The article addresses the role of scarcity in negotiating the relationship between intellectual property, particularly from a legal-economic perspective, and property rights, as understood by transaction cost economics, to shed light on the deadlock faced by those suffering from neglected tropical diseases (NTDs). The consistency of the law and economics fundamentals that support the trade on knowledge goods, namely patents on essential medicines, is put under check by Scott Veitch’s scholarship on legal irresponsibility. The damages that emerge from the operations (...) of the intellectual property system are registered in the novel concept of negative public domain, and are due mainly to the lack of access to treatments that end up being unaffordable, or to innovation that leads to new drugs that is not sufficiently incentivised though price signals. The accountability for such damages is taken into consideration by arguing that the disavowal of responsibility is made possible by the negative public domain, which is balanced by the construction of a positive response through the language of rights. As such, responsibility per se is preserved, evading one instantiation of Teubner’s legal paradoxes, but rendered ineffective by design. In other words, even if the harms endured by those affected by the NTDs can be traced back to the operations of the intellectual property system, there is no one to hold accountable. The main goal pursued through the article is to make such an arrangement explicit, by giving centrality to the notion of scarcity and its interplay between legal and economic theory, alongside the novel concept of negative public domain as a site where the actual consequences of irresponsibility lie, to hopefully inform further critique in subsequent works. (shrink)

The exchange of goods and services between individuals is often formalised by a contract in which the parties establish norms to define what is expected of each one. Norms use deontic statements of obligation, prohibition, and permission, which may be in conflict. The task of manually detecting norm conflicts can be time–consuming and error-prone since contracts can be vast and complex. To automate such tasks, we develop an approach to identify potential conflicts between norms. We show the effectiveness of our (...) approach and its individual components empirically using two publicly available corpora, and contribute with a new annotated test corpus for norm conflict identification. (shrink)

O presente artigo intenciona realizar uma breve investigação da relação dialética subjetividade-objetividade numa perspectiva emancipatória da classe oprimida. Com efeito, nosso objeto de estudo, a pedagogia do oprimido em Paulo Freire, será analisado numa perspectiva dialógica com o pensamento marxiano, com vistas a encontrar algumas marcas fundamentais da contribuição do filósofo alemão na constituição do ideário crítico freiriano. Destacamos aqui que o problema central da pesquisa, qual seja: a relação mundo e consciência, institui-se como problema indeclinável para o processo de (...) luta histórica e social. (shrink)

Therapeutic strategies capable of inducing and enhancing prosthesis embodiment are a key point for better adaptation to and acceptance of prosthetic limbs. In this study, we developed a training protocol using an EMG-based human-machine interface that was applied in the preprosthetic rehabilitation phase of people with amputation. This is a case series with the objective of evaluating the induction and enhancement of the embodiment of a virtual prosthesis. Six men and a woman with unilateral transfemoral traumatic amputation without previous use (...) of prostheses participated in the study. Participants performed a training protocol with the EMG-based HMI, composed of six sessions held twice a week, each lasting 30 mins. This system consisted of myoelectric control of the movements of a virtual prosthesis immersed in a 3D virtual environment. Additionally, vibrotactile stimuli were provided on the participant’s back corresponding to the movements performed. Embodiment was investigated from the following set of measurements: skin conductance response, crossmodal congruency effect, ability to control the virtual prosthesis, and reports before and after the training. The increase in the skin conductance response in conditions where the virtual prosthesis was threatened, recalibration of the peripersonal space perception identified by the crossmodal congruency effect, ability to control the virtual prosthesis, and participant reports consistently showed the induction and enhancement of virtual prosthesis embodiment. Therefore, this protocol using EMG-based HMI was shown to be a viable option to achieve and enhance the embodiment of a virtual prosthetic limb. (shrink)

Believing in God requires not only a leap of faith but also an extension of people’s normal capacity to perceive the minds of others. Usually, people perceive minds of all kinds by trying to understand their conscious experience (what it is like to be them) and their agency (what they can do). Although humans are perceived to have both agency and experience, humans appear to see God as possessing agency, but not experience. God’s unique mind is due, the authors suggest, (...) to the uniquely moral role He occupies. In this article, the authors propose that God is seen as the ultimate moral agent, the entity people blame and praise when they receive anomalous harm and help. Support for this proposition comes from research on mind perception, morality, and moral typecasting. Interestingly, although people perceive God as the author of salvation, suffering seems to evoke even more attributions to the divine. (shrink)

Wittgenstein famously remarks that ‘the meaning of a word is its use’ (PI §43). Whether or not one views this as gesturing at a ‘theory’ of meaning, or instead as aiming primarily at dissuading us from certain misconceptions of language that are a source of puzzlement, it is clear that Wittgenstein held that for certain purposes the meaning of an expression could profitably be characterised as its use. Throughout his later writings, however, Wittgenstein’s appeal to the notion of use pulls (...) in two directions. In several places, Wittgenstein seems to connect the notion of an expression’s meaning with that of use in the sense of usage or practice. More specifically, he suggests that for an expression to possess meaning is for there to be a practice of employing it according to certain rules. ‘That’, he tells us, ‘is why there exists a correspondence between the concepts “rule” and “meaning”’ (OC §62; cf. PG 68; PO 51; RFM VI §28; VW 103). Indeed, Wittgenstein goes so far as to say, ‘The rule-governed nature of our languages permeates our life’ (RC §303). Call the view that the meaning of an expression is determined by a general principle governing its use, rulism. (shrink)

Conventional wisdom holds two seemingly opposed beliefs. One is that communities are often much better than individuals at dealing with certain situations or solving certain problems. The other is that crowds are usually, and some say always, at best as intelligent as their least intelligent members and at worst even less. Consistency would seem to be easily re-established by distinguishing between advanced, sophisticated social organizations which afford the supporting communities a high level of collective performance, and primitive, mob-like structures which (...) pull the group towards the lower end of the achievement scale. But this reconciliation meets with some objections. The most familiar ones concern the mixed record of elaborate social systems, which are said to occasionally or even, according to some accounts, systematically produce wrong decisions, poor assessments, disastrous plans, counterproductive measures, etc. A more recent set of objections rests on cases where ‘crowds’, i,e, groups not organized in a sophisticated way, produce good results, in fact, results which better those of most, or even all, members of the group. Such cases are collected in James Surowiecki’s book The Wisdom of Crowds, which argues more generally in favor of an ‘order out of chaos’ view of collective thinking: whether sophisticated or simple, social organizations for the production of knowledge or problem-solving can benefit from the absence of certain individualistc constraints which are traditionally thought to foster excellence in cognitive tasks. This flavor of paradox is enhanced by Surowiecki’s choice of phrase: at the surface level, ‘wisdom of crowds’ conflicts with the well-entrenched cliché of the folly1 of crowds; but at a deeper level, Surowiecki seems to appeal to one frequent connotation of ‘wisdom’ which is precisely its paradoxical character. Whether Surowiecki actually intended to exploit this.. (shrink)

Dealing with major issues in Jewish biomedical law, this book focuses upon the influence of morality, the rise of patient autonomy, and the role played by scientific progress in this area of Jewish Law. The book examines Jewish Law in comparison with canon, common, and modern Israeli law.

Can Rawls’s theory provide a framework for assessing obligations to future generations? Extending the veil of ignorance so that participants in the original position do not know to which generation they belong appears to fail in this endeavour. Earlier generations cannot improve their situation by “cooperating” with later generations. Such circumstances, lacking mutuality, leave no room for an agreement or contract. Nevertheless, the original position can be reconstructed so as to model relations of mutuality between generations even if these are (...) absent from the real world. This chapter assesses earlier attempts to do this and provides a rationale for viewing the just savings principle as a clause in the full formulation of the difference principle. (shrink)

Books reviewed:Renate Egger‐Wenzel, Ben Sira's GodPaul J. Achtemeier, Joel B. Green and Marianne Meye Thompson, Introducing the New Testament, Its Literature and TheologyI. Boxall, Revelation: Vision and Insight. An Introduction to the ApocalypseS. Moyise, Studies in the Book of RevelationG. R. Osborne, Revelation: The Baker Exegetical Commentary on the New TestamentN. T. Wright, The Resurrection of the Son of GodGillian Clark and T. Rajak, Philosophy and Power in the Graeco‐Roman World: Essays in Honour of Miriam GriffinRichard Paul Vaggione, Eunomius of (...) Cyzicus and the Nicene RevolutionStephen T. Davies, Daniel Kendall S. J. and Gerald O'Collins, The Incarnation. An Interdisciplinary Symposium on the Incarnation of the Son of GodRichard Cross, The Metaphysics of the IncarnationHugh Connolly, SinAnthony W. Bartlett, Cross Purposes: The Violent Grammar of Christian AtonementStanley Hauerwas, With the Grain of the Universe: The Church's Witness and Natural TheologySarah Coakley, Powers and Submissions: Spirituality, Philosophy and GenderChristopher Cocksworth and Rosalind Brown, Being a Priest Today: Exploring priestly identityRandall Balmer, Encyclopedia of EvangelicalismKate Armstrong, Crisis and RepetitionAnthony A. Barrett, Livia: First Lady of Imperial RomeGerhard Podskalsky, Von Photios zu Bessarion: Der Vorrang humanistisch geprägter Theologie in Byzanz und deren bleibende BedeutungNicola Coldstream, Medieval ArchitectureW. J. Armstrong, J. A. W. Hellmann and W. Short, Francis of Assisi: Early Documents, IIIEllen E. Kittell and Thomas F. Madden, Medieval and Renaissance VeniceTheodor Dieter, Der junge Luther und Aristoteles: Eine historisch‐systematische Untersuchung zum Verhältnis von Theologie und PhilosophieAndrew Brown, Church and Society in England, 1000–1500Renate Blumenfeld‐Kosinski, Duncan Robertson, and Nancy Warren, The Vernacular Spirit: Essays on Medieval Religious LiteratureBarry Collett, Female Monastic Life in Early Tudor England, with an Edition of Richard Fox's Translation of the Benedictine Rule for Women, 1517Marc R. Forster, The Catholic Revival in the Age of the Baroque. Religious Identity in Southwest Germany, 1550–1750W. R. Ward, Christianity under the Ancien Régime 1648–1789Nigel Aston, Religion and Revolution in France 1780–1804Catharine Edwards, Roman Presences: Receptions of Rome in European Culture, 1789–1945Bruce L. Kinzer, England's Disgrace? J. S. Mill and the Irish QuestionJohn Corrigan, Business of the Heart: Religion and Emotion in the Nineteenth CenturyPeter M. Chisnall, John Henry Cardinal Newman: A Man of Courage, Conflict and ConvictionVincent Ferrer Blehl, Pilgrim Journey: John Henry Newman 1801–1845Kester Aspden, Fortress Church. The English Roman Catholic Bishops and Politics 1903–63David Alvarez, Spies In The Vatican: Espionage and Intrigue From Napoleon to the HolocaustPeter McDonough and Eugene C. Bianchi, Passionate Uncertainty: Inside the American JesuitsRuby Blondell, The Play of Character in Plato's Dialogues. (shrink)

In this book, public health ethicist Daniel S. Goldberg sets out to characterize the subjective experience of pain and its undertreatment within the US medical establishment, and puts forward public policy recommendations for ameliorating the undertreatment of pain. The book begins from the position that the overwhelming focus on opioid analgesics as a means for improving the undertreatment of pain is flawed, and argues instead that dominant Western models of biomedicine and objectivity delegitimize subjective knowledge of the body and (...) pain in the US. This general intolerance for the subjectivity of pain is part of a specific American culture of pain in which a variety of actors take part, including not only physicians and health care providers, but also pain sufferers, caregivers, and policymakers. Concentrating primarily on bioethics, history, and public policy, the book brings a truly interdisciplinary approach to an urgent practical ethical problem. Taking up the practical challenge, the book culminates in a series of policy recommendations that provide pathways for moral agents to move beyond contests over drug policy to policy arenas that, based on the evidence, hold more promise in their capacity to address the devastating and inequitable undertreatment of pain in the US. (shrink)

Fleming, Daniel J; Ryan, Thomas Three recent phrases of Pope Francis warrant attention and guide this article. First, there is his call for 'witnesses of God's love' in his tribute to modern martyrs. The second is 'the pedagogy of grace' and the work of the Spirit explained in 'Amoris Laetitia'. Third, from the same document, we find his discussion of accompaniment in the process of moral discernment within the church. With these as guideposts and drawing on recent studies in (...) moral philosophy and psychology, this article unfolds in five steps: setting the scene; witness in relation to moral understanding and intersubjectivity; intersubjectivity and conscience; a pedagogy of grace: Holy Spirit and nonbelievers; and a pedagogy of grace in relation to moral development. (shrink)

Fethullah Gülen, a leader of interfaith and intercultural dialogue, writes of “humanity’s vicegerency” that includes “reaping the bounties of the Earth . . . within the framework of the Creator’s orders and rules.” What might this mean for international business ethics in general, and the expansion of Islamic banking practices and global financial ethics in particular? Forthrightness and transparency are critical in the contemporary development and spread of what are nominated Islamic or shariah-compliant financial products and services. This paper seeks (...) to explore the advantages of acceptably disparate analyses of shariah-compliance, by suggesting how a Gülen-like religion-state symphonia can evolve. The resulting arrangement of financial affairs would thus allow for real diversity inbanking options for all sorts of clients, carving out a space for secular and religious-based institutions, alike, in the global marketplace. (shrink)

Betr. Isaak Iselin und die "Basler Preisfrage nach Aufwandgesetzen in einer Republik" von 1779.

The ancient Stoics proposed one of the most sophisticated and influential ethical frameworks in the history of philosophy. Its impact on theory and practice lasted for centuries during the Hellenistic and Roman periods. Today, their arguments and theories still inform many contemporary ethical debates. Moreover, some of the framework’s main tenets have been used as a theoretical foundation for cognitive–behavioural therapy (CBT), a widely used psychosocial intervention for improving mental health. Much of its lasting impact is the result of the (...) special attention Stoic ethics pays to moral psychology, action theory and education. Stoics consider one of the main components of the development of virtue to be a careful and systematic training of our desires and aversions. -/- This chapter will offer a clear, succinct and up-to-date discussion of four main topics: (1) the Stoic theory of desire; (2) the complex taxonomies of desire offered by the ancient Stoics; (3) the arguments, educational strategies, and practices the Stoics recommend to discipline our soul and extirpate our irrational desires and finally (4) a brief discussion of the possibility of adapting the Stoic philosophy for the education of desires in the present day. (shrink)

The argument here comes from consideration of a certain sort of linguistic expression called negative polarity items (NPIs). These are expressions such as “any,” “at all” and “ever.” NPIs are of particular interest for semantics because they can only be used in contexts with a certain rather abstract semantic feature. However, the precise characterization of the feature is itself a matter of some controversy. For those interested in the semantics of natural language it is worthwhile to figure out precisely what (...) this feature is. Once we have an account of it, we can use the account to infer facts about the meanings of various expressions that interact with NPIs. (shrink)

The publication of Moshe Idel’s book, Kabbalah: New Perspectives marks a turning point in the field of Jewish mysticism. In this volume, Moshe Idel offered phenomenology as an alternative key to appreciating the history and ideas of Jewish mystical traditions. This study returns to this book in order to assess and critique the meaning and function of phenomenology in his early scholarship, as a prelude to the developing and possibly changing methodologies that he has employed in numerous studies published since (...) the appearance of his now classic study. The study considers the connection between phenomenology and experience and its role within the multiple perspectives suggested in the volume. Moshe Idel’s methodology is thus appreciated within the larger context of his work, positioned within the history of scholarship in the field and serves as a measure of the turn to new perspectives. (shrink)

While 3/11 has altered energy policies around the world, insufficient attention has focused on reactions from local nuclear power plant host communities and their neighbors throughout Japan. Using site visits to such towns, interviews with relevant actors, and secondary and tertiary literature, this article investigates the community crisis management strategies of two types of cities, towns, and villages: those which have nuclear plants directly in their backyards and neighboring cities further away (within a 30 mile radius). Responses to the disaster (...) have varied with distance to nuclear facilities but in a way contrary to the standard theories based on the concept of the . Officials in communities directly proximal to nuclear power plants by and large remain supportive of Japan's nuclear power program, while those in cities and towns at a distance (along with much of the general public) have displayed strong opposition to the pre 3/11 status quo. Using qualitative data, this article underscores how national energy and crisis response policies rest strongly on the political economy, experiences of, and decisions made at the subnational level. (shrink)

Trifft Jacobis unphilosophische Systemkritik auch Hegels Metaphysik absoluter Negativität? Dessen System gilt als Höhepunkt systematisch-systemischen Philosophierens. Als solches führt es ein Denken zur Vollendung, dessen Kern darin besteht, Inbegriff von Begründung zu sein. Somit aber besetzt es den gesamten Raum des Denkbaren, in dem schon alle Kritik im und am Denken durchgeführt ist. Sinnvolle Kritik am System scheint unmöglich, ohne dieses zugleich zu affirmieren oder aber selbst der Sinnlosigkeit anheim zu fallen. Jacobi unternimmt den Versuch, einen Modus der Kritik zu (...) finden, der einerseits aus der Systemlogik selbst erwächst, zugleich aber darin nicht verhaftet bleibt. Ihm gelingt dieses Kunststück, indem er akkurate Rekonstruktion mit lebensweltlicher Erfahrung verschränkt und sich der Systemlogik mit einem Sprung entzieht. Das Sprunggeschehen der sogenannten Unphilosophie zu rekonstruieren und nun auch mit dem System des reifen Hegel zu konfrontieren, unternimmt diese Untersuchung. Die Leitfrage lautet dabei, ob Jacobi auch aus Hegels elaboriertem System gesprungen wäre oder aber der erweiterte Systembegriff seine Kritik obsolet gemacht hat. (shrink)

Scholars from various philosophical schools of thought, including cultural relativism, hermeneutics, and postmodernism, have recently critiqued rationalism in light of new developments in the cognitive sciences. Each of these new developments set into motion new inquiries in each school philosophical school of thought. Now, in Facets of Rationality, a distinguished team of scholars examines these new inquiries and bring rationality back into the mainstream of the social sciences. The unique feature of this book lies in its multidisciplinary exploration of rational (...) concerns and in discovering the integral meaning of rationality as viewed by the perspectives of different disciplines. As such, it will of considerable interest to those involved with the study and teaching of philosophy, theoretical psychology, cognitive science, political theory, and linguistics. (shrink)

David Atkinson asks whether nonempirical constructions can lead to genuine knowledge in science, and answers in the negative. Thought experiments, in his view, are to be commended only insofar as they eventually lead to real experiments. The claim does not rely on a general study, conceptual or historical, of thought experiments as such: the range of the paper is at once narrower and broader. Atkinson views thought experiments as commonly understood as just one kind of episode in the development of (...) physics in which real experimentation is bypassed, and he believes that such episodes are justified only inasmuch as they are transitory stages on the way to genuine empirical inquiry. Atkinson wants to kill with one arrow what is usually regarded as two different birds: the notion that thought experiments proper can be persuasive in themselves, and the thesis that theories which cannot be brought to the tribunal of experience can nevertheless belong to science. He thus implicitly opposes three views which are commonly, albeit not universally, held: (i) some thought experiments are conclusive; (ii) some theories belong to science despite not being evidently and concretely amenable to empirical corroboration; (iii) the two issues are largely independent. The standpoint from which Atkinson operates is a rather strict form of empiricism, one which relies on a fairly sharp distinction between the conceptual and empirical dimensions of inquiry. My outlook is rather different: the conceptual and empirical seem to me to be intertwined, both conceptually, as suggested by Quine’s critique of logical positivism, and empirically, as revealed by the evidence provided by science itself in its daily and historical reality. Rather than take the high road, I propose to focus first on the critique to which Atkinson subjects Galileo’s thought experiment, and the lessons he draws from his analysis.. (shrink)

Assigning a positive signification to the concept of ‘ideology,’ the basic hypothesis of this paper is that both what we call social reality and what we understand by the expression social knowledge are the result of an ideological projection. In other words, it is my opinion that ideology accomplishes a double purpose: on the one hand, it actively participates in the construction of social reality; on the other hand, it also plays the role of an instrument of social knowledge. To (...) support this assertion, I advance the idea of ideological conventions that are constituent parts of the social projection of reality and that emerge as ‘landmarks’ of the processof understanding it. I provide arguments that, as long as that they are found at the level of social institutions and thus being reproduced in discourse, including symbolically – as codes, norms, rules, habits, behaviours, etc., both formal and informal –, ideological conventions are an expression of social identity, being useful in explaining and understanding social reality and its possibilities of evolving. Finally, taking into account the premise that while social knowledge is not entirely ideological, the ideological element is unavoidable in the process of configuring this knowledge (contributing in a decisive manner to the changes emerging at the societal level), I propose an integrated, interdisciplinary model of ideological analysis. (shrink)