This essay reviews six different approaches to intellectual property. It and argues that none of these accounts provide an adequate justification of intellectual property laws and policies because (1) there are many different types of intellectual property, and (2) a variety of incommensurable values play a role in the justification of intellectual property. The best approach to intellectual property is to assess and balance competing moral values in light of the particular facts and circumstances.

Summary A study of the metallurgy and manufacturing techniques of a group of eight astrolabes (seven from Lahore, one attributed to India) using non-destructive methods has produced the earliest evidence for systematic use of high-zinc (α?+??) brass. To produce this alloy, the brass industry supplying the Lahore instrument makers must have co-melted metallic copper and zinc. This brass-making technology was previously believed to have been developed on an industrial scale in the nineteenth century in Europe. This work hypothesizes that this (...) technology was used in Lahore on an industrial scale as early as ad 1601. In addition, this work hypothesizes that the α?+?? brass alloy was used specifically for its ease in manufacturing the thin sheet brass required for astrolabe-component manufacture. (shrink)

In addition to facing the known competitors in the formal economy, entrepreneurs must also be concerned with rivalry emanating from the informal economy. The informal economy is characterized by actions outside the normal scope of commerce, such as unsanctioned payments and gift-giving, as means of influencing competition. Scholars and policy makers alike have an interest in mitigating the impacts of such informal activity in that it might present an obstacle for legitimate commerce. Received theory suggests that country institutions can enable (...) and constrain productive activity, and, in doing so, influence competitive obstacles in a country. Leveraging 13,670 responses from entrepreneurs distributed across 59 countries, we provide evidence that two particular types of enabling institutions, countries’ property rights regulations and cooperative actions, are useful for lowering the obstacles presented by informal activity. We also find evidence that two constraining institutions, economic and financial regulations lead to more obstacles presented by informal activity. We describe implications for entrepreneurs, policy makers, and future researchers stemming from these findings. (shrink)

Summary A study of the metallurgy and manufacturing techniques of a group of eight astrolabes using non-destructive methods has produced the earliest evidence for systematic use of high-zinc brass. To produce this alloy, the brass industry supplying the Lahore instrument makers must have co-melted metallic copper and zinc. This brass-making technology was previously believed to have been developed on an industrial scale in the nineteenth century in Europe. This work hypothesizes that this technology was used in Lahore on an industrial (...) scale as early as ad 1601. In addition, this work hypothesizes that the α + β brass alloy was used specifically for its ease in manufacturing the thin sheet brass required for astrolabe-component manufacture. (shrink)

Merleau-Ponty had projected a work of considerable dimensions, according to Lefort, which was to have borne the title now given to this posthumous volume. Though the chapters he had actually written out and the notes de travail selected by Lefort for this edition seem to be only introductory parts and suggestions of the larger work, they are already considerable in richness, depth and difficulty. Here we find Merleau-Ponty returning to the problems of his earlier works, showing why the problems posed (...) in the Phenomenology of Perception were "insoluble"; examining in ever greater depth the thought of Descartes, Leibniz, Kant, Hegel, Husserl, Heidegger and Sartre; uncovering the naiveté of scientific thinking and the false sophistication of reflective, dialectical and intuitionistic philosophies. He has moved well beyond phenomenology in the strict sense, toward his own interrogation ontologique and a theory of logic. Lefort has done an extraordinary and exemplary job of organizing, editing and annotating the manuscripts. —A. B. D. and C. D. (shrink)

The two epigraphical monuments which have preserved parts of the treaties of alliance between Athens, on the one hand, and Rhegion and Leontinoi, respectively, on the other, must be studied together, for both treaties had their old preambles erased in 433/2 and their validity reaffirmed as of that year. The new preambles, both dating from the same day, were inscribed in the erasures and juxtaposed, somewhat awkwardly, before the body of the old texts thatstill remained.

Newton's conception of time has had a profound influence upon science, particularly psychology. Five characteristics of explanation have devolved from Newton's temporal framework: objectivity, continuity, linearity, universality, and reductivity. These characteristics are outlined in the present essay and shown to be central to psychological theories and methods. Indeed, Newton's temporal framework is so central that it often goes unexamined in psychology. Examination is important, however, because recent critics of Newton's framework - including both scientists and philosophers - have questioned its (...) validity and usefulness. (shrink)

Sutton ( 2010 ) claims that on our analysis (2007), the problem in the two-envelope paradox is an error in counterfactual reasoning. In fact, we distinguish two formulations of the paradox, only one of which, on our account, involves an error in conditional reasoning. According to Sutton, it is conditional probabilities rather than subjunctive conditionals that are essential to the problem. We argue, however, that his strategy for assigning utilities on the basis of conditional probabilities leads to absurdity. In addition, (...) we show that a crucial presupposition of Sutton’s argument — namely, that one can know that envelope A contains n simply on the basis of a stipulation — is mistaken. (shrink)

A translation of selected parts from the first volume of the Polish phenomenologist's two volume work, The Controversy Over the Existence of the Real World. While its major theme is the relationship between consciousness and the real world, the specific aim of the chapters gathered here is to determine systematically what kind of existence belongs to the real world—if any. Ingarden undertakes an eidetic analysis of various concepts of existence and deals with such problems as causality and the differences between (...) processes, events and objects.—A. B. D. (shrink)

Daniel Lagache has said that the psychoanalytical experience is a moral one. It is, in Mme. Amado's words, "the drama of a subject, discovering his radical truth." The task of psychoanalysis is the demystification of the narcissistic, alienated subject who lives in a primary or primitive moment of subjectivity. The moment of cure is the recognition of the other, and simultaneously, a discovery of oneself--intersubjectivity. Mme. Amado gives an excellent phenomenology of alienation, seeing its presence both in mental disorders and (...) normal behavior.--A. B. D. (shrink)

First published in 1898 in Année Sociologique, this remarkable essay has long deserved English publication. Mauss and Hubert shun the myriad forms of sacrifice to concentrate on the structure or eidos uniting them all. This structure appears in certain procedures which are systematically followed, in certain relationships which are established between the sacrifier, priest and victim, and finally in the sequence of events from entrance into and exit from the sacrificial place. As an eidetic description of the form of sacrifice (...) the essay is clearly a forerunner of later structural anthropology.—A. B. D. (shrink)

In the French unclassifiable genre, Brun explores biological evolution, poetry, philosophy, mythology, dance movements and palm-reading to unearth the significance and function of the human hand. Man does not have a hand; part of his being is being-a-hand. He is differentiated from animals not only because he is a tool-user, but because he can make tools to make other tools. Brun shows that the sense of touch overcomes the separation between man and the world in a second section dealing with (...) the erotic, cognitive and existential meanings of le toucher. A difficult, sometimes insightful study but mainly overstated.—A. B. D. (shrink)

Science naively presupposes the intelligibility of the universe, necessary laws, and a universal truth. The author reflects on these presuppositions to arrive at a demonstration of God's existence. In a vigorous and exclamatory style, he condemns the alternative views of idealism, phenomenology, and philosophies of science which cannot rationally justify their faith in a universal truth. The only rational basis for these presuppositions is a theistic God--the "Vérité mesurante" and "Pensée fondatrice" of scientific reason.--A. B. D.

These fragmentary and often repetitious papers-some of them published before Schutz's death--are organized under three headings: 1) On the Methodology of the Social Sciences, 2) Phenomenology and the Social Sciences, and 3) Symbol, Reality and Society. Schutz elaborates the structures of the "natural attitude," earlier described by Husserl, and defends the irreducible reality of the Lebenswelt which is necessarily presupposed by science, knowledge, language, and the interpretation of signs. Intersubjectivity is at the core of the Lebenswelt and Schutz ably criticizes (...) the inadequate work done by Husserl, Scheler and Sartre on the problem of the other. The tone of all the papers is expository and critical rather than original, as if Schutz was preparing his own views by "working through" a host of other writers.--A. B. D. (shrink)

The paper discusses the historical roots of the political cultures of Japan and China by examining the principal characteristics of their traditional Imperial systems. Comparison of the logic of legitimacy in each case, namely divine lineage in Japan in contrast to the awesome but demanding Mandate of Heaven in China, highlights the philosophical difference between reigning and ruling, and the consequences of this for modem politics in each country. A sacral aura still surrounds the Japanese system tending to insulate authority (...) from the kind of pressures that could lead, in China, to the loss of the Mandate, most recently based on socialist ideals. The power of continuity in both systems, surviving into the present in different forms, remains a serious possible impediment to the further political development of modem Asia. (shrink)

This is a well-chosen anthology selected from the Levy translation but topically arranged according to Karl Schlechta's German edition. Professor Clive's rather elegant introduction, despite occasional lapses into apparent rhetoric, is penetrating. Clive interprets Nietzsche "dialectically," in terms of Nietzsche's "love-hate relationship to himself." Nietzsche's contributions to philosophy, philology, artistic criticism, and to the literature of stunning aphorisms are all duly noted. But Nietzsche emerges as typically modern in that his own irony, at his best moments, was itself subject to (...) a lucid scepticism.—D. J. B. (shrink)

A new and idiomatic translation of the most important questions in the Summa Theologica pertaining to the nature of the human soul and human knowledge.--D. P. B.

Aim: Patients with advanced cancer need information about end-of-life treatment options in order to make informed decisions. Clinicians vary in the frequency with which they initiate these discussions.Patients and methods: As part of a long-term longitudinal study, patients with an expected 2-year survival of less than 50% who had advanced gastrointestinal or lung cancer or amyotrophic lateral sclerosis were interviewed. Each patient’s medical record was reviewed at enrollment and at 3 months for evidence of the discussion of patient wishes concerning (...) ventilator support, artificial nutrition and hydration , resuscitation and hospice care. A Kaplan–Meier analysis was also performed and 2-year survival calculated.Results: 60 cancer and 32 ALS patients were enrolled. ALS patients were more likely than cancer patients to have evidence of discussion about their wishes for ventilator support , ANH , DNR and hospice care . At 6 months, 91% of ALS patients were alive compared with 62% of cancer patients; at 2 years, 63% of ALS patients were alive compared with 23% of cancer patients .Conclusions: Cancer patients were less likely than ALS patients to have had documented advanced care planning discussions despite worse survival. This may reflect perceptions that ALS has a more predictable course, that advanced cancer has a greater number of treatment options, or differing views about hope. Nevertheless, cancer patients may be less adequately prepared for end-of-life decision-making. (shrink)