Hans Morten Haugen offers an analysis of the intersection of intellectual property with health, traditional knowledge and biodiversity against a backdrop of established and emerging human rights. How those rights interface and who decides are among the most difficult issues in international intellectual property, and there is no doubt that there is room for fresh ideas on how to simultaneously achieve the goals of innovation, development and access. 0Also part of series: Library of Human Rights; 2.

A naturalistic scheme of primitive conceptual representations is proposed using the statistical measure of mutual information. It is argued that a concept represents, not the class of objects that caused its tokening, but the class of objects that is most likely to have caused it (had it been tokened), as specified by the statistical measure of mutual information. This solves the problem of misrepresentation which plagues causal accounts, by taking the representation relation to be determined via ordinal relationships between conditional (...) probabilities. The scheme can deal with statistical biases and does not rely on arbitrary criteria. Implications for the theory of meaning and semantic content are addressed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ossian and the Invention of Textual HistoryKristine Louise HaugenIt is now controversial to call James Macpherson a forger or the poems of Ossian a hoax. 1 Encouraged by Derick Thomson’s 1952 demonstration that Macpherson’s Ossian indeed echoes authentic Gaelic verse, 2 a group of critics has undertaken to “rehabilitate” Macpherson, not least through a new critical edition of Ossian’s poems and related texts. 3 The edition makes it easier (...) than before to encounter Ossian directly:Morna, thou fairest of women, daughter of Cormac-Carbre? [sic] why in the circle of stones, in the cave of the rock, alone? The stream murmureth hoarsely. The blast groaneth in the aged tree. The lake is troubled before thee.... But thou art like snow on the heath. Thy hair like a thin cloud of gold on the top of Cromleach.... Thy arms, as two white pillars in the hall of Fingal. 4The authentic source of this passage seems to be the eighteenth-century commonplace that the savage and uneducated delight in figurative language, especially similes and metaphors—a commonplace enunciated often in the writings [End Page 309] of Hugh Blair, a literary critic deeply interested in Macpherson’s Ossianic productions. 5 As Harold Weinbrot and others suggest, the Ossian poems were celebrated largely because they confirmed readers’ most picturesque preconceptions about the “infancy of mankind.” 6There was room for disagreement. Many influential litterati were convinced of the poems’ antiquity, among them Goethe, Herder, Cesarotti, and a host of Scottish intellectuals. 7 But there were also detractors, mainly English—for example, Dr. Johnson and Edward Gibbon—although David Hume soon joined the skeptics, and the Scotsman Malcolm Laing issued the most crushing attack in the exchange several decades after Ossian’s first appearance in 1760. 8 The Ossian poems served a potent mixture of scholarly and political concerns, of which some were new but some were venerable. With a subtle but important shift in balance, the same mixture underlay the willingness of the most prominent eighteenth-century critics to discredit problematic texts and textual myths, even at the cost of an apparent reduction in historical knowledge. 9 For all parties Macpherson’s Ossian invited not only aesthetic delectation, but sustained thought about the relationship between early poetry and history and the value of early texts for reconstructing the past. [End Page 310]The question of British origins had preoccupied seventeenth-century antiquaries for a number of reasons, including Polydore Vergil’s unflattering Anglica Historia (first published 1546). 10 In the campaign to establish respectable national roots the Celtic druids had quickly become a kind of favorite example; they were presented early and often as heroes of British culture. The druids and their associates the bards had been described in their French setting by classical authors; William Camden, John Selden, and others transferred them easily to Celtic Britain. It was then straightforward to suggest further that the British Celts were the first discoverers of writing and philosophy, or at least discoverers concurrent with the ancient Hebrews, or both, this theory having been elaborated for the French Celts through Annius of Viterbo’s historical forgeries of 1498 and Annius’s French partisans. 11In fact this theory placed England at a disadvantage as Scotland, Ireland, and Wales had the more convincing joint claim to Celtic ancestry. Individual claims for Scotland and Ireland were frequently heard as well. The text most relevant to Ossian was the deist John Toland’s 1726 history of the druids, in which Toland both satirized the eighteenth-century clergy and argued that the ancient Celts of France and Scotland were colonists from Ireland—the original home of druidism, learning, and Toland. 12 In Toland’s version the theory made much of certain unpublished Irish manuscripts, supposedly dating from Cicero’s day and written in the “native” Irish alphabet. St. Patrick had burned hundreds of druidical religious books when he arrived in Ireland—proof that the Celts had a written language—but the bardic histories, couched in rugged verse, had escaped the evangelist’s flames. 13 Clearly, any respectable reply would need to draw on ancient manuscripts too.Even for readers unfamiliar with Toland, Macpherson’s texts... (shrink)

1. Lewis White Beck describes Kant as engaging in a ‘two-front war’ against the rationalists and empiricists in an attempt to solve the problems of epistemology. Both groups, according to Kant, were mistaken in believing that there is but one ultimate source or faculty of knowledge. Discuss critically Kant’s attack on these two positions with particular reference to the distinction between analytic and synthetic judgements and Kant’s notion of synthetic a priori judgements. To what extent do you think that the (...) distinction between these three kinds of judgements is valid? In your response you should refer to the arguments by Quine (‘Two Dogmas of Empiricism’) and Strawson/Grice. (shrink)

he article combines Elinor Ostrom’s design principles for common-pool resources and human rights provisions, including subsequent clarifications and jurisprudence. It analyses whether stronger local self-governance, embedded in the natural resource dimension of peoples’ rights to self-determination is a recommendable approach. Two changes in understanding are noted. First, the universal approval of indigenous peoples’ right to self-determination as specified in the UN Declaration on the Rights of Indigenous Peoples. Second, the wide endorsement of the specific principle of free and prior informed (...) consent. As the exercise of peoples’ rights to self-determination is done on a collective level, it is important to have awareness of whether particularly affected and marginalized households and individuals are included or not included in the decision-making process. The article then reviews a range of new instruments adopted by the OECD and the UN for improved human rights awareness and compliance in the context of economic investments. The article finds that these instruments are still underutilized. Finally, the article identifies the role of human rights in bilateral investment treaties. It finds that there are less jurisdictional restrictions – as many treaties have a wide understanding of applicable law – than cognitive restrictions – as human rights competence is rarely sought when establishing tribunals mandated to solve investments disputes. (shrink)

Craig Callender, Jonathan Cohen and Markus Schrenk have recently argued for an amended version of the best system account of laws – the better best system account (BBSA). This account of lawhood is supposed to account for laws in the special sciences, among other desiderata. Unlike David Lewis's original best system account of laws, the BBSA does not rely on a privileged class of natural predicates, in terms of which the best system is formulated. According to the BBSA, a contingently (...) true generalization is a law of a special science S iff the generalization is an axiom (or a theorem) of the best system relative to the set of predicates used by special science S. We argue that the BBSA is, at best, an incomplete theory of special science laws, as it does not account for typical features of special science laws, such as attached ceteris paribus conditions and the idealized character of law statements in these disciplines. (shrink)

Much early modern metaphysics grew with an eye to the new science of its time, but few figures took it as seriously as Emilie du Châtelet. Happily, her oeuvre is now attracting close, renewed attention, and so the time is ripe for looking into her metaphysical foundation for empirical theory. Accordingly, I move here to do just that. I establish two conclusions. First, du Châtelet's basic metaphysics is a robust realism. Idealist strands, while they exist, are confined to non-basic regimes. (...) Second, her substance realism seems internally coherent, so her foundational project appears successful.I have two aims in this paper. Historically, I show that du Châtelet's main source of inspiration was Christian... (shrink)

This Element analyzes Kant’s metaphysics and epistemology of the exact science of nature. It explains his theory of true motion and ontology of matter. In addition, it reconstructs the patterns of evidential reasoning behind Kant’s foundational doctrines.

No global professional codes for the natural science and technology professions exist. In light of how the application of new technology can affect individuals and communities, this discrepancy warrants greater scrutiny. This article analyzes the most relevant processes and seeks to explain why these processes have not resulted in global codes. Moreover, based on a human rights approach, the article gives recommendations on the future process and content of codes for science and technology professions. The relevance of human rights in (...) the realm of individual conduct is based on the fact that while human rights treaties primarily outline State obligations, individuals have responsibility for human rights promotion. Human rights principles have only recently been subject to interests from policy makers and academics, and must be better clarified. Human rights principles are found to be relevant, but are effective only if they are applied in conjunction with substantive human rights. (shrink)

Features different perspectives on issues surrounding war, including such topics as the justification of war, resource scarcity, the war on terror, and surveillance tools.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Newton's Metaphysics: Essays by Eric SchliesserMarius StanEric Schliesser. Newton's Metaphysics: Essays. Oxford: Oxford University Press, 2021. Pp. 328. Hardback, $99.90.Newton owes his high regard to the quantitative science he left us, but his overall picture of the world had some robustly metaphysical threads woven in as well. Posthumous judgment about the value of these threads has varied wildly. Christian Wolff thought him a metaphysical rustic, as did Hans (...) Reichenbach some two centuries later ("Die Bewegungslehre bei Newton, Leibniz und Huygens," Kant-Studien 29 [1924]: 416–38). In the 1960s, the tide would turn, as Howard Stein and James Edward McGuire separately began to show that Newton's metaphysics was not just sophisticated, but often more compelling than its early modern alternatives (see respectively "Newtonian Spacetime," Texas Quarterly 10 [1967]: 174–200; and Tradition and Innovation: Newton's Metaphysics of Nature [Dordrecht: Kluwer Academic Publishers, 1995]). Eric Schliesser's book unfolds in that same register of appreciative, high scholarship, and it attests to the enduring attraction of its subject.The book grew out of previous discrete papers, to which he added a few more for this occasion. Accordingly, it does not come with a master argument. Rather, it is an in-depth exploration of some key metaphysical themes in Newton. As such, it befits its subject figure, who reflected on themes and concepts while stopping short of working out systems.The first major theme is Newton and Spinozism. The latter does not denote Spinoza's metaphysics. In fact, Schliesser explains, Newton shared with Spinoza some weighty commitments, for example, to space being actually infinite, and to substance monism: "for Newton, there is strictly speaking only one genuine substance," namely, God (33). Rather, "Spinozism" is an interpreter's category for a bundle of three theses: identifying God and nature; denying final causation in the physical world; and the assumption of "blind" metaphysical necessity. Some counted Hobbes and John Toland as Spinozist in this sense, and even Epicurus, avant la lettre. Newton and his followers argued vehemently against this package, as Schliesser shows in chapters 4, 5, and 8. Their chief complaint was that Spinozism is unable to account for the "origin of motion," for a certain type of order, and for the stability of cosmological structure—and to do so in a way that "meets the standards of Newtonian mechanics" (122). This interpretive lens allows Schliesser to draw Kant in, by reading his youthful Theory of Heaven as a possible Spinozist reply to their objections (chapter 3). [End Page 157]A second theme is the metaphysics of mechanics, where Schliesser weaves together several strands. One is the ontology of gravity, for which he offers a novel construal: for Newton, gravity counts as real, but in a qualified sense. Namely, it is not essential and not intrinsic: "even after creation, a lonely partless particle of matter in the universe would not be said to gravitate." And gravity is relational: a "shared quality" of two or more bits of matter, which obtains in virtue of their sharing a nature (19). Another strand is Newton's ontology of time—really, a subtle, difficult topic long neglected. Famously, Newton in Principia defends absolute, true, and mathematical time. The question is what these three qualifiers denote, and whether Newton thought they were synonymous. Schliesser in chapter 7 argues for the provocative view that "absolute" and "true" time are not identical concepts; rather, they pick out different entities. These entities share a common structure, namely, metric and topological. That makes them species of "mathematical" time (179). But, Schliesser contends, Newton has unequal warrant for his two concepts of time.Yet another theme is formal causation. It comes to the fore in chapter 5, which grapples with Newton's opaque idea that space is an "emanative effect." Schliesser explains that here, "emanation picks out a species of formal causation" (147), but in a novel, early modern sense that comes from Bacon, not Aristotle. If space has a formal cause, then so has its twin brother, time, the topic of chapter 7. God is their common formal cause. Then in chapter 6 (coauthored with Zvi Biener) Schliesser adds that, for Newton, laws... (shrink)

The article analyses the three terms autonomy, dignity and vulnerability. The relevance and practical application of the terms is tested in two spheres. First, as guiding principles in the area of ethics of medicines and science. Second, as human rights principles, serving to guide the conduct of public policies for an effective realization of human rights. The article argues that all human beings have the same dignity, but that the autonomy—and therefore vulnerability—differs considerably. Simply said, with reduced autonomy comes increased (...) vulnerability, implying extra attention to the protective dimensions. The article finds that the three terms approach the protection of human beings in different ways and that all are relevant and applicable in both spheres, but that an isolated notion of autonomy and a ‘group-based’ notion of vulnerability are not adequate. (shrink)

Linguistic competence is, among other things, the cognitive ability of using words appropriately. Following this notion, being a competent language user cannot be merely simulated because pretending to use words appropriately already is using words appropriately. Since current AI already can use words appropriately it may be that AI already has linguistic competence instead of merely simulating it. However, in this article I argue that there is at least one domain of linguistic competence that can be simulated: grasping lexical effects. (...) Since grasping lexical effects presupposes an ability which AI lacks, namely feeling emotions, I argue that AI can only grasp the cognitive part of words but not their lexical effects. AI can only simulate to grasp lexical effects. Hence, lexical effects are a domain of linguistic competence AI cannot grasp. (shrink)

ABSTRACTIn this paper, I will investigate the compatibility of different metaphysics of time with the powers view. At first sight, it seems natural to combine some sort of powers ontology with a dy...

I examine here if Kant can explain our knowledge of duration by showing that time has metric structure. To do so, I spell out two possible solutions: time’s metric could be intrinsic or extrinsic. I argue that Kant’s resources are too weak to secure an intrinsic, transcendentally-based temporal metrics; but he can supply an extrinsic metric, based in a metaphysical fact about matter. I conclude that Transcendental Idealism is incomplete: it cannot account for the durative aspects of experience—or it can (...) do so only with help from a non-trivial metaphysics of material substance. (shrink)

This paper examines the origin, range and meaning of the Principle of Action and Reaction in Kant’s mechanics. On the received view, it is a version of Newton’s Third Law. I argue that Kant meant his principle as foundation for a Leibnizian mechanics. To find a ‘Newtonian’ law of action and reaction, we must look to Kant’s ‘dynamics,’ or theory of matter. I begin, in part I, by noting marked differences between Newton’s and Kant’s laws of action and reaction. I (...) argue that these are explainable by Kant’s allegiance to a Leibnizian mechanics. I show (in part II) that Leibniz too had a model of action and reaction, at odds with Newton’s. Then I reconstruct how Jakob Hermann and Christian Wolff received Leibniz’s model. I present (in Part III) Kant’s early law of action and reaction for mechanics. I show that he devised it so as to solve extant problems in the Hermann-Wolff account. I reconstruct Kant’s views on ‘mechanical’ action and reaction in the 1780s, and highlight strong continuities with his earlier, pre-Critical stance. I use these continuities, and Kant’s earlier engagement with post-Leibnizians, to explain the un-Newtonian features of his law of action and reaction. (shrink)

This Elibron Classics title is a reprint of the original edition published by Félix Alcan in Paris, 1905.

Aurel Codobon, Amurgul iubirii, Editura Idea, Cluj, 2004.

Fetele tolerantei, Faces of tolerance Mihaela Frunzã, Ed. Editura Fundatiei AXIS, Iasi, 2003.

The merit of the SINBAD model is to provide an explicit mechanism showing how the cortex may come to develop detectors responding to correlated properties and therefore corresponding to the sources of these correlations. Here I argue that, contrary to the article, SINBAD neurosemantics does not need to rely on teleofunctions to solve the problem of misrepresentation. A number of difficulties for the teleofunction theories of content are reviewed and an alternative theory based on categorization performance and statistical relations is (...) argued to provide a better account and to come closer to the practice in neuroscience and to powerful intuitions on swampkinds and on broad/narrow content. (shrink)

In climate science, observational gridded climate datasets that are based on in situ measurements serve as evidence for scientific claims and they are used to both calibrate and evaluate models. However, datasets only represent selected aspects of the real world, so when they are used for a specific purpose they can be a source of uncertainty. Here, we present a framework for understanding this uncertainty of observational datasets which distinguishes three general sources of uncertainty: (1) uncertainty that arises during the (...) generation of the dataset; (2) uncertainty due to biased samples; and (3) uncertainty that arises due to the choice of abstract properties, such as resolution and metric. Based on this framework, we identify four different types of dataset ensembles — parametric, structural, resampling, and property ensembles—as tools to understand and assess uncertainties arising from the use of datasets for a specific purpose. We advocate for a more systematic generation of dataset ensembles by using these sorts of tools. Finally, we discuss the use of dataset ensembles in climate model evaluation. We argue that a more systematic understanding and assessment of dataset uncertainty is needed to allow for a more reliable uncertainty assessment in the context of model evaluation. The more systematic use of such a framework would be beneficial for both scientific reasoning and scientific policy advice based on climate datasets. (shrink)

Philosophy and Phenomenological Research, EarlyView.

ABSTRACT In this paper, I propose a variant of a Humean account of laws called "Open Future Humeanism", which holds that since the laws supervene partly on future events, there are at any instant infinitely many possible future courses of events. I argue that if one wants to take the openness of the future that OFH proposes ontologically serious, then OFH is best represented within a growing block view of time. I further discuss some of OFH's problems which stem from (...) the fact that in this view, there are no laws as long as time progresses. These problems can be solved by adding a temporal operator to the laws, so that at any instant, we get a set of tensed laws which held up to and including that instant. (shrink)

3 LIBERTARIANISM Now that we have discussed determinism and laws of nature, let us finally turn to libertarianism. Traditionally, libertarianism has been viewed as an incompatibilist theory of free will, as it requires the existence of real ...

I argue that the key dynamical concepts and laws of Newton's Principia never gained a solid foothold in Germany before Kant in the 1750s. I explain this absence as due to Leibniz. Thus I make a case for a robust Leibnizian legacy for Enlightenment science, and I solve what Jonathan Israel called “a meaningful historical problem on its own,” viz. the slow and hesitant reception of Newton in pre-Kantian Germany.