Law and ethics or a sense of professional responsibility are not always aligned. A characterization of the disconnect falls into one of two broad categories. At times, the law may not go far enough in achieving an ethical or professional response, at other times the law goes too far and forecloses a response based on ethical principles or professional responsibility. In the instance of the latter, ownership or control rights often conflict with other rights such as access to information, privacy, (...) or a general sense of free speech. Where the law does not go far enough an opportunity arises for gentle intervention through education and awareness-raising. The law can, however, be said to align with principles or responsibility, and while not perfect leads to a more harmonious and desirable response. Along these three characterizations the role of the information intermediary such as a library or school is examined. In addition, the characterization is assessed in three subject areas: copyright, privacy, and free speech. The discussion results in further opportunity for reflection on the purpose and role of law and preferred or professional responses. (shrink)

This paper discusses basic concepts and recentdevelopments in intellectual property ownership in theUnited States. Various philosophical arguments havepreviously been put forward to support the creation andmaintenance of intellectual property systems. However, in an age of information, access toinformation is a critical need and should beguaranteed for every citizen. Any right of controlover the information, adopted as an incentive toencourage creation and distribution of intellectualproperty, should be subservient to an overriding needto ensure access to the information. The principlesunderlying intellectual property regimes (...) in the UnitedStates recognize and embody this. In addition, thephilosophical/ethical dimensions of this debate couldalso be structured to support this attitude as well. Intellectual property is fast becoming digitalproperty. New technologies allow owners to extendtheir control of both legitimate uses and misuses ofthe intellectual property. Recent trends demonstratethat the access principle has not always beenparamount in judicial or legislative applications. Thetrend rather is to allow a proprietarianism factor todominate the analysis. Finally, several principles areforwarded which would assist adjudicators and policymakers in reaffirming the basic purpose of theintellectual property law, which is to benefit thepublic at large. (shrink)

This article explores recent developments inthe regulation of Internet speech, inparticular, injurious or defamatory speech andthe impact the attempts at regulation arehaving on the `body' in the sense of theindividual person who speaks through the mediumof the Internet and upon those harmed by thatspeech. The article proceeds in threesections. First, a brief history of the legalattempts to regulate defamatory Internet speechin the United States is presented; a shortcomparative discussion of defamation law in theUK and Australia is included. As discussedbelow, this (...) regulation has altered thetraditional legal paradigm of responsibilityand, as a result, creates potential problems forthe future of unrestricted and even anonymousspeech on the Internet. Second, an ethicalassessment is made of the defamatory speechenvironment in order to determine which actorshave moral responsibility for the harm causedby defamatory speech. This moral assessment iscompared to the developing and anticipatedlegal paradigm to identify possible conformityof moral and legal tenants or to recognize theconflict between morality and law in assigningresponsibility to defamatory actors. Thisassessment then concludes with possiblesuggestions for changes in the legal climategoverning the regulation of defamatory speechon the Internet, as well as prediction of theresult should the legal climate continue todevelop on its present course. This is not tosuggest that all law, or even the law ofdefamation, be structured to reflect thesubjectivity of a moral construct, but since itis the authors position that the legalassignment of liability in online settings ismisaligned, this reflection can serve asbeginning reassessment of that assignment. (shrink)

As the National Information Infra- structure develops new avenues for information products and services will open. Creating, identifying and protecting the information market space is a critical component to the success of information product and service developments. As a result, the producers of those products and service seek to protect their proprietary interest in the underlying information. However, these actions have broader consequences: Attempts to extend legal protection to basic facts and other public domain information demonstrate that the public information (...) space is slowly being reduced. Reviewing several information controversies as case studies is fruitful. Not only for assessing current trends in information disputes (warfare) but can form the basis for establishing several predictors useful in determining when future information ownership controversies may develop and result in the loss of public information space. One set of predictors helps define the information controversy and is descriptive. The second set of predictors characterizes the marketplace environment. It provides further nuance to the economic factors that force information owners to seek legal remedy. Identifying instances where both models suggest a change in information rights or ownership is most likely to result in the critical loss of access to public information space. (shrink)

This article examines the possible basis for legal liability of researchers who use the Internet in the collection of research data. In particular, it examines the potential legal issues associated with the protocols of ethnographers who use listserv, discussion board, blog, chat room and other sorts of web or Internet-based postings as the source of their data. The author assumes that the forum for participation is legitimate, in that the list, board, blog, chat, etc. is not created or otherwise concocted (...) by the researcher, but involves situations akin to off-line practices where a researcher would be listening to the conversation or watching the behavior of subjects in a public place. Since these practices do not involve direct interview or interaction with or treatment of "human subjects", much of the precedent involving negligence, informed consent, and related issues is not relevant; however, it is reviewed initially for guidance in suggesting the applicable, legal standards of conduct. This article does not discuss the use of the Internet as a collection device, e.g., in online surveys. Issues of legal harm arising from claims in negligence, privacy, and defamation for subsequent disseimination of such postings are evaluated. Although it is concluded that the likelihood for a success of such claims is small, analysis will include steps that researchers can take to ensure that such risk remains negligible. (shrink)

RESUMEN Se aborda en particular su relectura de Aristóteles y Tomás de Aquino, junto con su análisis de algunas discusiones relevantes en las ciencias sociales. Según Macintyre, el abandono del aristotelismo y su esquema teleológico de la investigación filosófica y de la razón práctica ha generado confusión e incoherencia en las articulaciones conceptuales de la filosofía moral moderna y contemporánea. En opinión de este autor, en el concepto de tradición el presente es considerado una reapropiación del pasado, lo que brinda (...) coherencia a las argumentaciones. A los fines de este trabajo se opta por una aproximación a medio camino entre una metodología analítica y una historia conceptual basada en el reconocimiento de distintas discusiones de las cuales se nutren los conceptos macinteryanos. Finalmente, se valoran las contribuciones de Macintyre a la vez que se indican algunas limitaciones de su tesis. ABSTRACT The article specifically addresses Macintyre's rereading of Aristotle and Thomas Aquinas, as well as his analysis of certain relevant discussions in the social sciences. According to the author, abandoning Aristotelianism and its teleological scheme of philosophical research and practical reason has generated confusion and incoherence in the conceptual formulations of modern and contemporary moral philosophy. In Macintyre's view, the concept of tradition considers the present as a reappropriation of the past, thus bringing coherence to argumentation. For purposes of this paper, we have adopted an approach that is halfway between analytical methodology and conceptual history, based on the acknowledgment of different discussions that nurture Macintyre's concepts. Finally, the article assesses the philosopher's contributions, while also pointing out some of the limitations of his thesis. (shrink)

Se aborda en particular su relectura de Aristóteles y Tomás de Aquino, junto con su análisis de algunas discusiones relevantes en las ciencias sociales. Según MacIntyre, el abandono del aristotelismo y su esquema teleológico de la investigación filosófica y de la razón práctica ha generado confusión e incoherencia en las articulaciones conceptuales de la filosofía moral moderna y contemporánea. En opinión de este autor, en el concepto de tradición el presente es considerado una reapropiación del pasado, lo que brinda coherencia (...) a las argumentaciones. A los fines de este trabajo se opta por una aproximación a medio camino entre una metodología analítica y una historia conceptual basada en el reconocimiento de distintas discusiones de las cuales se nutren los conceptos macinteryanos. Finalmente, se valoran las contribuciones de MacIntyre a la vez que se indican algunas limitaciones de su tesis. (shrink)

The United States recognized intellectual property rights from its earliest days and included, in its constitution, a clause which expresses this, "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." These few words found in Article 1, Section 8, Clause 8 have grown into a massive body of laws that govern works that were unimaginable to Thomas Jefferson and his contemporaries. Our question (...) today is very simple: is the latest metamorphosis of copyright law, the Digital Millennial Copyright Act of 1998, prudent policy? Specifically, we are concerned with three issues which critics have raised regarding this act: chilling effects on fair use, suppression of innovation, and overreach. We will also touch on the criticism which stresses that the DMCA further expands a system which increasingly and unfairly favors the content industries. This will be limited to illustrating extant tensions between copyright owners and society and also the difficulties law faces in keeping pace with the current, rapid and overwhelming technological and cultural change. We rely primarily on leading cases to establish the impact on fair use and innovation or to demonstrate over reach. (shrink)

The papers read at the Semaine des Intellectuels Catholiques of 1958 are here gathered together in the eleventh volume of what is surely one of the most notable French series to appear since the war. Philosophy, history, science law and politics all provide their quota of savants to contribute to a symposium on nationalism viewed from the Christian standpoint. While the word nation can boast of a centuriesold usage not far removed from the modern meaning, the term nationalism first appears (...) at the end of the eighteenth century. For a century and a half it has been perhaps the greatest driving force in world history, and though many would hold that its race is now run in Europe, it is still only getting into its full stride in Africa and Asia. An ideology so alluring and obstinate certainly deserves the closest attention of contemporary Catholic thinkers. (shrink)

Dr. McCracken’s book is partly historical and partly analytical. It opens with as good a summary of Irish history from the founding of the Gaelic League in 1893 until the general election of 1918 as one could wish for. The resounding victory won by Sinn Féin in 1918 prepared the way for the first and second Dáil, whose membership is here analysed from the standpoints of age, religion, education and occupation with some interesting results. As the later parliaments are given (...) similar treatment we may use them here as a basis of comparison in our summary of Dr. McCracken’s results from 1919-21. (shrink)

We present a theoretical view of the cellular foundations for network-level processes involved in producing our conscious experience. Inputs to apical synapses in layer 1 of a large subset of neocortical cells are summed at an integration zone near the top of their apical trunk. These inputs come from diverse sources and provide a context within which the transmission of information abstracted from sensory input to their basal and perisomatic synapses can be amplified when relevant. We argue that apical amplification (...) enables conscious perceptual experience and makes it more flexible, and thus more adaptive, by being sensitive to context. Apical amplification provides a possible mechanism for recurrent processing theory that avoids strong loops. It makes the broadcasting hypothesized by global neuronal workspace theories feasible while preserving the distinct contributions of the individual cells receiving the broadcast. It also provides mechanisms that contribute to the holistic aspects of integrated information theory. As apical amplification is highly dependent on cholinergic, aminergic, and other neuromodulators, it relates the specific contents of conscious experience to global mental states and to fluctuations in arousal when awake. We conclude that apical dendrites provide a cellular mechanism for the context-sensitive selective amplification that is a cardinal prerequisite of conscious perception. (shrink)

The Continuous Parameter Estimation Model is applied to develop individual genomic-level heritabilities for the latent hierarchical structure and developmental dynamics of Life History (LH) strategy LH strategies relate to the allocations of bioenergetic resources into different domains of fitness. LH has moderate to high population-level heritability in humans, both at the level of the high-order Super-K Factor and the lower-order factors, the K-Factor, Covitality Factor, and General Factor of Personality (GFP). Several important questions remain unexplored. We developed measures of genome-level (...) heritabilities employing an American sample of 316 monozygotic (MZ) and 274 dizygotic (DZ) twin dyads and a Swedish sample of 863 MZ and 475 DZ twin dyads. This novel heritability index measures individual genetic transmissibility, therefore opening new avenues for analyzing complex interactions among heritable traits inaccessible to standard structural equations methods. For these samples: (1) moderate to high heritability of factor loadings of Super-K on its lower-order factors is demonstrated, evidencing biological preparedness, genetic accommodation, and the gene-culture coevolution of biased epigenetic rules of development; (2) moderate to high heritability of the magnitudes of the effect of the higher-order factors upon their loadings on their constituent factors, evidencing genetic constraints upon phenotypic plasticity; and (3) that heritability of the LH factors, of factor loadings, and of the magnitudes of the correlations among factors are weaker among those with slower LH speeds, demonstrating that inter-individual variation in transmissibility is a function of individual socioecological selection pressures. (shrink)

This article examines the pedagogic vision of audiovisual archives in Ici et ailleurs ( Here and Elsewhere, 1974/1978) (shot by Sonimage and drawn from the abandoned project Jusqu’à la Victoire [1970]) in terms of the stratification of images and sounds. Drawing on Gilles Deleuze and Michel Foucault, Tom Conley writes that a diagram that depends upon the division between the visible and the enunciable may be comprehended in terms of a map and as a line of forces. Such strata can (...) act as signposts for diverse and multilateral readings of film, as viewers “read” cinematic landscapes and time-images. In Ici et ailleurs, stratigraphic shots juxtapose the Western, static home life of a family in France with the nomadic life of Fedayeen troops in Jordan and Palestine. This article argues that Sonimage’s narrative specificity relies upon an “in-between” method that defines an inter-space between semantic orders. (shrink)

The articles included in this Volume represent a broad and highly qualified view on the present state of general relativity, quantum gravity, and their cosmological and astrophysical implications. As such, it may serve as a valuable source of knowledge and inspiration for experts in these fields, as well as an advanced source of information for young researchers. The occasion to gather together so many leading experts in the field was to celebrate the centenary of Einstein's stay in Prague in 1911-1912. (...) It was in fact during his stay in Prague that Einstein started in earnest to develop his ideas about general relativity that fully developed in his paper in 1915. Approaching soon the centenary of his famous paper, this volume offers a precious overview of the path done by the scientific community in this intriguing and vibrant field in the last century, defining the challenges of the next 100 years. The content is divided into four broad parts: (i) Gravity and Prague, (ii) Classical General Relativity, (iii) Cosmology and Quantum Gravity, and (iv) Numerical Relativity and Relativistic Astrophysics. (shrink)

In early April 1911 Albert Einstein arrived in Prague to become full professor of theoretical physics at the German part of Charles University. It was there, for the first time, that he concentrated primarily on the problem of gravitation. Before he left Prague in July 1912 he had submitted the paper "Relativität und Gravitation: Erwiderung auf eine Bemerkung von M. Abraham" in which he remarkably anticipated what a future theory of gravity should look like. At the occasion of the Einstein-in-Prague (...) centenary an international meeting was organized under a title inspired by Einstein's last paper from the Prague period: "Relativity and Gravitation, 100 Years after Einstein in Prague". The main topics of the conference included: classical relativity, numerical relativity, relativistic astrophysics and cosmology, quantum gravity, experimental aspects of gravitation, and conceptual and historical issues. The conference attracted over 200 scientists from 31 countries, among them a number of leading experts in the field of general relativity and its applications. This volume includes abstracts of the plenary talks and full texts of contributed talks and articles based on the posters presented at the conference. These describe primarily original results of the authors. Full texts of the plenary talks are included in the volume "General Relativity, Cosmology and Astrophysics--Perspectives 100 Years after Einstein in Prague", editions. J. Bičák and T. Ledvinka, published also by Springer Verlag. (shrink)

Critical congenital heart disease screening is rapidly becoming the standard of care in the United States after being added to the Recommended Uniform Screening Panel in 2011. Newborn screens typically do not require affirmative parental consent. In fact, most states allow parents to exempt their baby from receiving the required screen on the basis of religious or personally held beliefs. There are many ethical considerations implicated with allowing parents to exempt their child from newborn screening for CCHD. Considerations include the (...) treatment of religious exemptions in our current legal system, as well as medical and ethical principles in relation to the rights of infants. Although there are significant benefits to screening newborns for CCHD, when a parent refuses for religious or personal beliefs, in the case of CCHD screening, the parental decision should stand. (shrink)

Postdisciplinary Knowledge is the first book to articulate postdisciplinarity in philosophical, theoretical and methodological terms, helping to establish it as an important intellectual movement of the 21st century. It formulates what postdisciplinarity is, and how it can be implemented in research practice. The diverse chapters present a rich collection of highly creative thought-provoking essays and methodological insights. Written by a number of pioneering intellectuals with a range of backgrounds and research foci, these chapters cover a broad spectrum of areas demonstrating (...) alternative ways of producing knowledge. Essays are interspersed with dialogue, encouraging a comprehensive and engaging discussion on this emerging movement. Not limited to a specific field or discipline, this will be of great interest to upper level students and researchers in a wide range of subject areas, including: tourism, sociology, education, psychology, physiotherapy, fine arts, architecture and design, as well as those with a general interest in epistemology and methodology. (shrink)

This chapter describes the potential far‐reaching consequences of contemplative higher education for the fields of science and medicine.

El concepto de autopoiesis ha tenido un importante impacto en el ámbito de las ciencias sociales, en la filosofía y las humanidades en general. Algunos intelectuales contemporáneos han llevado a cabo una apropiación crítica del mismo y otrxs han realizado una traspolación directa desde la biología hacia sus respectivas disciplinas y campos de interés. El objetivo del presente artículo es desarrollar un estudio comparativo sobre ciertos usos críticos y no críticos del concepto de autopoiesis que, en su mayoría, hasta el (...) momento no han sido examinados en profundidad y menos aún de una manera comparativa. Se trata de trabajos de investigadorxs con recorridos, intereses y posiciones ético-políticas diversas: Terry Winograd y Fernando Flores, Arturo Escobar, Félix Guattari, Rosi Braidotti, Sylvia Wynter y Donna Haraway. (shrink)

In Heraclitus’ time, thymos and psyche carried highly similar or even identical meanings, because both could refer to life, courage, personality, emotions, and reason. Heraclitus probably worked with all of these meanings. He may have been partly inspired by Homer and post-Homeric literature, where the two terms were likewise placed side by side and often used interchangeably. In Heraclitus, thymos and psyche are not opposites in terms of signification. Oftentimes, they can be “swapped,” and their meaning and “costs” exchanged. The (...) source and cause of this special exchange is desiring or wanting (thelein), which connects all these senses but is also the source of conflict and fighting. Desire—regardless of what it is and what is desired—is simultaneously the acquisition of the desired object or person and a way of paying for it. This struggle for the desired object is difficult not only because of its consequences (the price), but also because it is not possible to permanently stop desiring, which is why this struggle cannot be brought to an end. (shrink)

According to informal logic, the possibilities of deductive logic as a tool for analysing and evaluating ordinary arguments are very limited. While I agree with this claim in general, I question it in the case of the argument from cause to effect. In this paper I first show, on the basis of carefully chosen examples, that we usually react differently to falsification of the conclusion of the argument from cause to effect than we do to the falsification of the conclusion (...) of other defeasible arguments. I then identify general conditions and assumptions under which the causal argument from cause to effect can be reconstructed as deductive. Finally, I compare the causal argument with the expert argument, which is a typical example of a defeasible argument in the narrower sense. (shrink)

Nursing is possible owing to a series of intricate systemic relations. Building on an established tradition of sociological research, we critically analysed the nursing profession in Chile, with an emphasis on its education system, in the light of social systems theory. The paper's aim was to explore basic characteristics of nursing education as a system, so as to outline its current evolution. Drawing on recent developments in nursing, we applied an empirical framework to identify and discuss functionally differentiated systems that (...) are relevant to nursing and observe communications between them. We found that the dynamics of nursing as a whole develop from communications with closely related systems, including the nursing profession and the education system more broadly. While the discipline (as a system of representations) strives to control the profession (as an applied occupational field), the necessities of practicing nurses imply other forces mediating the making of the profession, a process framed by market dynamics in education and health. (shrink)

Las 15 piezas que ahora lo conforman abrevan en la Historia, en confeciones personales y entrevistas, y mezclan la literatura y el periodismo de manera audaz y perfecta. Los protagonistas son hombres excepcionales y el momento que se ha elegido para contar son las visperas de sus muertes -tal vez el momento de mayor soledad y de mayor intimidad de un hombre. A traves de la magistral escritura de Tomas Eloy Martinez tenemos el privilegio de asistir a los ultimos (...) minutos de sus vidas, el momento previo a perderlo todo y cuando, resistiendo a la indiferencia del mundo, se suena con alguna inmortalidad. (shrink)

Erste Monografie über Franz Fickers Ästhetik. Die Ästhetik des institutionell wichtigsten Universitätsästhetikers der österreichischen Monarchie des Vormärz wird institutionell als Bestandteil der österreichischen Universitätspolitik und ideell als Bestandteil der Geschichte der mitteleuropäischen Ästhetik untersucht.

The most prominent Czech philosopher, Karel Kosík, makes a few hints to the Vienna Circle, Otto Neurath and "positivism" in his important book, DIALECTICS OF THE CONCRETE (1963). I mine these few remarks for a better understanding of the conflicts, as well as connections, between the social progressivism of the Vienna Circle and the later Marxist humanism.

The paper critically examines C.A.J. Coady's analysis of testimony, concentrating on his interpretation of the views of David Hume. The author tries to show that not only is Coady's interpretation of Hume inadequate, but that Hume's conception of testimony is in fact superior to that of Coady. Coady sees Hume as the originator of the individualistic, first-person, view of testimony, according to which the reports of other people must be confirmed on the basis of an individualistically interpreted perception. Coady argues (...) against the first-person view that it undermines the very possibility of communication. Drawing on the ideas of Davidson and Wittgenstein, he argues that a good many beliefs must be true for the communication to be possible. The author provides evidence that Hume was a third-person theorist himself, even if he did not think that the truth of the majority of beliefs must be presupposed. Moreover, Wittgenstein and perhaps Davidson are also Humean in their belief that it suffices for beliefs to be generally correct rather than true. (shrink)

El problema y debate sobre la disyunción de la filosofía y la clínica psicoanalítica es un fenómeno que ha traído diversas discusiones desde ambas aristas teóricas. En el presente documento se abordan algunas de las contribuciones más recientes al debate filosófico en implicancia con las modificaciones de la clínica psicoanalítica actual. Nuestro objetivo fue mediante un análisis documental con miramiento teóricocrítico contribuir al esclarecimiento de las herramientas fundamentales que la filosofía entrega a la modificación de la teoría y práctica psicoanalítica. (...) Para tal efecto, hemos trazado un recorrido histórico general a las modificaciones y argumentos que a lo largo de la historia del psicoanálisis hanido emergiendo. Finalmente, exponemos algunos de los debates y tesis pendientes de continuar explorando, en miras de la mixtura de los saberes y en beneficio de las reflexiones y análisis enfocados en la condición humana, cuestiones que tanto la filosofía como el psicoanálisis tienen como ejes centrales. (shrink)

This article explores the philosophy of Alain Badiou from the vantage point of the concepts of the localization, delocalization, and relocalization of the void as thematized through literary arts, religion, emancipatory politics, and the subject of psychoanalysis. In short, these moments around the void characterize the processes through which truth is processed and seen through their full realization by a philosophical engagement across the various conditions in which these truths occur. The localization of a void is the naming of an (...) indiscernible element that is incommensurable to the rubric of constructible knowledge, sense and meaning which could saturate the space of truth. Thus, the naming that localizes the void acts as a subtraction of the invariant in the variance of situation such that across various points in space and time, we are still able to subtract the universal as the invariant not just as the fidelity to the localized truth but also as the resurrection of truth upon its relocalization at a different place and a different time. At its core, this article is concerned with truth, why truth is persistent, and why we have to struggle to articulate the truth that we are trying to be faithful to again and again with each instance that truth risks being covered-over and obscured. (shrink)