In conversation with Marilyn Strathern’s work on kinship and especially on metaphors of intellectual and reproductive creativity, this paper provides an analysis of plagiarism not as a violation of intellectual property but of the kinship relationships between author, work, and readers. It also analyzes the role of figures of kidnapped slaves and children in the genealogy of the modern concept of plagiarism.

The scale is the most famous emblem of the law, including intellectual property (IP). Because IP rights impose social costs on the public by limiting access to protected work, the law can be justified only to the extent that, on balance, it encourages enough creation and dissemination of new works to offset those costs. The scale is thus a potent rhetorical trope of fairness and objectivity, but also an instrument the law thinks with – one that is constantly invoked to (...) justify or to question the extent of available IP protection. The balancing act that underlies the legitimacy of IP is, however, literally impossible to perform. Because we are unable to measure the benefits that IP has for inventors or the costs it has for the public, the scale has nothing to weigh. It conveys a clear sense that IP law can be balanced, but in fact propagates only a visible simulacrum of balance – one that is as empty as it is powerful. (shrink)

Questions about how closure is achieved in disputes involving new observational or experimental claims have highlighted the role of bodily knowledge possibly irreducible to written experimental protocols and instructions how to build and operate instruments. This essay asks similar questions about a scenario that is both related and significantly different: the replication of an invention, not of an observation or the instrument through which it produced. Furthermore, the machine considered here—Galileo’s compass or sector—was not a typical industrial invention (like a (...) spinning jenny), but a mathematical invention (a calculator), that is, a machine that produces numbers, not yarn. This case study describes some of the similarities and differences between replicating experiments, traditional machines producing material outputs, and mathematical inventions yielding calculations or information. This comparison indicates that, as in other kinds of replication, the replication of mathematical inventions involves texts (the calculator’s instructions) but that in this case bodily knowledge cannot be properly described as either tacit or explicit. It rather takes the shape of memory—muscle memory—that may be recalled from reading the instructions. (shrink)

i propose a revisionist account of the production and reception of galileo's telescopic observations of 1609–10, an account that focuses on the relationship between credit and disclosure. galileo, i argue, acted as though the corroboration of his observations were easy, not difficult. his primary worry was not that some people might reject his claims, but rather that those able to replicate them could too easily proceed to make further discoveries on their own and deprive him of credit. consequently, he tried (...) to slow down potential replicators to prevent them from becoming competitors. he did so by not providing other practitioners access to high-power telescopes and by withholding information about how to build them. this essay looks at the development of galileo's monopoly on early telescopic astronomy to understand how the relationship between disclosure and credit changed as he moved from being an instrument-maker to becoming a discoverer and, eventually, a court philosopher. (shrink)

The ArgumentI propose a revisionist account of the production and reception of Galileo's telescopic observations of 1609–10, an account that focuses on the relationship between credit and disclosure. Galileo, I argue, acted as though the corroboration of his observations were easy, not difficult. His primary worry was not that some people might reject his claims, but rather that those able to replicate them could too easily proceed to make further discoveries on their own and deprive him of credit. Consequently, he (...) tried to slow down potential replicators to prevent them from becoming competitors. He did so by not providing other practitioners access to high-power telescopes and by withholding information about how to build them. This essay looks at the development of Galileo's monopoly on early telescopic astronomy to understand how the relationship between disclosure and credit changed as he moved from being an instrument-maker to becoming a discoverer and, eventually, a court philosopher. (shrink)

Historians of science and technology and STS practitioners have always taken intellectual property very seriously but, with some notable exceptions, they have typically refrained from looking “into” it. There is mounting evidence, however, that they can open up the black box of IP as effectively as they have done for the technosciences, enriching their discipline while making significant contributions to legal studies. One approach is to look at the technologies through which patent law construes its object – the invention – (...) in specific settings and periods by examining procedures, classifications, archives, models, repositories, patent specifications (in both their linguistic and pictorial dimensions), and the highly specialized language of patent claims. More ambitiously, we could treat intellectual property as a technology itself. Patent law does not evolve either by merely articulating its doctrine in response to technological developments. The line between what does and does not count as invention may be redrawn with the emergence of new objects and technologies, but is not determined by them. It is this constructive feature of the law that we are trying to capture with the notion of law as technology. We hope that thinking about the technologies of the law and the law as technology will bring into question what we mean by both “technology” and “law”. (shrink)

Kant’s essay on the question of literary piracy has so far been read as a foundational text in the history of literary property. When Kant refers to the book as a “mute instrument,” scholars of intellectual property already know how to interpret that formulation because they presume the distinction that the contemporary jurisprudence of intellectual property makes between matter and form and its concomitant assumption that print is just an inert, nonagentive medium. In fact, Kant begins his analysis of unauthorized (...) publication not with the question What is an author? but with the question What is publication?. His insight was that unauthorized publication revealed a structural feature of publication in general. The effect of the interposition of print, or the fact that speech begins in and with print, is that the author is structurally alienated from his or her speech. Kant was not an Enlightenment media theorist, but he recognized that speech had to be mediated and therefore delivered to the reader and that it was the medium itself that determined the conditions under which authors and readers could exist and be present to one another and under which speech could become an authorship. In order to create a language channel for public reason, Kant had to take a detour through the legal fiction of agency. Speech might have been an action that could have its existence “only in a person,” but this supposedly innate bond was made by a legal fiction of representation, according to which one person could truly speak “as if” they were another. Kant’s answer to the question What is a book? developed a law that was not so much a law of literary property as a law that sought to suspend the alienating effects of print so as to restore the Enlightenment ideal of communication. (shrink)

It is well known that Hermann Cohen was one of the first philosophers who engaged in the debate about non-Euclidean geometries and the concept of space. His relation to Hermann von Helmholtz, who played a major role in the same debate, is an illuminating example of how some of the leading ideas of Marburg neo-Kantianism, although motivated independently of scientific debates, naturally led to the examination of scientific works and scientists’ epistemological views. This paper deals with Cohen’s view of magnitudes (...) and measurement and with his – less known – review of Helmholtz’s paper “Zählen und Messen, erkenntnistheoretisch betrachtet”, which contains one of the first attempts to formulate a theory of measurement in the modern sense. The first part provides a brief introduction to this debate in its connection with the earlier discussion on geometrical axioms and the concept of space. The main sections deal with Helmholtz’s and Cohen’s approaches to the foundations of measurement. Cohen’s criticism of some of Helmholtz’s assumptions notwithstanding, my emphasis is on some unexpected affinities between these two approaches. In the concluding section, I rely on the constructive side of Cohen’s criticisms to reconsider the philosophical aspects of Helmholtz’s theory and draw a few comparisons with contemporary measurement theory. (shrink)

It is well known that Felix Klein took a decisive step in investigating the invariants of transformation groups. However, less attention has been given to Klein’s considerations on the epistemological implications of his work on geometry. This paper proposes an interpretation of Klein’s view as a form of mathematical structuralism, according to which the study of mathematical structures provides the basis for a better understanding of how mathematical research and practice develop.

Until recently, dance was not considered to warrant copyright protection because it existed only as a live performance that was not fixed in a ‘tangible medium of expression’. Not being an object, it could not be property. But the more we try to fold dance into existing modes of copyright and conventional notions of property, the more it resists, upsetting the core assumptions of Locke's social contract theory. Legal scholars argue that the expansion of copyright protection shrinks the public domain. (...) While copyright has become more important for dancers and choreographers who wish to control the appropriation of their work that is now made available to millions of end-users online, it also potentially restricts them from engaging in a dialog with other dancers or building on inspiring dance moves across communities. This paper investigates notions of property that rely on both the commons and individual personhood in the context of dance. (shrink)

While the initial reception of Alfred Hitchcock's Vertigo was unspectacular, it made its presence felt in a host of other films – from Chris Marker's Sans Soleil, to Brian De Palma's Obsession, and David Lynch's Mulholland Dr.. What seemed to have eluded the critics at the time is that Vertigo is a film about being haunted: by illusive images, turbulent emotions, motion and memory, the sound and feeling of falling into the past, into a nightmare. But it is also a (...) shrewdly reflexive film that haunts filmmakers, critics, and artists alike, raising fundamental questions about the ontology of moving images and the regime of fascination that churns them out. Douglas Gordon's Feature Film, D.N. Rodowick's The Wanderers, and Lynn Hershman's VertiGhost are contemporary examples of how the appropriation and contemplation of some the film's most iconic motifs, themes and strategies ask us to rethink the relation of fetishism to fabulation, and supplementarity to dissimulation and social engineering. Feature Film, The Wanderers, and VertiGhost are supplementary works, but like the original film they are about duplicity, doppelgänger, and dissimulation. What interests us is how they challenge the authority over, or even proximity to, that which returns in the form of the supplement. And ultimately, attaching themselves to the chain of forgers and forgeries, these supplementary works take their place in the vertiginous sequence of substitutions the film established: a neat allegory for a reign of the digital ghosting that Hitchcock could never have anticipated. (shrink)

Digital cameras and motion capture technologies that document and share creative practices have transformed the way we think about dance as an embodied knowledge as well as the way we experience it bodily. Computational media, which not only records and archives but also calculates, analyses and models dance, further complicates its ontological status. This move to document and inscribe dance in a tangible medium marks a shift from understanding dance as an ungraspable event towards conceiving of dance as a tangible (...) process that can be collected, transmitted, repeated and packaged or archived as an object. I look at two dance works – Matthias Sperling’s Loop Atlas and Siobhan Davies and Anri Sala’s Solo in the Doldrums – that trouble conventional notions of embodiment and its relationship to both presence and absence, at the same time they challenge how computational media fixates on figures and gestures that can be traced, mapped and calibrated. (shrink)

This book offers a reconstruction of the debate on non-Euclidean geometry in neo-Kantianism between the second half of the nineteenth century and the first decades of the twentieth century. Kant famously characterized space and time as a priori forms of intuitions, which lie at the foundation of mathematical knowledge. The success of his philosophical account of space was due not least to the fact that Euclidean geometry was widely considered to be a model of certainty at his time. However, such (...) later scientific developments as non-Euclidean geometries and Einstein’s general theory of relativity called into question the certainty of Euclidean geometry and posed the problem of reconsidering space as an open question for empirical research. The transformation of the concept of space from a source of knowledge to an object of research can be traced back to a tradition, which includes such mathematicians as Carl Friedrich Gauss, Bernhard Riemann, Richard Dedekind, Felix Klein, and Henri Poincaré, and which finds one of its clearest expressions in Hermann von Helmholtz’s epistemological works. Although Helmholtz formulated compelling objections to Kant, the author reconsiders different strategies for a philosophical account of the same transformation from a neo-Kantian perspective, and especially Hermann Cohen’s account of the aprioricity of mathematics in terms of applicability and Ernst Cassirer’s reformulation of the a priori of space in terms of a system of hypotheses. This book is ideal for students, scholars and researchers who wish to broaden their knowledge of non-Euclidean geometry or neo-Kantianism. (shrink)

Most social scientists and philosophers claim that sociology and philosophy are disjoint fields of inquiry. Some have wondered how to trace the precise boundary between them. Mario Bunge argues that the two fields are so entangled with one another that no demarcation is possible or, indeed, desirable. In fact, sociological research has demonstrably philosophical pre-suppositions. In turn, some findings of sociology are bound to correct or enrich the philosophical theories that deal with the world, our knowledge of it, or (...) the ways of acting upon it. While Bunge's thesis would hardly have shocked Mill, Marx, Durkheim, or Weber, it is alien to the current sociological mainstream and dominant philosophical schools. Bunge demonstrates that philosophical problematics arise in social science research. A fertile philosophy of social science unearths critical presuppositions, analyzes key concepts, refines effective research strategies, crafts coherent and realistic syntheses, and identifies important new problems. Bunge examines Marx's and Durkheim's thesis that social facts are as objective as physical facts; the so-called Thomas theorem that refutes the behaviorist thesis that social agents react to social stimuli rather than to the way we perceive them; and Merton's thesis on the ethos of basic science which shows that science and morality are intertwined. He considers selected philosophical problems raised by contemporary social studies and argues forcefully against tolerance of shabby work in academic social science and philosophy alike. (shrink)

Hermann von Helmholtz’s geometrical papers have been typically deemed to provide an implicitly group-theoretical analysis of space, as articulated later by Felix Klein, Sophus Lie, and Henri Poincaré. However, there is less agreement as to what properties exactly in such a view would pertain to space, as opposed to abstract mathematical structures, on the one hand, and empirical contents, on the other. According to Moritz Schlick, the puzzle can be resolved only by clearly distinguishing the empirical qualities of spatial perception (...) from those describable in terms of axiomatic geometry. This paper offers a partial defense of the group-theoretical reading of Helmholtz along the lines of Ernst Cassirer in the fourth volume of The Problem of Knowledge of 1940. In order to avoid the problem raised by Schlick, Cassirer relied on a Kantian view of space not so much as an object of geometry, but as a precondition for the possibility of measurement. Although the concept of group does not provide a description of space, the modern way to articulate the concept of space in terms of transformation groups reveals something about the structure and the transformation of spatial concepts in mathematical and natural sciences. (shrink)

This fascinating exploration of the great discoveries of history's most important mathematicians seeks an answer to the eternal question: Does mathematics hold the key to understanding the mysteries of the physical world?

It is generally argued that if the wave-function in the de Broglie–Bohm theory is a physical field, it must be a field in configuration space. Nevertheless, it is possible to interpret the wave-function as a multi-field in three-dimensional space. This approach hasn’t received the attention yet it really deserves. The aim of this paper is threefold: first, we show that the wave-function is naturally and straightforwardly construed as a multi-field; second, we show why this interpretation is superior to other interpretations (...) discussed in the literature; third, we clarify common misconceptions. (shrink)

Hermann von Helmholtz has been widely acknowledged as one of the forerunners of contemporary theories of measurement. However, his conception of measurement differs from later, representational conceptions in two main respects. Firstly, Helmholtz advocated an empiricist philosophy of arithmetic as grounded in some psychological facts concerning quantification. Secondly, his theory implies that mathematical structures are common to both subjective experiences and objective ones. My suggestion is that both of these differences depend on a classical approach to measurement, according to which (...) the arithmetic laws of addition define what is measurable as a particular domain for their application, and, at the same time, the extensibility of these laws to all known physical processes works as a heuristic principle for empirical research. Such an approach is worth reconsidering, not only because it lends plausibility to some of the controversial aspects of Helmholtz’s theory, but also because it offers a philosophical perspective on quantification problems that originated in the nineteenth-century.This paper draws insights on Helmholtz’s philosophical views from his engagement with the measurability of sensations via Fechner’s psychophysical law. This seems to be in contrast with the fact that the reception of Helmholtz’s theory culminated with the formulation of the theory of extensive measurement. I will contend that Helmholtz reached a no less important standpoint in the nineteenth-century debate on whether sensations are different (i.e., intensive) kinds of magnitudes and on how, if at all, they can be measured. (shrink)

Machine generated contents note: I. METAPHYSICS -- 1. How Do Realism, Materialism, and Dialectics Fare in Contemporary Science? -- 2. New Dialogues between Hylas and Philonous -- 3. Energy: Between Physics and Metaphysics -- 4. The Revival of Causality -- 5. Emergence and the Mind -- 6 SCIENTIFIC REALISM -- 6. The Status of Concepts -- 7. Popper's Unworldly World 3 --II. METHODOLOGY AND PHILOSOPHY OF SCIENCE -- 8. On Method in the Philosophy of Science -- 9. Induction in Science (...) -- 10. The GST Challenge to the Classical Philosophies of Science -- 11. The Power and Limits of Reduction -- 12. Thinking in Metaphors --III. PHILOSOPHY OF MATHEMATICS -- 13. Moderate Mathematical Fictionism -- 14. The Gap between Mathematics and Reality -- 15. Two Faces and Three Masks of Probability --IV. PHILOSOPHY OF PHYSICS -- 16. Physical Relativity and Philosophy -- 17. Hidden Variables, Separability, and Realism -- 18. Schrodinger's Cat Is Dead --V. PHILOSOPHY OF PSYCHOLOGY -- 19. From Mindless Neuroscience and Brainless Psychology to Neuropsychology -- 20. Explaining Creativity -- VI. PHILOSOPHY OF SOCIAL SCIENCE -- 21. Analytic Philosophy of Society and Social Science: -- The Systemic Approach as an Alternative to Holism and Individualism -- 22. Rational Choice Theory: A Critical Look at Its Foundations -- 23. Realism and Antirealism in Social Science --VII. PHILOSOPHY OF TECHNOLOGY -- 24. The Nature of Applied Science and Technology -- 25. The Technology-Science-Philosophy Triangle in Its Social Context -- 26. The Technologies in Philosophy --VIII. MORAL PHILOSOPHY -- 27. A New Look at Moral Realism -- 28. Rights Imply Duties --IX. SOCIAL AND POLITICAL PHILOSOPHY -- 29. Morality Is the Basis of Legal and Political Legitimacy -- 30. Technoholodemocracy: An Alternative to -- Capitalism and Socialism -- Bibliography -- Index of Names -- Index of Subjects. (shrink)