This article is a limited defense of copyrights for the contents of factual compilations. The form of protection that I propose, under which the collective factual content of such compilations is protected, differs from an approach that protects individual facts and from the currently accepted approach (as articulated in Feist v. Rural Telephone), under which only selections and arrangements of individual facts are protected. Although I accept that there are sound economic justifications for refusing to copyright individual facts, my justifications (...) differ from those that have traditionally been offered. The traditional justifications are: 1) that the monopolization costs of protecting individual facts are too great, because facts are too valuable as components for future works to have access to them limited by property rights, and 2) that facts fail the independent creation requirement for copyright protection, because they are not authored by anyone. Both of these justifications fail. Monopolization costs can at most justify limited terms for copyrights in facts. And, far from failing the independent creation requirement, facts (properly understood as representations of reality rather than reality itself) are as much works of authorship as novels are. I argue that transaction and enforcement costs are the real reasons that individual facts are not copyrightable. Furthermore, some components of factual works - specifically, ground breaking and explanatorily powerful theories like Einstein's theory of relativity - should be copyrightable if our sole concerns were transaction, enforcement and monopolization costs. Instead such theories are not protectable because any work that borrows them is their complement (in the sense that its production makes them more desirable), provided that the work acknowledges the theories' true provenance. This is because it is only through dissemination in other works that such theories can undergo the test of truth. But nothing about the uncopyrightability of the components of factual works stands in the way of copyrights for the collective factual content conveyed by such works. It might appear that protecting collective content is no different from the Feist approach, in which selections and arrangements of facts alone are protected. After all, collective factual content is created by selecting and arranging individual facts. If individual facts are not protected, then the selections and arrangements, it seems, must be. But this is a fallacy. Protecting a fictional story is not the same as protecting the methods of selection and arrangement used to generate the story from unprotected elements of character, plot, and setting. Likewise, protecting the collective factual content of a database is not the same as the Feist method. The collective content of databases, I argue, should be protected in the same manner that fictional stories are. Such an approach, far diverging from traditional copyright principles, follows from them. (shrink)
In District of Columbia v. Heller, the Supreme Court is anticipated to finally decide whether the Second Amendment is an individual or a collective right. This article is not about the textual and historical arguments on the basis of which the Court is likely to make its decision. My topic is more fundamental. Assuming that the Second Amendment protects an individual right, what purpose does it serve? What are the possible reasons that private arms possession is sufficiently valuable to deserve (...) constitutional protection? Because it was insufficiently sensitive to the variety of justifications available, the majority in Parker v. District of Columbia (the D.C. Circuit case appealed in Heller) failed to identify the purposes of the Second Amendment. The passing comments it made were compatible with a large number of very different justifications. Second Amendment advocates have also been surprisingly muddled on the issue. This confusion has gone unnoticed because no one has, until now, offered a philosophically rigorous account of the justifications available and the important distinctions between them. Clarity about the value of private arms possession is essential for determining the scope of the Second Amendment under an individual right interpretation - a project that lower courts will be forced to undertake if Parker is affirmed. Courts commonly interpret the scope of a constitutional right in light of the interests the right protects. For this reason, they need a clear conception of why individuals have an interest in private arms possession. I offer this article as a first, but crucial, step toward answering this question. (shrink)
Frege’s celebrated distinction between judgments and their contents invites the Tractarian denigration of his assertion sign as merely indicating the holding or putting forth as true of a thought, for whatever its other merits the marking of such an event seems of little relevance to a thought’s inferential significance. However, in light of (a) Frege’s conception of a logically correct language serving inter alia as an organon for the acquisition or reconstruction of knowledge, and (b) his epistemic conception of inference, (...) it is argued that the sign of assertion is a device for distinguishing from all others those thoughts lying on the path of discovery. The drawing of such a distinction is then shown to be of inferential significance by elucidating Frege’s conception of inference as involving the acquisition or reconstruction of knowledge. Frege’s view of inference rules as codifying justificatory relations among judgments is then given an interpretation as making no undue use of psychological notions, and his denial that the assertion sign can have semantic content is shown to be mistaken but not in such a way as to frustrate the aim with which it is introduced. (shrink)
Purporting to show how Frege's contributions to philosophy of language and philosophical logic were developed with the aim of furthering his logicist programme, the author construes him as more systematic than is often recognized. Centrally, the notion of sense as espoused in Frege's monumental articles of the Nineties had only an ostensible justification as an account of the informativeness of a posteriori identity statements. In fact its rationale was to help articulate the thesis that arithmetical truth is analytic, since, it (...) is maintained, to sustain such a thesis the two sides of the identities at the heart of the logicist reconstruction must be shown to have the same sense. Yet the notion of sense required for the analyticity thesis was not, and could not have been, successfully deployed on behalf of Frege's logicism. For Frege also held that many arithmetical propositions, including, apparently, identities, are informative. But no proposition can be at once informative and analytic. Although systematic, Frege's work harbored a crucial internal tension. (shrink)
From the point of view of ethics, truthtelling is not a matter of speaking the truth but is rather a matter of speaking what one believes to be the truth. So too liars do not necessarily say what is false; they say what they believe to be false. Further, one can mislead without lying. An executive answering in the affirmative the question whether some employees are in excessive danger on the job will mislead if he knows that in fact most (...) employees are but does not say so. Yet he does not lie. Similarly there is no lie in an advertisement suggesting that those who use a certain product will win garner wealth and power. This article deals with the ethical and practical dimensions of truthtelling and lying only. (shrink)
The vast majority of photovoltaic (PV) solar cells produced to date have been based on silicon wafers, with this dominance likely to continue well into the future. The surge in manufacturing volume over the last decade has resulted in greatly decreased costs. Multiple companies are now well below the US$1 W−1 module manufacturing cost benchmark that was once regarded as the lowest possible with this technology. Despite these huge cost reductions, there is obvious scope for much more, as the polysilicon (...) source material becomes more competitively priced, the new ‘quasi-mono’ and related controlled crystallization directional solidification processes are brought fully online, the sizes of ingot produced this way increase, wafer slicing switches to much quicker diamond impregnated approaches and cell conversion efficiencies increase towards the 25 per cent level. This makes the US Government's ‘SunShot’ target of US$1 W−1 installed system cost by 2020 very achievable with silicon PVs. Paths to lower cost beyond this point are also explored. (shrink)
Though graphic narratives (or comics) now permeate popular culture, address every conceivable topic including illness and dying, and are used in educational settings from grade school through university, they have not typically been integrated into the medical school curriculum. This paper describes a popular and innovative course on comics and medicine for 4th-year medical students. In this course, students learn to critically read book length comics as well as create their own stories using the comics format. The rationale for the (...) course, its general content and format, and methods for teaching are described. Finally, the author offers some reflections on why this medium resonates so powerfully with medical student learners. (shrink)
Attitude change is a critical component of health behavior change, but has rarely been studied longitudinally following extensive exposures to persuasive materials such as full-length movies, books, or plays. We examined changes in attitudes related to food production and consumption in college students who had read Michael Pollan's book The Omnivore's Dilemma as part of a University-wide reading project. Composite attitudes towards organic foods, local produce, meat, and the quality of the American food supply, as well as opposition to government (...) subsidies, distrust in corporations, and commitment to the environmental movement were significantly and substantially impacted, in comparison to students who had not read the book. Much of the attitude change disappeared after one year; however, over the course of twelve months self-reported opposition to government subsidies and belief that the quality of the food supply is declining remained elevated in readers of the book, compared to non-readers. Findings have implications for our understanding of the nature of changes in attitudes to food and eating in response to extensive exposure to coherent and engaging messages targeting health behaviors. (shrink)
Discussions of the source of the Stroop interference effect continue to pervade the literature. Semantic competition posits that interference results from competing semantic activation of word and color dimensions of the stimulus prior to response selection. Response competition posits that interference results from competing responses for articulating the word dimension versus the color dimension at the time of response selection. We embedded Stroop stimuli into a delayed match-to-sample task in an attempt to test semantic and response competition accounts of the (...) interference effect. Participants viewed a sample color word in black or colored fonts that were congruent or incongruent with respect to the color word itself. After a 5s delay, participants were presented with two targets (i.e., a match and a foil) and were instructed to select the correct match. We probed each dimension independently during target presentations via color targets (i.e., two colors) or word targets (i.e., two words) and manipulated whether the semantic content of the foil was related to the semantic content of the irrelevant sample dimension (e.g., word sample “red” in blue font with the word “red” as the match and the word “blue” as the foil). We provide evidence for Stroop interference such that response times increased for incongruent trials even in the presence of a response option with semantic content unrelated to the semantic content of the irrelevant sample dimension. Accuracy also deteriorated during the related foil trials. A follow-up experiment with a 10s delay between sample and targets replicated the results. Results appear to provide converging evidence for Stroop interference in a delayed match-to-sample task in a manner that is consistent with an explanation based upon semantic competition and inconsistent with an explanation based upon response competition. (shrink)
Schizophrenia patients exhibit deficits on visual processing tasks, including visual backward masking, and these impairments are related to deficits in higher-level processes. In the current study we used electroencephalography techniques to examine successive stages and pathways of visual processing in a specialized masking paradigm, four-dot masking, which involves masking by object substitution. Seventy-six schizophrenia patients and 66 healthy controls had event-related potentials (ERPs) recorded during four-dot masking. Target visibility was manipulated by changing stimulus onset asynchrony (SOA) between the target and (...) mask, such that performance decreased with increasing SOA. Three SOAs were used: 0, 50, and 100 ms. The P100 and N100 perceptual ERPs were examined. Additionally, the visual awareness negativity (VAN) to correct vs. incorrect responses, an index of reentrant processing, was examined for SOAs 50 and 100 ms. Results showed that patients performed worse than controls on the behavioral task across all SOAs. The ERP results revealed that patients had significantly smaller P100 and N100 amplitudes, though there was no effect of SOA on either component in either group. In healthy controls, but not patients, N100 amplitude correlated significantly with behavioral performance at SOAs where masking occurred, such that higher accuracy correlated with a larger N100. Healthy controls, but not patients, exhibited a larger VAN to correct vs. incorrect responses. The results indicate that the N100 appears to be related to attentional effort in the task in controls, but not patients. Considering that the VAN is thought to reflect reentrant processing, one interpretation of the findings is that patients’ lack of VAN response and poorer performance may be related to dysfunctional reentrant processing. (shrink)
Although relatively neglected, Milton's three Latin poems for his school friend Charles Diodati are arguably amongst the most self-revelatory poems in the 1645 collection. As well as evidence of the strength of their literary friendship, each of these poems adumbrates aspects of Milton's vocational dilemma and provides an intriguing example of how Latin afforded Milton an imaginative freedom that he did not exercise when composing in English at this time. The disillusionment that clouded Milton's first impressions of Cambridge is voiced (...) feelingly in the wittily nuanced Elegia Prima, while Elegia Sexta, for all its affable and accommodating manner, also offers serious reflections on the conditions necessary to nurture poetic creativity, and captures what seems to be a pivotal moment in Milton's understanding of his own poetic vocation. Although both these verse-epistles are directed at Diodati as their immediate recipient, they enabled Milton to engage a European audience when recitations of his Latin verses won him acclaim in the Florentine academies. The Epitaphium Damonis, written after Milton's return from Italy, laments the death of Diodati, his first ?fit audience,? and celebrates the literary fellowship he had enjoyed in Florence. Separated from his school-friend by death and the Florentine literary community by the unbridgeable distance between them, the full force of his isolation found expression in a letter to Carlo Dati in which he described his feelings of inner exile. (shrink)
Problems surrounding representations of texts have previously been raised and discussed, as has the difficulty, in the light of hermeneutic, critical and post-structuralist writers, of arriving at definitive meanings of texts. This paper is part of ongoing research into the problem of evaluating the representation of original texts in the organisation/management area. The texts in question are Burns and Stalker’s The Management of Innovation 1961, 1966, and to alesser degree Lawrence and Lorsch’s Organization and Environment 1967. The representations are those (...) in three widely used textbooks typical of many, and applications in management accounting research. A way round this apparent impasse may be to see whether there are any ‘objective’ or commonly accepted standards and criteria within a particular system of thought, assuming that the texts in question are all located within the same system. These texts will beexplored in terms of the paradigmatic boundaries they encompass to see whether the same kinds of problems and solutions are presented, and whether they ultimately lie within the same boundaries. Finally, having argued that they are largely located in different paradigms, the underlying question is raised as to whether one paradigm can be an adequate vehicle for the transmission of a text substantially in another. (shrink)
In this essay reviewing Brian Leiter’s recent book Naturalizing Jurisprudence, I focus on two positions that distinguish Leiter’s reading of the American legal realists from those offered in the past. The first is his claim that the realists thought the law is only locally indeterminate – primarily in cases that are appealed. The second is his claim that they did not offer a prediction theory of law, but were instead committed to a standard positivist theory. Leiter’s reading is vulnerable, because (...) he fails to discuss in detail those passages from the realists that inspired past interpretations. My goal is to see how Leiter’s reading fares when these passages are considered. I argue that Leiter is right that the realists’ indeterminacy thesis has only a local scope. Those passages that appear to claim that the law is globally indeterminate actually address three other topics: judicial supremacy, judges’ roles as finders of fact, and the moral obligation to adjudicate as the law commands. With respect to the prediction theory, however, I conclude that Leiter’s position cannot be defended. Indeed the realists offered two “prediction” theories of law. According to the first, which is best described as a decision theory, the law concerning an event is whatever concrete judgment a court will issue when the event is litigated. According to the second, the law is reduced, not to concrete judgments, but to regularities of judicial (and other official) behavior in a jurisdiction. I end this essay with the suggestion that the realists’ advocacy of the second prediction theory indirectly vindicates Leiter’s reading of the realists as prescient jurisprudential naturalists. (shrink)
This articles gives an overview of the main themes and arguments of _Self-Expression_ (OUP,2007; paper, 2011), and responds to some recent publications in which that book is discussed. In the process of these responses, the article provides refinements and elaborations on some of the book's central claims.
G. E. Moore famously observed that to assert ‘I went to the pictures last Tuesday but I do not believe that I did’ would be ‘absurd’. Moore calls it a ‘paradox’ that this absurdity persists despite the fact that what I say about myself might be true. Krista Lawlor and John Perry have proposed an explanation of the absurdity that confines itself to semantic notions while eschewing pragmatic ones. We argue that this explanation faces four objections. We give a better (...) explanation of the absurdity both in assertion and in belief that avoids our four objections. (shrink)
I argue that it is possible literally to perceive the emotions of others. This account depends upon the possibility of perceiving a whole by perceiving one or more of its parts, and upon the view that emotions are complexes. After developing this account, I expound and reply to Rowland Stout's challenge to it. Stout is nevertheless sympathetic with the perceivability-of-emotions view. I thus scrutinize Stout's suggestion for a better defence of that view than I have provided, and offer a refinement (...) of my own proposal that incorporates some of his insights. (shrink)
Speech acts are a staple of everyday communicative life, but only became a topic of sustained investigation, at least in the English-speaking world, in the middle of the Twentieth Century. Since that time “speech act theory” has been influential not only within philosophy, but also in linguistics, psychology, legal theory, artificial intelligence, literary theory and many other scholarly disciplines. Recognition of the importance of speech acts has illuminated the ability of language to do other things than describe reality. In the (...) process the boundaries among the philosophy of language, the philosophy of action, the philosophy of mind and even ethics have become less sharp. In addition, an appreciation of speech acts has helped lay bare an implicit normative structure within linguistic practice, including even that part of this practice concerned with describing reality. Much recent research aims at an accurate characterization of this normative structure underlying linguistic practice. (shrink)
I reply to the main criticisms and suggestions for further clarification made by the contributors to this symposium on my book, Self-Expression . These replies are organized into the following sections: (1) What's in the name?, (2) Showing, expressing and indicating, (3) Expressing and signaling, (4) Perceiving emotions, (5) Voluntary/involuntary, (6) Expression and handicaps, (7) Expression and aesthetics, and (8) Looking ahead.
In the face of mounting criticism against advance directives, we describe how a novel, computer-based decision aid addresses some of these important concerns. This decision aid, Making Your Wishes Known: Planning Your Medical Future , translates an individual's values and goals into a meaningful advance directive that explicitly reflects their healthcare wishes and outlines a plan for how they wish to be treated. It does this by (1) educating users about advance care planning; (2) helping individuals identify, clarify, and prioritize (...) factors that influence their decision-making about future medical conditions; (3) explaining common end-of-life medical conditions and life-sustaining treatment; (4) helping users articulate a coherent set of wishes with regard to advance care planning—in the form of an advance directive readily interpretable by physicians; and (5) helping individuals both choose a spokesperson, and prepare to engage family, friends, and health care providers in discussions about advance care planning. (shrink)
This paper is concerned with the representation in academic journal articles and textbooks of an organisation theory. In the case of Burns’ and Stalker’s book The Management of Innovation (1961,1966), summaries of the text by other scholars have arguably differed from the original authors and among themselves in their emphases. Similar points have been made about representations of other theorists such as Kurt Lewin and, perhaps most famously, Adam Smith. They all raise issues about the meanings of texts and where (...) such meanings lie: with the author, the reader, the text itself or perhaps some combination of these. They also raise questions about whether texts can be shown to have definitive meanings; and if not, whether there are any criteria for adjudicating on the validity of varied interpretations.Representations by textbook writers are analysed and questions about the meaning of texts raised by ‘structuralist’ and ‘deconstructionist’ writers examined. Their writings beg certain questions about textual representations. Perhaps the most extreme of these views is Barthes’ concept of the ‘death of the author’. Like Barthes, Derrida argues, for the reasons mentioned above, that there is no underlying, final decipherable meaning in a text, but gives more credence to the role of the author, accepting the validity of the author’s consciousness and intentions as one of the sources of meaning in texts. There are also other sources: the situatedness and historical context of the text and the text itself.Derrida’s concept of ‘différance’ requires the reader to engage in an analysis of the text which offers limitless possibilities for interpretation and a renunciation of the certainty of truth, because the meaning of a text may extend beyond the limits of our knowledge at any one time. His notion of the ‘logic of supplementarity’ is a further means to analyse texts, as it also disprivileges obvious or overt meanings in texts by overturning hierarchy in oppositions and questioning univocal definitions of meaning.Questions inspired by these and other writers give rise to an exploration of who is speaking in the text; which subject matter is represented as central and which as marginal; binary oppositions within the text and intertextual connections. The paper then begins the more ambitious task of answering the broader question as to whether it can be shown that there are more and less ‘representative’ or ‘stronger’ interpretations of a text. (shrink)
Abstract: One oft-cited feature of speech acts is their expressive character: Assertion expresses belief, apology regret, promise intention. Yet expression, or at least sincere expression, is as I argue a form of showing: A sincere expression shows whatever is the state that is the sincerity condition of the expressive act. How, then, can a speech act show a speaker's state of thought or feeling? To answer this question I consider three varieties of showing, and argue that only one of them (...) is suited to help us answer our question. I also argue that concepts from the evolutionary biology of communication provide one source of insight into how speech acts enable one to show, and thereby express, a psychological state. (shrink)
In an article entitled ‘Dworkin's Fallacy, Or What the Philosophy of Language Can't Teach Us about the Law’, I argued that in Law's Empire Ronald Dworkin misderived his interpretive theory of law from an implicit interpretive theory of meaning, thereby committing ‘Dworkin's fallacy’. In his recent book, Justice in Robes, Dworkin denies that he committed the fallacy. As evidence he points to the fact that he considered three theories of law—‘conventionalism’, ‘pragmatism’ and ‘law as integrity’—in Law's Empire. Only the last (...) of these is interpretive, but each, he argues, is compatible with his interpretive theory of meaning, which he describes as the view that ‘the doctrinal concept of law is an interpretive concept’. In this Reply, I argue that Dworkin's argument that he does not commit Dworkin's fallacy is itself an example of the fallacy and that Dworkin's fallacy pervades Justice in Robes just as much as it did Law's Empire. (shrink)
Sometimes the fact that something is the law can be justified by the law. For example, the Sarbanes-Oxley Act is the law because it was enacted by Congress pursuant to the Commerce Clause. But eventually legal justification of law ends. The ultimate criteria of validity in a legal system cannot themselves be justified by law. According to H.L.A. Hart, justification of these ultimate criteria is still available, by reference to social facts concerning official acceptance - facts about what Hart calls (...) the "rule of recognition" for the system. -/- Drawing upon criticisms of sociological accounts of the law that can be found in the writings of Hans Kelsen, I argue in this essay that Hart's approach cannot account for statements about the law that assert the independence of legal validity from rule of recognition facts. I offer as an alternative a legal quietist approach, which can account for such statements. For the quietist, legal justification exhausts the possible justification for law. If our judgments about the law are fundamental, in the sense that they cannot be justified by other judgments about the law, then they have no justification (which is not to say that they should be abandoned). I argue that legal quietism is exemplified - if somewhat imperfectly - in Kelsen's writings, and I end the essay by exploring some difficulties that the quietist approach must face. (shrink)
This essay offers a constructive criticism of Part I of Davis’ Meaning, Expression and Thought. After a brief exposition, in Sect. 2, of the main points of the theory that will concern us, I raise a challenge in Sect. 3 for the characterization of expression that is so central to his program. I argue first of all that a sincere expression of a thought, feeling, or mood shows it. Yet attention to this fact reveals that it does not go without (...) saying how it is possible to show such things as thoughts, feelings or moods; we need an account of how this is possible, and I offer a partial such account in Sect. 4. Second, much of the attraction of Davis’ program depends on its ability to explain how linguistic meaning can be arrived at without covertly presupposing linguistic conventions. This in turn depends, in Davis’ hands, upon the claim that it is possible to express any of a wide range of ideas in the absence of conventions. I argue in Sect. 5 that the account of showing at which we will by then have arrived makes clear that Davis needs, and lacks, an explanation of how it is possible to do this. (shrink)
Earlier versions of this paper were presented at the University of Virginia and at Texas A&M University. I thank audiences at both institutions for their insightful comments. Special thanks to John Williams for his illuminating comments on an earlier draft. Research for this paper was supported in part by a Summer Grant from the Vice Provost for Research and Public Service at the University of Virginia. That support is here gratefully acknowledged.
Angle Grinder Man removes wheel locks from cars in London.1 He is something of a folk hero, saving drivers from enormous parking and towing ﬁ nes, and has succeeded thus far in eluding the authorities. In spite of his cape and lamé tights, he is no ﬁ ction; he’s a real person. By contrast, Pegasus, Zeus and the like are ﬁ ctions. None of them is real. In fact, not only is each of them different from the others, all differ (...) from Angle Grinder Man. After all, Zeus throws thunderbolts but doesn’t remove boots from cars; unlike Superman, Angle Grinder Man couldn’t leap over a parked Mini, and all sightings suggest that he is a human being, not a horse. According to the charmingly austere theory of Direct Reference, a proper name’s meaning is simply its referent.2 Two proper names with.. (shrink)
Angle Grinder Man removes wheel locks from cars in London.1 He is something of a folk hero, saving drivers from enormous parking and towing ﬁ nes, and has succeeded thus far in eluding the authorities. In spite of his cape and lamé tights, he is no ﬁ ction; he’s a real person. By contrast, Pegasus, Zeus and the like are ﬁ ctions. None of them is real. In fact, not only is each of them different from the others, all differ (...) from Angle Grinder Man. After all, Zeus throws thunderbolts but doesn’t remove boots from cars; unlike Superman, Angle Grinder Man couldn’t leap over a parked Mini, and all sightings suggest that he is a human being, not a horse. (shrink)
Mitchell S. Green presents a systematic philosophical study of self-expression - a pervasive phenomenon of the everyday life of humans and other species, which has received scant attention in its own right. He explores the ways in which self-expression reveals our states of thought, feeling, and experience, and he defends striking new theses concerning a wide range of fascinating topics: our ability to perceive emotion in others, artistic expression, empathy, expressive language, meaning, facial expression, and speech acts. He draws on (...) insights from evolutionary game theory, ethology, the philosophy of language, social psychology, pragmatics, aesthetics, and neuroscience to present a stimulating and accessible interdisciplinary work. (shrink)
G. E. Moore observed that to assert, 'I went to the pictures last Tuesday but I don't believe that I did' would be 'absurd'. Over half a century later, such sayings continue to perplex philosophers. In the definitive treatment of the famous paradox, Green and Williams explain its history and relevance and present new essays by leading thinkers in the area.