The age of digital technology has introduced new complications into the issues of fair and private use of copyrighted material. In fact, the question of private use of another's work has been transformed from a side issue in intellectual property jurisprudence into the very center of intellectual property discussions about rights and privileges in a networked world. This paper will explore the nuanced difference between fair and private use as articulated in the US and the European Copyright Laws. Part One (...) will explain the legal use and meaning of fair use and its justifications. We maintain that it is almost impossible to resolve the issue of the fair/private use's legal nature, if one has not previously resolved copyright's legal nature. Legal resolution of such conflicts, as we shall demonstrate, follows different rules, and the messages sent to users and authors vary greatly depending on the jurisdiction. Part Two will examine the issue of Private Use as Fair Use by Design. We will look at the impact of Digital Rights Management on fair use and explore if the nature of private use as fair use has changed because we are dealing with the protection of digital content. We will show that protecting digital works by code, via various digital rights management schemes is shrinking the public domain of information and restricting private use as fair use. (shrink)

Within contemporary epistemology, notions of intellectual virtue have come to fulfill a prominent role in attempts to provide an account of knowledge. Notions of such virtue can vary, and one particular aspect of this variance concerns how to construe the relationship between the intellectual virtues and particular epistemic ends. The goal of this article is to defend an instrumental connection between the intellectual virtues and the epistemic end of true belief. One type of skeptical argument that attempts to sever this (...) connection, a Cartesian Demon argument, is considered. This Cartesian Demon argument will be summarized, as well as three responses to it. The claim that truth-conduciveness is a tenable criterion for identifying the intellectual virtues is then defended. It is acknowledged that the possibility of a Cartesian Demon does initiate scepticism, but that this scepticism is directed toward identifying specific intellectual virtues and not toward the instrumental connection between intellectual virtue and true belief. (shrink)

The tensions between monarchy and republicanism are a dominant feature of Machiavelli’s political works, and both the so-called ‘monarchical’ work, The Prince, and the more overtly republican Discourses laud the benefits of republicanism and warn against relying on hereditary monarchy. This article compares Machiavelli’s proposals, advanced in 1520, for a mixed constitution for the city of Florence with those of his younger compatriot, Donato Giannotti, who became secretary to the Ten in the last Florentine republican government of 1527-30. As the (...) historical context changed, and Florence progressed from republic to absolutist duchy under the later Medici, Giannotti was exiled from the city and the article examines how his proposed reforms of 1528 and then his major work, Della republica fiorentina, drafted and redrafted between 1531 and 1538 as the politics of Florence changed, reinforce and expand Machiavelli’s views of politico vivere in a republican polity like Florence whose constitution was being dramatically rewritten. (shrink)

Supporting children to successfully transition from primary to secondary school is of utmost importance for several reasons, including to prevent future emotional and behavioural problems. Level Up is a novel, UK-based intervention consisting of five online group sessions, straddling the summer holidays, and providing at-risk children and their parents/carers with skills to manage their behaviour, emotions, and relationships to support their transition to secondary school. A prior evaluation of Level Up reported a need to better describe the mechanisms of change. (...) This study therefore evaluated the experiences of children and their parents/carers regarding the facilitators and barriers to engagement and change, and the perceived impact. Fourteen children and 17 parents/carers were interviewed. Identified barriers and facilitators were: (1) Having a safe, supportive, and fun space, (2) Learning through connection, (3) A family approach, (4) Problematic group dynamics, and (5) Connecting through video calls. Perceived impact was described as: (1) Empowering children, (2) Supporting children socially, (3) Supporting parents and carers in their parenting role, and (4) Supporting a successful transition to secondary school. Another theme (5) describes some families’ experiences of limited impact. These findings can be used to better understand how to support children in their school transition. (shrink)

The literature on ‘institutional corruption’ has paradoxically missed what seems a central application of this expression, its application to institutions that are corrupt. In this article, I defend a view of what it is for an institution to be corrupt, in terms of the motivation of the institution’s rules. If an individual office-holder or role-occupant is corrupt when their actions are improperly motivated by private gain, then an institution is corrupt when the same can be said of its rules: the (...) institution’s rules are improperly motivated by private gain. Or if we should prefer a narrower account of corrupt conduct by individuals, as necessarily involving transactions with third parties, a correspondingly narrower account of an institution’s corruptness can also be given. Under either of these versions of my view, an institution’s being corrupt is to be distinguished from something else that might be called ‘institutional corruption’, namely the corruption of institutions, in the sense of their being degraded or undermined. I argue that some of the literature’s best-known accounts of ‘institutional corruption’ are best interpreted as being about the degrading of institutions, rather than about what it is for an institution to be corrupt. (shrink)

O texto busca refletir criticamente sobre alguns fenômenos sociais contemporâneos, fortemente imbricados, notadamente as tendências contemporâneas de entrincheiramento e achatamento do eu; o reforço da iconomania e da compulsiva produção de avatares de si, em meio a bolhas narcísicas digitais, franqueadas pelas recentes tecnologias de informação e comunicação; e a virtual destruição da intimidade e da privacidade, diante da emergência de panópticos digitais e da vigilância algorítmica. Para tanto, toma-se como ponto de partida proposições apresentadas por Christopher Lasch em sua (...) obra _The Minimal Self: Psychic Survival in Troubled Times_, publicada originalmente em 1984, em particular a própria noção de mínimo eu, as quais são, então, entretecidas com argumentos de Christophe Dejours, Günther Anders, Theodor Adorno, Hebert Marcuse, Jonathan Crary, entre outros. Em acréscimo, busca-se salientar a ancoragem desses processos à hodierna dinâmica de acumulação de capital, a partir da crítica da economia política, perspectiva que atravessa todo o texto, bem como assinalar a atualidade do pensamento de Lasch. (shrink)

The requirement of gauge invariance for the Schwinger-DeWitt equations, interpreted as a manifestly covariant quantum theory for the evolution of a system in spacetime, implies the existence of a five-dimensional pre-Maxwell field on the manifold of spacetime and “proper time” τ. The Maxwell theory is contained in this theory; integration of the field equations over τ restores the Maxwell equations with the usual interpretation of the sources. Following Schwinger's techniques, we study the Green's functions for the five-dimensional hyperbolic field equations (...) for both signatures ± [corresponding to O(4, 1) or O(3, 2) symmetry of the field equations] of the proper time derivative. The classification of the Green's functions follows that of the four-dimensional theory for “massive” fields, for which the “mass” squared may be positive or negative, respectively. The Green's functions for the five-dimensional field are then given by the Fourier transform over the “mass” parameter. We derive the Green's functions corresponding to the principal part ΔP and the homogeneous function Δ 1 ; all of the Green's functions can be expressed in terms of these, as for the usual field equations with definite mass. In the O(3, 2) case, the principal part function has support for x2⩾τ2, corresponding to spacelike propagation, as well as along the light cone x2=0 (for τ=0). There can be no transmission ofinformation in spacelike directions, with this propagator, since the Maxwell field, obtained by integration over τ, does not contain this component of the support. Measurements are characterized by such an integration. The spacelike field therefore can dynamically establish spacelike correlations. (shrink)

Prison work creates ethical challenges for which a training program was initiated for Dutch prison staff to foster their Moral Craftsmanship (MCS). The concept of MCS is not yet defined and operationalized in literature. This explorative study aims to 1) define MCS, 2) identify conceptual elements of MCS, and 3) develop a measurement tool for MCS. A document and literature study provided input for the definition and selection of conceptual elements related within DCIA policy documents, identifying three conceptual levels of (...) MCS: individual (cognition, attitude, and actions), team, and leadership. This first MCSQ consists of seventy-one items distributed across the domains: values and norms, judgment and reasoning, consultation, implementation, looking back, interactions, and leadership. We tested its usability via ‘think-aloud interviews.’ Validation of the current version of the MCS-Questionnaire and consensus among experts about what to include or exclude in the concept of MCS are needed for further development. (shrink)

If the a priori is the proper subject matter of transcendental philosophy, then the problems of the a priori are also problems for transcendental philosophy. the idea that defines transcendental philosophy is the idea that there are stable general structures which are discernible in experience, provide the foundations of our knowledge of it, and collectively constitute an a priori which transcends experience and informs it. the a priori is traditionally conceived as a nexus of relations which is held to be (...) logically/temporally prior to experience and responsible for its organization. in this essay, i challenge this traditional (kantian) understanding of the a priori and set forth an alternative to it based on the writings of maurice merleau-ponty. the intent is to provide a new conception of transcendental philosophy. (shrink)

Today's modern car is an assemblage of mechanical and digital components, of metal panels that comprise its structure and silicon chips that run its functions. Communication and information studies scholars have interrogated the problematic aspects of the programs that run those functions, revealing serious issues surrounding privacy and security, worker surveillance, and racial, gendered, and class-based bias. This article contributes to that work by taking a step back and asking about the issues inherent not in the software running on these (...) chips, but on the microchips themselves. Using the lens of “chipification”—the process by which a device is rendered capable of reading and processing data through the embedding of microchips—this article explores how the integration of microchips also involves processes that are often borne from, replicate, or create troubling power dynamics of their own. It takes light-duty passenger vehicles as a case study into how chipification is radically reshaping such processes as resource allocation, labor flows, and cultural practices around car manufacture, use, repair, and modification. By naming the process of chipification, this article allows researchers to identify and analyze the ways that integrating data processing capabilities into everyday devices is not a frictionless practice, but rather one that implicates a variety of power dynamics within these massive industries. (shrink)

M. C. Dillon was widely regarded as a world-leading Merleau-Ponty scholar. His book Merleau-Ponty’s Ontology is recognized as a classic text that revolutionized the philosophical conversation about the great French phenomenologist. Dillon followed that book with two others: Semiological Reductionism, a critique of early-1990s linguistic reductionism, and Beyond Romance, a richly developed theory of love. At the time of his death, Dillon had nearly completed two further books to which he was passionately committed. The first one offers a highly original (...) interpretation of Nietzsche’s ontology of becoming. The second offers a detailed ethical theory based on Merleau-Ponty’s account of carnal intersubjectivity. The Ontology of Becoming and the Ethics of Particularity collects these two manuscripts written by a distinguished philosopher at the peak of his powers—manuscripts that, taken together, offer a distinctive and powerful view of human life and ethical relations. (shrink)

A class K of structures is controlled if for all cardinals λ, the relation of L∞,λ-equivalence partitions K into a set of equivalence classes . We prove that no pseudo-elementary class with the independence property is controlled. By contrast, there is a pseudo-elementary class with the strict order property that is controlled 69–88).

Le XI.ème Congrès International de Philosophie Médiévale de la Société Internationale pour l’Étude de la Philosophie Médiévale (S.I.E.P.M..) s’est déroulé à Porto (Portugal), du 26 au 30 août 2002, sous le thème général: Intellect et Imagination dans la Philosophie Médiévale. A partir des héritages platonicien, aristotélicien, stoïcien, ou néo-platonicien (dans leurs variantes grecques, latines, arabes, juives), la conceptualisation et la problématisation de l’imagination et de l’intellect, ou même des facultés de l’âme en général, apparaissaient comme une ouverture possible pour aborder (...) les principaux points de la pensée médiévale. Les Actes du congrès montrent que « imagination » et « intellect » sont porteurs d’une richesse philosophique extraordinaire dans l’économie de la philosophie médiévale et de la constitution de ses spécificités historiques. Dans sa signification la plus large, la théorisation de ces deux facultés de l’âme permet de dédoubler le débat en au moins six grands domaines: — la relation avec le sensible, où la fantaisie/l’imagination joue le rôle de médiation dans la perception du monde et dans la constitution de la connaissance ; — la réflexion sur l’acte de connaître et la découverte de soi en tant que sujet de pensée ; — la position dans la nature, dans le cosmos, et dans le temps de celui qui pense et qui connaît par les sens externes, internes et par l’intellect ; — la recherche d’un fondement pour la connaissance et l’action, par la possibilité du dépassement de la distante proximité du transcendant, de l’absolu, de la vérité et du bien ; — la réalisation de la félicité en tant qu’objectif ultime, de même que la découverte d’une tendance au dépassement actif ou mystique de toutes les limites naturelles et des facultés de l’âme ; — la constitution de théories de l’image, sensible ou intellectuelle, et de ses fonctions. Les 3 volumes d’Actes incluent les 16 leçons plénières et 112 communications, ainsi que les index correspondants (manuscrits ; noms anciens et médiévaux ; noms modernes ; auteurs). Le volume IV des Actes, contenant 39 communications et des index, est publié par la revue " Mediaevalia. Textos e Estudos ", du Gabinete de Filosofia Medieval de l’Universidade do Porto (volume 23, de 2004). Ouvrage publié avec l’appui de l’Universidade do Porto, de la Faculdade de Letras da U.P., du Departamento de Filosofia - F.L.U.P. et de la Fundação para a Ciência e a Tecnologia (Portugal). (shrink)

Originally published in 1988, M.C. Dillon's classic study of Merleau-Ponty is now available in a revised second edition containing a new preface and a new chapter on "Truth in Art." Dillon's thesis is that Merleau-Ponty has developed the first genuine alternative to ontological dualism seen in Western philosophy. From his early work on the philosophical significance of the human body to his later ontology of flesh, Merleau-Ponty shows that the perennial problems growing out of dualistic conceptions of mind and body, (...) subject and object, immanence and transcendence can be resolved within the framework of a new way of thinking based on the exemplar of the worldly embodiment of thought. (shrink)

We give an example of a countable theory $T$ such that for every cardinal $\lambda \geq \aleph_2$ there is a fully indiscernible set $A$ of power $\lambda$ such that the principal types are dense over $A$, yet there is no atomic model of $T$ over $A$. In particular, $T$ is a theory of size $\lambda$ where the principal types are dense, yet $T$ has no atomic model.

This article analyzes US drone operations through a historical and ethnographic analysis of the remote split paradigm used by the US Air Force. Remote split refers to the globally distributed command and control of drone operations and entails a network of human operators and analysts in the Middle East, Europe, and Southeast Asia as well as in the continental United States. Though often viewed as a teleological progression of “unmanned” warfare, this paper argues that historically specific technopolitical logics establish the (...) conditions of possibility for the work of war to be divisible into discreet and computationally mediated tasks that are viewed as effective in US military engagements. To do so, the article traces how new forms of authorized evidence and expertise have shaped developments in military operations and command and control priorities from the Cold War and the “electronic battlefield” of Vietnam through the Gulf War and the conflict in the Balkans to contemporary deployments of drone operations. The article concludes by suggesting that it is by paying attention to divisions of labor and human–machine configurations that we can begin to understand the everyday and often invisible structures that sustain perpetual war as a military strategy of the United States. (shrink)

Because of cultural differences between East and West, any attempt at outright adaptation of Western ideas in Asia will undoubtly encounter problems, if not rejection. Transferring an idea from one place to another is just like transplanting an organ from a donor to a recipient—rejection is to be expected. Human cultures respond to new ideas from different value systems in very much the same way.Recently, biomedical ethics has received much attention in Asia. Fundamental advances in medicine have motivated medical scientists (...) to look at the ethical issues arising from this progress. Will the principles upheld by the bioethicists in the West meet the challenge in Asia? This article argues that Asian bioethicists must develop a bioethics responding to their own cultural contexts. If Western principles are adopted, then they must be re-interpreted and even modified, if necessary, in light of Asian beliefs. (shrink)

A new human life comes into being not when there is mere cellular life in a human embryo, but when the newly developing body organs and systems begin to function as a whole, the author argues. This is symmetrical with the dealth of an existing human life, which occurs when its organs and systems have permanently ceased to function as a whole. Thus a new human life cannot begin until the development of a functioning brain which has begun to co-ordinate (...) and organise the activities of the body as a whole. (shrink)

This commentary argues against the indictment of current experimental practices such as piecemeal testing, and the proposed integrated experiment design (IED) approach, which we see as yet another attempt at automating scientific thinking. We identify a number of undesirable features of IED that lead us to believe that its broad application will hinder scientific progress.

Stanley, M.C., A Π12 singleton incompatible with 0#, Annals of Pure and Applied Logic 66 27–88. A non-constructible Π12 singleton that is absolute for ω-models of ZF is produced by class forcing over the minimum model.

This volume sheds light on still unexplored issues and raises new questions in the main areas addressed by the philosophy of science. Bringing together selected papers from three main events, the book presents the most advanced scientific results in the field and suggests innovative lines for further investigation. It explores how discussions on several notions of the philosophy of science can help different scientific disciplines in learning from each other. Finally, it focuses on the relationship between Cambridge and Vienna in (...) twentieth century philosophy of science. The areas examined in the book are: formal methods, the philosophy of the natural and life sciences, the cultural and social sciences, the physical sciences, and the history of the philosophy of science. (shrink)

Physicians have an ethical responsibility to their patients to offer the best available medical care. This responsibility conflicts with their role as gatekeepers of the limited health care resources available for all patients collectively. It is ethically untenable to expect doctors to face this trade-off during each patient encounter; the physician cannot be expected to compromise the wellbeing of the patient in the office in favour of anonymous patients elsewhere. Hence, as in other domains of public policy where individual and (...) collective interests conflict, some form of collective solution is required. Collective solutions may take the form of placing explicit resource constraints on resources available to physicians, or clinical practice guidelines that recognise cost-effective care as acceptable. Such solutions will be politically and ethically sustainable only if patients as citizens of the larger population accept the need for rationing of limited resources in health care. (shrink)

Fibring has been shown to be useful for combining logics endowed withtruth-functional semantics. However, the techniques used so far are unableto cope with fibring of logics endowed with non-truth-functional semanticsas, for example, paraconsistent logics. The first main contribution of thepaper is the development of a suitable abstract notion of logic, that mayalso encompass systems with non-truth-functional connectives, and wherefibring can still be dealt with. Furthermore, it is shown that thisextended notion of fibring preserves completeness under certain reasonableconditions. This completeness transfer (...) result, the second main contributionof the paper, generalizes the one established in Zanardo et al. (2001) butis obtained using new techniques that explore the properties of a suitablemeta-logic (conditional equational logic) where the (possibly)non-truth-functional valuations are specified. The modal paraconsistentlogic of da Costa and Carnielli (1988) is studied in the context of this novel notionof fibring and its completeness is so established. (shrink)

Despite the many successes of the relativistic quantum theory developed by Horwitz et al., certain difficulties persist in the associated covariant classical mechanics. In this paper, we explore these difficulties through an examination of the classical. Coulomb problem in the framework of off-shell electrodynamics. As the local gauge theory of a covariant quantum mechanics with evolution paratmeter τ, off-shell electrodynamics constitutes a dynamical theory of ppacetime events, interacting through five τ-dependent pre-Maxwell potentials. We present a straightforward solution of the classical (...) equations of motion, for a test event traversing the field induced by a “fixed” event (an event moving uniformly along the time axis at a fixed point in space). This solution is seen to be unsatisfactory, and reveals the essential difficulties in the formalism at the classical levels. We then offer a new model of the particle current—as a certain distribution of the event currents on the worldline—which eliminates these difficulties and permits comparison of classisical off-shell electrodynamics with the standard Maxwell theory. In this model, the “fixed” event induces a Yukawa-type potential, permitting a semiclassical identification of the pre-Maxwell time scale λ with the inverse mass of the intervening photon. Numerical solutions to the equations of motion are compared with the standard Maxwell solutions, and are seen to coincide when λ≳10−6 seconds, providing an initial estimate of this parameter. It is also demonstrated that the proposed model provides a natural interpretation for the photon mass cut-off required for the renormalizability of the off-shell quantum electrodynamics. (shrink)

The first part of this paper examines the practice of informed treatment decisions in the protective medical system in China today. The second part examines how health care professionals in China perceive and carry out their responsibilities when relaying information to vulnerable patients, based on the findings of an empirical study that I had undertaken to examine the moral experience of nurses in practice situations. In the Chinese medical ethics tradition, refinement [jing] in skills and sincerity [cheng] in relating to (...) patients are two cardinal virtues that health care professionals are required to possess. This notion of absolute sincerity carries a strong sense of parental protectiveness. The empirical findings reveal that most nurses are ambivalent about telling the truth to patients. Truth-telling would become an insincere act if a patient were to lose hope and confidence in life after learning of his or her disease. In this system of protective medical care, it is arguable as to whose interests are being protected: the patient, the family or the hospital. I would suggest that the interests of the hospital and the family members who legitimately represent the patient's interests are being honoured, but at the expense of the patient's right to know. (shrink)

The effects of school inspections on school improvement have been investigated only to a limited degree. The investigation reported on in this article is meant to expand our knowledge base regarding the impact of school inspections on school improvement. The theoretical framework for this research is partly based on the policy theory behind the Dutch Educational School Supervision Act (the latter includes assumptions about how school inspections lead to school improvement). Interviews and a survey with school inspectors gave insight into (...) how school inspectors implement the Supervision Act and how they assess schools, and stimulate schools to improve. The results of ten case studies showed that all schools started to improve after a school visit. The innovation capacity of the school and the school environment do not seem to contribute to school improvement after school inspections. No effects were found on school-improvement processes of the number of insufficient scores that schools received from inspectors, the extent of feedback and suggestions for improvement, and the number of agreements. The provision of feedback about weaknesses, the assessment of these weak points as unsatisfactory, and the agreements between an inspector and the school regarding improvement activities do appear to make a difference in promoting school improvement. (shrink)

In the context of a covariant mechanics with Poincaré-invariant evolution parameter τ, Sa'ad, Horwitz, and Arshansky have argued that for the electromagnetic interaction to be well posed, the local gauge function of the field should include dependence on τ, as well as on the spacetime coordinates. This requirement of full gauge covariance leads to a theory of five τ-dependent gauge compensation fields, which differs in significant aspects from conventional electrodynamics, but whose zero modes coincide with the Maxwell theory. The pre-Maxwell (...) fields may exchange mass with charged particles, permitting pair annihilation even at the classical level. The total mass-energy-momentum tensor of the fields and particles is conserved. The Green's functions for the fields provide spacelike and timelike support for correlations, as well as lightlike propagation. A τ-integration of the fields—singling out the massless photons—recovers the standard Maxwell theory, which then has the character of an equilibrium limit of the underlying microscopic dynamics. The pre-Maxwell theory also turns out to be the solution of the inverse problem in variational mechanics: it is shown to be the most general local gauge theory consistent with unconstrained commutation relations in four dimensions. Posed in this framework, the extension to n-dimensions, curved background space, and non-abelian gauge symmetry becomes straightforward. (shrink)

This paper examines the Stark effect, as a first order perturbation of manifestly covariant hydrogen-like bound states. These bound states are solutions to a relativistic Schrödinger equation with invariant evolution parameter, and represent mass eigenstates whose eigenvalues correspond to the well-known energy spectrum of the nonrelativistic theory. In analogy to the nonrelativistic case, the off-diagonal perturbation leads to a lifting of the degeneracy in the mass spectrum. In the covariant case, not only do the spectral lines split, but they acquire (...) an imaginary part which is linear in the applied electric field, thus revealing induced bound state decay in first order perturbation theory. This imaginary part results from the coupling of the external field to the non-compact boost generator. In order to recover the conventional first order Stark splitting, we must include a scalar potential term. This term may be understood as a fifth gauge potential, which compensates for dependence of gauge transformations on the invariant evolution parameter. (shrink)

In this article, we present results from a literature review of intrinsic, instrumental, and relational values of nature conducted for the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, as part of the Methodological Assessment of the Diverse Values and Valuations of Nature. We identify the most frequently recurring meanings in the heterogeneous use of different value types and their association with worldviews and other key concepts. From frequent uses, we determine a core meaning for each value type, which is (...) sufficiently inclusive to serve as an umbrella over different understandings in the literature and specific enough to help highlight its difference from the other types of values. Finally, we discuss convergences, overlapping areas, and fuzzy boundaries between different value types to facilitate dialogue, reduce misunderstandings, and improve the methods for valuation of nature's contributions to people, including ecosystem services, to inform policy and direct future research. © 2023 The Author(s). Published by Oxford University Press on behalf of the American Institute of Biological Sciences. (shrink)