of the Sephardim and Moriscos a particular right to immigrate to the United States, the United Kingdom, and Spain respectively? In this paper I examine three theoretical models for addressing this question: retrospective responsibility for historic injustice; the principle of coercively constituted identities; and the theory (...) of remedial responsibility. I argue that remedial responsibility best justifies a particular right to immigrate through responsibility for the past for three reasons. First, it relieves us of the epistemological task of establishing causal responsibility. Second, it lessens the normative task of identifying a theory of unjust harm to establish moral responsibility. Finally, it facilitates the normative task of ranking the claims to immigrate of different individuals. (shrink)

Providing the most thorough coverage available in one volume, this comprehensive, broadly based collection offers a wide variety of selections in four major genres, and also includes a section on film. Each of the five sections contains a detailed critical introduction to each form, brief biographies of the authors, and a clear, concise editorial apparatus. Updated and revised throughout, the new Fourth Edition adds essays by Margaret Mead, Russell Baker, Joan Didion, Annie Dillard, and Alice Walker; fiction by Nathaniel Hawthorne, (...) Ursula K. LeGuin, Anton Chekov, James Joyce, Katherine Mansfield, F. Scott Fitzgerald, William Faulkner, Alice Walker, Louise Erdrich, Donald Barthelme, and James McPherson; poems by John Donne, Robert Browning, Walt Whitman, Edwin Arlington Robinson, e.e. cummings, Langston Hughes, W.H. Auden, Philip Levine, and Louise Gluck; and plays by August Wilson, Marsha Norman, Wendy Wasserstein, and Vaclav Havel. The chapter devoted to film examines the relation of film to literature and gives the complete screenplay for Citizen Kane plus close analysis of a scene from the film. With its innovative structure, comprehensive coverage, and insightful and stimulating presentation of all kinds of literature, this is an anthology readers will turn to again and again. (shrink)

For many years there has been a debate about the role of the parietal lobe in the generation of behavior. Does it generate movement plans (intention) or choose objects in the environment for further processing? To answer this, we focus on the lateral intraparietal area (LIP), an area that has been shown to play independent roles in target selection for saccades and the generation of visual attention. Based on results from a variety of tasks, we propose that LIP acts as (...) a priority map in which objects are represented by activity proportional to their behavioral priority. We present evidence to show that the priority map combines bottom-up inputs like a rapid visual response with an array of top-down signals like a saccade plan. The spatial location representing the peak of the map is used by the oculomotor system to target saccades and by the visual system to guide visual attention. (shrink)

The standard position on moral perfection and gratuitous evil makes the prevention of gratuitous evil a necessary condition on moral perfection. I argue that, on any analysis of gratuitous evil we choose, the standard position on moral perfection and gratuitous evil is false. It is metaphysically impossible to prevent every gratuitously evil state of affairs in every possible world. No matter what God does—no matter how many gratuitously evil states of affairs God prevents—it is necessarily true that God coexists with (...) gratuitous evil in some world or other. Since gratuitous evil cannot be eliminated from metaphysical space, the existence of gratuitous evil presents no objection to essentially omnipotent, essentially omniscient, essentially morally perfect, and necessarily existing beings. (shrink)

The Jubilee Centre’s new report, Virtuous Character for the Practice of Law, sets about trying to examine the place of character and values in the legal profession in Britain. The report draws its findings from a UK focused survey of 966 lawyers and aspiring lawyers at varying stages of their careers. It is one of the largest pieces of research carried out in Britain focusing on issues of character and virtue within a specific industry sector.

This book explores, in rich and rigorous ways, the possibilities and limitations of “thick” autonomy in light of contemporary debates in philosophy, ethics, and bioethics. Many standard ethical theories and practices, particularly in domains such as biomedical ethics, incorporate minimal, formal, procedural concepts of personal autonomy and autonomous decisions and actions. Over the last three decades, concerns about the problems and limitations of these “thin” concepts have led to the formulation of “thick” concepts that highlight the mental, corporeal, biographical and (...) social conditions of what it means to be a human person and that enrich concepts of autonomy, with direct implications for the ethical requirement to respect autonomy. The chapters in this book offer a wide range of perspectives on both the elements of and the relations between “thin” and “thick” concepts of autonomy as well as their relative roles and importance in ethics and bioethics. This book offers valuable and illuminating examinations of autonomy and respect for autonomy, relevant for audiences in philosophy, ethics, and bioethics. (shrink)

Michael A. Petersa and Fazal Rizvib aBeijing Normal University, Beijing, PR China; bMelbourne University, Melbourne, Australia Our minds are still racing back and forth, longing for a return to ‘no...

In 1988 the philosopher Gilles Deleuze remarked that throughout his career he had always been 'circling around' a concept of nature. Showing how Deleuze weaves original readings of Plato, the Stoics, Aristotle, and Epicurus into some of his most famous arguments about event, difference, and problem, Michael James Bennett argues that these interpretations of ancient Greek physics provide vital clues for understanding Deleuze's own conception of nature. -/- "Deleuze and Ancient Greek Physics" delves into the original Greek and (...) Latin texts and situates Deleuze's interpretations in relation to contemporary scholarship on ancient philosophy. It reveals that these readings are both more complex and controversial than they may at first appear. Generating both new critical analyses of Deleuze and an appreciation for his classical erudition, this book will be a valuable resource for anyone interested in ancient Greek philosophy, Deleuze's philosophical project, or his unique methodology in the history of philosophy. (shrink)

We present a new road map for research on “How the Brain Got Language” that adopts an EvoDevoSocio perspective and highlights comparative neuroprimatology – the comparative study of brain, behavior and communication in extant monkeys and great apes – as providing a key grounding for hypotheses on the last common ancestor of humans and monkeys and chimpanzees and the processes which guided the evolution LCA-m → LCA-c → protohumans → H. sapiens. Such research constrains and is constrained by analysis of (...) the subsequent, primarily cultural, evolution of H. sapiens which yielded cultures involving the rich use of language. (shrink)