Locke's claims about the "inadequacy" of substance-ideas can only be understood once it is recognized that the "sort" represented by such an idea is not wholly determined by the idea's descriptive content. The key to his compromise between classificatory conventionalism and essentialism is his injunction to "perfect" the abstract ideas that serve as "nominal essences." This injunction promotes the pursuit of collections of perceptible qualities that approach ever closer to singling out things that possess some shared explanatory-level constitution. It is (...) in view of this norm regulating natural-historical inquiry that a substance-idea represents a sort for which some such constitution serves as the "real essence," i.e. as that on which all the sort's characteristic "properties" depend. (shrink)

The concept of Substantial motion (حركت جوهرى) is fundamentally flawed and severely muddled. Aristotle and Mulla Sadra’s conception of motion, substance (جوهر) and substantial form صورت نوعيه)) were all based on a severe misunderstanding of nature as later was established by the scientists and philosophers that came after them. Here, by recalling the established facts of modern science, particularly the universally accepted scientific fact that, properties of objects are reducible to the motion of their electrons and there’s no (...) such thing as ‘substantial form’ much less substance, the author puts an end to a 400-year-old glorious error called ‘substantial motion’. Naturally any attempt to reconcile the paradigms of modern physics with Aristotle/Sadra paradigms of form/matter and substance/accidents, and to try to draw parallel between the two and revive their philosophy would be an exercise in futility. (shrink)

Deflationism is usually thought to differ from the correspondence theory over whether truth is a substantial property. However, I argue that this notion of a ‘substantial property’ is tendentious. I further argue that the Equivalence Schema alone is sufficient to lead to idealism when combined with a pragmatist theory of truth. Deflationism thus has more powerful metaphysical implications than is generally thought and itself amounts to a kind of correspondence theory.

ABSTRACT In this article, I reply to criticisms of Dean Stretton of the pro‐life argument from substantial identity. When the criterion for the right to life proposed by most proponents of the pro‐life position is rightly understood – being a person, a distinct substance of a rational nature – this position does not lead to the difficulties Stretton claims it does.

There is a dispute as to what sort of entity non-substantial individuals are in Aristotle's Categories. The traditional interpretation holds that non-substantial individuals are individual qualities, quantities, etc. For example, Socrates' white is an individual quality belonging to him alone, numerically distinct from (though possibly specifically identical with) other individual colors. I will refer to these sorts of entities as 'individual instances.' The new interpretation1 suggests instead that non-substantial individuals are atomic species such as a specific shade (...) of white that is indivisible into more specific shades. On this view, non-substantial individuals are what we would call universals2 which can be present in different individual substances, but are labelled 'individuals' by Aristotle because, like individual substances, there is nothing they are said of.3 In this paper I will defend the traditional account by attempting to show that it is supported by the slender textual evidence that is available. I will begin by stating three serious objections to the traditional interpretation. Next I will show that in works later than the Categories Aristotle accepted individual instances of properties of the sort found in the Categories by the traditional interpretation. Finally, I will set out the evidence that supports the traditional interpretation and answer the three objections. (shrink)

We investigate the general properties of general Bayesian learning, where “general Bayesian learning” means inferring a state from another that is regarded as evidence, and where the inference is conditionalizing the evidence using the conditional expectation determined by a reference probability measure representing the background subjective degrees of belief of a Bayesian Agent performing the inference. States are linear functionals that encode probability measures by assigning expectation values to random variables via integrating them with respect to the probability measure. If (...) a state can be learned from another this way, then it is said to be Bayes accessible from the evidence. It is shown that the Bayes accessibility relation is reflexive, antisymmetric and non-transitive. If every state is Bayes accessible from some other defined on the same set of random variables, then the set of states is called weakly Bayes connected. It is shown that the set of states is not weakly Bayes connected if the probability space is standard. The set of states is called weakly Bayes connectable if, given any state, the probability space can be extended in such a way that the given state becomes Bayes accessible from some other state in the extended space. It is shown that probability spaces are weakly Bayes connectable. Since conditioning using the theory of conditional expectations includes both Bayes’ rule and Jeffrey conditionalization as special cases, the results presented generalize substantially some results obtained earlier for Jeffrey conditionalization. (shrink)

Everyone working on metaphysical questions about properties or propositions knows the reaction that many non-philosophers, even nonmetaphysicians, have to such questions. Even though they agree that Fido is a dog and thus has the property (or feature or characteristic) of being a dog, it seems weird, suspicious, or confused to them to now ask what that thing, the property of being a dog, is. The same reservations do not carry over to asking what this thing, Fido, is. There (...) is a substantial and legitimate project to find out more about Fido, but is there a similar substantial and legitimate project to find out more about the property of being a dog? Metaphysicians know that there is a straightforward way to motivate such a project, and much of the contemporary debate in the metaphysics of properties is in the ballpark of carrying it out. If we agree that Fido has the property of being a dog, then there is something that is a property and that Fido has. Thus we can ask about what this thing is that he has. How does it relate to Fido? Is it concrete or abstract? Is it fully present in each object that has it? And so on and so forth. Maybe the nonphilosophers are merely not used to asking such questions about unusual entities such as properties, but they are equally legitimate for them as they are for any other thing. However, even metaphysicians sometimes have the nagging feeling that something has gone wrong in the metaphysics of properties, and that a substantial metaphysical investigation into their.. (shrink)

ABSTRACT In ‘The Pro‐Life Argument from Substantial Identity: A Defence’, Patrick Lee argues that the right to life is an essential property of those that possess it. On his view, the right arises from one's ‘basic’ or ‘natural’ capacity for higher mental functions: since human organisms have this capacity essentially, they have a right to life essentially. Lee criticises an alternative view, on which the right to life arises from one's ‘developed’ capacity for higher mental functions (or development (...) of some other accidental property). I argue that his criticisms of this alternative view are misguided or self‐defeating, and that there are good reasons to hold we have a right to life accidentally rather than essentially. (shrink)

We investigate the general properties of general Bayesian learning, where ``general Bayesian learning'' means inferring a state from another that is regarded as evidence, and where the inference is conditionalizing the evidence using the conditional expectation determined by a reference probability measure representing the background subjective degrees of belief of a Bayesian Agent performing the inference. States are linear functionals that encode probability measures by assigning expectation values to random variables via integrating them with respect to the probability measure. If (...) a state can be learned from another this way, then it is said to be Bayes accessible from the evidence. It is shown that the Bayes accessibility relation is reflexive, antisymmetric and non-transitive. If every state is Bayes accessible from some other defined on the same set of random variables, then the set of states is called weakly Bayes connected. It is shown that the set of states is not weakly Bayes connected if the probability space is standard. The set of states is called weakly Bayes connectable if, given any state, the probability space can be extended in such a way that the given state becomes Bayes accessible from some other state in the extended space. It is shown that probability spaces are weakly Bayes connectable. Since conditioning using the theory of conditional expectations includes both Bayes' rule and Jeffrey conditionalization as special cases, the results presented generalize substantially some results obtained earlier for Jeffrey conditionalization. (shrink)

According to the experience property framework qualia are properties of experiences the subject undergoing the experience is aware of. A phenomenological argument against this framework is developed and a few mistakes invited by the framework are described. An alternative to the framework, the framework of experiential properties is presented and defended as preferable. It is argued that the choice between these two frameworks makes a substantial difference for theoretical purposes.

Quine’s most important charge against second-, and more generally, higher-order logic is that it carries massive existential commitments. The force of this charge does not depend upon Quine’s questionable assimilation of second-order logic to set theory. Even if we take second-order variables to range over properties, rather than sets, the charge remains in force, as long as properties are individuated purely extensionally. I argue that if we interpret them as ranging over properties more reasonably construed, in accordance with an abundant (...) or deflationary conception, Quine’s charge can be resisted. This interpretation need not be seen as precluding the use of model-theoretic semantics for second-order languages; but it will preclude the use of the standard semantics, along with the more general Henkin semantics, of which it is a special case. To that extent, the approach I recommend has revisionary implications which some may find unpalatable; it is, however, compatible with the quite different special case in which the second-order variables are taken to range over definable subsets of the first-order domain, and with respect to such a semantics, some important metalogical results obtainable under the standard semantics may still be obtained. In my final section, I discuss the relations between second-order logic, interpreted as I recommend, and a strong version of schematic ancestral logic promoted in recent work by Richard Heck. I argue that while there is an interpretation on which Heck’s logic can be contrasted with second-order logic as standardly interpreted, when it is so interpreted, its differences from the more modest form of second-order logic I advocate are much less substantial, and may be largely presentational. (shrink)

The paper pinpoints certain unrecognized difficulties that surface for recombination and duplication in modal realism when we ask whether the following inter-world fixity claims hold true: 1) A property is perfectly natural in a world iff it is perfectly natural in every world where it is instantiated; 2) Something is mereologically atomic in a world iff all of its duplicates in every world are atomic. In connection to 1), the hypothesis of idlers prompts four variants of Lewis’s doctrine of (...) perfectly natural properties, all deemed unsatisfactory for the purposes of duplication and recombination. By means of 2), instead, we show that the principle of recombination does not countenance the atomicity or non-atomicity of duplicates; but it should, because it is genuinely possible that: a) something, which is atomic, is non-atomic; and b) something, which is non-atomic, is atomic. In discussing 1) and 2), the paper substantiates a tension in Lewis’s metaphysics between modal intuitions and the reliance on the natural sciences. (shrink)

There is a debate about whether particular properties are for Aristotle non-recurrent and trope-like individuals or recurrent universals. I argue that Physics I.7 provides evidence that he took non-substantial particulars to be neither; they are instead non-recurrent modes. Physics I.7 also helps show why this matters. Particular properties must be individual modes in order for Aristotle to preserve three key philosophical commitments: that objects of ordinary experience are primary substances, that primary substances undergo genuine change, and that primary substances (...) are ontologically fundamental. (shrink)

Is a statue identical with the lump of bronze that makes it up? This question is discussed in the light of claims that statues and lumps possess distinct ‘modal properties’ and so could not be identical. Progress is possible if we replace the initial question with the question: what is the truth maker for the statement that this is a statue?

Although Thomas Aquinas assumes that all knowledge begins in the senses, he maintains that substantial forms and the essences of material things are not apparent to the senses. Clearly, the noetic of abstraction per se cannot account for our knowledge of them. Thomas often says that they are “unknown in themselves” but “become known” through their accidents. The author argues that properties, or proper accidents — namely, accidents that are interconvertible with a subject — play a crucial role in (...) this obscure area of Thomas’s thought. Beginning with an examination of the property in logic , the author goes on to examine Thomas’s accounts of heat as a property of fire, and the powers of the soul as properties of its essence. Thomas maintains that such properties flow from the essence by a causal relation that he calls resultatio, but that their coexistence with the essence is absolutely necessary in a quasi-logical manner . Finally, the author suggests that in Thomas’s view, accidents really do make the hidden quiddities of their subjects known: knowing created things through their accidents is not at all like knowing God through creatures. (shrink)

No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment (...) of zones of autonomy. Such commitments have clear applications pertaining to the use and ownership of created ideas. I argue that each of these commitments require intellectual property rights to be substantially limited in scope, strength and duration. In this way the core mechanisms of natural rights thinking ensure a robust public domain and categorically rule out strong intellectual property rights. (shrink)

Using electromagnetic levitation in combination with the oscillating drop technique and drop calorimeter method, the surface tensions and specific heats of undercooled liquid Co-10 wt% Mo, Co-26.3 wt% Mo, and Co-37.6 wt% Mo alloys were measured. The containerless state during levitation produces substantial undercoolings up to 223 K , 213 K and 110 K respectively for these three alloys. In their respective undercooling ranges, the surface tensions were determined to be 1895 m 0.31, 1932 m 0.33, and 1989 m (...) 0.34 mN m m 1 . According to the Butler equation, the surface tensions of these three Co-Mo alloys were also calculated, and the results agree well with the experimental data. The specific heats of these three alloys are determined to be 41.85, 43.75 and 44.92 J mol m 1 K m 1 . Based on the determined surface tensions and specific heats, the changes in thermodynamics functions such as enthalpy, entropy and Gibbs free energy are predicted. Furthermore, the crystal nucleation, dendrite growth and Marangoni convection of undercooled Co-Mo alloys are investigated in the light of these measured thermophysical properties. (shrink)

In this essay I distinguish between a synchronic view of base property exemplification and a diachronic one. I argue that only a diachronic view of base property exemplification can substantiate a ban on morally mixed worlds. I then argue that one of Robert Mabrito’s recent criticisms of Russ Shafer-Landau’s moral realism fails on either a synchronic or a diachronic view.

In Morals by Agreement David Gauthier proposes four criteria for classifying a society's advancement toward ‘higher stages of human development.' Significantly, these criteria — material well-being, breadth of opportunity, average life-span, and density of population — do not include as an equally valuable achievement the society's capacity to sustain its standard of living. Nonetheless Gauthier presents three arguments intended to show that a community founded on his distributive theory will view depletionary resource policies as unreasonable and unacceptable. I shall contend (...) that these arguments do not succeed in motivating sustainable rates of resource exploitation. Furthermore, I argue that if truly just and rational resource use policies can be arrived at, such policies could only succeed by employing a conception of property rights substantially different from Gauthier's. (shrink)

In the education context, The Motivational Strategies for Learning Questionnaire is extensively used in assessing self-regulated learning strategies. However, more research is needed to address whether it is applicable for distance education. The exploratory and confirmatory factor analysis were used to test the Chinese version of the Motivated Strategies for Learning Questionnaire part-B for distance learning using two samples totalling 385 participants. This paper substantiates MSLQ-B-DL's criterion-related, convergent, and factorial validity, as well as its internal consistency, in China. Specifically, the (...) concurrent validity of the MSLQ-B-DL was shown from three aspects: the negative correlation of MSLQ-B-DL with trait procrastination; the positive correlation of MSLQ-B-DL with self-control; and the positive correlation of MSLQ-B-DL with instrumental help-seeking and the former's negative correlation with help-seeking avoidance and executive help-seeking. Finally, this study highlights the MSLQ-B-DL's validity and reliability in evaluating the learning strategies in adult distance education in China. (shrink)

In this article, I set out a theoretical framework for analyzing fictional copyright protection of fictional characters in literature. Using this framework, I argue that the two most prominent approaches that U.S. courts have adopted with respect to fictional character copyright (the Nichols test and the Sam Spade “Story Being Told” test) are unsustainable. The idea of distinct delineation that came out of Nichols may be understood in two ways: on one view, fictional characters are distinctly delineated if they deviate (...) from a literary type. On the other view, they are distinctly delineated if they are attributed a sufficient number of properties in the fictions where they appear. Both views succumb to serious objections, while the test in Sam Spade is no better. The failure of the two judicial tests suggests that, instead of asking questions about fictional character copyrightability, courts should instead focus on the substantial similarity question. In the last part of the paper, I draw a distinction between two types of fictional character copyright infringement cases (transformations and transfers), and suggest that a Nichols-type substantial similarity analysis is all that is required in transformation situations. Although the focus of this article is U.S. law, the issues discussed and the analyses proposed may prove helpful in addressing fictional copyright in other jurisdictions as well. (shrink)

I consider a grand, yet neglected proposal put forward by Shoemaker—a functionalist theory of all properties. I argue that two possible ways of developing this proposal meet with substantial objections. However, if we are prepared to endorse an ontology of tropes, one of these functionalist analyses can be developed into an original and informative theory of properties.

Libertarians often assume that a free society will be one in which all (or nearly all) property is private. I have previously expressed my dissent from this consensus, arguing that libertarian principles instead support a substantial role for public property. (" In Defense of Public Space ," Formulations, Vol. III, No. 3 (Spring 1996).) In this article I develop this heretical position further.

Much of today’s international trade is conducted according to trade agreements that involve substantial and uniform protections of intellectual property rights. Intellectual property rights are a socio‐economic tool that create a temporary monopoly for inventor firms and enable such firms to charge prices for their innovations that are many times higher than the marginal cost of production of the innovations. This allows the inventor firms to salvage their research‐costs and secure a profit on their innovations. A large (...) body of contemporary philosophical and interdisciplinary literature suggests that intellectual property rights give rise to a number of ethical problems. This review paper seeks to give an overview of what these problems are. It also offers an outline of proposals as to how these problems might be alleviated, and it briefly explains the two classical defenses of the ethical permissibility of intellectual property rights. The ethical issues surrounding intellectual property rights are most pertinent when it is socially valuable goods that are given intellectual property protection. The discussions in this paper revolve around just one product type in order to bring out the broader ethical issues surrounding intellectual property rights. In line with much contemporary literature on the ethical dimensions of intellectual property rights, the product type in question is life‐saving medicines. (shrink)

Leibniz argued that in natural world, only intra-substantial or immanent causation is possible— the causation that takes place within an individual, when an individual brings about a change in itself. In this dissertation, I address issues arising from Leibniz’s arguments against the rival view that posits a world of causally interacting substances and issues pertaining to Leibniz’s own positive metaphysics of immanent causation and change. -/- Chapter 1 is devoted to stage setting for the remainder of the dissertation. I (...) first offer a historically informed overview of efficient causation and change before introducing Leibniz’s novel views, including his criticisms of competing accounts and his own positive account. After presenting a detailed roadmap of my project, I articulate the idealistic interpretation of Leibniz assumed in this dissertation, where the only genuine substances are simple monads. Finally, I articulate the methodological approaches I employ. -/- In Chapters 2 and 3, I reconstruct and assess Leibniz’s most frequent argument against transeunt causation (the causation that occurs when a substance produces a property in a numerically distinct substance), what I call the “Transference Argument.” Leibniz argued that a created substance’s causing an accident in a numerically distinct substance is possible only if the agent transfers the accident from itself to the patient, where upon transference the agent no longer possesses the accident it transferred. Call the transeunt causal requirement that the agent transfer the accident produced from itself to the patient the “Transference Condition.” -/- Chapter 2 is devoted to two problems with Leibniz’s transference condition. First, Leibniz stated the transference condition throughout his career, but offered little argument for it. Second, God is a transeunt cause in Leibniz’s metaphysics yet God’s causation does not consist in transference. Thus, Leibniz needs a principled way to require transference for creaturely causation while denying that divine transeunt causation consists in transference. Finally, I close off chapter 2 by drawing attention to an important weakness with the transference condition that has not yet been recognized by Leibniz scholars. -/- In Chapter 3, I argue that there is nothing in Leibniz’s ontology that could be transferred from the cause to the recipient of the effect. I first argue that Leibniz’s ontology consists of simple non-corporeal substances and their modifications. Second, I present and articulate a number of important theses Leibniz affirmed about substances and their modifications, which entail that neither could be transferred. I also show that most of these theses were not unique to Leibniz, but were in fact widely endorsed by his predecessors who defended the possibility of creaturely transeunt causation. -/- In chapter 4, I continue the study of the nature of Leibnizian accidents, shifting the focus from their role in Leibniz’s critique of creaturely transeunt causation to their positive role in change and as causal relata, where such accidents are the effects of immanent causation. I shall argue that Leibniz’s thesis that accidents are modifications or limitations allowed him to posit mereologically simple substance that have a multitude of accidents at a time and change accidents over time. -/- In Chapter 5, I address an issue that has divided Leibniz scholars concerning the precise relata in Leibnizian immanent efficient causation. In many passages, Leibniz writes as if it is the substance or individual itself that efficiently causes its later properties or accidents. Call this the “Efficacious-substance” account. The efficacious-substance account is difficult to reconcile with Leibniz’s requirements that change be intelligible and deterministic. In plenty of other passages, he writes as if it is the substances earlier properties or accidents that cause its later accidents. Call this the “Efficacious-accident” account. The efficacious-accident account explains how change is intelligible and deterministic but it faces a “plurality of agents” objection. If a substance’s accidents are the efficient causes of later accidents, then prima facie there is a plurality of efficient causal agents in a substance. This view is incompatible with Leibniz’s requirement that substances be simple, unified entities. -/- Drawing upon a Scholastic distinction made between two kinds of efficient causes— principle quod efficient causes and principle quo efficient causes, I shall argue that for Leibniz, substances are principle quod efficient causes and their appetitions are principle quo efficient causes. This interpretation combines the strengths of the Efficacious-substance and Efficacious-accident accounts while overcoming their weaknesses. There is just one causal agent, the substance, but change is both intelligible and deterministic because as what an agent produces is explained by its appetitions. (shrink)

This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to (...) damages compensation and the calculation of criterions thereof as well as functional legal protection of trademarks. It should be noted that Article 23(1) of the Constitution of the Republic of Lithuania has extended protection to property and, as the Constitutional Court of the Republic of Lithuania has noted, the constitutional protection of property covers not only the protection of tangible, but also of intellectual property. In the same judgment, the Constitutional Court stated another important intellectual property related rule, namely that constitutionally established property protection rights have to be implemented regardless of whether a corresponding international treaty has not been ratified, as protection of authors’ rights is granted under Articles 23 and 42(3) of the Constitution of the Republic of Lithuania. However, the second position stating that the rights of foreign subjects are to be implemented even though a corresponding international treaty has not been signed is to be criticised as by coming to such a conclusion the Constitutional Court has ignored the otherwise generally recognised principle of territoriality of intellectual property rights. In two other cases the Constitutional Court has made important statements relevant to intellectual property law. First of all, the Court stated that compensation instead of claiming actual damages is constitutional. By analysing the positions formulated by the Court, an indirect conclusion can be made to the effect that compensation instead of claiming actual damages is necessary in order to ensure effective protection of intellectual property rights. In other words, the purposes of compensation can be recognised: restoring (compensating) the infringed interests of the injured party; simplifying judicial proceedings, whereby faster proceedings (litigation) and easier substantiation is sought; and the preventive purpose (strong preventive effect). However, the Court’s argument regarding the criterion of compensation calculation, saying that the damages incurred by the intellectual property rights owner depend on the sale value of the product concerned is criticisable, as it is rarely the case that the licence fee or profit acquired in the result of unauthorised use of intellectual property objects is calculated with reference to the final sale price of the product. Notwithstanding the arguably weak argument of the Court, the Court’s position regarding the criterion of final sale price itself does not preclude the possibility of reaching a fair final decision. Finally, the Court acknowledged that trademark protection was limited to the economic functions of the trademark and the full protection thereof. (shrink)

Contemporary philosophical logic rests on a distinction between things and properties. Properties are thought to differ from things in that their proper expression is incomplete or unsaturated. In this paper, I will argue that Aristotle did not distinguish between things and properties in this way. I will show, first, that Aristotle’s essences are not properties, and that certain passages in Aristotle make sense only if we do not take accidents to be properties either. The notion of a property is (...) thus not fundamental in Aristotle’s theory of predication. Aristotle’s predicate terms do not stand for properties but for non-substantial things. Second, I will explain and explore the distinction between substances and non-substantial things. This will yield a viable alternative to our contemporary, Fregean account of predication. (shrink)

An unknown process is generating a sequence of symbols, drawn from an alphabet, A. Given an initial segment of the sequence, how can one predict the next symbol? Ray Solomonoff’s theory of inductive reasoning rests on the idea that a useful estimate of a sequence’s true probability of being outputted by the unknown process is provided by its algorithmic probability (its probability of being outputted by a species of probabilistic Turing machine). However algorithmic probability is a “semimeasure”: i.e., the sum, (...) over all x∈A, of the conditional algorithmic probabilities of the next symbol being x, may be less than 1. Prevailing wisdom has it that algorithmic probability must be normalized, to eradicate this semimeasure property, before it can yield acceptable probability estimates. This paper argues, to the contrary, that the semimeasure property contributes substantially to the power and scope of an algorithmic-probability-based theory of induction, and that normalization is unnecessary. (shrink)

Both community and property are, each in its own way, exclusionary concepts. Property — certainly private property — is defined in large part by a right of exclusion. And although "community" sounds like a warm, inclusive word, real-world communities often define themselves by reference to an array of excluded "others" and erect fences and patrol borders to keep these others out. Enthusiasm for these exclusions is made to seem legitimate by the thought that those excluded from my (...) property probably have somewhere else of their own to go to, and those excluded from our community probably also have a community of their own to live in. In fact, neither proposition is entirely justified. We know that in most economically developed countries there are large numbers of people who live as transients and are not welcome or rooted in any community. Their only places of refuge are the substantial patches of public property which society maintains for everyone’s use. But public places are not themselves unregulated, and often they are regulated according to norms of community and in response to communitarian pressures. If these communities are themselves exclusive in character, they tend to reproduce at the public property level the exclusions that manifest themselves at the private property level. This Article attempts to chart and analyze the deadly combination of exclusive community and exclusive property that these modes of regulation represent. (shrink)

Purpose of this article is to tell foreign readers about novels made in Russian intellectual property law in 2014. As is known modern Russian revolution in the field of intellectual property legislation occurred January 1, 2008 when Russian intellectual property legislation was codified, included in the text of part fourth of the Civil Code of the Russian Federation. Part fourth of the Russian CC entered into force on January 1, 2008. At the same day seven sectoral intellectual (...) property laws were repealed. Second Revolution in this field took place during 2014: Federal law №35-FZ, 2014, substantially amending the Fourth part on the CC, entered into force on October the 1st of 2014. Scientific aim: The essence and evaluation of these amendments is the subject matter of this paper. Methods: The research is based on the analysis of the new amendments and articles added to the part fourth of the CC. Findings: Codification of the sectoral legislation en bloc in CC is a unique phenomenon. The author believes that such a construction of intellectual property law was made correctly and at the proper time. Factually the Federal Law №35-FZ is the eleventh law amending the text of the part fourth of the CC. But all previous amendments were small and not substantial. As far as amendments introduced by the law №35-FZ are concerned, they are numerous and very, very substantial. Before entering into force of the law №35-FZ, the Part fourth of the CC contained 328 articles. The law 35-FZ amends 169 articles of it and adds seven new articles. I am convinced that the law is a rather big step towards building a modern system of intellectual property legislation in Russia. Conclusions: More than 150 amendments were introduced by the law №35-FZ. Author estimates about 80% of them as positive and about 20% as negative and erroneous. These amendments do not contradict the international intellectual property agreements signed by the Russian Federation. Generally their purpose is to enhance and clarify the Russian intellectual property legislation and to narrow the gap between Russian and European intellectual property laws. The author of this article deals with intellectual property laws more than 50 years on. This paper is a short English version of various articles on this topic published in Russian, in journals: «The business and the law» and «The patents and licenses». (shrink)

This article surveys the early history of printing in colonial Bengal, in particular the rise of the indigenous book trade in the Battala area of Calcutta. The article argues that the likes of Gangakishore Bhattacharya and Bhabanicharan Bandyopadhyay were among the first to attempt to socialize the printed book, leading to the rise of a substantial interpretive community by the middle of the 19th century. At the same time, traces of manuscript book practice lingered in the printed book, especially (...) in the disposition of the title-page and other paratextual apparatus. This article scrutinizes the interface between the manuscript and the printed books, and asks how the conceptions of intellectual property, authorship and entailment evolved within the ambit of the popular book trade. By looking at a number of title-pages from the period, the article tries to examine the relationship between intellectual property and the rise of the popular. (shrink)

In the world there are concrete particulars that exhibit the kind of substantial unity that allows them to be called substances or “natural individuals”, as opposed to artifacts or mere conglomerates. Persons, animals, and possibly the most fundamental physical simples are all natural individuals. What gives these entities the ontological status of a substantial unity? Arguments from the philosophy of mind and arguments from general metaphysics show that physical properties alone cannot account for substantial unity. The ultimate (...) intrinsic properties of natural individuals resemble phenomenal mental properties rather than any other kind of known properties. Pan(proto-)psychism is thus supported by systematically related arguments from different areas of philosophical inquiry. A certain amount of skepticism regarding the full nature of absolutely intrinsic properties is nevertheless well-advised. (shrink)

Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. (...) Owing to such occurrences, the issue of ‘property’ is now one of the biggest concerns of the state and the society, giving adequate reasons to question or dispute illusionary human rights discourse on property. In India, the harsh reality of land acquisition in the exercise of the power of eminent domain has reduced property to a mere political construct. The conflicts over acquisition and subsequent social exclusion have begun to expand their ambit and have taken over the streets, courtrooms, and public spaces. This paper attempts to put forth substantial arguments to satisfy that a human rights discourse on the property is either faulty or ignorant of reality, if devoid of context. Also, theorizing on property rights does not suffice as a standard for reasonable reforms in state policy vis-à-vis property. -/- . (shrink)

The evolution of microstructure upon partial crystallization and its influence on the mechanical properties such as hardness, elastic modulus and viscosity in a La 55 Al 25 Cu 10 Ni 5 Co 5 bulk metallic glass alloy are studied. Specimens with various volume fractions of crystalline phases were obtained by annealing the as-cast amorphous alloy above its glass transition temperature and were characterized by transmission electron microscopy. Microscopic examination of the heat-treated samples shows short-range-ordered domains prior to nanocrystallization within the (...) amorphous matrix, followed by the growth and impingement of the crystallites. Whereas the hardness of the annealed samples increases linearly with increasing crystallinity, the elastic modulus and the viscosity both increase abruptly when the crystalline volume fraction is about 40 vol.%, with a only minor variation on either side of this range. The sudden rises in the modulus and viscosity are similar to those in the literature data on the fracture strength of partially crystallized bulk amorphous alloys that shows a steep drop in strength at 30-50 vol.% crystallinity. On the basis of the microscopic observations, it is suggested that the interaction and formation of rigid networks of crystalline phases upon the attainment of a critical second-phase volume fraction may be the possible reason for the sudden change in mechanical properties. Percolation theory is utilized in further substantiating this hypothesis. (shrink)

IntroductionThe National Institute for Health and Care Excellence guidelines acknowledge the importance of the parent–infant relationship for child development but highlight the need for further research to establish reliable tools for assessment, particularly for parents of children under 1 year. This study explores the acceptability and psychometric properties of a co-developed tool, ‘Me and My Baby’.Study designA cross-sectional design was applied. The MaMB was administered universally with mothers during routine 6–8-week Health Visitor contacts. The sample comprised 467 mothers. Dimensionality of (...) instrument responses were evaluated via exploratory and confirmatory ordinal factor analyses. Item response modeling was conducted via a Rasch calibration to evaluate how the tool conformed to principles of ‘fundamental measurement’. Tool acceptability was evaluated via completion rates and comparing ‘completers’ and ‘non-completers’ demographic differences on age, parity, ethnicity, and English as an additional language. Free-text comments were summarized. Data sharing agreements and data management were compliant with the General Data Protection Regulation, and University of York data management policies.ResultsHigh completion rates suggested the MaMB was acceptable. Psychometric analyses showed the response data to be an excellent fit to a unidimensional confirmatory factor analytic model. All items loaded statistically significantly and substantially on a single underlying factor. The item response modeling showed that most MaMB items fitted the Rasch model. item reliability was high yet the test yielded little information on each respondent, as highlighted by the relatively low ‘person separation index’ of 0.1.Conclusion and next stepsMaMB reliably measures a single construct, likely to be infant bonding. However, further validation work is needed, preferably with ‘enriched population samples’ to include higher-need/risk families. The MaMB tool may benefit from reduced response categories and some modest item wording amendments. Following further validation and reliability appraisal the MaMB may ultimately be used with fathers/other primary caregivers and be potentially useful in research, universal health settings as part of a referral pathway, and clinical practice, to identify dyads in need of additional support/interventions. (shrink)

Defenders of strong Intellectual Property rights or of a nonutilitarian basis for those rights often turn to Locke for support.1 Perhaps because of a general belief that Locke is an advocate of all things proprietary, this move seldom receives careful scrutiny. That is unfortunate for two reasons. First, as I will argue, Locke does not issue a blank check in support of all property regimes, and the application of his reasoning to intellectual property would actually tend to (...) favor a substantially limited rights regime. Second, the attempt to understand intellectual property as an instance of Lockean property, though admittedly anachronistic, offers an opportunity to further our understanding of Locke's own thought. My major claim will be twofold: on the one hand, intellectual property would be an almost paradigmatic case of Lockean property; on the other hand, Locke's provisos—specifically the widely neglected spoilage proviso—would sharply limit the scope of any entitlements. My secondary claim will accordingly be that the spoilage proviso's neglect is undeserved, and that it deserves a more central place in our understanding of Locke. I will not here address whether Locke provides the right way to think about property, whether IP is a good idea, or whether property rights ought to include a right to destroy; my concern is to elucidate Locke's arguments and then to block this application of them. (shrink)

ABSTRACT. This essay addresses the interpretation of Descartes’ understanding of the mind-body relationship as a substantial union in light of a statement he makes in the Passions de l’âme regarding the role of the blood and vital heat. Here, it seems Descartes cites these corporeal properties as the essential dispositions responsible for accommodating the soul into the human fetus. I argue that this statement should be read in the context of certain medical texts with which Descartes was familiar, namely (...) those of Jean Fernel and William Harvey. Reviewing Fernel’s comments on substantial union, one finds that the soul joins the body on the basis of a celestial spirit that not only bears the vital heat, it also directs the generation of the body. Similar to Harvey, Descartes locates these properties in the blood itself, although, in contrast to Harvey, Descartes reduces these processes to matter and motion. Finally, I highlight the role this heat plays in Descartes’ embryological writing, contrasting it with that of Fernel. I conclude that although Descartes makes various comments supporting a reading of the mind-body relation as a substantial union, his physiological writings on generation and his idea of ‘life’ contradict this interpretation. -/- . (shrink)

State ownership, worker ownership, and household ownership are the three main forms in which productive assets (firms) can be held. I argue that worker ownership is not wise in economies with high capital-labor ratios, for it forces the worker to concentrate all her assets in one firm. I review the coupon economy that I proposed in 1994, and express reservations that it could work: greedy people would be able to circumvent its purpose of preventing the concentration of corporate wealth. Although (...) extremely high corporate salaries are the norm today, I argue these are competitive and market determined, a consequence of the gargantuan size of firms. It would, however, be possible to tax such salaries at high rates, because the labor - supply response would be small. The social-democratic model remains the best one, to date, for producing a relatively egalitarian outcome, and it relies on solidarity, redistribution, and private ownership of firms. Whether a solidaristic social ethos can develop without a conflagration, such as the second world war, which not only united populations in the war effort, but also wiped out substantial middle-class wealth in Europe - thus engendering the post-war movement towards social - insurance is an open question. (shrink)

The negotiations of the intergovernmental group known as the ‘IGWG’, undertaken by the Member States of the WHO, were the result of a deadlock in the World Health Assembly held in 2006 where the Member States of the WHO were unable to reach an agreement on what to do with the 60 recommendations in the report on ‘Public Health, Innovation and Intellectual Property Rights submitted to the Assembly in the same year by a group of experts designated by the (...) Director General of the WHO. The result of these negotiations was the ‘Global strategy and plan of action on public health, innovation and intellectual property’ which was approved by the World Health Assembly in 2008. The intention of the Global Strategy and Plan of Action (GSPOA) which was produced by the IGWG was to substantially reform the pharmaceuticals' research and development system in view of the findings that this system, whose purpose is to produce medicines for diseases which affect the greater part of the world population which lives in developing countries, had failed. The intellectual property rights imposed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the recent trade agreements could become one of the main obstacles to access to medicines. The GSPOA makes a critical analysis of this reality, and opens the door to searching for new solutions to this problem. (shrink)

A recent discussion on cognitive enhancers has caused some controversy in the ethics and neuroscience fields by coming out in favour of making neuropharmaceuticals with enhancing properties available for general consumption. We highlight in this brief commentary why concerns regarding efficacy and safety, demands on resources, and public health are substantive enough to warrant serious reconsideration before pharmaceutical performance enhancement can be widely supported.

ABSTRACT Lee claims that foetuses and adult humans are phases of the same identical substance, and thus have the same moral status because: first, foetuses and adults are the same physical organism, and second, the development from foetus to adult is quantitative and thus not a change of substance. Versus the first argument, I contend that the fact that foetuses and adults are the same physical organism implies only that they are the same thing but not the same substance, much (...) as living adults and their corpses are the same thing (same body) but not the same substance. Against Lee's second argument, I contend that Lee confuses the nature of a process with the nature of its result. A process of quantitative change can produce a change in substance. Lee also fails to show that foetuses are rational and thus have all the essential properties of adults, as required for them to be the same substance. Against the pro‐choice argument from asymmetric value (that only the fact that a human has become conscious of its life and begun to count on its continuing can explain human life's asymmetric moral value, i.e. that it is vastly worse to kill a human than not to produce one), Lee claims that foetus's lives are asymmetrically valuable to them before consciousness. This leads to counterintuitive outcomes, and it confuses the goodness of life (a symmetric value that cannot account for why it is worse to kill a human than not produce one) with asymmetric value. (shrink)

Drawing on the theory of inter-cultural rhetoric analysis and considering the important role of newspaper editorials in shaping public opinions, this article examines the schematic structures of Persian and English newspaper editorials of criticism. The aim of this comparative study was to explore the discourse conventions employed in the editorials of The New York Times and Tehran Times. While revealing some interesting genre-specific features of schematic structures of the editorials in the two newspapers, the results of the study also indicated (...) that cultural constraints did not substantially affect the schematic structures of the editorials. However, they had implications for realization of certain rhetorical structures in the editorials. (shrink)

SummaryOn the basis of B. Constant’s ideas, this article discusses the possibility of studying religious feeling only as emotion and substantiates the superiority of this approach to the cognitive. The difficulties of the non-cognitive approach are mainly related to its fusion with the cognitive and can be overcome by a strict distinction between them. Religious feeling is thereby shown to be an ordinary emotion without any cognitive properties – only as a sensual stream that is specified by the particularities of (...) its flow and its interactions with thought (and probably will). Its specificity as religious would be considered as the effect of such particularities and interactions. Further specification of this feeling – the differences among faith, religious hope, love, etc. – is proposed in the same manner, revealing and distinguishing nuances of its flow. In this way, religious feeling could be considered without mystification, and its nature would be understandable through the mechanism of consciousness. The whole of religion as reduced to religious feeling and consciousness would be accessible in its nature to the researcher while fully preserving its details as they occur in the believer’s consciousness. (shrink)

The relationship between aesthetic value and other moral and cognitive values has been a key theme within contemporary aesthetic discussion. In this article, I explore once again the implications of this relationship, but from what I think might be a different angle. With few exceptions, notably Dominic Lopes, most of the contributions to this issue have dealt with the impact that moral or cognitive values could possibly have on the overall aesthetic value of a work of art. In this article, (...) I explore instead how aesthetic properties or merits could play a role in explaining moral and cognitive properties. To do so, I first offer some examples that I think may reasonably exemplify the phenomenon we are considering. Second, I argue that a proper account of interactionism should meet at least two constraints: the relevance constraint and the autonomy constraint. Finally, I try to clarify how it is possible that aesthetic properties substantially contribute to other values by appealing to the notions of expression and the affective character of aesthetic properties. (shrink)

Plamondon & Alimi's model will gain substantially in credibility when it is able to come up with predictions for new (rather than old) experimental results that discriminate between various models. Moreover, the present model is nothing more than a descriptive not an explanation for motor performance. A link to the contribution of various neuronal mechanisms involved in motor control and of muscle properties to the performance of the model is crucial.

In this paper, I will give a three-stage analysis of the origin of phenomenal consciousness. The first one has to do with a non-causal stage. The second one has to do with a causal stage. The third one has to do with a correlation stage. This paper is divided into three sections. In section I, I will discuss a non-causal stage which focuses on finite consciousness as an irreducible emergent property—i.e., a simple non-structural property that is unique to (...) the “emergent” level of reality. I will examine currently dominant accounts of the emergence of phenomenal consciousness—which require consciousness to have some sort of causal link to its base level. Those who think of the emergence of consciousness in casual terms, often have in mind, brain complexity as a source of such causality. However, the causal proposal faces two serious empirically supported objections, namely: the gametes problem and the complexity problem, respectively. The first objection deals with conception (i.e., fertilization) and the impossibility of tracking down/spotting the origin of consciousness at any point during the process of the development of a foetus. The second objection focuses on demonstrating that, no amount of analysis of the physical basis of complex brain will unfold anything substantial about the origin of consciousness. Both of these two objections show why the diachronic account of the origin of the phenomenal consciousness is hard to come by. In section II, I will discuss a causal stage which focuses on, how once it emerges, consciousness enters into the domain of causal interaction with brain states. This is the stage where we come across both ‘the explanatory gap problem’ and ‘the hard problem of consciousness.’ In section III, I will discuss the correlation stage which focuses on the manner in which phenomenal consciousness continues to co-exist with its physical base (e.g., brain). To show this, I will discuss the notion of correlation and its relation to causation. The upshot of my discussion in the above three sections will constitute the view I call the non-causal spontaneous emergence of phenomenal consciousness. According to the view I am proposing, there is no causal-link between strongly emergent property (in this case, consciousness) and its base level—although the base level (as far as we know) serves as a sufficient condition (but not as a necessary condition) for its emergence. In light of this, I conclude this paper by claiming that phenomenal consciousness is a strongly emergent property. (shrink)

This article argues that considerations about the role and predictability of intellectual innovation make the protection of intellectual property morally obligatory even when it greatly reduces short-term welfare. Since the provision of good new ideas is the only productive input not subject to decreasing marginal productivity, welfarist considerations require that no impediment to its maximal provision be erected and the potentially substantial welfare losses imposed by a patent system be mitigated by taxation of other sources of wealth and (...) income. Key Words: patent system • welfarism • decreasing marginal productivity. (shrink)

This book presents startling evidence that state monopolies can produce better outcomes than the free market. It provides an empirical comparison of the property insurance market in five European countries: Britain, Spain, France, Switzerland, and Germany. The market and cost structures of insurers in each country are described, and particular features of each market and the outcomes for customers examined. The regulatory frameworks vary widely from country to country and so do the market outcomes, both in terms of premium (...) level and in terms of available insurance cover.In view of the increase in major floods and other forms of natural damage over the last decades, the non-availability of insurance cover in many competitive insurance systems is likely to become a major political issue. This book shows that state monopoly is an adequate policy response. Competitive insurance systems are shown to provide incomplete cover at a substantially higher cost. In mixed systems, where the private sector can obtain reinsurance from the state the state tends to end up paying most of the costs while the private insurance companies keep most of the premium income.The book will be of interest to academic economists interested in privatization, regulation, the theory of the firm, and insurance; Policy-makers concerned with regulation and privatization; Insurance companies, regulators, and analysts. (shrink)

The two opinions concerning real essences that Locke mentions in III.iii.17 represent competing theories about the way in which naturally occurring objects are divided into species. In this paper I explain what these competing theories amount to, why he denies the theory of kinds that is embodied in the first of these opinions, and how this denial is related to his general critique of essentialism. I argue first, that we cannot meaningfully ask whether Locke accepts the existence of natural kinds, (...) per se, since he affirms the theory of kinds that is embodied in the second opinion, while he denies the theory that is embodied in the first opinion. Second, I show that his denial of this theory is not solely or even primarily directed against the scholastic/Aristotelian theory of substantial forms, since he is most interested in refuting a corpuscularian version of this theory. And third, I argue that Locke’s anti-essentialism does not follow solely from his denial of (deeply objective) natural kinds, since one could consistently make this denial and affirm the existence of de re essential properties. (shrink)

A central tenet of Heil's ontological conception is a no-levels account of reality, according to which there is just one class of basic properties and relations, while all higher-level entities are configurations of these base-level entities. I argue that if this picture is not to collapse into an eliminativist picture of the world – which, I contend, should be avoided –, Heil's ontological framework has to be supplemented by an independent theory of which configurations of basic entities should count as (...) complex entities. However, such an amendment represents a substantial ontological enhancement, so that the ensuing ontological picture is not as parsimonious as Heil claims it to be. (shrink)