This Article explores the rule of law aspects of the intersection between intellectual property and antitrust law. Contemporary discussions and debates on intellectual property, antitrust, and the intersection between them are typically framed in economically oriented terms. This Article, however, shows that there is more law in law than just economics. It demonstrates how the rule of law has influenced the development of several IP doctrines, and the interface between IP and antitrust, in important, albeit not always acknowledged, ways. In (...) particular, it argues that some limitations on IP rights, such as exhaustion and limitations on tying arrangements, are grounded in rule of law principles restricting the arbitrary exercise of legal power, rather than solely in considerations of economic efficiency. The historical development of IP law has reflected several tensions, both economic and political, that lie at the heart of the constitutional order of the modern state: the tension between the benefits of free competition and the recognition that some restraints on competition may be beneficial and justified; the concern that power, even when conferred in the public interest, can often be abused and arbitrarily. (shrink)

The philosophy of deep ecology originated in the 1970s with the Norwegian philosopher Arne Naess and has since spread around the world. Its basic premises are a belief in the intrinsic value of nonhuman nature, a belief that ecological principles should dictate human actions and moral evaluations, an emphasis on noninterference into natural processes, and a critique of materialism and technological progress.This book approaches deep ecology as a philosophy, not as a political, social, or environmental movement. In part I, the (...) authors compare deep ecology's philosophical ideas with other positions and debates in environmental philosophy and to other schools of thought such as social ecology, ecofeminism, and moral pluralism. In part II, they investigate the connections between deep ecology and other contemporary world views, such as continental philosophy, postmodernism, and non-Western philosophical traditions. The first anthology on deep ecology that is not primarily the work of the movement's followers, Beneath the Surface offers a rigorous assessment of deep ecology's strengths and weaknesses as a philosophical position.Contributors : John Clark, Deane Curtin, Arran Gare, William Grey, Mathew Humphrey, Knut Jacobsen, Eric Katz, Andrew Light, Jonathan Maskit, Val Plumwood, David Rothenberg, Ariel Salleh, Bron Taylor, Michael Zimmerman. (shrink)

En el presente artículo se piensa la relación entre el golpe, los problemas de la re-presentación y la militarización neoliberal a través de varias imágenes, entre las que la del tanque de guerra será primordial para reflexionar acerca del origen violento del nuevo régimen económico y vital que se desplegó con el golpe. Lo anterior se enmarca desde el imaginario político de México en los años setenta, particularmente a través del régimen del presidente Luis Echeverría y su singular relación con (...) el elemento militar. La multiplicidad de miradas mexicanas sobre el golpe chileno está mediada por las imágenes. En esa miríada de elementos, existe un resto incontable, anónimo y excesivo: lo plebeyo. (shrink)

Using the social-psychological literature on the antecedents of environmental behaviour and comparative data from Germany, India, Israel and South Korea, we test four value types that correspond with environmental behaviour. Our cross-national context represents varying social, economic, cultural and environmental configurations, giving credence to the effects of values. The authors collected survey data among students on a variety of environmental behaviours and on questions that comprise Schwartz's value scale. The results show similarities between the countries in the effect of biospheric (...) values and differences in the effects of the other values tested. We also find that biospheric value is the most important value type for explaining environmental behaviour, and that biospheric values, universalism and benevolence – three key values that we analyse – have different effects on environmental behaviour, and therefore should be treated separately rather than in a unified self-transcendence value orientation. We finally demonstrate the importance of conformity in the analysis of environmental behaviour. Our conclusions point to the importance of further exploring the mechanism that links values and environmental behaviour while contextualising it in different national and cultural settings. (shrink)

Para Frege, o erro de base do psicologismo é a sua concepção de sujeito, que se concentra no princípio de que meus únicos objetos são conteúdos imanentes da consciência. Entretanto, essa tese não é meramente falsa, mas também refutável. A refutação da mesma aparece, não obstante, tardiamente em Der Gedanke. É esse o sentido último da crítica do idealismo oferecida neste texto. Ela é um passo necessário e imprescindível para assegurar a possibilidade de que captemos pensamentos, possibilidade com a qual (...) se ocupa boa parte do artigo de 1918. (shrink)

A given explanatory theory T falls into circular reasoning if the only way to determine its explanandum is through the application of T. To find an underlying theory T′ that determines T′s explanandum helps us save T from this accusation of circularity. We follow the structuralist view of theories in presenting and dealing with this issue, by applying it to particular theories. More specifically, we focus on the relationship between the Darwinian theory of common ancestry and the determination of homologies.

This is a review of Larry Alexander and Kim Ferzan’s _Reflections on Crime and Culpability_, a sequel to the authors’ _Crime and Culpability_. The two books set out a sweeping proposal for reforming our criminal law in ways that are at once commonsensical and mindbogglingly radical. But even if one is not on board with such a radical experiment, simply thinking it through holds many unexpected lessons: startlingly new insights about the current regime and about novel ways of doing legal (...) theory, some of which are explored in this essay. (shrink)

Where does the particular form or configuration of a pattern come from, and how is it propagated from pattern to pattern? Templets and the Explanation of Complex Patterns provides a natural language for analysing such questions. Using it, the organisational forces that underlie the fabrication of any pattern can be divided into two classes. First, there are the 'universal laws' of pattern assembly, the configurational rules and constraints inherent within the fabric of the pattern elements themselves. Second, there are the (...) 'templets' - external, situational constraints imposed on the pattern elements. From the perspective of templeting, simple patterns can be directly contrasted with complex patterns: the former are completely determined by their universal laws, whereas the latter also require extensive templets. Natural patterns range along the entire spectrum from simple to complex, and the most complex of these include both random patterns and many biological patterns. (shrink)

The Search for the Legacy of the USPHS Syphilis Study at Tuskegee is a collection of essays from experts in a variety of fields seeking to redefine the legacy of the infamous Tuskegee Syphilis Study. The essayists place the legacy of the study within the evolution of racial and ethnic relations in the United States. Contributors include two leading historians on the study, two former United States Surgeons General, and other prominent scholars from a wide range of fields.

What does the ' liberation ' of nature mean? In this essay, I use a pragmatic methodology to reject the idea that we need a metaphysical understanding of the nature of nature before we can speak of nature's liberation, and explain the sense of liberation as being the continuation of human non-interference in natural processes. Two real life policy cases are cited as examples: beach restoration on Fire Island and rock climbing in designated wilderness areas.

Neokantianismo y realismo lógico desenvuelven dos formas de anti-psicologismo diferenciables tanto del punto de vista sistemático como histórico-filosófico. En las siguientes líneas me propongo clarificar el papel jugado por el neokantianismo en el así llamado Psychologismusstreit, intentando poner de manifiesto su peculiaridad.

This Article argues that ownership is a form of authority that is constitutionally basic in liberal societies. At the same time, I argue, neither the particular benefits nor burdens that accede to the position of ownership are. By distinguishing between a principle of sovereignty, which I argue constitutes the core authority of owners, and a principle of accession, which I argue regulates the distribution of benefits attached to the position, we can see how this is so. Taxation, regulation, expropriation, by (...) means of which benefits are withheld or burdens imposed, are not then attacks on property that undermine the position of ownership itself. Attacks on the office of ownership as such would be, rather, acts by the state that deny the basic sovereign authority of owners to set the agenda that regulates private activity with respect to a thing, e.g., by subordinating owners to the private choices of others. (shrink)

This essay addresses a series of eight questions about what religion can do for science. It explores the secular role of religion in contemporary science and the need for greater synthesis between science and religion. It concludes that, for survival in the twenty‐first century, religion cannot exist without acknowledging and using the enormous information pool of science, and science can no longer shun or ignore religion. Humankind will always need the large, synthetic explanations that religion provides of why we are (...) here and what we ought to do and believe. The world needs to mark this new millennium with a sense of respect, cooperation, and even synthesis between science and religion. (shrink)

This book presents a wide range of thinking about how the discipline of philosophy has engaged and might in the future engage with the profound questions raised by rapidly shifting methods of communication. Although social media and telecommunications have dramatically altered the daily lives of people, and no technology has enjoyed the same rapid success as that of the mobile phone, the philosophical underpinnings and consequences of these changes have been insufficiently explored. Clustered in six sections, this book addresses major (...) questions of interest to the thoughtful professional. Section I considers ontology: How should we consider emerging media and what are the categories through which we can organize and understand this new realm of social reality. Section II investigates human nature and its relationship to the social transformations that are occurring through new media. It also considers and compares historical methods of communication such as paper. In Section III, questions of time, narrative voice, and emotions are assessed in relation to emerging media. General issues concerning emergence of meaning, philosophy of mind, artificial intelligence, and agency are the focus of Section IV. Symbols and speech acts—including the philosophical ramifications of the communication process itself as viewed through emerging technologies—represent the key concerns of Section V. Section VI probes various interpersonal, institutional, and political/power dimensions stemming from new systems of communication. A coda points forward to outstanding open questions, calling for further research to be done. The book represents a seminal contribution assembling original thoughts from both leading and rising scholars of the field. (shrink)

The specter of epistemic closure haunts current epistemology: some regard the refutation of closure as obvious, while others take its denial to be an epistemicoutrage. To some extent, the strong difference of opinion has its source in certain misapprehensions. This paper tries to formulate and clarify the key issues dividing the two sides and contends that, in certain respects, the difference between the friend and the foe of closure may be more a matter of semantics than substance. The paper goes (...) on to argue that once the substantial issues have been properly formulated, there is a limit to how far deductive reasoning can take the parties to the dispute. (shrink)

A typical discussion around health reform in the U.S. focuses on how the nation can most effectively and efficiently extend insurance coverage to the rising number of people who have none. Furthermore, discussions about health care reform typically are centered on times of normalcy, when the health care system is not overly taxed and there is the luxury of time to think about everyday matters of health and health care, including health care services needed to prevent illness, treat conditions, and (...) address individual emergencies. But in light of the lessons learned over the past decade, it is also essential to consider how any reformed health care system will react to and mitigate the consequences of a public health emergency. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Suñña at the Bone:Emily Dickinson’s Theravadin RomanticismAdam KatzA narrow Fellow in the GrassOccasionally rides—You may have met him? Did you notHis notice instant is—The Grass divides as with a Comb—A spotted Shaft is seen,And then it closes at your FeetAnd opens further on—He likes a Boggy Acre—A Floor too cool for Corn—But when a Boy and BarefootI more than once at NoonHave passed I thought a Whip LashUnbraiding in (...) the SunWhen stooping to secure itIt wrinkled And was gone—Several of Nature’s PeopleI know and they know meI feel for them a transportOf CordialityBut never met this FellowAttended or aloneWithout a tighter BreathingAnd Zero at the Bone.1Via the Arabic word cipher, the English word “zero” comes straight from the Sanskrit word shunya (empty). In Pali, the early Buddhist liturgical language, it is suñña. This poem’s story recalls the common Buddhist simile where a rope is mistaken for a snake in the dim light. There is nothing in the rope that should be feared as a snake, and likewise there is ultimately nothing in the five aggregates—basically, everything—that [End Page 111] can be regarded as atman (soul, self). So the aggregates are empty of self: anatta, in Pali. This is the doctrine of emptiness. Fallaciously imputing selfhood to the inherently selfless flux of the aggregates is a major source of suffering, so realizing emptiness brings liberation, just as investigating the rope and finding it empty of snakehood liberates one from fright.Recognizing that the rope is a rope and not a snake is a simile for realizing emptiness. Likewise, in the poem, recognizing that the snake is a snake and not a “Whip Lash / Unbraiding in the Sun” catapults the speaker into a sublime experience of “Zero at the Bone.” This last line may be a metaphor for being chilled to the bone, but the absence of a subject for zero to modify and the sonic and aesthetic overload in an otherwise mostly matter-of-fact nature poem suggest that the sudden recognition of the snake scares us out of ourselves, empties us out, providing a Romantic corollary for Buddhist emptiness.In the Buddhist simile and in the poem, the correction of faulty recognition precipitates the realization of emptiness. But in the simile, what is primarily important is that the rope is recognized as not a snake. One Tibetan text says that substantial progress can be made by, as it were, mistaking the rope for a vine, just so the scary snake perception is cleared away.2 A slightly later Tibetan text says that, simile aside, recognizing that the rope is not a snake and not even a vine but precisely a rope is merely a matter of “conventional valid cognition,” which stops far short of liberating insight into the selflessness of phenomena as such.3 Believing the rope really is a rope is the same as, in the simile, mistaking the rope for a snake, because in both cases it is a matter of perceiving substantiality where there is impermanence. By contrast, Dickinson’s poem emphasizes neither clearing up a particularly pernicious and persistent misconception about existence nor replacing this misconception with complete insight; rather, the poem emphasizes “conventional valid cognition” itself as a vehicle for sublime transcendence. The ecstatic experience of “Zero at the Bone” requires that the snake be accurately recognized as a snake.This “conventional valid cognition” is technically compatible with complete insight into the selflessness of phenomena as such, and it is certainly possible that the speaker experiences zeroness due to an optical illusion or hallucination or dream rather than recognizing a real snake, but the poem does not highlight either of these possibilities. It emphasizes recognitional accuracy, and being thrown from the quotidian as a result. This is quite different from the lesson of the Buddhist simile, where, again, the emphasis is on what is not there, specifically selfhood, rather than on what is there in its precise distinctness from other things. In this regard the poem is, however, eminently compatible... (shrink)

This Student's Companion edition lays out, in nontechnical terms, the main ideas contained in Maimonides' famous work Guide of the Perplexed so it can be read by an ambitious beginner or an advanced high school student. It provides a general introduction to Maimonides' life, the plan and outline of the Guide, the required philosophical background, and a concise chapter-by-chapter overview and commentary.

Our topic is the moral task of righting one’s wrongful actions and the extent to which this should be considered primarily as a task for the wrongdoer alone, an interaction between the wrongdoer and victim, or a more broadly communal act. In considering this question, we are asked to consider what it means for justice to be served with regard to both victim and wrongdoer.

Worldwide, the COVID-19 pandemic has forced people to adapt quickly, and to reexamine interactions and responsibilities toward communities in creative ways. This paper presents a qualitative media analysis of 50 online news articles published between March 17th and August 6th, 2020 using the key-words “creativity” and “COVID-19.” Informed by a definition of creativity as actions that are considered both “new” and “appropriate”, articles describing a “creative action” were kept for analysis. These articles highlight creative responses to the COVID-19 quarantine in (...) various domains including architecture, fashion, and faith. In this paper, we discuss the themes derived during this analysis- “renewal and continuity” and “the multidimensionality of creativity” which elaborate and contextualize a perspective of socio-cultural creativity theory and propose two implications of this study. The first implication posits that creativity was an observable, cultural response to the COVID-19 pandemic. The second implication offers a broader concept of how cultural resources function as dynamic constraints or “affordances” within the Five A’s model of creativity. Discussion of further research through the lens of socio-cultural creativity is discussed. (shrink)

Our knowledge about the world is often expressed by generic sentences, yet their meanings are far from clear. This book provides answers to central problems concerning generics: what do they mean? Which factors affect their interpretation? How can one reason with generics? Cohen proposes that the meanings of generics are probability judgments, and shows how this view accounts for many of their puzzling properties, including lawlikeness. Generics are evaluated with respect to alternatives. Cohen argues that alternatives are induced by the (...) kind as well as by the predicated property, and thus provides a uniform account of the varied interpretations of generics. He studies the formal properties of alternatives and provides a compositional account of their derivation by focus and presupposition. Cohen uses his semantics of generics to provide a formal characterization of adequate default reasoning, and proves some desirable results of this formalism. (shrink)

Starting from the late Renaissance, efforts to make vocal music more expressive heightened the power of words, which, in turn, gave birth to the modern semantics of musical expression. As the skepticism of seventeenth-century science divorced the acoustic properties from the metaphysical qualities of music, the door was opened to dicern the rich links between musical perception and varied mental faculties. In Tuning the Mind, Ruth Katz and Ruth HaCohen trace how eighteenth century theoreticians of music examined anew the (...) role of the arts within a general theory of knowledge. As the authors note, the differences between the physical and emotional dimensions of music stimulated novel conceptions and empirical inquiries into the old aesthetic queries. Tracing this development, their opening chapter deals with seventeenth-century epistemological issues concerning the artistic qualities of music. Katz and HaCohen show that painting and literature displayed a comparable tendency toward "musicalization," whereby the dynamic of forms-the modalities specific to each artistic medium-rather than subject matter was believed to determine expression. Katz and HaCohen explore the ambiguities inherent in idealization of an art form whose mimetic function has always been problematic. They discuss the major outlines of this development, from Descartes to Vico through Condillac. Particular emphasis is placed on eighteenth-century British thinkers, from Shaftesbury to Adam Smith, who perceived these problems in their full complexity. They also explore how the French and the Germans dealt differently with questions that preoccupied the British, each nation in accordance with their own past tradition and tendencies. The concluding chapter summarizes the parallel development of abstract art and basic hypotheses concerning the mind and explores basic theoretical questions pertaining to the relationship between perception and cognition. In addressing some of the most complex problems in musical aesthetics, Katz and HaCohen provide a unique historical perspective on the ways their art creates and develops coherent worlds, and, in so doing, contribute to our understanding of the workings of the mind. Ruth Katz is Emanuel Alexandre Professor of Musicology at the Hebrew University in Jerusalem. She is co-editor with Carl Dahlhaus of Contemplating Music, a four-volume study of the philosophy of music. Ruth HaCohen is Clarica and Fred Davidson Senior Lecturer of Musicology at the Hebrew University. (shrink)

Philosophy and Phenomenological Research, EarlyView.