The fair use doctrine is at once the most significant and the most problematic qualification of the copyright owner's right to exclusivity. An affirmative defense against copyright liability, the fair use doctrine legitimates certain unauthorized reproductions of copyrighted materials that would otherwise be regarded as copyright infringements. Notwithstanding its importance, “fair use” continues to be “the most troublesome [doctrine] in the whole law of copyright.” Throughout its long history, neither courts nor legislatures have provided a useful definition of “fair use” (...) nor have they adumbrated its objectjves. Since the doctrine's inception over two and a half centuries ago, courts and legislatures have attempted to formulate, explicate, refine, and revamp the fair use doctrine. Generally, these efforts have proven unfruitful. At best, they have resulted in various formulations of how to approach fair use questions that offer courts and users of copyrighted works scant guidance on how fair use should be recognized. All this would not have been of grave concern had judges shared a common understanding of fair use or of the principles that should guide them in deciding fair use cases. The problem is that they do not. Rather, the case law reflects wdely divergent notions of the concept of fair use. The lack of consensus is best witnessed in the multiple reversals and divided courts that have become the hallmark of fair use litigation. (shrink)

In this Article we explore the evolution of property law and examine the applicability of the prevailing accounts according to which property institutions oscillate between the extreme points of open access and private property. We show that the evolution of property is a much more nuanced process, shaped by the interplay of the following three dimensions: number of owners, extent of dominion and asset configuration. Accordingly, property institutions can assume a myriad of positions along the aforementioned dimensions in response to (...) the constant change in exclusion and management costs. We demonstrate our theory by discussing examples of three dimensional adjustments of real, personal and intellectual property. (shrink)

Manifest Activity presents and critically examines the model of human power, the will, our capacities for purposeful conduct, and the place of our agency in the natural world of one of the most important and traditionally under-appreciated philosophers of the 18th century: Thomas Reid. For Reid, contrary to the view of many of his predecessors, it is simply manifest that we are active with respect to our behaviours; it is manifest, he thinks, that our actions are not merely remote products (...) of forces that lie outside of our control. Reid holds, instead, that actions are all and only those events that spring from active power and he produces insightful and imaginative arguments for the claim that only a creature with a mind is capable of having active power. He believes that only human beings, and creatures 'above us', are capable of directing events towards ends, of endowing them with purpose or direction, the distinctive feature of action. However, he also holds that all events, and not merely human actions, are products of active power, power possessed either by human beings or by God. This collection of theses leads Reid to the view that human behaviour and the progress of nature are both essentially teleological. Patterns in nature are the products of laws of which God is the author; patterns in human conduct are the products of character and the laws that individuals set for themselves. Manifest Activity examines Reid's arguments for this view and the view's implications for the nature of character, motivation and the special kind of causation involved in the production of human behavior. (shrink)

Criminal defendants cannot be punished unless found guilty “beyond a reasonable doubt”. Under probabilistic accounts, this means that the probability of guilt given the evidence is above a certain numerical threshold, such as 0.9. Under psychological accounts, by contrast, what is essential is that a factfinder reaches a certain psychological attitude toward guilt, such as certainty or unwavering belief, when contemplating the evidence. An adequate account should provide a normative explanation for why guilt BARD warrants punishment. Psychological accounts are more (...) likely to meet this challenge than probabilistic, it is argued. The permissibility of punishment is likely to be relative to the cognitive attitudes of the punisher, but not to the conditional probability of guilt in light of the evidence. (shrink)

Region R Question: How many objects — entities, things — are contained in R? Ignore the empty space. Our question might better be put, 'How many material objects does R contain?' Let's stipulate that A, B and C are metaphysical atoms: absolutely simple entities with no parts whatsoever besides themselves. So you don't have to worry about counting a particle's top half and bottom half as different objects. Perhaps they are 'point-particles', with no length, width or breadth. Perhaps they are (...) extended in space without possessing spatial parts (if that is possible). Never mind. We stipulate that A, B and C are perfectly simple. We also stipulate that they are connected as follows. A and B are stuck together in such a way that when a force is applied to one of them, they move together 'as a unit'. Moreover, the two of them together exhibit behavior that neither would exhibit on its own — Perhaps they emit a certain sound, or glow in the dark — whereas C is.. (shrink)

1. At its core, education is characterized by a preoccupation with the future. Despite the notable lack of agreement concerning the aims of education (e.g., social mobility, personal development, w...

Metaphysicians of Meaning is the first book to challenge the accepted understanding of Russell's On Denoting and Frege's On Sense and Reference . Makin compares the work Russell did shortly before his famous essay "On Denoting" with the essay itself and argues that this comparison shows that the traditional view of the problem Russell was trying to solve is untenable. He then examines Frege's classic essay and argues that some of the less well-known views that Frege held have radical implications (...) for our understanding of this essay. (shrink)

In what follows I try to show that Spinoza modelled his project of rational psychology, in some of its major respects, upon Descartes's metaphysics of matter. I argue further that, like Descartes, who paid for the rationalization of the science of matter the price of having to leave out of his description non-quantifiable qualities, so Spinoza left out of his psychology the non-rationalizable aspects of emotions, i.e. whatever in them could not be subsumed under common notions. He therefore was left (...) with the cognitive aspects of emotions, keeping outside of his report the inner feeling which accompanies them. Spinoza's psychology, I claim, disregards any non-cognitive aspect of emotions. (shrink)

Nihilism, for Nietzsche, is the nothing that results from the devaluation of the highest values. There is widespread agreement with Nietzsche’s claim that the apostle Paul was the great devaluer of the values of the ancient world, even to the extent of breaking the history of the world in two. Yet the mode of Paul’s devaluating nihilism is contested. Using Nietzsche’s three types of nihilist, I frame this debate over Paul as giving us, respectively, Paul the reactive nihilist, Paul the (...) active nihilist and Paul the overman. I then read Agamben’s messianic Paul as a way to avoid the problem of nihilism tout court, which the two earlier accounts, despite releasing Paul from Nietzsche’s charge of passive nihilism, do not. I finish by arguing that while Agamben’s construction of the Pauline messianic vocation does indeed break with Nietzsche’s categories of nihilism, nihilism remains necessary to a genealogy of both Paul’s and Agamben’s messianism. (shrink)

When a person acts from ignorance, he is culpable for his action only if he is culpable for the ignorance from which he acts. The paper defends the view that this principle holds, not just for actions done from ordinary factual ignorance, but also for actions done from moral ignorance. The question is raised whether the principle extends to action done from ignorance about what one has most reason to do. It is tentatively proposed that the principle holds in full (...) generality. (shrink)

The question of nihilism is always a question of truth. It is a crisis of truth that causes the experience of the nothingness of existence. What elevated truth to this existential position? The answer is: philosophy. The philosophical will to truth opens the door to nihilism, since it both makes identifying truth the utmost aim and yet continually calls it into question. Baker develops the central insight that the crises of truth and of existence, or 'loss of world', that occur (...) within nihilistic thought are inseparable, in a wide-ranging study from antiquity to the present, from ancient Cynics, St Paul, Nietzsche, Heidegger, Foucault, Agamben, and Badiou. Baker contends that since nihilism is always a question of the relation to the world occasioned by the philosophical will to truth, an answer to nihilism must be able to propose a new understanding of truth. (shrink)

The ethics of hospitality – the welcome of the foreigner – is implied in all moral debate in international relations ranging from questions of asylum to those of humanitarian intervention. Why then has there been so little reflection on hospitality in the study of international relations to date? Seeking to correct this striking omission, and making an important and original contribution to debates about ethics in international relations in the process, Baker outlines a theory of cosmopolitanism as hospitality which goes (...) beyond existing cosmopolitanisms. He argues that we must understand cosmopolitanism not as the pursuit of a world in which there are no more foreigners but as the welcome of the foreigner. However, though hospitality calls for a welcome, there is always a decision on the welcome to be made. Cosmopolitanism as hospitality is therefore always as much a politics as it is an ethics. Addressing issues of central concern for those who seek to understand our obligations to strangers, this book will be of interest to students and scholars of international relations, security studies, ethics, and political and international theory. (shrink)

The paper examines the conditions under which we are responsible for actions performed under duress, focusing on a real case in which a soldier was compelled at gunpoint to participate in the massacre of civilian prisoners. The case stands for a class of cases in which the compelled act is neither clearly justified nor clearly excused on grounds of temporary incapacity, but in which it is nonetheless plausible that the agent is not morally blameworthy. The theoretical challenge is to identify (...) the excuse in such cases and to explain its basis. The paper argues that when mortal duress excuses in cases of this sort, it does so because the compelled act, though impermissible and freely chosen, nonetheless fails to manifest ‘an insufficiently good will’. The argument depends on a potentially controversial thesis in the ethics of concern, namely, that a thoroughly decent moral agent—someone who cares enough about morality and the values that underlie it—will not always be moved to do what he knows he ought to do. (shrink)

It is widely supposed that every entity falls into one of twocategories: Some are concrete; the rest abstract. The distinction issupposed to be of fundamental significance for metaphysics andepistemology. This article surveys a number of recent attempts to sayhow it should be drawn.

In this stimulating investigation, Gideon Freudenthal has linked social history with the history of science by formulating an interesting proposal: that the supposed influence of social theory may be seen as actual through its co herence with the process of formation of physical concepts. The reinterpre tation of the development of science in the seventeenth century, now widely influential, receives at Freudenthal's hand its most persuasive statement, most significantly because of his attention to the theoretical form which is charac (...) teristic. of classical Newtonian mechanics. He pursues the sources of the parallels that may be noted between that mechanics and the dominant philosophical systems and social theories of the time; and in a fascinating development Freudenthal shows how a quite precise method - as he descriptively labels it, the 'analytic-synthetic method' - which underlay the Newtonian form of theoretical argument, was due to certain interpretive premisses concerning particle mechanics. If he is right, these depend upon a particular stage of con ceptual achievement in the theories of both society and nature; further, that the conceptual was generalized philosophically; but, strikingly, Freudenthal shows that this concept-formation itself was linked to the specific social relations of the times of Newton and Hobbes. (shrink)

Descartes is well known as a mathematician and natural philosopher. However, none of Descartes's biographers has described the invitation he received in 1633 to fill a chair in theoretical medicine at the University of Bologna, or the fact that he was already sufficiently known and respected for his medical knowledge that the invitation came four years before his first publication. In this note I authenticate and contextualize this event, which I refer to as the ‘Bologna affair’. I transcribe the letter (...) written to the Bolognese Senate announcing efforts to bring Descartes to the university and explain the events that led to Descartes receiving the invitation. While many questions about the Bologna affair cannot be answered because of the paucity of the historical record, I conclude that the event invites us to consider again the larger historiographical issue of how best to integrate the history of medicine with the history of science and philosophy during the early modern period. (shrink)

This chapter contains sections titled: 1 A Question about Composition 2 Some Answers 3 How Shall We Decide? 4 Common Sense and Unrestricted Composition 5 Common Sense and Compositional Nihilism 6 Compositional Nihilism and the Self 7 The Appeal to Science 8 Problem or Pseudoproblem? What To Do?

The luck egalitarian view famously maintains that inequalities in individuals’ circumstances are unfair or unjust, whereas inequalities traceable to individuals’ own responsible choices are fair or just. On this basis, the distinction between so-called brute luck and option luck has been seen as central to luck egalitarianism. Luck egalitarianism is interpreted, by advocates and opponents alike, as a view that condemns inequalities in brute luck but permits inequalities in option luck. It is also thought to be expressed in terms of (...) the view that no individual ought to be worse off other than because of a fault or choice of his or her own. I argue that these two characterizations of luck egalitarianism are not equivalent and that, properly understood, luck egalitarianism is compatible with widespread, potentially radical, inequalities in brute luck. (shrink)

We develop an approach to automatically identify the most probable multiword constructions used in children’s utterances, given syntactically annotated utterances from the Brown corpus of CHILDES. The found constructions cover many interesting linguistic phenomena from the language acquisition literature and show a progression from very concrete toward abstract constructions. We show quantitatively that for all children of the Brown corpus grammatical abstraction, defined as the relative number of variable slots in the productive units of their grammar, increases globally with age.

As part of the preparations to establish a population-based biobank in a large Israeli health organization, we aimed to investigate through focus groups the knowledge, perceptions and attitudes of insured Israelis, toward biobanking, and then, after input from focus groups’ participants, to empirically assess the impact of a revised recruitment process on recruitment rates. 1) Six Focus group discussions were conducted with individuals who had routine blood laboratory tests taken in the last 2 years. 2) After addressing the issues raised (...) in the focus groups and revising the recruitment process, individuals undergoing routine blood tests in phlebotomy clinics were invited to participate in the future biobank. Six Focus group discussions were conducted with individuals who had routine blood laboratory tests taken in the last 2 years. After addressing the issues raised in the focus groups and revising the recruitment process, individuals undergoing routine blood tests in phlebotomy clinics were invited to participate in the future biobank. At the outset of the focus groups there was an overall positive response to the prospect of a population-based biobank. Concerns revolved around infringement on privacy, fears of the “big brother”, and anxiety about inequality. Reaction to the language of the informed consent document revolved around concerns over ability to maintain anonymity, to withdraw consent, involvement of commercial entities, and the general tenor of the informed consent, which was perceived as legalistic and unilateral. In general, the longer participants were exposed to discussion about the biobank, the less likely they were to consent to sign in. Overall, only 20% of the 60 participants stated they would agree to sign in by the end of the 2 hour group session. The feedback obtained from the focus groups was used in the second stage of the study. A team of recruiters received extensive training to enable fruitful discussion and a detailed explanation to questions and concerns raised during the recruitment process. During the second stage of the study, after revising the consent form and training recruiters, a 53% consent rate was observed among 10,262 participants, more than 4 fold higher than estimated at the focus group stage. The qualitative focus group research helped identify important perceptions and concerns, which were subsequently addressed in the revised consent form and in the discussion the recruiters had with potential biobank donors. (shrink)

Recruitment of healthy children for drugresearch has emerged due in part to several newAmerican laws and policies that have led to asurge in pharmaceutical research involvingchildren-subjects. In this paper, I review theethical and scientific issues and the argumentsin favor and against this new practice.

This study investigates the literary references to orphans in writings amongst the Qumran texts that were written in Hebrew and can be associated with the sectarian Qumran movement. The study focuses on passages where forms of the word -•-• are used. These include the Damascus Document, Hodayot and Barkhi Nafshiª. The investigation concludes that the references to orphans in these passages do not have the same rhetorical functions. In CD 6, the wordings of authoritative scriptures are adapted to portray orphans (...) and widows as the victims of wrongdoing. In 1QHª and 4Q434, however, orphans are mentioned in hymns that praise the Lord's positive treatment of needy people. (shrink)

Van Fraassen defines constructive empiricism as the view that science aims to produce empirically adequate theories. But this account has been misunderstood. Constructive empiricism in not, as it seems, a description of the intentional features of scientific practice, nor is it a normative prescription for their revision. It is rather a fiction about the practice of science that van Fraassen displays in the interests of a broader empiricism. The paper concludes with a series of arguments designed to show that constructive (...) empiricism so understood is self-undermining. (shrink)

In this paper I address Descartes’ use of analogy in physics. First, I introduce Descartes’ hypothetical reasoning, distinguishing between analogy and hypothesis. Second, I examine in detail Descartes’ use of analogy to both discover causes and add plausibility to his hypotheses—even though not always explicitly stated, Descartes’ practice assumes a unified view of the subject matter of physics as the extension of bodies in terms of their size, shape and the motion of their parts. Third, I present Descartes’ unique “philosophy (...) of analogy”, where the absence of analogy serves as a criterion for falsifying proposed explanations in physics. I conclude by defending Descartes’ philosophy of analogy by appeal to the value scientists assign to simplicity in their explanations. (shrink)

This chapter explores bridge-law non-naturalism: the view that when a particular thing possesses a moral property or stands in a moral relation, this fact is metaphysically grounded in non-normative features of the thing in question together with a general moral law. Any view of this sort faces two challenges, analogous to familiar challenges in the philosophy of science: to specify the form of the explanatory laws, and to say when a fact of that form qualifies as a law. The chapter (...) explores three strategies for answering these questions, all of which maintain that a moral law is a true generalization of the form [It is normatively necessary that whatever ϕ‎s is F]. (shrink)

This book provides an accessible introduction to spiritually-sensitive psychoanalysis, an analytic tradition characterized by sensitivity to the spiritual and religious dimensions of human life and oriented toward spiritual growth. Psychoanalysis has historically evinced severe suspicion to all ideas and ideals of religion and spirit. However, in recent years a new analytic approach is emerging, which recognizes faith and spirituality as crucial parts of a full, satisfying psychic life. This book explores the unique ways in which this approach refers to and (...) understands core analytic issues such as transference, interpretation, psychopathology, and psychic development. It goes on to expound the approach's understanding of the analytic relationship and the way it influences the spiritual person. It also discusses the tensions arising between this emerging school of thought and the existing body of psychoanalytic knowledge. Discussing freely and deeply its spiritual aspects and aspirations will enlighten analysts new to the emerging spiritually-sensitive tradition, as well as those who are more familiar with it, and who are looking for a comprehensive description of this fresh approach to analysis. (shrink)

Jews and Islamic Law in Early 20th-Century Yemen. By Mark S. Wagner. Indiana Series in Sephardi and Mizrahi Studies. Bloomington, IN: Indiana University Press, 2015. Pp. xi + 208. $75 ; $29.