On September 15, 2003, the US. Court of Appeals for the Eleventh Circuit held that agreements between pharmaceutical and generic companies not to compete are not per se unlawful if these agreements do not expand the existing exclusionary right of a patent. The Valley DrugCo.v.Geneva Pharmaceuticals decision emphasizes that the nature of a patent gives the patent holder exclusive rights, and if an agreement merely confirms that exclusivity, then it is not per se unlawful. With this holding, the appeals court (...) reversed the decision of the trial court, which held that agreements under which competitors are paid to stay out of the market are per se violations of the antitrust laws. An examination of the Valley Drugtrial and appeals court decisions sheds light on the two sides of an emerging legal debate concerning the validity of pay-not-to-compete agreements, and more broadly, on the appropriate balance between the seemingly competing interests of patent and antitrust laws. (shrink)

Bien des difficultés que nous éprouvons à comprendre les oeuvres philosophiques des Anciens proviennent souvent du fait que nous commmettons en les interprétant un double anachronisme: nous croyons que, comme beaucoup d'oeuvres modernes, elles sont destinées à communiquer des informations concernant un contenu conceptuel donné et que nous pouvons aussi en tirer directement des renseignements clairs sur la pensée et la psychologie de leur auteur. Mais en fait, elles sont très souvent des exercices spirituels que l'auteur pratique lui-même et fait (...) pratiquer à son lecteur. Elles sont destinées à former les âmes. Elles ont une valeur psychagogique. (shrink)

In traditional epistemology, psychological self-knowledge is taken to be the paradigm of privleged a priori knowledge. According to an influential incompatibilist line of thought, traditional epistemic features attributed to psychological self-knowledge are supposed to be inconsistent with content externalism. In this paper, I examine one prominent compatibilist response by an advocate of content externalism, i.e., Fred Dretske's answer tot he incompatibilist argument, based on the model of displaced perceptual knowledge. I discuss the costs and benefits of his answer.

Pierre Bourdieu is arguably one of the twentieth century’s greatest socio-philosophical thinkers and his writings have much to offer anyone interested in the ways that people value, consume and produce architecture. Bourdieu spent much of his life attempting to understand cultural consumption and production through detailed empirical research that included studies of dwellings, art, museums, photography and aesthetics. This book introduces the architectural reader to Bourdieu’s key writings on culture and outlines the ways in which they offer powerful practical (...) tools and novel conceptual frameworks for understanding architectural value, taste, and practice. (shrink)

Synthesizing forty years' work by France's leading sociologist, this book exemplifies Bourdieu's unique ability to link sociological theory, historical information, and philosophical thought. It makes explicit the presuppositions of a state of 'scholasticism', a certain leisure liberated from the urgencies of the world. Philosophers have brought these presuppositions into the order of discourse, more to legitimate than analyze them, and this is the primary systematic, epistemological, ethical, and aesthetic error that Bourdieu subjects to methodological critique. Pascalian because he, too, was (...) concerned with symbolic power, he refused the temptation of foundationalist thinking, attended to 'ordinary people', and was determined to seek the reason for seemingly illogical behavior rather than simply condemning it. Bourdieu charts a negative philosophy, whose intellectual debt to such other 'heretical' philosophers as Wittgenstein, Austin, Dewey, and Peirce, renews traditional questioning of concepts of violence, power, time, history, the universal, and the purpose and direction of existence. (shrink)

The authors develop an analysis of education. They show how education carries an essentially arbitrary cultural scheme which is actually based on power. More widely, the reproduction of culture through education is shown to play a key part in the reproduction of the whole social system.

Cambrai, Bibl. munic. 940, ff. 1-59 [integralement reproduit]--Bibl. Vatic. Reg. Lat. 689 A, ff. 334-353.--Bibl. Vatic. Reg. Lat. 1653, ff, 1v-2v (feuilles de garde), ff. 3r, 29r-35r.--Pièces justificatives.

According to an influential view, one function of mirror neurons (MNs), first discovered in the brain of monkeys, is to underlie third‐person mindreading. This view relies on two assumptions: the activity of MNs in an observer’s brain matches (simulates or resonates with) that of MNs in an agent’s brain and this resonance process retrodictively generates a representation of the agent’s intention from a perception of her movement. In this paper, I criticize both assumptions and I argue instead that the activity (...) of MNs in an observer’s brain is enhanced by a prior representation of the agent’s intention and that their task is to predictively compute the best motor command suitable to satisfy the agent’s intention. (shrink)

Martin Heidegger's overt alliance with the Nazis and the specific relation between this alliance and his philosophical thought--the degree to which his concepts are linked to a thoroughly disreputable set of political beliefs--have been the topic of a storm of recent debate. Written ten years before this debate, this study by France's leading sociologist and cultural theorist is both a precursor of that debate and an analysis of the institutional mechanisms involved in the production of philosophical discourse. Though Heidegger is (...) aware of and acknowledges the legitimacy of purely philosophical issues, Bourdieu points out that the complexity and abstraction of Heidegger's philosophical discourse stems from its situation in the cultural field, where two social and intellectual dimensions--political thought and academic thought--intersect. Bourdieu concludes by suggesting that Heidegger should not be considered as a Nazi ideologist, that there is no place in Heidegger's philosophical ideas for a racist conception of the human being. Rather, he sees Heidegger's thought as a structural equivalent in the field of philosophy of the "conservative revolution," of which Nazism is but one manifestation. (shrink)

Are there any advantages to thinking and speaking about ethical business in the language of citizenship? We will address this question in part by looking at the possible relevance of a vast literature on individual citizenship that has been produced by political philosophers over the last fifteen years. Some of the central elements of citizenship do not seem to apply straightforwardly to corporations. E.g., “citizenship” typically implies membership in a state and an identity akinto national identity; but this connotation of (...) citizenship is obviously problematic for multinational corporations. However, the language of citizenship does help to focus our attention on various legal and political virtues for corporations—topics that have been largely neglected by discussions under other rubrics, such as CSR or sustainability. We finish with an evaluation of the potential benefits and costs of conceptualizing and talking about ethical business practices in thelanguage of citizenship.“Citizen” and “Citizenship” are powerful words. They speak of respect, of rights, of dignity.... We find no perjorative uses. It is a weighty, monumental, humanist word.—Fraser and Gordon 1994: 90[The rhetorical appeal to citizenship often] seems to have no purpose other than to add normative weight to a policy, institution or practice that could just asaptly be described without reference to citizenship.—Weinstock 2002: 244. (shrink)

In Kant and the Demands of Self-Consciousness, Pierre Keller examines Kant's theory of self-consciousness and argues that it succeeds in explaining how both subjective and objective experience are possible. Previous interpretations of Kant's theory have held that he treats all self-consciousness as knowledge of objective states of affairs, and also that self-consciousness can be interpreted as knowledge of personal identity. By developing this striking new interpretation Keller is able to argue that transcendental self-consciousness underwrites a general theory of objectivity (...) and subjectivity at the same time. (shrink)

We study one way in which stable phenomena can exist in an NIP theory. We start by defining a notion of ‘pure instability’ that we call ‘distality’ in which no such phenomenon occurs. O-minimal theories and the p-adics for example are distal. Next, we try to understand what happens when distality fails. Given a type p over a sufficiently saturated model, we extract, in some sense, the stable part of p and define a notion of stable independence which is implied (...) by non-forking and has bounded weight. (shrink)