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

Michael A. PetersBeijing Normal UniversityMy deepest condolences to Pepe, Dom and Marcus and to Jim’s grandchildren. Tina and I spent a lot of time at the Marshall family home, often attending dinn...

This paper consists of commentaries about and the reprint of an autobiographical essay authored by Italian medium Eusapia Palladino and published in 1910. The details of the essay are discussed in terms of the writings of other individuals about the life and performances of the medium. The essay conveys a view of Palladino as a person who has suffered much in life and has a mission to help scientific research into mediumship. Typical of the positive emphasis in autobiographies in general, (...) the medium did not discuss negative aspects of her performances. Due to the fact that the essay appeared during Palladino's visit to New York City in which many authors branded her as a fraud, it may be speculated that the purpose of this autobiography was to elicit sympathy from the American public. While some of the statements that Palladino made about phenomena are consistent with the statements of other authors who have written about her, there are several statements that show alternate or incomplete versions of particular events in her life. The differences suggests that Palladino's essay and other discussions about the medium's life are not reliable when it comes to specific details and to biographical accuracy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Introduction:The Heat of Mild Cognitive ImpairmentJulian C. Hughes (bio)Keywordsaging, explanation, mild cognitive impairment, understanding, valuesDebates about mild cognitive impairment (MCI) are generating heat, albeit civilized heat. But under the surface, as I think the papers in this special issue demonstrate, the civilized heat comes from a good deal of passion. One way in which philosophy can contribute to the debate is by making plain the sources of this (...) passion, so that the motivating forces are clearer.One motivating force is this: There will be people who do not have dementia but who have symptoms or signs that might predict dementia, which cause them concern, whom we might help by early intervention. The intervention might involve advice and support, or it might involve some form of drug treatment; and in the utopia of our dreams, it might involve prevention. All of this is very motivating for clinical scientists. It also offers a laudable motivation to pharmaceutical companies, who simultaneously must have regard to the possibility of profits for their shareholders.Here, however, is an alternative motivation: The effects of aging must not be ignored if help can be given, but older people must not be stigmatized by a medical process that thrusts disabling labels on them. People age, but they age differently, and it is better to recognize difference, both from a biological and from a philosophical perspective. Thus, a passionate commitment to the cause of individual agency in old age and a desire for authentic autonomy for older people provide strong motivation too.At root, then, the conflicting passions over MCI reflect the age-old struggle in the philosophy of psychiatry between the natural sciences (Naturwissenschaften) and the human or cultural sciences (Geisteswissenschaften): the tension is between a tendency to approach the problem with the aim of eliciting a scientific explanation and a tendency to try to achieve a human and cultural understanding of the phenomena (Phillips 2004). So, although MCI can be regarded as an explanatory diagnostic entity with some predictive value, it can also be regarded as a label that might cause harm or as a human phenomenon that requires understanding. Furthermore, MCI raises ontological questions about the nature of disease entities. And there is a wider issue as well about how aging itself should be regarded.From a biological perspective, it turns out there is no clear cutoff between what is normal and what [End Page 1] is not. Hence, in a number of ways, values seem to be as important as facts (Sadler 2005). Perhaps philosophy should content itself with saying no more than this: MCI ought not to be considered or debated as if it lies outside the realm of evaluative judgment. The very possibility of its existence as a clinical entity is a matter worthy of moral and social discourse.The direction of thought indicated here and in the papers that follow, however, is more radical than the easily won point that the "diagnosis" of MCI is not value free. On the back of the biological point, that there is a continuum between physiological and pathological aging, is the broader philosophical point that aging can neither be understood solely in terms of physiology nor in terms of pathology, nor even in terms of both. Ageing represents, inter alia, a social and cultural phenomenon manifest in the context of particular psychological and spiritual responses to a mixture of physiological adaptations and pathological predispositions. Without the broader picture, we tend to characterize old age, as Michael Bavidge has suggested elsewhere, in terms of deteriorations: "We should think of old age as offering alternative rather than impaired ways of experiencing life" (2006, 49). The difficulty is that any diagnosis seems to suggest impairment in one form or another. The radical suggestion, therefore, might be to commend descriptions that encourage shared understanding over and above the giving of names and labels.In a brief critique of the scientific approach to "banal memory disorders and MCI", Jean-Marie Léger, like Bavidge, regrets the extent to which people with cognitive impairment "are described in terms of what they have lost, with no regard for the wealth of faculties which are still present." Léger... (shrink)

Introduction Contrary to a widespread assumption the modern history of modal logic did not start with C. I. Lewis’ Survey of Symbolic Logic [Lewis 1918]. His eminent work was preceded by some 20 years by H. MacColl’s fifth article on ‘The Calculus of Equivalent Statements’. This article was read at the London Mathematical Society on 12 November 1896. Some months later it was published in the Society’s Proceedings [MacColl 1896-1897]. During the following years MacColl presented his logic prim...

Introduction Contrary to a widespread assumption the modern history of modal logic did not start with C. I. Lewis’ Survey of Symbolic Logic [Lewis 1918]. His eminent work was preceded by some 20 years by H. MacColl’s fifth article on ‘The Calculus of Equivalent Statements’. This article was read at the London Mathematical Society on 12 November 1896. Some months later it was published in the Society’s Proceedings [MacColl 1896-1897]. During the following years MacColl presented his logic prim...

Abstract: In this article, I offer a proposal to clarify what I believe is the proper relation between value maximization and stakeholder theory, which I call enlightened value maximization. Enlightened value maximization utilizes much of the structure of stakeholder theory but accepts maximization of the long-run value of the firm as the criterion for making the requisite tradeoffs among its stakeholders, and specifies long-term value maximization or value seeking as the firm’s objective. This proposal therefore solves the problems that arise (...) from the multiple objectives that accompany traditional stakeholder theory. I also discuss the Balanced Scorecard, which is the managerial equivalent of stakeholder theory, explaining how this theory is flawed because it presents managers with a scorecard that gives no score—that is, no single-valued measure of how they have performed. Thus managers evaluated with such a system (which can easily have two dozen measures and provides no information on the tradeoffs between them) have no way to make principled or purposeful decisions. The solution is to define a true (single dimensional) score for measuring performance for the organization or division (and it must be consistent with the organization’s strategy), and as long as their score is defined properly, (and for lower levels in the organization it will generally not be value) this will enhance their contribution to the firm. (shrink)

The arguments for redistribution of wealth, and for prohibiting certain transactions such as price-gouging, both are based in mistaken conceptions of exchange. This paper proposes a neologism, “euvoluntary” exchange, meaning both that the exchange is truly voluntary and that it benefits both parties to the transaction. The argument has two parts: First, all euvoluntary exchanges should be permitted, and there is no justification for redistribution of wealth if disparities result only from euvoluntary exchanges. Second, even exchanges that are not euvoluntary (...) should generally be permitted, because access to market exchange may be the only means by which people in desperate circumstances can improve their position. (shrink)

The European Legacy, Volume 17, Issue 4, Page 568-569, July 2012.

This paper defends Mereological Universalism(the thesis that, for any set S of disjoint objects, there is an object that the members of S compose. Universalism is unpalatable to many philosophers because it entails that if there are such things as my left tennis shoe, W. V. Quine, and the Taj Mahal, then there is another object that those three things compose. This paper presents and criticizes Peter van Inwagen's argument against Universalism and then presents a new argument in favor of (...) Universalism. It turns out that the most reasonable way to resist the argument for Universalism is to deny the existence of artifacts; thus, if we believe in artifacts, we have no real choice other than to embrace Universalism. (shrink)

Griffiths and Tenenbaum (2006) asked individuals to make predictions about the duration or extent of everyday events (e.g., cake baking times), and reported that predictions were optimal, employing Bayesian inference based on veridical prior distributions. Although the predictions conformed strikingly to statistics of the world, they reflect averages over many individuals. On the conjecture that the accuracy of the group response is chiefly a consequence of aggregating across individuals, we constructed simple, heuristic approximations to the Bayesian model premised on the (...) hypothesis that individuals have access merely to a sample of k instances drawn from the relevant distribution. The accuracy of the group response reported by Griffiths and Tenenbaum could be accounted for by supposing that individuals each utilize only two instances. Moreover, the variability of the group data is more consistent with this small‐sample hypothesis than with the hypothesis that people utilize veridical or nearly veridical representations of the underlying prior distributions. Our analyses lead to a qualitatively different view of how individuals reason from past experience than the view espoused by Griffiths and Tenenbaum. (shrink)

This paper defends Mereological Universalism (the thesis that, for any set S of disjoint objects, there is an object that the members of S compose. Universalism is unpalatable to many philosophers because it entails that if there are such things as my left tennis shoe, W. V. Quine, and the Taj Mahal, then there is another object that those three things compose. This paper presents and criticizes Peter van Inwagen’s argument against Universalism and then presents a new argument in favor (...) of Universalism. It turns out that the most reasonable way to resist the argument for Universalism is to deny the existence of artifacts; thus, if we believe in artifacts, we have no real choice other than to embrace Universalism. (shrink)

There are five individually plausible and jointly incompatible assumptions underlying four familiar puzzles about material constitution. The problem of material constitution just is the fact that these five assumptions are both plausible and incompatible. I will begin by providing a very general statement of the problem. I will present the five assumptions and provide a short argument showing how they conflict with one another. Then, in subsequent sections, I will go on to show how these assumptions underlie each of the (...) four puzzles. I will conclude by providing an exhaustive taxonomy of possible solutions to the problem. (shrink)

The strong predominance of right-handedness appears to be a uniquely human characteristic, whereas the left-cerebral dominance for vocalization occurs in many species, including frogs, birds, and mammals. Right-handedness may have arisen because of an association between manual gestures and vocalization in the evolution of language. I argue that language evolved from manual gestures, gradually incorporating vocal elements. The transition may be traced through changes in the function of Broca's area. Its homologue in monkeys has nothing to do with vocal control, (...) but contains the so-called “mirror neurons,” the code for both the production of manual reaching movements and the perception of the same movements performed by others. This system is bilateral in monkeys, but predominantly left-hemispheric in humans, and in humans is involved with vocalization as well as manual actions. There is evidence that Broca's area is enlarged on the left side in Homo habilis, suggesting that a link between gesture and vocalization may go back at least two million years, although other evidence suggests that speech may not have become fully autonomous until Homo sapiens appeared some 170,000 years ago, or perhaps even later. The removal of manual gesture as a necessary component of language may explain the rapid advance of technology, allowing late migrations of Homo sapiens from Africa to replace all other hominids in other parts of the world, including the Neanderthals in Europe and Homo erectus in Asia. Nevertheless, the long association of vocalization with manual gesture left us a legacy of right-handedness. Key Words: cerebral dominance; gestures; handedness; hominids; language evolution; primates; speech; vocalization. (shrink)

In debate about the nature of persistence over time, the view that material objects endure has played the role of "champion" and the view that they perdure has played the role of the "challenger." It has fallen to the perdurantists rather than the endurantists to motivate their view, to provide reasons for accepting it that override whatever initial presumption there is against it. Perdurantists have sought to discharge their burden in several ways. For example, perdurantism has been recommend on the (...) grounds that: (i) it solves several of the puzzles that raise the problem of material constitution; (ii) it is (at least) suggested by the special theory of relativity (hereafter "SR"); (iii) it is the only view that makes sense out of the possibility of intrinsic change; (iv) it is the only view consistent with the doctrine of Humean supervenience; and (v) it makes better sense than its competitor out of the possibility of fission. There are primary and most powerful claims that have been made on behalf of perdurantism. They are individually persuasive and together they constitute a formidable assault upon the hegemony of endurantism. Endurantists of course, have not been without reply. However, since endurantists typically respond to these claims one at a time and in different ways, it is easy to get the impression that perdurantism offers a single, neat solution to a host of problems whereas endurantism requires a patchwork of different strategies. But this impression is an illusion. In Rea 1995, I argued that though perdurantism does solve some of the puzzles that raise the problem of material constitution, it does not solve the problem of material constitution itself. Thus, the problem of material constitution really has no bearing on the debate between endurantists and perdurantists. In his paper, I will show that the same is true with respect to SR, the problem of intrinsic change, the doctrine of Humean supervenience, and the possibility of fission. In short, I will argue that none of (ii-v) is true and that therefore the doctrine of temporal parts stands unmotivated. (shrink)

In the UK, current policies and services for people with mental disorders, including those with intellectual disabilities (ID), presume that these men and women can, do, and should, make decisions for themselves. The new Mental Capacity Act (England and Wales) 2005 (MCA) sets this presumption into statute, and codifies how decisions relating to health and welfare should be made for those adults judged unable to make one or more such decisions autonomously. The MCA uses a procedural checklist to guide this (...) process of substitute decision-making. The personal experiences of providing direct support to seven men and women with ID living in residential care, however, showed that substitute decision-making took two forms, depending on the type of decision to be made. The first process, ‘strategic substitute decision-making’, paralleled the MCA’s legal and ethical framework, whilst the second process, ‘relational substitute decision-making’, was markedly different from these statutory procedures. In this setting, ‘relational substitute decision-making’ underpinned everyday personal and social interventions connected with residents’ daily living, and was situated within a framework of interpersonal and interdependent care relationships. The implications of these findings for residential services and the implementation of the MCA are discussed. (shrink)

For over two decades, the philosophical literature on divine hiddenness has been concerned with just one problem about divine hiddenness that arises out of one very particular concept of God. The problem - I'll call it the Schellenberg problem - has J. L. Schellenberg as both its inventor and its most prominent defender. The concept of God in question construes God as a perfect heavenly parent, and seems to be the product of perfect being theology deployed within the constraints imposed (...) by modern ideals of parenthood. In this paper, I argue that the Schellenberg problem is an attack on a straw deity. More specifically, I argue that Schellenberg's argument against the existence of God depends on certain theological claims that are not commitments of traditional Christian theology and that would, furthermore, be repudiated by many of the most important and influential theologians in the Christian tradition. I close with some very brief remarks about the implications of this conclusion for what I take to be the real import of the Schellenberg problem. (shrink)

There are various puzzles that set our intuitions about composition and identity against one another. Four that are particularly well known are the Growing Argument, the Ship of Theseus Puzzle, the Body-minus Argument, and Allan Gibbard’s puzzle about Lumpl and Goliath. Such puzzles have received a great deal of attention in the literature over the past thirty years, and there is an impressive and growing variety of solutions available for each of them. Surprisingly, however, no one has really discussed how (...) all of the different puzzles, and their solutions, are interrelated. On the surface, they seem to raise different problems; but clearly the puzzles are related somehow. They raise similar questions and generate similar sets of possible solutions. But, as yet, nothing has been said about how far the similarities extend. (shrink)

In this paper, I present an Aristotelian solution to the problem of material constitution. The problem of material constitution arises whenever it appears that an object a and an object b share all of the same parts and yet are essentially related to their parts in different ways. (A familiar example: A lump of bronze constitutes a statue of Athena. The lump and the statue share all of the same parts, but it appears that the lump can, whereas the statue (...) cannot, survive radical rearrangements of those parts.) I argue that if we are prepared to follow Aristotle in making a distinction between numerical sameness and identity, we can solve the problem of material constitution without recourse to co-location or contingent identity and without repudiating any of the familiar objects of common sense (such as lumps and statues) or denying that these objects have the essential properties we ordinarily think that they have. (shrink)

A detailed account of human language and evolution, reconciling the apparent dichotomy between humans and all other animals. Focuses on the speculative presence of a Generative Assembly Device, unique to Homo sapiens.

In debate about the nature of persistence over time, the view that material objects endure has played the role of “champion” and the view that they perdure has played the role of “challenger.” As in other contests, the champion’s job is merely to defend her title, whereas the challenger’s job is to prove herself worthy. I have no view about how these roles came to be assigned; but the historical fact is that perdurantists have traditionally borne the proverbial burden of (...) proof in this debate. It has fallen to the perdurantists rather than the endurantists to motivate their view, to provide reasons for accepting it that override whatever initial presumption there is against it. (shrink)

Conservation policy in New Zealand is centred around an objective to totally eradicate three invasive species; the ship rat, the brushtail possum and the stoat, by 2050. The preferred control method to achieve this is large scale poisoning operations with 1080 and similar toxins. This project is backed up by governmental and non-governmental agencies and surrounded with discourse of ‘war’ and ‘invasion’. The ‘Big Three’ predators are endowed with sinister motives as a means of mobilising support. This self-described ‘war’ is (...) evaluated in terms of ‘just war’ theory and found wanting. In particular there are issues with the recruitment of children for killing, humiliation of combatants, questionable economic motives for the ‘war’, deception by government agencies, lack of consultation, a lack of consideration of alternatives, the use of excessive suffering, and unrealistic expectations. An alternative paradigm of ‘compassionate conservation’ is proposed for New Zealand. Instead of trying to get back to a stable pre-colonial state of nature, I propose a holistic approach that respects both ecosystems and their members and takes into account new understandings of ecosystems as dynamic processes. (shrink)

In this paper I defend two conclusions: that time travel journeys to the past are not undertaken freely and, more generally, that nobody is free between the earliest arrival time and the latest departure time of a time travel journey to the past. Time travel to the past destroys freedom on a global scale.

Realism is commonly portrayed as theory that reduces international relations to pure power politics. Michael Williams provides an important reexamination of the Realist tradition and its relevance for contemporary international relations. Examining three thinkers commonly invoked as Realism's foremost proponents - Hobbes, Rousseau, and Morgenthau - the book shows that, far from advocating a crude realpolitik, Realism's most famous classical proponents actually stressed the need for a restrained exercise of power and a politics with ethics at its core. These (...) ideas are more relevant than ever at a time when the nature of responsible responses to international problems are at the centre of contemporary political debate. This original interpretation of major thinkers will interest scholars of international relations and the history of ideas. (shrink)

Drawing in part on recent work by Eleonore Stump and Sarah Coakley, I shall argue that even if NO HUMAN GOOD is true, divine hiddenness does not cast doubt on DIVINE CONCERN. My argument will turn on three central claims: (a) that ABSENCE OF RELIGIOUS EXPERIENCE and INCONCLUSIVE EVIDENCE are better thought of as constituting divine silence rather than divine hiddenness, (b) that even if NO HUMAN GOOD is true, divine silence is compatible with DIVINE CONCERN so long as God (...) has provided a way for rational creatures to find him and to experience his presence despite the silence, and (c) that there is some reason to think that Biblical narratives and liturgical acts are vehicles by which we might find and experience the presence of God. Each of these claims will be defended, in turn, in the three sections that follow. (shrink)

In the first section, I characterize skeptical theism more fully. This is necessary in order to address some important misconceptions and mischaracterizations that appear in the essays by Maitzen, Wilks, and O’Connor. In the second section, I describe the most important objections they raise and group them into four “families” so as to facilitate an orderly series of responses. In the four sections that follow, I respond to the objections.

This article challenges conventional readings of Michel Foucault by examining his fascination with neoliberalism in the late 1970s. Foucault did not critique neoliberalism during this period; rather, he strategically endorsed it. The necessary cause for this approval lies in the broader rehabilitation of economic liberalism in France during the 1970s. The sufficient cause lies in Foucault's own intellectual development: drawing on his long-standing critique of the state as a model for conceptualizing power, Foucault concluded, during the 1970s, that economic liberalism, (...) rather than “discipline,” was modernity's paradigmatic power form. Moreover, this article seeks to clarify the relationship between Foucault's philosophical antihumanism and his assessment of liberalism. Rather than arguing that Foucault's antihumanism precluded a positive appraisal of liberalism, or that the apparent reorientation of his politics in a more liberal direction in the late 1970s entailed a partial retreat from antihumanism, this article contends that Foucault's brief, strategic, and contingent endorsement of liberalism was possible precisely because he saw no incompatibility between antihumanism and liberalism—but only liberalism of the economic variety. Economic liberalism alone, and not its political iteration, was compatible with the philosophical antihumanism that is the hallmark of Foucault's thought. (shrink)

In a recent article in this journal, Achille Varzi (2009) argues that mereological universalism (U) entails mereological extensionalism (E). The thesis that U entails E (call it ‘T’) has important implications. For example, as is well known, T plays a crucial role in Peter van Inwagen’s argument against universalism (1990: 74–79). In what follows, I show that Varzi’s arguments for T rely on a tendentious assumption about parthood.

This comprehensive analysis of the complex relationship of black political thought identifies which political ideologies are supported by blacks, then traces their historical roots and examines their effects on black public opinion.

This book addresses such key ethical issues as euthanasia, the environment, biotechnology, abortion, the family, sexual ethics, and the distribution of health care resources. Michael Banner argues that the task of Christian ethics is to understand the world and humankind in the light of the credal affirmations of the Christian faith, and to explicate this understanding in its significance for human action through a critical engagement with the concerns, claims and problems of other ethics. He illustrates both the distinctiveness (...) of Christian convictions in relation to the above issues and also the critical dialogue with practices based on other convictions which this sense of distinctiveness motivates but does not prevent. The book's importance lies in its attempt to show the crucial difference which Christian belief makes to an understanding of these issues, whilst at the same time demonstrating some of the weaknesses and confusions of certain popular approaches to them. (shrink)

This paper argues that there is no straightforward conflict between the traditional Christian doctrine of original sin and the thesis that a person P is morally responsible for the obtaining of a state of affairs S only if S obtains (or obtained) and P could have prevented S from obtaining.

This book offers a new account of the origins of modern biblical criticism. Focusing on the scholarship of J. D. Michaelis , it shows how critics created a post-theological academic Bible to replace Europe's scriptural Bibles and assimilate biblical scholarship to the social goals of the Enlightenment.

This paper aims to provide a "real", as opposed to "merely stipulative", definition of "pornography". The paper first argues that no extant definition of "pornography" comes close to being a real definition, and then goes on to defend a novel definition by showing how it avoids objections that plague its rivals.

My goal in this paper is to provide characterizations of matter, form and constituency in a way that avoids what I take to be the three main drawbacks of other hylomorphic theories: (i) commitment to the universal-particular distinction; (ii) commitment to a primitive or problematic notion of inherence or constituency; (iii) inability to identify viable candidates for matter and form in nature, or to characterize them in terms of primitives widely regarded to be intelligible.