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.
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)
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)
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)
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)
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)
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)
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)
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)
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.
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)
Genesis of the scientific ideas and views on intellectual capital is characterized by various approaches highlighting the role of knowledge, skill and professional employees as a form of productive capital. This tendency is mostly revealed at the present stage of economic science development in transiting to an information society. In these conditions the holistic study of intellectual capital requires an expansion of the methodological research base using the evolutionary theory of economic development of the world community, general theory (...) of complex systems, theory of informational economics and other disciplines. Moreover, in Russia there are a number of problems associated with creating a necessary institutional and regulatory environment for protecting the intellectual property. According to the authors, the study of the intellectual capital is necessary from the institutional analysis perspective, as it allows to more accurately determine the current state of the legal status of intellectual assets in the economic activity of an enterprise. (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, ...
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.
A History of Intelligence and “Intellectual Disability” examines how the concepts of intellectual ability and disability became part of psychology, medicine and biology. Focusing on the period between the Protestant Reform and 1700, this book shows that in many cases it has been accepted without scientific and psychological foundations that intelligence and disability describe natural or trans-historical realities.
From the fourteenth to the eighteenth centuries, Indian intellectuals produced numerous Sanskrit–Persian bilingual lexicons and Sanskrit grammatical accounts of Persian. However, these language analyses have been largely unexplored in modern scholarship. Select works have occasionally been noticed, but the majority of such texts languish unpublished. Furthermore, these works remain untheorized as a sustained, in-depth response on the part of India’s traditional elite to tremendous political and cultural changes. These bilingual grammars and lexicons are one of the few direct, written ways (...) that Sanskrit intellectuals attempted to make sense of Indo-Persian culture in premodern and early modern India. Here I provide the most comprehensive account to date of the texts that constitute this analytical tradition according to three major categories: general lexicons, full grammars, and specialized glossaries. I further draw out the insights offered by these materials into how early modern thinkers used language analysis to try to understand the growth of Persian on the subcontinent. (shrink)
David Stove's essay “The intellectual capacity of women” was first published in 1990, in the Proceedings of a Sydney philosophical society. It has been re-published twice since his death. It seems though that during his lifetime Stove himself refused to agree to its being re-printed. This raises two questions: Did Stove believe his essay on women contains mistakes? And: does it contain mistakes? The main flaws in the essay stem from a rash adoption of simplistic ideas about probability coupled (...) with a question-begging definition of capacity. The work also contains contradictions and exaggerations and some unwise forays into social history. Stove was an intelligent man so it seems likely that he would have recognised those flaws. (shrink)
There are ways that ethical intuitions might be, and the various possibilities have epistemic ramifications. This paper criticizes some extant accounts of what ethical intuitions are and how they justify, and it offers an alternative account. Roughly, an ethical intuition that p is a kind of seeming state constituted by a consideration whether p, attended by positive phenomenological qualities that count as evidence for p, and so a reason to believe that p. They are distinguished from other kinds of (...) seemings, such as those which are content driven (e.g., the sensory experience that a stick in water seems bent) and those which are competence driven (e.g., the intellectualseeming that XYZ is not water, or that one of DeMorgan’s laws is true). One important conclusion is this: when crafting a positive theory of justification ethical intuitionists have fewer resources than intuitionists in other domains, not because of the subject matter of ethical intuitions, but because of the their structure. A second conclusion is that the seemings featured in substantive ethical intuitions deliver relatively weak justification as compared to other seeming states. (shrink)
Intellectual property typically involves claims of ownership of types, rather than particulars. In this article I argue that this difference in ontology makes an important moral difference. In particular I argue that there cannot be an intrinsic moral right to own intellectual property. I begin by establishing a necessary condition for the justification of intrinsic moral rights claims, which I call the Rights Justification Principle. Briefly, this holds that if we want to claim that there is an intrinsic (...) moral right to φ, we must be able to show that (a) violating this right would typically result in either a wrongful harm or other significant wrong to the holder of the right, and (b) the wrongful harm or other wrong in question is independent of the existence of the intrinsic right we are trying to justify. I then argue that merely creating a new instance of a type is not the kind of action which can wrongfully harm the creator of that type. Insofar as there do seem to be wrongs involved in copying a published poem or computer program, these wrongs presuppose the existence of an intrinsic right to own intellectual property, and so cannot be used to justify it. I conclude that there cannot be an intrinsic right to own intellectual property. (shrink)
Many philosophers and psychologists hold that intuitions are, or reduce to, beliefs. The argument from intuition without beliefs threatens to undercut any such doxastic account: since there are clear cases of intuition without belief, intuitions cannot be beliefs. Advocates of the intellectualseeming account conclude that intuitions belong to the basic mental kind of intellectualseeming. I argue that rightly understood, apparent cases of intuition without belief are cases of someone having the inclination to believe that (...) p whilst believing that not-p. These can be accommodated by a disjunctive doxastic account holding that to have an intuition is to either have a belief, or to have an inclination to believe. I conclude that intuitions reduce to beliefs, and that there is no need to acknowledge intellectual seemings as basic states in our mental taxonomy. (shrink)
Whether we think of the routine conviction or acquittal of suspects on the basis of scientific evidence in the law courts, the trust placed in scientific medicine and the extraordinary interventions it makes possible, or the importance that policy makers attach to the opinions of scientists, it is clear that those making up our scientific institutions are among the most authoritative and respected people that there are. Among intellectual endeavours science has an unrivalled dominance in terms of funding, status (...) and influence on practical affairs. However, the days when natural science was widely considered to be a model for the study of the arts and the humanities already seem distant. Indeed the influence of science even within subjects which were conceived of as scientific from their very inception, such as political science and sociology, has waned considerably. Perhaps in economics scientism is still dominant but elsewhere in academia a widespread disillusionment with science has taken hold. Perhaps this is understandable given what were with hindsight the obviously foolish attempts to study everything with the same methodology as is employed in physics. Yet the backlash against a misconceived scientism and reductionism in the study of social life and culture has amounted to more than just a defence of disciplinary boundaries, for critics of science now assail it in its own castles (which they allege are built in the air). (shrink)
The intellectual virtues include two seemingly quite different types of traits: reliable faculties on the one hand and inquiry-regulating traits of intellectual character like conscientiousness and openmindedness on the other. Extant virtue theories do not appear to have provided a single account that adequately covers both types of virtue. In this paper, I examine the different ways in which a trait or disposition can contribute to our cognitive goal of acquiring significant true beliefs. I propose that the two (...) types of virtues can be understood as contributing in different ways to our cognitive goal, and develop a general framework for understanding their value. (shrink)
Over the past thirty years, the disappearance, if not the death, of the intellectual in France has been the focus of significant conversation and debate. Yet a good bit earlier, two writers who epitomized that very figure of the intellectual, Jean-Paul Sartre and Albert Camus, in works written after their bitter break, seemed to have already sensed this decline. The present essay explores what Camus's novel La Chute [The fall] and Sartre's autobiography Les Mots [The words] share thematically (...) and, in particular, how both works anticipate the fall of the French intellectual. (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)
This work focuses on Latin Judaica and Biblical interpretation with a primary emphasis on texts that were found in the library of Archbishop Narcissus Marsh of Dublin. This remarkable collection of Latin Judaica, Polyglot Bibles, and other works sheds light on the way in which the Protestant Reformation dealt both with Jews, and the Bible, the Jewish Kabbalah and religious toleration or intolerance. The articles contained herein will be of especial interest to historians of religion and philosophy, and those (...) dealing with Jewish-Christian relations and the manner in which Biblical interpretation was changed as a result of seventeenth-century influences. The articles also weave a new approach to the broad history of religious toleration. Philosophers, political thinkers, religious clerics, and budding anthropologists look at Judaism, Christianity, Kabbalah, and the Bible under a new and vastly more modern lens. (shrink)
This essay deals with a selected part of an epistemological controversy provided by Tūsī in response to the skeptical arguments reported by Rāzī that is related to what might be called "intellectual skepticism," or skepticism regarding the judgments of the intellect, particularly in connection with self-evident principles. It will be shown that Rāzī has cited and exposed a position that seems to be no less than a medieval version of empiricism. Tūsī, in contrast, has presented us with a position (...) that rejects such empiricism. The comparative aim of this essay is to draw attention to some similarities as well as some points of divergence between the kind of skeptical debate we are focusing on here, and some relevant epistemological discussions in the later traditions in the West. ". (shrink)
The labor theory of value is fundamental to John LockeJustifying Intellectual Property,s physical labor contributes only proportionally to this socially-created market value. Robert Nozick, G. A. Cohen, and other philosophers similarly dismiss the labor theory of value as illogical or incoherent. But these philosophers redefine Lockes labor theory of economic value. The principle of interpretative charity demands reconsideration of Lockes property theory within the context of his natural law ethical theory, as presented in An Essay Concerning Human Understanding and (...) in other works. In this context, Locke’s concept of labor means production, which has intellectual as well as physical characteristics, and his concept of value means that which is useful in the flourishing life of a rational being, which is a conception of the good that is more robust than merely physical status or economic wealth. This not only disabuses modern scholars of the absurdities they impose on Locke, it also explains why Locke says that inventions exemplify his labor-based property theory and why he argues for property rights in writings (copyrights), arguments that seem to have been lost on his critics in intellectual property theory and beyond. (shrink)
Should doctors have the possibility to save children from incurable suffering and end their lives?. At first glance, the standpoints in the debate around this question seem translucent and well known and the debate intelligible. I contend that this is not the case and I will illustrate this in analysing the debate between Peter Singer and Ulrich Bleidick. Whomever wants to answer the question whether it is acceptable to end the lives of suffering small children will have to do some (...) careful reading and thinking about the different and differing moral arguments in the debate. This demands emotional restraint and intellectual honesty. Trying to understand Singer and his opponents is a challenging way of charting what exactly is at stake in this debate. (shrink)
This paper revisits William James's 1906 speech, "The Moral Equivalent of War," to look at the relationship of religion, particularly Christianity, to war and violence. Beginning with an anthropological update concerning "biological or sociological necessity," which confirms James's anti-mystical view of war, this paper then offers a case that monotheism, including Christianity, has an extremely ambiguous relationship with war and violence. There is evidence both that doing away with monotheism would have little effect on the prevalence of war and that (...) monotheism supports war in post-neolithic cultures. Finally, it seems the contribution James makes cannot be seen until the distinction between religion and philosophy is put aside. Only then can we see his suggestion that the proper role of intellectual leaders is to offer persons with politico-military power informed advice concerning actions that will result in fewer actual wars. (shrink)
Writing about the intellectual development of a philosopher is a delicate business. My own endeavor to reinterpret the influence of Hegel on Dewey troubles some scholars because, they believe, I make Dewey seem less original.1 But if, like Dewey, we overcome Cartesian dualism, placing the development of the self firmly within a complex matrix of social processes, we are forced to reexamine, without necessarily surrendering, the notion of individual originality, or what Neil Gross calls “discourse[s] of creative genius.”2 To (...) use a mundane example, I can recall several conversations with Dewey scholars about his dislike for his home state of Vermont, all of which revolved around personal reasons he may .. (shrink)
Disc 1. Life's great questions: Asian perspectives ; The Vedas and Upanishads: the beginning -- Disc 2. Mahavira and Jainism: extreme nonviolence ; The Buddha: the middle way -- Disc 3. The Bhagavad Gita: the way of action ; Confucius: in praise of sage-kings -- Disc 4. Laozi and Daoism: the way of nature ; The Hundred Schools of preimperial China -- Disc 5. Mencius and Xunzi: Confucius's successors ; Sunzi and Han Feizi: strategy and legalism -- Disc 6. Zarathustra (...) and Mani: dualistic religion ; Kautilya and Ashoka: Buddhism and empire -- Disc 7. Ishvarakrishna and Patanjali: Yoga ; Nagarjuna and Vasubandhu: Buddhist theories -- Disc 8. Sima Qian and Ban Zhao: history and women ; Dong Zhongshu and Ge Hong: eclecticism -- Disc 9. Xuanzang and Chinese Buddhism ; Prince Shotoku, Lady Murasaki, Sei Shonagon -- Disc 10. Saicho to Nichiren: Japanese Buddhism ; Shankara, Ramanuja, Madhva: Hindu Vedanta -- Disc 11. Al-Biruni: Islam in India ; Nanak and Sirhindi: Sikhism and Sufism -- Disc 12. Han Yu to Zhu Xi: Neo-Confucianism ; Wang Yangming: The study of heart-mind -- Disc 13. Dogen and Hakuin: Zen Buddhism ; Zeami and Sen no Rikyu: Japanese aesthetics -- Disc 14. Wonhyo to King Sejong: Korean philosophy ; Padmasambhava to Tsongkhapa: Tibetan ideas -- Disc 15. Science and technology in premodern Asia ; Muhammad Iqbal and Rabindranath Tagore -- Disc 16. Mohandas Gandhi: Satyagraha, or soul-force ; Fukuzawa Yukichi and Han Yongun -- Disc 17. Kang Youwei and Hu Shi ; Sun Yat-sen and Mao Zedong -- Disc 18. Modern legacies ; East and West. (shrink)
This volume collects 17 case studies that characterize the various kinds of translations of the European culture of the last two and a half millennia from ancient Greece to Rome, from the medieval world to the Renaissance up to the ...
What is the true calling of the intellectual? In this provocative new book, Andrew Shanks presents a distinctive fresh answer. The Other Calling is a systematic riposte both to the elitism of philosophy in the heritage of Plato, and to the typical individualism of Plato's philosophic opponents. Here, instead, intellectual integrity is identified with a form of priesthood. Asserts that intellectuals are critical to bringing together the common aspirations of a community Offers a strikingly original approach to the (...) moral and political aspects of theology’s relationship with philosophy, exploring the perspectives of both disciplines Draws on the work and thought of Christians, Muslims, Hindus, Buddhists, Agnostics, and Atheists Argues for a new, religiously multicultural “priesthood of all thinkers”, considering how once, all intellectuals were as a matter of course also priests Published in the new and prestigious Illuminations series. (shrink)
Most of the literature on doxastic voluntarism has concentrated on the question of the voluntariness of belief and the issue of how our actual or possible control of our beliefs bears on our justification for holding them and on how, in the light of this control, our intellectual character should be assessed. This paper largely concerns a related question on which less philosophical work has been done: the voluntariness of the grounding of belief and the bearing of various views (...) about this matter on justification, knowledge, and intellectual virtue. In part, my concern is the nature and extent of our voluntary control over our responses to reasons for believing—or over what we take to be such reasons. This paper provides a partial account of such control and, on the basis of the account, will clarify the criteria for appraising intellectual virtue. (shrink)
Radical empiricism is the view that a person's experiences (sensory and introspective), or a person's observations, constitute the person's evidence. This view leads to epistemic self-defeat. There are three arguments, concerning respectively: (1) epistemic starting points; (2) epistemic norms; (3) terms of epistemic appraisal. The source of self-defeat is traced to the fact that empiricism does not count a priori intuition as evidence (where a priori intuition is not a form of belief but rather a form of seeming, specifically (...)intellectual as opposed to sensory). Moderate rationalism, by contrast, avoids self-defeat. (shrink)
This paper concerns would-be necessary connections between doxastic attitudes about the epistemic statuses of your doxastic attitudes, or , and the epistemic statuses of those doxastic attitudes. I will argue that, in some situations, it can be reasonable for a person to believe p and to suspend judgment about whether believing p is reasonable for her. This will set the stage for an account of the virtue of intellectual humility, on which humility is a matter of your higher-order epistemic (...) attitudes. Recent discussions in the epistemology of disagreement have assumed that the question of the proper response to disagreement about p concerns whether you ought to change your doxastic attitude towards p. My conclusion here suggests an alternative approach, on which the question of the proper response to disagreement about p concerns the proper doxastic attitude to adopt concerning the epistemic status of your doxastic attitude towards p. (shrink)
Phenomenal holism is the thesis that some phenomenal characters can only be instantiated by experiences that are parts of certain wholes. The first aim of this paper is to defend phenomenal holism. I argue, moreover, that there are complex intellectual experiences (intellectual gestalts)—such as experiences of grasping a proof—whose parts instantiate holistic phenomenal characters. Proponents of cognitive phenomenology believe that some phenomenal characters can only be instantiated by experiences that are not purely sensory. The second aim of this (...) paper is to defend cognitive phenomenology. I argue that reflection on intellectual gestalts provides a basis for developing a case for cognitive phenomenology that is immune to many of the worries that beset more familiar arguments for cognitive phenomenology. (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)
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)
The idea of a virtue has traditionally been important in ethics, but only recently has gained attention as an idea that can explain how we ought to form beliefs as well as how we ought to act. Moral philosophers and epistemologists have different approaches to the idea of intellectual virtue; here, Michael DePaul and Linda Zagzebski bring work from both fields together for the first time to address all of the important issues. It will be required reading for anyone (...) working on either side of the debate. (shrink)
Justifications for intellectual property rights are typically made in terms of utility or natural property rights. In this article, I justify limited regimes of copyright and patent grounded in no more than the rights to use our ideas and to contract, conjoined at times with a weak right to hold property in tangibles. I describe the Contracting Situation plausibly arising from vesting rational agents with these rights. I go on to consider whether in order to provide the best protection (...) for the voluntary activities and consensual interactions occurring within the Contracting Situation, it might be appropriate or even necessary to move to institutions qualitatively similar to copyright and patent. I conclude that in at least some circumstances limited regimes of copyright and patent may be defendable solely on the basis of these very basic 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.
When J. L. Austin introduced two “shining new tools to crack the crib of reality”—the theory of performative utterances and the doctrine of infelicities—he could not have imagined that he was also about to inaugurate a shining new industry in the philosophy of the social sciences. But with its evident concern for the features to which “all acts are heir which have the general character of ritual or ceremonial,” Austin’s theory soon became indispensable in the analysis of ritual, linguistic and (...) every kind of social action. While Indianists such as Frits Staal, Bimal Matilal and David Seyfort Ruegg have made good use of the work of Austin and his “ordinary language” school, it is Quentin Skinner who has attempted to turn Austin’s insights into a general “theory and method” for the study of intellectual cultures. The question I want to address in this paper has to do with the applicability of Skinnerian techniques to the study of literary and intellectual Sanskrit culture in premodern India. If not all of Skinner’s methods transfer to the new context, identification of the points at which they breakdown helps to clarify the distinctive contours of Indian intellectual history, and suggests appropriate methodological innovation. (shrink)
[David Charles] Aristotle, it appears, sometimes identifies well-being (eudaimonia) with one activity (intellectual contemplation), sometimes with several, including ethical virtue. I argue that this appearance is misleading. In the Nicomachean Ethics, intellectual contemplation is the central case of human well-being, but is not identical with it. Ethically virtuous activity is included in human well-being because it is an analogue of intellectual contemplation. This structure allows Aristotle to hold that while ethically virtuous activity is valuable in its own (...) right, the best life available for humans is centred around, but not wholly constituted by, intellectual contemplation. /// [Dominic Scott] In Nicomachean Ethics X 7-8, Aristotle distinguishes two kinds of eudaimonia, primary and secondary. The first corresponds to contemplation, the second to activity in accordance with moral virtue and practical reason. My task in this paper is to elucidate this distinction. Like Charles, I interpret it as one between paradigm and derivative cases; unlike him, I explain it in terms of similarity, not analogy. Furthermore, once the underlying nature of the distinction is understood, we can reconcile the claim that paradigm eudaimonia consists just in contemplation with a passage in the first book requiring eudaimonia to involve all intrinsic goods. (shrink)
Political liberals ask citizens not to appeal to certain considerations, including religious and philosophical convictions, in political deliberation. We argue that political liberals must include a demanding requirement of intellectual modesty in their ideal of citizenship in order to motivate this deliberative restraint. The requirement calls on each citizen to believe that the best reasoners disagree about the considerations that she is barred from appealing to. Along the way, we clarify how requirements of intellectual modesty relate to moral (...) reasons for deliberative restraint. And we argue against attempts to weaken our requirement of intellectual modesty by emphasizing those moral reasons. (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 work demonstrates how falsafah (which linguistically refers to a group of commentaries by Muslim scholars associated with their readings of "The Corpus Aristotelicum") in Iran has been always closely linked with religion. It demonstrates that the blending of the new natural theology with Iranian culture created an intellectual climate that made Iran the center of falsafah in the Medieval world. The author begins this book by exploring the analytical arguments and methodologies presented as the subject of the first-philosophy (...) (metaphysics) in the works of Aristotle (in particular "The Nicomachean Ethics" and "Rhetoric"). Then, he tells the tale of the Muslims' progression as they came to own and expand upon Aristotle's arguments and methodologies as a measure of their own sense of spirituality. Last, Sadri surveys the implications of that sense of spirituality as it is amalgamated within the Iranian culture and today's Islamic Republic of Iran. The author's aim is to present a different perspective of falsafah (as it is received by Muslims and assimilated within Iranian culture), while maintaining a sense that captures the texture of everyday life-experiences in today's Islamic Republic of Iran. This work is thus about (contemporary) Iranian falsafah and how it remains faithful to its tradition (as falsafah has actually been integrated and practiced by Iranian scholars for the last eleven centuries). It is a tradition that has taken on the task of understanding and projecting a sense of order upon the multiplicity of forms, ideas, examples, and images that have passed through Iran from East and West; it is a story that has gathered, sheltered, and introduced a style and order of Islamic (Shi'at) falsafah. (shrink)
Defenders of strong intellectual property rights or of a non-utilitarian basis for those rights often turn to Locke for support. This paper criticizes that move. My major claim is twofold: on the one hand, intellectual property would be an almost paradigmatic case of Lockean property; on the other hand, Locke's provisos - specifically the widely neglected spoilage proviso - would sharply limit the scope of any entitlements. My secondary claim is accordingly be that the spoilage proviso's neglect is (...) undeserved, and that it deserves a more central place in our understanding of Locke. In the first part of the paper, I attempt to resurrect the spoilage proviso. Part 2 rereads Locke's texts to explain why intellectual property would be a paradigmatic case of Lockean property. Part 3 attempts a conceptual clarification of waste in Lockean terms. The final part applies this analysis to some contemporary IP issues: to certain uses of IP to control access, to deadweight loss due to monopoly pricing, and to the possibility of anticommons scenarios. Each of these can be seen as "waste" in the Lockean sense, and thus each offers a counterweight to strong IP claims made in Locke's name. (shrink)
Philosophical reflection on intellectual property (IP) is still very young. Whilst much has been written by lawyers on intellectual property, the vast majority of this writing is philosophically unsophisticated. This paper aims to at least partially remedy this philosophical deficit by examining what reflection on the ontology of intellectual property can add to our understanding of how to regulate IP. I argue that ontological reflection should bring us to an important basic fact, namely that ownership of (...) class='Hi'>intellectual property involves the ownership of types rather than tokens. This difference in the ontological status of the objects owned makes a normative difference to how we should regulate ownership of intellectual property as compared to tangible property. The argument falls into three main parts. I begin by arguing that the type-token distinction is the best way to account for the ontology of intellectual property. I next argue that the realisation that we are dealing with ownership of types rather than tokens has important normative implications. In particular some of the standard arguments in favour of private ownership of physical property simply do not apply in the case of ownership of types, whilst some other arguments apply only in an attenuated way. The next section examines the limitations of ontology as a guide to the regulation of IP. I argue that whilst thinking through the normative implications of the type-token distinction is a necessary 1 condition for a sound regulatory approach to IP, it is certainly not sufficient. This is because many of the specific questions about the regulation of intellectual property that matter most in practice—such as how long the patent term should be, or how much someone should be able to quote from a book and it count as fair use—are not answerable by ontological reflection. Such questions concern the fair distribution of the burdens and benefits involved in the construction of public goods, rather than questions of ontology.. (shrink)
To what degree should we rely on our own resources and methods to form opinions about important matters? To what degree should we depend on various authorities, such as a recognized expert or a social tradition? In this provocative account of intellectual trust and authority, Richard Foley argues that it can be reasonable to have intellectual trust in oneself even though it is not possible to provide a defense of the reliability of one's faculties, methods, and opinions that (...) does not beg the question. Moreover, he shows how this account of intellectual self-trust can be used to understand the degree to which it is reasonable to rely on alternative authorities. This book will be of interest to advanced students and professionals working in the fields of philosophy and the social sciences as well as anyone looking for a unified account of the issues at the center of intellectual trust. (shrink)
Feminist critiques of science show that systematic biases strongly influence what scientific communities find salient. Features of reality relevant to women, for instance, may be under-appreciated or disregarded because of bias. Many feminist analyses of values in science identify problems with salience and suggest better epistemologies. But overlooked in such analyses are important discussions about intellectual virtues and the role they play in determining salience. Intellectual virtues influence what we should find salient. They do this in part by (...) managing the emotions, which are cognitively involved in what we actually do find salient. One reason intellectual virtues do not factor more strongly in feminist epistemology is the mistaken assumption that they could not serve as explicit epistemic community standards for scientific inquiry. There are good reasons, however, to think in terms of community intellectual virtue and consequently, to advance explicit public standards of intellectual virtue for scientific research. To show how explicit public standards for intellectual virtue might improve reasoning in biased conditions, I analyze a striking oversight in several evolutionary immunological hypotheses concerning women's reproduction and sexuality. I conclude that feminist epistemology would benefit from greater consideration of intellectual virtues, particularly in connection with social epistemological insights. (shrink)
In some recent work, Ernest Sosa rejects the “perceptual model” of rational intuition, according to which intuitive beliefs (e.g., that ) are justified by standing in the appropriate relation to a nondoxastic intellectual experience (a seeming-true, or the like), in much the way that perceptual beliefs are often held to be justified by an appropriate relation to nondoxastic sense experiential states. By extending some of Sosa’s arguments and adding a few of my own, I argue that Sosa is (...) right to reject the perceptual model of intuition, and that we should reject the “perceptual model” of perception as well. Rational intuition and perception should both receive a virtue theoretic (e.g., reliabilist) account, rather than an evidentialist one. To this end, I explicitly argue against the Grounds Principle, which holds that all justified beliefs must be based on some adequate reason, or ground. (shrink)
Abstract: On the Aristotelian picture of virtue, moral virtue has at its core intellectual virtue. An interesting challenge for this orthodoxy is provided by the case of universal love and its associated virtues, such as the dispositions to exhibit grace, or to forgive, where appropriate. It is difficult to find a property in the object of such love, in virtue of which grace, for example, ought to be bestowed. Perhaps, then, love in general, including universal (...) class='Hi'>love, is not necessarily exhibited for reasons . This is the view that, with the help of Heidegger's notion of a fundamental emotional attunement ( Grundstimmung ), I defend. The problem is to show how universal love, and its manifestation in the virtues of universal love, can then be seen as rational. Showing this is the task of the essay. (shrink)
From the ferment of recent debates about the intellectual virtues, Roberts and Wood develop an approach they call 'regulative epistemology', exploring the connection between knowledge and intellectual virtue. In the course of their argument they analyse particular virtues of intellectual life - such as courage, generosity, and humility - in detail.
This book is the first systematic treatment of 'responsibilist' or character-based virtue epistemology, an approach to epistemology that focuses on intellectual ...
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)
A philosophical exploration of the ideal of intellectual integrity drawing on Samuel Butler's semi-autobiographical Bildungsroaman, The Way of All Flesh; and relating this to C.S. Peirce's idea of the scientific attitude and Percy Bridgman's reflections on the conditions needed for this ideal to flourish.
For over 30 years I have argued, in and out of print that, for both intellectual and humanitarian reasons, we urgently need a revolution in the aims and methods of academic inquiry. Instead of giving priority to the search for knowledge, academia needs to devote itself to seeking and promoting wisdom by rational means, wisdom being the capacity to realize what is of value in life, for oneself and others. Wisdom thus includes knowledge but much else besides. A basic (...) task of academia would be to help humanity learn how to create a better world. Now I find the revolution is underway – entirely independent of my own efforts to promote it. During the last ten to twenty years, all sorts of changes have taken place in academia that amount to putting aspects of wisdom-inquiry into practice – even if in complete ignorance of my work. Perhaps the most significant steps are the creation of departments, institutions and research centres concerned with social policy, with problems of environmental degradation, climate change, poverty, injustice and war, and with such matters as medical ethics and community health. Nevertheless, the revolution is happening with agonizing slowness, in a dreadfully muddled and piecemeal way. It needs academics and non-academics to wake up to what is going on – or what needs to go on – to help give direction, coherence and a rationale to this nascent revolution from knowledge to wisdom. (shrink)
Sir David Ross introduced prima facie duties, or acts with a tendency to be duties proper. He also spoke of general prima facie principles, wwhich attribute to acts having some feature the tendency to be a duty proper. Like Utilitarians from Mill to Hare, he saw a role for such principles in the epistemology of duty: in the process by means of which, in any given situation, a moral code can help us to find out what we ought to do.After (...) formalizing general prima facie principles as universally quantified conditionals I will show how seeming duties can be detached from them. There will be examples involving lies, burnt offerings and the question of whether to have a napkin on your lap while eating asparagus. They will illustrate the defeasibility of this detachment, how it can lead into dilemmas, and how general prima facie principles are overridden by more specific ones. (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)
I BELIEVE THAT the intellectual capacity of women is on the whole inferior to that of men. By "on the whole," I do not mean just "on the average"; though I do mean that much. My belief is, if you take any degree of intellectual capacity which is above e average for the human race, as a whole, then a possessor of that degree of intellectual capacity is a good deal more likely to be man than (...) a woman. (shrink)
Philosophers have given relatively little attention to the ethical issues surrounding the nature of intellectual property in spite of the fact that for the past ten years the public policy debate over "fair use" of copyrighted materials in higher education has been heating up. This neglect is especially striking since copyright ethics are at stake in so many aspects of academic life: the photocopying of materials for classroom use and scholarly work, access to electronic texts, and the cost and (...) availability of single-source information technology such as Dialogue, library card catalogues, the Oxford English Dictionary, and a variety of other print and electronic resources. Of course, the ethics of copyright are not only an issue for those of us in the business of education: recent allegations of copyright infringement by Texaco, which regularly photocopied articles from scientific and technical journals for its employees, suggests that questions about copyright ethics may arise regularly for every corporation and business. While the current lawsuit against Kinko's Copies(1) and Texaco may settle some public policy questions in the short run, the legal discourse on fair use depends upon competing ethical intuitions which are not likely to be resolved soon. (shrink)
LUCRETIUS AND THE LATE REPUBLIC . Roman Intellectual History The history of human values is the history of changing notions about truth and reality, ...
This is a review of Raymond Martin and John Barresi's The Rise and Fall of Soul and Self: An Intellectual History of Personal Identity (Columbia University Press, 2006).
Private property forms the bedrock of the business/society relationship in a market economy. In one way or another most societies limitwhat people can claim as property as well as theextent of claims they can make regarding it. In the international arena today intellectual property rights are a focal point of debate. Many developing countries do not recognize the monopoly claims of patents and copyrights asserted by business as legitimate. This paper reviews contemporary areas of dispute and then presents the (...) tasks facing the construction of a fair intellectual property rights regime. (shrink)
: This essay highlights how contemporary Muslim fundamentalists reduce Islam's rich and complex intellectual legacy to a set of authoritarian rules. The three branches of classical Islamic education-theology, jurisprudence, and ethics-are particularly targeted. The reductionist pattern applied to these areas is designed to eliminate both the scholarly space of inquiry and the room for individual reflection traditionally granted to its followers by Islamic religion. The essay ends with an analysis of the language used by Osama bin Laden in various (...) documents over the last ten years that show how he has abused Islam's jurisprudential tradition to confer on him a convenient likeness of legality. (shrink)
What is the best model of emotion if we are to reach a good understanding of the role of emotion in religious life? I begin by setting out a simple model of emotion, based on a paradigm emotional experience of fear of an immediate threat in one’s environment. I argue that the simple model neglects many of the complexities of our emotional lives, including in particular the complexities that one finds with the intellectual emotions. I then discuss how our (...) dispositions to have these kinds of emotions, which are part of what it is to be a virtuous intellectual enquirer, are subject to vicissitudes, in particular brought about by depression, apathy and other damaging changes to our psychic economy. These changes can flatten affect, so that one’s intellectual life goes cold on one. Finally, I commend the idea of applying this model of intellectual emotion onto religious emotion. (shrink)
Research in recent history has neglected to address the moral foundations of particular kinds of public policy such as the protection of intellectual property rights (IPRs). On the one hand, nation-states have enforced a tightening of the IPR system. On the other, only recently have national government and international institutions recognised that the moral justification for stronger IPRs protection is far from being plausible and cannot be taken for granted. In this article, IPRs are examined as individual rights founded (...) upon natural law, personality development, just reward and social utility. It is argued that these foundations cannot be philosophically sustained. IPRs constitute morally indefensible political developments which aim to reproduce the capitalist division of knowledge and labour at national, international and global levels. The need for such a critical approach to the moral foundations of IPRs has increased in importance as a consequence of their role in justifying corporate power, globalisation policies and harmonisation of such. (shrink)
This article argues that considerations about the role and predictability of intellectual innovation make the protection of intellectual property morally obligatory even when it greatly reduces short-term welfare. Since the provision of good new ideas is the only productive input not subject to decreasing marginal productivity, welfarist considerations require that no impediment to its maximal provision be erected and the potentially substantial welfare losses imposed by a patent system be mitigated by taxation of other sources of wealth and (...) income. Key Words: patent system welfarism decreasing marginal productivity. (shrink)
: In the development of biotechnology in the United States, many questions were raised about the appropriateness of applying to this area a traditional robust system of intellectual property rights. Despite these hesitations, the U.S. rejected suggested modifications. This was a mistake, and there is a need to develop a modified system that promotes more of the relevant ethical values.
All of us get opinions from other people. And not just a few. We acquire opinions from others extensively and do so from early childhood through virtually every day of the rest our lives. Sometimes we rely on others for relatively inconsequential information. Is it raining outside? Did the Yankees win today? But we also depend on others for important or even life preserving information. Where is the nearest hospital? Do people drive on the left or the right here? We (...) acquire opinions from family and close acquaintances but also from strangers. We get directions from and heed the warnings of individuals we’ve never met, and likewise read books and articles and listen to television and radio reports authored by individuals we don’t know personally. Moreover, we undertake inquiries in groups in which the group relies on the conclusions of the individuals making up the group. In some of these collective efforts everyone knows one another, for example, a set of neighbors taking a census of birds in the neighborhood. But others, such as the effort to understand gravity, are not so nearly self-contained. Indeed, many of the most impressive human intellectual accomplishments are the collective products of individuals far removed from another in location (and sometimes even over time) who rely on each other’s conclusions without feeling the need to re-confirm them. (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 the course of Western history, philosophy has proven to be an active participant in the process of secularization. This article seeks to examine that philosophical role more closely. The central question is how the role of philosophy must be rethought in light of the contemporary critique of classical secularization theory. The first part of the article sheds light on the current crisis of secularization theory. Drawing on recent scholarship in the social sciences, it explains why the classical tenets and (...) assumptions of secularization theory are no longer being considered as plausible and empirically grounded hypotheses. Against that background, the second part turns to philosophy. It examines the implications for a philosophical tradition of religious criticism that has consciously operated within this once-undisputed model of secularization. The question is how this critique of religion must be rethought, if its prominent role in the history of modern philosophy can no longer be ascribed to a general secularization of the Western mind. The third and final part attempts to answer this question by focusing on one of the most frequently overlooked, yet most significant and crucial elements in the history of philosophical secularization: the intrinsic intellectual attraction of religious disenchantment. (shrink)
Engaging a listener’s trust imposes moral demands upon a presenter in respect of truthtelling and completeness. An agent lies by an utterance that satisfies what are herein defined as signal and mendacity conditions; an agent deceives when, in satisfaction of those conditions, the agent’s utterances contribute to a false belief or thwart a true one. I advert to how we may fool ourselves in observation and in the perception of our originality. Communication with others depends upon a convention or practice (...) of presumed nonuniversal truthfulness. In support of an asserted duty of nondeceptiveness, I offer a reconciliation of pertinent Kantian passages, a sketch of arguments within utilitarianism, contractarianism, and other views, and an account arguing for application of that duty to assertions, implicatures, omissions, equivocation, prevarication, and sophistry insofar as they affect listeners’ doxastic states. For scholarship, this duty is exceptionless. I describe the kernel of intellectual honesty as a virtuous disposition such that when presented with an incentive to deceive, the agent will not deceive. Intellectual honesty delivers candor when it counts. I contrast this with complementary virtues and the surpassing virtue of ingenuousness. An account is given of the connection between intellectual honesty and an influential physical model of integrity. (shrink)
Newly re-printed, Sydney Hook’s classic (1939) work on Dewey appears with an Introduction by Richard Rorty. Hook may help us see how Dewey fit into his own time. That story is important. The new printing may also help us see how Dewey fits into our time. Rorty lauds more recent treatments of Dewey’s work, especially Robert Westbrook’s intellectual biography John Dewey and American Democracy (1991), and Steven Rockefeller’s John Dewey: Religious Faith and Democratic Humanism (1991) gets honorable mention. Specific (...) comments focus on Alan Ryan’s John Dewey and the High Tide of American Liberalism (1995). “It may be that Dewey and Hook witnessed, as Alan Ryan suggests, ... ‘the high tide of American liberalism,’ but if this is so, then America has lost its soul.”1 Even future-focused pragmatists need to look back to Dewey and Hook. They were “Americans” who, in the final words of the Hook volume, “still had hope for what America may yet be.”. (shrink)
Just as testimony is affected by unjust social relations, so too is intellectual self-trust. I defend an account of intellectual self-trust that explains both why it is properly thought of as trust and why it is directed at the self, and explore its relationship to social power. Intellectual self-trust is neither a matter of having dispositions to rely on one?s epistemic methods and mechanisms, nor having a set of beliefs about which ones are reliable. Instead, it is (...) a stance that an agent takes towards her own cognitive methods and mechanisms, comprising both cognitive and affective elements. Our intellectual self-trust is created and sustained socially and is thus porous to social power. Unjust social relations cause epistemic injustice, which undermines self-trust among the underprivileged; unjust social relations cause excessive self-trust among the privileged, which perpetuates epistemic injustice, which further undermines the self-trust of the disadvantaged in a vicious feedback loop. I conclude by exploring ways in which socially distorted intellectual self-trust can become better calibrated. (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)
From the ferment of recent debates about the intellectual virtues, Roberts and Wood develop an approach they call 'regulative epistemology', exploring the connection between knowledge and intellectual virtue. In the course of their argument they analyse particular virtues of intellectual life - such as courage, generosity, and humility - in detail.
One of the more troubling developments in recent human history is the emergence of a single, nearly global system of intellectual property (IP). As I will explain, the usual moral arguments for IP—arguments from social utility, piracy, and natural or human rights—are clearly inadequate as justifications for the emerging global IP system. Indeed, the arguments are so weak that it is natural to conclude that the system should simply be abolished. I sympathize with this conclusion, but here defend a (...) somewhat more modest policy prescription. If the system is not abolished, it should at least be eviscerated: developing countries should be exempted from international IP rules, by an unlimited grace period. (shrink)
In late antiquity Plato's philosophy became a battlefield between the competing discourses and rival intellectual paradigms represented by Hellenism and Christianity. Focusing on Theodoret of Cyrrhus' Graecarum Affectionum Curatio, Dr Siniossoglou examines the philosophical, rhetorical and political dimensions of the Neoplatonic-Christian conflict of interpretations over Plato. He shows that the apologist's aim was to procure a radical shift in Hellenic intellectual identity through the appropriation of Platonic concepts and terminology. The apologetical strategies of appropriation are confronted with the (...) perspective of the intended audience, the Hellenic elite, by means of comparative discourse analysis. The outcome is a reconstruction of a vital trial of strength between Neoplatonic hermeneutics and the Christian rhetorical mode of rewriting Plato. The volume concludes that the fundamental Hellenic-Christian opposition outweighed any linguistic merging that might have occurred between the two systems, and that this opposition outlived the dominance of Christianity in late antique society and politics. (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)
When we talk about intellectual property, it is often implicitly assumed that we are talking about private intellectual property. However, private property and the idea of private ownership do not exhaust the possibilities for accounts of ownership and of property. There are other ways that ownership can operate, such as common property. A resource is common property if its use is ‘governed by rules whose point is to make them available for use by all or any members of (...) the society.’. (shrink)
In his recent edition, with translation and commentary, of Aristotle, Eth. Nic. VI, Hans-GeorgGadamer reproposes his interpretation of Aristotle's practical philosophy as a model for his own hermeneutics, confirming in this way his tendency to identify practical philosophy with the intellectual virtue of phronesis. Furthermore, although he recognizes the primacy attributed by Aristotle to the theoretical life, Gadamer tends to undervalue it and to consider phronesis and sophia at the same level. In particular he believes (...) that the theoretical life was for Aristotle an ideal accessible only to the gods. Unlike Heidegger, who refuses Aristotle's position because of the primacy of theoretical life, but appropriates his practical philosophy, Gadamer thinks that today is still possible to follow Aristotle, but only if we reduce that primacy. The article shows how, according to Gadamer, what Aristotle says about theoretical life, if rightly understood, can still be accepted. /// Na sua edição recente, com tradução e comentário ao Livro VI da Ética a Nicómaco de Aristóteles, Hans-GeorgGadamer reaflrma a sua interpretação dafllosofia prática de Aristóteles como modelo para a sua hermenêutica, confirmando deste modo a sua tendência a identificar a filosofia pratica de Aristóteles com a virtude dianoética da phronesis. Além disso, e apesar de reconhecer o primado atribuido por Aristóteles à vida teorética, Gadamer tende a desvalorizá-lo e a considerar a phronesis e a sophia como estando no mesmo piano. Gadamer parece especialmente convencido de que a vida teoretica para Aristóteles constitui um ideal apenas acessivel aos deuses. Ao contrário de Heidegger, que refuta a posição de Aristóteles por causa do primado atribuido à vida teorética, mas se apropria da sua filosqfia prática, Gadamer pensa ser ainda possivel seguir Aristóteles, para o efeito apenas se exigindo uma redimensionação desse primado. Enfim, o artigo demonstra como, segundo Gadamer, aquilo que Aristoteles diz acerca da vida teorética pode, se correctamente entendido, ser aceite ainda hoje. (shrink)
This essay addresses the issue of the role of the intellectual within the tradition of the New Left. Four models for the relationship between theory and practice are offered, using prominent thinkers from different political cultures. One model argues that theorists should leave their cathedral and join social activists; the second contends that critical theory is itself a form of social activism; the third perceives the role of the intellectual as possessor of knowledge as power, arguing that intellectuals (...) actually serve to preserve the status quo; the fourth argues that the organic intellectual has a social role in refining and scrutinizing his society. The question remains whether it is possible to see the study of ideology as a scientific endeavor with no a priori normative role. (shrink)
If we adopt a virtue approach to epistemology, what form should the intellectual virtues take? In this paper, I argue that the proper structure of the intellectual virtues should be one that follows the tradition of internalism in epistemology. I begin by giving a general characterization of virtue epistemology and then define internalism within that framework. Arguing for internalism, I first consider the thought experiment of the new evil demon and show how externalist accounts of intellectual virtue, (...) though constructed to accommodate our intuitions in such cases, cannot fully do so. I further argue that only adopting an internalist structure of the virtues will provide intellectual virtues that appropriately mirror the structure of the classical moral virtues. Finally, I argue that only an internalist structure of the virtues can explain why the intellectual virtues are valuable in themselves. (shrink)
Drawing on Bernard Lonergan's Method in Theology (1972) I argue that theology can be taught because personal knowledge, of which it is an instance, is at the heart of academic inquiry; and it should be taught because critical engagement with basic ways of taking one's life as a whole (religion in a broad sense) furnishes a critique of the typical oversights of contemporary culture. The appropriation of one's subjectivity entails an awareness of an existential dialectic that pushes towards a decisive (...) option for affirming the possibility and worth of growth in one's powers of self-determination and self-transcendence. Thus conversion—precisely defined in terms of this dialectic—has moral and intellectual dimensions whose promotion goes to the heart of the academic enterprise. By separating out those disciplines (systematics, for example) which are mediated by the existential stance taken by the scholar, Lonergan allows theology to be seen as one world view among others. (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)
What are the intellectual origins of the ecological crisis? Which approach can offer an alternative? In the first part of this paper, I argue that the crisis was caused not by faith in reason as such, but instead by distortions of reason. Further, I consider the intellectual prerequisites for ecological destruction, the ultimate cause of which can be seen in the transitional state of our civilisation from a dependent to an interdependent mode of interaction with the biosphere. A (...) possible remedy to this can be the reconciliation of humankind with the biosphere by means of the Gestalt approach. (shrink)
A Critical Sense brings together, in their own words, the leading figures of contemporary radical theory. Moving freely between philosophy, politics and cultural studies, this book offers a fascinating overview of the lines of thought of today's intellectual left. Marxism, feminism, psychoanalysis and critical theory, literary studies, deconstruction, pragmatism, postcolonial and queer theory are discussed in a series of interviews from the journal Radical Philosophy . The intellectuals at the center of these debates are: Judith Butler, Cornelius Castoriadis, Drucilla (...) Cornell, Axel Honneth, Istvan Meszaros, Edward Said, Renata Salecl, Gayatri Chakravorty Spivak, Cornel West, and Slavoj Zizek. A Critical Sense will throw new, and often surprising, light on the intellectual debates of our time. (shrink)
Huang, Chun-chieh, Konfuzianismus: Kontinuität und Entwicklung: Studien zur chinesischen Geistesgeschichte (Confucianism: Continuity and Development: Studies in Chinese Intellectual History), Edited and translated by Stephan Schmidt Content Type Journal Article DOI 10.1007/s11712-010-9191-0 Authors Heiner Roetz, Faculty of East Asian Studies, Ruhr University, 44780 Bochum, Germany Journal Dao Online ISSN 1569-7274 Print ISSN 1540-3009 Journal Volume Volume 9 Journal Issue Volume 9, Number 4.
Against the Modern World is the first history of Traditionalism, an important yet surprisingly little-known twentieth-century anti-modern movement. Comprising a number of often secret but sometimes very influential religious groups in the West and in the Islamic world, it affected mainstream and radical politics in Europe and the development of the field of religious studies in the United States, touching the lives of many individuals. French writer Rene Guenon rejected modernity as a dark age and sought to reconstruct the Perennial (...) Philosophy - the central truths behind all the major world religions. Guenon stressed the urgent need for the West's remaining spiritual and intellectual elite to find personal and collective salvation in the surviving vestiges of ancient religious traditions. A number of disenchanted intellectuals responded to his call. In Europe, America, and the Islamic world, Traditionalists founded institutes, Sufi brotherhoods, Masonic lodges, and secret societies. Some attempted unsuccessfully to guide Fascism and Nazism along Traditionalist lines; others later participated in political terror in Italy. Traditionalist ideas were the ideological cement for the alliance of anti-democratic forces in post-Soviet Russia, and in the Islamic world entered the debate about the relationship between Islam and modernity. Although its appeal in the West was ultimately limited, Traditionalism has wielded enormous influence in religious studies, through the work of such Traditionalists as Ananda Coomaraswamy, Huston Smith, Mircea Eliade, and Seyyed Hossein Nasr. (shrink)
This paper considers the views of Alexander Dugin, a leading proponent of Eurasianism in contemporary Russia. The point of his teaching is the preservation of the traditional social/cultural make-up of each civilization. He also believes that the Russian Slavs together with the minorities of the Russian Federation constitute a quasi-unity of Eurasian civilization. He emphasizes that globalism, led by the USA, is a mortal threat to the cultural identity of Russia/Eurasia and all other civilizations. For this reason the USA and (...) Russia are locked in mortal conflict with one other. At the outset of his intellectual career, in post-Soviet Russia, Dugin believed that Putin would follow the Eurasian road. It would be wrong to see Dugin as an intellectual guru at the head of the post-Soviet elite. Still, his views are important, for they indicate the kinds of ideas that circulate in the minds of the Russian elite. (shrink)
How can we cultivate intellectual virtues in our students? I provide an overview of virtue epistemology, explaining two types of intellectual virtues: reliabilist virtues and responsibilist virtues. I suggest that both types are acquired via some combination of practice on the part of the student and explanation on the part of the instructor. I describe strategies for teaching these two types of virtues in the classroom, including an activity for teaching the skill of using the square of opposition, (...) and several activities that encourage students to practice open-minded acts, intellectually courageous acts, and the motivation for truth. (shrink)