This article aims to analyze the legal regulation of performers’ rights in Lithuania. Analysis is divided in two parts: the first part analyses performers’ economic rights by comparing them to the authors’ economic rights and the legal regulation of performers’ rights in foreign countries; the second part of article focuses on the different content of performers’ economic rights due to the mean of fixation of performance (unfixed performance, performance fixed to the phonogram, audiovisual fixation of (...) performance). Analysis of the Lithuanian legal regulation on performers’ economic right has shown that although Copyright Law of Lithuania in general complies with international and EU acts governing performers’ rights, four main fields of legal regulation need to be revised. Firstly, Copyright Law should provide that when concluding an agreement concerning an audiovisual fixation of his performance with a producer of audiovisual work the performer transfers his exclusive rights to the producer, the performer shall retain an unwaivable right to receive an equitable remuneration for every transferred exclusive right. Secondly, the legal definition of phonogram published for the commercial purposes should be provided in the Law on Copyright of Lithuania. (shrink)

The right inferior frontal gyrus has most strongly, although not exclusively, been associated with response inhibition, not least based on covariations of behavioral performance measures and local gray matter characteristics. However, the white matter microstructure of the rIFG as well as its connectivity has been less in focus, especially when it comes to the consideration of potential subdivisions within this area. The present study reconstructed the structural connections of the three main subregions of the rIFG using diffusion tensor imaging, and (...) further assessed their associations with behavioral measures of inhibitory control. The results revealed a marked heterogeneity of the three subregions with respect to the pattern and extent of their connections, with the pars orbitalis showing the most widespread inter-regional connectivity, while the pars opercularis showed the lowest number of interconnected regions. When relating behavioral performance measures of a stop signal task to brain structure, the data indicated an association between the dorsal opercular connectivity and the go reaction time and the stopping accuracy. (shrink)

Opponents and proponents alike of the freedom of the UK press to print prejudicial content about marginalised groups typically frame the debate in classic ‘free speech’ vs ‘harm principle’ terms. Those in favour of press freedom argue that the print press' right to freedom of expression beats any perceived or actual harm caused, and those against argue the opposite. Predictably, little progress is made in either party convincing the other. I suggest that we ought to instead ask, what grounds the (...) freedom of the press? I propose that one plausible answer is: the value of agential epistemic participation. And I argue that we cannot uphold that value at the same time as permitting discriminatory reporting against collectives of individuals. This offers a strong basis from which to argue for a change in UK press regulatory policy, to allow discrimination claims against groups of individuals to be heard. Further, when we consider the role of epistemic participation in one’s ability to perform as a person, we ought to find that most complaints will in practice find in the favour of the group in question, rather than the PPM. (shrink)

Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights, or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human (...) class='Hi'>rights regime is cosmopolitan citizenship in a world state – a conception of citizenship that is not countenanced by the UDHR – one must interpret the human right to citizenship as a universal right to a particular group right. Other UN Conventions affirm the right of national minorities and indigenous people to cultural autonomy.[1] In these cases the right attributed to the group is understood as protecting an individually held human right to freedom of religion, association, or cultural expression. Because these individual rights are exercised collectively and exclusively, they ensure that individual members of a particular group have the freedom to act unhindered by outsiders. However, groups often view their right to freedom of religion, association, and cultural expression in an entirely different way. Not only do they wish that their individual members be free from outside interference but they wish to be freely self-determining as a group. That is, they wish to collectively define their own identity, including the identity of their individual members, according to the dominant views of the majority. This right to collective self-determination entitles a group to limit the full exercise of its members’ human right to act as they wish whenever the group determines that this exercise endangers the identity of the group. In these cases, the internal threat to the group’s cultural identity posed by the heterodox practices of its own members appears to be indistinguishable from the external threat to the group’s cultural autonomy posed by outsiders. I shall argue that groups are sometimes morally entitled to limit the exercise of their members' human rights under certain conditions.[2] In some respects the notion of limitation operant here is familiar to us from our own understanding of what liberal democratic societies legitimately demand of their citizens. No right – human or otherwise – is exercised unconditionally, since rights sometimes conflict with one another and their possession is contingent upon respecting the rights of others, which normally involves accepting some limitations on what may be said or done. Laws merely codify how the majority understands these limits. Also, many philosophers have argued that the meaning of human rights is far from settled, so that even a liberal democratic interpretation of rights of the sort that is contained in the first article of the UDHR is far from being universally accepted.[3] Leaving aside the possibility that human rights do not entail the extensive liberty associated with a liberal understanding of them,[4] I shall argue that groups can sometimes be morally justified to limit the expressive liberty of their individual members so long as they are both ontologically and morally legitimate and provide dissenters with reasonable opportunities for exit. [1] These include the Convention Concerning Indigenous and Tribal Peoples in Independent Countries and the Declaration of Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities. [2] Following Thomas Pogge, I regard human rights as claims that individuals raise against institutions that are supposed to guarantee them the conditions and resources necessary for leading a minimally decent human life. Because institutions are imperfect and fallible, assessing their compliance with human rights involves weighing their overall success along a number of variables which normally preclude simple judgments that fall into the either/or of fully satisfying or fully violating a human right. An institution may perform reasonably well in insuring that almost all of the persons on whom it is imposed are relatively successful in enjoying human right X but not human right Y; likewise, it may insure that some persons on whom it is imposed have greater success in enjoying a human right than others. [3] Article 1 states that “All human beings are born free and equal in dignity and rights.” This article can be given a distinctly liberal interpretation if “equal” is understood as “same” and “rights” are understood in to include political rights to equal participation in government and “freedom to manifest his religion or belief in teaching practice, worship, and observance” “in public or private”. [4] There has been an extensive debate over whether human rights, understood as claims that individuals raise against the social institutions that are imposed on them, reflect a conception of individual self-assertion that is universally valid for all societies or only for liberal societies that have embarked upon a Western course of modernization. Some, like John Rawls, have sought to circumvent this impasse by defining the list of universally valid human rights minimally, and in terms that do not imply robust notions of freedom and equality of the sort associated with the Western liberal constitutional tradition. (shrink)

Knowledge is considered an essential resource and key to competitiveness. The behavior of sharing knowledge is an essential activity for the prosperity of the organization. For individuals, however, sharing knowledge can present a dilemma by giving up the exclusive right to certain knowledge that they own. This study identifies the psychological well-being as a leading factor in facilitating knowledge-sharing in dilemma situations. The author classified knowledge management behavior into sharing, hiding, and manipulating behavior, and studied them as mediators linking (...) psychological well-being and performance. And to check the influence of the quality of the exchange relationship, leader-member exchange was used as a moderator. For the empirical analysis, 333 members from 12 organizations were surveyed by using different sources and times. Hierarchical regression analysis and bootstrapping analysis were conducted for verification of hypothesis. Results demonstrated that the psychological well-being influence directly on knowledge-sharing, -hiding, and -manipulating behaviors and indirectly on performance. In the multi-mediation test, only knowledge-sharing behavior mediated the relationship between psychological well-being and performance. And the moderating effect of leader-member exchange was significant only in the relationship between psychological well-being and knowledge-sharing behavior. This study contributes to the performance, knowledge management and positive psychology research fields, and suggests practical implications. (shrink)

This contribution focuses on legal issues raised by the audiovisual broadcasting of performing arts, which has significantly increased due to the SARS-CoV-2 pandemic. First, we contextualize this practice and briefly present the emergence and evolution of the practice of “filmed theater”, as well as any other form of performances (e.g., concert, ballet, opera) originally conceived for the stage but subsequently diffused through other channels. Secondly, we address the current legal issues that have arisen because of the increase of such practice (...) due to the containment measures taken by government. Two axes are of particular attention: the matter of copyrights and related rights, on the one hand, and the question of public financing, on the other. Concerning intellectual property, audiovisual broadcasting leads to several legal consequences and issues: effectiveness of related rights, emergence of new modes of exploitation and new authors, recognition of the recording as an original work, etc. This new practice is, moreover, likely to disrupt the categories established by public funding legal mechanisms, which are often poorly adapted to hybrid artistic objects. The objective of this part is therefore to analyze the new legal issues raised by the audiovisual distribution of performances. Finally, we go beyond exclusively legal issues to examine the very specificities of performing arts and, more specifically, the possible loss that would result from a fixation of a production on a reproducible medium, making its diffusion possible beyond the stage. (shrink)

Remember how Kim Mental causation, Clarendon Press, Oxford, 1993b) used to argue against non-reductive physicalism to the effect that it cannot accommodate the causal efficacy of the mental? The argument was that if physicalists accept the causal closure of the physical, they are faced with an exclusion problem. In the original version of the argument, the dependence holding between the mental and the physical was cashed out in terms of supervenience. Due to the work or Fine and others, we have (...) since come to realize that modal notions are not well-suited to perform the work of properly characterizing dependence. As a consequence of this, an increasingly larger community of contemporary metaphysicians prefer to spell out mental-physical dependence in terms of a non-causal and non-reductive notion called grounding, which is intended to target a particular sort of metaphysical relation that takes us from ontologically less fundamental features of the world to that which is more fundamental. In this paper I join forces with those who think that this shift in focus is on the right track. More specifically, I will argue that the grounding physicalist can solve the exclusion problem in a way that is preferable to the supervenience-based nonreductive physicalist solution, as well as in a way that is compatible with the externalist picture of the mental. (shrink)

Background Respect for human rights and bioethical principles in prisons is a crucial aspect of society and is proportional to the well-being of the general population. To date, these ethical principles have been lacking in prisons and prisoners are victims of abuse with strong repercussions on their physical and mental health. Methods A systematic review was performed, through a MESH of the following words (bioethics) AND (prison), (ethics) AND (prison), (bioethics) AND (jail), (ethics) AND (jail), (bioethics) AND (penitentiary), (ethics) (...) AND (penitentiary), (prison) AND (human rights). Inclusion and exclusion criteria were defined and after PRISMA, 17 articles were included in the systematic review. Results Of the 17 articles, most were prevalence studies (n.5) or surveys (n.4), followed by cross-sectional studies (n.3), qualitative studies (n.1), retrospective (n.1) and an explanatory sequential mixed-methods study design (n.1). In most cases, the studies associated bioethics with prisoners’ access to treatment for various pathologies such as vaccinations, tuberculosis, hepatitis, HIV, it was also found that bioethics in prisons was related to the mental health of prisoners, disability, ageing, the condition of women, the risk of suicide or with the request for end-of-life by prisoners. The results showed shortcomings in the system of maintaining bioethical principles and respect for human rights. Conclusions Prisoners, in fact, find it difficult to access care, and have an increased risk of suicide and disability. Furthermore, they are often used as improper organ donors and have constrained autonomy that also compromises their willingness to have end-of-life treatments. In conclusion, prison staff (doctors, nurses, warders, managers) must undergo continuous refresher courses to ensure compliance with ethical principles and human rights in prisons. (shrink)

This article sets out a new conception of ‘property as an asset of resilience’. Building on Fineman’s emphasis on ‘webs’ of resilience, and applying insights from Actor-Network Theory and Resilient Property Theory, we examine how the rhetorical claims asserted by owners and non-owners, individually and collectively, and the ways that law recognizes and endorses those claims, affect the production of property-as-resilience. Applying Fineman’s framework, we argue that the ‘embodiment’ and ‘embeddedness’ of human vulnerability is revealed by the necessary and inevitable (...) relationship we have with land, housing and place. Everyone—including homeless people—must ‘be’ somewhere (embodiment); however, it is our ability to access ‘assets of resilience’ through our social embeddedness in institutional structures and relationships that mitigates (or not) our experience and life opportunities. In this article we analyze the nature of real property as an asset of resilience, the consequences of exclusionary concepts of ownership for how resilience is allocated, and the implications for how we think and talk about ‘exclusion’ and ‘inclusion’ in property theories and property law. We consider the roles that states perform in the allocation of property as an asset of resilience: both directly, through the protection and enforcement of private property rights and official narratives about the nature of private property; and indirectly, as owners leverage the hinterland of privilege extended to ‘ownership’ and owners to deepen their own networks of resilience. (shrink)

The article analyzes four areas of social life - the so-called "information power", public morality, public information and mass-media information. It's argued that they have become closely related in the information-dependent society. Understanding of their cross correlations and mutual determinations, as well as interconnections of those categories, is an important matter on the way of Intellectual Property philosophic research, believing the IP is one of the fundamental social institutions of our time. Regarding the abovementioned, the purpose of this research paper (...) is to synthesize a socio-philosophical vision of nowadays mutual determination and correlation of "information power", public morality, public information and mass-media information aspects of social reality. Then we obtain an opportunity to make appropriate extrapolation of these links and interdependencies into a social institution of Intellectual Property. At first glance, the relationship amidst mentioned four categories together is not quite obvious, as well as their relation to the Intellectual Property institution. But it becomes clearer when we define each of those aspects. The phenomenon of "information power" is functionally associated with the Intellectual Property institution: countries-innovators maximize their organizing and technological efforts to maintain a monopoly for intellectual property protected products as long as possible. In particular that applies to the objects protected by industrial property laws, and the objects of copyright. On effective protection of this monopoly it may depend the whole prospects of domination of some countries in the post-industrial world. Sometimes the use of "information power" ignores the principles of public morality, leaving the ideas of humanism, equality, freedom of information exchange, free access to knowledge and technologies, and some other noble postulates declared by the governments of leading countries regularly. In its turn Public Morality institution is essential to the substantiation of intellectual property, to the legitimization of this kind of "monopoly for knowledge" in information-dependent society. The state of public morality makes an influence upon the ideology formation inside different societies, including mental manifestations of their attitude towards the property itself, and intellectual property in particular. The Public Information is rather capacious notion. In the context of intellectual property it is most applicable to cases where the validity of intellectual-legal monopoly expires, and the product of creative or intellectual activity goes into the category of "the public domain". If we would restrict ourselves by terminology of Ukrainian legislation about information, then we could conclude that "public information" is almost incompatible with any monopoly on information. Therefore the right to distribute the information subjected as "a matter of public interest" sometimes comes into logical conflict with intellectual property rights. And further everything will already depend on a philosophical interpretation, as any intellectual product has its value for society's growth potential, so any object of intellectual property may be considered a priori as one that is "a subject of public interest" accordingly. But here we should recall the constitutional principles of the private property inviolability, and respect to the author's exclusive rights to own, to use and to dispose with the results of his own intellectual or creative work. After all, any work must be fairly rewarded, and the intellectual work especially. The term "mass-media information" is not the same as "public information". The mass-media info is not so much related to the content, as to the audience towards it meant to be distributed, and depends on the means and methods of broadcasting. The social significance of the mass-media information also varies. The Intellectual Property institution "meets" the mass-media institution in communicative space. The media are able to promote intellectual property commercialization very effectively. It's obvious that the media often do a popularizing effect, a distribution function for the newly created intellectual property objects. At the same time creative & intellectual products affect directly to the media ranking, filling their pages and diversifying their broadcasting by interesting creative production, that surely finds its audience. The reflection of referred issues is performed within the Doctor habil. Dissertation for philosophic research named "Intellectual Property Institution at the age of Information and Postmodernity: social-philosophic view". Methodological grounds of the research are based on general scientific methods and ad hoc approaches. Selected problematic's relevance is determined by the increasing weight and significance of intellectual property at the Information age. The Intellectual Property institution has become an inalienable sociocultural attribute of post-industrial society. Thus, the comprehension of informational and ethical nature of Intellectual Property enables to create a more objective view of the transformation's character for this specific kind of property at current sociocultural realities. (shrink)

The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context the authors review ways in (...) which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement. In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement. (shrink)

I would like to introduce the notion of machine hermeneutics in this paper. The notion refers to hermeneutical activity performed by machines. Machines are now capable of making the very interpretive tasks, using artificial intelligence algorithms based on the technology of machine learning that used to be the exclusive domain of human beings. In making this claim, I am not talking about possible conscious machines of the future, but those existing here and now. With facial recognition algorithms, for example, (...) machines are now performing routinely what must be regarded as hermeneutical analyses with astounding accuracy and power. Thus, machine hermeneutics supplements Don Ihde’s notion of material hermeneutics. In the latter, it is still human beings who do the interpretation, through the lenses provided the natural sciences; in this case, the natural sciences, or the technology afforded by the sciences, intervene between the human being and the world. In machine hermeneutics, on the contrary, the intervening comes in two layers. On the one hand, there is the usual intervention that Ihde talks about, but on the other, the artificial intelligence algorithm performs its own kind of intervention and interpretation, presenting an already interpreted result to the human beings, who then perceive it through the aid of the usual intervention such as the normal eyeglasses. Then the paper discusses the problem of how to justify the kind of perception that undergoes this process. In what sense can it be said that the algorithm is performing the right action, i.e., one such that the process comes up with a right picture of the world? I contend that this does not merely consist of technical excellence for the technology involved, but also ethical excellence. The two cannot be considered one apart from the other. (shrink)

The Handbook of the Study of Play brings together, in two volumes, thinkers whose diverse interests at the leading edge of scholarship and practice define the current field. Because play is an activity that humans have shared across time, place, and culture, and in their personal developmental timelines - and because this behavior stretches deep into the evolutionary past - no single discipline can lay claim to exclusive rights to study the subject. Thus, this handbook features the thinking (...) of evolutionary psychologists; ethologists and biologists; neuroscientists; developmental psychologists; psychotherapists and play therapists; historians; sociologists and anthropologists; cultural psychologists; philosophers; theorists of music, performance, and dance; specialists in learning and language acquisition; and playground designers. Together, but out of their varied understandings, the incisive contributions to The Handbook of the Study of Play take on vital questions of educational policy, literacy, fitness, the role of play in brain development, spotaneity and pleasure, well-being and happiness, fairness, and the fuller realization of the self. These volumes also comprise an intellectual history, offering retrospective looks at the great thinkers who have made possible the modern study of play. -- from back cover. (shrink)

Traditionally, certified public accountants (CPAs) have served a unique role in the world of commerce and the profession of accounting. They perform an attest function and thereby serve as the chief providers of relevant, high quality accounting information to the decision making public. CPAs are licensed practitioners, who as expert independent accountants express opinions about an entity'sfinancial statements. Their license provides them with the exclusive right to perform this attest function. This monoploy relies on the concept of independence that (...) is the normative standard of accountancy. It is this perceived independence of auditors which provides credibility, reliability and trust in the financial accounting information upon which stakeholders depend to make informed decisions. Now, however, we see the environment in which CPAs operate undergoing rapid change. Both the globalization of business operations and technological advances have radically changed how and where accountants work and the speed at which things happen. The very nature of accounting information services is evolving; moving from a concentration on audits to an increasing reliance on consulting and assurance services. New ethical issues have been raised by this confluence of changes in the accounting environment. Noteworthy is that the application of the principle of independence by CPAs has been called into question by no other than the SEC. Are those stakeholders who depend upon the independence of CPAs at risk? The influence of insiders has significantly increased as accounting firms perform multiple tasks for the same clients. This paper discusses the different groups who can potentially impair the independence of auditors and the steps that are being taken to enhance the "independence" of the auditors. (shrink)

When performing a skilled action—whether something impressive like a double somersault or something mundane like reaching for a glass of water—you exercise control over your bodily movements. Specifically, you guide their course. In what does that control consist? In this dissertation, I argue that it consists in attending to what you are doing. More specifically, in attending, agents harness their perceptual and perceptuomotor states directly and practically in service of their goals and, in doing so, settle the fine-grained manner in (...) which their bodies will move—details an intention alone leaves unsettled. This requires, among other things, that we reject views on which agents’ control is identical with their practical rationality. When all goes well, agents attentionally prioritize what is motivationally relevant to them to the exclusion of what would otherwise distract them from achieving their goals. However, sometimes agents attend distractedly—i.e., without prioritizing. As the aim of attention is to avoid distraction, this entails the possibility of defective attention. Defective attention, in turn, casts light on scenarios in which agents lose control over what they are doing, as when a skilled practitioner ‘chokes under pressure’. A complaint sometimes levelled against accounts, like mine, that claim to reduce agents’ control of their behaviour to that of causally efficacious mental states or events is that these accounts invariably deprive agents themselves of their rightful role in the generation of behaviour. This is the “Disappearing Agent Problem” for “reductive” or “event-causal” theories of action. I argue that, correctly understood, extant reductive theories do face a genuine Disappearing Agent Problem. However, it is a problem we solve by recognizing the role that conscious attention plays in making an action the agent’s own. Accordingly, I develop and defend an attentional account of action ownership. On this view, allocating conscious attention in service of your goals is sufficient for a kind of conscious perspective (“motivational perspective”), which, when active in controlling your behaviour, constitutes the behaviour as your own doing. As I explain, such perspective also contributes to explaining the subjective structure of your perceptual awareness of the world around you. (shrink)

Actions are right or wrong; agents are good or bad. Most ethicists are interested in the first dimension. My work is about the second. Factors relevant to the first dimension include, for example, the action's consequences and whether the action is a harm. But many other morally compelling factors are neglected if we focus exclusively on right and wrong---factors such as motives, intentions, effort, and character. These are among the factors of a second dimension, moral worth: the goodness or badness (...) of agents. We can perform right actions without being good agents. Knowing which actions are right only partially helps us answer the question of what it is to be good. ;I take it that what I have just said reflects ordinary moral intuitions. Nevertheless moral worth is a neglected topic in contemporary philosophical ethics. Others have written about specific virtues, or about "virtue ethics" as an alternative moral theory to consequentialism and deontology. But I know of no one else who has attempted a close analysis of the general factors that constitute praiseworthiness and blameworthiness. An account of these factors is relevant to any of the three leading contemporary ethical theories. ;My examination of these factors yields a surprising wealth of possible positions. I map out these positions and argue for the best of them. My specific topics include the nature of motives, Kantian views about the motive of duty, the relative weight of first-order and second-order motives, patterns of motives, effort as a complex of apparently conflicting subfactors, and the relevance of counterfactual circumstances to character. I appeal to the cases of Oskar Schindler and Huck Finn, among others, to illustrate the complexities of these issues. ;My dissertation is the first systematic analysis of the factors of moral worth. Internal states of persons---motives, intentions, effort, character---matter to us, and an ethical theory is richer with an adequate account of them. (shrink)

In a characteristically iconoclastic essay, “Does the State Have a Monopoly to Punish Crime?”, Douglas Husak argues that the state’s moral right to punish crime is all but self-evident while its supposed monopoly on punishment is a fiction. Husak draws this bracing conclusion from a modest, quasi-Lockean premise – that persons and other entities have a right to impose stigmatizing deprivations on those who wrong them. This premise evokes John Locke’s far stronger claim that everyone enjoys a natural right to (...) inflict potentially severe sanctions on any wrongdoer. The quasi-Lockean premise also evokes the familiar idea that all criminal wrongdoing is an attack on the broader community, and that law-breakers consequently owe a debt to society that they can repay through punishment. In this essay, I argue that the inferences Husak draws from the quasi-Lockean premise are unsound, but for reasons that reveal important lessons about the state’s right to punish crime and about the limits of what we can extract from the venerable idea that a central victim of criminal wrongdoing is the community as a whole. In Part II, I argue that the quasi-Lockean premise does not ground the state’s right to punish the kind of wrongs traditionally thought central to the criminal law, namely, wrongs perpetrated on individual human victims. In Part III, I answer Husak’s implicit challenge to describe a kind of stigmatizing deprivation – a kind of punishment – that the state alone has a right to inflict. I suggest that no entity but the state may inflict sanctions that constitute prima facie invasions of moral rights. (shrink)

Philosophers have recently expressed interest in the question as to whether there is a right to sex, a right whose justification is motivated by the existence of sexually excluded people—people who suffer from involuntary long-term sexual deprivation (owing, say, to a chronic medical condition). This paper, after offering preliminary remarks about what a right to sex and its objects might be and who might have this right, surveys seven justifications for the right: linkage arguments, need, well-being, a minimally decent life, (...) sexual activity being a basic good, injustice, and relationships. The paper argues that a right to sex does not likely exist because none of the justifications is convincing. The paper then argues that despite the lack of justification, and because sexual exclusion is a problem worthy of attention, people’s sexual needs can be addressed through the lens of goals instead of rights. This not only takes sexual exclusion seriously enough, it also avoids the crucial problems associated with rights-talk, especially that of sexual coercion. (shrink)

Abilities such as peripheral reaction are of special importance in soccer. Whether these abilities can be improved by sport-specific on-field interventions remains unclear. The aim of the present controlled trial was to investigate the effect of a soccer-specific perceptual-cognitive on-field training on peripheral reaction of highly talented soccer players aged 12 to 13 years. N = 38 male elite athletes from young talent centers were allocated to an intervention (n = 19) and a control group (n = 19). Computer-based peripheral (...) perception tests were conducted pre- and post-intervention. Combining a sport-specific and a juggling task, the intervention was performed once a week (8 weeks, 20 min. per week) in addition to team training. The control group exclusively underwent usual team training. Analyzes show significant differences between the two groups for Peripheral Reaction Time, with significant improvements for the intervention group and none for the control group. Furthermore, results indicate that improvements in peripheral reaction might be due to changes in the reaction time of right-footed players. Future studies should be conducted to clarify the effect of sport-specific on-field training approaches on peripheral reaction time. These analyzes should consider the influence of lateralization on effectivity of perceptual-cognitive on-field training approaches. (shrink)

Our successful engagement with the world is plausibly underwritten by our sensitivity to affordances in our immediate environment. The considerable literature on affordances focuses almost exclusively on affordances for bodily actions such as gripping, walking or eating. I propose that we are also sensitive to affordances for mental actions such as attending, imagining and counting. My case for this ‘Mental Affordance Hypothesis’ is motivated by a series of examples in which our sensitivity to mental affordances mirrors our sensitivity to bodily (...) affordances. Specifically, subjects perceive opportunities to perform a mental action and their doing so leads, under the right conditions, to the automatic preparation of that action. I conclude by sketching a mental affordance research program that would reinforce my case for the Mental Affordance Hypothesis and establish its ramifications for a number of debates across philosophy and psychology. (shrink)

Slurs are derogatory words and they are used to derogate certain groups. Theories of slurs must explain why they are derogatory words, as well as other features like independence and descriptive ineffability. This paper proposes an illocutionary force indicator theory of slurs: they are derogatory terms because their use is to perform the illocutionary act of derogation, which is a declarative illocutionary act to enforce norms against the target. For instance, calling a Chinese person “chink” is an act of derogation (...) to enforce racist norms that license exclusion of the Chinese, deny their rights to dignity, etc. The contribution of this paper is twofold. First, it offers a more comprehensive explanation of the features of slurs than earlier speech act approaches. Second, it provides a theory that is immune to the problems faced by existing theories, such as wrong predictions of truth-conditions, explaining unacceptability to non-bigots, and explaining slurs against the dominant groups. (shrink)

In the introduction to her book, Praxis und Logos bei Aristoteles, Friederike Rese rightfully bemoans a common prejudice within the secondary literature that mistakenly attempts to identify Plato, the so-called ‘idealist’, as the philosopher of λόγος and Aristotle, the so-called ‘realist’, as the philosopher of πρᾶξις. This traditional distinction between the philosophical life devoted to the pursuit of λόγος and the political life devoted to the pursuit of πρᾶξις as mutually exclusive forms of human activity also manifests itself as (...) a double tendency within Aristotelian scholarship: either to situate the theoretical philosophy above the practical philosophy, or to simply invert the hierarchy by emphasizing the practical over and against the theoretical. Both tendencies in their false play of oppositions generally fail to consider the comprehensive unity of both λόγος and πρᾶξις within Aristotle’s philosophy as a whole. By bringing into question some of these highly problematic divisions separating Aristotle’s theoretical philosophy from his practical philosophy, Rese aims to rehabilitate and recover the genuine transformation of λόγος within Aristotle in order to ultimately reveal its primordial unity with πρᾶξις. Rese’s aim is nothing less than to restore to Aristotle his rightful claim as the philosopher of λόγος: “If it was Aristotle who first described λόγος as the action of both reason and speech, then Aristotle was also the first who gave the concept of πρᾶξις its status as a philosophical term”. What really distinguishes Rese’s work from other works regarding the subject is the ingenuity of her central thesis, which focuses on the capacity of λόγος as a form of reason and speech to be responsible for both the determinacy and indeterminacy of human life and action. As a form of reason, λόγος establishes limits between determined and undetermined possibilities of action insofar as every determination of πρᾶξις must necessarily take into account those undetermined possibilities produced by λόγος. Rese’s thesis incorporates the principle of non-contradiction in Aristotle’s Metaphysics by designating λόγος as the limit of reason that orients a human being towards opposing possibilities of action. As a form of speech or saying, λόγος literally functions as the actualization of Aristotle’s principle of non-contradiction: “The same thing cannot at the same time both belong and not belong to the same object and in the same respect”. Every saying and deliberating of something is at the same time a delimitation of something from something else. Therefore, saying something is merely the performative aspect of deliberation which externalizes itself in the moment of decision determining the action. Because λόγος can produce a multiplicity of possibilities for any given action, the capacity of λόγος to exclusively determine an action separates human life from the indeterminacy of animal life. “While the possession of λόγος distinguishes the human being from all other life-forms, the activity of λόγος is also the actualization of life by arriving at the determining relation that characterizes the human being”. (shrink)

The recent boom of direct-to-consumer (DTC) genetic tests, aimed at measuring children’s athletic potential, is the latest wave in the ‘pre-professionalization’ of children that has characterized, especially but not exclusively, the USA in the last 15 years or so. In this paper, I analyse the use of DTC genetic tests, sometimes coupled with more traditional methods of ‘talent scouting’, to assess a child’s predisposition to athletic performance. I first discuss the scientific evidence at the basis of these tests, and the (...) parental decision in terms of education, and of investing in the children’s future, taken on the basis of the results of the tests. I then discuss how these parental practices impact on the children’s right to an open future, and on their developing sense of autonomy. I also consider the meaning and role of sports in childhood, and conclude that the use of DTC genetic tests to measure children’s athletic potential should be seen as a ‘wake up’ call for other problematic parental attitudes aimed at scouting and developing children’s talent. (shrink)

This article defends a pure functionalist theory of territorial jurisdiction according to which a state’s moral right to rule over a territory rests on its present moral performance as a freedom‐enabling institutional structure. A common objection against functionalist theories is that they cannot explain why it matters that one particular state has exclusive jurisdiction over a certain territory. This deficiency is often associated with the annexation challenge, which is supposed to show that functionalist theories cannot deal adequately with cases (...) of annexation. Against this line of criticism, I argue that the pure functionalist justification of the right to rule is capable of tackling challenges related to particularity and annexation. First, the pure functionalist theory explains why it is important that one particular state rules over a given territory. It also tells us what set of laws and what government we should comply with. Second, the pure functionalist justification of the right to rule entails sufficient conceptual resources to account for the wrongdoing involved in annexation. Although the theory deems past wrongs irrelevant for the justification of the right to exercise jurisdiction on a territory, it is adequately sensitive to historical injustice. (shrink)

This article focuses on John Locke's understanding of the student as a natural learner and on the ambiguous utopia of childhood that underpins this understanding. It draws a parallel between the educational utopia of natural learning and colonization, and then investigates ethico-political implications. Locke politicizes natural learning in ways that normalize exclusions at the level of intersubjective ethical relations and naturalize colonial expansion at the level of cosmopolitan right. Thought through to its implications, this claim leads to exploring connections between (...) Locke's educational philosophy and his multiple and ambiguous utopianisms. Thus examined, the political operations of Locke's pedagogy bring to the fore the subtle though no less important performativity of Locke-inspired, modern educational utopianism that remains so far under- or non-theorized in educational philosophy. (shrink)

Since the publication of The Sexual Politics of Meat in 1990, activist and writer Carol J. Adams (2000 [1990]) has put forth a feminist defence of veganism based on the argument that meat consumption and violence against animals are structurally related to violence against women, and especially to pornography and prostitution. Adams’ work has been influential in the growing fields of animal studies and posthumanism, where her research is frequently cited as the prime example of vegan feminism. However, her particular (...) radical feminist framework, including her anti-pornography and anti-prostitution arguments, are rarely acknowledged or critiqued. This article challenges the premises of Adams’ argument, demonstrating that her version of vegan feminism is based upon an unsubstantiated comparison between violence against women and violence against other-than-human animals, and on the silencing and exclusion of sex workers as subjects. The article contests the limited reading of Adams, and of feminism, offered in some key works in animal studies and posthumanism, at the same time that it recognises the need to challenge the anthropocentrism evident in much feminist theory. By way of alternative approaches to the sexual politics of veganism, the article highlights the interventions of artist and activist Mirha-Soleil Ross, proposing that her situated and embodied commitment to animal rights brings sex worker agency into the story, while resisting simple comparisons among different forms of violence. The concerns raised by Ross overlap in compelling ways with recent research in performance studies and labour history, bringing the question of work and workers, animal and human, to the fore. These studies point towards a potentially more useful framework than that of Adams for understanding the human violence suffered by different species, including those destined to be eaten by people. (shrink)

What it means for an action to have moral worth, and what is required for this to be the case, is the subject of continued controversy. Some argue that an agent performs a morally worthy action if and only if they do it because the action is morally right. Others argue that a morally worthy action is that which an agent performs because of features that make the action right. These theorists, though they oppose one another, share something important in (...) common. They focus almost exclusively on the moral worth of right actions. But there is a negatively valenced counterpart that attaches to wrong actions, which we will call moral counterworth. In this paper, we explore the moral counterworth of wrong actions in order to shed new light on the nature of moral worth. Contrary to theorists in both camps, we argue that more than one kind of motivation can affect the moral worth of actions. (shrink)

The best arguments for a nation-state’s right to exclude unwanted outsiders actually condemn nation-level regimes of restriction. Two argumentative steps lead to this conclusion. The first points out that the best arguments for exclusion generalize: if they show that nation-states have the right to exclude, they perform the same service for a great many towns, cities, subnational states, and provinces. The second step constructs a dilemma. The right to exclude is important enough to justify the suffering of would-be immigrants, or (...) it is not. If it is, the right to exclude is very important indeed–would-be immigrants often suffer grievously. But nation-level regimes would then be a serious moral problem: they would deprive a great many municipalities of a right that matters a great deal. Turning to the dilemma’s second horn, if the right to exclude is not important enough to justify the suffering of would-be immigrants, nation-level regimes are straightforwardly immoral. Either way, we arrive at this paper’s central thesis: the best arguments for a nation-states right to exclude actually condemn nation-level regimes of exclusion. (shrink)

Can associative learning take place without awareness? We explore this issue in a sequence learning paradigm with amnesic and control participants, who were simply asked to react to one of four possible stimuli on each trial. Unknown to them, successive stimuli occurred in a sequence. We manipulated the extent to which stimuli followed the sequence in a deterministic manner (noiseless condition) or only probabilistically so (noisy condition). Through this paradigm, we aimed at addressing two central issues: first, we asked whether (...) sequence learning takes place in either condition with amnesic patients. Second, we asked whether this learning takes place without awareness. To answer this second question, participants were asked to perform a subsequent sequence generation task under inclusion and exclusion conditions, as well as a recognition task. Reaction times results show that amnesic patients learned the sequence only in the deterministic condition. However, they failed to be able to reproduce the sequence in the generation task. In contrast, we found learning for both sequence structures in control participants, but only control participants exposed to a deterministic sequence were successful in performing the generation task, thus suggesting that the acquired knowledge can be used consciously in this condition. Neither amnesic nor control participants showed correct old/new judgments in the recognition task. The results strengthen the claim that implicit learning is at least partly spared in amnesia, and the role of contextual information available for learning is discussed. © 2006 Elsevier Ltd. All rights reserved. (shrink)

Imagine both that (1) S1 is deliberating at t about whether or not to x at t' and that (2) although S1’s x-ing at t' would not itself have good consequences, good consequences would ensue if both S1 x's at t' and S2 y's at t", where S1 may or may not be identical to S2 and where t < t' ≤ t". In this paper, I consider how consequentialists should treat S2 and the possibility that S2 will y at (...) t". At one end of the spectrum, consequentialists would hold that, in deciding whether or not to x at t', S1 should always treat S2 as a force of nature over which she has no control and, thus, treat the possibility that S2 will y at t" as she would the possibility that a hurricane will take a certain path. On this view, S1 is to predict whether or not S2 will y and act accordingly. At the other end of the spectrum, consequentialists would hold that S1 should always treat S2 as someone available for mutual cooperation and, thus, treat the possibility that S2 will y at t" as something to be relied upon. On this view, S1 is to rely on S2’s cooperation and so play her part in the best cooperative scheme involving the two of them. A third and intermediate position would be to hold that whether S1 should treat S2 as a force of nature or as someone available for mutual cooperation depends on whether S1 can see to it that S2 will y at t" by, say, having the right set attitudes. I’ll argue for this third position. As we’ll see, an important implication of this view is that consequentialists should be concerned not just with an agent’s voluntary actions but also with their involuntary acquisitions of various mental attitudes, such as beliefs, desires, and intentions. Indeed, I will argue that consequentialists should hold both that (1) an agent’s most fundamental duty is to have all those attitudes that she has decisive reason to have and only those attitudes that she has sufficient reason to have and that (2) she has a derivative duty to perform an act x if and only if her fulfilling this fundamental duty ensures that she x’s. Thus, I argue (as Donald Regan did before me) that consequentialism should not be exclusively act-orientated – that it should require agents not only to perform certain voluntary actions but also to have certain attitudes. In the process, I develop a new version of consequentialism, which I call attitude-consequentialism. (The latest version of this paper can always be found at: https://dl.dropboxusercontent.com/u/14740340/Consequentialism%20and%20Coordination%20Problems.pdf) -/- . (shrink)

Some of Dave Chappelle’s uses of storytelling about seemingly mundane events, like his experiences with his “white friend Chip” and the police, are examples of what W.E.B. Du Bois calls “Positive Propaganda.” This is in contrast to “Demagoguery,” the sort of propaganda described by Jason Stanley that obstructs empathic recognition of others, and undermines reasonable debate among citizens regarding policies that matter: the justice system, welfare, inequality, and race, for example. Some of Chappelle’s humor, especially in his most recent Netflix (...) specials, but also in his earlier standup performances and his series The Chappelle Show, is akin to art that appeals to emotion in the ways suggested by Du Bois in “Criteria of Negro Art” (1926). Beauty is essential to art, but, “I do not care a damn for any art that is not used for propaganda. But I do care when propaganda is confined to one side while the other is stripped and silent” (p. 22). The “one side” is that which appears to extoll American ideals, but in reality undermines them, perpetuating the subordinate status of “the other”--black citizens. Replace “beauty” with “humor” or “funny”, and we see striking parallels between Chappelle’s socio-political performances and Du Bois’ call for positive propaganda, each of which constitute “civic rhetoric” broadly construed. We no longer live in Du Bois’ America of explicit denial of rights. In many ways our situation is worse, as the mechanisms of exclusion are implicit, difficult to dislodge, because they are invisible. Chappelles’ humor draws attention to subtle undermining-propaganda in our liberal democracy, transforming it through his counter-propaganda into the spectacle that it should be; ubiquitous democracy-denying propaganda should be as obvious to whites as it is to minorities. In his words, we should all see that “that shit is fucking incredible” (Killin’ Them Softly). (shrink)

Is it possible to justify territorial rights? Provided a justification for territorial rights can be found, does it ground claims toparticularterritories? And provided a claim to particular territories can be justified, what kind of claim is it? Is it a claim to jurisdiction? A claim to control resources? A claim to control the movement of people across borders? In this paper I review some prominent accounts seeking to answer these questions. After outlining their main features, I focus on (...) some difficulties they encounter, in particular with regard to the justification of exclusion. (shrink)

The essay deals with the issue of how a non-summativist account of collective epistemic traits can be properly justified. We trace the roots of this issue in virtue epistemology and collective epistemology and then critically examine certain views advanced to justify non-summativism. We focus on those considered by Fricker, including Gilbert’s concept of plural subjects, which she endorses. We find her analysis of these views problematic for either going beyond the parameters of the summativism-nonsummativism debate or contradicting common intuitions about (...) epistemic trait ascriptions. As an alternative, we advance the idea that collective epistemic traits are system properties; or that epistemic traits act as system properties when attributed to collectives taken in their own right. Working as a system, the individual members of a collective perform their designated roles or tasks in coordination and cooperation with each other to achieve theirjoint intentions. Being attributes exclusive to systems, collective epistemic traits cannot, therefore, be attributed in the same respect to the individuals comprising these systems, thereby blocking any summative account of these traits. This model also easily sidesteps the problems besetting Fricker’s preferred one. (shrink)

In this case study I argue that experts, to gain relevance in a jury trial, need to fit into a manifold division of knowing. They do so by borrowing and sharing diverse knowledges. These exchanges place the modest expert testimony right into an authoritative and powerful decision-making apparatus. This argument derives from an ethnographic study of a ‘‘sleepwalking defense.’’ The division of knowing embraces the certified facts, the instructed case, the competing expertise, and the common sense. As a conclusion, I (...) identify the experts’ twofold relevance. Experts perform the case as undecided and decidable. They provide exclusive knowledge and affirm a set of other knowledges. By ‘‘knowing’’ and ‘‘not knowing,’’ the experts perform individual modesty and systemic immodesty by the same token. (shrink)

Despite the recent advances in information and communication technology that have increased our ability to store and circulate information, the task of ensuring that the right sorts of information gets to the right sorts of people remains. We argue that the many efforts underway to develop efficient means for sharing information across healthcare systems and organizations would benefit from a careful analysis of human action in healthcare organizations. This in turn requires that the management of information and knowledge within healthcare (...) organizations be combined with models of resources and processes of patient care that are based on a general ontology of social interaction. The Health Level 7 (HL7) is one of several ANSI-accredited Standards Developing Organizations operating in the healthcare arena. HL7 has advanced a widely used messaging standard that enables healthcare applications to exchange clinical and administrative data in digital form. HL7 focuses on the interface requirements of the entire healthcare system and not exclusively on the requirements of one area of healthcare such as pharmacy, medical devices, imaging or insurance transactions. This has inspired the development of a powerful abstract model of patient care called the Reference Information Model (RIM). The present paper begins with an overview of the core classes of the HL7 (Version 3) RIM and a brief discussion of its “actcentered” view of healthcare. Central to this account is what is called the life cycle of events. A clinical action may progress from defined, through planned and ordered, to executed. These modalities of an action are represented as the mood of the act. We then outline the basis of an ontology of organizations, starting from the theory of speech Acts, and apply this ontology to the HL7 RIM. Special attention is given to the sorts of preconditions that must be satisfied for the successful performance of a speech act and to the sorts of entities to which speech acts give rise (e.g. obligations, claims, commitments, etc.). Finally we draw conclusions for the efficient communication and management of medical information and knowledge within and between healthcare organizations, paying special attention to the role that medical documents play in such organizations. (shrink)

The discussion concerning the patenting of academic knowledge is already closed for many people. It has become a type of credo, solemnly intoned at all levels: universities must commercially valorize the knowledge that they generate as extensively as possible.The public means that are reserved for universities can never increase at the same rate as the mounting costs for highly specialized research. So universities, if they want to work at the top level, must increasingly appeal to private resources. Universities are increasingly (...) forced to aim at contract research, sponsorships, commercialised service, the patenting of technical findings, and spin-offs: Cash for knowledge!The pressure for the unfettered commercialisation of academic knowledge does not only come from within the universities. The message also comes from the politicians and those who are committed to economic prosperity. They argue that the commercialisation of intellectual property contributes to new employment because it makes new industrial developments possible and reinforces the competitiveness of ventures. They make it seem that universities form the motor of the knowledge economy.In a country without considerable natural resources and with extremely high personnel costs, innovation is of vital importance. Few convictions are equally as expressly avowed at so many differing forums. The direction of the march seems clear.It was once different. The knowledge that was acquired, deepened, preserved, and transmitted within the universities was not for sale. In fact, its sale could present difficulties because academic knowledge has never answered to the properties of a marketable thing. Use does not deplete knowledge and if you consider it your mission to bring to light knowledge, you do not want to exclude anyone from making use of it.Academic knowledge could thus not be an object of trade, at least so long as nobody was intent on keeping that knowledge secret, and so long as nobody appealed to regulations, whereby one could restrict the legal use of that knowledge. Today neither of these strategies are taboo within academic centres. The patenting of all forms of qualifying knowledge is even encouraged.A patent assumes, on the one hand, that one makes public the knowledge upon which a technique rests, while one, on the other hand, can grant use of that technique exclusively to who one gives a licence, whether or not for a fee. This system is put forth as attractive for all parties. The researchers can keep up with technical details, and the entrepreneur can commercialise the finding. Everyone is happy.Or perhaps not? Are there reasons to be concerned that universities must increasingly submit themselves to the laws of the market? Are there arguments for evaluating academic performance differently than the performance of entrepreneurs? Must one regret that knowledge is commercialised as much as possible?The proponents of the commercial orientation point out that all kinds of new incentives will give a new impetus to the old academic system and will increase the relevance of academic research. They seem to dismiss resistance to the renewal as a nostalgic outpouring of a privileged group that used to have it too good, a group that for too long knew to retreat too safely back into a series of unworldly problems.The opponents of the economically oriented approach fear that the proper character of the academic mission will be lost. They fear that the loss of academic autonomy will make the specific function that a university fulfils within society impossible. In what sense?In our society, there is not one type of sphere, and there is not one valid set of standards, the basis upon which performances are evaluated, functions are judged, or objectives commended. There are strongly divergent spheres and each have their own specific function. The laws that apply in one sphere do not necessarily have authority in another sphere, and the standards that apply in one sort of relationship often have little or no meaning in another relationship.Each sphere recognises its own standards and answers to its own system of exchange for compensation, approval, and recognition. What applies in the sphere of law does not necessarily apply in the sphere of someone’s personal friendships, or is not applicable among family members. What applies in trade does not necessarily apply in the sphere of art.Even more, things go wrong when the autonomy of these spheres is not respected. Within the domain of art, love and friendship, monetary laws are not valid, at least in a healthy situation. That is not to say that the rules that apply within the free market would be wrong or unethical – far from it. It seems self evident that these laws are valid under the condition that they apply in the environment to which they belong, and that one respects these limits.This applies for all spheres. It would be unjust if one would apply the standards of friendship to the spheres of jurisprudence or education. Manifestly, it seems self evident not to define justice as a univocal principle that must be extended with the same consistency in every type of sphere. Rather, it is just to respect the individual character of the normative relationship that applies in the diverse spheres of life, and to prevent one sphere from colonising another.Justice assumes that one prevents the political sphere from stipulating what must be said, or concealed, within the academic sphere. Academics must answer alone to that which is expected of them within the academic sphere. Political pressure may exert no influence on this. Why cannot one say the same about economic pressure?Do we run the risk that the economic sphere will colonise the academic sphere just as the economic sphere previously colonised the sphere of media? What must one imagine in this supposed risk? In what sense should economic laws threaten the academic sphere?In the academic sphere, it is traditional to follow one’s own interests and investigate anything whatsoever without having to ask if this knowledge is useful for something or how the fruits of this research fit within the economic context. The academic search for a better understanding of everything has an unconditional character.The manner in which researchers evaluate the performance of each other seldom has to do with the economic effects that their findings have, but with their reliability, the meticulousness with which they were checked, the scrupulousness with which the sources were collected, and the honesty with which they were communicated. The function of the academic is to collect and refine knowledge, and to bring to light the truth.By doing so, universities offer a type of foot-hold within society. They make it possible that a place exists where one can be obedient to what lets itself appear most truthfully today. Nobody has to fear, at least as long as the autonomy of the academic sphere is respected, that the communication of a particular subject was rhetorically coloured in function of a commercial interest, was applied according to the wishes of the sponsor, was brought into conformity with what was agreed upon by the financiers, or answered to the demands of a patent.It is possible that the influence of the commercial sphere shall be less dramatic than pessimistic academics imagine, but nothing indicates the opposite. Today we are giving a new strategy power, and nobody knows how the magician’s apprentice will bring it off.This forms the context of the questions that we shall try to answer together this number of Ethical Perspectives, and we will restrict our discussion to patents. We are aware that the discussion about patents illuminates just one part of the problems, which have to do with the relation of the worlds of academia and commerce. But there is a reason for confining oneself to an aspect of this problematic relationship. If one were to broaden the scope of inquiry further, one would risk missing the complexity of the subject matter already covered, and be consigned to a far too general and aimless debate.We have brought together a number of specialists, jurists, ethicists, and people with practical experience with the field. They shall introduce us into the problematic, confront us with their points of view, and help to answer our questions: Are there moral limits to the patenting of academic knowledge? Is patenting always the most efficient strategy? Does not perhaps the university sell its soul if it gradually leaves itself subject to the laws of the market?We will begin by asking how in particular a university should proceed with the patenting of knowledge. Modern universities were inspired by the ideals of the Enlightenment, which was characterised by the open distribution of unselfishly pursued knowledge.The privatisation and commercialisation of knowledge would seem to conflict with this traditional vision. Jürgen Mittelstrass and Bart Pattyn provide a theoretical and historical basis for protecting the autonomy of university research from the corrupting aspects of the market economy.But, are there reasons for giving up the traditional outlook? Few or no universities have not chosen to patent discoveries, but how is one to proceed within the framework of the university, once one has obtained patent protection? Can one pursue a policy of using these protected intellectual rights to secure the fruits of knowledge for financially weaker groups, or do circumstances compel the universities to be exclusively driven by market forces?Those are the kinds of questions that Gilles Capart and Geertrui Van Overwalle of the KU Leuven will deal with.Sigrid Sterckx of the university of Ghent will answer the question: can patents be morally justified?Paul Belleflamme of the Université Catholique de Louvan La Neuve writes concerning the economic evidence of patents, and the real effect of incentives. Are there any economic facts that can demonstrate the effectiveness of patenting?Then we give the floor to Christopher May of the University of Lancaster, who looks at the question of how universities have to deal with the global information society. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

There are at least three objections that are commonly made against personalist ethics. Two of those objections which I will not deal with here are that personalism has a tendency to become individualism, a view that stems from a too narrow concept of the person, and that personalism pays insufficient attention to individual, `objective' acts viewed apart from the persons who perform them. While each of these objections deserves separate treatment, I believe that they are easily resolvable on the basis (...) of an adequate and integrated exposition of personalist ethics itself.A third objection against personalist ethics, increasingly heard from specialists in the field of environmental ethics is that personalism is, or at least has a tendency to become, `anthropocentric' and is therefore ill suited to deal with environmental issues. This is based upon the suggestion that personalists automatically presume that the environment exists solely for the purpose and convenience of serving humankind and individuals. Thus, all other creatures are subordinated to human needs and desires. By corollary, something like `rights' will belong exclusively to human beings, and any notion of animal rights or the rights of the environment or a pre-existing eco-system will be categorically denied.The logical starting point for responding to a criticism of any form of ethics would be to determine what that particular form of ethics stands for. Such a determination will sometimes refer to the content of an ethic, while at other times the primary concern will be turned toward method. Thus, the description of a `natural law ethics' would highlight content, in the form of some concept of nature, be this the so-called natural world or human nature, and would emphasize the need to respect the givens of such a system to act ethically. The determination of what constitutes a `consequentialist ethics' would concentrate on method, asking how one isolates and evaluates the consequences of human activity. It is therefore immediately evident that the determination of one `ethics' as opposed to another does not necessarily address the same types of questions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Pictorial World of the ChildEllen Handler SpitzThe Pictorial World of the Child, by Maureen Cox. Cambridge: Cambridge University Press, 2005, 357 pp., paper.Scholarly, informative, and impartial are adjectives that spring to mind with respect to Maureen Cox's book, The Pictorial World of the Child, a text principally but not exclusively devoted to the subject of children's drawings and to ways in which children seem to understand pictorial (...) representations as well as create them. Because of its clarity and comprehensiveness, this book seems well-suited for classroom use. Effectively organized into a cogent selection of significant subtopics, it summarizes and presents a vast array of contributions by colleagues whose work Cox surely respects and treats in an admirably evenhanded way. Since, as she states at the beginning of her book, a serious scholarly interest in children's pictures has been with us for over a century, her task is prodigious, and she accomplishes it with grace and precision. It is perhaps to her credit that Cox does not argue passionately on one side or another of a host of thorny issues in her field about which many scholars, teachers, and theorists seem to exhibit strong one-sided views. How should art be taught to young children, for example? Should they be given total freedom or required to perform an ordered set of tasks? In every case, Cox offers her readers a panoply of perspectives and invites them to entertain the spectrum of opinion and then decide for themselves or not.The book is written, therefore, as far as I can tell, to promulgate no particular thesis of any kind. It simply is what it purports to be, namely, an overview of the field by someone who has a deep knowledge of it. It informs and educates through its systematic citation of experimental situations, test results, evaluations, neurological research, art historical material, and the like, and, while acknowledging disagreements right and left, it does not enter into philosophical debate. If one were inclined to fault the book at all, one might criticize it for this—that is, for lacking sufficient skepticism and deep questioning. But surely that would be niggardly, for nowhere does Cox state philosophizing to be her purpose in these pages. I would argue, in fact, to the contrary—that Cox underestimates herself when she states as her principal aim merely the furthering of interest in and appreciation of children's drawings (7). To my mind, she goes far beyond that modest goal to enlighten and educate her readers.Let me give some examples of Cox's treatment of controversial topics. It is arguable, for example, as to whether or not young children understand representational duality and can tell the difference between a pictured representation and the object pictured. A broad spectrum of research, claims, and beliefs are citable on both sides here, with the most up-to-date [End Page 110] scholars being persuaded that young children are far more sophisticated than we had previously thought. But conjure up, if you will, on the other side that well-known photograph in which a baby holds a picture of a clock to his ear and tries to hear it ticking. (This image, subtitled "How they read it," was printed on the jacket of Mary Calderone and Edward Steichen's The First Picture Book of 1930, which was reissued by the Frances Mulhall Achilles Library at the Whitney Museum of American Art, New York, in 1991.) After citing numerous sources and experiments, Cox equivocates as follows: "It seems that young children may know the difference between a picture and the real object it represents, but their behaviour is often confusing" (25); to me, this seems exactly right. We simply cannot accept a blanket statement meant to cover all cases, and, as with many or even most of the topics under consideration in this book, there are no definitive answers. Thus, the fact that Cox chooses to present intriguing research but leave the conclusions open seems preferable to joining sides in a spurious debate and one, perforce, with huge cultural and historical contingencies, contingencies to which indeed she pays heed from time to time... (shrink)

This Article explores the idea that the moral standards of relational or interpersonal justice can be used to lay the foundations for a theory of justice in work, rather than relying on principles of justice developed for society as a whole in philosophical theories of distributive justice. It is argued that a rich and distinctive scheme of interpersonal justice can be developed by using a method of internal critique and by focusing on two distinctive features of contracts of employment. Because (...) they are incomplete by design, like other relational contracts, contracts of employment depend for their success on a broad obligation of performance in good faith. Contracts of employment also usually function within organizations which provide the source of customary norms of associational justice that govern relations between members of the firm. These principles of associational justice include rewards based on desert, a strong egalitarian principle, protection from unjustified exclusion, and a right to have a voice in the affairs and the direction of the organization. (shrink)

On September 9, 2009, the Ninth Circuit U.S. Court of Appeals ruled that officials from Everett School District #2 in Mill Creek, Washington did not violate student Kathryn Nurre’s constitutional rights to free speech by denying the Jackson High School Wind Ensemble the opportunity to perform an instrumental version of Franz Biebl’s Ave Maria at the district’s graduation ceremony. This philosophical study addresses implications of this legal case regarding religious music and free speech in public school music programs within (...) the United States. Two questions are investigated: the issue of defining religious music and its relationship to the Establishment Clause of the First Amendment of the U.S. Constitution, and the issue of whether students have a right to musical expression protected by the First Amendment’s Free Speech Clause. Conclusions suggest that some music in the Western classical tradition cannot be easily categorized as exclusively sacred or secular, and that performances of such music can be supported on both philosophical grounds and through the precedent of traditional performance practice and usage. Further, when students are allowed a choice of repertoire, schools should foster good citizenship by respecting the free expression of students as long as choices are not unduly influenced by the teacher and such performances occur within the context of a respectful and neutral environment that does not overtly demand a religious response from audience members. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Art of Theater—A PrécisJames R. Hamilton (bio)In The Art of Theater I propose and explain a claim that many theater people hold true in some form but, so far as I can tell, have defended in a manner that has had almost no success outside discussions among themselves.1 The claim proposed is that, in an unqualified way, theater is a form of art. By that I mean theatrical (...) performances are what are created in the practice of theater and that theatrical performances are works of art because they can be picked out and appreciated in the same ways we appreciate other kinds of artworks.2The agenda I set for the book is to state and explain what that claim comes to—exactly and in detail. Accordingly, most of the book consists of explanations of what else must be true if the claim is true, together with arguments defending the truth of those entailments. Some of the material consists of clarifying what the claim does not entail, and some passages contain arguments to show that alternative claims have problems that this one does not. Of these, I have allowed the explanation and clarification materials to carry the burden. Many philosophers and literary theorists are likely to find the claim incomprehensible because they have inherited, rather than critically accepted, a conception of theater as centrally dependent on literary texts.3 Philosophers, literary theorists, and theater theorists are better served by the explanations and clarifications I offer, however, because they show the claim can withstand the immediate objections or worries likely to arise.The direct argumentation I offer for the claim is historical. Indeed, I begin the book by tracing how theater has been conceived and practiced in the European theatrical tradition since the 1850s. I start there and then for several reasons. First, it is the beginning of a period of great achievement in theater, when literary artists began again to write for theater. Second, the same period also gave rise to a now dominant conception of theater: namely, [End Page 4] the idea that theatrical performances, or at least the most often performed, are events that are dependant primarily if not exclusively on literary texts. Finally, the 1850s were also the beginning of a period in which theater people were both doing and thinking about theater in ways that resisted that very same dominant conception. The conclusion I come to in tracing this history is that—without always intending to and sometimes by intending the opposite—theater’s theoretical practitioners have put us in a position to see the truth of the claim that theatrical performance itself is an independent form of art. Assured we can see that truth in the actual historical practices of theater, even in its most self-consciously text-oriented period, I then proceed to explain and clarify the claim.To begin with, the enormous success of the conjunction of literature and theater in late European theater practice means that any view of the art status of theatrical performances must explain the relation between a performance and a literary text, at least when a literary text is used in the performance. This is the first bit of explanation I undertake. A number of models of this relationship have been proposed, and I survey three of the primary ones. First, the “literary” model holds that performances illustrate or, at best, interpret the text and exist as a means to present the content—or the interpreted content—of the text in a performance mode. Second, the “two-text” model holds that the content of the literary text must be translated, adapted, transformed, reconstructed, or otherwise “reinscribed” in the language of theater. A third model, popular in analytic aesthetics, attempts to piggyback an account of theatrical works, texts, and theatrical performances on the well-developed ontology of musical works, scores, and musical performance.4 This third model might provide the right ontology of theatrical performances. Before we try to determine what kinds of things or events make our experience of theater what it is, however, first we should seek the best explanation of that experience. And that is the task I undertake in... (shrink)

This article explores the extent to which it is or may be possible to have a claim both in contract and in restitution. Restitution will almost never be appropriate before a valid contract has been discharged but after it has been discharged a restitutionary claim may be available as well as a contractual one. A restitutionary claim cannot, however, be used to set aside the contractual allocation of risks. It is argued that while in the past English courts may have (...) been too willing to conclude that restitution would be inconsistent with the allocation of risks, the view of those striving to show the independence of restitution that there will always be a restitutionary claim unless the contract, construed strictly against the party resisting restitution, has excluded it, goes too far in the opposite direction. The terms of the contract and its nature are of vital importance to the existence and extent of any restitutionary claim Apart from the question of express or implied exclusion by a contractual remedial regime which is a complete code, the contract determines both whether contractual rights are "conditional" and defensible or "unconditional", and whether the acts of the person against whom restitution is sought constitute part performance of the contract which will either bar a claim or for which the plaintiff will have to give credit. (shrink)

Mitnovetski and Nicol provide a stimulating and thorough discussion of patenting of medical methods of treatment— an area of law that interests patent lawyers, medical practitioners, and the public. However, a consideration of alternative perspectives to their account of the exclusion of medical methods of treatment from patentability undermines the rhetorical force of their conclusion that there are “strong ordre public and morality reasons and “generally convenient” reasons to justify the existence of such patents”. I set out below four counter (...) arguments to their claims that could lead to a more balanced consideration of whether medical methods should be patented.TWO EXAMPLESFirstly, the patentability of medical methods of treatment cannot be discussed in isolation from the larger current normative debate about the justice of patenting medical technologies. Although much of what the authors discuss is necessarily speculative because it involves patenting inventions that have not previously been patentable, two cases present concrete instances of the impact of granting patent rights on healthcare. The first is the example of Myriad Genetics Inc, Salt Lake City, UT, USA, which has patented the genetic diagnostic test for the BRCA1 and BRCA2 breast cancer mutations in the US and, to a lesser extent, in Europe. It is enforcing its patent rights to require national healthcare systems to pay its highly increased fee to conduct the test in Atlanta, when hospitals can perform the test locally much more cheaply and efficiently. Many, including the Curie Institute, which is spearheading opposition proceedings at the European Patent Office, argue that allowing such technologies to be patented undermines socialised healthcare regimes, inadvertently leading to privatisation and diminished access to healthcare. Many women have not been able to access the test due to its high cost.A second well known example concerns access in developing countries to life saving drugs …. (shrink)

Emotions are a natural vector for acting together with others and are witnessed in human behaviour, perception and body functions. For this reason, studies of human-to-human interaction, such as multi-person motor synchronisation, are a perfect setting to disentangle the linkage of emotion with socio-motor interaction. And yet, the majority of joint action studies aiming at understanding the impact of emotions on multi-person performance resort to enacted emotions, the ones that are emulated based on the previous experience of such emotions, and (...) almost exclusively focus on dyadic interaction. In addition, tasks chosen to study emotion in joint action are frequently characterised by a reduced number of physical dimensions to gain experimental control and subsequent facilitation in data analysis. Therefore, it is not clear how naturalistically induced emotions diffuse in more ecological interactions with other people and how emotions affect the process of interpersonal synchronisation. Here, we show that positive and negative emotions differently alter spontaneous human synchronous behaviour during a multi-person improvisation task. The study involved 39 participants organised in triads who self-reported liking improvisational activities. The task involved producing improvisational movements with the right hand. Participants were emotionally induced by manipulated social feedback involving a personal ranking score. Three-dimensional spatio-temporal data and cardiac activity were extracted and transformed into oscillatory signals to compute behavioural and physiological synchrony. Our results demonstrate that individuals induced with positive emotions, as opposed to negative emotions or a neutral state, maintained behavioural synchrony with other group members for a longer period of time. These findings contribute to the emerging shift of neuroscience of emotion and affective sciences towards the environment of social significance where emotions appear the most—in interaction with others. Our study showcases a method of quantification of synchrony in an improvisational and interactive task based on a well-established Kuramoto model. (shrink)

Using positron emission tomography (PET) and regional cerebral blood flow (rCBF) measurements, we investigated the cerebral correlates of consciousness in a sequence learning task through a novel application of the Process Dissociation Procedure, a behavioral paradigm that makes it possible to separately assess conscious and unconscious contributions to performance. Results show that the metabolic response in the anterior cingulate / mesial prefrontal cortex (ACC / MPFC) is exclusively and specifically correlated with the explicit component of performance during recollection of a (...) learned sequence. This suggests a significant role for the ACC / MPFC in the explicit processing of sequential material.  2003 Elsevier Science B.V. All rights reserved. (shrink)

Starting with a discussion of the crisis of French national identity that became fully apparent in the 1980s, this article examines the historical paradigm that conditioned the birth of French universalism and ultimately spelt its demise. Identifying as the determining experience the reification/deification of power performed by monarchical absolutism, it examines the evolution of what can be termed after Marcel Gauchet the French `political-intellectual system', with its exclusive emphasis on the ideological legitimacy of power, and highlights the crucial role (...) played by intellectuals in its formation, be it on an oppositional mode. Looking back to the 17th century, it thus identifies in Montaigne's essays and their complex dialectic of order and revolt the fundamental paradox within which French intellectual culture evolved right up to post-structuralism, which, whilst it attempted a most radical critique of the French intellectual mystique, ultimately remained prisoner to its underlying statism. Post-structuralism is thus to be seen as the first manifestation of a profound crisis of French intellectual culture, triggered in the 1970s by the crisis of French republicanism, in the wake of the worldwide decline of national sovereignty. What characterized French political and intellectual culture from its inception was indeed the reductive absorption of the notion of society into that of state, and the concomitant belief in a rational vanguard. However, whilst post-structuralism belongs to a tradition of resistance to the republican legacy of the French Enlightenment, it remains deeply conditioned by the pessimism of its distant Augustinian and Jansenist origins: unable to conceive of any effective social action outside of the state, it condemns itself to the marginality of counter-culture. Rather than a total deconstruction of French universalism, post-structuralism must thus be identified as its last, contradictory manifestation. (shrink)

It is hardly necessary to rent I Spit on Your Grave or Tool Box Murders for your VCR in order to find images of sexuality contaminated by depersonalization or violence. As far back as Rabelais’ Gargantua, for example, Panurge proposes to build a wall around Paris out of the pleasure-twats of women [which] are much cheaper than stones”: “the largest … in front” would be followed by “the medium-sized, and last of all, the least and smallest,” all interlaced with “many (...) horney joy-dinguses” so that fortification would be impregnable, except for the “ordure and excretions” of the flies it would doubtlessly attract.1 Two centuries later, one of Rabelais’ compatriots, the Marquis de Lade, described the rage of a sexually initiated daughter against a woman who refuses to consider her “pleasure-twat” “cheaper than stones.” The Sadeian heroine first sodomizes her puritanical mother with an artificial penis, then has her infected with syphilis, and finally performs infibulations to prevent the infected semen from leaking out: “Quickly, quickly, fetch me needle and threat! … Spread your thighs, Mama, so I can stitch you together.”2One century later in England, the author of My Secret Life explained that, when in a state of sexual excitement, “he is ready to fuck anything,” from his sister to his grandmother, from a ten-year-old, to a woman of sixty, for a standing prick has no conscience.” To this credo, he adds the admonition, “Woe be to the female whom he gets a chance at, if she does not want him, for he will have her if he can.”3 The sexually aroused man in the contemporary American film Looking for Mr. Goodbar curses the woman who does not want him as much as she wants a room of her own and the freedom to choose a succession of male lovers. After he resentfully determines to have her when he gets the chance , he rapes her and finally knifes her to death, exclaiming “That’s what you want, bitch, right? That’s what you want.”However these individual works are labeled, such passages remind us of the long history of pornography, a gender-specific genre produced primarily by and for men but focused obsessively on the female figure. In their depictions of female sexuality, narratives from Gargantua to La Philosophie dans le boudoir, My Secret Life, and Looking for Mr. Goodbar explain why definitions of the pornographic have recently moved away from “obscenity,” a term that generally refers to the sexually stimulating effects of a picture, a novel, or a film on the male reader/observer, and toward “dehumanization,” a word that is used to evoke the objectification of women. As Irene Diamond has demonstrated, during the past decade the generally held assumption that pornography is about male sexuality has been qualified by those who argue that “the ‘what’ of pornography is not sex but power and violence, and the ‘who’ of concern are no longer male consumers and artists but women.”4 1. François Rabelais, Gargantua and Pantagruel, trans. Jacques Le Clercq , bk. 2, chap. 15. I have used this translation because it is employed in Helene Iswolsky’s translation of Mikhail Bakhtin’s Rabelais and His World . With no analysis of gender, Bakhtin’s exclusive focus on the grotesque wipes out the significance of Rabelais’ sexual imagery.2. Marquis de Sade, quoted in a brilliant reading of this text by Angela Carter, The Sadeian Woman and the Ideology of Pornography , p. 127; all further references to this work , abbreviated SW, will be included in the text.3. My Secret Life , p. 361.4. Irene Diamond, “Pornography and Repression: A Reconsideration,” in Women: Sex and Sexuality, ed. Catharine Stimpson and Ethel Spector Person , p. 132. Susan Gubar is professor of English and women’s studies at Indiana University, Bloomington. Together with Sandra M. Gilbert, she has coauthored The Madwoman in the Attic: The Woman Writer and the Nineteenth-Century Literary Imagination and co-edited both Shakespeare’s Sisters: Feminist Essays on Women Poets and the Norton Anthology of Literature by Women: The Tradition in English. This fall they will publish the first volume of a three-volume work, No Man’s Land: The Place of the Woman Writer in the Twentieth Century. Her previous contribution to Critical Inquiry is “ ‘The Blank Page’ and the Issues of Female Creativity”. (shrink)