The defence of necessity has had a long, though confused, legal career. Like self-defence, consent, duress, insanity and mistake of law, necessity is rooted in moral intuitions about when conduct which causes harm to another's person or property is not wrong, or should be tolerated, permitted or praised. If a man is literally starving to death and steals a loaf of bread, we are reluctant to say that his extreme circumstances should make no difference at all to the way we (...) treat him at trial. And if two men, adrift at sea, are clinging to a log which can only support the weight of one, we are once again reluctant to say that if one pushes the other off the log, it is just a case of murder. These intuitions are deepseated; but it is extremely difficult to articulate the defence they seem to support, or to isolate the circumstances which mark the difference between a situation where the defence ought to apply and where it ought not. (shrink)

The schoolyard wisdom about “sticks and stones” does not take one very far: insults do not take the form only of words, in truth even words have effects, and in the end the popular as well as the standard legal distinctions between speech and conduct are at least as problematic as they are helpful. To think clearly about how much we should put up with those who would put us down, it is necessary to explore the nature and place of (...) insult in our lives. What kind of injury is an insult? Is its infliction determined by the insulter or the insulted? What does it reveal of the character of each and of the character of society and its conventions? What is its role in social and legal life (from play to jokes to ritual to war and from blasphemy to defamation to hate speech)? Philosophical, anthropological, psychoanalytic, and legal approaches to the questions are emphasized. Whether intentional or unintentional, the assertions and assumptions of dominance in insults make them a serious and essential form of power play. Is to understand all to forgive all? (shrink)

Few topics in international intellectual property law have been as controversial in recent years as the one we are about to examine. In the 1980s and early 1990s, a Diplomatic Conference attempted to revise the oldest international convention providing some protection for patented inventions outside of the domestic laws. Those efforts broke down, largely because developed and developing countries could not agree on the powers that governments should retain to issue compulsory licenses or on the grounds for which these powers (...) could be exercised. The failure of this Conference, held under the auspices of the World Intellectual Property Organization (WIPO), persuaded the technology-exporting countries to link future negotiations concerning international intellectual property protection to the Multilateral Trade Negotiations, known as the Uruguay Round, which got underway in 1986. The end result was Annex IC of the Agreement Establishing the World Trade Organization of 1994, which incorporated a new, comprehensive and relatively elevated set of international minimum standards of patent protection into the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). (shrink)

A thematic reading guide for the Great books of the Western world series.

Enth. zudem: Frege et les démonstratifs / par John Perry ; Comprendre les démonstratifs / par Gareth Evans.

This is a volume of thoughtful essays by a group of scientific leaders from physics, cognitive psychology, cognitive science, the philosophy of science, artificial intelligence, and brain psychology. It addresses fundamental issues such as, in the words of one of the contributors (Nobel Prize-winner Herbert A. Simon). ”How a mind resides in a brain.” The essays are set in the framework of the evolving scientific concept of complex adaptive systems, the basis for which is laid in an impressive essay by (...) another Nobelist, physicist Murray Gell-Mann. The various chapters include studies of the neurobiology of mental representation, the brain architecture that bears on the organization of human memory, a connectionist approach to emotions and neuro-modulation, the possible neurobiological bases of consciousness, the new scientific understanding of human unconsciousness processes, and even the possibility of formulating a parallel distributed process computer simulation of daydreaming and nightdreaming. Scientists in the fields of brain biology, artificial intelligence, and psychology, as well as educators interested in the links of mind and brain, will find stimulating material for potential research and teaching in each chapter. (shrink)

Après la crise de l’année 2008, la plus grave jamais traversée par le capitalisme depuis 1929, après des immixtions d’un niveau rarement atteint du politique dans l’économie, voilà que surgissent d’amples interrogations sur la nature même de ce régime économique. En ces temps de crise de l’économie et de trouble dans la pensée sur l’économie, il faut..

Connecting aesthetic experience with our experience of nature or with other cultural artifacts, Aesthetics as Phenomenology focuses on what art means for cognition, recognition, and affect—how art changes our everyday disposition or behavior. Günter Figal engages in a penetrating analysis of the moment at which, in our contemplation of a work of art, reaction and thought confront each other. For those trained in the visual arts and for more casual viewers, Figal unmasks art as a decentering experience that opens further (...) possibilities for understanding our lives and our world. (shrink)

Here in more than a hundred photographs is portrayed Liebling's Minnesota. During two decades marked by social, political and cultural change, Liebling travelled the state and found his largest subject -- the depiction and interpretation of commonplace human experience. The images range from the grain elevators and skid row of Minneapolis to the slaughterhouses in South St. Paul and the poor, working-class streets of St. Paul's West Side; from the Iron Range and the Red Lake Indian reservation in the north (...) to the farming towns in the south. The vision of Minnesota that emerges from the extraordinary photographs is uniquely that of the artist, yet it leads viewers effortlessly to an enhanced understanding of the places, the times, and, always, the people. (shrink)

This collection of articles pays homage to the creativity and scientific rigor Jerome Singer has brought to the study of consciousness and play. It will interest personality, social, clinical and developmental psychologists alike.

Despite being one of the major figures in late medieval thought and being the subject of numerous studies, certain topics concerning the Cardinal Nicholas of Cusa remain in need of further investigation. One of these is an aspect of his theory of cognition: his account of sense perception. It is our aim in this study to systematically look at his scattered remarks on the topic and make a number of suggestions as to the nature of his thought on how we (...) come to know external things. It is not our purpose to offer a comprehensive account of his theory of cognition. Our focus in this article is on his account of perception and the specific claim that Nicholas develops a model whereby reason operates together with the senses in perceptual experience. Despite being tentative our claim is grounded on suggestions found in the scholarship on Cusanus; but these suggestions remain quite vague and in need of exploration. In this article, we closely examine the textual evidence and develop our claim based o... (shrink)