This article describes how historical claims frequently made in arguments about the propertization of copyright are incomplete, focusing on three examples: that intellectual property is a much older phrase than current scholarship would lead one to believe; that, regardless, copyright has been understood as property (literary, artistic, etc.) since the 18th century; that infringement of all sorts have generally been called piracy for at least that long; and that appeals to Thomas Jefferson for weaker intellectual property rights are misplaced for (...) multiple reasons. Because copyright has been viewed as property for hundreds of years, scholars who connect the increasing strength of copyright to the rise of the phrase intellectual property must make an argument completely absent from the literature - that intellectual property somehow hypnotizes in a way that literary property or plain old property did not. The paper then turns to analysis of the propertization claims themselves, showing the limits of these arguments and suggesting directions in which this scholarship might go. Finally, the paper proposes that the actual reason commentators are increasingly uncomfortable with copyright as property is the boundaries problem - the fuzziness of a copyright's borders in a world where many more people are creating and recreating expression as their vocations and avocations. As more and more of us emigrate to the realm of expression, the demands for both expressive property and expressive space put tremendous pressure on the copyright system. (shrink)
Saul Kripke, in a series of classic writings of the 1960s and 1970s, changed the face of metaphysics and philosophy of language. Christopher Hughes offers a careful exposition and critical analysis of Kripke's central ideas about names, necessity, and identity. He clears up some common misunderstandings of Kripke's views on rigid designation, causality and reference, and the necessary a posteriori and contingent a priori. Through his engagement with Kripke's ideas Hughes makes a significant contribution to ongoing debates on, (...) inter alia, the semantics of natural kind terms, the nature of natural kinds, the essentiality of origin and constitution, the relative merits of 'identitarian' and counterpart-theoretic accounts of modality, and the identity or otherwise of mental types and tokens with physical types and tokens. No specialist knowledge in either the philosophy of language or metaphysics is presupposed; Hughes's book will be valuable for anyone working on the ideas which Kripke made famous in the philosophy world. (shrink)
This long-awaited book replaces not one but both of Hughes and Cresswell's two previous classic studies of modal logic: An Introduction to Modal Logic and A Companion to Modal Logic . A New Introduction to Modal Logic has been completely rewritten by the authors to incorporate all the developments that have taken place since 1968 both in modal propositional logical and modal predicate logic, but without sacrificing the clarity of exposition and approachability that were essential features of the earlier (...) works. The book takes readers through the most basic systems of modal prepositional logic right up to systems of modal predicate with identity. It deals with both technical developments such as completeness and incompleteness, and finite and infinite models, and discusses philosophical applications, especially, in the area of modal predicate logic. (shrink)
Hughes explains the key elements in Aristotle's Nichomachaean Ethics terminology and highlights the controversy regarding the interpretations of his writings. He carefully explores each section of the text, and presents a detailed account of the problems Aristotle was trying to address. Hughes also examines the role that Aristotle's ethics continue to play in contemporary moral philosophy by comparing and contrasting his views with those widely held today.
R.I.G. Hughes presents a series of eight philosophical essays on the theoretical practices of physics. The first two essays examine these practices as they appear in physicists' treatises (e.g. Newton's Principia and Opticks ) and journal articles (by Einstein, Bohm and Pines, Aharonov and Bohm). By treating these publications as texts, Hughes casts the philosopher of science in the role of critic. This premise guides the following 6 essays which deal with various concerns of philosophy of physics such (...) as laws, disunities, models and representation, computer simulation, explanation, and the discourse of physics. (shrink)
Ethical dilemmas involving tax issues were identified by members of the American Institute of Certified Public Accountants as posing the most difficult ethical problem for them (Finn et al., Journal of Business Ethics 7(8), pp. 607–609, 1988). The KPMG tax shelter fraud case proves that the tax profession has not gone untainted in the age of numerous accounting and corporate scandals, such as the Enron débâcle (Sikka and Hampton, Accounting Forum 29(3), 325–343, 2005). High-profile scandals serve to highlight the problems (...) caused by differences in ethical judgement among accountants and tax practitioners and the issue of ethics has been brought publicly to the forefront of the profession. Nevertheless, the nature and dimension of ethical issues in tax practice have been largely unexplored (Erard, Journal of Public Economics 52(2), 163–197, 1993; Marshall et al., Journal of Business Ethics 17(12), 1265–1279, 1998; Frecknall Hughes, Unpublished PhD Thesis, The University of Leeds, 2002). This research aims to contribute to the debate on ethics in tax practice by reporting interview data on tax practitioners’ perceptions of ethics in the jurisdictions of Ireland and the United Kingdom and exploring the link or equation of ethics with risk management. (shrink)
This book challenges the widely-held view that Marxism is unable to deal adequately with environmental problems. Jonathan Hughes considers the nature of environmental problems, and the evaluative perspectives that may be brought to bear on them. He examines Marx's critique of Malthus, his method, and his materialism, interpreting the latter as a recognition of human dependence on nature. Central to the book's argument is an interpretation of the 'development of the productive forces' which takes account of the differing ecological (...) impacts of different productive technologies while remaining consistent with the normative and explanatory roles that this concept plays within Marx's theory. Turning finally to Marx's vision of a society founded on the communist principle 'to each according to his needs', the author concludes that the underlying notion of human need is one whose satisfaction presupposes only a modest and ecologically feasible expansion of productive output. (shrink)
A general account of modeling in physics is proposed. Modeling is shown to involve three components: denotation, demonstration, and interpretation. Elements of the physical world are denoted by elements of the model; the model possesses an internal dynamic that allows us to demonstrate theoretical conclusions; these in turn need to be interpreted if we are to make predictions. The DDI account can be readily extended in ways that correspond to different aspects of scientific practice.
Locke thought that it was impossible for there to be two things of the same kind in the same place at the same time. I offer (what looks to me like) a counterexample to that principle, involving two ships in the same place at the same time. I then consider two ways of explaining away, and one way of denying, the apparent counterexample of Locke's principle, and I argue that none is successful. I conclude that, although the case under discussion (...) does not refute Locke's principle, it constitutes a serious challenge to it. (shrink)
I offer a critical reconstruction of Kant's thesis that aesthetic judgement is founded on the principle of the purposiveness of nature. This has been taken as equivalent to the claim that aesthetics is directly linked to the systematicity of nature in its empirical laws. I take issue both with Henry Allison, who seeks to marginalize this claim, and with Avner Baz, who highlights it in order to argue that Kant's aesthetics are merely instrumental for his epistemology. My solution is that (...) aesthetic judgement operates as an exemplary presentation of our general ability to schematise an intuition with a concept at the empirical level. I suggest that this counts as an empirical schematism. Although aesthetic judgement is not based on empirical systematicity, it can nevertheless offer indirect support for the latter in so far as it is a particular revelation of purposiveness in general. (shrink)
Dementia is an illness that raises important questions about our own attitudes to illness and aging. It also raises very important issues beyond the bounds of dementia to do with how we think of ourselves as people--fundamental questions about personal identity. Is the person with dementia the same person he or she was before? Is the individual with dementia a person at all? In a striking way, dementia seems to threaten the very existence of the self.LThis book brings together philosophers (...) and practitioners to explore the conceptual issues that arise in connection with this increasingly common illness. Drawing on a variety of philosophers such as Descartes, Lock, Hume, Wittgenstein, the authors explore the nature of personal identity in dementia. They also show how the lives and selfhood of people with dementia can be enhanced by attention to their psychological and spiritual environment. Throughout, the book conveys a strong ethical message, arguing in favor of treating people with dementia with all the dignity they deserve as human beings. The book covers a range of topics, stretching from talk of basic biology to talk of a spiritual understanding of people with dementia. Accessibly written by leading figures in psychiatry and philosophy, the book presents a unique and long overdue examination of an illness that features in so many of our lives. (shrink)
: Quite rightly, philosophers of physics examine the theories of physics, theories like Quantum Mechanics, Quantum Field Theory, the Special and General Theories of Relativity, and Statistical Mechanics. Far fewer, however, examine how these theories are put to use; that is to say, little attention is paid to the practices of theoretical physicists. In the early 1950s David Bohm and David Pines published a sequence of four papers, collectively entitled, 'A Collective Description of Electron Interaction.' This essay uses that quartet (...) as a case study in theoretical practice. In Part One of the essay, each of the Bohm-Pines papers is summarized, and within each summary an overview is given, framing a more detailed account. In Part Two theoretical practice is broken into six elements: (a) the use of models, (b) the use of theory, (c) modes of description and narrative, (d) the use of approximations, (e) experiment and theory, (f) the varied steps employed in a deduction. The last element is the largest, drawing as it does from the earlier ones. Part Three enlarges on the concept of 'theoretical practice,' and briefly outlines the subsequent theoretical advances which rendered the practices of Bohm and Pines obsolete, if still respected. (shrink)
Michael Clark has recently argued that the slippery slope argument against voluntary euthanasia is ‘entirely consequentialist’ and that its use to justify continued prohibition of voluntary euthanasia involves a failure to treat patients who request assistance in ending their lives as ends in themselves. This article agues that in fact the slippery slope is consistent with most forms of deontology, and that it need not involve any violation of the principle that people should be treated as ends, depending upon how (...) that principle is construed. It is concluded that supporters of voluntary euthanasia cannot dismiss the slippery slope argument on the basis of deontological principles but must take seriously the consequences that it postulates and engage in factual argument about their likely extent and about the likely effectiveness of any proposed safeguards. (shrink)
Suppose there are possible worlds in which God exists but Anselm does not. Then (I argue) there are possible worlds in which Anselm does not exist, but God cannot even entertain the thought that he does not. In such worlds Anselm does not exist, but God does not know that. This, I argue, is incompatible with (a straightforward construal of) the doctrine of God's essential omniscience. Considerations involving negative existentials also call into question a certain picture of creation, on which (...) God chooses which particular (possible) individuals to create. They suggest that there is an element of brute contingency about which individuals exist. (shrink)
The precautionary principle has its origins in debates about environmental policy, but is increasingly invoked in bioethical contexts. John Harris and Søren Holm argue that the principle should be rejected as incoherent, irrational, and representing a fundamental threat to scientific advance and technological progress. This article argues that while there are problems with standard formulations of the principle, Harris and Holm's rejection of all its forms is mistaken. In particular, they focus on strong versions of the principle and fail to (...) recognize that weaker forms, which may escape their criticisms, are both possible and advocated in the literature. (shrink)
This article investigates the characteristic attitudes of the Greeks toward nature, which formed the perceptual framework for their ecological thinking. Two major attitudes are discerned. One regarded nature as the theatre of the gods, whose interplay produced observed phenomena, but whose localization gave them particular, restricted roles. The other attitude viewed nature as the theatre of reason, and made the beginnings of ecological thought possible. The contributions of several Greek forerunners in the field of ecology are characterized. The most consistent, (...) balanced ecological writer in ancient Greece was Theophrastus, but his conception of an autonomous nature, interacting with man, was overshadowed in the history of ancient and medieval thought by the anthropocentric teleology of Aristotle. (shrink)
At several points in his writings, Levinas is implicitly critical of Hobbes's view that the political order is required to restrict violent conflict and competition and make morality possible. This paper makes Levinas's criticisms explicit by comparing Hobbes's descriptions of human nature and human relations with Levinas's radically different descriptions of the ethical relation of responsibility and the consequent kinship of the human community. I use insights from Levinas to argue that ethics cannot be reduced to politics and that the (...) primacy of the ethical relation provides a more adequate description of human relations and justice in the human community. (shrink)
There has been considerable work on practical reasoning in artificial intelligence and also in philosophy. Typically, such reasoning includes premises regarding means–end relations. A clear semantics for such relations is needed in order to evaluate proposed syllogisms. In this paper, we provide a formal semantics for means–end relations, in particular for necessary and sufficient means–end relations. Our semantics includes a non-monotonic conditional operator, so that related practical reasoning is naturally defeasible. This work is primarily an exercise in conceptual analysis, aimed (...) at clarifying and eventually evaluating existing theories of practical reasoning (pending a similar analysis regarding desires, intentions and other relevant concepts). (shrink)
In this paper, I make a case for interpreting the Lysis as a dialogue of definition, designed to answer the question of “What is a friend?” The main innovation of my interpretation is the contention – and this is argued for in the paper – that Socrates hints towards a definition of being a friend that applies equally to mutual friendship and one-way attraction – the two kinds of friend relation very clearly identified by Socrates in the dialogue. The key (...) to understanding how the two different kinds of friendship can have a common definition is to appreciate that the property of being a friend has a relational character. (shrink)
Recent philosophical criticisms of individual rights and the postmodern deconstruction of the sovereign subject raise serious questions for the defense of universal human rights. This paper critically examines Paul Ricoeur's effort to reconstruct a viable notion of the human subject as the bearer of human rights. Ricoeur's analysis of the narrative structure of human experiences and action takes account of the recent philosophical criticisms of sovereign subjectivity; it avoids both the fiction of the atomistic individual of liberal political philosophy and (...) the fragility of a completely relativized and decentered subject. By extending Ricoeur's work on narrative identity and by developing a humanism based on the ethical primacy of the other-than-self, this paper aims to provide new insights into the complexity of implementing and defending universal human rights. Key Words: deconstruction human rights narrative Ricoeur subject subjectivity. (shrink)
Bering's target article proposes that the tendency to believe in an afterlife emerged (in evolutionary history) in response to selective pressures unique to human societies. However, the empirical evidence presented fails to account for the broader social context that impinges upon researcher–participant interactions, and so fails to displace the more parsimonious explanation that it is childhood credulity that underlies the acquisition of afterlife beliefs through cultural exposure.
. The ability to enforce the provisions of a code of conduct influences whether the code is effective in shaping behavior. Enforcement relies in part on the willingness of organization members to report violations of the code, but research from the business and educational environment suggests that fewer than half of those who observe code violations follow their organizations procedures for reporting them. Based on a review of the literature in the business and educational environments, and a survey of 3605 (...) students at a mid-sized comprehensive university, this paper attempts to make conceptual sense of the non-reporting phenomenon. We present a conceptual framework based on four distinct factors which we have labeled: (1) factual non-responsibility; (2) moral non-responsibility; (3) consequential exoneration; and, (4) functional exoneration. Each of these factors suggest a different remedial strategy as well as provide a theoretical foundation for future research. Testable propositions for future research are developed, and some implications for organization leaders are discussed. (shrink)
Propositional dynamic logic (PDL) provides a natural setting for semantics of means-end relations involving non-determinism, but such models do not include probabilistic features common to much practical reasoning involving means and ends. We alter the semantics for PDL by adding probabilities to the transition systems and interpreting dynamic formulas 〈α〉 ϕ as fuzzy predicates about the reliability of α as a means to ϕ. This gives our semantics a measure of efficacy for means-end relations.
Because much of the recent philosophical interest in functions has been motivated by their application in biology and other sciences, most of the ensuing discussions have focused on functional explanations to the neglect of the practical role of functional knowledge. This practical role is essential for understanding how users form plans involving artifacts. We introduce the concept of instrumental function which is intended to capture the features of functional claims that are relevant to practical—in particular, instrumental—reasoning. We discuss the four (...) primary features of an instrumental function ascription, the teleological component of such ascriptions and give a clear definition of malfunction in terms of incapability to perform as well as “normal” tokens of the same type. (shrink)
The question of when it is permissible to inflict risks on others without their consent is one that we all face in our everyday lives, but which is often brought to our attention in contexts of technological innovation and scientific uncertainty. Xenotransplantation, the transplantation of organs or tissues from animals to humans, has the potential to save or improve the lives of many patients but gives rise to the possibility of infectious agents being transferred from donor animals into the human (...) population. As well as being an important ethical issue in its own right it therefore provides a useful vehicle for exploring the more general question of how to balance the benefits of a practice against the risks to third parties. This paper focuses on the Rawlsian, justice-based analysis of the risks of xenotransplantation proposed by Robert Veatch. It argues that Veatch is right to take considerations of distributive justice into account, but that his particular approach is flawed. It is hoped that consideration of Veatch’s arguments, and of the underlying assumptions will suggest better ways of executing a justice-based approach. (shrink)
Sandia National Laboratories, located in Albuquerque, New Mexico, was originally a part of Los Alamos Laboratory. In 1949, AT&T agreed to manage Sandia, which they did for the next 44 years. During those Cold War years, Sandia was the prime weapons engineering laboratory for Los Alamos and Lawrence Livermore. As such, it bore prime responsibility for designing and adapting nuclear weapons for the military services' delivery systems, and ensuring the safety and reliability of the stockpile. The Labs' history has been (...) unevenly documented, hindered by the secret nature of its work and the desire of management to maintain a low public profile. There have been three history programs at Sandia: a restricted history published internally in 1963; another history program in the early 1980s that resulted in a history of the Labs' first decade; and the current history program dating from the mid-1990s, which has published a general history and several monographs. This article discusses the challenges and problems inherent in documenting the history of a national weapons laboratory during the last 50 years. (shrink)
This paper studies long-term norms concerning actions. In Meyer's Propositional Deontic Logic (PDₑL), only immediate duties can be expressed, however, often one has duties of longer durations such as: "Never do that", or "Do this someday". In this paper, we will investigate how to amend (PDₑL) so that such long-term duties can be expressed. This leads to the interesting and suprising consequence that the long-term prohibition and obligation are not interdefinable in our semantics, while there is a duality between these (...) two notions. As a consequence, we have provided a new analysis of the long-term obligation by introducing a new atomic proposition I (indebtedness) to represent the condition that an agent has some unfulfilled obligation. (shrink)
THE AUTHOR, THOUGH CRITICAL OF MARTIN’S BOOK, "RELIGIOUS BELIEF", DEFENDS MARTIN FROM THE CRITICISMS OF ROWE AND PLANTINGA BECAUSE THE LATTER HAVE NOT "MADE THEIR CASE" IN CLAIMING THERE IS A CONTRADICTION INVOLVED IN THE ARGUMENT THAT CHRIST AND GOD ARE THE SAME. (STAFF).