Suppose libertarians could prove that durable, unqualified private property rights could be created through 'original acquisition' of unowned resources in a state of nature. Such a proof would cast serious doubt on the legitimacy of the modern state. It could also render the approach to property rights that I favour irrelevant. I argue here that none of the familiar Lockean-libertarian arguments for a strong natural right to acquisition succeed, and that any successful argument for grounding a right to acquire would (...) have to use my favoured approach to property rights - the 'vector-sum' approach. I conclude with some doubts about original acquisition theory and natural property rights. (shrink)

Recent work in the ontology of music suggests that we will avoid confusion if we distinguish between two kinds of question that are typically posed in music ontology. Thus, a distinction has been made between fundamental ontology and higher-order ontology. The former addresses questions about the basic metaphysical options from which ontologists choose. For instance, are musical works types, indicated types, classes of particulars, or some other kind of entity? Higher-order ontology addresses the question of what lies ‘at the centre’ (...) of a specific form of music, such as rock or jazz—or perhaps classical music. The argument of this essay is, first, that a close examination of the best efforts in two of these territories shows that they have the effect of pressing the music in each sphere into implausible Procrustean beds. Second, it is argued that the general question that higher-order ontologies pose, that is, ‘What work-kind is it that lies at the centre of a given kind of music, F?’ is a question based on a mistaken but seductive assumption, namely that the concept of the work of F has actual application. In fact, these concepts—upon which higher-order ontology depends—are mere artefacts of philosophy. The question is also addressed why the assumption is so seductive. Finally, the question finally is posed about what, if anything, is implied from the foregoing about the traditional ontology of classical music. (shrink)

This paper continues a discussion concerning the distinction between disability and handicap initiated in this volume by Steven D. Edwards. Edwards argues that the reasons advanced by the WHO for this distinction in its International Classification of Impairments, Disabilities and Handicaps (ICIDH) are not valid. Edwards also criticizes my own quite different grounds for distinguishing between the two concepts. His general conclusion is that the distinction is superfluous. In this paper I claim that Edwards's reasoning is invalid. I present five (...) arguments for my case, viz., the arguments from: a) practical necessity, b) cost-effectiveness, c) clinical practice, d) the subject's vital goals, and e) the universal presence of some basic action. My own conclusion thus is that there is a need within health care for a distinction between disabilities and handicaps. I also indicate that there may be a need for further distinctions along the dimension of action-generation which is presented in the paper. (shrink)

I explore some of the ways that assumptions about the nature of substance shape metaphysical debates about the structure of Reality. Assumptions about the priority of substance play a role in an argument for monism, are embedded in certain pluralist metaphysical treatments of laws of nature, and are central to discussions of substantivalism and relationalism. I will then argue that we should reject such assumptions and collapse the categorical distinction between substance and property.

There is no subject at the interface of law, psychiatry and medical ethics which is more controversial than psychosurgery. The divergent views of the treatment begin with its definition. The World Health Organisation1 and others2 define psychosurgery as the selective surgical removal or destruction of nerve pathways or normal brain tissue with a view to influencing behaviour. However, proponents of psychosurgery demur on the basis that the `modern' treatment is concerned predominantly with emotional illness, without any specific effect upon behaviour. (...) The alternative definition offered is `the surgical treatment of certain psychiatric illnesses by means of localised lesions placed in specific cerebral sites.3It is difficult entirely to accept this definition because, as examined below, scientific psychiatry is not yet in a position to directly treat psychiatric illness solely through surgical intervention. There is no reliable theoretical relationship between particular cerebral sites (which are normal and healthy) and an identifiable psychiatric illness or symptomatology. Given this state of psychiatric understanding, it is misleading to suggest fine distinctions between generalised alteration of behaviour or mood and treatment of an illness. Highly divergent practices and theories (relating to the multiplicity of conditions treated, surgical methods adopted and areas of the brain operated upon) further undermine exaggerated claims that psychosurgery can scientifically `treat' specific illness through precise surgical intervention. Nonetheless, contemporary psychosurgery does not contain quite the same `broadbrush' approach of its ancestors and it can lay some legitimate claim as an effective empirical treatment in narrowly limited circumstances. Major ethical problems still, however, arise and these will be discussed in this article. (shrink)

This article uses two concepts—trying on gender and local gender regime—to examine adolescent gendering processes for 26 girls from two northeastern communities. Based on a four-year study, the author found that the process of becoming a woman is much more provisional than previously thought. Adolescent girls resist, experiment, and practice gender in a trying-on process; gender, race, and class structures in the communities mutually reinforce particular kinds of femininities. This article describes the gender regime of each community and examines how (...) the gender regimes differentially shape the process of trying on gender as these girls make the transition to womanhood. (shrink)

The image of Antonio Salieri is recreated based on the memories of his contemporaries and epistolary and journalistic literature. The author, relying on memoir literature, archival documents and journalistic sources, substantiates his own position regarding A. Salieri’s contribution to the world artistic treasury and artistic higher education, the expediency of researching his heritage at the current stage. A wide range of primary sources little-known in scientific circulation are used, which allow us to reveal the image of Antonio Salieri – a (...) musician, composer, teacher, theater director, rector of the central art institution of higher education in Europe in the 19th century – the Vienna Conservatory. The concept of A. Salieri’s involvement in the early death of is refuted Mozart. The aim consists in recreating the image of Antonio Salieri based on the memories of his contemporaries and epistolary and journalistic literature. The tasks of the research are the analy of primary sources on this issue and the identification of modern approaches to Antonio Salieri’s contribution to the world artistic treasury. Research methods. The methodology of the author’s research is based on the content-comparative method, which allows you to determine the reliability of one or another source, the ratio of traditionally established and non-traditional vision of the image of a prominent representative of his era – Antonio Salieri. Reconstruction was also used – to reproduce the events of the era at the turn of the 18 – 19th centuries within the scope of the research. Research results: The development of the pedagogical heritage of A. Salieri in the activities of his students and followers is shown; the creative portrait of Y.N. Hummel, who, thanks to the Maestro, mastered vocal art, Italian musical terminology, music theory and solfeggio, choral singing and conducting, orchestration, pedagogical skills, combined “Salierian” classicism and his own romanticism. The achievements of Fortunata Valzel-Franchetti as a singer, artist and teacher are analyzed, and it is shown how the vocal-pedagogical school of A. Salieri came to Ukraine through her. Conclusion.The analysis of primary sources –correspondence, diaries of Antonio Salieri and his students, made it possible to find out the significance of the Maestro’s creative heritage for subsequent eras, to recreate his image based on the memories of his contemporaries and epistolary and journalistic literature. 27 archival cases were presented for consideration, which gave an opportunity to understand how domestic scientists, artists and publicists treated Antonio Salieri throughout the 20th century, so often they turned to his creative heritage. After careful analysis of these materials, it can be said that their assessment was very high. (shrink)

It is well known that when resolution occurs in the stichic iambics and trochaics of tragedy word-end is not found between the two shorts so produced: w or, more accurately, that the first short of resolution must not be the last syllable of a polysyllabic word. Moreover, the syllables in resolution most often form part of the same word as the following short or anceps, e.g.: Ion 1143.

This paper is the result of a contribution between ethics and law, which will be used as thought-process tools, to address the complex issue of legal and ethical statuses of GM fish. To find answers, we propose to consider this issue from a wider angle, looking at the relations between the human, animal, and living worlds. We show that it is possible to construct other forms of intellectual logic that, without setting these worlds in opposition, do not lapse into relativism (...) where boundaries are blurred. In this sense, we submit the hypothesis that ordered pluralism should help us to move past a mere Man–Animal relationship to reveal the entire complexity of relationships within mankind and between mankind and other (non-human) worlds alongside it and to which it belongs: the animal and living worlds. With this new logic, “animal ethics” and “animal law” are re-embedded into a set of relationships. This logic emerges from a new consideration: the nature of the contemporary objects we are dealing with. We shall call objects like genetically modified fish “relational objects” in the sense that in order to be apprehended, they utilize a set of relationships of which there are just as many as the dimensions forming them, not as predicates but as primary constituents. Experimentally, in the case of GM fish, we translate this by proposing to typologize legal and ethical considerations induced by multiple relations connected to this object. According to the type of relationship in question, the GM fish will not have the same status; it is a changing object that must be suitably apprehended. (shrink)

It is well-recognized that uncertainty is an endemic feature and limitation of clinical judgment and practice that cannot be eliminated in many cases. Among the tasks of clinical ethics is the responsible management of uncertainties, first articulated in E. Haavi Morreim’s very nice concept of the "moral management of medical uncertainty." The papers in the 2012 Clinical Ethics issue of the Journal provide philosophically innovative and clinically applicable accounts of the varieties of uncertainty in clinical medicine and therefore in clinical (...) ethics: epistemic uncertainty, metaphysical uncertainty, and relational uncertainty. (shrink)

Central concepts and consensus views in clinical ethics are marked by instability. The papers in this number of the Journal take up two such central concepts, quality of life and moral status, and two such consensus views, that germ-line gene transfer should not be undertaken for the purposes of enhancement of human traits and that the ethical obligation of physicians to treat HIV infected patients rests on consent of the physician. One outcome of these philosophical investigations is that these two (...) concepts and consensus views are less stable than one might have thought. I explore the possibility of generalizing this outcome in a reflection on clinical ethics as the management of instability and incompleteness, including the instability and incompleteness of clinical ethics itself. In the course of this reflection I liken clinical ethics to abstract expressionism in mid-twentieth century Western art. (shrink)

Let A₁,..., An, An+1 be a finite sequence of algebras of sets given on a set X, $\cup _{k=1}^{n}{\cal A}_{k}\neq \germ{P}(X)$, with more than $\frac{4}{3}n$ pairwise disjoint sets not belonging to An+1. It was shown in [4] and [5] that in this case $\cup _{k=1}^{n+1}{\cal A}_{k}\neq \germ{P}(X)$. Let us consider, instead An+1, a finite sequence of algebras An+1,..., An+l. It turns out that if for each natural i ≤ l there exist no less than $\frac{4}{3}(n+l)-\frac{l}{24}$ pairwise disjoint sets not belonging (...) to An+i, then $\cup _{k=1}^{n+1}{\cal A}_{k}\neq \germ{P}(X)$. But if l ≥ 195 and if for each natural i ≤ l there exist no less than $\frac{4}{3}(n+l)-\frac{l}{15}$ pairwise disjoint sets not belonging to An+i, then $\cup _{k=1}^{n+1}{\cal A}_{k}\neq \germ{P}(X)$. After consideration of finite sequences of algebras, it is natural to consider countable sequences of algebras. We obtained two essentially important theorems on a countable sequence of almost σ-algebras (the concept of almost σ-algebra was introduced in [4]). (shrink)

I. Singminji sigi p'yŏn -- II. Chŏnhwan'gi ŭi iron oe.