A collection of twelve essays by John Perry and two essays he co-authored, this book deals with various problems related to "self-locating beliefs": the sorts of beliefs one expresses with indexicals and demonstratives, like "I" and "this." Postscripts have been added to a number of the essays discussing criticisms by authors such as Gareth Evans and Robert Stalnaker. Included with such well-known essays as "Frege on Demonstratives," "The Problem of the Essential Indexical," "From Worlds to Situations," and "The Prince (...) and the Phone Booth" are a number of important essays that have been less accessible and that discuss important aspects of Perry's views, referred to as "Critical Referentialism," on the philosophy of language and the philosophy of mind. (shrink)

When feminist philosophers first turned their attention to traditional ethical theory, its almost exclusive emphasis upon justice, rights, abstract rationality, and individual autonomy came under special criticism. Women’s experiences seemed to suggest the need for a focus on care, empathetic relations, and the interdependence of persons.The most influential readings of what has become an extremely lively and fruitful debate are reproduced here along with important new contributions by Alison Jaggar and Sara Ruddick. As this volume testifies, there is no agreement (...) on the important questions about the relationship between justice and care, but the debate has deepened and enriched our understanding in many ways. Justice and Care is a valuable collection of readings—an essential tool for anyone studying the state of feminist thought in particular or ethical theory in general. (shrink)

The Buddhist philosophical tradition is vast, internally diverse, and comprises texts written in a variety of canonical languages. It is hence often difficult for those with training in Western philosophy who wish to approach this tradition for the first time to know where to start, and difficult for those who wish to introduce and teach courses in Buddhist philosophy to find suitable textbooks that adequately represent the diversity of the tradition, expose students to important primary texts in reliable translations, that (...) contextualize those texts, and that foreground specifically philosophical issues. Buddhist Philosophy fills that lacuna. It collects important philosophical texts from each major Buddhist tradition. Each text is translated and introduced by a recognized authority in Buddhist studies. Each introduction sets the text in context and introduces the philosophical issues it addresses and arguments it presents, providing a useful and authoritative guide to reading and to teaching the text. The volume is organized into topical sections that reflect the way that Western philosophers think about the structure of the discipline, and each section is introduced by an essay explaining Buddhist approaches to that subject matter, and the place of the texts collected in that section in the enterprise. This volume is an ideal single text for an intermediate or advanced course in Buddhist philosophy, and makes this tradition immediately accessible to the philosopher or student versed in Western philosophy coming to Buddhism for the first time. It is also ideal for the scholar or student of Buddhist studies who is interested specifically in the philosophical dimensions of the Buddhist tradition. (shrink)

No word in English is shorter than the word I.' And yet no word is more important in philosophy. When Descartes said I think therefore I am' he produced something that was both about himself and a universal formula. The word I' is called an indexical' because its meaning always depends on who says it. Other examples of indexicals are you,' here,' this' and now.' John Perry discusses how these kinds of words work, and why they express important philosophical thoughts. (...) He shows that indexicals pose a challenge to traditional assumptions about language and thought. Over the years a number of these papers, now included in this book, have sparked lively debates and have been influential in philosophy, linguistics and other areas of cognitive science. With seven new papers, including the previously unpublished What Are Indexicals?,' the present volume expands on an earlier version of this book published in the early nineties. Also included are the well-known papers Frege on Demonstratives,' Cognitive Significance and New Theories of Reference,' Evading the Slingshot,' The Prince and the Phone booth', Fodor on Psychological Explanations', and related papers on situation semantics, direct reference, and the structure of belief. This book also includes afterwords written by the author that discuss responses to his work by Gareth Evans, Robert Stalnaker, Barbara Partee, Howard Wettstein and others. (shrink)

Several philosophical issues in connection with computer simulations rely on the assumption that results of simulations are trustworthy. Examples of these include the debate on the experimental role of computer simulations :483–496, 2009; Morrison in Philos Stud 143:33–57, 2009), the nature of computer data Computer simulations and the changing face of scientific experimentation, Cambridge Scholars Publishing, Barcelona, 2013; Humphreys, in: Durán, Arnold Computer simulations and the changing face of scientific experimentation, Cambridge Scholars Publishing, Barcelona, 2013), and the explanatory power of (...) computer simulations :277–292, 2008; Durán in Int Stud Philos Sci 31:27–45, 2017). The aim of this article is to show that these authors are right in assuming that results of computer simulations are to be trusted when computer simulations are reliable processes. After a short reconstruction of the problem of epistemic opacity, the article elaborates extensively on computational reliabilism, a specified form of process reliabilism with computer simulations located at the center. The article ends with a discussion of four sources for computational reliabilism, namely, verification and validation, robustness analysis for computer simulations, a history of successful implementations, and the role of expert knowledge in simulations. (shrink)

Nicole Hassoun here makes a philosophical argument for health, and access to essential medicines, as essential human rights, and she proposes the Global Health Impact system as a way to ensure those rights. She reports how life-saving medicines are inaccessible and costly for the global poor, and that rather than focusing on treatments for critical, deadly global health problems, pharmaceutical companies instead invest in more profitable drugs. To address this problem, Hassoun's proposal will rate pharmaceutical companies based on (...) their medicines' impact on the improvement of global health, and will reward highly-rated medicines with a Global Health Impact label. (shrink)

In 1931 eminent chemist Fritz Paneth maintained that the modern notion of “element” is closely related to (and as “metaphysical” as) the concept of element used by the ancients (e.g., Aristotle). On that basis, the element chlorine (properly so-called) is not the elementary substance dichlorine, but rather chlorine as it is in carbon tetrachloride. The fact that pure chemicals are called “substances” in English (and closely related words are so used in other European languages) derives from philosophical compromises made by (...) grammarians in the late Roman Empire (particularly Priscian [fl. ~520 CE]). When the main features of the constitution of isotopes became clear in the first half of the twentieth century, the formal (IUPAC) definition of a “chemical element” was changed. The features that are “essential” to being an element had previously been “transcendental” (“beyond the sphere of consciousness”) but, by the mid-twentieth century the defining characteristics of elements, as such, had come to be understood in detail. This amounts to a shift in a “horizon of invisibility” brought about by progress in chemistry and related sciences. Similarly, chemical insight is relevant to currently-open philosophical problems, such as the status of “the bundle theory” of the coherence of properties in concrete individuals. (shrink)

The idea of artificial intelligence for social good is gaining traction within information societies in general and the AI community in particular. It has the potential to tackle social problems through the development of AI-based solutions. Yet, to date, there is only limited understanding of what makes AI socially good in theory, what counts as AI4SG in practice, and how to reproduce its initial successes in terms of policies. This article addresses this gap by identifying seven ethical factors that are (...) essential for future AI4SG initiatives. The analysis is supported by 27 case examples of AI4SG projects. Some of these factors are almost entirely novel to AI, while the significance of other factors is heightened by the use of AI. From each of these factors, corresponding best practices are formulated which, subject to context and balance, may serve as preliminary guidelines to ensure that well-designed AI is more likely to serve the social good. (shrink)

This collection gathers a set of central papers from the emerging area of ethics and climate change.

ONE KIND OF PHILOSOPHICAL PUZZLEMENT arises when we have an apparent conflict of intuitions. If we are philosophers, we then try to show that the apparent conflict of intuitions is only an apparent conflict and not a real one. If we fail, we may have to say that what we took to be an apparent conflict of intuitions was in fact a conflict of apparent intuitions, and then we must decide which of the conflicting apparent intuitions is only an apparent (...) intuition. But if we succeed, then both of the intuitions will be preserved. Since there was an apparent conflict, we will have to conclude that the formulation of at least one of the intuitions was defective. And though the formulation may be imbedded in our ordinary language, we will have to say that, strictly and philosophically, a different formulation is to be preferred. But to make it clear that we are not rejecting the intuition we are reformulating, we must show systematically how to interpret the ordinary formulation into the philosophical one. The extent to which we can show this will be one mark of our success in dealing with the philosophical puzzle. Another will be the extent to which our proposed solution contributes to the solution of still other philosophical puzzles. (shrink)

This chapter examines phenomena of aesthetic experience and aesthetic creativity in terms of a qualitative dynamics of movement. It notes the lack of consideration of the foundational role of movement in human and other activity, and the need for thorough description of kinetic-tactile and kinaesthetic experience. It recommends the importance of phenomenological methods to achieve this task and outlines an application of such methods to phenomena of aesthetic creativity.

Michael Ravvin, Department of Political Science, Columbia University, 420 W. 118th Street, New York, NY 10027 Email: mer2133{at}columbia.edu ' + u + '@' + d + ' '//--> Abstract The existing intellectual property regime discourages the innovation of, and access to, essential medicines for the poor in developing countries. A successful proposal to reform the existing system must address these challenges of access and innovation. This essay will survey the problems in the existing pharmaceutical patent system and offer critical (...) analysis of some reform proposals. I will argue that existing mechanisms that are intended to mitigate the harms of the current pharmaceutical patent system, such as bulk buying, differential pricing and compulsory licenses, are inadequate and perhaps even counter-productive over the long-term. Other incentive mechanisms based on push funding, such as government research grants, are inefficient and limited in scope. Pull mechanisms, which offer some reward for successful pharmaceutical innovations, offer a more promising incentive mechanism. I will evaluate three pull mechanisms -- Priority Review Vouchers, Advance Market Commitment (AMC) and the Health Impact Fund -- on the basis of their capacity to incentivize access and innovation, as well as their efficiency and political feasibility. Though the Health Impact Fund appears to be the most promising proposal, more work must be done to overcome challenges of its implementation. CiteULike Connotea Del.icio.us What's this? (shrink)

A novel treatment of an issue central to much current work in metaphysics: the distinction between the essential and accidental properties of individuals. Mackie challenges widely held views, and arrives at what she calls "minimalist essentialism," an unorthodox theory according to which ordinary individuals have relatively few interesting essential properties. Mackie's clear and accessible discussions of issues surrounding necessity and essentialism mean that the book will appeal as much to graduate students as it will to seasoned metaphysicians.

Review of T. S. Kuhn's The Essential Tension.

In two recent essays, Thomas Pogge addresses the question of how research and development of essential drugs should be incentivized. Essential drugs are drugs for diseases that ruin human lives. The current incentivizing scheme for such drugs is, according to Pogge, a significant causal factor in bringing about a state of affairs in which millions of people die or suffer from lack of access to essential drugs. Pogge, therefore, suggests a reform plan for how to incentivize research (...) and development of these drugs, and he is of the opinion that implementation of this plan will have a significant positive impact on the global disease burden. This paper is a critical examination of Pogge's reform plan. In the first part of the paper, Pogge's reasons for being dissatisfied with the current incentivizing scheme are spelled out. The reform plan is then presented, and in the final part of the paper, it is argued that the reform plan is flawed at a number of levels. (shrink)

Shortly before and during World War II many European psychoanalysts found refuge in South America, concentrated in Buenos Aires. Here, together with local professionals, they created a strong, creative and productive psychoanalytic movement that in turn gave birth to theoretical and clinical contributions that transformed psychoanalysis, psychology, medicine and culture in South America. _The Pioneers of Psychoanalysis in South America_ is a collection of those pioneers’ papers, and introduces the reader to a body of ideas and advancements, many of which (...) have had limited and piecemeal exposure within the psychoanalytic community in the rest of the world until now. The editors Nydia Lisman-Pieczanski and Alberto Pieczanski present original papers and essays, many of which have never before been published in English; those that have been translated were rarely presented in context. Each one of the chapters is accompanied by a scholarly introduction written by psychoanalysts, many of whom personally knew the pioneers and their oeuvres in depth, tracing the roots of their ideas in the European analytic schools. _The Pioneers of Psychoanalysis in South America _is divided into six main sections: Psychoanalytic process Psychoanalytic technique Metapsychology Psychoanalysis of children Culture and society Psychosomatic medicine. Nydia Lisman-Pieczanski and Alberto Pieczanski provide a coherent guide to the seminal ideas and practices of the South American psychoanalysts who have made major theoretical and clinical contributions to the advancement of the psychoanalytic discipline. The chapters present the material in a way that is accessible to psychoanalysts from across the globe and will enable them to incorporate the ideas and practices outlined here into their everyday psychoanalytic work. It will also be of interest to psychoanalytic psychotherapists, academics interested in the history and development of psychoanalytic ideas and psychoanalysis, and advanced students. The following link leads to an video interview featuring Nydia Lisman-Pieczanski and Alberto Pieczanski by the Washington Center for Psychoanalysis for the History Project, where they open up about their stories, their marriage, and their new book: https://www.routledge.com/posts/8996. (shrink)

When it comes to injustice, especially racial injustice, rage isn't just an acceptable response-it's crucial in order to fuel the fight for change. Anger has a bad reputation. Many people think that it is counterproductive, distracting, and destructive. It is a negative emotion, many believe, because it can lead so quickly to violence or an overwhelming fury. And coming from people of color, it takes on connotations that are even more sinister, stirring up stereotypes, making white people fear what an (...) angry other might be capable of doing, when angry, and leading them to turn to hatred or violence in turn, to squelch an anger that might upset the racial status quo. According to philosopher Myisha Cherry, anger does not deserve its bad reputation. It is powerful, but its power can be a force for good. And not only is it something we don't have to discourage, it's something we ought to cultivate actively. People fear anger because they paint it in broad strokes, but we can't dismiss all anger, especially not now. There is a form of anger that in fact is crucial in the anti-racist struggle today. This anti-racist anger, what Cherry calls Lordean rage, can use its mighty force to challenge racism: it aims for change, motivates productive action, builds resistance, and is informed by an inclusive and liberating perspective. People can, and should, harness Lordean rage and tap into its unique anti-racist potential. We should not suppress it or seek to replace it with friendly emotions. If we want to effect change, and take down racist structures and systems, we must manage it in the sense of cultivating it, and keeping it focused and strong. Cherry makes her argument for anti-racist anger by putting Aristotle in conversation with Audre Lorde, and James Baldwin in conversation with Joseph Butler. The Case for Rage not only uses the tools of philosophy to articulate its arguments, but it sharpens them with the help of social psychology and history. The book is philosophically rich and yet highly accessible beyond philosophical spheres, issuing an urgent call to all politically and socially engaged readers looking for new, deeply effective tools for changing the world. Its message will resonate with the enraged and those witnessing such anger, wondering whether it can help or harm. Above all, this book is a resource for the activist coming to grips with a seemingly everyday emotion that she may feel rising up within her and not know what to do with. It shows how to make sure anger doesn't go to waste, but instead leads to lasting, long-awaited change. (shrink)

A central debate in philosophy and neuroscience pertains to whether PFC activity plays an essential role in the neural basis of consciousness. Neuroimaging and electrophysiology studies have revealed that the contents of conscious perceptual experience can be successfully decoded from PFC activity, but these findings might be confounded by post- perceptual cognitive processes, such as thinking, reasoning, and decision-making, that are not necessary for con- sciousness. To clarify the involvement of the PFC in consciousness, we present a synthesis of (...) research that has used intracranial electrical stimulation (iES) for the causal modulation of neural activity in the human PFC. This research provides compelling evidence that iES of only certain prefrontal regions (i.e., orbitofrontal cortex and anterior cingu- late cortex) reliably perturbs conscious experience. Conversely, stimulation of anterolateral prefrontal sites, often con- sidered crucial in higher-order and global workspace theories of consciousness, seldom elicits any reportable alterations in consciousness. Furthermore, the wide variety of iES-elicited effects in the PFC (e.g., emotions, thoughts, and olfactory and visual hallucinations) exhibits no clear relation to the immediate environment. Therefore, there is no evidence for the kinds of alterations in ongoing perceptual experience that would be predicted by higher-order or global workspace theories. Nevertheless, effects in the orbitofrontal and anterior cingulate cortices suggest a specific role for these PFC subregions in supporting emotional aspects of conscious experience. Overall, this evidence presents a challenge for higher-order and global workspace theories, which commonly point to the PFC as the basis for con- scious perception based on correlative and possibly confounded information. (shrink)

Fibroblast growth factors (FGFs) comprise a large family of developmental and physiological signaling molecules. All FGFs have a high affinity for the glycosaminoglycan heparin and for cell surface heparan sulfate proteoglycans. A large body of biochemical and cellular evidence points to a direct role for heparin/heparan sulfate in the formation of an active FGF/FGF receptor signaling complex. However, until recently there has been no direct demonstration that heparan is required for the biological activity of FGF in a developmental system in (...) vivo. A recent paper by Lin et al.(1) has broken through this barrier to demonstrate that heparan sulfate is essential for FGF function during Drosophila development. The establishment of a role for heparan sulfate in FGFR activation in vivo suggests that tissue-specific differences in the structure of heparan may modulate the activity of FGF. BioEssays 22:108–112, 2000. ©2000 John Wiley & Sons, Inc. (shrink)

This volume will be of great interest to scholars and students in epistemology.

Matthew Rimmer, ACIPA, The Australian National University, College of Law, Canberra, ACT, 0200, Australia. Tel.: (02) 61254164; Email: matthew.rimmer{at}anu.edu.au ' + u + '@' + d + ' '//--> Abstract This article considers the significance of the first export of essential medicines under the WTO General Council Decision 2003. In July 2007, Rwanda became the first country to provide a notification under the WTO General Council Decision 2003 of its intent to import a fixed-dose, triple combination HIV/AIDS drug manufactured (...) by the Canadian generic pharmaceutical manufacturer Apotex, Inc. In September 2007, Apotex was granted the first compulsory licence application under Canada's Access to Medicines Regime. This article considers the convoluted and protracted negotiations between the Government of Rwanda, Apotex and three patent holders, GlaxoSmithKline, Boehringer Ingleheim Canada and Shire BioChemical, Inc. It questions the efficiency of this process. This article considers the review of the Jean Chrétien Pledge to Africa Act 2004 (Canada). It is critical of the refusal of the Conservative Government of Canada to make any amendments to the legislation to improve the cost-effective delivery of essential medicines. This article queries the proposed Hong Kong Amendment to the TRIPS Agreement 1994, given the concerns of the Africa Group. It is submitted that it is undesirable to codify the WTO General Council Decision 2003, given its failure to provide a speedy, efficient and cost-effective delivery of essential medicines. CiteULike Connotea Del.icio.us What's this? (shrink)

In recent years, Asian philosophies have captured increasing attention in the West, setting off a profusion of new translations of classic Asian philosophical texts like the Analects and the Tao te Ching. Yet these texts are often inaccessible to Western readers because of subtleties of the concepts and other difficulties inherent in reading across cultures. Classic Asian Philosophy is designed to give someone new to Asian philosophy a clear sense of its most foundational and widely available texts, ranging from the (...) Upanishads and the Bhagavad Gita through Confucius to Zen. It presents philosophies that are at the roots of the cultures of India, China, Korea, and Japan, as well as other countries of south and east Asia. Each chapter brings a classic text to life, conveying the vitality and appeal of the work, while at the same time explaining its philosophical roots and the reasons for the positions it takes. The only book of its kind, Classic Asian Philosophy is an highly accessible guide to philosophy and culture, as well as a guide to further reading. (shrink)

A number of scholars have claimed that, on the assumption of incompati- bilism, there is a con ict between God's freedom and God's essential moral perfection. Jesse Couenhoven is one such example; Couenhoven, a com- patibilist, thinks that libertarian views of divine freedom are problematic given God's essential moral perfection. He writes, \libertarian accounts of God's freedom quickly run into a conceptual problem: their focus on con- tingent choices undermines their ability to celebrate divine freedom with regard to (...) the essential divine nature. For an Augustinian [i.e., a compat- ibilist], by contrast, God's freedom is not at odds with the necessities of perfect love but ful lled by it."1 Others who argue for similar conclusions include William Rowe and Wes Morriston. Michael Bergmann and Jan Cover have recently argued that divine responsibility and moral perfection are compatible with the absence of divine freedom. In this paper, I argue that the arguments which hold that divine freedom con icts with essen- tial divine moral perfection fail. I develop an account of divine freedom which not only doesn't con ict with God's essential moral goodness but shows that such goodness is a necessary part of perfected freedom. I then show how this understanding of free will takes away a major motivation for Bergmann and Cover's apparent willingness to reject divine freedom. (shrink)

The purpose of this engaging book is twofold: to explain and justify the primary objects and methods of the discipline of philosophy, and to show how philosophy ...

The present work deals with the quality issue in social ontology: the fact that social entities not only can exist or not exist, but can also be more or less achieved and be subject to degrees of existence, and the fact that social entities can be bearers of varieties of ways of existence, that is, there are several ways in which a social entity of a certain type can be realized. In accordance with phenomenological eidetics, I show that modifications of (...) essential connections involve lacks or variations of essential parts of entities, which, respectively, imply degrees of existence and varieties of ways of existence which “enhance” the existence of social entities, and I argue that the modification issue hits the core of the quality of existence issue. Lastly, I focus on the essential connection of tendency as another case in which eidetics provides meaningful insights into the existential quality issue in social ontology. (shrink)

Fibroblast growth factors (FGFs) comprise a large family of developmental and physiological signaling molecules. All FGFs have a high affinity for the glycosaminoglycan heparin and for cell surface heparan sulfate proteoglycans. A large body of biochemical and cellular evidence points to a direct role for heparin/heparan sulfate in the formation of an active FGF/FGF receptor signaling complex. However, until recently there has been no direct demonstration that heparan is required for the biological activity of FGF in a developmental system in (...) vivo. A recent paper by Lin et al.(1) has broken through this barrier to demonstrate that heparan sulfate is essential for FGF function during Drosophila development. The establishment of a role for heparan sulfate in FGFR activation in vivo suggests that tissue-specific differences in the structure of heparan may modulate the activity of FGF. BioEssays 22:108–112, 2000. ©2000 John Wiley & Sons, Inc. (shrink)

BackgroundEngagement of people with lived experience and members of the public is an ethically and scientifically essential component of health research. Authentic engagement means they are involved as full partners in research projects. Yet engagement as partnership is uncommon in practice, especially during priority-setting for research projects. What is needed for agenda-setting to be shared by researchers and people with lived experience and/or members of the public (or organisations representing them)? At present, little ethical guidance exists on this matter, (...) particularly that which has been informed by the perspectives of people with lived experience and members of the public. This article provides initial evidence about what they think are essential foundations and barriers to shared decision-making in health research priority-setting and health research more broadly.MethodsAn exploratory, qualitative study was conducted in 2019. 22 semi-structured interviews were performed with key informants from the UK and Australia.ResultsThree main types of foundations were thought to be essential to have in place before shared decision-making can occur in health research priority-setting: relational, environmental, and personal. Collectively, the three types of foundations addressed many (but not all) of the barriers to power sharing identified by interviewees.ConclusionsBased on study findings, suggestions are made for what researchers, engagement practitioners, research institutions, and funders should do in their policy and practice to support meaningful engagement. Finally, key international research ethics guidelines on community engagement are considered in light of study findings. (shrink)

Thomas Aquinas summarizes almost exclusively the attribute of knowledge in God in Q. D. De Veritate II: De scientia Dei. The absence of confrontation, in its substance, between this text and contemporary studies, referring primarily to the Sacred Doctrine or Theology as science, are treated in this paper integrally with those investigations. However, the approaches differ substantially. In those studies the metaphysical question for theology as a science is prioritized; in this work, however, the essence of God as a science (...) is highlighted. (shrink)

Ideal for survey courses in social and political philosophy, this volume is a substantially abridged and slightly altered version of Steven M. Cahn's Classics of Political and Moral Philosophy (OUP, 2001). Offering coverage from antiquity to the present, Political Philosophy: The Essential Texts is a historically organized collection of the most significant works from nearly 2,500 years of political philosophy. It moves from classical thought (Plato, Aristotle) through the medieval period (Aquinas) to modern perspectives (Machiavelli, Hobbes, Locke, Rousseau, Hume, (...) Adam Smith, Hamilton and Madison, Kant). The book includes work from major nineteenth-century thinkers (Hegel, Marx and Engels, Mill) and twentieth-century theorists (Rawls, Nozick, Foucault, Habermas, Nussbaum) and also presents a variety of notable documents and addresses, including the Declaration of Independence, the Bill of Rights, and speeches by Abraham Lincoln and Martin Luther King, Jr. The readings are substantial or complete texts, not fragments. An especially valuable feature of this volume is that the works of each author are introduced with an engaging essay by a leading contemporary authority. These introductions include Richard Kraut on Plato and Aristotle; Paul J. Weithman on Aquinas; Roger D. Masters on Machiavelli; Jean Hampton on Hobbes; A. John Simmons on Locke; Joshua Cohen on Rousseau and Rawls; Donald W. Livingston on Hume; Charles L. Griswold, Jr., on Adam Smith; Bernard E. Brown on Hamilton and Madison; Paul Guyer on Kant; Steven B. Smith on Hegel; Richard Miller on Marx and Engels; Jeremy Waldron on Mill; Thomas Christiano on Nozick; Thomas A. McCarthy on Foucault and Habermas; and Eva Feder Kittay on Nussbaum. (shrink)

In his book "Walden", Henry David Thoreau (1817-1862) describes an experiment intended to determine what is essential in life. His analysis includes a critique of the excesses of material culture, concluding that the most important concerns for human beings revolve around the retention of what he calls "heat." I suggest that there are a number of interesting parallels between this analysis and a cluster of ideas generally describable as "protodaoist" and often attributed to the legendary and obscure figure known (...) as Yang Zhu or Yangzi. In particular, both of these models can be seen to relate one's efficient preservation of life force to the accomplishment of what I am calling one's "natural destiny," and both include a concomitant critique of material culture. In this essay I will define the concept of natural destiny and articulate and compare the two models' common concern with achieving it through properly economizing one's resources in the face of the diversion provoked by material attachments. (shrink)

Not all intellectual property rights grant the right to exclude that is indicative of “property rules,” as that term was used by Guido Calabresi and A. Douglas Melamed in their seminal article. Some intellectual property rights are “liability rules,” in which the right holder has an entitlement to compensation for use of the protected invention, not a right to preclude the use. Although patent laws normally grant a right to exclude others from use of the protected invention as a default, (...) most countries’ laws allow the government to convert the patent property rule into a liability rule through a compulsory license. It has been noted, for example, that by the end of the 1950s, the U.S. had issued compulsory licenses covering 40 to 50 thousand patents, including substantial portions of the patent portfolios of AT&T, General Electric, IBM, and Xerox. The U.S. Supreme Court recently expressed a willingness to accept liability rules over injunctions in some patent infringement cases. (shrink)