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)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Chapter I Modern Suicidism I WAS not yet ten years old when, for the first time, I began to think a great deal about suicide. Perhaps I had heard something ...

INTRODUCTION Substance of the modern ideal of humanity — Development of this ideal since the Reformation and the Renaissance — The ideal of naturalness and ...

1. Praktická filozofie na základě sociologie : etika --.

In this paper we identify and characterize an analysis of two problematic aspects affecting the representational level of cognitive architectures (CAs), namely: the limited size and the homogeneous typology of the encoded and processed knowledge. We argue that such aspects may constitute not only a technological problem that, in our opinion, should be addressed in order to build arti cial agents able to exhibit intelligent behaviours in general scenarios, but also an epistemological one, since they limit the plausibility of the (...) comparison of the CAs' knowledge representation and processing mechanisms with those executed by humans in their everyday activities. In the fi nal part of the paper further directions of research will be explored, trying to address current limitations and future challenges. (shrink)

The proposal of moral enhancement as a valuable means to face the environmental, technological and social challenges that threaten the future of humanity has been criticized by a number of authors. One of the main criticisms has been that moral enhancement would diminish our freedom. It has been said that moral enhancement would lead enhanced people to lose their ‘freedom to fall’, that is, it would prevent them from being able to decide to carry out some morally bad actions, and (...) the possibility to desire and carry out these bad actions is an essential ingredient of free will, which would thus be limited or destroyed—or so the argument goes. In this paper we offer an answer to this criticism. We contend that a morally enhanced agent could lose the ‘freedom to fall’ without losing her freedom for two reasons. First, because we do not consider that a morally well-educated person, for whom the ‘freedom to fall’ is a remote option, is less free than an evildoer, and there is no reason to suppose that bioenhancement introduces a significant difference here. Second, because richness in the amount of alternative possibilities of action may be restored if the stated loss is compensated with an improvement in sensitivity and lucidity that can lead to seeing new options and nuances in the remaining possible actions. (shrink)

We defend, from a contractarian perspective, that the fair price of an insurance policy is the amount that the contracting parties agree when they are both equally uncertain about the insured event. Drawing on the approach developed by R. Sugden in _The Community of Advantage_, we answer two standard objections raised against contractarianism in the actuarial sciences: (1) people are not wise enough to assess their actuarial risks; (2) they are not rational enough to decide which insurance policy suits them (...) better. We show under which circumstances people can make fair actuarial agreements, without presupposing any objective risk or rationality benchmarks. (shrink)

Summary Robert Boyle did not subordinate chemistry to mechanical philosophy. He was in fact reluctant to explain chemical phenomena by having recourse to the mechanical properties of particles. For him chemistry provided a primary way of penetrating into nature. In his chemical works he employed corpuscles endowed with chemical properties as his explanans. Boyle's chemistry was corpuscular, rather than mechanical. As Boyle's views of seminal principles show, his corpuscular philosophy cannot be described as a purely mechanical theory of matter. Boyle's (...) classification of corpuscles allowed him to connect his corpuscular views of matter with chemistry. Boyle did not rule out the possibility of a classification of chemical substances based on their properties: his aim was to reform the received classification. (shrink)

The paper discusses the possible implications of the relational framework of Pure Shape Dynamics for the metaphysics of time. The starting point of the analysis is an interpretation of shapes in ontic structural realist terms, which gives rise to the notion of self-subsisting structure. The relational version of a Newtonian-particle toy model is introduced and discussed as a concrete example.

Although virtues have gained a firm presence in the theory and practice of corporate management, humility is not ranked as one the chief virtues in the business world. In spite of this, it is an important virtue, contributing to the manager’s moral and professional quality and the development of the company’s human team. This paper explains the basic traits of humility in general and how they manifest in the manager’s life and profession, and shows, within the ethics of virtues, that (...) it is not just a personal desideratum but a fundamental quality of a good manager and good management. (shrink)

The paper shows how the Bohmian approach to quantum physics can be applied to develop a clear and coherent ontology of non-perturbative quantum gravity. We suggest retaining discrete objects as the primitive ontology also when it comes to a quantum theory of space-time and therefore focus on loop quantum gravity. We conceive atoms of space, represented in terms of nodes linked by edges in a graph, as the primitive ontology of the theory and show how a non-local law in which (...) a universal and stationary wave-function figures can provide an order of configurations of such atoms of space such that the classical space-time of general relativity is approximated. Although there is as yet no fully worked out physical theory of quantum gravity, we regard the Bohmian approach as setting up a standard that proposals for a serious ontology in this field should meet and as opening up a route for fruitful physical and mathematical investigations. (shrink)

Often presented as a new form of materialism, theories of media have been repeatedly fascinated by the idea of dematerialization—more precisely, by a vision of the history of technical media as a process teleologically oriented toward a future characterized by the overcoming of the weight, the opaqueness, and the resistance of materiality and by the advent of new, pervasive forms of instantaneous communication. Light, be it natural or artificial, has often played a key role in this historical narrative. With its (...) diffused presence, limitless plasticity, ultimate speed, ambiguous status between infinitely small particles and electromagnetic waves, and crucial role in the transmission of images and signals, light has often raised the question of the materiality of media itself, pointing to the possibility of immediacy—of an immediate, instantaneous, immaterial transmission. In this article I analyze the presence of this idea of dematerialization as the end point of media history in the writings of László Moholy-Nagy and Marshall McLuhan, whose thinking about media is centered on the assumption that light is the most fundamental medium, one that leads the entire range of technical media to gradually dematerialize and merge within the environment or even dissolve into the atmosphere. (shrink)

In this article we aim to distinguish between the transhuman and posthuman condition, according to their anthropological, ontological, and ethical natures. We will show that the current historical moment can be considered the beginning of a transhuman civilisation, given that the characteristics of the transhuman are already present in today’s human being. We will show that a series of decisive limitations for belonging to the human condition are in the process of being transcended due to acquisition of attributes of divinity (...) that human beings do not currently possess: omnipotence, omnipresence , ex nihilo creation – starting from the divine creative ideation – and immortality. Humans are increasingly taking on the attributes of divinity in the process of human enhancements. We will discuss the ways in which technology allows the human to overcome these limitations, elevating humans past their current condition, in a process in which they gain technological transcendence. Excepting immortality, all other limitations, once exceeded, generate a transhuman condition. Immortality generates a posthuman condition, since it can only be obtained by modifying the human ontological status from that of a biological being to that of a resident being in informatics networks. In order to clarify this process, we will discuss the concepts of everlastingness and artificial life prolongation. (shrink)

Machine consciousness is not only a technological challenge, but a new way to approach scientific and theoretical issues which have not yet received a satisfactory solution from AI and robotics. We outline the foundations and the objectives of machine consciousness from the standpoint of building a conscious robot.