The article addresses the role of scarcity in negotiating the relationship between intellectual property, particularly from a legal-economic perspective, and property rights, as understood by transaction cost economics, to shed light on the deadlock faced by those suffering from neglected tropical diseases (NTDs). The consistency of the law and economics fundamentals that support the trade on knowledge goods, namely patents on essential medicines, is put under check by Scott Veitch’s scholarship on legal irresponsibility. The damages that emerge from the operations (...) of the intellectual property system are registered in the novel concept of negative public domain, and are due mainly to the lack of access to treatments that end up being unaffordable, or to innovation that leads to new drugs that is not sufficiently incentivised though price signals. The accountability for such damages is taken into consideration by arguing that the disavowal of responsibility is made possible by the negative public domain, which is balanced by the construction of a positive response through the language of rights. As such, responsibility per se is preserved, evading one instantiation of Teubner’s legal paradoxes, but rendered ineffective by design. In other words, even if the harms endured by those affected by the NTDs can be traced back to the operations of the intellectual property system, there is no one to hold accountable. The main goal pursued through the article is to make such an arrangement explicit, by giving centrality to the notion of scarcity and its interplay between legal and economic theory, alongside the novel concept of negative public domain as a site where the actual consequences of irresponsibility lie, to hopefully inform further critique in subsequent works. (shrink)

O presente artigo intenciona realizar uma breve investigação da relação dialética subjetividade-objetividade numa perspectiva emancipatória da classe oprimida. Com efeito, nosso objeto de estudo, a pedagogia do oprimido em Paulo Freire, será analisado numa perspectiva dialógica com o pensamento marxiano, com vistas a encontrar algumas marcas fundamentais da contribuição do filósofo alemão na constituição do ideário crítico freiriano. Destacamos aqui que o problema central da pesquisa, qual seja: a relação mundo e consciência, institui-se como problema indeclinável para o processo de (...) luta histórica e social. (shrink)

The exchange of goods and services between individuals is often formalised by a contract in which the parties establish norms to define what is expected of each one. Norms use deontic statements of obligation, prohibition, and permission, which may be in conflict. The task of manually detecting norm conflicts can be time–consuming and error-prone since contracts can be vast and complex. To automate such tasks, we develop an approach to identify potential conflicts between norms. We show the effectiveness of our (...) approach and its individual components empirically using two publicly available corpora, and contribute with a new annotated test corpus for norm conflict identification. (shrink)

Therapeutic strategies capable of inducing and enhancing prosthesis embodiment are a key point for better adaptation to and acceptance of prosthetic limbs. In this study, we developed a training protocol using an EMG-based human-machine interface that was applied in the preprosthetic rehabilitation phase of people with amputation. This is a case series with the objective of evaluating the induction and enhancement of the embodiment of a virtual prosthesis. Six men and a woman with unilateral transfemoral traumatic amputation without previous use (...) of prostheses participated in the study. Participants performed a training protocol with the EMG-based HMI, composed of six sessions held twice a week, each lasting 30 mins. This system consisted of myoelectric control of the movements of a virtual prosthesis immersed in a 3D virtual environment. Additionally, vibrotactile stimuli were provided on the participant’s back corresponding to the movements performed. Embodiment was investigated from the following set of measurements: skin conductance response, crossmodal congruency effect, ability to control the virtual prosthesis, and reports before and after the training. The increase in the skin conductance response in conditions where the virtual prosthesis was threatened, recalibration of the peripersonal space perception identified by the crossmodal congruency effect, ability to control the virtual prosthesis, and participant reports consistently showed the induction and enhancement of virtual prosthesis embodiment. Therefore, this protocol using EMG-based HMI was shown to be a viable option to achieve and enhance the embodiment of a virtual prosthetic limb. (shrink)

Is liberal democracy a universal ideal? Proponents of "Asian values" argue that it is a distinctive product of the Western experience and that Western powers shouldn't try to push human rights and democracy onto Asian states. Liberal democrats in the West typically counter by questioning the motives of Asian critics, arguing that Asian leaders are merely trying to rationalize human-rights violations and authoritarian rule. In this book--written as a dialogue between an American democrat named Demo and three East Asian critics-- (...) class='Hi'>Daniel A. Bell attempts to chart a middle ground between the extremes of the international debate on human rights and democracy.Bell criticizes the use of "Asian values" to justify oppression, but also draws on East Asian cultural traditions and contributions by contemporary intellectuals in East Asia to identify some powerful challenges to Western-style liberal democracy. In the first part of the book, Bell makes use of colorful stories and examples to show that there is a need to take into account East Asian perspectives on human rights and democracy. The second part--a fictitious dialogue between Demo and Asian senior statesman Lee Kuan Yew--examines the pros and cons of implementing Western-style democracy in Singapore. The third part of the book is an argument for an as-yet-unrealized Confucian political institution that justifiably differs from Western-style liberal democracy.This is a thought-provoking defense of distinctively East Asian challenges to Western-style liberal democracy that will stimulate interest and debate among students of political theory, Asian studies, and international human rights. (shrink)

Michel Foucault's death in 1984 coincided with the fading away of the hopes for social transformation that characterized the postwar period. In the decades following his death, neoliberalism has triumphed and attacks on social rights have become increasingly bold. If Foucault was not a direct witness of these years, his work on neoliberalism is nonetheless prescient: the question of liberalism occupies an important place in his last works. Since his death, Foucault's conceptual apparatus has acquired a central, even dominant position (...) for a substantial segment of the world's intellectual left. However, as the contributions to this volume demonstrate, Foucault's attitude towards neoliberalism was at least equivocal. Far from leading an intellectual struggle against free market orthodoxy, Foucault seems in many ways to endorse it. How is one to understand his radical critique of the welfare state, understood as an instrument of biopower? Or his support for the pandering anti-Marxism of the so-called new philosophers? Is it possible that Foucault was seduced by neoliberalism? This question is not merely of biographical interest: it forces us to confront more generally the mutations of the left since May 1968, the disillusionment of the years that followed and the profound transformations in the French intellectual field over the past thirty years. To understand the 1980s and the neoliberal triumph is to explore the most ambiguous corners of the intellectual left through one of its most important figures. (shrink)

"A compelling, insightful, and intimate portrait of William James as artist, philosopher, and psychologist, The Compromised Scientist explains James's emergence as a founding father of American experimental psychology. Unlike most books about James, this one emphasizes the fact that he had found a career as a painter and was not really a "buried" philosopher or psychologist. He was, in fact, an artist who was forced to compromise his urge to paint by developing a unique psychological language--the language of the "stream (...) of consciousness." Daniel W. Bjork offers an entirely new perspective on James by analyzing his famous diary as a record of his brilliant flight from art to psychology. In addition, Bjork explores the ways in which James's artistic orientation inevitably brought him into conflict with such other major psychological pioneers as Hugo Münsterberg, Edward Bradford Titchener, and James McKeen Cattell, all of whom dissented from James's psychological and professional outlook and, in particular, his enthusiastic crusade for the unconscious and psychic research. For them too, James was a "compromised scientist"--A man who had abandoned scientific standards. This indispensable study, complete with ample diary notations and illustrations, brings into new perspective the leading figure in American experimental psychology."--Provided by publisher. (shrink)

This book is born out of two contradictions: first, it explores the making of meaning in a musical form that was made to lose its meaning at the turn of the nineteenth century; secondly, it is a history of a music that claims to have no history - absolute music. The book therefore writes against that notion of absolute music which tends to be the paradigm for most musicological and analytical studies. It is concerned not so much with what music (...) is, but with why and how meaning is constructed in instrumental music and what structures of knowledge need to be in place for such meaning to exist. From the thought of Vincenzo Galilei to that of Theodore Adorno, Daniel Chua suggests that instrumental music has always been a critical and negative force in modernity, even with its nineteenth-century apotheosis as 'absolute music'. (shrink)

I present a straightforward objection to the view that what we know has epistemic probability 1: when combined with Bayesian decision theory, the view seems to entail implausible conclusions concerning rational choice. I consider and reject three responses. The first holds that the fault is with decision theory, rather than the view that knowledge has probability 1. The second two try to reconcile the claim that knowledge has probability 1 with decision theory by appealing to contextualism and sensitive invariantism, respectively. (...) I argue that each response fails, and that we can hold on to much of what was attractive in the responses while denying that what we know has probability 1. (shrink)

Jeffrey (1983) proposed a generalization of conditioning as a means of updating probability distributions when new evidence drives no event to certainty. His rule requires the stability of certain conditional probabilities through time. We tested this assumption (“invariance”) from the psychological point of view. In Experiment 1 participants offered probability estimates for events in Jeffrey’s candlelight example. Two further scenarios were investigated in Experiment 2, one in which invariance seems justified, the other in which it does not. Results were in (...) rough conformity to Jeffrey (1983)’s principle. (shrink)

Moral dilemmas set a challenge for ethical theory. They are situations where agents seem to be under an obligation both to do, and to refrain from doing, a specific act. Are such situations possible? What is their exact nature? These are the questions that _Moral Dilemmas_ tries to answer. The book argues that moral theories should not allow for the possibility of irresolvable dilemmas, for situations in which no right answer exists. To this end, arguments seeking to prove the existence (...) of irresolvable dilemmas, especially the argument from the incommensurability of values, are discussed at length and refuted. The book shows that though on the normative level dilemmas are resolved, they typically involve a high moral cost for which there is no adequate compensation. This moral cost is the source of the regret and pain suffered by agents in moral dilemmas. Thus, moral dilemmas do not point to any inconsistency in our moral reasoning or theory, but to a problematic aspect of the human condition; at times (probably less often than is usually believed), human beings are justified, and even required, to dirty their hands by behaving in ways that in ordinary situations would be strictly forbidden and condemned. (shrink)

ABSTRACT Moral hazards are ubiquitous. Green ones typically involve technological fixes: Environmentalists often see ‘technofixes’ as morally fraught because they absolve actors from taking more difficult steps toward systemic solutions. Carbon removal and especially solar geoengineering are only the latest example of such technologies. We here explore green moral hazards throughout American history. We argue that dismissing (solar) geoengineering on moral hazard grounds is often unproductive. Instead, especially those vehemently opposed to the technology should use it as an opportunity to (...) expand the attention paid to the underlying environmental problem in the first place, actively invoking its opposite: ‘inverse moral hazards’. (shrink)

Consider this chess puzzle. White to checkmate in two. It appeared recently in the Boston Globe, and what startled me about it was that I had thought it had been proven that you can’t checkmate with a lone knight (and a king, of course). This is a counterexample, a strange circumstance that can arise in a legal game of chess. This fact is a higher-order truth of chess, namely that the “proof” that you can never checkmate with a lone knight (...) and king is unsound. Now let’s consider chmess (I made up the term); it’s the game that you get by allowing the king to move two spaces, not one, in any direction. I made it up and I don’t know if anybody has ever played it. I have no idea whether it’s worth playing. Probably it isn’t, but it doesn’t matter; it’s not even worth our attention long enough to figure out. But a moment’s reflection reveals that there are exactly as many higher-order a priori truths of chmess as there are of chess, namely, an infinity of them. And no doubt they would be roughly as difficult to discover and to prove as the higherorder truths of chess. There are people who make a living working out the truths of chess and certainly it’s been a big avocation for many other people. But I doubt if anybody yet has spent more than 5 minutes trying to work out the a priori truths, and the higher-order truths, of chmess. (shrink)

This is the first modern book to describe Francis Bacon's jurisprudence. He has long been famous as a scientist, philosopher, politician and literary giant, but his career as one of England's greatest lawyers and jurists has been largely overlooked. Bacon's major contribution to Anglo-American jurisprudence is presented in such a way as to be suitable to specialists and non-specialists alike. The purpose is to restore Bacon to his rightful place as England's first true critical and analytical jurist, and to describe (...) how his legal thought related to his other great intellectual achievements. (shrink)

Salomon Maimon, philosophischer Autodidakt und wichtiger zeitgenössischer Kritiker Kants, schreibt in einem Kommentar, dass er angesichts des Spinozismus 'vor dem Nichts zurück schaudert'. An anderer Stelle heisst es, jene Philosophie sei 'das akosmische System'. Die schwerwiegende inhärente Problematik dieser Äusserungen wird in dem vorliegenden Band ausführlich diskutiert. Es wird der Frage nachgegangen, was es mit Maimons komplexer Beziehung zur Philosophie Spinozas auf sich hat. Dabei wird gezeigt, dass es dort zu erheblichen Kollisionen verschiedenartiger Vorstellungen vom Intellekt kommt, vom menschlichen wie (...) göttlichen. Letztlich geht es in diesem jahrhunderteübergreifenden Disput um nicht weniger als um eine tiefgreifende Bestimmung des Verhältnisses von Welt, Gott und menschlichem Denken.Indem verschiedene Zweige der Philosophie Maimons in Bezug zueinander gesetzt werden und damit ein facettenreiches Gesamtbild ergeben, wird der Versuch eines neuartigen Zugangs zu seiner Philosophie insgesamt unternommen. (shrink)

Capitalism in the western world is currently facing a crisis of legitimacy in the face of rampant and growing inequality. In response, people are challenging the status quo and demanding their economic rights. But what economic rights do we have, and why? This book explores how four remarkable thinkers answered these questions during the nineteenth century's industrial revolution and how their ideas can provide a blueprint for economic justice today.

These free-wheeling, often exhilarating dialogues—which grew out of the acclaimed Carnegie Hall Talks—are an exchange between two of the most prominent figures in contemporary culture: Daniel Barenboim, internationally renowned conductor and pianist, and Edward W. Said, eminent literary critic and impassioned commentator on the Middle East. Barenboim is an Argentinian-Israeli and Said a Palestinian-American; they are also close friends. As they range across music, literature, and society, they open up many fields of inquiry: the importance of a sense of (...) place; music as a defiance of silence; the legacies of artists from Mozart and Beethoven to Dickens and Adorno; Wagner’s anti-Semitism; and the need for “artistic solutions” to the predicament of the Middle East—something they both witnessed when they brought young Arab and Israeli musicians together. Erudite, intimate, thoughtful and spontaneous, Parallels and Paradoxes is a virtuosic collaboration. (shrink)

Este artículo investiga la posible justificación de derechos culturales dentro del marco teórico del enfoque en las capacidades. El enfoque no se opone en principio a esta justificación, pero establece restricciones significantes, y correspondientemente, no es compatible con las demandas multicultur..

Many philosophers have challenged the problem of skepticism. I argue that none of them successfully dispute the system established by Sextus Empiricus. But not just that; the main thesis proposed is that this kind of skepticism is unsolvable. I maintain that there are two fundamental strategies in Sextus' Outlines of Phyrrhonism. One of them is that the basic description of skepticism has a paradoxical character. The other focuses on the Five Modes of Agrippa that comprise a system of dialectical moves (...) for suspending judgment. The modes have, as a system, the capacity to reposition in any circumstance, so it is impossible to justify to the skeptic why he needs to abandon his skepticism. I explain, in brief, why the most important objections to skepticism do not solve this challenge. In opposition to common view, I argue that Sextus' phyrrhonism is practicable, coherent and consistent. Although there is no possible solution to skepticism, there is at least a general way to answer it without contradiction, infinite regression or becoming a skeptic. (shrink)

Answering the call of the Second Vatican Council for moral theology to 'draw more fully on the teaching of Holy Scripture, ' the authors examine the virtues that both flow from Scripture and provide a lens by which to interpret Scripture.

Part of the bafflement over expressions like “contemporary” and “postmodern” in philosophy can be traced to a flood of nineteenth-century historians of philosophy who dubbed the so-called “post-medieval” era from Bacon and Descartes to Mill and Nietzsche the “Philosophie der Neuzeit,” “L’époque moderne,” and “modern philosophy.” Even the philosophers mentioned suffice to indicate that these labels are often only placeholders for views of thinkers linked by little more than a birth after the onset of the Reformation and a death before (...) the Curies’ discovery of polonium. Nevertheless, philosophers in the twentieth century and their historians were faced with the dilemma of either subsuming their work under this broadly conceived moniker, thereby signaling nolens volens a lack of significant innovation, or coming up with some appropriately distinctive term. (shrink)

The Computational History of Philosophy of Science Dataset aims to be a comprehensive set of article and book chapter metadata for philosophy of science. The dataset covers the full run of over 40 journals and 3 major book series in the field. An automated author disambiguation script is used to construct canonical names for each author, and a combination of gender attribution methods is used to attribute the gender of each author. The full code used to generate the dataset is (...) available at [URL not allowed]. See the file data_dictionary.txt for data dictionary and additional information. (shrink)

Introduction -- The new pragmatists -- Paradox and pragmatism -- Pragmatism and tradition -- Violence and despair -- Love.