In Philosophy Without Intuitions Herman Cappelen argues that unlike what is commonly thought, contemporary analytic philosophers do not typically rely on intuitions as evidence. If they do indeed rely on intuitions, that should be evident from their written works, either explicitly in the form of ‘intuition’ talk or by means of other indicators. However, Cappelen argues, while philosophers do engage in ‘intuition’ talk, that is not a good indicator that they rely on intuitions, as ‘intuition’ and its cognates have many (...) meanings that are irrelevant to this particular question. He identifies three other indicators and argues by appeal to case studies that these indicators are not present. I argue here that an account of intuitions as intellectual seemings draws attention to intuition features that Cappelen does not consider. These intuition features appear to be regularly present in the works of contemporary analytic philosophers. (shrink)
In this paper, I argue that appeals to intuition are weak arguments because intellectual intuition is an unreliable belief-forming process, since it yields incompatible verdicts in response to the same cases, and since the inference from 'It seems to S that p' to 'p' is unreliable. Since the reliability of intellectual intuition is a necessary condition for strong appeals to intuition, it follows that appeals to intuition are weak arguments.
In this paper, I argue that the method of cases (namely, the method of using intuitive judgments elicited by intuition pumps as evidence for and/or against philosophical theories) is not a reliable method of generating evidence for and/or against philosophical theories. In other words, the method of cases is unlikely to generate accurate judgments more often than not. This is so because, if perception and intuition are analogous in epistemically relevant respects, then using intuition pumps to elicit intuitive judgments is (...) like using illusions to elicit perceptual judgments. In both cases, judgments are made under bad epistemic circumstances. (shrink)
Historians of philosophy are increasingly likely to emphasize the extent to which their work offers a pay-off for philosophers of un-historical or anti-historical inclinations; but this defence is less familiar, and often seems less than self-evident, to intellectual historians. This article examines this tendency, arguing that such arguments for the instrumental value of historical scholarship in philosophy are often more problematic than they at first appear. Using the relatively familiar case study of René Descartes' reading of his scholastic and (...) Aristotelian contemporaries, the article attempts to problematize this notion of pay-off from an historian's perspective. (shrink)
Certain representations are bound in a special way to our sensory capacities. Many pictures show things as looking certain ways, for instance, while auditory mental images show things as sounding certain ways. What do all those distinctively sensory representations have in common, and what makes them different from representations of other kinds? Dominic Gregory argues that they are alike in having meanings of a certain special type. He employs a host of novel ideas relating to kinds of perceptual states, sensory (...) perspectives, and sensory varieties of meaning to provide a detailed account of the special nature of the contents which belong to distinctively sensory representations. The resulting theory is then used to shed light on a wide range of intellectual issues. Some of the topics addressed in Showing, Sensing, and Seeming relate to distinctively sensory representations in general, but many of them concern distinctively sensory representations of more specific kinds. The book contains detailed philosophical examinations of sensory mental imagery and pictures, for instance, and of memory, photography, and analogous nonvisual phenomena. (shrink)
The half-century, which is the time that has elapsed since the publication of Wretched of the Earth , seems such a short period when one imagines its author in all his intellectual magnificence, his anguish, and the many details we all know of his short-lived reality. Dare one say, after the concept has long been declared “dead” that we imagine him as having been a live “author”? As I write this, the idea of various notable intellectuals and revolutionary movements (...) could come to mind in order for them to serve as interesting comparisons as we discuss and remember Fanon, his analyses of the colonial aftermath, and his many predictions, both explicit and implicit. However, the “death” of the author is, in fact, as Barthes’ polemical essay showed, a premise that empowers the text in its full potentiality well beyond the deism by which the identity of the author becomes the authority. Here, the liberation of the text joins up the enunciation with its “content” so to speak, or in Barthes’ words, reveals how Fanon “made of his very life a work for which his book was a model.” It is from this idea that I wish to see Fanon as incomparable. The reason to do so does not stem from some esoteric form of admiration, but rather a conviction that Fanon’s narration itself is both indicative and exemplary of a process of thinking that, for me, remains unparalleled in theorizing the role of the intellectual. Such a conviction requires us to read beyond the content of Wretched and be “reborn” in the Barthesian sense as readers. In essence, it is to simply follow the way Fanon himself allows us to actually trace how he dreams of “the native” or “the people” and thus accomplishes an affective leap, arguably, more completely than any other intellectual. This reading is, thus, an invitation to dream – even momentarily – of Fanon. (shrink)
The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, such (...) as an individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)
The existence of a Catholic Intellectual Tradition (CIT) is not a given, as arguments contra are in balance with arguments pro. An intellectual tradition consists of a style of thought and of a worldview, as its formal and material modes. The former defines the way knowledge is appropriated, processed, and passed on whereas the latter amounts to its applications to various regions of reality – God, man, morality, society, the Church, etc. A model of the CIT is proposed (...) that consists of principles differentiated by the degree of centrality they have in a topological structure. The paper asserts the existence of a CIT because a non-stipulative, non-trivial, and non-circular case can be made for it. (shrink)
This paper uses two recentworks as a springboard for discussing theproper contours of intellectual propertyprotection. Professor Lessig devotes much ofThe Future of Ideas to demonstrating howthe expanding scope of intellectual propertyprotection threatens the Internet as aninnovation commons. Similarly, ProfessorLitman''s message in Digital Copyright isthat copyright law is both too complicated andtoo restrictive. Both authors contend that asa result of overprotecting individual rights,creativity is stifled and the vitality of theintellectual commons is in jeopardy. It isdifficult to evaluate the claims (...) and policyprescriptions of these books without someappreciation for the moral foundations ofintellectual property. The utility and labordesert theories remain the two most prominentin the Anglo-American tradition. Afterexploring those theories, we argue for a secureregime of protection based on the Lockeanvision that property rights are justly deservedas a reward for labor that creates value. However, as Locke''s famous proviso implies,even a natural property right is not absoluteand must be balanced by regard for the publicdomain. But a natural right cannot besacrificed simply to advance technologicalinnovation or to achieve marginal social andeconomic gains. While we agree with Lessig andLitman that recent legislation goes too far weconclude the essay by attempting to illustratethat some of their policy recommendations errin the opposite direction by underprotectingvalid property rights. (shrink)
This essay reviews six different approaches to intellectual property. It and argues that none of these accounts provide an adequate justification of intellectual property laws and policies because (1) there are many different types of intellectual property, and (2) a variety of incommensurable values play a role in the justification of intellectual property. The best approach to intellectual property is to assess and balance competing moral values in light of the particular facts and circumstances.
For forty years I have argued that we urgently need to bring about a revolution in academia so that the basic task becomes to seek and promote wisdom. How did I come to argue for such a preposterously gigantic intellectual revolution? It goes back to my childhood. From an early age, I desired passionately to understand the physical universe. Then, around adolescence, my passion became to understand the heart and soul of people via the novel. But I never discovered (...) how to tell stories in order to tell the truth. So, having failed to become a physicist, and failed to become a novelist, I studied philosophy at Manchester University and then, in six weeks of inspiration, discovered that the riddle of the universe is the riddle of our desires. Philosophy should be about how to live, and should not just do conceptual analysis. I struggled to reconcile the two worlds of my childhood ambitions, the physical universe and the human world. I decided they could be reconciled with one another if one regarded the two accounts of them, physics and common sense, as myths, and not as literal truths. But then I discovered Karl Popper: truth is too important to be discarded. I revised my ideas: physics seeks to depict truly only an aspect of all that there is; in addition, there is the aspect of the experiential features of the world as we experience it. I was immensely impressed with Popper’s view that science makes progress, not by verification, but by ferocious attempted falsification of theories. I was impressed, too, with his generalization of this view to form critical rationalism. Then it dawned on me: Popper’s view of science is untenable because it misrepresents the basic aim of science. This is not truth as such; rather it is explanatory truth – truth presupposed to be unified or physically comprehensible. We need, I realized, a new conception of science, called by me aim-oriented empiricism, which acknowledges the real, problematic aims of science, and seeks to improve them. Then, treading along a path parallel to Popper’s, I realized that aim-oriented empiricism can be generalized to form a new conception of rationality, aim-oriented rationality, with implications for all that we do. This led on to a new conception of academic inquiry. From the Enlightenment we have inherited the view that academia, in order to help promote human welfare, must first acquire knowledge. But this is profoundly and damagingly irrational. If academia really does seek to help promote human welfare, then its primary tasks must be to articulate problems of living, and propose and critically assess possible solutions – possible actions, policies, political programmes, philosophies of life. The pursuit of knowledge is secondary. Academia needs to promote cooperatively rational problem solving in the social world, and needs to help humanity improve individual and institutional aims by exploiting aim-oriented rationality, arrived at by generalizing the real progress-achieving methods of science. We might, as a result, get into life some of the progressive success that is such a marked feature of science. Thus began my campaign to promote awareness of the urgent need for a new kind of academic inquiry rationally devoted to helping humanity create a wiser world. (shrink)
This paper examines the question whether, and to what extent, John Locke’s classic theory of property can be applied to the current debate involving intellectual property rights (IPRs) and the information commons. Organized into four main sections, Section 1 includes a brief exposition of Locke’s arguments for the just appropriation of physical objects and tangible property. In Section 2, I consider some challenges involved in extending Locke’s labor theory of property to the debate about IPRs and digital information. In (...) Section 3, it is argued that even if the labor analogy breaks down, we should not necessarily infer that Locke’s theory has no relevance for the contemporary debate involving IPRs and the information commons. Alternatively, I argue that much of what Locke has to say about the kinds of considerations that ought to be accorded to the physical commons when appropriating objects from it – especially his proviso requiring that “enough and as good” be left for others – can also be applied to appropriations involving the information commons. Based on my reading of Locke’s proviso, I further argue that Locke would presume in favor of the information commons when competing interests (involving the rights of individual appropriators and the preservation of the commons) are at stake. In this sense, I believe that Locke offers us an adjudicative principle for evaluating the claims advanced by rival interests in the contemporary debate about IPRs and the information commons. In Section 4, I apply Locke’s proviso in my analysis of two recent copyright laws: the Copyright Term Extension Act (CTEA), and the Digital Millennium Copyright Act (DMCA). I then argue that both laws violate the spirit of Locke’s proviso because they unfairly restrict the access that ordinary individuals have previously had to resources that comprise the information commons. Noting that Locke would not altogether reject copyright protection for IPRs, I conclude that Locke’s classic property theory provides a useful mechanism for adjudicating between claims about how best to ensure that individuals will be able to continue to access information in digitized form, while at the same time also allowing for that information to enjoy some form of legal protection. (shrink)
This paper argues that intellectual property rights are incompatible with Rawls’s principles of justice. This conclusion is based upon an analysis of the social stratification that emerges as a result of the patent mechanism which defines a marginalized group and ensure that its members remain alienated from the rights, benefits, and freedoms afforded by the patent product. This stratification is further complicated, so I argue, by the copyright mechanism that restricts and redistributes those rights already distributed by means of (...) the patent mechanism. I argue that the positions of privilege established through both the patent and the copyright mechanisms are positions that do not “allow the most extensive liberty compatible with a like liberty for all.” They do not “benefit the least advantaged.” Nor are they “open to all under conditions of fair equality of opportunity.” In making this argument I critically assess the utilitarian defense of intellectual property rights and find it insufficient to respond to the injustices manifest in our current arrangement for the protection of intellectual property rights. (shrink)
This dissertation is an analysis of the development of dialectic and argumentation theory in post-classical Islamic intellectual history. The central concerns of the thesis are; treatises on the theoretical understanding of the concept of dialectic and argumentation theory, and how, in practice, the concept of dialectic, as expressed in the Greek classical tradition, was received and used by five communities in the Islamic intellectual camp. It shows how dialectic as an argumentative discourse diffused into five communities (theologicians, poets, (...) grammarians, philosophers and jurists) and how these local dialectics that the individual communities developed fused into a single system to form a general argumentation theory (adab al-bahth) applicable to all fields. I evaluate a treatise by Shams al-Din Samarqandi (d.702/1302), the founder of this general theory, and the treatises that were written after him as a result of his work. I concentrate specifically on work by 'Ad}ud al-Din al-Iji (d.756/1355), Sayyid Sharif al-Jurjani (d.816/1413), Taşköprüzâde (d.968/1561), Saçaklızâde (d.1150/1737) and Gelenbevî (d.1205/1791) and analyze how each writer (from Samarqandi to Gelenbevî) altered the shape of argumentative discourse and how later intellectuals in the post-classical Islamic world responded to that discourse bequeathed by their predecessors. What is striking about the period that this dissertation investigates (from 1300-1800) is the persistence of what could be called the linguistic turn in argumentation theory. After a centuries-long run, the jadal-based dialectic of the classical period was displaced by a new argumentation theory, which was dominantly linguistic in character. This linguistic turn in argumentation dates from the final quarter of the fourteenth century in Iji's impressively prescient work on 'ilm al-wad'. This idea, which finally surfaced in the post-classical period, that argumentation is about definition and that, therefore, defining is the business of language—even perhaps, that language is the only available medium for understanding and being understood—affected the way that argumentation theory was processed throughout most of the period in question.The argumentative discourse that started with Ibn al-Rawandi in the third/ninth century left a permanent imprint on Islamic intellectual history, which was then full of concepts, terminology and objectives from this discourse up until the late nineteenth century. From this perspective, Islamic intellectual history can be read as the tension between two languages: the "language of dialectic" (jadal) and the "language of demonstration" (burhan), each of which refer not only to a significant feature of that history, but also to a feature that could dramatically alter the interpretation of that history. (shrink)
No research explored intellectual capital about green innovation or environmental management. This study wanted to fill this research gap, and proposed a novel construct – green intellectual capital – to explore the positive relationship between green intellectual capital and competitive advantages of firms. The empirical results of this study showed that the three types of green intellectual capital – green human capital, green structural capital, and green relational capital – had positive effects on competitive advantages of (...) firms. Moreover, this study found that green relational capital was the most common among these three types of green intellectual capital, and the three types of green intellectual capital of Medium & Small Enterprises (SMEs) were all significantly less than those of large enterprises in the information and electronics industry in Taiwan. In sum, companies investing many resources and efforts in green intellectual capital could not only meet the trends of strict international environmental regulations and popular environmental consciousness of consumers, but also eventually obtain corporate competitive advantages. (shrink)
No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment (...) of zones of autonomy. Such commitments have clear applications pertaining to the use and ownership of created ideas. I argue that each of these commitments require intellectual property rights to be substantially limited in scope, strength and duration. In this way the core mechanisms of natural rights thinking ensure a robust public domain and categorically rule out strong intellectual property rights. (shrink)
The common discourse on intellectual property rights rests mainly on utilitarian ground, with implications on the question of justice as well as moral significance. It runs like this: Intellectual property rights are to reward the originators for his/her intellectual labour mainly in monetary terms, thereby providing incentives for originators to engage in future innovative labouring. Without such incentives, few, if not none, will engage in creative activities and the whole human community will, thereby, suffer because of reduced (...) inventions. However, such utilitarian argument on piracy as de-motivation may not be necessarily justified. In fact, intellectual property arrangement is one among different institutions concerning how the society may handle new ideas and creative works. In reality, private ownership over one's intellectual product is merely a modern western concept that is being ' advertised' as being normative, which, by itself, is highly debatable. Alarming still, such normative argument assumes both justness and moral dimensions. This article will analyse whether such argument is philosophically sound. (shrink)
In this paper, we critique the emergent international normative framework of growth – the knowledge economy. We point out that the standardized character of knowledge economy's flagship – intellectual property rights (IPRs) – has an adverse impact on women in emerging economies, such as India. Conversely, this impact on women, a significant consumer segment, has a feedback effect in terms of market growth. Conceptually, we analyze the consequences of knowledge economy and standardized IPR through a feminist lens. We extend (...) the analyses by pointing to various contradictions surrounding growth norms; for example, there are inherent contradictions between established "formal" legalistic interpretation ofIPR, "soft law" norms of corporate social responsibility, a fluid situation of moral claims of human rights, and different institutional capabilities at the international and domestic level. Consequently, we are able to demonstrate how standard IPR laws fail to deliver equity for all. We argue our case through exploring the growth aspects of the agricultural sector in India and the adverse impact of standard biopatenting on women farmers' rights (as producers and consumers) and preservation of environment. We suggest that desired gendered equity is better achieved when there is a constellation of actors – private–sector business, the state, and civil-society leaders – working together to ensure a balanced development through tailoring of IPR to local needs. (shrink)
In this paper we begin with a reference to the work of Hernando de Soto The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, and his characterization of the Western institution of formal property . We note the linkages that he sees between the institution and successful capitalist enterprise. Therefore, given the appropriateness of his analysis, it would appear to be worthwhile for developing and less developed countries to adjust their systems of ownership to conform (...) more closely to the Western system of formal property. However, we go on to point out that property relationships within the Western system have become subject to redefinition through the expansion of Intellectual Property (IP) rights in ways that ultimately work to the disadvantage of the developing and less developed countries. We point out that this restructuring has been given global application through the implementation of the TRIPS agreement by the WTO. In the final section of the paper I suggest ways in which IP rights and relevant institutions can be reformed in order to avoid the disadvantages to the developing and less developed countries. (shrink)
In this volume, fourteen philosophers, economists and legal scholars and one computer scientist address various facets of the same question: under which conditions (if any) can intellectual property rights be fair? This general question unfolds in a variety of others: What are the parallels and differences between intellectual and real property? Are libertarian theories especially sympathetic to IP rights? Should Rawlsian support copyright? How can a concern for incentives be taken into account by each of the main theories (...) of justice? What's exactly wrong with free-riding, when dealing with non-rival goods? This requires a close examination of a variety of specific issues such as peer-to-peer file sharing, access to vital medicines, the interaction between copyright and freedom of expression, patents on genes, etc. It also involves bringing together state-of-the-art knowledge on legal, economic and technical issues with the most advanced state of our normative theories. (shrink)
In this paper, we examine some ethical implications of a controversial court decision in the United States involving Verizon (an Internet Service Provider or ISP) and the Recording Industry Association of America (RIAA). In particular, we analyze the impacts this decision has for personal privacy and intellectual property. We begin with a brief description of the controversies and rulings in this case. This is followed by a look at some of the challenges that peer-to-peer (P2P) systems, used to share (...) digital information, pose for our legal and moral systems. We then examine the concept of privacy to better understand how the privacy of Internet users participating in P2P file-sharing practices is threatened under certain interpretations of the Digital Millennium Copyright Act (DMCA) in the United States. In particular, we examine the implications of this act for a new form of “panoptic surveillance” that can be carried out by organizations such as the RIAA. We next consider the tension between privacy and property-right interests that emerges in the Verizon case, and we examine a model proposed by Jessica Litman for distributing information over the Internet in a way that respects both privacy and property rights. We conclude by arguing that in the Verizon case, we should presume in favor of privacy as the default position, and we defend the view that a presumption should be made in favor of sharing (rather than hoarding) digital information. We also conclude that in the Verizon case, a presumption in favor of property would have undesirable effects and would further legitimize the commodification of digital information – a recent trend that is reinforced by certain interpretations of the DMCA on the part of lawmakers and by aggressive tactics used by the RIAA. (shrink)
According to the extended knowledge account of assertion, we should only assert and act on what we know. Call this the ‘Knowledge Norm’. Because moral and prudential rules prohibit morally and prudentially unacceptable actions and assertions, they can, familiarly, override the Knowledge Norm. This, however, raises the question of whether other epistemic norms, too, can override the Knowledge Norm. The present paper offers an affirmative answer to this question and then argues that the Knowledge Norm is derived from a more (...) fundamental norm that demands that we do not hinder intellectual flourishing. As the fundamental epistemic norm can come into conflict with the Knowledge Norm, it is sometimes permissible to assert and act on what we don't know. The paper concludes with a discussion of the consequences of this insight for the extended knowledge account of assertion. (shrink)
The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individual's right to intellectual property, based upon its conformation with Lockean notions of property and Nozick's ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, such (...) as an individual's right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)
Western attempts to obtain Chinese compliance with intellectual property rights have a long history of failure. Most discussions of the problem focus on either legal comparisons or explanations arising from levels of economic development (based primarily on the example of U.S. disregard for such rights during the 18th and 19th centuries). After decades of heated negotiation, intellectual property rights is still one of the major issues of misunderstanding between the West and the various Chinese political entities. This paper (...) examines the sources of this problem from the standpoint of traditional Chinese social and political philosophy (specifically Neo-Confucianism). It points out that the basic assumptions about the nature of intellectual property, which arose during the 17th and 18th centuries in Europe, are fundamentally at odds with the traditional Chinese view of the role of intellectuals in society. It suggests that policies which do not take these differences into account, but which attempt to transfer Western legal concepts without the underlying social constructs are responsible for much of the lack of success in the area of intellectual property rights. (shrink)
Is there not any place in the history of ideas for the imperfect character of human doings (i.e. capability of error) that is repeated for so long until we lately start to think that it had long been wrong? The answer is: In the conventional histories of ideas there is almost none. The importance of the phenomenon,however, is immense. Intellectual history is full of errors. Scholarly errors are among the factors that generate intellectual pathways in which consequences of (...) historical small events feed back up on each other positively and give rise to historical pathologies in the end. Pathways hold the intellectuals dependent on the consequences of errors which interact upon each other and prevent resulting pathologies to disappear fully. As a result, ideas do not converge to a level of perfection. Evolutionary account of errors suggests that errors in the history of ideas matter even though they are often corrected. (shrink)
How do ideas evolve? Can one speak of scientific progress when there is more than one pathway of intellectual evolution in which different ideas emerge and flow in different directions? Is the history of economic analysis a compilation of a number of intellectual pathways? This essay argues that it is possible to understand the course of history as a number of overlapping, divergent, and endlessly changing pathways. Such pathways operate in different fashions. They sometimes lead to more coherent (...) and high levels of understanding. And sometimes they delay or obstruct advancement in intellectual history. In both cases, outcomes are unpredictable and multi-directional. (shrink)
1. The Place of Intellectual Life: The University -- The University as an Institutional Solution to the Problem of Knowledge -- The Alienability of Knowledge in Our So-called Knowledge Society -- The Knowledge Society as Capitalism of the Third Order -- Will the University Survive the Era of Knowledge Management? -- Postmodernism as an Anti-university Movement -- Regaining the University's Critical Edge by Historicizing the Curriculum -- Affirmative Action as a Strategy for Redressing the Balance Between Research and Teaching (...) -- Academics Rediscover Their Soul: The Rebirth of Academic Freedom' -- 2. The Stuff of Intellectual Life: Philosophy -- Epistemology as 'Always Already' Social Epistemology -- From Social Epistemology to the Sociology of Philosophy: The Codification of Professional Prejudices? -- Interlude: Seeds of an Alternative Sociology of Philosophy -- Prolegomena to a Critical Sociology of Twentieth-century Anglophone Philosophy -- Analytic Philosophy's Ambivalence Toward the Empirical Sciences -- Professionalism as Differentiating American and British Philosophy -- Conclusion: Anglophone Philosophy as a Victim of Its Own Success -- 3. The People of Intellectual Life: Intellectuals -- Can Intellectuals Survive if the Academy Is a No-fool Zone? -- How Intellectuals Became an Endangered Species in Our Times: The Trail of Psychologism -- A Genealogy of Anti-intellectualism: From Invisible Hand to Social Contagion -- Re-defining the Intellectual as an Agent of Distributive Justice -- The Critique of Intellectuals in a Time of Pragmatist Captivity -- Pierre Bourdieu: The Academic Sociologist as Public Intellectual -- 4. The Improvisational Nature of Intellectual Life -- Academics Caught Between Plagiarism and Bullshit -- Bullshit: A Disease Whose Cure Is Always Worse -- The Scientific Method as a Search for the (Piled) Higher (and Deeper) Bullshit -- Conclusion: How to Improvize on the World-historic Stage -- Summary of the Argument. (shrink)
Force Fields collects the recent essays of Martin Jay, an intellectual historian and cultural critic internationally known for his extensive work on the history of Western Marxism and the intellectual migration from Germany to America.
Part one of this paper considers the question of property rights in general and asks how such rights can be justified, contrasting Consequentialist with other approaches and concludes that it is impossible to avoid a broadly Consequentialist approach. Part two considers the question of intellectual property (IP) and asks how property rights justifications apply to it. The basic economics if IP is indispensable in this discussion. Finally, part three, considers IP in the light of modern technological developments. I conclude (...) that the real dangers lie more in the specific ways government and special interests respond to this technology than from the nature of IP rights themselves. (shrink)
This article helps to clarify and articulate the ideological, legal, and ethical attitudes regarding software as intellectual property (IP). Computer software can be viewed as IP from both ethical and legal perspectives. The size and growth of the software industry suggest that large profits are possible through the development and sale of software. The rapid growth of the open source movement, fueled by the development of the Linux operating system, suggests another model is possible. The large number of unauthorized (...) copies of software programs suggests that many people do not believe in laws regarding software copyright. There are many and varied views of software as IP, even within the information systems (IS) profession. In this article, four distinct subgroups of IS professionals are identified. The article describes the four subgroups and their respective ideological views on software ownership; it explores the subgroups' attitudes regarding software laws; and finally, it explains the ethical positions embraced by each subgroup. (shrink)
Discussions of name (ming, ?) during the pre-Qin and Qin-Han period of Chinese history were very active. The concept ming at that time can be divided into two categories, one is the ethical-political meaning of the term and the other is the linguistic-logical understanding. The former far exceeds the latter in terms of overall influence on the development of Chinese intellectual history. But it is the latter that has received the most attention in the 20th century, due to the (...) influence of Western logic. This has led to the result of a bias in the contemporary studies of ming. Changing course by returning to the correct path of intellectual history can providing an objective and thorough ordering of the pre-Qin discourse on ming. (shrink)
Concern about the commercialization of research is rising, notably in testing new drugs. The problem involves oversimplified, polarizing assumptions about research and development (R&D) and intellectual property (IP). To address this problem this paper sets forth a more complex three phase RT&D process, involving Scientific Research (R), Technological Innovation (T), and Commercial Product Development (D) or the RT&D process. Scientific research and innovation testing involve costly intellectual work and do not produce free goods, but rather require IP regulation. (...) RT&D processes involve an unrecognized IP shift from a common IP right in public goods like information and knowledge to private IP in products and other hard assets. The question then is, what kind of IP right: private or common? Since scientific research and innovation testing require openness about adverse findings, and wide, low cost diffusion of results, they require a common, inclusive IP right. Common IP is appropriate to both sharing knowledge goods and recovering the cost of production. Research is furthermore compatible with commercialization and support by other social interests. On the other hand it is incompatible with the exclusionary private IP rights that permit restrictive publication or total suppression of information. Private IP rather than commercialization conflicts with the openness requirements of scientific research and innovation testing. Commercial funding, however, is in principle compatible with research and testing, especially when regulated by a common IP right. This reflects a pragmatic view of the fundamental interconnections of knowledge and other social interests. (shrink)
The article traces the development of Hungarian intellectual history of the early modern period from the emergence of the national romantic constructions of literary history to the recent turn towards contextualist and conceptual history. One of its main findings is the ideological importance of this period for the formation of the national canon, as it became a central point of reference for the emerging local methodological tradition of intellectual history, even if it was often compartamentalized under other categories. (...) From this perspective, the article puts particular emphasis on ideological constructions seeking to define the nation and depict the emergence of modern national identity. This finding also offers a vantage point for analyzing the interplay between literary history and the socio-culturally focused approaches, which can be considered the main framework for the developments of the last two decades, when these local historiographical traditions entered into an interesting dialogue with the Western European and American schools of intellectual history. Along these lines, while pointing out the discursive continuities with the previous paradigms, which are shaping even the contemporary historiographical production, the article also ponders the ways in which the inherited (post-)romantic constructions can be successfully challenged. (shrink)
Much of the discussion regarding nanotechnology centers around perceived and prosphesied harms and risks. While there are real risks that could emerge from futuristic nanotechnology, there are other current risks involved with its development, not involving physical harms, that could prevent its full promise from being realized. Transitional forms of the technology, involving “microfab,” or localized, sometimes desk-top, manufacture, pose a good opportunity for case study. How can we develop legal and regulatory institutions, specifically centered around the problems of (...) class='Hi'>intellectual property, that both stimulate innovation, and make the best possible use of what will eventually be a market in “types” rather than “tokens”? This paper argues that this is the most critical, current issues facing nanotechnology, and suggests a manner to approach it. (shrink)
Public goods, as well as commercial commodities, are affected by exclusive arrangements secured by intellectual property (IP) rights. These rights serve as an incentive to invest human and material capital in research and development. Particularly in the life sciences, IP rights regulate objects such as food and medicines that are key to securing human rights, especially the right to adequate food and the right to health. Consequently, IP serves private (economic) and public interests. Part of this charge claims that (...) the current IP regime is privatizing the very building blocks of research and development – that used to be part of the commons. The public domain, in contrast to the private domain, may be the locus of much more diverse forms of creativity that at the same time ensures a wider plurality of productive traditions. An IP regime must support a sense of public morality because it is dependent upon civil support. This inevitably prompts questions of what are “good” exclusive rights and what are “bad” exclusive rights, and how shall such IP rights be developed. We argue that the democratization of the current IP regimes is an important first step to respond to these issues. (shrink)
In the global marketplace of ideas, accusations are often made that certain countries refuse to protect intellectual property (IP). This accusation fails to account for cultural differences in the recognition of IP This paper considers the impact of cultural variables upon a nation’s level of (IP) protection. Cultural variables such as humane orientation and in-group collectivism have a negative impact upon IP protection, while uncertainty avoidance and future orientation have a positive impact upon IP protection. Managerial implications of these (...) findings are discussed. (shrink)
Intellectual property can be an important asset for academic institutions. Good data management practices are important for capture, development and protection of intellectual property assets. Selected issues focused on the relationship between data management and intellectual property are reviewed and a thesis that academic institutions and scientists should honor their obligations to responsibly manage data.
Any system for the protection of intellectual property rights (IPRs) has three main kinds of distributive effects. It will determine or influence: (a) the types of objects that will be developed and for which IPRs will be sought; (b) the differential access various people will have to these objects; and (c) the distribution of the IPRs themselves among various actors. What this means to the area of pharmaceutical research is that many urgently needed medicines will not be developed at (...) all, that the existing medicines will not be suitable for countries with a precarious health infrastructure or not target the disease variety that is prevalent in poorer regions. Such effects are commonly captured under the rubric of the “10/90 gap” in biomedical research. High prices will also restrict access to medicines as well endanger compliance to treatment schemes. IPRs are mainly held by multinational corporations situated in the developed world, which not only raises egalitarian concerns, but also severely limits the possibilities of companies in poorer countries to realize improvements on existing inventions, as they cannot financially afford to secure freedom to operate, which systematically shrinks the number of potential innovators. Those inequities lead to an enormous burden for the global poor and since no institution is willing to assume the responsibility to fulfil the right to health and the corresponding right of access to essential medicines, we have to analyse alternatives or additions to the actual intellectual property regimes in order to create new incentives to fill this gap. (shrink)
This book presents an overview of the later medieval trinitarian theology of the rival Franciscan and Dominican intellectual traditions, and includes detailed studies of thinkers such as Thomas Aquinas, Henry of Ghent, John Duns Scotus, ...
This paper explores the historic philosophical contributions ofMill and Marx toward a comprehensive conception of intellectual freedomas a basic educational entitlement. In a perhaps surprising confluence,Marx's theory of a material base for freedom of thought is then extendedin a discussion of contemporary freedoms including, importantly,academic freedom and its implication for teaching, the profession andits training.
Article deals with the situation of enforcement of intellectual property rights in Lithuania after the implementation of 2004 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. First, the authors outline the importance of the proportionality principle which is embedded in the text of the directive, but sometimes may be overlooked because of the rhetoric openly orientated to right holders. Then, the legislative changes in Lithuania’s (...) class='Hi'>intellectual property laws and tendencies in case law are analyzed. The main findings of the research show that despite considerable changes in Lithuanian laws, the situation in case law was not in fact influenced. (shrink)
In debates about the moral foundations of intellectual property, one very popular strand concerns the role of labor as a moral basis for intellectual property rights. This idea has a great deal of intuitive plausibility; but is there a way to make it philosophically precise? That is, does labor provide strong reasons to grant intellectual property rights to intellectual laborers? In this paper, I argue that the answer to that question is “yes”. I offer a new (...) view, different from existing labor theories of intellectual property, which I call the productive capacities view. This view gives us a way to make sense of the idea of labor as the basis for intellectual property rights, as well as a tool for critically evaluating existing intellectual property institutions. (shrink)
In the UK, current policies and services for people with mental disorders, including those with intellectual disabilities (ID), presume that these men and women can, do, and should, make decisions for themselves. The new Mental Capacity Act (England and Wales) 2005 (MCA) sets this presumption into statute, and codifies how decisions relating to health and welfare should be made for those adults judged unable to make one or more such decisions autonomously. The MCA uses a procedural checklist to guide (...) this process of substitute decision-making. The personal experiences of providing direct support to seven men and women with ID living in residential care, however, showed that substitute decision-making took two forms, depending on the type of decision to be made. The first process, ‘strategic substitute decision-making’, paralleled the MCA’s legal and ethical framework, whilst the second process, ‘relational substitute decision-making’, was markedly different from these statutory procedures. In this setting, ‘relational substitute decision-making’ underpinned everyday personal and social interventions connected with residents’ daily living, and was situated within a framework of interpersonal and interdependent care relationships. The implications of these findings for residential services and the implementation of the MCA are discussed. (shrink)
The present study is an ideography applied to the work and intellectual activity of the Romanian-born Jewish scholar Leon Volovici. A careful analysis of his writings reveals a series of essential directions - landmarks and recurrent themes of his work - that Volovici himself followed without hesitation throughout his intellectual becoming. Succinctly, the case of Leon Volovici represents a remarkable model of practicing cultural dialogue and achieving intellectual histories from several perspectives. In addition to brief introductory considerations (...) and concluding remarks, this study focuses upon the following dimensions of his writings: i) the role of intellectual dialogue and the meaning of dialogic culture in Volovici's view; ii) the systematic presentation of the dimensions of Romanian antisemitism in the period between 1850 and 1940; iii) the presentation of the historical and sociological dimensions of the idea of writer in Romanian culture and iv) the remembrance of Volovici's identity in the context of his wanderings through distinct geographic spaces. Our conclusion is that all these dimensions are coherent with one another, making up the general image of Leon Volovici's work. (shrink)
Appropriate enablers are essential for management of intellectual capital. Through the use of structural equation modeling, we investigate whether organic renewal environments, interactive behaviors, and trust are conducive to intellectual capital management processes, as they each depend upon the establishment of a climate emphasizing mutual respect. Owing to a lack of clarity in the literature, we tested the ordering of the variables and found statistical significance for two ordering alternatives. However, the sequence presented in this article provides the (...) best statistical fit: an organic renewal environment provides a foundation for interactive behaviors, which leads to trust, and thus is consistent with the development of intellectual capital management processes within the organization. (shrink)
The article attempts to present a thorough analysis of intelectual property, as main property of a modern company, from the perspective of private law. The article anlyzes the essence of the intangible resources that form the intellectual capital and discusses whether the modern institutes of law allow the universal protection of companies‘ intellectual capital. The first part of the article analizes the conception of intangible resources and provides their qlassification. The second part of the article discusses the understanding (...) of intellectual capital and importance thereof to modern companies. In the third part of the article, the possibility to financially account all intellectual property of a company is analyzed. The forth and fifth parts of the article reveal the possibilities of legal protection of intellectual capital. The law on intelectual property is not sufficient to protect all intelectual capital because it protects only that part of intangibles, which become the onjects of the intelectual property. (shrink)
Recent debate has focused on the use of intellectual property regimes for the protection of indigenous resources. Both domesticated crops and useful wild plants are shaped by indigenous knowledge and by their uses within indigenous cultures. This implies that the preservation of cultural systems is as important as the conservation of the associated biological resources. Intellectual property has been suggested as a means to protect indigenous resources from misappropriation, and to create increased investment in their conservation. Four recent (...) books that discuss the problems that arise from the application of IPR for the protection of indigenous resources highlight a salient issue: that current IPR systems may conflict and undermine the culture, social structure, and knowledge systems of indigenous societies. In order to support conservation through indigenous management of biodiversity, a number of steps are required for the negotiation of intellectual property systems that are more compatible with indigenous people's value systems and concepts of ownership. (shrink)
The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between (...) national and global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)
In her 2007 book "Epistemic Injustice" Miranda Fricker argues that "the silent by products of residual prejudice in a liberal society" are often the most difficult biases to eradicate. In this essay, I provide several examples of the kind of residual prejudice Fricker describes. I then propose a principle of "intellectual empathy" (with four component elements) as a methodological remedy for eradicating this kind of bias in good critical thinking.