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

Imagination has been assigned an important explanatory role in a multitude of philosophical contexts. This paper examines four such contexts: mindreading, pretense, our engagement with fiction, and modal epistemology. Close attention to each of these contexts suggests that the mental activity of imagining is considerably more heterogeneous than previously realized. In short, no single mental activity can do all the explanatory work that has been assigned to imagining.

What is consciousness and why is it so philosophically and scientifically puzzling? For many years philosophers approached this question assuming a standard physicalist framework on which consciousness can be explained by contemporary physics, biology, neuroscience, and cognitive science. This book is a debate between two philosophers who are united in their rejection of this kind of "standard" physicalism - but who differ sharply in what lesson to draw from this. Amy Kind defends dualism 2.0, a thoroughly modern version of dualism (...) (the theory that there are two fundamentally different kinds of things in the world: those that are physical and those that are mental) decoupled from any religious or non-scientific connotations. Daniel Stoljar defends non-standard physicalism, a kind of physicalism different from both the standard version and dualism 2.0. The book presents a cutting-edge assessment of the philosophy of consciousness and provides a glimpse at what the future study of this area might bring. (shrink)

Does critical theory still need psychoanalysis? In Critique on the Couch, Amy Allen offers a cogent and convincing defense of its ongoing relevance. Countering the overly rationalist and progressivist interpretations of psychoanalysis put forward by contemporary critical theorists such as Jürgen Habermas and Axel Honneth, Allen argues that the work of Melanie Klein offers an underutilized resource. She draws on Freud, Klein, and Lacan to develop a more realistic strand of psychoanalytic thinking that centers on notions of loss, negativity, ambivalence, (...) and mourning. Far from leading to despair, such an understanding of human subjectivity functions as a foundation of creativity, productive self-transformation, and progressive social change. At a time when critical theorists are increasingly returning to psychoanalytic thought to diagnose the dysfunctions of our politics, this book opens up new ways of understanding the political implications of psychoanalysis while preserving the progressive, emancipatory aims of critique. (shrink)

Imagination is celebrated as our vehicle for escape from the mundane here and now. It transports us to distant lands of magic and make-believe, and provides us with diversions during boring meetings or long bus rides. Yet the focus on imagination as a means of escape from the real world minimizes the fact that imagination seems also to furnish us with knowledge about it. Imagination seems an essential component in our endeavor to learn about the world in which we live--whether (...) we're planning for the future, aiming to understand other people, or figuring out whether two puzzle pieces fit together. But how can the same mental power that allows us to escape the world as it currently is also inform us about the world as it currently is? Ten original essays grapple with this neglected question; in doing so, they present a diverse array of positions ranging from cautious optimism to deep-seated pessimism. Blending perspectives from philosophy of mind, cognitive science, epistemology, aesthetics, and ethics, Knowledge Through Imagination sheds new light on the epistemic role of imagination. (shrink)

The puzzle of imaginative desire arises from the difficulty of accounting for the surprising behaviour of desire in imaginative activities such as our engagement with fiction and our games of pretend. Several philosophers have recently attempted to solve this puzzle by introducing a class of novel mental states—what they call desire-like imaginings or i-desires. In this paper, I argue that we should reject the i-desire solution to the puzzle of imaginative desire. The introduction of i-desires is both ontologically profligate and (...) unnecessary, and, most importantly, fails to make sense of what we are doing in the imaginative contexts in question. (shrink)

Though philosophers such as Wittgenstein and Sartre have dismissed imagination as epistemically irrelevant, this chapter argues that there are numerous cases in which imagining can help to justify our contingent beliefs about the world. The argument proceeds by the consideration of case studies involving two particularly gifted imaginers, Nikola Tesla and Temple Grandin. Importantly, the lessons that we learn from these case studies are applicable to cases involving less gifted imaginers as well. Though not all imaginings will have justificatory power, (...) the chapter shows how the sorts of cases in which imagining plays an epistemic role can be easily distinguished from the sorts of cases in which it does not. (shrink)

According to representationalism, the phenomenal character of a mental state reduces to its intentional content. Although representationalism seems plausible with respect to ordinary perceptual states, it seems considerably less plausible for states like moods. Here the problem for representationalism arises largely because moods seem to lack intentional content altogether. In this paper, I explore several possible options for identifying the intentional content of moods and suggest that none of them is wholly satisfactory. Importantly, however, I go on to argue that (...) the plausibility of representationalism should not be seen to rest on the question of whether moods have intentional content but rather on the question of whether the intentional content of moods, were there any, would be sufficient to determine their phenomenal character. As I argue, even if we concede to the representationalist that moods have intentional content, their phenomenal character outstrips their intentional content; thus, the representationalist reduction cannot succeed. Ultimately, then, I conclude that moods do indeed pose a serious objection to the representationalist theory. (shrink)

A longstanding problem with the study of empathy is the lack of a clear and agreed upon definition. A trend in the recent literature is to respond to this problem by advancing a broad and all-encompassing view of empathy that applies to myriad processes ranging from mimicry and imitation to high-level perspective taking. I argue that this response takes us in the wrong direction and that what we need in order to better understand empathy is a narrower conceptualization, not a (...) broader one. I propose that empathy be conceptualized as a complex, imaginative process through which an observer simulates another person's situated psychological states while maintaining clear self–other differentiation. I defend my view through an examination of three processes: emotional contagion, a process of self-oriented perspective taking that I call “pseudo-empathy,” and empathy proper. Drawing on recent findings in social neuroscience, I highlight the differences among these processes and discuss conceptual, empirical, and normative reasons for keeping them theoretically and conceptually distinct. (shrink)

Our ordinary conception of imagination takes it to be essentially a conscious phenomenon, and traditionally that’s how it had been treated in the philosophical literature. In fact, this claim had often been taken to be so obvious as not to need any argumentative support. But lately in the philosophical literature on imagination we see increasing support for the view that imagining need not occur consciously. In this paper, I examine the case for unconscious imagination. I’ll consider four different arguments that (...) we can find in the recent literature—three of which are based on cases and one that is based on considerations relating to action guidance. To my mind, none of these arguments is successful. I conclude that the case for postulating unconscious imagining has not yet been well motivated. (shrink)

This essay develops a concept of curiotization, through which people are reduced to a curio for the fascination of others. I argue that trans people as they have appeared in media, philosophy, and narratives of history are curiotized as forever fascinating, new, titillating, and controversial. In contrast to the narrative of momentous trans progress in the mid-2010s, I point out that frameworks such as the "Transgender Tipping Point" worked to position its "trans moment" as unprecedented and always on the threshold (...) of arrival. To work through a specific example, I point to decades of renewed fascination over trans women being capable of breastfeeding and the long history of trans fascination in popular music. I conclude by emphasizing the obscured world-historical presence of transsexuality as it coincides with the history of pharmaceuticals, hormone technologies, and birth control. In contrast to a "goldfish memory optics" through which trans people become eternally new, fascinating, and debatable, I stress the importance of restoring the complexity of "trans" and its histories back into an understanding of the present. (shrink)

Introduction -- Karl Marx's concept of alienation -- Objectification, alienation, and estrangement -- Other origins of alienation and objectification -- Marx's account of alienation : from early to late -- The alienated object of production : commodity fetishism -- The alienated means of production : machine fetishism -- Machines and the transformation of work -- Marx's energeticist turn -- The first law of thermodynamics -- From arbeit to arbeitskraft -- The second law of thermodynamics -- Machines in the communist future (...) -- Technology and the boundaries of nature -- Material wealth and value : the Grundrisse's fragment on machines -- The strife between technology and capital : the fall in the rate of profit -- Enjoyment not value : challenging the logic of exhaustion -- Man himself as fixed capital -- Class kinship and the redistribution of the means of production -- Machines in the capitalist reality -- Between thermodynamics and humanism : approaching capital -- Machinery as an historical category of production -- Machines, trains, and other capitalist monsters -- Rough, foul-mouthed boys : women's monstrous laboring bodies -- Wage labor and race -- Wage labor and sexuality -- Machinery and revolution -- Alienation beyond Marx -- Science and technology in Marx's excerpt notebooks -- Karl Marx and Charles Babbage -- Machines and temporality : the treadmill effect and free time -- Technophobia and technophilia -- Technophobia and twentieth-century theory. (shrink)

This paper argues that feminists have yet to develop a satisfactory account of power. Existing feminist accounts of power tend to have a one-sided emphasis either on power as domination or on power as empowerment. This conceptual one-sided-ness must be overcome if feminists are to develop an account complex enough to illuminate women's diverse experiences with power. Such an account is sketched here.

The global COVID‐19 pandemic challenged the world—how it functions, how people move in the social worlds and how government/government services and people interact. Health services, operating under the principles of new public management, have undertaken rapid changes to service delivery and models of care. What has become apparent is the mechanisms within which contemporary health services operate and how services are not prioritising the person at the centre of care. Person‐centred care (PCC) is the philosophical premise upon which models of (...) health care are developed and implemented. Given the strain that COVID‐19 has placed on the health services and the people who deliver the care, it is essential to explore the tensions that exist in this space. This article suggests that before the pandemic, PCC was largely rhetoric, and rendered invisible during the pandemic. The paper presents an investigation into the role of PCC in these challenging times, adopting a Foucauldian lens, specifically governmentality and biopolitics, to examine the policies, priorities and practical implications as health services pivoted and adapted to changing and acute demands. Specifically, this paper draws on the Australian experience, including shifting nursing workforce priorities and additional challenges resulting from public health directives such as lockdowns and limitations. The findings from this exploration open a space for discussion around the rhetoric of PCC, the status of nurses and that which has been lost to the pandemic. (shrink)

This study focuses on the determinants of political strategies used by U.S. multinationals (MNCs) in Europe. Empirical support is found for Hillman and Hitt’s taxonomy of political decisions—that is, approach, participation level, and strategy. The role of institutional- versus firm-level variable determinants of these choices is explored as are the relative effects of firm versus industry variables within differing political contexts. Results based on a survey sample of 169 U.S. MNC subsidiaries within 14 European countries support the finding that both (...) institutional- and firm-level variables are important determinants of political strategy approach, participation level, and strategy. (shrink)

This book answers both the 'what' and the 'why' question raised by indexical shift in crosslinguistic perspective. What are the possible profiles of an indexical shifting language, and why do we find these profiles and not various equally conceivable others? Drawing both from the literature (published and unpublished) and from original fieldwork on the language Nez Perce, Amy Rose Deal puts forward several major generalizations about indexical shift crosslinguistically and present a theory that attempts to explain them. This account has (...) consequences for the way we think about the semantics of attitude verbs, the nature of contexts, the typology of first person, and the relationship between indexicals and logophors, of course along with numerous consequences for the analysis of particular languages (e.g. Nez Perce, Uyghur, Korean, English, Zazaki, Amharic, Mishar Tatar). The book contains numerous glossed examples from a range of languages (including a detailed description of Nez Perce indexical shift, based on original fieldwork, as described above); a bibliography; and an appendix providing grammatical background about Nez Perce. (shrink)

To what extent are countability distinctions subject to systematic semantic variation? Could there be a language with no countability distinctions—in particular, one where all nouns are count? I argue that the answer is no: even in a language where all NPs have the core morphosyntactic properties of English count NPs, such as combining with numerals directly and showing singular/plural contrasts, countability distinctions still emerge on close inspection. I divide these distinctions into those related to sums and those related to parts. (...) In the Sahaptian language Nez Perce, evidence can be found for both types of distinction, in spite of the absence of anything like a traditional mass–count division in noun morphosyntax. I propose an extension of the Nez Perce analysis to Yudja, analyzed by Lima as lacking any countability distinctions. More generally, I suggest that at least one countability distinction may be universal and that languages without any countability distinctions may be unlearnable. (shrink)

An early example is von Neumann's and Charney's Princeton Meteorological Project in the period 1946–53 which ended with daily numerical prediction in less than 2 hours. After this stage, the questions of long-range forecasting and general circulation of the atmosphere became of greater importance. The late 1950s saw the emergence of an alternative: were atmospheric models used mainly for prediction or understanding? This controversial debate in particular occurred during an important colloquium in Tokyo in 1960 which gathered together J. Charney, (...) E. Lorenz, A. Eliassen, and B. Saltzman, among others, and witnessed discussions on statistical methods for predictions and/or maximum simplification of dynamic equations. This phase ended in 1963 with Lorenzs seminal paper on “Deterministic non periodic flows.”. (shrink)

In this article, I argue that persons suffering from Body Integrity Identity Disorder (BIID) can give informed consent to surgical measures designed to treat this disorder. This is true even if the surgery seems radical or irrational to most people. The decision to have surgery made by a BIID patient is not necessarily coerced, incompetent or uninformed. If surgery for BIID is offered, there should certainly be a screening process in place to insure informed consent. It is beyond the scope (...) of this work, however, to define all the conditions that should be placed on the availability of surgery. However, I argue, given the similarities between BIID and gender dysphoria and the success of such gatekeeping measures for the surgical treatment of gender dysphoria, it is reasonable that similar conditions be in place for BIID. Once other treatment options are tried and gatekeeping measures satisfied, A BIID patient can give informed consent to radical surgery. (shrink)

In modern pluralist societies, political disagreement often reflects moral disagreement, as citizens with conflicting perspectives on fundamental values debate the laws that govern their public life. Any satisfactory theory of democracy must provide a way of dealing with this moral disagreement. A fundamental problem confronting all democratic theorists is to find a morally justifiable way of making binding collective decisions in the face of continuing moral conflict.

This article explores some of the philosophical implications of the Bayesian modeling paradigm. In particular, it focuses on the ramifications of the fact that Bayesian models pre‐specify an inbuilt hypothesis space. To what extent does this pre‐specification correspond to simply ‘‘building the solution in''? I argue that any learner must have a built‐in hypothesis space in precisely the same sense that Bayesian models have one. This has implications for the nature of learning, Fodor's puzzle of concept acquisition, and the role (...) of modeling in cognitive science. (shrink)

This chapter examines the views of seventeenth-century British philosophers on passions and affections. It explains that about 8,000 books published during this period mentioned passion and that it started with Thomas Wright's Passions of the Mind in General. The chapter also explores the intellectual basis of the writers who wrote about passion – which includes Augustinianism, Aristotelianism, stoicism, Epicureanism, and medicine – and furthermore, analyzes the relevant works of Francis Bacon, Thomas Hobbes, Henry More, and Lord Shaftesbury.

"This collection of essays is the best one-volume introduction to a timely topic: the nature, purposes, moral justifications of (and limitations on) freedom of association in liberal democracies.

This paper presents a short classroom exercise to stimulate student discussion about the rights of shareholders versus the rights of stakeholders. Students are challenged to identify and evaluate their preconceived notions of what constitutes excessive profits. The exercise illustrates why the realization of a large return on investment cannot be used as prima facie evidence that a firm exploited employees, customers, or other stakeholders. This concept is illustrated using datafrom the pharmaceutical industry.

This paper argues that Hannah Arendt's political theory offers key insights into the power that binds together the feminist movement - the power of solidarity. Second-wave feminist notions of solidarity were grounded in notions of shared identity; in recent years, as such conceptions of shared identity have come under attack for being exclusionary and repressive, feminists have been urged to give up the idea of solidarity altogether. However, the choice between (repressive) identity and (fragmented) non-identity is a false opposition, and (...) the Arendtian account of solidarity developed here allows us to move beyond this opposition. Thus, Arendt provides us with a model of solidarity that can stand a post-identity politics feminist theory in good stead. (shrink)

This article examines 17 substance-abusing women's perceptions of their mothering practices in the context of a residential substance-abuse treatment program for women with children and pregnant women. Using in-depth semistructured interviews and observations of treatment groups, the participants' cultural knowledge about mothering is explored. Although the women in this study described how their substance-abusing lifestyle had a negative impact on their children, they also detailed practices that illustrated that they felt capable as parents. The women were silent about how race, (...) gender, or class arrangements affected their lives; their stories, however, showed active avoidance and manipulation of the contemporary ideology of mothering. (shrink)

As bioethics gains more prominence in public policy debates, it is time to more fully reflect on the following: what is its role in the public square, and what limitations relate to and barriers impede its fulfilment of this role? I contend we should consider the how of bioethics (as a policy influencer) rather than simply focus on the who or what of bioethical enquiry. This is not to suggest considerations of latter categories are not important, only that too little (...) attention has been paid to parallel or resulting policy involvement—involvement that will require specialised skills and knowledge that we can develop with a proactive (vs reactive) stance. Moreover, and equally critically, this how of public policy involvement will require more transparency regarding influences (eg, philosophical, ideological, cultural, socio-political) on what bioethicists bring to the table and what constituency base each represents—a humility as to the scope of one's role. In this vision, bioethics is not one single person or belief system for a policymaker to call to guide or give support to a position; rather, it offers tools—formed and utilised by a diverse disciplinary range of individuals—to help guide ethical analysis of biomedical endeavours, with the goal of infusion and diffusion of ethical enquiry and prioritisation in health policymaking, and greater humility among bioethicists who inform this discussion. (shrink)

Traditionally, imagination has been considered to be a primitive mental state type (or group of types), irreducible to other mental state types. In particular, it has been thought to be distinct from other mental states such as belief, perception, and memory, among others. Recently, however, the category of imagination has come under attack, with challenges emerging from a multitude of different directions. Some philosophers have argued that we should not recognize belief and imagination as distinct states but rather on a (...) continuum, whereas other philosophers have argued something similar with respect to belief and memory. And some philosophers have suggested that we can reduce imagination to other mental states, whether mental imagery, belief, supposition, or some combination. In this paper, I address some of these challenges in an attempt to show we need to maintain imagination as a distinct – and indeed, robust – category in our taxonomy of mind. (shrink)

By briefly sketching some important ancient accounts of the connections between psychology and moral education, I hope to illuminate the significance of the contemporary debate on the nature of emotion and to reveal its stakes. I begin the essay with a brief discussion of intellectualism in Socrates and the Stoics, and Plato's and Posidonius's respective attacks against it. Next, I examine the two current leading philosophical accounts of emotion: the cognitive theory and the noncognitive theory. I maintain that the noncognitive (...) theory better explains human behavior and experience and has more empirical support than the cognitive theory. In the third section of the essay I argue that recent empirical research on emotional contagion and mirroring processes provides important new evidence for the noncognitive theory. In the final section, I draw some preliminary conclusions about moral education and the acquisition of virtue. (shrink)

Taxonomy and terminology might seem like dull topics. But the diverse ways that eighteenth-century philosophers identified and classified the emotions crucially shaped the approaches they took. This chapter traces the sources available to eighteenth-century British philosophers for naming and ordering the passions, lays out the main vocabulary and concepts used for description and analysis, including the notions of “reflection” and “sympathy,” and outlines the principles that organized explanation, such as the division of the passions into the pleasurable or painful, and (...) the selfish or social, as well as the role of “master passions.”. (shrink)

Chapter 2 History and Formation of the Analects Tae Hyun Kim and Mark Csikszentmihalyi It is possible, of course, to pick up and read the Analects without concern for its pedigree, historical significance, or authorship.1 Pithy and sometimes ...

The two cases presented here may at first seem very different: one patient was an adult, making autonomous decisions for herself and her fetus; the other was a child too young to meaningfully participate in the most significant decisions regarding his health. In both cases, healthcare professionals had to determine the extent to which the parents of a dying fetus or child should be permitted to make agonizing choices about how long to maintain hope and what that death will look (...) like; and in both, health professionals’ prognostications influenced their judgments about the patients’ best interests and whether they were candidates for certain interventions. While members of both healthcare teams questioned the patients’ and families’ ability to objectively consider the risks and benefits, the families were focused on the need to be able to live with the decisions made, regardless of outcome. Clinicians expressed unwillingness to perform physical actions they felt were more likely to promote harm and suffering than benefit, and experienced attendant moral distress in the face of conflicting values. In this regard, these cases are mirror images: only in the first case did the clinician, an obstetrician, have sufficient professional authority to refuse to perform the desired intervention. In the second case, the clinicians who expressed the most distress regarding the patient’s trajectory were the nurses, who largely lacked similar autonomy. Viewed together, these cases share a core question: What does paternalism look like in the contemporary era? (shrink)