The application of semiotics in trade mark law is an interdisciplinary endeavour in its infancy. The author traces its genesis in recent years and situates it within the context of general theoretical approaches, in particular of an interdisciplinary kind, appearing in the trade mark law literature in the past. The purposes for which such theories are applied, and questions of methodology arising from this, are examined. In particular, it is observed that semiotic theory has, by and large, been used for (...) the purpose of debating legal policy in trade mark law (especially in the United States), and that this has given rise to argument about the extent to which semiotic theory can exert any normative force of its own upon the law. This article offers a different perspective. It is sought to demonstrate the usefulness of theoretical semiotics in solving trade mark law questions in practice. The author emphasises that this involves no threat to orthodox legal problem-solving methodology (whatever one may think of the orthodoxy), and in particular does not require the normative use of semiotic theory. Taking as a starting point the concept of ‹trade mark use’, and having regard to trade mark law and literature in Europe, the United States and Australia, the author proceeds to demonstrate the proposed approach by reference to some current problems in trade mark infringement. (shrink)

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by (...) showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. (shrink)

Scalar utilitarianism, a form of utilitarianism advocated by Alastair Norcross, retains utilitarianism's evaluative commitments while dispensing with utilitarianism's deontic commitments, or its commitment to the existence or significance of moral duties, obligations and requirements. This article disputes the effectiveness of the arguments that have been used to defend scalar utilitarianism. It is contended that Norcross's central ‘Persuasion Argument’ does not succeed, and it is suggested, more positively, that utilitarians cannot easily distance themselves from deontic assessment, just as long as scalar (...) utilitarians admit – as they should do – that utilitarian evaluation generates normative reasons for action.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Should Utilitarianism Be Scalar?Volume 25, Issue 1GERALD LANG DOI: https://doi.org/10.1017/S0953820812000295Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Should Utilitarianism Be Scalar?Volume 25, Issue 1GERALD LANG DOI: https://doi.org/10.1017/S0953820812000295Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Should Utilitarianism Be Scalar?Volume 25, Issue 1GERALD LANG DOI: https://doi.org/10.1017/S0953820812000295Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Developmental coordination disorder is a neurodevelopmental disorder that significantly impairs a child’s ability to learn motor skills and to perform everyday activities. The cause of DCD is unknown; however, evidence suggests that children with DCD have altered brain structure and function. While the cerebellum has been hypothesised to be involved in developmental coordination disorder, no studies have specifically examined cerebellar structure in this population. The purpose of our study was to examine cerebellar differences in children with DCD compared to typically-developing (...) children. Using voxel-based morphometry, we assessed cerebellar morphology in children 8–12 years of age. Forty-six children were investigated using high resolution T1-weighted images, which were then processed using the spatially unbiased atlas template of the cerebellum and brainstem toolbox for a region of interest-based examination of the cerebellum. Results revealed that children with DCD had reduced grey matter volume in several regions, namely: the brainstem, right/left crus I, right crus II, left VI, right VIIb, and right VIIIa lobules. Further, Pearson correlations revealed significant positive associations between the total motor percentile score on the Movement Assessment Battery for Children-2 and regions that had reduced grey matter volume in our cohort. These findings indicate that reductions in cerebellar grey matter volume are associated with poorer motor skills. Given the cerebellum’s involvement in internal models of movement, results of this study may help to explain why children with DCD struggle to learn motor skills. (shrink)

Religion can have an important influence in moral decision-making, and religious reminders may deter people from unethical behavior. Previous research indicated that religious contexts may increase prosocial behavior and reduce cheating. However, the perceptual-behavioral link between religious contexts and decision-making lacks thorough scientific understanding. This study adds to the current literature by testing the effects of purely audial religious symbols (instrumental music) on moral behavior across three different sites: Mauritius, the Czech Republic, and the USA. Participants were exposed to one (...) of three kinds of auditory stimuli (religious, secular, or white noise), and subsequently were given a chance to dishonestly report on solved mathematical equations in order to increase their monetary reward. The results showed cross-cultural differences in the effects of religious music on moral behavior, as well as a significant interaction between condition and religiosity across all sites, suggesting that religious participants were more influenced by the auditory religious stimuli than non-religious participants. We propose that religious music can function as a subtle cue associated with moral standards via cultural socialization and ritual participation. Such associative learning can charge music with specific meanings and create sacred cues that influence normative behavior. Our findings provide preliminary support for this view, which we hope further research will investigate more closely. (shrink)

Widespread obesity poses a serious challenge to health outcomes in the developed world and is a growing problem in the developing world. There has been a raft of proposals to combat the challenge of obesity, including restrictions on the nature of food advertising, the content of prepared meals, and the size of sodas; taxes on saturated fat and on calories; and mandated “healthy-options” on restaurant menus. Many of these interventions seem to have a greater impact on rates of obesity than (...) does simply providing information about health risks and healthier lifestyles. The more interventionist policy options have, however, been implemented only slowly, in large part because of criticisms that they are unjustified infringements on the liberty of consumers. Food industry groups, free-market think tanks, and the popular press regard measures that incentivize or penalize particular food and lifestyle choices as unjustifiable state regulation of purely self-regarding behavior. To counteract the liberty-oriented position, those who favor a more interventionist role for the state have recently argued for labeling obesity as a public health emergency. By labeling obesity as a public health emergency, policy-makers could override concerns about individual liberty in order to pursue more interventionist policies designed to guide consumer choices toward healthier lifestyles. In this paper, we argue that, contrary to initial appearances, obesity possesses some of the morally relevant features of public health emergencies, though we do not argue that it actually constitutes one. (shrink)

UP. Berel Lang shows in this penetrating book how Heideggeer's own silence on the 'Jewish Question' --how (or if) the Jews were to live among the nations- ...

One Rawlsian response to G. A. Cohen’s criticisms of justice as fairness which Cohen canvasses, and then dismisses, is the 'Freedom Objection'. It comes in two versions. The 'First Version' asserts that there is an unresolved trilemma among the three principles of equality, Pareto-optimality, and freedom of occupational choice, while the 'Second Version' imputes to Rawls’s theory a concern to protect occupational freedom over equality of condition. This article is mainly concerned with advancing three claims. First, the 'ethical solution' Cohen (...) advances against the First Version of the Freedom Objection does not grant a fair hearing to the Freedom Objection. Second, the distinction Cohen presses between the legal and moral right of occupational choice in his response to the Second Version cannot save him from worries about Stalinist coercion. Third, Cohen’s response to the First Version of the Freedom Objection is actually in tension with his response to the Second Version of the Freedom Objection. (shrink)

Jaswal & Akhtar provide several quotes ostensibly from people with autism but obtained via the discredited techniques of Facilitated Communication and the Rapid Prompting Method, and they do not acknowledge the use of these techniques. As a result, their argument is substantially less convincing than they assert, and the article lacks transparency.

This 1999 book demonstrates a method for reading the texts of Aristotle by revealing a continuous line of argument running from the Physics to De Caelo. The author analyses a group of arguments that are almost always treated in isolation from one another, and reveals their elegance and coherence. She concludes by asking why these arguments remain interesting even though we now believe they are absolutely wrong and have been replaced by better ones. The book establishes the case that we (...) must rethink our approach to Aristotle's physical science and Aristotelian texts, and as such will provoke debate and stimulate new thinking amongst philosophers, classicists, and historians of science. (shrink)

One of Han Fei’s most trenchant criticisms against the early Confucian political tradition is that, insofar as its decision-making process revolves around the ruler, rather than a codified set of laws, this process is the arbitrary rule of a single individual. Han Fei argues that there will be disastrous results due to ad hoc decision-making, relationship-based decision-making, and decision-making based on prior moral commitments. I lay out Han Fei’s arguments while demonstrating how Xunzi can successfully counter them. In doing so, (...) I argue that Xunzi lays out a political theory restricting the actions of the ruler through both the use of ritual and law, which allows him to develop a theory that legitimizes government while at the same time constraining itself. Xunzi’s political theory makes important strides in its attempt to recognize the importance of the ruler as a moral exemplar while also restricting his control in the political process. (shrink)

As given, the case presents at least two questions for the ethics consultant to explore: to what extent should Declan’s parent, Karesha, be involved in his health care decisions, and why is...

Von der Antike bis in die Gegenwart. Verständlich und anschaulich geschrieben, führt der Klassiker durch die wichtigsten Stationen des philosophischen Denkens. Die 4. Auflage wurde um die philosophischen Entwicklungen seit den 1990er Jahren ergänzt. Dazu gehören u. a. Analytische Philosophie, Ethik, Virtuelle Realität, Philosophie der Gefühle und Philosophie als Lebensform. Eine Besonderheit ist das umfangreiche Kapitel über die Philosophie des Ostens: Indien, China, Japan.

Emerging forms of empowered participatory governance have generated considerable scholarly excitement, but critics continue to ask if such initiatives are “for real”: Are participatory governance processes sufficiently independent? Do citizen participants make good policy choices? An in-depth look at the case of the British Columbia Citizens’ Assembly on Electoral Reform suggests that real citizen empowerment depends on both the institutional constraints of the participa-tory setting and how citizen interests and arguments for policy outcomes crystallize over the course of a participatory (...) process. (shrink)

The ‘standard interpretation’ of John Taurek’s argument in ‘Should the Numbers Count?’ imputes two theses to him: first, ‘numbers scepticism’, or scepticism about the moral force of an appeal to the mere number of individuals saved in conflict cases; and second, the ‘equal greatest chances’ principle of rescue, which requires that every individual has an equal chance of being rescued. The standard interpretation is criticized here on a number of grounds. First, whilst Taurek clearly believes that equal chances are all-important, (...) he actually argues for a position weaker than the equal greatest chances principle. Second, the argument Taurek gives for the importance of equal chances ought to commit him to being more hospitable to the significance of numbers than he seems to be. Third, and as a result, Taurek should not have dismissed the significance of numbers but embraced a form of pluralism instead. Fourth, this result should be welcomed, because pluralism is more plausible than either the equal greatest chances principle or the saving the greater number principle. (shrink)

The authors put forward an interesting response to detractors of black box algorithms. According to the authors, what is of ethical relevance for medical artificial intelligence is not so much their transparency, but rather their reliability as a process capable of producing accurate and trustworthy results. The implications of this view are twofold. First, it is permissible to implement a black box algorithm in clinical settings, provided the algorithm’s epistemic authority is tempered by physician expertise and consideration of patient autonomy. (...) Second, physicians are not expected to possess exhaustive knowledge or understanding of the algorithmic computation by which they verify or augment their medical opinions. The potential of these algorithms to improve diagnostic and procedural accuracy alongside the quality of patient decision-making is undoubtedly a boon to modern medicine, but blind deference to them is neither feasible nor responsible, as several logistical and ethical quagmires noted by the authors still remain inherent in algorithmic software. I concur …. (shrink)

Imagine a two-person distributive case in which Ernest's choices yield X and Bertie's choices yield X + Y, producing an income gap between them of Y. Neither Ernest nor Bertie is responsible for this gap of Y, since neither of them has any control over what the other agent chooses. This is what Susan Hurley calls the “Boring Problem” for luck egalitarianism. Contrary to Hurley's relatively dismissive treatment of it, it is contended that the Boring Problem poses a deep problem (...) for standard luck egalitarianism. To counter it, luck egalitarianism needs to be recast as a baseline-relative theory. This new version of luck egalitarianism is then put to work against some significant problems that have been encountered by luck egalitarianism: Saul Smilansky's “Paradox of the Baseline,” the “Partiality Worry,” and the “Pluralism Worry.” But baseline-relative luck egalitarianism is not without problems of its own. (shrink)

In recent years, interest in pre-reflective self-consciousness has increased significantly. One of the central points of inquiry is whether pre-reflective self-consciousness ubiquitously accompanies phenomenal consciousness. This paper explores a phenomenological justification for the thesis that pre-reflective self-consciousness ubiquitously accompanies phenomenal consciousness. Allegedly, the ubiquity of pre-reflective self-consciousness can be proved on the basis of phenomenological description. The aim of this paper is to develop a new objection against this justification of the ubiquity thesis.

Although there has been a resurgence of interest in virtue ethics, there has been little work done on how this translates into the political sphere. This essay demonstrates that the Confucian thinker Xunzi offers a model of virtue politics that is both interesting in its own right and potentially useful for scholars attempting to develop virtue ethics into virtue politics more generally. I present Xunzi’s version of virtue politics and discuss challenges to this version of virtue politics that are raised (...) by the Legalist thinker H an Fei. I show that not only is Xunzi’s virtue politics capable of surviving the challenges raised by his contemporary, he offers an account that is in many ways both attractive and plausible, one that may usefully be brought into conversation with contemporary visions of virtue politics. (shrink)

Chapter 15 of the Xunzi stands as the most comprehensive account of the early Confucian analysis of warfare. Unlike a range of other early, non-Confucian discussions on warfare, particular strategies and tactics are taken to be of secondary importance. Thus, Xunzi refuses to discuss practical military strategy without framing it within a much broader ethical, social, and political context. On his account, a well-ordered, flourishing state necessarily rests upon a particular set of rituals and social norms in which people can (...) cultivate themselves morally. Such a state has nothing to fear from any enemy, no matter how tactically sophisticated or militarily skilled. -/- To many, such a view seems overly. However, given that Xunzi is anything but Pollyannaish in other parts of the text and is quite pessimistic about human nature in general, it behooves us to dig a bit more deeply into his ideas about military affairs and examine whether they can be understood in a more plausible light. This article provides a reading of Xunzi’s views on military affairs that is internally consistent and corresponds with Xunzi’s broader ethical and political views, while also showing why someone of Xunzi’s obvious intellectual acumen might hold such a view. (shrink)

In this paper, I take a prominent and plausible conception of virtues from the Western tradition, apply it to some early Confucian texts, and see where it succeeds and fails. In this way, I hope to be able to show how this conception of virtues needs to be revised. The particular conception of virtues I am starting with is one of virtues as correctives that was made prominent by Philippa Foot in her paper “Virtues and Vices.” On Foot’s account, “the (...) virtues are corrective, each one standing at a point at which there is some temptation to be resisted or deficiency of motivation to be made good.” This conception captures certain aspects of the virtues. However, I demonstrate that virtues that are often thought of as correctives are not best characterized in this way, at least on the general understanding of correctives. I do this in two ways. First I show that being a corrective is only a contingent feature of these virtues. Second, I demonstrate that ‘self-love’, which carries many similarities to other so-called corrective virtues, is a plausible candidate for the status of virtue while not being a corrective, even in a contingent way. This claim about the plausibility of ‘self-love’ as a virtue is one that Foot explicitly denies. In addition, I show that there is another class of virtues that the idea of virtues as correctives completely misses. I will call this class of virtues ‘inclinational virtues.’ Finally, I explain why expecting the notion of a corrective to accommodate the idea of inclinational virtues is unwise. (shrink)

Act-utilitarianism comes in two standard varieties: ‘subjective’ act-utilitarianism, which tells agents to attempt to maximize utility directly, and ‘objective’ act-utilitarianism, which permits agents to use non-utilitarian decision-making procedures. This article argues that objective actutilitarianism is exposed to a dilemma. On one horn of it is the contention that objective act-utilitarianism makes inconsistent claims about the rightness of acts. On the other horn of it is the contention that objective act-utilitarianism collapses back into what is, essentially, subjective act-utilitarianism. Three objective act-utilitarian (...) responses to this dilemma are explored and rejected. The recommended conclusion is that a consistent utilitarian must either embrace subjective act-utilitarianism, or abandon act-utilitarianism altogether. Key Words: act-utilitarianism • subjective • objective • decision-making procedure • criterion of rightness • dilemma. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.1 (2002) 129-149 [Access article in PDF] Lord Acton and "the Insanity of Nationality" Timothy Lang "I hope I need not warn you against Montalembert's declamation about Poland—He has no idea of the insanity of nationality...." Acton to Richard Simpson, 25 September 1861 The sixty-year period that culminated in the First World War witnessed a momentous transformation in the European state system. (...) Italian and German unification, the expulsion of the Ottomans from southeastern Europe, the destruction of the three remaining empires—the Austrian, German, and Russian—as casualties of the war, their replacement by a band of successor states stretching from the Baltic to the Balkans: these developments completely altered the face of Europe, as dynastic states gave way to nation-states. Looking back on this transformation once the war was over, many Europeans believed the decision to rebuild their continent on the basis of nation-states made perfect sense. To establish the principles of self-determination and democracy would contribute to peace and prosperity by solving the nationalities problem that had caused such mischief in the past. But in the 1860s, as this transformation was just beginning, the question looked very different, especially to the young John Dalberg Acton—the future Lord Acton, famous for the Cambridge Modern History—as he contemplated without benefit of hindsight the rise of the modern nation-state. 1 [End Page 129]Acton's views on the nation-state appeared in an article on "Nationality," which he wrote in 1862 for the Home and Foreign Review. 2 Nationality—today we would call it nationalism—was, Acton pointed out to his colleague Richard Simpson, a "new question in political philosophy" 3 ; and Acton's essay was a remarkably precocious treatment of the subject. In this tour de force he placed nationalism in its historical context, enabling readers to understand its significance for their own time and to see in nationalism the most potent force unleashed by the French Revolution. For Acton the Revolution had given a new direction to social protest. Whereas in the past, people had resisted oppression by calling for a return to traditional ways, now, after 1789, they demanded a new social and political order. The Revolution thus spawned protest movements of a wholly unprecedented kind. These movements were "spontaneous and aggressive," he warned. They were "popular, unreasoning, and almost irresistible." They appealed to the masses, encouraging them to be "arbitrary as well as insubordinate" and to disregard tradition, prescription, and established rights. Nationalism, with Mazzini as its representative figure, was the most formidable of these new mass movements; for it subverted the existing order by attacking the territorial arrangement and sovereignty of legitimate states, and it provided the impetus behind contemporary revolution. 4 In contrast to later generations, who may have regarded nation-states as likely to promote peace and prosperity, Acton believed that to create these states by imposing the principle of nationality would damage irreparably the Europe he knew and valued.Acton clearly appreciated the power of nationalism—and for this he deserves credit—but too much can, and has, been made of his foresight. He was disturbed by nationalism not because he was clairvoyant, not because he saw in nationalism the twentieth century's totalitarian nightmare, but rather because he was preoccupied with very nineteenth-century concerns. 5 When in 1859 Cavour and Louis Napoleon contrived their war against Austria, hoping to drive the [End Page 130] Habsburgs from Italy and capture the provinces of Lombardy and Venetia for Piedmont, they exacerbated the nationalities problem in much of southern Europe. In Italy this problem was solved by the creation of a unified nation-state. The war against Austria was the first step in the process of unification that culminated in 1861 with the founding of the Kingdom of Italy. As a result of unification, inhabitants of the Italian peninsula found themselves subject to a highly centralized state, with an administration modeled on the Napoleonic system that was adverse to regional autonomy. The Italian war also aggravated the nationalities problem in... (shrink)

Our view is that fundamental appetitive and defensive motivation systems evolved to mediate a complex array of adaptive behaviors that support the organism’s drive to survive—defending against threat and securing resources. Activation of these motive systems engages processes that facilitate attention allocation, information intake, sympathetic arousal, and, depending on context, will prompt tactical actions that can be directed either toward or away from the strategic goal, whether defensively or appetitively determined. Research from our laboratory that measures autonomic, central, and somatic (...) reactions when processing emotional scenes is described which indicates that motivationally relevant cues, whether appetitive or defensive, capture attention preferentially, prompt enhanced perceptual processing and information gathering, and occasion metabolic arousal that mobilizes the organism for coping actions. (shrink)

The intact nervous system has an exquisite ability to modulate the activity of multiple muscles acting at one or more joints to produce an enormous range of actions. Seemingly simple tasks, such as reaching for an object or walking, in fact rely on very complex spatial and temporal patterns of muscle activations. Neurological disorders such as stroke and focal dystonia affect the ability to coordinate multi-joint movements. This article reviews the state of the art of research of muscle synergies in (...) the intact and damaged nervous system, their implications for recovery and rehabilitation, and proposes avenues for research aimed at restoring the nervous system’s ability to control movement. (shrink)

Regulating war has long been a concern of the international community. From the Hague Conventions to the Geneva Conventions and the multiple treaties and related institutions that have emerged in the twentieth and twenty-first centuries, efforts to mitigate the horrors of war have focused on regulating weapons, defining combatants, and ensuring access to the battlefield for humanitarians. But regulation and legal codes alone cannot be the end point of an engaged ethical response to new weapons developments. This short essay reviews (...) some of the existing ethical works on lethal autonomous weapon systems (LAWS), highlighting how rule- and consequence-based accounts fail to provide adequate guidance for how to deal with them. I propose a virtue-based account, which I link up with an Aristotelian framework, for how the international community might better address these weapons systems. (shrink)