In free and open source software (FOSS), computer code is made freely accessible and can be modified by anyone. It is a creative domain with many unique features; the FOSS mode of creativity has also influenced many aspects of contemporary cultural production. In this article we identify a number of fundamental but unresolved general issues in the study of creativity, then examine the potential for the study of FOSS to inform these topics. Archival studies of the genesis of FOSS projects, (...) coupled with laboratory studies detailing the psychological processes involved in software creation, can provide converging evidence on the nature of creativity in software design. Such a research program has broad implications both for theories of creativity and for real-world innovation in software and other forms of digital cultural production. (shrink)

Routledge (New Media and Cyberculture Series), July 2007.

The “free” in “free software” refers to a cluster of four specific freedoms identified by the Free Software Definition. The first freedom, termed “Freedom Zero,” intends to protect the right of the user to deploy software in whatever fashion, towards whatever end, he or she sees fit. But software may be used to achieve ethically questionable ends. This highlights a tension in the provision of software freedoms: while the definition explicitly forbids direct restrictions on users’ freedoms, it does not address (...) other means by which software may indirectly restrict freedoms. In particular, ethically-inflected debate has featured prominently in the discussion of restrictions on digital rights management and privacy-violating code in version 3 of the GPL (GPLv3). The discussion of this proposed language revealed the spectrum of ethical positions and valuations held by members of the free software community. In our analysis, we will provide arguments for upholding Freedom Zero; we embed the problem of possible uses of software in the broader context of the uses of scientific knowledge, and go on to argue that the provision of Freedom Zero mitigates against too great a moral burden—of anticipating possible uses of software—being placed on the programmer and that, most importantly, it facilitates deliberative discourse in the free software community. (shrink)

Introduction -- Media and representation. On the one medium / Eric Gans -- The scapegoat mechanism and the media: beyond the folk devil paradigm / John O'Carroll -- The apocalypse will not be televised / Chris Fleming -- Film. Mirrors of nature: artificial agents in real life and virtual worlds / Paul Dumouchel -- Superheroes, scapegoats, and saviors: the problem of evil and the need for redemption / Joel Hodge -- Sanctified victimage on page and screen: The hunger games as (...) prophetic media / Debra E. Macdonald -- The mimetic e-motion: from The matrix to Avatar / Nidesh Lawtoo -- Apocalypse of the therapeutic: The cabin in the woods and the death of mimetic desire / Peter Y. Paik -- Eyes wide shut: mimesis and historical memory in Stanley Kubrick's The shining / David Humbert -- Against romantic love: mimeticism and satire in Woody Allen's Vicky, Cristina, Barcelona; you will meet a tall dark stranger; and To Rome with love / Scott Cowdell -- A beautiful crisis: Ang Lee's film adaptation of The ice storm / Carly Osborn -- Cowboy metaphysics, the virtuous-enough cowboy, and mimetic desire in Stephen Fears' The hi-lo country / Thomas Ryba -- Television. The self in crisis: watching Mad men and Homeland with Girard and Hegel / Paolo Diego Bubbio -- Media, murder, and memoir: Girardian baroque in Robert Drewe's The shark net / Rosamund Dalziell -- Conversion in Dexter / Matthew John Paul Tan and Joel Hodge. (shrink)

One of the principal lessons of The Concept of Law is that legal systems are not only comprised of rules, but founded on them as well. As Hart painstakingly showed, we cannot account for the way in which we talk and think about the law - that is, as an institution which persists over time despite turnover of officials, imposes duties and confers powers, enjoys supremacy over other kinds of practices, resolves doubts and disagreements about what is to be done (...) in a community and so on - without supposing that it is at bottom regulated by what he called the secondary rules of recognition, change and adjudication. Given this incontrovertible demonstration that every legal system must contain rules constituting its foundation, it might seem puzzling that many philosophers have contested Hart's view. In particular, they have objected to his claim that every legal system contains a rule of recognition. More surprisingly, these critiques span different jurisprudential schools. Positivists such as Joseph Raz, as well as natural lawyers such as Ronald Dworkin and John Finnis, have been among Hart's most vocal critics. In this essay, I would like to examine the opposition to the rule of recognition. What is objectionable about Hart's doctrine? Why deny that every legal system necessarily contains a rule setting out the criteria of legal validity? And are these objections convincing? Does the rule of recognition actually exist? This essay has five parts. In Part One, I try to state Hart's doctrine of the rule of recognition with some precision. As we will see, this task is not simple, insofar as Hart's position on this crucial topic is often frustratingly unclear. I also explore in this part whether the United States Constitution, or any of its provisions, can be considered the Hartian rule of recognition for the United States legal system. In Part Two, I attempt to detail the many roles that the rule of recognition plays within Hart's theory of law. In addition to the function that Hart explicitly assigned to it, namely, the resolution of normative uncertainty within a community, I argue that the rule of recognition, and the secondary rules more generally, also account for the law's dexterity, efficiency, normativity, continuity, persistence, supremacy, independence, identity, validity, content and existence. In Part Three, I examine three important challenges to Hart's doctrine of the rule of recognition. They are: 1) Hart's rule of recognition is under- and over-inclusive; 2) Hart cannot explain how social practices are capable of generating rules that confer powers and impose duties and hence cannot account for the normativity of law; 3) Hart cannot explain how disagreements about the criteria of legal validity that occur within actual legal systems, such as in American law, are possible. In Parts Four and Five, I address these various objections. I argue that although Hart's particular account of the rule of recognition is flawed and should be rejected, a related notion can be fashioned and should be substituted in its place. The idea, roughly, is to treat the rule of recognition as a shared plan which sets out the constitutional order of a legal system. As I try to show, understanding the rule of recognition in this new way allows the legal positivist to overcome the challenges lodged against Hart's version while still retaining the power of the original idea. (shrink)

Arthur Danto's quarter century as art critic for The Nation was crucial, as photography had, by the 1980s and '90s, become very much in vogue in the New York artworld that was his beat. Readers familiar with the corpus of Danto's writing might infer from the discussion that his interest in photography is peripheral to his larger investigation into the ontology of artworks. Consideration of the distinction between stills and natural drawings, or of Kantian ethical concerns, appears foreign to his (...) well‐known consideration of Warhol's 1964 Brillo Box. Danto's consideration of photography reveals that art does essentially involve craft, but it is a craft involving sensitivity to, and dexterity in relation to, aspects of a realm of human interaction, rather than necessarily to materials. Further research may be directed toward refining this new craft and, especially, toward the development of pedagogical techniques suitable to it. (shrink)

From very early on, Western philosophers have been obsessed with the understanding of a relatively few works of philosophy which have played a disproportionately large and fundamental role in developing the Western philosophical canon, dominating the curriculum in the past and in the present; there is no indication that they will not do so in the future.Uses and Abuses of the Classics examines the various ways in which the different periods of the history of philosophy have approached these texts. The (...) editors have chosen for analysis some of the major philosophers from periods of the history of philosophy in which the interpretation of the classics has been particularly significant.Contributions to this book include entries on: Aristotle's reading of Plato; Averroes on Aristotle; Nietzsche on the Beginnings of Western Philosophy; and Thomas Aquinas's Commentary on Aristotle's Metaphysics. (shrink)

Anti-selection occurs when information asymmetry exists between insurers and applicants. When an applicant knows they are at high risk of loss, but the insurer does not, the applicant may try to use this knowledge differential to secure insurance at a lower premium that does not match risk.

We prove a finite model theorem and infinitary completeness result for the propositional -calculus. The construction establishes a link between finite model theorems for propositional program logics and the theory of well-quasi-orders.

Science and the originality of life -- Christian facticity -- Grasping life as a topic -- Ruinance -- The retrieval of history -- Facticity and ontology -- Factical speaking -- Rhetoric -- Sophistry.

This ambitious, interdisciplinary book seeks to explain the origins of religion using our knowledge of the evolution of cognition. A cognitive anthropologist and psychologist, Scott Atran argues that religion is a by-product of human evolution just as the cognitive intervention, cultural selection, and historical survival of religion is an accommodation of certain existential and moral elements that have evolved in the human condition.

“Natural logic” was proposed by Lewis Henry Morgan as the engine of cultural evolution, concluding that the “course and manner” of cultural development “was predetermined, as well as restricted within narrow limits of divergence, by the natural logic of the human mind.” This essay argues that Morgan’s conception of natural logic aids the project of settler colonialism. Rather than being a false account of human agency, however, it is a conception of natural logic that is produced through the systematic narrowing (...) of possibilities for agency, human, and otherwise. This narrowed logic is thus only a part of a differently conceived logic of agency that is also general and normative. The discussion proceeds in four sections: first, a presentation of Morgan’s conception of natural logic and its origins; second, an analysis of four colonizing implications of Morgan’s view; third, examples of further developments of natural logic in the twentieth and twenty-first centuries in the work structuralist and post-structuralist theorists; and, last, a brief introduction of a decolonial logic that provides a broader alternative conception of the structure of agency, human, and otherwise, and that avoids the oppressive effects of the reductionism of the natural logic received from Morgan and his successors. (shrink)

Pragmatism, Experience, and the Given The doctrine of the Given is that subjects have direct non-inferential awareness of content of their experiences and apprehensions, and that some of a subject's beliefs are justified on the basis of that subject's awareness of her experiences and apprehensions. Pragmatist criticisms of the Given as a myth are shown here not only to be inadequate but to presuppose the Given. A model for a pragmatist account of the Given is then provided in terms of (...) refinements of Dewey's theory of experience. The doctrine of the Given is implicated in the functions of inquiry insofar as one must take it that experience is a source of justification. (shrink)

Many fans of Diogenes of Sinope laud his parrhesia, free speech used for critique. However, Diogenes abused not only the powerful but also the socially marginalized. We argue that interpreters of Diogenes cannot explain away the undeniably troublesome things that Diogenes said about those at the margins. But we also argue that Diogenes ought nonetheless to be preserved. Some of his chreiai can be reminders of how to be courageous and fight for the downtrodden, and others can serve as reminders (...) of how easily those aspirations can be forgotten. We offer a variety of ways to interpret Diogenes, especially since the figure of Diogenes is an historical composite from centuries of sources. But we arrive at a position of loving antagonism toward Diogenes, loving Cynic commitments to autarkeia and against wealth and power, and disapproving when Cynics fell short of their commitments and critical aspirations. (shrink)

BackgroundThe Mental Capacity Act was enacted in 2007 in England and Wales, but the assessment of mental capacity still remains an area of professional concern. Doctors’ compliance with legal and professional standards is inconsistent, but the reasons for poor compliance are not well understood. This preliminary study investigates doctors’ experiences of and attitudes toward mental capacity assessment.MethodsThis is a descriptive, cross-sectional study where a two-domain, study-specific structured questionnaire was developed, piloted and digitally disseminated to doctors at differing career stages employed (...) in a large, multi-site National Health Service Trust in London over 4 months in 2018. Descriptive statistics and frequency tables adjusted for missing data were generated and secondary analysis was conducted.ResultsParticipants were predominantly UK trained, female and between the ages of 30 and 44 years. Less than half of the participants reported receiving formal MCAx training. Only one-third of the participants self-rated themselves as very competent or extremely competent. Self-reported MCA confidence was significantly affected by career stage with Consultants with over 10 years of experience reporting lowest confidence.ConclusionsThis study describes significant variation in practice by doctors and low self-confidence in the practice of MCAx. These results raise concerns that MCAx continues to be inconsistently performed by doctors despite appropriate awareness of the law and professional guidance on best practice. (shrink)

Inspired by a debate between Noam Chomsky and Jean Piaget, this work traces the development of natural history from Aristotle to Darwin, and demonstrates how the science of plants and animals has emerged from the common conceptions of folkbiology.

In spite of laws in many states regulating the nutritional content of foods and the availability of “junk food” and soda, a 2001 Surgeon General’s Report indicated that 15% to 20% of the nation’s children are overweight or obese. In areas that are predominately Hispanic and African American, the numbers rise to between 40% and 50%. Although there are continuing efforts to educate the adult population, many school systems and public health jurisdictions have had little impact on the rising numbers (...) of overweight and obese children. This session described the process of initiating a student-based, student driven approach to obesity, junk food, and diabetes and disease prevention.A need existed for a grassroots approach at the student level to raise awareness of increasing obesity rates and diabetes and other related diseases in the adolescent population. (shrink)

In spite of laws in many states regulating the nutritional content of foods and the availability of “junk food” and soda, a 2001 Surgeon General’s Report indicated that 15% to 20% of the nation’s children are overweight or obese. In areas that are predominately Hispanic and African American, the numbers rise to between 40% and 50%. Although there are continuing efforts to educate the adult population, many school systems and public health jurisdictions have had little impact on the rising numbers (...) of overweight and obese children. This session described the process of initiating a student-based, student driven approach to obesity, junk food, and diabetes and disease prevention.A need existed for a grassroots approach at the student level to raise awareness of increasing obesity rates and diabetes and other related diseases in the adolescent population. (shrink)

Universities in North America and Europe increasingly provide financial incentives to encourage collaboration between faculty in different disciplines, based on the premise that this yields more innovative and sophisticated research. Drawing from a wealth of empirical data, the contributors to Investigating Interdisciplinary Collaboration put that theory to the test. What they find reveals how interdisciplinarity is not living up to its potential, but also suggests how universities might foster more genuinely collaborative and productive research. Chapter 10 is available Open Access (...) here: https: //www.ncbi.nlm.nih.gov/books/NBK395883/. (shrink)

ABSTRACT:In 2010,Business Ethics Quarterlypublished ten articles that considered the potential contributions to business ethics research arising from recent scholarship in a variety of philosophical and social scientific fields (strategic management, political philosophy, restorative justice, international business, legal studies, ethical theory, ethical leadership studies, organization theory, marketing, and corporate governance and finance). Here we offer short responses to those articles by members ofBusiness Ethics Quarterly’s editorial board and editorial team.

It is shown that over any countable first-order structure, IND programs with dictionaries accept exactly the Π 1 1 relations. This extends a result of Harel and Kozen 118) relating IND and Π 1 1 over countable structures with some coding power, and provides a computational analog of a result of Barwise et al. 108) relating the Π 1 1 relations on a countable structure to a certain family of inductively definable relations on the hereditarily finite sets over that structure.

Scott Yenor argues that David Hume's reputation as a skeptic is greatly exaggerated. In David Hume's Humanity, Yenor shows how Hume's skepticism is a moment leading Hume to defend a philosophy that is grounded in the inescapable assumptions of common life. Humane virtues reflect the proper reaction to the complex mixture of human faculties that define the human condition. These gentle virtues best find their home in the modern commercial republic, of which England is the leading example. Hume's defense (...) of both common life philosophy and humanity are, however, flawed by his secretly dogmatic assumptions about the nature of history and his Enlightened approach to religious teachings and psychology. This study makes the case for Hume's manner of grounding philosophy in common life is essential to any reinvigoration of the humanities. It ultimately holds that Hume's practice of that philosophy is seriously flawed, but that a more philosophic philosophy of common life is available. (shrink)

What are the objects of science? Are they just the things in our scientific experiments that are located in space and time? Or does science also require that there be additional things that are not located in space and time? Using clear examples, these are just some of the questions that Scott Berman explores as he shows why alternative theories such as Nominalism, Contemporary Aristotelianism, Constructivism, and Classical Aristotelianism, fall short. He demonstrates why the objects of scientific knowledge need (...) to be not located in space or time if they are to do the explanatory work scientists need them to do. The result is a contemporary version of Platonism that provides us with the best way to explain what the objects of scientific understanding are, and how those non-spatiotemporal things relate to the spatiotemporal things of scientific experiments, as well as everything around us, including even ourselves. (shrink)

Did the Carthaginian cavalry general Maharbal really urge Hannibal to march on Rome after Cannae, and then comment bitterly Vincere sets, Hannibal; victoria uti nescis, when his leader refused? There are two main objections: Maharbal may not have been there, and anyway Cannae was too far away to justify such a march. The whole story has been seen as one of those well-known Roman historiographical inventions. But there may well be more to the story than that, illuminating both Hannibalic history (...) and some Roman historiographical techniques. (shrink)

1. This book is a fascinating look at how early cinema and moving images inspired and were inspired by other more static forms of visual culture, such as painting, photography, and tableaux vivants. The contributors to this volume demonstrate how cinema responded to and was positioned within broader artistic and cultural frameworks. 2. This book is another strong contribution to the Proceedings of Domitor series, of which we are now the sole publishers. 3. It will benefit from our well established (...) reputation in early cinema studies. (shrink)

I describe several historical cases of engineers or inventors obsessed with perfecting their products, illustrating how in some of those cases the perfectionist impulse led to tremendously valuable innovation, while in others to disaster, or at least to failure of the project to make the mark in history it otherwise could have. The psychological tendency towards perfecting an instrument for achieving some telos beyond what is pragmatically necessary or even desirable was diagnosed by Adam Smith, and may always be a (...) source of mixed blessings. (shrink)

Starting at the beginning: what's so good about being good? -- Theological ethics: where does morality come from? -- Cultural views of morality: why can't we make up our own moral rules for ourselves? -- Making ethical decisions: when I'm in a moral dilemma, what do I do? -- Abortion: how can you say that a pregnant seventeen-year-old, for whom having the baby will ruin her life, is doing something wrong by having an abortion? -- Reproductive technologies: what do you (...) say to infertile couples about the hi-tech ways to have a baby? -- Genetics and biotechnology: what do you tell couples who want to use biotechnology to produce designer children? -- Death, dying, and assisted suicide: don't people have a fundamental right to die? -- Capital punishment: isn't the death penalty a barbaric holdover from uncivilized cultures that should be done away with today? -- War and morality: in view of the Bible's teaching to love your enemies, why isn't every Christian a pacifist? -- Sexual ethics: shouldn't people be able to love and have sex with whomever they choose? -- Christian ethics, economics, and the workplace: how does my work connect to my spiritual life and my service to God? (shrink)

An affirmative post-structural philosophy of organization inspired by Arnold Gehlen's philosophical anthropology, Michel Foucault's history of medicine and Gille Deleuze's early philosophical works. This book offers a deep and detailed analysis of the problems faced and their solutions.

The life fantastic -- Bedtime stories -- The end of things -- Optical disillusions -- Double vision -- Backstage pass -- Romance languages -- Fellow-feeling -- Bolts from the blue -- Final fantasies.

In the last decade, the familiar problem of the regress of reasons has returned to prominent consideration in epistemology. And with the return of the problem, evaluation of the options available for its solution is begun anew. Reason’s regress problem, roughly put, is that if one has good reasons to believe something, one must have good reason to hold those reasons are good. And for those reasons, one must have further reasons to hold they are good, and so a regress (...) of reasons looms. In this new study, Aikin presents a full case for infinitism as a response to the problem of the regress of reasons. Infinitism is the view that one must have a non-terminating chain of reasons in order to be justified. The most defensible form of infinitism, he argues, is that of a mixed theory – that is, epistemic infinitism must be consistent with and integrate other solutions to the regress problem. (shrink)

There is widespread agreement that there should be a principle requiring that artificial intelligence be ‘explicable’. Microsoft, Google, the World Economic Forum, the draft AI ethics guidelines for the EU commission, etc. all include a principle for AI that falls under the umbrella of ‘explicability’. Roughly, the principle states that “for AI to promote and not constrain human autonomy, our ‘decision about who should decide’ must be informed by knowledge of how AI would act instead of us” :689–707, 2018). There (...) is a strong intuition that if an algorithm decides, for example, whether to give someone a loan, then that algorithm should be explicable. I argue here, however, that such a principle is misdirected. The property of requiring explicability should attach to a particular action or decision rather than the entity making that decision. It is the context and the potential harm resulting from decisions that drive the moral need for explicability—not the process by which decisions are reached. Related to this is the fact that AI is used for many low-risk purposes for which it would be unnecessary to require that it be explicable. A principle requiring explicability would prevent us from reaping the benefits of AI used in these situations. Finally, the explanations given by explicable AI are only fruitful if we already know which considerations are acceptable for the decision at hand. If we already have these considerations, then there is no need to use contemporary AI algorithms because standard automation would be available. In other words, a principle of explicability for AI makes the use of AI redundant. (shrink)

This book analyses the straw man fallacy and its deployment in philosophical reasoning. While commonly invoked in both academic dialogue and public discourse, it has not until now received the attention it deserves as a rhetorical device. Scott Aikin and John Casey propose that straw manning essentially consists in expressing distorted representations of one's critical interlocutor. To this end, the straw man comprises three dialectical forms, and not only the one that is usually suggested: the straw man, the weak (...) man and the hollow man. Moreover, they demonstrate that straw manning is unique among fallacies as it has no particular logical form in itself, because it is an instance of inappropriate meta-argument, or argument about arguments. They discuss the importance of the onlooking audience to the successful deployment of the straw man, reasoning that the existence of an audience complicates the dialectical boundaries of argument. Providing a lively, provocative and thorough analysis of the straw man fallacy, this book will appeal to postgraduates and researchers alike, working in a range of fields including fallacies, rhetoric, argumentation theory and informal logic. (shrink)

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...) of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

For anyone approaching the Encheiridion of Epictetus for the first time, this book provides a comprehensive guide to understanding a complex philosophical text. Including a full translation and clear explanatory commentaries, Epictetus's 'Encheiridion' introduces readers to a hugely influential work of Stoic philosophy. Scott Aikin and William O. Stephens unravel the core themes of Stoic ethics found within this ancient handbook. Focusing on the core themes of self-control, seeing things as they are, living according to nature, owning one's roles (...) and fulfilling the responsibilities that those roles entail, the authors elucidate the extremely challenging ideas in Epictetus's brisk chapters. Divided into five distinct parts, this book provides readers with: -/- - A new translation of the Encheiridion by William O. Stephens. - A new introduction to ancient Stoicism, its system of concepts, and the ancient figures who shaped it. - A fresh treatment of the notorious and counter-intuitive 'Stoic paradoxes'. - An accessible overview of the origin and historical context of the Encheiridion. - Detailed commentaries on each chapter of the Encheiridion that clarify its recurring themes and highlight their interconnections. - Careful attention to the presentation of the arguments embedded in Epictetus's aphoristic style. - A thoughtful discussion of serious criticisms of Epictetus's Stoicism and replies to these objections. -/- Written with clarity and authority, Epictetus's 'Encheiridion' provides a foundation from which readers can understand this important text and engage with the fundamental questions of Stoic philosophy and ethics. This guide will aid teachers of Epictetus, students encountering Stoicism for the first time, and readers seeking a greater understanding of Stoic ethics. (shrink)