The heated rhetoric surroundingdigital copyright in general, and peer-to-peerfile sharing in particular, has inspired greatconfusion about what the copyright law does anddoes not prohibit. Most of the key legalquestions are still unsettled, in part becausecopyright defendants have run out of money andgone out of business before their cases couldgo to trial. In that vacuum, some copyrightowners are claiming that their preferred rulesof conduct are well-established legalrequirements. But those claims are strategic;those rules have never been endorsed by thecourts. They are made-up (...) rules. There's adifference between our obligation to followreal rules, and our obligation to followmade-up ones. There may be an ethicalobligation to follow real rules, even when theyseem unreasonable. But we don't have anyethical obligation to follow made-up ones. Indeed, in this context, we may have an ethicalobligation to resist them. Some copyrightowners believe the law ought to enable them tocontrol essentially all significant uses oftheir works. The law has never said that, butit gets closer and closer every day. If webehave as though the made-up rules wereactually the law, we will make that day comemuch sooner. (shrink)

For commercial purveyors of digital speech, information and entertainment, the biggest threat posed by the Internet isn''t the threat of piracy, but the threat posed by free speech -- speech that doesn''t cost any money. Free speech has the potential to squeeze out expensive speech. A glut of high quality free stuff has the potential to run companies in the business of selling speech out of business. We haven''t had to worry about this before, because speaking in a meaningful way (...) to a large audience was expensive, and people couldn''t afford to do serious mass speaking for free for very long. The Internet has made it much cheaper. It doesn''t take much to give out information to the whole world, every day, for free, for years. And people do. If we are trying to increase the abundant dissemination of information, free speech is good. If we are trying to increase commerce in information, free speech is arguably bad, in that it competes with pay speech. Information merchants would obviously prefer that the only speech in the marketplace be pay speech. In the past two years, commercial content owners have scored significant progress in herding free speakers off the Net. There''s an important synergy between persuading the government to give your industry some friendly new laws or regulations, and using new and old legal tools to make life more difficult or expensive for inconvenient competitors who aren''t necessarily doing anything illegal. Recently, businesses have been able to combine the two strategies to make the Internet a much safer place to sell speech, by making the Internet a less friendly, more dangerous place to give away speech for free. (shrink)

In this paper, we examine some ethical implications of a controversial court decision in the United States involving Verizon (an Internet Service Provider or ISP) and the Recording Industry Association of America (RIAA). In particular, we analyze the impacts this decision has for personal privacy and intellectual property. We begin with a brief description of the controversies and rulings in this case. This is followed by a look at some of the challenges that peer-to-peer (P2P) systems, used to share digital (...) information, pose for our legal and moral systems. We then examine the concept of privacy to better understand how the privacy of Internet users participating in P2P file-sharing practices is threatened under certain interpretations of the Digital Millennium Copyright Act (DMCA) in the United States. In particular, we examine the implications of this act for a new form of “panoptic surveillance” that can be carried out by organizations such as the RIAA. We next consider the tension between privacy and property-right interests that emerges in the Verizon case, and we examine a model proposed by Jessica Litman for distributing information over the Internet in a way that respects both privacy and property rights. We conclude by arguing that in the Verizon case, we should presume in favor of privacy as the default position, and we defend the view that a presumption should be made in favor of sharing (rather than hoarding) digital information. We also conclude that in the Verizon case, a presumption in favor of property would have undesirable effects and would further legitimize the commodification of digital information – a recent trend that is reinforced by certain interpretations of the DMCA on the part of lawmakers and by aggressive tactics used by the RIAA. (shrink)

Note: this is the first published presentation and defense of the 'proper subset strategy' for making sense of non-reductive physicalism or the associated notion of realization; this is sometimes, inaccurately, called "Shoemaker's subset strategy"; if people could either call it the 'subset strategy' or better yet, add my name to the mix I would appreciate it. Horgan claims that physicalism requires "superdupervenience" -- supervenience plus robust ontological explanation of the supervenient in terms of the base properties. I argue that Horgan's (...) account fails to rule out physically unacceptable emergence. I rather suggest that this and other unacceptable possibilities may be ruled out by requiring that each individual causal power in the set associated with a given supervenient property be numerically identical with a causal power in the set associated with its base property. I go on to show that a wide variety of physicalist accounts, both reductive and non-reductive, are implicitly or explicitly designed to meet this condition, and so are more similar than they seem. In particular, non-reductive physicalism accounts typically appeal to a relation plausibly ensuring that the powers of a higher-level property are a proper subset of those of its physical base property. (shrink)

The physicalist thesis that all entities are nothing over and above physical entities is often interpreted as appealing to a supervenience-based account of "nothing over and aboveness”, where, schematically, the A-entities are nothing over and above the B-entities if the A-entities supervene on the B-entities. The main approaches to filling in this schema correspond to different ways of characterizing the modal strength, the supervenience base, or the supervenience connection at issue. I consider each approach in turn, and argue that the (...) resulting formulation of physicalism is compatible with physicalism’s best traditional rival: a naturalist emergentism. Others have argued that supervenience-based formulations of physicalism fail. My aim here, besides addressing the full spectrum of supervenience-based approaches, is to show how certain philosophical and scientific theses concerning naturalism, properties, and laws give us new reasons to think that supervenience-based formulations of physicalism are untenable. (shrink)

How should physical entities be characterized? Physicalists, who have most to do with the notion, usually characterize the physical by reference to two components: 1. The physical entities are the entities treated by fundamental physics with the proviso that 2. Physical entities are not fundamentally mental (that is, do not individually possess or bestow mentality) Here I explore the extent to which the appeals to fundamental physics and to the NFM (“no fundamental mentality”) constraint are appropriate for characterizing the physical, (...) especially for purposes of formulating physicalism. Ultimately, I motivate and defend a version of an account incorporating both components: The physics-based NFM account: An entity existing at a world w is physical iff (i) it is treated, approximately accurately, by current or future (in the limit of inquiry, ideal) versions of fundamental physics at w, and (ii) it is not fundamentally mental (that is, does not individually either possess or bestow mentality). (shrink)

In this paper, I argue that Kant has a far more communitarian theory of aesthetic life than is usually acknowledged. I focus on two aspects of Kant’s theory that might otherwise be taken to support an individualist reading, namely, Kant’s emphasis on aesthetic autonomy and his characterization of judgments of taste as involving demands for agreement. I argue that the full expression of autonomy in fact requires being a member of an aesthetic community and that within such a community, judgments (...) of taste are issued as invitations to others to engage their faculties towards the goal of shared aesthetic appreciation. (shrink)

Aim of the study was to analyze the posttraumatic stress disorder risk nurses, detecting the relationship between distress experience and personality dimensions in Italian COVID-19 outbreak. A cross-sectional study was conducted based on 2 data detection. Mental evaluation was carried out in Laboratory of Clinical Psychology on n.69 nurses in range age 22–64 years old. Measurement was focused on symptoms anxiety, personality traits, peritraumatic dissociation and post-traumatic stress for all participants. No online screening was applied. Comparisons within the various demographic (...) characteristics demonstrated few significant differences between groups on DASS-21, PDEQ, and ISE-R scores. Correlation analysis was performed among PDEQ, DASS-21, BFI-10 and IES-R and confirmed between anxiety and peritraumatic dissociation and post-traumatic stress; then anxiety is positively correlated to agreeableness variable of BFI-10 test. The emotional distress was protracted overtime but in long-term personality traits resulted mediator facing subjective stress. Our finding drew details for protective and predictive risk factors as well as mental health issues of nurses dealing with pandemic: healthcare workers faced the protracted challenge caring COVID-19 patients over and over again: in short time the impact was relevant, and the prolonged exposition to the stressor was tackled by personal resources such as personality traits. (shrink)

Kant distinguishes cognition and thought. Mere thoughts do not conform to the conditions that Kant places on cognition and hence do not represent objects of experience. They are, nevertheless, intelligible, and play a vital role in our mental and moral lives. I offer the beginnings of an account of mere thought using Kant's resources. I consider four key cases of intelligible representations that lack objective validity: unschematized categories; transcendental ideas; philosophical concepts; thoughts that violate principles of the understanding.

This paper defends the following principle: For any visually perceptible set of objects and any visual phenomenal character, there could be a veridical perception of exactly those objects with that character. This principle is rejected by almost all contemporary theories of perception, yet rarely addressed directly. Many have taken the apparent inconceivability of a certain sort of “shape inversion” — as compared to the more plausible, frequently discussed “color inversion” — as evidence that the spatial characters of our perceptions are (...) uniquely suited to and/or revelatory of the structure of their objects, such that alleged perceptions of those objects that differed radically in spatial character could not be veridical. I argue that these conclusions are unjustified: I claim that the difficulty involved in constructing coherent “shape inversion” scenarios is attributable to the complex relations among visual and tactile shape experiences, as opposed to relations between shape experiences and worldly shape properties. (shrink)

Although the term "torture lite" is frequently used to distinguish between physically mutilating torture and certain interrogation methods that are supposedly less severe, the distinction is not recognized in international law.

Following Burge, many anti-individualists suppose that a subject can possess a concept even if she incompletely understands it. While agreeing that this is possible, I argue that there is a limit on the extent to which a subject can incompletely understand the set of concepts she thinks with. This limit derives from our conception of our ability to reflectively evaluate our own thoughts or, as Burge puts it, our ability to engage in critical reasoning. The paper extends Burge’s own work (...) on critical reasoning. He argued that critical reasoning imposes a limit on the extent to which we can be mistaken about what thoughts we are having; in general, we can know non-empirically what we are thinking . He does not explicitly consider whether critical reasoning also imposes a limit on incomplete understanding of thoughts. (shrink)

Resumen. La congregación fundada por Vicente de Paúl y Luisa de Marillac ha estado ligada al cuidado y, por su formación y método de trabajo, pueden ser consideradas como pioneras de los cuidados de enfermería, ya que su objetivo ha sido y es cubrir las necesidades básicas de la persona, teoría que postularía en 1960 Virginia Henderson. En este trabajo se pretende dar a conocer cómo las Hijas de la Caridad han estado ligadas al cuidado de la salud desde sus (...) inicios y la labor socio sanitaria que durante casi 150 años lleva prestando en Zaragoza la Casa de Amparo. Desde su inauguración el 5 de marzo de 1871, y gracias al apoyo económico del Ayuntamiento de Zaragoza, esta Institución proporciona asilo y cuidados a toda persona mayor que carece de recursos necesarios. Desde el primer momento se encargaron de ello las Hijas de la Caridad que, sin apenas recursos ni conocimientos, cuidaron de los asilados. Con el paso del tiempo, estos cuidados han ido evolucionando y profesionalizándose hasta que, en la actualidad, están siendo procurados por personal sanitario especializado; a pesar de ello, las hermanas siguen presentes en la vida de la residencia prestando su ayuda aquellos que lo necesitan. Palabras clave: Hijas de la Caridad, beneficencia, salud, enfermería, Casa de Amparo, Zaragoza, siglos XIX-XXI.. The congregation founded by Vicente de Paul and Luisa de Marillac has been linked to care and, because of their training and working method, they can be considered as pioneers of nursing care, since their objective has been and is to cover the basic needs of the person, a theory that Virginia Henderson would postulate in 1960. This paper aims to make known how the daughters of charity have been linked to health care since its inception and the social and health work that the Casa de Amparo has been providing in Zaragoza for almost 150 years. Since its inauguration on March 5, 1871, and thanks to the economic support of the City Council of Zaragoza, this Institution provides asylum and care for all older people who lack the necessary resources. From the first moment the daughters of the charity took care of it, who, without scarce resources or knowledge, took care of the asylees. With the passage of time, these cares have been evolving and professionalizing until, at present, they are being procured by specialized health personnel; In spite of this, the sisters are still present in the life of the residence, helping those who need it. Key words: Daughters of Charity, charity, health, nursing, Casa de Amparo, Zaragoza, 19th-21th centuries. (shrink)

The aim of this chapter is to explore to some extent the relationship between identity and necessity in logic and metaphysics. First, I provide a historically-based summary of proofs of the necessity of identity, highlighting the importance of the role that self-identity plays. Second, I introduce two examples of metaphysical topics where the necessity of identity has played a pivotal role: the necessary a posteriori, and the coincidence of material objects. I argue that important aspects of these debates rest on (...) how we represent identity. Third, I consider some recent work on generalized identity. This opens up new prospects for explaining why identity is necessary. (shrink)

Recent work in quantum gravity has prompted a re-evaluation of the fundamental nature of spacetime. Spacetime is potentially emergent from non-spatiotemporal entities posited by a theory of quantum gravity. Recent efforts have sought to interpret the relationship between spacetime and the fundamental entities through a mereological framework. These frameworks propose that spacetime can be conceived as either having non-spatiotemporal entities as its constituents or being a constituent part of a non-spatiotemporal structure. I present a roadmap for those interested in exploring (...) the role of composition in understanding the emergence of spacetime. I establish a taxonomy based on four crucial parameters that should be considered when constructing potential mereological models. Subsequently, I connect these models to a spectrum of perspectives found in current literature, with the aim of pinpointing areas that require further exploration. Finally, I identify three potential challenges facing mereological models of spacetime emergence, rooted in issues of mereological harmony, the distinction between continuous and discrete spacetime, and the implications of quantum superposition. (shrink)

This article argues for an interpretation of Aristotle’s biological account of familial resemblance that allows us to read Aristotle’s embryology as employing the same concept of “form” as he employs in his Metaphysics. The dominant view for the last several decades has been that in order to account for the phenomenon of inherited characteristics, Aristotle’s biology must appeal to a “sub-specific” form, one that includes all of the traits that parents pass on to their offspring. That view, however, is not (...) only inconsistent with Aristotle’s essentialist metaphysics, but it also renders the embryological theory internally inconsistent. The interpretation I offer avoids both inconsistencies, and better coheres with what he actually says in Generation of Animals. (shrink)

We suggest that the emerging field of the conservation humanities can play a valuable role in biodiversity protection in Papua New Guinea (PNG), where most land remains under collective customary clan ownership. As a first step to mobilising this scholarly field in PNG and to support capacity development for PNG humanities academics, we conducted a landscape review of PNG humanities teaching and research relating to biodiversity conservation and customary land rights. We conducted a systematic literature review, a PNG teaching programme (...) review, and a series of online workshops between the authors (10 PNG-based, 7 UK-based). We found a small but notable amount of PNG research and teaching focused on biodiversity conservation or customary land rights. This included explicit discussion of these topics in 8 of 156 PNG-authored humanities texts published 2010-2020 and related teaching content in the curricula of several different humanities-based programmes. We discuss current barriers to PNG academic development. The growth of fully fledged in-country conservation humanities will require a joint collaborative effort by PNG researchers, who are best placed to carry out such work, and researchers from abroad who can access resources to support the process. (shrink)

Questions of persistence and change are central to metaphysics. There is almost always a role for sortal or essential properties to play in theories of persistence. However, one might reasonably be suspicious of many of the claims about sortal properties and essential properties on which so many accounts of persistence conditions rest. The aim of this paper is to think through what persistence looks like if we don't help ourselves to these assumptions. In so doing, we shall uncover a deep (...) and difficult problem when it comes to identity facts and their relation to qualitative facts. Towards the end of the paper, I sketch a potential line of response that builds upon our seeming awareness of a genuinely persisting self. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Virtual GalleryJessica Evett-Miller (bio) Click for larger view View full resolutionImage 1. Click for larger view View full resolutionImage 2. Click for larger view View full resolutionImage 3. Click for larger view View full resolutionImage 4. Click for larger view View full resolutionImage 5. Click for larger view View full resolutionImage 6. Click for larger view View full resolutionImage 7. Click for larger view View full resolutionImage 8. Click (...) for larger view View full resolutionImage 9. Click for larger view View full resolutionImage 10. Click for larger view View full resolutionImage 11. Click for larger view View full resolutionImage 12. Click for larger view View full resolutionImage 13. Click for larger view View full resolutionImage 14. Click for larger view View full resolutionImage 15. Click for larger view View full resolutionImage 16.Jessica Evett-Miller Jessica Evett-Miller took these photographs during a trip to Italy and Sicily and assembled them for her senior project at the Alternative Community School in Ithaca’ New York. Now a freshman at Cornell University, she is planning to design an independent major in visual studies. She would like to dedicate thesephotographs toherfather, John Miller, and to thank him for his inspiration.She paired the front and back cover images (the first and the last) to create an interplay between the two. They function together rather than separately.Copyright © 1996 The Johns Hopkins University Press... (shrink)

In his recent book, Shared and Institutional Agency, Bratman attempts to defend realism about institutional agency while appealing only to ontologically modest foundations. Here I argue that this ontologically modest foundation leaves Bratman unable to provide plausible accounts of institutional evidence, institutional belief, and the reasons for which institutions believe and act. Given that these phenomena are key to our moral and epistemic evaluation of institutions and their actions, this is a serious failing. Instead, we should defend a more robust (...) realism about institutional agency. (shrink)

It is often said that consequentialism violates the separateness of persons. But what does this mean? Existing interpretations are often unclear, or let consequentialism off easy: because they target amendable parts of the consequentialist framework, they can be sidestepped by more subtle versions of the theory. Consequentialism's opponents, however, might hope for a stronger interpretation––one which suggests that the separateness of persons objection presses a distinct and powerful charge against consequentialist theory. This paper proposes such an interpretation. It starts from (...) the fact that, unlike other moral theories, consequentialism determines how to act by looking at features such as states of affairs or outcomes. Yet, crucially, states of affairs or outcomes often make reference to, or extend across, more than one person. Thus, they implicitly and necessarily group together different individuals. In the proposal of this paper, it is this part of consequentialism which violates the separateness of persons. (shrink)

The paper explores conceptual approaches to business ethics from the Japanese tradition and their potential to enhance our global approach to social and environmental sustainability, including discussion of a framework for understanding the embeddedness of the business in society. As globalization and economic and sociopolitical challenges proliferate, the nature of the connections between the USA and Asia is more important than ever. Following an expressed “pivot” or “rebalance” to Asia and the current nebulous alliances, we hope to raise the profile (...) of Japan’s potential to shape the conception and practice of business in society. We explore attempts to offer a universal business ethic, intended as guidance for businesses globally, and examine contributions of Japanese thought to these frameworks. Considering the traditional approaches of sanpoyoshi, or tri-directional welfare in business transactions, kyosei, which can mean “living and working together for the common good”, and mottainai, or “grateful and sustainable consumption,” the research explores the relationships between the private sector, government, and civil society. Further, we examine the related notion of moralogy, which has been described as a virtue-based stakeholder approach to business. We suggest that these concepts merit promoting the conception of the “homo socio-economicus” model to replace the prevailing “homo economicus” model that threatens what sound business should be. Through interviews with Japanese scholars and practitioners and exploration of Japanese cultural traditions, we present an overview of these approaches. With this perspective, we cite the case of the Tōhoku earthquake and Fukushima nuclear disaster as one illustrative example. We hope that this understanding of the embeddedness of business in society based on Japanese traditions and experience can contribute to a global conception of the role of business in society, relevant to the USA as well. Our goals are to contribute to existing discussions of Japanese business ethics and relevance to a global perspective, and to inspire ongoing exploration of applications of these ideas in teaching and scholarship. (shrink)

A looming deadline. A difficult situation at home. A heated phone conversation that redirects our attention. Certain features of our circumstances can be (at least partially) excusing; sometimes, agents who act wrongly in the face of circumstantial pressures are not (that) blameworthy for having done so. But we’re rather bad at detecting these factors that excuse others from blame. When put together, these two observations yield an under-appreciated problem: we fall short of procedural norms of blame in fairly systematic ways.

BackgroundThis study explored the proportion of variance in depressive symptoms explained by processes targeted by BA (activation, behavioral avoidance, anticipatory pleasure, and brooding), and processes targeted by cognitive control training (cognitive control, attentional biases, and brooding).MethodsFive hundred and twenty adults were recruited. They completed a spatial cueing task as a measure of attentional biases and a cognitive task as a measure of cognitive control and completed self-report measures of activation, behavioral avoidance, anticipatory pleasure, brooding, and depressive symptoms. With path analysis (...) models, we explored the relationships between these predictors and depressive symptoms.ResultsBA processes were significant predictors of depressive symptoms, and activation partially predicted anticipatory pleasure, which in turn predicted depressive symptoms. However, cognitive control and attentional biases predicted neither brooding nor depressive symptoms. A comprehensive model including all processes fit the data but did not explain more of the variance in brooding or depressive symptoms than a model including only BA processes.LimitationsThe spatial cueing task was associated with low reliability and the use of a non-clinical sample limited the generalizability of the conclusions.ConclusionActivation, behavioral avoidance, brooding, and anticipatory pleasure are relevant processes to target in order to reduce depressive symptoms, while cognitive control and attentional biases are not. (shrink)

Volume 33, Issue 1, January 2025, Page 213-221.

Este artigo é sobre a folksonomia como uma ferramenta que contribui para as atividades colaborativas de grupos de usuários na rede social acadêmica Passei Direto, com o objetivo de analisar a folksonomia como ferramenta de apoio em grupos colaborativos nessa rede social, por meio de estudo de caso holístico e exploratório, sendo realizada observação direta intensiva. A justificativa baseou-se na necessidade de compreender a potencialidade das atividades cooperativas e a solução das necessidades informacionais. Concluiu-se que a folksonomia é uma ferramenta (...) de apoio em grupos colaborativos no Passei Direto, onde os usuários, no uso de tags em práticas de indexação, visam a enriquecer e ampliar as possibilidades de acesso às informações. No entanto, apesar de representar uma ferramenta de forte cunho colaborativo, a folksonomia também deixa lacunas no tocante à recuperação da informação, dada a falta de padronização e controle dessa ferramenta, embora essas características façam parte da sua essência. (shrink)

In the Origins of Kant’s Aesthetics, Robert Clewis characterises Kant’s early views of aesthetic normativity in terms of a synthesis of a rationalist appeal to laws of sensibility and an empiricist appeal to rules of taste that are arrived at through consensus about great works of art. On the consensus approach, sharing the experience of beauty with others is itself a source of pleasure and normativity. For Clewis, the mature Kant no longer ties aesthetic normativity to sociality, but instead grounds (...) it in the a priori principle of judgement. In these comments, I challenge Clewis’ narrative about Kant’s development and argue that the mature Kant continues to connect aesthetic normativity to the sociality of taste. (shrink)

As part of the roundtable, “Ethics and the Future of the Global Food System,” this essay discusses some of the major challenges we will face in feeding the world in 2050. A first challenge is nutritional: 690 million people are currently undernourished, while 2.1 billion adults are overweight or obese. The current global food system is insufficient in ensuring that the nutritious foods that make up healthy diets are available and accessible for the world's population. Moreover, by 2050, as the (...) global population increases, food demand will increase by 50–60 percent. A fundamental challenge is meeting this demand while not wreaking irreversible havoc on natural resources, the environment, and planetary systems. A body of scientific research has coalesced around the need to reduce food loss and waste, adopt environmentally sustainable production practices, and shift toward plant-dominant diets. Other long-standing food system problems include deficits in providing fair wages and decent working conditions for food system workers, threats to smallholder farmer livelihoods, and tens of billions of animals kept in welfare-deficit confinement conditions. These food system challenges are bad states of affairs that matter from a variety of moral perspectives. In other words, there is a robust moral case for addressing these challenges. Yet concerted policy action in this area is insufficient and largely absent, pointing to the underlying challenge and complexity of political inertia. (shrink)

Volume 24, Issue 10, October 2024, Page 29-31.

A distinction has been drawn between basic conversation analysis and applied CA. Applied CA has become especially beneficial for informing areas of practice such as health, social care and education, and is an accepted form of research evidence in the scientific rhetoric. There are different ways of undertaking applied CA, with different foci and goals. In this article, we articulate one way of conducting applied CA, that is especially pertinent for practitioners working in different fields. We conceptualise this as Reflective (...) Interventionist CA. We argue that this approach to applied CA is important because of its emphasis on the reflective stance that is valuable to an understanding of research data, its commitment to collaboration with practitioners, and its inductive style. In this paper, we outline the core premises and benefits of this approach and offer empirical examples to support our argument. To conclude, we consider the implications for evidence-based practice. (shrink)