This essay attempts to explore trademark law and the marks themselves from a semiotic viewpoint to provide a deeper understanding to (trademark) law as a system of signs. Although the language of trademark law may suggest slightly different meanings, for the purpose of this essay “trademark” will refer to an area of law (unless otherwise indicated) and “mark” will refer to the individual sign. The first part of this essay will provide a brief overview of semiotics. (...) Second, it will outline a general look at trademark law as set forth in the Lanham Act. The third section is a semiotic approach to provide a deeper understanding of trademark law. Finally, the essay will analyze a seminal trademark case whilst using semiotics to address legal meaning within the case. Semiotics teaches that no absolute meaning can be found. This essay, then, attempts to secure at least one particular meaning of the Qualitex case and what it means in trademark law today. (shrink)

Trademarks are not just property; they are aesthetic creations that pervade everyday experience. As pervasive aesthetic creations having literary, pictorial, graphic, sculptural, and musical content, trademarks deserve aesthetic analysis. So this paper discusses the origins, strength, appeal, and effectiveness of trademarks within the context of aesthetic considerations such as meaning, intention, authorship, and mode of creation. Also reviewed are morphemic and phonemic analysis of trademarks, semantic positioning, the dichotomy between creation and discovery of trademarks, and the differences between trademarks and (...) titles. The discussion is confined to "word marks" consisting of alphanumeric characters because discussing other kinds of marks (such as designs, configurations, sounds, colors, and scents) would raise issues well beyond the scope of a single article. (shrink)

Natural sciences are credited with being the chief force in the process of rendering relative many elements of our world view. To make acceptable the relative character of the order of two poles for the public, however, is the task of (idealist) philosophy. I reduce the division of objective/subjective to sensible duality. To explain the belief in sensible duality, I use unusual means: personifying the sensible content. It is the distinction between present (as extension) and absolute present (as the absence (...) of extension), which I call the trademark of idealist philosophy. This distinction is based on the striking assertion that though finite time can be divided infinitely, but at the same time, this division is not permitted to be performed, protecting the conceptual substance. The noninfinite division of finite time results in the definition: present = an extension-atom. This short extension is an important component of the notion “original environment”. The message “total nonuniversality” does not exist without that “place”. (shrink)

This study examines the use of disparaging and offensive trademarks and mascots by sports teams. Specifically, this study considers whether the continued use of Native American symbols and mascots in sports comports with the Christians-Nordenstreng conceptualization of social responsibility, which considers the three principles of human dignity, truth-telling, and nonmaleficence. To do this, the article considers the history and arguments both for and against the use of these symbols in sports communication. This article concludes with a discussion of how the (...) use of these trademarks does not fulfill the three principles of social responsibility and what that means for the symbols’ continued use. (shrink)

The Internet presents opportunities for corporations to efficiently build their brands online and to enhance their global reach. But there are threats as well as opportunities, since anti-branding and free-riding activities are easier in cyberspace. One such threat is theunauthorized incorporation of a trademark into a domain name. This can lead to trademark dilution and cause consumer confusion. But some users claim a right to use these trademarks for the purpose of parody or criticism. Underlying these trademark (...) conflicts is the familiar tension between property rights and free speech rights. While some trademark scholars are reluctant to consider a trademark as property, we find strong support for the property paradigm in Hegel’s philosophy. Assuming that a trademark is an earned property right, we propose that a trademark owner should be allowed to control the permutations of its trademark incorporated into domain names unless a reasonable person would not confuse that domain name with the company’s mark. But we also conclude that there must be latitude to employ a domain name for negative editorial comment, so long as the source and purpose of that domain name is plainly apparent. (shrink)

If a trademark becomes a generic term, it may be cancelled under trademark law, a process known as genericide. Typically, in genericide cases, consumer surveys are brought into evidence to establish a mark’s semantic status as generic or distinctive. Some drawbacks of surveys are cost, delay, small sample size, lack of reproducibility, and observer bias. Today, however, much discourse involving marks is online. As a potential complement to consumer surveys, therefore, we explore an artificial intelligence approach based chiefly (...) on word embeddings: mathematical models of meaning based on distributional semantics that can be trained on texts selected for jurisdictional and temporal relevance. After identifying two main factors in mark genericness, we first offer a simple screening metric based on the ngram frequency of uncapitalized variants of a mark. We then add two word embedding metrics: one addressing contextual similarity of uncapitalized variants, and one comparing the neighborhood density of marks and known generic terms in a category. For clarity and validation, we illustrate our metrics with examples of genericized, somewhat generic, and distinctive marks such as, respectively, DUMPSTER, DOBRO, and ROLEX. (shrink)

The third edition of Webster’s International Dictionary, first published in 1961, represented a novel approach to lexicography. It recorded the English language used in everyday life, incorporating colloquial terms that previous grammarians would have considered unfit for any responsible dictionary. Many were scandalized by the new lexicography. Trademark lawyers were not the most prominent of these critics, but the concerns they expressed are significant because they touched on the core structure of the trademark as a form of property (...) in language. In the course of eavesdropping on everyday usage, Merriam-Webster’s lexicographers picked up on the use of trademarks as common nouns: “thermos” as a generic noun for any vacuum flask, “cellophane” as a term for transparent wrapping, and so on. If Webster’s Third were to be taken as sound evidence of the meaning of words, then the danger was that some of the most familiar marks in the USA would be judged “generic” in the legal sense, and would thereby cease to be proprietary. In this article, we explore the implications of this encounter between law and lexicographic technique. (shrink)

This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of "co-authorship" of trademarks by both the public and trademark owners. The book develops the "Economic-Social Planning justification", which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formulated in a manner which helps foster (...) a just and attractive culture. Trademarks are thus seen as source and origin identifiers, rather than quality identifiers. The book focuses on the often ignored role of the public and their rights in trademarks and calls for the adoption of the confusion rationale for trademark protection, not the dilution individualistic rationale. The two jurisdictions of this book prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts, thereby threatening the principles of freedom of expression as a human fundamental right. (shrink)

The legal protection of well-known trademarks is an exception to the fundamental principles of trademark law, i.e. territorality, registration and „speciality“. The well-known trademark is protected even if it had not been registered according to the national legal regulation of that state, in which protection is sought. The well-known trademark can also be protected even in respect to the goods and (or) services which are not similar to those for which the well-known trademark is used or (...) registered (in case the trademark is registered). (shrink)

One strategy for indigenous producers competing with global capital is to obtain geographic source protection (a form of trademark) for products traditionally associated with a cultural grouping or region. The strategy is controversial, and this article adds an additional reason to be cautious about adopting it. Specifically, consumers increasingly consume brands not for the products they designate but for the affiliation with the brands themselves. Since the benefits of source protection depend upon a consumer's desire to have a product (...) actually from that source community, if consumers care more about the brand designation than the actual source, then those benefits will be more difficult to realize. In such an environment there would be tremendous pressure both to produce products that conform to (often exoticized) western images of cultures and to create property rights in the culture itself, empowering elites to further marginalize and suppress dissenting views. (shrink)

This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to damages compensation and the (...) calculation of criterions thereof as well as functional legal protection of trademarks. It should be noted that Article 23(1) of the Constitution of the Republic of Lithuania has extended protection to property and, as the Constitutional Court of the Republic of Lithuania has noted, the constitutional protection of property covers not only the protection of tangible, but also of intellectual property. In the same judgment, the Constitutional Court stated another important intellectual property related rule, namely that constitutionally established property protection rights have to be implemented regardless of whether a corresponding international treaty has not been ratified, as protection of authors’ rights is granted under Articles 23 and 42(3) of the Constitution of the Republic of Lithuania. However, the second position stating that the rights of foreign subjects are to be implemented even though a corresponding international treaty has not been signed is to be criticised as by coming to such a conclusion the Constitutional Court has ignored the otherwise generally recognised principle of territoriality of intellectual property rights. In two other cases the Constitutional Court has made important statements relevant to intellectual property law. First of all, the Court stated that compensation instead of claiming actual damages is constitutional. By analysing the positions formulated by the Court, an indirect conclusion can be made to the effect that compensation instead of claiming actual damages is necessary in order to ensure effective protection of intellectual property rights. In other words, the purposes of compensation can be recognised: restoring (compensating) the infringed interests of the injured party; simplifying judicial proceedings, whereby faster proceedings (litigation) and easier substantiation is sought; and the preventive purpose (strong preventive effect). However, the Court’s argument regarding the criterion of compensation calculation, saying that the damages incurred by the intellectual property rights owner depend on the sale value of the product concerned is criticisable, as it is rarely the case that the licence fee or profit acquired in the result of unauthorised use of intellectual property objects is calculated with reference to the final sale price of the product. Notwithstanding the arguably weak argument of the Court, the Court’s position regarding the criterion of final sale price itself does not preclude the possibility of reaching a fair final decision. Finally, the Court acknowledged that trademark protection was limited to the economic functions of the trademark and the full protection thereof. (shrink)

The web creates manyopportunities for encroachment on intellectualproperty including trademarks. Our principaltask in this paper is an investigation into anunusual form of such encroachment: theimproper use of metatags. A metatag is a pieceof HTML code that provides summary informationabout a web page. If used in an appropriatemanner, these metatags can play a legitimaterole in helping consumers locate information. But the ``keyword'' metatag is particularlysusceptible to manipulation. These tags can beeasily abused by web site creators anxious tobait search engines and bring (...) scores ofvisitors to their sites. The law aboutmetatags is far from settled and many legalscholars are uncomfortable with the conclusionthat the unauthorized use of a trademark in ametatag represents infringement. How should weassess this practice known as ``spamdexing'' froma normative perspective? Is it commercial fairplay or something more sinister? We make thecase here that there are salient moral problemswith spamdexing since it exploits thereputational goodwill of trademark owners andconfuses consumers. It violates basic moralduties and it flouts the golden rule principle. Hence unauthorized use of a competitor'strademark in a metatag is not morallyacceptable. (shrink)

For most of the 20th century, the condom in the United States was a cheap, useful, but largely unmentionable product. Federal and state statutes prohibited the advertising and open display of condoms, their distribution by mail and across state lines, and their sale for the purpose of birth control; in some states, even owning or using condoms was illegal. By the end of World War I, condoms were increasingly acceptable for the prevention of sexually transmitted disease, but their unique dual (...) function—for disease prevention and contraception—created ongoing ambiguities for sellers, consumers, and distributors as well as for legal, political, health, and moral leaders. Not until the 1970s did condoms emerge from the shadows and join other personal hygiene products on open drugstore and supermarket shelves and in national advertisements. Then came the 1980s and AIDS when, despite the rise of Ronald Reagan, the radical right’s demonization of condoms, and the initial reluctance of condom merchants to market to gay constituencies, the HIV/AIDS epidemic slowly but inexorably propelled the condom to the top of the prevention agenda. The condom’s journey from lewd device to global superstar was fitful, but colorful. The Comstock Act of 1873, prohibiting birth control information and devices, created a vast underground operation—periodically illuminated, however, by arrests, protests, legal proceedings, and media coverage. This essay chronicles one such moment of illumination: the legal battle in the 1920s and 1930s over the legitimacy and legality of the Trojan Brand condom trademark and the unusual series of advertisements produced by the Youngs Rubber Corporation, makers of Trojans, to dramatize the ethical and economic issues of the trademark battle. Culminating in Youngs Rubber Corporation v. C.I. Lee & Co., Inc. , this landmark case in trademark law established the right of the Trojan Brand condom, despite its ambiguous dual function, to the protection of a federal trademark. I seek to show how the Youngs antipiracy ad series illuminates the paradox of visibility by illuminating the paradox of any binary division: to establish the one depends inevitably on invoking or making visible—even if to suppress—the other. This essay is a case study in the negotiation of such a dialectic. (shrink)

Nike. McDonald’s Apple. These companies and many others invest millions of dollars each year protecting that one thing that distinguishes them in the marketplace – a trademark. A company’s trademark is the symbol that allows consumers to know that they are dealing with a particular company. This article addresses the extent to which some companies will go to obtain and protect a trademark. Specifically, it will address the fight between Cisco and Apple over the iPhone trademark, (...) as both companies took questionable steps in the United States and abroad to obtain rights to the iPhone mark. In addition, the basics of trademark law and ethical theories relevant to trademark law will be addressed. (shrink)

One of the trademarks of Nicolai Hartmann’s ontology is his theory of levels of reality. Hartmann drew from many sources to develop his version of the theory. His essay “Die Anfänge des Schichtungsgedankens in der alten Philosophie” testifies of the fact that he drew from Plato, Aristotle, and Plotinus. But this text was written relatively late in Hartmann’s career, which suggests that his interest in the theories of levels of the ancients may have been retrospective. In “Nicolai Hartmann und seine (...) Zeitgenossen,” Martin Morgenstern puts the emphasis on contemporaries of Hartmann: Émile Boutroux, Max Scheler, Heinrich Rickert, Karl Jaspers, and Arnold Gehlen. But there is another plausible source for Hartmann’s conception of levels that has so far remained overlooked in the literature. Hartmann studied with and was influenced by Nikolai Lossky. Lossky has a theory of levels that he adopted from Vladimir Solovyov. Solovyov presents his theory of levels, among other places, in Oпpaвдaнie дoбpa, where he says that the five principal stages of the cosmogonic process of ascension toward universal perfection, which are given in experience, are the mineral or inorganic realm, the vegetal realm, the animal realm, the realm of natural humanity, and the realm of spiritual or divine humanity. This theory appears to bear significant similarities with the theory of levels of reality that Hartmann will develop a few decades later. Solovyov was widely read in Russia and it would be unlikely that Hartmann was not at least minimally acquainted with his work. Chances are that Hartmann came into contact with it in some details. An intellectual lineage could thus likely be traced from Hartmann back to Solovyov. In this paper, I document and discuss this possible lineage. (shrink)

In developing his trademark use of “consonance” to prescribe a relationship between Christian faith and the natural sciences, Ernan McMullin drew on severaldistinctly Augustinian philosophical and theological themes during his fifty years of scholarship. Particularly prominent in McMullin’s work were an emphasis placed on Augustine’s biblical hermeneutic, which prioritized both literal and non-literal interpretive techniques, and Augustine’s epistemology of divine illumination. This paper examines several elements as part of an expository account of McMullin’s contribution toward the consonance between Christian (...) faith and the natural sciences. It also outlines McMullin’s theory of retroduction and his account of scientific realism, both of which are philosophical positions that provide additional support for consonance from an epistemological perspective. I conclude that for McMullin, consonance is a differentiated term that hints at underlying metaphysical claims without necessarily delineating the nature of those claims. (shrink)

With his trademark eloquence and humour, Robert Dessaix, one of Australia's eminent writers, tackles humbug in the modern worldandmdash;the tide of mumbo jumbo where words fall short of what they mean and motivations are not always what they appear. MUP's Little Books on Big Themes series pairs leading Australian thinkers and cultural figures with some of the big themes in life.

Philosophy is a discipline that makes no observations, conducts no experiments, and needs no input from experience. It is an armchair subject, requiring only thought. Yet that thought can advance knowledge in unexpected directions, not only through the discovery of new facts but also through the enhancement of what we already know. Philosophy can clarify our vision of the world and provide exciting ways to interpret it. Of course, philosophy's unified purpose hasn't kept the discipline from splintering into warring camps. (...) Departments all over the world are divided among analytical and continental schools, Heidegger, Hegel, and other major thinkers, challenging the growth of the discipline and obscuring its relevance and intent. Having spent decades teaching in American, Asian, African, and European universities, Michael Dummett has felt firsthand the fractured state of contemporary practice and the urgent need for reconciliation. Setting forth a proposal for renewal and reengagement, Dummett begins with the nature of philosophical inquiry as it has developed for centuries, especially its exceptional openness and perspective-which has, ironically, led to our present crisis. He discusses philosophy in relation to science, religion, morality, language, and meaning and recommends avenues for healing around a renewed investigation of mind, language, and thought. Employing his trademark frankness and accessibility, Dummett asks philosophers to resolve theoretical difference and reclaim the vital work of their practice. (shrink)

This volume, which illustrates the originality, force, and scope of his work, also displays Nozick's trademark blending of extraordinary analytical rigor with ...

"Taken as a trilogy, _consent not to be a single being_ is a monumental accomplishment: a brilliant theoretical intervention that might be best described as a powerful case for blackness as a category of analysis."—Brent Hayes Edwards, author of _Epistrophies: Jazz and the Literary Imagination_ In _The Universal Machine_—the concluding volume to his landmark trilogy _consent not to be a single being_—Fred Moten presents a suite of three essays on Emmanuel Levinas, Hannah Arendt, and Frantz Fanon in which he explores (...) questions of freedom, capture, and selfhood. In trademark style, Moten considers these thinkers alongside artists and musicians such as William Kentridge and Curtis Mayfield while interrogating the relation between blackness and phenomenology. Whether using Levinas's idea of escape in unintended ways, examining Arendt's antiblackness through Mayfield's virtuosic falsetto and Anthony Braxton's musical language, or showing how Fanon's form of phenomenology enables black social life, Moten formulates blackness as a way of being in the world that evades regulation. Throughout _The Universal Machine_—and the trilogy as a whole—Moten's theorizations of blackness will have a lasting and profound impact. (shrink)

The COVID-19 pandemic is a man-made disaster, caused by undue interference in the ecological balance and the lives of multiple species. Paradoxically, the contagion has resulted in increased use of technology and digital mediation, as well as enhanced hopes for vaccines and biomedical solutions. It has thereby intensified humans’ reliance on the very high-tech economy of cognitive capitalism that caused the problems in the first place. This combination of ambivalent elements in relation to the Fourth Industrial revolution and the Sixth (...) Extinction is the trademark of the posthuman condition. This essay explores this condition further, offering both critical and affirmative propositions for moving forward. (shrink)

Twenty years ago, Alain Badiou's first Manifesto for Philosophy rose up against the all-pervasive proclamation of the "end" of philosophy. In lieu of this problematic of the end, he put forward the watchword: "one more step". The situation has considerably changed since then. Philosophy was threatened with obliteration at the time, whereas today it finds itself under threat for the diametrically opposed reason: it is endowed with an excessive, artificial existence. "Philosophy" is everywhere. It serves as a trademark for (...) various media pundits. It livens up cafés and health clubs. It has its magazines and its gurus. It is universally called upon, by everything from banks to major state commissions, to pronounce on ethics, law and duty. In essence, "philosophy" has now come to stand for nothing other than its most ancient enemy: conservative ethics. Badiou's second manifesto therefore seeks to demoralize philosophy and to separate it from all those "philosophies" that are as servile as they are ubiquitous. It demonstrates the power of certain eternal truths to illuminate action and, as such, to transport philosophy far beyond the figure of "the human" and its "rights". There, well beyond all moralism, in the clear expanse of the idea, life becomes something radically other than survival. (shrink)

Filmosophy is a provocative new manifesto for a radically philosophical way of understanding cinema. It coalesces twentieth-century ideas of film as thought (from Hugo Münsterberg to Gilles Deleuze) into a practical theory of "film-thinking," arguing that film style conveys poetic ideas through a constant dramatic "intent" about the characters, spaces, and events of film. Discussing contemporary filmmakers such as Béla Tarr and the Dardenne brothers, this timely contribution to the study of film and philosophy will provoke debate among audiences and (...) filmmakers alike. FILMOSOPHY ® is a registered U.S. trademark owned by Valentin Stoilov (www.filmosophy.com) for educational services in the field of motion picture history theory and production. Mr. Stoilov is not the source or origin of this book and has not sponsored or endorsed it or its author. (shrink)

Recently ethical implications of human resource management have intensified the focus on care perspectives in management and organization studies. Appeals have also been made for the concept of organizational care to be grounded in philosophies of care rather than business theories. Care perspectives see individuals, especially women, as primarily relational and view work as a means by which people can increase in self-esteem, self-develop and be fulfilled. The ethic of care has received attention in feminist ethics and is often socially (...) construed as a feminine ethic. Although well developed in the caring professions there remains no model or definition of the care ethic in management literature with little care research undertaken. This paper develops the concept of the care ethic using Heidegger’s philosophy, namely, care is fundamental to human being. To show Heideggerian care, an individual notices, pays attention to another and responds in ways to empower and enable. In a study which aimed to analyze women’s lived experience of career, we applied the philosophically grounded methodology hermeneutic phenomenology. Findings revealed the power of Heideggerian care, Sorge, as a key factor in creating meaning. From this, we propose that care has potential as a theoretical and philosophically based construct with strong practical implications. It provides a way of understanding the care ethic, lies at the heart of our being, and is essential to meaning in our grelationships and undertakings. Crucially, it can provide reprieve from the existential angst that trademarks our being. (shrink)

Enactivists seek to revolutionize the new sciences of the mind. In doing so, they promote adopting a thoroughly anti-intellectualist starting point, one that sees mentality as rooted in engaged, embodied activity as opposed to detached forms of thought. In advocating the so-called embodied turn, enactivists touch on recurrent themes of central importance in Wittgenstein's later philosophy. More than this, today's enactivists characterize the nature of minds and how they fundamentally relate to the world in ways that not only echo but (...) fully agree with many of the later Wittgenstein's trademark philosophical remarks on the same topics. (shrink)

Psychopaths exhibit diminished ability to grieve. Here I address whether this inability can be explained by the trademark feature of psychopaths, namely, their diminished capacity for interpersonal empathy. I argue that this hypothesis turns out to be correct, but requires that we conceptualize empathy not merely as an ability to relate (emotionally and ethically) to other individuals but also as an ability to relate to past and present iterations of ourselves. This reconceptualization accords well with evidence regarding psychopaths’ intense (...) focus on the temporal present and difficulties in engaging in mental time travel, as well as with the essentially egocentric and identity-based nature of grief. -/- . (shrink)

Chemical structures are among the trademarks of our profession, as surely chemical as flasks, beakers and distillation columns. When someone sees one of us busily scribbling formulas or structures, he or she has no trouble identifying a chemist. Yet these familiar objects, which accompany our work from start to end, from the initial doodlings (Fig. I) to the final polished artwork in a publication (Fig. II), are deceptively simple. They raise interesting and difficult questions about representation. It is the intent (...) of this article to reflect upon molecular graphics. (shrink)

New and radically reformative thinking about the enactive and embodied basis of cognition holds out the promise of moving forward age-old debates about whether we learn and how we learn. The radical enactive, embodied view of cognition (REC) poses a direct, and unmitigated, challenge to the trademark assumptions of traditional cognitivist theories of mind—those that characterize cognition as always and everywhere grounded in the manipulation of contentful representations of some kind. REC has had some success in understanding how sports (...) skills and expertise are acquired. But, REC approaches appear to encounter a natural obstacle when it comes to understanding skill acquisition in knowledge-rich, conceptually based domains like the hard sciences and mathematics. This paper offers a proof of concept that REC’s reach can be usefully extended into the domain of science, technology, engineering, and mathematics (STEM) learning, especially when it comes to understanding the deep roots of such learning. In making this case, this paper has five main parts. The section “Ancient Intellectualism and the REC Challenge” briefly introduces REC and situates it with respect to rival views about the cognitive basis of learning. The “Learning REConceived: from Sports to STEM?” section outlines the substantive contribution REC makes to understanding skill acquisition in the domain of sports and identifies reasons for doubting that it will be possible to apply the same approach to knowledge-rich STEM domains. The “Mathematics as Embodied Practice” section gives the general layout for how to understand mathematics as an embodied practice. The section “The Importance of Attentional Anchors” introduces the concept “attentional anchor” and establishes why attentional anchors are important to educational design in STEM domains like mathematics. Finally, drawing on some exciting new empirical studies, the section “Seeing Attentional Anchors” demonstrates how REC can contribute to understanding the roots of STEM learning and inform its learning design, focusing on the case of mathematics. (shrink)

This article is a critical evaluation of Holger Thesleff’s thinking on Plato’s Forms. The emphasis is, more specifically, on his “rethinking” of the matter, as he puts it in the title of his most recent contribution (Alican and Thesleff 2013: “Rethinking Plato’s Forms”). The general aim is to launch the academic reception of that bold intervention in Plato scholarship, which Thesleff cautiously positions a modest proposal — his trademark teaser to elicit a reaction, positive or negative. Representing a sympathetic (...) perspective, coverage here proceeds in the manner of dialectical engagement with the main lines of his interpretation and reconstruction of Plato’s world. The exegetical focus is on tracing the inspiration and reasoning behind his “two-level” model of Plato’s metaphysics, which, in turn, supports his tripartite classification of Forms. The critical focus is on identifying potential areas of misunderstanding and supplying any explanations, analyses, and arguments that may enhance the clarity of the respective positions. (shrink)

In attempting to answer the question posed by this book's title, Giorgio Agamben does not address the idea of philosophy itself. Rather, he turns to the apparently most insignificant of its components: the phonemes, letters, syllables, and words that come together to make up the phrases and ideas of philosophical discourse. A summa, of sorts, of Agamben's thought, the book consists of five essays on five emblematic topics: the Voice, the Sayable, the Demand, the Proem, and the Muse. In keeping (...) with the author's trademark methodology, each essay weaves together archaeological and theoretical investigations: to a patient reconstruction of how the concept of language was invented there corresponds an attempt to restore thought to its place within the voice; to an unusual interpretation of the Platonic Idea corresponds a lucid analysis of the relationship between philosophy and science, and of the crisis that both are undergoing today. In the end, there is no universal answer to what is an impossible or inexhaustible question, and philosophical writing—a problem Agamben has never ceased to grapple with—assumes the form of a prelude to a work that must remain unwritten. (shrink)

This article is a proposal for retracing the main lines of Plato’s thought, doubling as a roadmap for reconsidering the formative features of his world, including the proprietary stock of conceptual tools he uses for building and maintaining it. Developing an alternative interpretation of his philosophical vision, the central focus is on what he does with the Forms. The guiding paradigm is the unitary pluralism of a hierarchically structured universe comprising interdependent levels of reality as a substitute for the traditional (...) dualism of a world of Forms separated from the world of particulars. An integral part of the model proposed, representing a sharp departure from tradition, is a reorganization of Forms in three distinct categories: Ideal Forms, Conceptual Forms, and Relational Forms. The result is a recalibration of Plato’s insights, tools, and methods toward a better understanding of his overall philosophy, especially his distinctive conception of reality and his unique perspective of the world. The initiative promises, in addition, to restore Plato’s methodological trademark of systematic emphasis on that which is good, a dialectical predilection in articulation of a cosmological constant that cannot be accommodated through a separation of worlds. (shrink)

Self-recognition by 86 children was assessed using the mirror mark test in two different social contexts. In the classic mirror task condition, only the child was marked prior to mirror exposure . In the social norm condition, the child, experimenter, and accompanying parent were marked prior to the child’s mirror exposure . Results indicate that in both conditions children pass the test in comparable proportion, with the same increase as a function of age. However, in the Norm condition, children displayed (...) significantly more hesitation while removing the mark, often touching it without removing it or, if so, promptly putting the mark back onto their forehead. In the Classic condition, only one child showed such hesitation. These results suggest that from the outset, mirror self-recognition can refer to social awareness. This link is interpreted as the trademark of human self-consciousness, a deeply rooted “looking glass” self-awareness. (shrink)

One important aspect of globalization is the increasingly dense and influential regime of global rules that govern and shape interactions everywhere. Covering trade, investment, loans, patents, copyrights, trademarks, labor standards, environmental protection, use of seabed resources, production and marketing of weapons, maintenance of public security, and much else, these rules—structuring and enabling, permitting and constraining—have a profound impact on the lives of human beings and on the ecology of our planet. It is therefore important to think carefully, in moral terms, (...) about their design. (shrink)

Bruno Latour is best known for his work in the cultural study of science. In this pamphlet he turns his attention to another worthy pursuit: the project of peace. As one might expect, Latour gives us a radically different picture of this project than Kant or the philosophes, asserting that the West has been in a constant state of war both with other cultures and its own—although unwittingly so. Read through the lens of his trademark take on "the modern," (...) his arguments are original, thoughtful, and, as usual, provocative. (shrink)

This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this (...) publication does not imply, even in the absence of a specifi c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. (shrink)

The metaverse is equivocal. It is a science-fictional concept from the past; it is the present’s rough implementations; and it is the Promised Cyberland, expected to manifest some time in the future. The metaverse first emerged as a techno-capitalist network in a 1992 science fiction novel by Neal Stephenson. Our article thus marks the metaverse’s thirtieth anniversary. We revisit Stephenson’s original concept plus three sophisticated antecedents from 1972 to 1984: Jean Baudrillard’s simulation, Sherry Turkle’s networked identities, and Jacques Lacan’s schema (...) of suggestible consumers hooked up to a Matrix-like capitalist network. We gauge the relevance of these three antecedents following Meta’s recent promise to deliver a metaverse for the mainstream and the emergence of blockchain-oriented metaverse projects. We examine empirical data from 2021 and 2022, sourced from journalistic and social media (BuzzSumo, Google Trends, Reddit, and Twitter) as well as the United States Patent and Trademark Office. This latest chapter of the metaverse’s convoluted history reveals a focus not on virtual reality goggles but rather on techno-capitalist notions like digital wallets, crypto-assets, and targeted advertisements. The metaverse’s wallet-holders collect status symbols like limited-edition profile pictures, fashion items for avatars, tradable pets and companions, and real estate. Motivated by the metaverse’s sophisticated antecedents and our empirical findings, we propose a subtle conceptual re-orientation that respects the metaverse’s equivocal nature and rejects sanitised solutionism. Do not let the phantasmagorical goggles distract you too much: Big Meta is watching you, and it expects you to become a wallet-holder. Blockchain proponents want this as well. (shrink)

From early on, comparative philosophy has had on offer a high variety of goals, approaches and methodologies. Such high variety is still today a trademark of the discipline, and it is not uncommon of representatives of one camp in comparative philosophy to think of those in other camps as not really being about ‘comparative philosophy’. Much of the disagreement arguably has to do with methodological problems related to the concept of comparison and with the widely prevailing but unwarranted assumption (...) that comparative philosophy should be about comparing ‘culturally different philosophies’. This paper seeks to problematize this assumption by clarifying conceptually the notions of ‘comparative philosophy’ and of ‘comparison’, by showing the prevalence of the assumption in recent second-order discussions of methodology in comparative philosophy and its restraining implications in a randomly selected contribution of ‘Chinese philosophy’. At the end, a rallying call for a (self-)critical comparative philosophy is issued. (shrink)

The ontology of marketing, particularly the question of what products and brands are, is still largely unexplored. The ontological status of brands hinges on their relationship with products. Idealists about brands see perceptual or cognitive acts of consumers grouped under the heading ‘brand awareness’ or ‘brand image’ as constitutive for the existence of brands so that, in their view, tools of the marketing mix can influence relevant mental dispositions and attitudes. Brand realists, on the other hand, reject the view of (...) brands as mere marks or names and interpret them as emergent products with properties that afford branding in the sense of Gibson’s ecological psychology. Brand strength is a function of the degree to which brands occupy defensible niches in product space. Branding as a process involves changing external or internal boundaries of products. Several arguments are proposed in favor of brand realism. The fragments of an ontology of marketing are developed in a broadly Aristotelian framework. Brand realism has significant implications for a new understanding of issues ranging from the effects of advertising to financial brand valuation, the nature of trademarks, and marketing strategy in general. It permits one to treat brand equity as a real phenomenon not dependent on associations, attitudinal states such as brand loyalty, or spurious constructs such as brand character or personality. (shrink)

The trajectory of Friedrich Nietzsche’s thought has long presented a difficulty for the study of his philosophy. How did the young Nietzsche—classicist and ardent advocate of Wagner’s cultural renewal—become the philosopher of Will to Power and the Eternal Return? With this book, Laurence Lampert answers that question. He does so through his trademark technique of close readings of key works in Nietzsche’s journey to philosophy: The Birth of Tragedy, Schopenhauer as Educator, Richard Wagner in Bayreuth, Human All Too Human, (...) and “Sanctus Januarius,” the final book of the 1882 Gay Science. Relying partly on how Nietzsche himself characterized his books in his many autobiographical guides to the trajectory of his thought, Lampert sets each in the context of Nietzsche’s writings as a whole, and looks at how they individually treat the question of what a philosopher is. Indispensable to his conclusions are the workbooks in which Nietzsche first recorded his advances, especially the 1881 workbook which shows him gradually gaining insights into the two foundations of his mature thinking. The result is the most complete picture we’ve had yet of the philosopher’s development, one that gives us a Promethean Nietzsche, gaining knowledge even as he was expanding his thought to create new worlds. (shrink)

This handbook presents the state of the art of quantitative methods and models to understand and assess the science and technology system. Focusing on various aspects of the development and application of indicators derived from data on scholarly publications, patents and electronic communications, the individual chapters, written by leading experts, discuss theoretical and methodological issues, illustrate applications, highlight their policy context and relevance, and point to future research directions. A substantial portion of the book is dedicated to detailed descriptions and (...) analyses of data sources, presenting both traditional and advanced approaches. It addresses the main bibliographic metrics and indexes, such as the journal impact factor and the h-index, as well as altmetric and webometric indicators and science mapping techniques on different levels of aggregation and in the context of their value for the assessment of research performance as well as their impact on research policy and society. It also presents and critically discusses various national research evaluation systems. Complementing the sections reflecting on the science system, the technology section includes multiple chapters that explain different aspects of patent statistics, patent classification and database search methods to retrieve patent-related information. In addition, it examines the relevance of trademarks and standards as additional technological indicators. The Springer Handbook of Science and Technology Indicators is an invaluable resource for practitioners, scientists and policy makers wanting a systematic and thorough analysis of the potential and limitations of the various approaches to assess research and research performance. (shrink)

What significance does "ethics" have for the men and women serving in the military forces of nations around the world? What core values and moral principles collectively guide the members of this "military profession?" This book explains these essential moral foundations, along with "just war theory," international relations, and international law. The ethical foundations that define the "Profession of Arms" have developed over millennia from the shared moral values, unique role responsibilities, and occasional reflection by individual members the profession on (...) their own practices - eventually coming to serve as the basis for the "Law of Armed Conflict" itself.This book focuses upon the ordinary men and women around the world who wear a military uniform and are committed to the defense of their countries and their fellow citizens. It is about what they do, how they do it, what they think about it, how they behave when carrying out their activities, and how they are expected to behave, both on and off the battlefield - and what everyone needs to know about this. The book also examines how military personnel are treated and regarded by those whom they have sworn to defend and protect, as well as how they treat and regard one another within their respective services and organizational settings. Finally, the book discusses the transformations in military professionalism occasioned by new developments in armed conflict, ranging counterinsurgency warfare and humanitarian military intervention, to cyber conflict, military robotics, and private military contracting. From China to Russia, author George Lucas effectively sheds light on today's military ethics in existence throughout the world. What Everyone Needs to Know® is a registered trademark of Oxford University Press. (shrink)

In Beyond Positivism, Behaviorism, and Neoinstitutionalism in Economics, Deirdre Nansen McCloskey zeroes in on the authoritarian cast of recent economics, arguing for a re-focusing on the liberated human. The behaviorist positivism fashionable in the field since the 1930s treats people from the outside. It yielded in Williamson and North a manipulative neoinstitutionalism. McCloskey argues that institutions as causes are mainly temporary and intermediate, not ultimate. They are human-made, depending on words, myth, ethics, ideology, history, identity, professionalism, gossip, movies, what your (...) mother taught you. Humans create conversations as they go, in the economy as in the rest of life. In engaging and erudite prose, McCloskey exhibits in detail the scientific failures of neoinstitutionalism. She proposes a "humanomics," an economics with the humans left in. Humanomics keeps theory, quantification, experiment, mathematics, econometrics, though insisting on more true rigor than is usual. It adds what can be learned about the economy from history, philosophy, literature, and all the sciences of humans. McCloskey reaffirms the durability of "market-tested innovation" against the imagined imperfections to be corrected by a perfect government. With her trademark zeal and incisive wit, she rebuilds the foundations of economics. (shrink)