As the expansion of the Internet and the digital formatting of all kinds of creative works move us further into the information age, intellectual property issues have become paramount. Computer programs costing thousands of research dollars are now copied in an instant. People who would recoil at the thought of stealing cars, computers, or VCRs regularly steal software or copy their favorite music from a friend's CD. Since the Web has no national boundaries, these issues are international concerns. The contributors-philosophers, (...) legal theorists, and business scholars, among others-address questions such as: Can abstract ideas be owned? How does the violation of intellectual property rights compare to the violation of physical property rights? Can computer software and other digital information be protected? And how should legal systems accommodate the ownership of intellectual property in an information age? Intellectual Property is a lively examination of these and other issues, and an invaluable resource for librarians, lawyers, businesspeople, and scholars. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement (...) constituted a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

Deliberative democracy puts communication and talk at the centre of democracy. Foundations and Frontiers of Deliberative Governance takes a fresh look at the foundations of the field, and develops new applications in areas ranging from citizen participation to the democratization of authoritarian states to the global system.

In Amartya Sen’s The Idea of Justice, democracy is necessary for the reconciliation of plural justice claims. Sen’s treatment of democracy is however incomplete and inadequate: democracy is under-specified, there are unrecognized difficulties in any context featuring deep moral disagreement or deep division and a conceptualization of public reason in the singular erodes his pluralism. These faults undermine Sen’s account of justice. Developments in the theory of deliberative democracy can be deployed to remedy these deficiencies. This deployment points to a (...) deliberative system encompassing those affected by collective decisions, with places for non-partisan forums and discursive representatives, conditionally open to multiple forms of communication, and geared to the production of workable agreements under normative and discursive meta-consensus. Democracy does not guarantee justice, but in a plural world it is essential to the pursuit of justice. (shrink)

Democratic theorists often place deliberative innovations such as citizen's panels, consensus conferences, planning cells, and deliberative polls at the center of their hopes for deliberative democratization. In light of experience to date, the authors chart the ways in which such mini-publics may have an impact in the “macro” world of politics. Impact may come in the form of actually making policy, being taken up in the policy process, informing public debates, market-testing of proposals, legitimation of public policies, building confidence and (...) constituencies for policies, popular oversight, and resisting co-option. Exposing problems and failures is all too easy. The authors highlight cases of success on each of these dimensions. (shrink)

This paper relates to Lyotard's philosophy of a différend. The paper has a dual purpose. The first is to explain what is meant by a différend and also a petit différend. The intention here is to preserve both the intrinsic validity and ethico-political value of the concept in cases where its legitimacy might easily be denied. This feeds into the second and main purpose of the paper, which is to testify to a petit différend in quality of care, so that (...) care may be taken in how the term ‘quality of care’ is actually used. It is here that the implications of a petit différend in quality of care are opened up from the perspective of cared-for and professional carers, respectively. It will be shown that the idea of quality of care is open to multiple interpretations, and therefore to disputes that judgement cannot resolve to the satisfaction of all parties. (shrink)

Exclusively instrumental notions of rationality not only reinforce attitudes conducive to the destruction of the natural world, but also undermine attempts to construct environmental ethics that involve more harmonious relationships between humans and nature. Deep ecologists and other ecological critics of instrumental rationality generally prefer some kind of spiritual orientation to nature. In this paper I argue against both instrumental rationalists and ecological spiritualists in favor of a communicative rationality which encompasses the natural world. I draw upon both critical theory (...) and recent scientific intimations of agency in nature. (shrink)

Geoffrey Rose’s prevention paradox points to a tension between two prima facie plausible moral principles: that we should save the greater number and that weshould save the most at risk. This paper argues that a novel moral theory, ex-ante contractualism, captures our intuitions in many prevention paradox cases, regardless of our interpretation of probability claims. However, it goes on to show that it might be impossible to square ex-ante contractualism with all of our moral intuitions. It concludes that even if (...) ex-ante contractualism cannot furnish an entire ethics of risk, it does identify important considerations for any such theory. (shrink)

A major resource expanding the study of early Chinese philosophy, religion, literature, and politics, this book features the first complete English-language translation of the_ Luxuriant Gems of the "Spring and Autumn"_,_ _one of the key texts of early Confucianism. The work is often ascribed to the Han scholar and court official Dong Zhongshu, but, as this study reveals, the text is in fact a compendium of writings by a variety of authors working within an interpretive tradition that spanned several generations, (...) depicting a utopian vision of a flourishing humanity that they believed to be Confucius's legacy to the world. The Spring and Autumn is a chronicle kept by the dukes of the state of Lu from 722 to 481 B.C.E. _The Luxuriant Gems_ follows the interpretations of the _Gongyang Commentary_, whose transmitters belonged to a tradition that sought to explicate the special language of the _Spring and Autumn_. The Gongyang masters believed that the_ Spring and Autumn_ had been written by Confucius himself, employing subtle and esoteric phrasing to indicate approval or disapproval of important events and personages. The _Luxuriant Gems_ augments Confucian ethical and philosophical teachings with chapters on cosmology, statecraft, and other topics drawn from contemporary non-Confucian traditions, reflecting the brilliance of intellectual life in the Han dynasty during the formative decades of the Chinese imperial state. To elucidate the text, Sarah A. Queen and John S. Major divide their translation into eight thematic sections with extensive introductions that address dating, authorship, authenticity, and the relationship between the original text and the evolving _Gongyang_ approach. (shrink)

Johann Friedrich Blumenbach has been called ‘The Father of Physical Anthropology’ because of his pioneering publications describing human racial variation. He proposed a racial typology consisting of five ‘major varieties/races’ of humanity. Since the 1990s, Londa Schiebinger and other Anglophone scholars have argued that Blumenbach’s writings on race show evidence that he was significantly influenced by nineteenth-century race supremacist beliefs which held Europeans/caucasians to be the highest ranked and most beautiful race. However, these modern authors relied largely on Thomas Bendyshe’s (...) 1865 English translations of Blumenbach’s Latin and German texts. As documented herein, Bendyshe’s publication includes numerous translation errors which form a pattern indicating that he employed two translators. The first translator was consistent with five earlier English translations. The second translator was not consistent with the earlier translators. This second translator also used English terms that denigrated extra-Europeans while adulating Europeans. Furthermore, Bendyshe’s1865 translation regularly used the term ‘beauty’ to translate different Latin words that Blumenbach used to express his nuanced view of aesthetics and structural symmetry. Given the inconsistency and errors in Bendyshe’s 1865 translations, they should not be unquestionably accepted as an accurate reflection of Blumenbach’s views. (shrink)

Translation previously published in: The Huainanzi. New York: Columbia University Press, 2010.

NATURES AND FUTURES FOR POLITICAL THEORY John S. Nelson What are the problematics, histories, forms, aims, conditions, methods, and topics proper to political theory? Plainly, these change from one context to another; and yet they may ...

This is a book about how politics, government - and much else - needs to change in response to the transition from the Holocene to the Anthropocene, the emerging epoch of human-induced instability in the Earth system and its life-support capacities.

At his death in 2010, the Anglo-American analytic philosopher John Haugeland left an unfinished manuscript summarizing his life-long engagement with Heidegger’s Being and Time. As illuminating as it is iconoclastic, Dasein Disclosed is not just Haugeland’s Heidegger—this sweeping reevaluation is a major contribution to philosophy in its own right.

I sin udmærkede kommentar til vores artikel «En etisk diskussion af screening for kræftsygdomme» beskriver Geir Hoff den udtalte mangel på evidens vedrørende nytteværdien af screeningsprogrammer for kræftsygdomme baseret på randomiserede studier. Ydermere fremhæver Geir Hoff misforholdet mellem den manglende evidens ved screening og de strenge krav, der er til evidensen i den farmaceutiske industri. Dette er en velkommen kritik, pga. en udtalt ukritisk og uvidenskabelig tilgang til anvendelse af screening for denne eller hin sygdom eller risikofaktor.

In this book, John Dryzek criticizes the dominance of instrumental rationality and objectivism in political institutions and public policy and in the practice of political science. He argues that the reliance on these kinds of politics and to technocracies of expert cultures that are not only repressive, but surprisingly ill-equipped for dealing with complex social problems. Drawing on critical theory, he outlines an alternative program for the organization of political institutions advocating a form of communicatively rational democracy, which he (...) terms discursive democracy, that stresses the importance of active citizenship and public discourse. He draws out the limitations of instrumental rationality and investigates how policy analysis and political science may be reformed to help constitute and comprehend democracy. Discursive Democracy examines how the political process can be made more vital and meaningful. At the same time it shows how such an invigorated process will serve as a more effective agent for social problem solving. (shrink)

Workplace violence in healthcare has become a crisis in and of itself. Before COVID, more than three-quarters of all US workplace violence injuries were against healthcare professionals with some s...

Ideas about the presence, absence, and growth of democracy in global politics take different forms. After surveying the basic justifications for global democracy, three frames for making sense of the significance of particular developments and proposals are canvassed. “Soup” involves the proliferation of democratic practices, though the consequences of this proliferation for the overall shape of international politics remain open. “Society” stresses the democratization of processes that affect constitutive norms and discourses. “System” identifies differentiated yet ordered parts, geared to the (...) production of collective outcomes. The soup framing is undemanding yet limited. System provides a way to pinpoint democratic deficiencies and possibilities, but its requirements can be highly demanding, and it leaves open the question of normative integration. Understanding global democratization requires both society and system framings. (shrink)

Contending discourses underlie many of the worlds most intractable conflicts, producing misery and violence. This is especially true in the post-9/11 world. However, contending discourses can also open the way to greater dialogue in global civil society and across states and international organizations. This possibility holds even for the most murderous sorts of conflicts in deeply divided societies. In this timely and original book, John Dryzek examines major contemporary conflicts in terms of clashing discourses. Topics covered include the alleged (...) clash of civilizations; societies divided by ethnicity, nationality, or religion; economic globalization versus resistance; plus an in-depth discussion of the 'war on terror'. Dryzek concludes by highlighting the limitations of current neoconservative and cosmopolitan approaches, arguing that only deliberative global politics offers unprecedented new possibilities for democratic engagement in the international system. This book will be of interest to students and scholars of international relations, politics, philosophy, and sociology. (shrink)

The Buddha’s final illness, brought on by his last meal prior to his death, was traditionally seen as one of a set of ailments suffered by him at various points during his lifetime. This paper looks at different Buddhist explications of the causes of these ailments and applies them to the episode of the Buddha’s final illness. In both instances, three explanatory strategies are detected: the first stresses the causative importance of the Buddha’s own negative karmic deeds in past lives; (...) the second looks to the negative deeds and karma of others than the Buddha; the third offers non-karmic explanations. The first two engendered two rather different kinds of j?taka stories; the last did not involve any j?takas but highlighted various kinds of ‘natural’ explanations. (shrink)

Species concepts for bacteria and other microbes are contentious, because they are often asexual. There is a Problem of Homogeneity: every mutation in an asexual lineage forms a new strain, of which all descendents are clones until a new mutation occurs. We should expect that asexual organisms would form a smear or continuum. What causes the internal homogeneity of asexual lineages, if they are in fact homogeneous? Is there a natural “species concept” for “microbes”? Two main concepts devised for metazoans (...) and metaphytes have been applied to bacteria. One is the Recombination Concept, a revised form of the Biological Species Concept in which the homogenizing mechanism is the sharing of genome fragments, somewhat akin to sexual recombination. The other is the Ecological Species Concept, in which the ecological niche is that which maintains lineages as cohesive. In this paper I will discuss these two concepts, and offer an underlying model that conjoins them, and consider the implications for species concepts in general. In short, my argument is that asexual species are instances of the most primitive and underived notion of species, which I will call “quasispecies”, following Eigen, and that sexual species are merely one derived kind of species. Moreover, I will argue that there is a continuum of recombination from simple viral models in which each strain is a clone, through to obligate recombination of 50% of the parents’ genome, and that consequently there is no sharp division between “microbial” and more familiar species. (shrink)

For contemporary democratic theorists, democracy is largely a matter of deliberation. But the recent rise of deliberative democracy (in practice as well as theory) coincided with ever more prominent identity politics, sometimes in murderous form in deeply divided societies. This essay considers how deliberative democracy can process the toughest issues concerning mutually contradictory assertions of identity. After considering the alternative answers provided by agonists and consociational democrats, the author makes the case for a power-sharing state with attenuated sovereignty and a (...) more engaged deliberative politics in a public sphere that is semidetached from the state and situated transnationally. (shrink)

Compiled in the second century B.C.E, the _Huainanzi_ clarifies a crucial period in the development of Chinese conceptions of the cosmos, human nature, and the social order. Outlining "all that a modern monarch needs to know," the text emphasizes rigorous self-cultivation and mental discipline, attributing successful rule to a balance of broad knowledge, diligent application, and penetrating wisdom. In 2010, the editors of this volume completed the first complete English-language translation of the _Huainanzi_, opening exciting new pathways in the study (...) of philosophy, Asian studies, political science, and Asian literature. This abridgement contains essential selections from each of the _Huainanzi_'s twenty-one chapters and adds a new introduction and chapter descriptions. The text represents a remarkable synthesis of Daoist classics, such as the _Laozi_ and the _Zhuangzi_; works associated with the Confucian tradition, such as the _Changes_, the _Odes_, and the _Documents_; and a range of other foundational philosophical and literary works, from the _Mozi_ to the _Hanfeizi_. The abridgement preserves the _Huainanzi_'s special rhetorical features, such as its parallel prose, verse, and unique compositional techniques. For decades, Western scholars overlooked the _Huainanzi'_s sophisticated structure, creative content, and rich historical value, yet all that changed with the translation of the full text. Designed for classroom use and general readers, _The Essential Huainanzi_ continues to increase awareness of this brilliant work and change our understanding of early Chinese history. (shrink)

We hear much these days of lifelong learning and higher levels of nursing practice. We have even been introduced to the concept of the supernurse. This paper seeks to contribute an ethico-political dimension to the largely performative uses of these terms in contemporary nursing politics. This is done by exploring the promise of certain elements of Nietzsche's philosophy for nursing. Certain major Nietzschean themes are outlined in the context of modernity followed by their exploration in a nursing context. These themes (...) come principally from Thus Spake Zarathustra, and include not only that of Übermensch (Superman), but also the related ideas of eternal recurrence, nihilism, and the last Man. It is argued that the conditions in which nurses now learn and practice have become increasingly instrumentalized and technorational to the extent that they are in danger of effecting a nihilism in what becomes a culture of perpetual obligation to those who would seek to measure our performance. It is against this background that Nietzsche's idea of the Übermensch is explored as a figure for self-overcoming the professional subjectivity that may be constructed in the face of these conditions. However, it will be seen that this raises certain issues which beg the question of the productive value of Nietzsche's philosophy in this particular context. At this point, in the last part of the paper, by considering the tensive relation between the discourse practices of present-day managerialism and nursing ethics, it is argued that it is these very problems that present the Übermensch as a tensive but potentially productive figure for nursing and nurse education in its broadest sense. (shrink)

A simple numerical procedure is presented for the problem of estimating the parameters of models for the distribution of eggs oviposited in a host. The modelling is extended to incorporate both host density and time dependence to produce a remarkably parsimonious structure with only seven parameters to describe a data set of over 3,000 observations. This is further refined using a mixed model to accommodate several large outliers. Both models show that the level of superparasitism declines with increasing host density, (...) and the rate declines over time. It is proposed that the differing behaviours represented by the mixed model may reflect a balance between behavioural strategies of different selective benefit. (shrink)

The reviews of this book which greeted its appearance in America, where it won a Catholic Press Association Religious Book Award, speak for themselves. 'The real core of the book is the question that is raised - the demanding bone-crushing question we all face - alone - at one time - the question of death/life and immortality. In these few pages we set out on a journey - one that winds its way among ancient stories and myths ... one's constant (...) disturbing companion is death - a reality that keeps breaking in upon our imes, our friends, our dreams and hopes and even our changing and becoming. The richness of the book lies in the questioning and some of the answers other men's times have given in attempt to live with this probing. We meet Kazantzakis, Homer, Melville, Hegel, Dante in their humanness in the face of death and in their timeless answers' (National Catholic Reporter). From the Protestant side, Martin Marty commented how John Dunne, 'perhaps the most intuitive and natively talented Catholic around, has cast a new spell', and The Critic remarked: 'As a meditation ought to be, it is simple and profound at once. And it is beautifully done, in some ways the richest of John Dunne's works.' All of which amounts to an invitation to join the author as he poses the timeless dilemma of the human condition and seeks to resolve it through stories of adventures, journeys and voyages inspired by man's encounter with death; stories of childhood, youth, manhood and age; and finally stories of God and of man wrestling with God and the unknown. (shrink)

We consider McCarthy's notions of predicate circumscription and formula circumscription. We show that the decision problems “does θ have a countably infinite minimal model” and “does φ hold in every countably infinite minimal model of θ” are complete Σ 1 2 and complete π 1 2 over the integers, for both forms of circumscription. The set of structures definable as first order definable subsets of countably infinite minimal models is the set of structures which are Δ 1 2 over the (...) integers, for both forms of circumscription. Thus, restricted to countably infinite structures, predicate and formula circumscription define the same sets and have equally difficult decision problems. With general formula circumscription we can define several infinite cardinals, so the decidability problems are dependent upon the axioms of set theory. (shrink)

Features Covers the philosophical and historical development of the concept of "species" Documents that variation was recognized by pre-Darwinian scholars Includes a section on the debates since the time of the New Synthesis Better suited to non-philosophers Summary Over time the complex idea of "species" has evolved, yet its meaning is far from resolved. This comprehensive work is a fresh look at an idea central to the field of biology by tracing its history from antiquity to today. Species is a (...) benchmark exploration and clarification of a concept fundamental to the past, present, and future of the natural sciences. In this edition, a section is added on the debate over species since the time of the New Synthesis, and brings the book up to date. A section on recent philosophical debates over species has also been added. This edition is better suited non-specialists in philosophy, so that it will be of greater use for scientists wishing to understand how the notion came to be that living organisms form species. (shrink)