This study examines the use of disparaging and offensive trademarks and mascots by sports teams. Specifically, this study considers whether the continued use of Native American symbols and mascots in sports comports with the Christians-Nordenstreng conceptualization of social responsibility, which considers the three principles of human dignity, truth-telling, and nonmaleficence. To do this, the article considers the history and arguments both for and against the use of these symbols in sports communication. This article concludes with a discussion of how the (...) use of these trademarks does not fulfill the three principles of social responsibility and what that means for the symbols’ continued use. (shrink)

This essay attempts to explore trademark law and the marks themselves from a semiotic viewpoint to provide a deeper understanding to (trademark) law as a system of signs. Although the language of trademark law may suggest slightly different meanings, for the purpose of this essay “trademark” will refer to an area of law (unless otherwise indicated) and “mark” will refer to the individual sign. The first part of this essay will provide a brief overview of semiotics. (...) Second, it will outline a general look at trademark law as set forth in the Lanham Act. The third section is a semiotic approach to provide a deeper understanding of trademark law. Finally, the essay will analyze a seminal trademark case whilst using semiotics to address legal meaning within the case. Semiotics teaches that no absolute meaning can be found. This essay, then, attempts to secure at least one particular meaning of the Qualitex case and what it means in trademark law today. (shrink)

Natural sciences are credited with being the chief force in the process of rendering relative many elements of our world view. To make acceptable the relative character of the order of two poles for the public, however, is the task of (idealist) philosophy. I reduce the division of objective/subjective to sensible duality. To explain the belief in sensible duality, I use unusual means: personifying the sensible content. It is the distinction between present (as extension) and absolute present (as the absence (...) of extension), which I call the trademark of idealist philosophy. This distinction is based on the striking assertion that though finite time can be divided infinitely, but at the same time, this division is not permitted to be performed, protecting the conceptual substance. The noninfinite division of finite time results in the definition: present = an extension-atom. This short extension is an important component of the notion “original environment”. The message “total nonuniversality” does not exist without that “place”. (shrink)

Trademarks are not just property; they are aesthetic creations that pervade everyday experience. As pervasive aesthetic creations having literary, pictorial, graphic, sculptural, and musical content, trademarks deserve aesthetic analysis. So this paper discusses the origins, strength, appeal, and effectiveness of trademarks within the context of aesthetic considerations such as meaning, intention, authorship, and mode of creation. Also reviewed are morphemic and phonemic analysis of trademarks, semantic positioning, the dichotomy between creation and discovery of trademarks, and the differences between trademarks and (...) titles. The discussion is confined to "word marks" consisting of alphanumeric characters because discussing other kinds of marks (such as designs, configurations, sounds, colors, and scents) would raise issues well beyond the scope of a single article. (shrink)

The Internet presents opportunities for corporations to efficiently build their brands online and to enhance their global reach. But there are threats as well as opportunities, since anti-branding and free-riding activities are easier in cyberspace. One such threat is theunauthorized incorporation of a trademark into a domain name. This can lead to trademark dilution and cause consumer confusion. But some users claim a right to use these trademarks for the purpose of parody or criticism. Underlying these trademark (...) conflicts is the familiar tension between property rights and free speech rights. While some trademark scholars are reluctant to consider a trademark as property, we find strong support for the property paradigm in Hegel’s philosophy. Assuming that a trademark is an earned property right, we propose that a trademark owner should be allowed to control the permutations of its trademark incorporated into domain names unless a reasonable person would not confuse that domain name with the company’s mark. But we also conclude that there must be latitude to employ a domain name for negative editorial comment, so long as the source and purpose of that domain name is plainly apparent. (shrink)

The Internet presents opportunities for corporations to efficiently build their brands online and to enhance their global reach. But there are threats as well as opportunities, since anti-branding and free-riding activities are easier in cyberspace. One such threat is theunauthorized incorporation of a trademark into a domain name. This can lead to trademark dilution and cause consumer confusion. But some users claim a right to use these trademarks for the purpose of parody or criticism. Underlying these trademark (...) conflicts is the familiar tension between property rights and free speech rights. While some trademark scholars are reluctant to consider a trademark as property, we find strong support for the property paradigm in Hegel’s philosophy. Assuming that a trademark is an earned property right, we propose that a trademark owner should be allowed to control the permutations of its trademark incorporated into domain names unless a reasonable person would not confuse that domain name with the company’s mark. But we also conclude that there must be latitude to employ a domain name for negative editorial comment, so long as the source and purpose of that domain name is plainly apparent. (shrink)

If a trademark becomes a generic term, it may be cancelled under trademark law, a process known as genericide. Typically, in genericide cases, consumer surveys are brought into evidence to establish a mark’s semantic status as generic or distinctive. Some drawbacks of surveys are cost, delay, small sample size, lack of reproducibility, and observer bias. Today, however, much discourse involving marks is online. As a potential complement to consumer surveys, therefore, we explore an artificial intelligence approach based chiefly (...) on word embeddings: mathematical models of meaning based on distributional semantics that can be trained on texts selected for jurisdictional and temporal relevance. After identifying two main factors in mark genericness, we first offer a simple screening metric based on the ngram frequency of uncapitalized variants of a mark. We then add two word embedding metrics: one addressing contextual similarity of uncapitalized variants, and one comparing the neighborhood density of marks and known generic terms in a category. For clarity and validation, we illustrate our metrics with examples of genericized, somewhat generic, and distinctive marks such as, respectively, DUMPSTER, DOBRO, and ROLEX. (shrink)

The third edition of Webster’s International Dictionary, first published in 1961, represented a novel approach to lexicography. It recorded the English language used in everyday life, incorporating colloquial terms that previous grammarians would have considered unfit for any responsible dictionary. Many were scandalized by the new lexicography. Trademark lawyers were not the most prominent of these critics, but the concerns they expressed are significant because they touched on the core structure of the trademark as a form of property (...) in language. In the course of eavesdropping on everyday usage, Merriam-Webster’s lexicographers picked up on the use of trademarks as common nouns: “thermos” as a generic noun for any vacuum flask, “cellophane” as a term for transparent wrapping, and so on. If Webster’s Third were to be taken as sound evidence of the meaning of words, then the danger was that some of the most familiar marks in the USA would be judged “generic” in the legal sense, and would thereby cease to be proprietary. In this article, we explore the implications of this encounter between law and lexicographic technique. (shrink)

The Internet presents opportunities for corporations to efficiently build their brands online and to enhance their global reach. But there are threats as well as opportunities, since anti-branding and free-riding activities are easier in cyberspace. One such threat is theunauthorized incorporation of a trademark into a domain name. This can lead to trademark dilution and cause consumer confusion. But some users claim a right to use these trademarks for the purpose of parody or criticism. Underlying these trademark (...) conflicts is the familiar tension between property rights and free speech rights. While some trademark scholars are reluctant to consider a trademark as property, we find strong support for the property paradigm in Hegel’s philosophy. Assuming that a trademark is an earned property right, we propose that a trademark owner should be allowed to control the permutations of its trademark incorporated into domain names unless a reasonable person would not confuse that domain name with the company’s mark. But we also conclude that there must be latitude to employ a domain name for negative editorial comment, so long as the source and purpose of that domain name is plainly apparent. (shrink)

This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of "co-authorship" of trademarks by both the public and trademark owners. The book develops the "Economic-Social Planning justification", which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formulated in a manner which helps foster (...) a just and attractive culture. Trademarks are thus seen as source and origin identifiers, rather than quality identifiers. The book focuses on the often ignored role of the public and their rights in trademarks and calls for the adoption of the confusion rationale for trademark protection, not the dilution individualistic rationale. The two jurisdictions of this book prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts, thereby threatening the principles of freedom of expression as a human fundamental right. (shrink)

The legal protection of well-known trademarks is an exception to the fundamental principles of trademark law, i.e. territorality, registration and „speciality“. The well-known trademark is protected even if it had not been registered according to the national legal regulation of that state, in which protection is sought. The well-known trademark can also be protected even in respect to the goods and (or) services which are not similar to those for which the well-known trademark is used or (...) registered (in case the trademark is registered). (shrink)

Nike. McDonald’s Apple. These companies and many others invest millions of dollars each year protecting that one thing that distinguishes them in the marketplace – a trademark. A company’s trademark is the symbol that allows consumers to know that they are dealing with a particular company. This article addresses the extent to which some companies will go to obtain and protect a trademark. Specifically, it will address the fight between Cisco and Apple over the iPhone trademark, (...) as both companies took questionable steps in the United States and abroad to obtain rights to the iPhone mark. In addition, the basics of trademark law and ethical theories relevant to trademark law will be addressed. (shrink)

One strategy for indigenous producers competing with global capital is to obtain geographic source protection (a form of trademark) for products traditionally associated with a cultural grouping or region. The strategy is controversial, and this article adds an additional reason to be cautious about adopting it. Specifically, consumers increasingly consume brands not for the products they designate but for the affiliation with the brands themselves. Since the benefits of source protection depend upon a consumer's desire to have a product (...) actually from that source community, if consumers care more about the brand designation than the actual source, then those benefits will be more difficult to realize. In such an environment there would be tremendous pressure both to produce products that conform to (often exoticized) western images of cultures and to create property rights in the culture itself, empowering elites to further marginalize and suppress dissenting views. (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)

The web creates manyopportunities for encroachment on intellectualproperty including trademarks. Our principaltask in this paper is an investigation into anunusual form of such encroachment: theimproper use of metatags. A metatag is a pieceof HTML code that provides summary informationabout a web page. If used in an appropriatemanner, these metatags can play a legitimaterole in helping consumers locate information. But the ``keyword'' metatag is particularlysusceptible to manipulation. These tags can beeasily abused by web site creators anxious tobait search engines and bring (...) scores ofvisitors to their sites. The law aboutmetatags is far from settled and many legalscholars are uncomfortable with the conclusionthat the unauthorized use of a trademark in ametatag represents infringement. How should weassess this practice known as ``spamdexing'' froma normative perspective? Is it commercial fairplay or something more sinister? We make thecase here that there are salient moral problemswith spamdexing since it exploits thereputational goodwill of trademark owners andconfuses consumers. It violates basic moralduties and it flouts the golden rule principle. Hence unauthorized use of a competitor'strademark in a metatag is not morallyacceptable. (shrink)

For most of the 20th century, the condom in the United States was a cheap, useful, but largely unmentionable product. Federal and state statutes prohibited the advertising and open display of condoms, their distribution by mail and across state lines, and their sale for the purpose of birth control; in some states, even owning or using condoms was illegal. By the end of World War I, condoms were increasingly acceptable for the prevention of sexually transmitted disease, but their unique dual (...) function—for disease prevention and contraception—created ongoing ambiguities for sellers, consumers, and distributors as well as for legal, political, health, and moral leaders. Not until the 1970s did condoms emerge from the shadows and join other personal hygiene products on open drugstore and supermarket shelves and in national advertisements. Then came the 1980s and AIDS when, despite the rise of Ronald Reagan, the radical right’s demonization of condoms, and the initial reluctance of condom merchants to market to gay constituencies, the HIV/AIDS epidemic slowly but inexorably propelled the condom to the top of the prevention agenda. The condom’s journey from lewd device to global superstar was fitful, but colorful. The Comstock Act of 1873, prohibiting birth control information and devices, created a vast underground operation—periodically illuminated, however, by arrests, protests, legal proceedings, and media coverage. This essay chronicles one such moment of illumination: the legal battle in the 1920s and 1930s over the legitimacy and legality of the Trojan Brand condom trademark and the unusual series of advertisements produced by the Youngs Rubber Corporation, makers of Trojans, to dramatize the ethical and economic issues of the trademark battle. Culminating in Youngs Rubber Corporation v. C.I. Lee & Co., Inc. , this landmark case in trademark law established the right of the Trojan Brand condom, despite its ambiguous dual function, to the protection of a federal trademark. I seek to show how the Youngs antipiracy ad series illuminates the paradox of visibility by illuminating the paradox of any binary division: to establish the one depends inevitably on invoking or making visible—even if to suppress—the other. This essay is a case study in the negotiation of such a dialectic. (shrink)

One of the trademarks of Nicolai Hartmann’s ontology is his theory of levels of reality. Hartmann drew from many sources to develop his version of the theory. His essay “Die Anfänge des Schichtungsgedankens in der alten Philosophie” testifies of the fact that he drew from Plato, Aristotle, and Plotinus. But this text was written relatively late in Hartmann’s career, which suggests that his interest in the theories of levels of the ancients may have been retrospective. In “Nicolai Hartmann und seine (...) Zeitgenossen,” Martin Morgenstern puts the emphasis on contemporaries of Hartmann: Émile Boutroux, Max Scheler, Heinrich Rickert, Karl Jaspers, and Arnold Gehlen. But there is another plausible source for Hartmann’s conception of levels that has so far remained overlooked in the literature. Hartmann studied with and was influenced by Nikolai Lossky. Lossky has a theory of levels that he adopted from Vladimir Solovyov. Solovyov presents his theory of levels, among other places, in Oпpaвдaнie дoбpa, where he says that the five principal stages of the cosmogonic process of ascension toward universal perfection, which are given in experience, are the mineral or inorganic realm, the vegetal realm, the animal realm, the realm of natural humanity, and the realm of spiritual or divine humanity. This theory appears to bear significant similarities with the theory of levels of reality that Hartmann will develop a few decades later. Solovyov was widely read in Russia and it would be unlikely that Hartmann was not at least minimally acquainted with his work. Chances are that Hartmann came into contact with it in some details. An intellectual lineage could thus likely be traced from Hartmann back to Solovyov. In this paper, I document and discuss this possible lineage. (shrink)

With his trademark eloquence and humour, Robert Dessaix, one of Australia's eminent writers, tackles humbug in the modern worldandmdash;the tide of mumbo jumbo where words fall short of what they mean and motivations are not always what they appear. MUP's Little Books on Big Themes series pairs leading Australian thinkers and cultural figures with some of the big themes in life.

Philosophy is a discipline that makes no observations, conducts no experiments, and needs no input from experience. It is an armchair subject, requiring only thought. Yet that thought can advance knowledge in unexpected directions, not only through the discovery of new facts but also through the enhancement of what we already know. Philosophy can clarify our vision of the world and provide exciting ways to interpret it. Of course, philosophy's unified purpose hasn't kept the discipline from splintering into warring camps. (...) Departments all over the world are divided among analytical and continental schools, Heidegger, Hegel, and other major thinkers, challenging the growth of the discipline and obscuring its relevance and intent. Having spent decades teaching in American, Asian, African, and European universities, Michael Dummett has felt firsthand the fractured state of contemporary practice and the urgent need for reconciliation. Setting forth a proposal for renewal and reengagement, Dummett begins with the nature of philosophical inquiry as it has developed for centuries, especially its exceptional openness and perspective-which has, ironically, led to our present crisis. He discusses philosophy in relation to science, religion, morality, language, and meaning and recommends avenues for healing around a renewed investigation of mind, language, and thought. Employing his trademark frankness and accessibility, Dummett asks philosophers to resolve theoretical difference and reclaim the vital work of their practice. (shrink)

In developing his trademark use of “consonance” to prescribe a relationship between Christian faith and the natural sciences, Ernan McMullin drew on severaldistinctly Augustinian philosophical and theological themes during his fifty years of scholarship. Particularly prominent in McMullin’s work were an emphasis placed on Augustine’s biblical hermeneutic, which prioritized both literal and non-literal interpretive techniques, and Augustine’s epistemology of divine illumination. This paper examines several elements as part of an expository account of McMullin’s contribution toward the consonance between Christian (...) faith and the natural sciences. It also outlines McMullin’s theory of retroduction and his account of scientific realism, both of which are philosophical positions that provide additional support for consonance from an epistemological perspective. I conclude that for McMullin, consonance is a differentiated term that hints at underlying metaphysical claims without necessarily delineating the nature of those claims. (shrink)

In attempting to answer the question posed by this book's title, Giorgio Agamben does not address the idea of philosophy itself. Rather, he turns to the apparently most insignificant of its components: the phonemes, letters, syllables, and words that come together to make up the phrases and ideas of philosophical discourse. A summa, of sorts, of Agamben's thought, the book consists of five essays on five emblematic topics: the Voice, the Sayable, the Demand, the Proem, and the Muse. In keeping (...) with the author's trademark methodology, each essay weaves together archaeological and theoretical investigations: to a patient reconstruction of how the concept of language was invented there corresponds an attempt to restore thought to its place within the voice; to an unusual interpretation of the Platonic Idea corresponds a lucid analysis of the relationship between philosophy and science, and of the crisis that both are undergoing today. In the end, there is no universal answer to what is an impossible or inexhaustible question, and philosophical writing—a problem Agamben has never ceased to grapple with—assumes the form of a prelude to a work that must remain unwritten. (shrink)

The design inference uncovers intelligent causes by isolating their key trademark: specified events of small probability. Just about anything that happens is highly improbable, but when a highly improbable event is also specified undirected natural causes lose their explanatory power. Design inferences can be found in a range of scientific pursuits from forensic science to research into the origins of life to the search for extraterrestrial intelligence. This challenging and provocative 1998 book shows how incomplete undirected causes are for (...) science and breathes new life into classical design arguments. It will be read with particular interest by philosophers of science and religion, other philosophers concerned with epistemology and logic, probability and complexity theorists, and statisticians. (shrink)

Recently ethical implications of human resource management have intensified the focus on care perspectives in management and organization studies. Appeals have also been made for the concept of organizational care to be grounded in philosophies of care rather than business theories. Care perspectives see individuals, especially women, as primarily relational and view work as a means by which people can increase in self-esteem, self-develop and be fulfilled. The ethic of care has received attention in feminist ethics and is often socially (...) construed as a feminine ethic. Although well developed in the caring professions there remains no model or definition of the care ethic in management literature with little care research undertaken. This paper develops the concept of the care ethic using Heidegger’s philosophy, namely, care is fundamental to human being. To show Heideggerian care, an individual notices, pays attention to another and responds in ways to empower and enable. In a study which aimed to analyze women’s lived experience of career, we applied the philosophically grounded methodology hermeneutic phenomenology. Findings revealed the power of Heideggerian care, Sorge, as a key factor in creating meaning. From this, we propose that care has potential as a theoretical and philosophically based construct with strong practical implications. It provides a way of understanding the care ethic, lies at the heart of our being, and is essential to meaning in our grelationships and undertakings. Crucially, it can provide reprieve from the existential angst that trademarks our being. (shrink)

Psychopaths exhibit diminished ability to grieve. Here I address whether this inability can be explained by the trademark feature of psychopaths, namely, their diminished capacity for interpersonal empathy. I argue that this hypothesis turns out to be correct, but requires that we conceptualize empathy not merely as an ability to relate (emotionally and ethically) to other individuals but also as an ability to relate to past and present iterations of ourselves. This reconceptualization accords well with evidence regarding psychopaths’ intense (...) focus on the temporal present and difficulties in engaging in mental time travel, as well as with the essentially egocentric and identity-based nature of grief. -/- . (shrink)

This paper delves into the nature of intellectual property rights in aesthetic creations, particularly works of visual art and literary works. The discussion focuses on copyrights interests, but there are also implications for trademark and patent rights. The argument assumes a fairly conventional definition of "property," namely, the set of legal relations between the owner and all other persons relating to the use, enjoyment and disposition of a tangible thing. The problem with such a definition as applied to aesthetic (...) creations is that no ordinary tangible thing necessarily embodies a creation which can exist in multiple copies, so the paper takes the transcendent view that the tangible thing subject to legal relations is the entire terra firma or material universe being shaped in the image, sounds or words of the aesthetic creation. Therefore, the paradigm suggested for intellectual property is a monopoly on shaping the entire physical universe, thus the Worldmaking concept. It then follows that intellectual property in an aesthetic creation enables the owner to stop plagiarists from using any part of the material world to recreate in the audience the imaginative experiences first created by the protected work. (shrink)

"Taken as a trilogy, _consent not to be a single being_ is a monumental accomplishment: a brilliant theoretical intervention that might be best described as a powerful case for blackness as a category of analysis."—Brent Hayes Edwards, author of _Epistrophies: Jazz and the Literary Imagination_ In _The Universal Machine_—the concluding volume to his landmark trilogy _consent not to be a single being_—Fred Moten presents a suite of three essays on Emmanuel Levinas, Hannah Arendt, and Frantz Fanon in which he explores (...) questions of freedom, capture, and selfhood. In trademark style, Moten considers these thinkers alongside artists and musicians such as William Kentridge and Curtis Mayfield while interrogating the relation between blackness and phenomenology. Whether using Levinas's idea of escape in unintended ways, examining Arendt's antiblackness through Mayfield's virtuosic falsetto and Anthony Braxton's musical language, or showing how Fanon's form of phenomenology enables black social life, Moten formulates blackness as a way of being in the world that evades regulation. Throughout _The Universal Machine_—and the trilogy as a whole—Moten's theorizations of blackness will have a lasting and profound impact. (shrink)

Twenty years ago, Alain Badiou's first Manifesto for Philosophy rose up against the all-pervasive proclamation of the "end" of philosophy. In lieu of this problematic of the end, he put forward the watchword: "one more step". The situation has considerably changed since then. Philosophy was threatened with obliteration at the time, whereas today it finds itself under threat for the diametrically opposed reason: it is endowed with an excessive, artificial existence. "Philosophy" is everywhere. It serves as a trademark for (...) various media pundits. It livens up cafés and health clubs. It has its magazines and its gurus. It is universally called upon, by everything from banks to major state commissions, to pronounce on ethics, law and duty. In essence, "philosophy" has now come to stand for nothing other than its most ancient enemy: conservative ethics. Badiou's second manifesto therefore seeks to demoralize philosophy and to separate it from all those "philosophies" that are as servile as they are ubiquitous. It demonstrates the power of certain eternal truths to illuminate action and, as such, to transport philosophy far beyond the figure of "the human" and its "rights". There, well beyond all moralism, in the clear expanse of the idea, life becomes something radically other than survival. (shrink)

Filmosophy is a provocative new manifesto for a radically philosophical way of understanding cinema. It coalesces twentieth-century ideas of film as thought (from Hugo Münsterberg to Gilles Deleuze) into a practical theory of "film-thinking," arguing that film style conveys poetic ideas through a constant dramatic "intent" about the characters, spaces, and events of film. Discussing contemporary filmmakers such as Béla Tarr and the Dardenne brothers, this timely contribution to the study of film and philosophy will provoke debate among audiences and (...) filmmakers alike. FILMOSOPHY ® is a registered U.S. trademark owned by Valentin Stoilov (www.filmosophy.com) for educational services in the field of motion picture history theory and production. Mr. Stoilov is not the source or origin of this book and has not sponsored or endorsed it or its author. (shrink)

This volume, which illustrates the originality, force, and scope of his work, also displays Nozick's trademark blending of extraordinary analytical rigor with ...

In lieu of an abstract, here is a brief excerpt of the content:"What Is Philosophy?"The Status of World Philosophy in the ProfessionRobert C. SolomonThe question "What is philosophy?" is both one of the most virtuously self-effacing and one of the most obnoxious that philosophers today tend to ask. It is virtuously self-effacing insofar as it questions, with some misgivings, its own behavior, the worth of the questions it asks, and the significance of the enterprise itself. It is obnoxious when it (...) refuses to question its own behavior but instead takes that same behavior as the exclusive standard to delegitimize any other activity that dares to call itself "philosophy." Thus, for most of this century, Anglo-American and most European philosophers have simply ignored the rich philosophical traditions of Africa, Asia, Latin and Native America, and the rest of the world. Some leading African American and African European philosophers have dismissed "ethnophilosophy" as "not philosophy," presumably to protect their own analytic credentials. Universities as far flung as Singapore, Sierra Leone, and New Delhi have prided themselves on their fidelity to Oxbridge philosophy. It seems that the globalization of free market economics goes with the globalization of one brief moment in philosophy, with similarly devastating effects on local cultures and the rich varieties of human experience.Philosophy might be thought of as made up of two components: critical thinking and passionate vision. But "critical thinking" does not necessarily imply the hermeneutics of suspicion, skepticism, or intellectual paranoia—all too often the trademarks of the bright young professional philosopher. One can be "critical," that is, reflective, while at the same time be committed, even devoted, to an idea or a way of thinking. The emphasis on passionate vision, however, is just as essential, and any philosophy that doesn't include both components just isn't worthy of the name. Without passionate vision, we get that utterly eviscerated focus on forms of argumentation—philosophia minimalia—devoid of "empirical" content (that is to say, content) and, as far as most people are concerned, devoid of any interest. Without critical reflection, we get gullibility and the worst of New Age philosophy, accepting of any kind of nonsense, just because it stirs the passions. But simply to assume that philosophy must be as rigorously self-questioning as modern European and Anglo-American philosophy is a subtle form of ethnic chauvinism. It eliminates from the realm of philosophy not only African ethnophilosophy and Latin and Native American and South Pacific mythology but a good deal of the philosophy of religion, the basis (for better or worse) of the development of Western philosophy over much of the past two thousand years. [End Page 100]I have just withdrawn from a recent dispute, in a respectable and supposedly eclectic philosophy journal, in which my worst fears in this regard were rather bluntly confirmed. I had made the point mentioned above—rather matter-of-factly, I thought—that if (analytic) philosophy dismisses or ignores modes of thinking that are not obviously self-critical and are presented poetically instead of by way of positions to be argued for, then a good deal of the world's philosophy, including a good deal of Western philosophy, would be left out of the arena. The journal's board reacted indignantly, to put it mildly, to the suggestion that anything should count as "philosophy" that was not sufficiently self-critical in just this sense. But what about the millennium or so of religious philosophy in the West? Does anyone believe that thinkers like Anselm, or Alvin Plantiga for that matter, are seriously skeptical of the truth of Christianity, as they go through their admittedly brilliant argumentative routines? For that matter, to what extent is the emphasis on logical form and argument subjected to scrutiny in contemporary analytic philosophy? (As one of the foremost practitioners of that art commented, "Metaphilosophy makes me sick.")Some of the hostility to world philosophy, to be sure, turns on the conflict between philosophy and religion, which may have its origins in ancient and medieval philosophy but emerges full-blown with the Enlightenment and its campaign against "superstition." But many people and a good many cultures do not distinguish between philosophy and religion. If we consider the word "philosophy... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:"What Is Philosophy?"The Status of World Philosophy in the ProfessionRobert C. SolomonThe question "What is philosophy?" is both one of the most virtuously self-effacing and one of the most obnoxious that philosophers today tend to ask. It is virtuously self-effacing insofar as it questions, with some misgivings, its own behavior, the worth of the questions it asks, and the significance of the enterprise itself. It is obnoxious when it (...) refuses to question its own behavior but instead takes that same behavior as the exclusive standard to delegitimize any other activity that dares to call itself "philosophy." Thus, for most of this century, Anglo-American and most European philosophers have simply ignored the rich philosophical traditions of Africa, Asia, Latin and Native America, and the rest of the world. Some leading African American and African European philosophers have dismissed "ethnophilosophy" as "not philosophy," presumably to protect their own analytic credentials. Universities as far flung as Singapore, Sierra Leone, and New Delhi have prided themselves on their fidelity to Oxbridge philosophy. It seems that the globalization of free market economics goes with the globalization of one brief moment in philosophy, with similarly devastating effects on local cultures and the rich varieties of human experience.Philosophy might be thought of as made up of two components: critical thinking and passionate vision. But "critical thinking" does not necessarily imply the hermeneutics of suspicion, skepticism, or intellectual paranoia—all too often the trademarks of the bright young professional philosopher. One can be "critical," that is, reflective, while at the same time be committed, even devoted, to an idea or a way of thinking. The emphasis on passionate vision, however, is just as essential, and any philosophy that doesn't include both components just isn't worthy of the name. Without passionate vision, we get that utterly eviscerated focus on forms of argumentation—philosophia minimalia—devoid of "empirical" content (that is to say, content) and, as far as most people are concerned, devoid of any interest. Without critical reflection, we get gullibility and the worst of New Age philosophy, accepting of any kind of nonsense, just because it stirs the passions. But simply to assume that philosophy must be as rigorously self-questioning as modern European and Anglo-American philosophy is a subtle form of ethnic chauvinism. It eliminates from the realm of philosophy not only African ethnophilosophy and Latin and Native American and South Pacific mythology but a good deal of the philosophy of religion, the basis (for better or worse) of the development of Western philosophy over much of the past two thousand years. [End Page 100]I have just withdrawn from a recent dispute, in a respectable and supposedly eclectic philosophy journal, in which my worst fears in this regard were rather bluntly confirmed. I had made the point mentioned above—rather matter-of-factly, I thought—that if (analytic) philosophy dismisses or ignores modes of thinking that are not obviously self-critical and are presented poetically instead of by way of positions to be argued for, then a good deal of the world's philosophy, including a good deal of Western philosophy, would be left out of the arena. The journal's board reacted indignantly, to put it mildly, to the suggestion that anything should count as "philosophy" that was not sufficiently self-critical in just this sense. But what about the millennium or so of religious philosophy in the West? Does anyone believe that thinkers like Anselm, or Alvin Plantiga for that matter, are seriously skeptical of the truth of Christianity, as they go through their admittedly brilliant argumentative routines? For that matter, to what extent is the emphasis on logical form and argument subjected to scrutiny in contemporary analytic philosophy? (As one of the foremost practitioners of that art commented, "Metaphilosophy makes me sick.")Some of the hostility to world philosophy, to be sure, turns on the conflict between philosophy and religion, which may have its origins in ancient and medieval philosophy but emerges full-blown with the Enlightenment and its campaign against "superstition." But many people and a good many cultures do not distinguish between philosophy and religion. If we consider the word "philosophy... (shrink)

Chemical structures are among the trademarks of our profession, as surely chemical as flasks, beakers and distillation columns. When someone sees one of us busily scribbling formulas or structures, he or she has no trouble identifying a chemist. Yet these familiar objects, which accompany our work from start to end, from the initial doodlings (Fig. I) to the final polished artwork in a publication (Fig. II), are deceptively simple. They raise interesting and difficult questions about representation. It is the intent (...) of this article to reflect upon molecular graphics. (shrink)

Gregory Currie is one of the world’s preeminent philosophers of art and a highly-respected philosopher of mind. Imagining and Knowing: the Shape of Fiction is his seventh book, with his conspicuous contributions to the analytic tradition of philosophy including the first systematic philosophical aesthetics in no less than two fields, film (Image and Mind: Film, Philosophy and Cognitive Science, 1995) and narrative (Narratives and Narrators: A Philosophy of Stories, 2010). Currie’s trademark approach is the seamless integration of art criticism (...) and aesthetic theory on the one hand with empirical psychology and evolutionary biology on the other and Imagining and Knowing follows suit. His stated aim is twofold: to make a convincing case for the significance of the imagination to the understanding of and engagement with fiction and to make an equally convincing case against the significance of fiction as a source of knowledge. The monograph consists of an introduction, eleven chapters divided into three parts, and a coda. Part I is concerned with making a case for imagining fiction, defending fiction as an utterance over fiction as a genre (Chapter 1) and the role of the imagination in the engagement with fiction (Chapter 2). This role is fleshed out by means of Currie’s conceptions of ‘desires in imagination, or i-desires’ (Chapter 3) and i-emotions (Chapter 4), which also provide neat solutions to both the paradox of fiction and the imaginative resistance debates (56). Part II sets the scene for the case against fictional knowledge, establishing an epistemic taxonomy (Chapter 5), arguing that claims about the cognitive value of fiction should cohere with the findings of experimental psychology (Chapter 6), and debunking evolutionary claims for the significance of fiction (Chapter 7). Part III presents Currie’s deflationary account, tackling each of what he considers to be the four most convincing arguments for learning from fiction in turn: fictional thought experiments (Chapter 8), truth in literature (Chapter 9), the psychology of authors (Chapter 10), and the relationship between fiction and empathy (Chapter 11). (shrink)

A Unified Treatment of Moore's Paradox is the culmination of a decades-long engagement with Moore's paradox by the world's leading authority on the subject, the late John Williams. The book offers a comprehensive account of Moore's paradox in thought and speech, both in its comissive and omissive forms. Williams argues that Moorean absurdity comes in degrees, and shows that contrary to one tradition in the literature on Moore's Paradox, we cannot explain Moorean absurdity in speech in terms of Moorean absurdity (...) in thought, but must account for each form of absurdity in its own terms. Williams also explores the extent to which Moore's paradox may arise for attitudes other than belief, such as desire. Written with Williams' trademark clarity and wit, the book is packed with arguments bearing on a wide range of topics in epistemology, the philosophy of language, and the philosophy of mind. (shrink)

Rather than making another attempt at proposing a single and unifying theory of global health justice, this timely collection brings together, instead, scholars from a range of traditions to frame the issue more broadly, highlighting not only different perspectives but also key topics and debates. -/- The volume features chapters that offer both new theoretical approaches to global health justice, as well as fresh takes on existing frameworks. Others adopt a bottom-up approach to tackle specific problems, including the sexual rights (...) of children and adolescents, artificial intelligence (AI) in medicine, framing of neglected tropical diseases, securitization of health, and trademarks in global health. Brought together within one volume, the breadth of these chapters provides a unique and enlightening contribution to the wider Global Health field. -/- This important volume will be a fascinating read for students and researchers across Global Health, Bioethics, Political Philosophy, and Global Development. (shrink)

FoLLI-LNCS is the publication platform for the Association of Logic, Language and Information. The Association was founded in 1991 to advance research and education on the interface between logic, linguistics, computer science, and cognitive science. The FoLLI Publications on Logic, Language and Information aim to disseminate results of cutting-edge research and tutorial materials in these interdisciplinary areas. This LNCS volume is part of FoLLi book serie and contains the papers presented at the 5th International Workshop on Logic, Rationality and Interaction/, (...) held in October 2015 in Taipei, Taiwan. The topics covered in this program well represent the span and depth that hasby now become a trademark of the LORI workshop series, where logic interfaceswith disciplines as diverse as game theory and decision theory, philosophyand epistemology, linguistics, computer science and artificial intelligence. (shrink)

The award-winning engineer, Air Force lieutenant colonel, and author of F.I.R.E offers a road map for designing winning new products, services, and business models, and shows how to avoid complexity-related pitfalls in the process. With a foreword by design guru Don Norman.Humans make things every day, whether it's composing an e-mail, cooking a meal, or constructing the Mars Rover. While complexity is often necessary in the development process, unnecessary complexity adds complications. The Simplicity Cycle provides the secret to striking the (...) proper balance. Dan Ward shines a light on how complexity affects the things we make for good or ill, taking us on a journey through the process of making things, with a particular focus on identifying and avoiding complexity-related pitfalls.The standard development process involves increasing complexity to improve the outcome, Ward explains. The problem comes when the complexity starts getting in the way--but often we don't know where that point is until we pass it. He suggests a number of techniques for identifying the problem and fixing it, including how to overcome several types of wrongheaded thinking--such as the idea that complexity and quality are the same. In clear, compelling language, and using his trademark mix of examples from research, personal experience, and pop culture, Ward offers a universal concept, visually described with a single, evolving diagram.Ideal for business leaders and technologists, The Simplicity Cycle is helpful for anyone looking to simplify and improve everything we do, whether we work in an office, at home, or at the Pentagon. (shrink)

Extruded polystyrene (XPS) otherwise known as a thermoplastic polymer has a closed cell structure and is often stronger, with a higher mechanical performance. XPS is a pressed material and is sold in different thicknesses ranging from 2 cm to 10 cm, thus having a weight that varies from 28 to 45 kg/m3 due to the force and pressure exerted on it. In general, XPS material has very low thermal conductivity and is resistant to bending. This material obtains typical values of (...) thermal conductivity between 0.025 and 0.040 W/m∙K., which means that it is ideal for surfaces that have to withstand weight, continuous traffic, etc. It is also resistant to moisture absorption and has a homogeneous density. Other characteristics of the material are good acoustic properties, easy assembly, and high durability over time. It should always be kept in mind that the surface where the thermal insulation will be applied must be leveled, cleaned, and dried. Primer is applied, before placing the thermal insulation on the surface. Then, XPS boards are placed on the surface, adhering to the corresponding mortar. This paper will deal with different cases of application of XPS tiles in the city of Tirana. A closer look at the resistance of this material from the day of application until today will be analyzed. The results during the observations showed high thermal stability of the material and no mold surface. EPS Expanded Polystyrene, otherwise known by the Dow Chemical trademark name STYROFOAM, is a lightweight product made from expanded plastic beads. It was first discovered by Eduard Simon in 1839 in Germany. EPS in its composition has 95% air and only about 5% plastic. This material is used because of its excellent properties, including good thermal insulation, good protective properties, and extremely lightweight. EPS is inert in nature and therefore does not result in any chemical reaction. EPS is durable, strong, and lightweight and can be used as an insulated panel system for facades, walls, roofs, and floors, as floating material in marine construction, and as a lightweight filler in road and railway construction. Different examples from the city of Tirana, of buildings where XPS and EPS materials are applied, are going to be analyzed, drawing conclusions. (shrink)

_An insightful and passionately written book explaining why a return to Enlightenment ideals is good for the world__ "Beginning with the simple but fertile idea that people should not push other people around, Deirdre McCloskey presents an elegant defense of 'true liberalism' as opposed to its well-meaning rivals on the left and the right. Erudite, but marvelously accessible and written in a style that is at once colloquial and astringent."—Stanley Fish__ The greatest challenges facing humankind, according to Deirdre McCloskey, are (...) poverty and tyranny, both of which hold people back. Arguing for a return to true liberal values, this engaging and accessible book develops, defends, and demonstrates how embracing the ideas first espoused by eighteenth-century philosophers like Locke, Smith, Voltaire, and Wollstonecraft is good for everyone. With her trademark wit and deep understanding, McCloskey shows how the adoption of Enlightenment ideals of liberalism has propelled the freedom and prosperity that define the quality of a full life. In her view, liberalism leads to equality, but equality does not necessarily lead to liberalism. Liberalism is an optimistic philosophy that depends on the power of rhetoric rather than coercion,_ and on ethics, free speech, and facts in order to thrive. (shrink)

The COVID-19 pandemic is a man-made disaster, caused by undue interference in the ecological balance and the lives of multiple species. Paradoxically, the contagion has resulted in increased use of technology and digital mediation, as well as enhanced hopes for vaccines and biomedical solutions. It has thereby intensified humans’ reliance on the very high-tech economy of cognitive capitalism that caused the problems in the first place. This combination of ambivalent elements in relation to the Fourth Industrial revolution and the Sixth (...) Extinction is the trademark of the posthuman condition. This essay explores this condition further, offering both critical and affirmative propositions for moving forward. (shrink)

Self-recognition by 86 children was assessed using the mirror mark test in two different social contexts. In the classic mirror task condition, only the child was marked prior to mirror exposure . In the social norm condition, the child, experimenter, and accompanying parent were marked prior to the child’s mirror exposure . Results indicate that in both conditions children pass the test in comparable proportion, with the same increase as a function of age. However, in the Norm condition, children displayed (...) significantly more hesitation while removing the mark, often touching it without removing it or, if so, promptly putting the mark back onto their forehead. In the Classic condition, only one child showed such hesitation. These results suggest that from the outset, mirror self-recognition can refer to social awareness. This link is interpreted as the trademark of human self-consciousness, a deeply rooted “looking glass” self-awareness. (shrink)

The trajectory of Friedrich Nietzsche’s thought has long presented a difficulty for the study of his philosophy. How did the young Nietzsche—classicist and ardent advocate of Wagner’s cultural renewal—become the philosopher of Will to Power and the Eternal Return? With this book, Laurence Lampert answers that question. He does so through his trademark technique of close readings of key works in Nietzsche’s journey to philosophy: The Birth of Tragedy, Schopenhauer as Educator, Richard Wagner in Bayreuth, Human All Too Human, (...) and “Sanctus Januarius,” the final book of the 1882 Gay Science. Relying partly on how Nietzsche himself characterized his books in his many autobiographical guides to the trajectory of his thought, Lampert sets each in the context of Nietzsche’s writings as a whole, and looks at how they individually treat the question of what a philosopher is. Indispensable to his conclusions are the workbooks in which Nietzsche first recorded his advances, especially the 1881 workbook which shows him gradually gaining insights into the two foundations of his mature thinking. The result is the most complete picture we’ve had yet of the philosopher’s development, one that gives us a Promethean Nietzsche, gaining knowledge even as he was expanding his thought to create new worlds. (shrink)