The application of semiotics in trade mark law is an interdisciplinary endeavour in its infancy. The author traces its genesis in recent years and situates it within the context of general theoretical approaches, in particular of an interdisciplinary kind, appearing in the trade mark law literature in the past. The purposes for which such theories are applied, and questions of methodology arising from this, are examined. In particular, it is observed that semiotic theory has, by and large, been used for (...) the purpose of debating legal policy in trade mark law (especially in the United States), and that this has given rise to argument about the extent to which semiotic theory can exert any normative force of its own upon the law. This article offers a different perspective. It is sought to demonstrate the usefulness of theoretical semiotics in solving trade mark law questions in practice. The author emphasises that this involves no threat to orthodox legal problem-solving methodology (whatever one may think of the orthodoxy), and in particular does not require the normative use of semiotic theory. Taking as a starting point the concept of ‹trade mark use’, and having regard to trade mark law and literature in Europe, the United States and Australia, the author proceeds to demonstrate the proposed approach by reference to some current problems in trade mark infringement. (shrink)

This a general account of the school of Mo-tzu, its social basis as a movement of craftsmen, its isolated place in the Chinese tradition, and the nature of its later contributions to logic, ethics, and science. It assesses the relation of Mohist thinking to the structure of the Chinese language, and grapples with the textual dynamics of later Mohist writings, particularly in regard to grammar and style, technical terminology, the use and significance of stock examples, and overall organization. Includes edited (...) and annotated Chinese text with an English translation and commentary, a glossary, and a photographic reproduction of the unemended text from the Taoist Patrology. (shrink)

Since Freud's earliest psychoanalytic theorisation around the beginning of the twentieth-century, the concept of the unconscious has exerted an enormous influence upon psychoanalysis and psychology, literary, critical and social theory. Yet prior to Freud, the concept of the unconscious already possessed a complex genealogy in nineteenth-century German philosophy and literature, beginning with the aftermath of Kant's Critical Philosophy and the origins of German Idealism, and extending into the discourses of Romanticism and beyond. Despite the many key thinkers who contributed to (...) the Germanic discourses on the unconscious, the English speaking world remains comparatively unaware of this heritage and its influence upon the origins of psychoanalysis. Bringing together a collection of experts in the fields of German Studies, Continental Philosophy, the History and Philosophy of Science, and the History of Psychoanalysis, this volume examines the various theorisations, representations and transformations undergone by the concept of the unconscious in nineteenth-century German thought"--Provided by publisher. (shrink)

"A previous edition of this book appeared under the title Magpies, Monkeys, and Morals. The new edition has been updated throughout.

It is argued that reliance on the testimony of others cannot be viewed as reliance on a kind of evidence. Speech being essentially voluntary, the speaker cannot see his own choice of words as evidence of their truth, and so cannot honestly offer them to others as such. Rather, in taking responsibility for the truth of what he says, the speaker offers a guarantee or assurance of its truth, and in believing him the hearer accepts this assurance. I argue that, (...) contrary to appearances, this account is compatible with the hearer acquiring knowledge, and in fact throws interesting light on the idea of knowledge. -/- . (shrink)

The Abbé Sieyès is usually portrayed as a thoroughly modern thinker and a critic of the nostalgic Classical Republicanism of some of his contemporaries, in favour of a “modern republicanism”, founded upon the division of labour and commercial sociability in a nation composed of equal labourers and producers. But Sieyès’s unpublished manuscripts suggest he, in fact, regarded modern labourers as unskilled “Machines du Travail”, dulled by work and incapable of exercising the duties of citizenship, a critique grounded in a critical (...) account of commercial society as compared to the ideal republican polity. Where most scholars regard this as either a simple contradiction or a passing juvenile nostalgia, this paper argues that, influenced by Jean-Jacques Rousseau, Sieyès consistently sought to counteract the degrading effects of the inequalities generated by commercial society and the division of labour. It was on this basis that Sieyès sought to construct a new political system which would reconcile participatory politics with representative government, enabling all citizens to enjoy a life of Active Citizenship. Based on these insights, this paper reinterprets Sieyès’s political project as an attempt to reconcile the classical conception of citizenship with the demands of a commercial society. (shrink)

Part I: The 'explanatory gap'. 1. Why take morality to be objective? -- 2. The gap opens: evolution and our capacity for moral knowledge -- Part II: Secular responses. 3. Alternatives to realism: Simon Blackburn and Allan Gibbard -- 4. Procedures and reasons: Tim Scanlon and Christine Korsgaard -- 5. Natural goodness: Philippa Foot's moral objectivism -- 6. Natural goodness and 'second nature': John McDowell and David Wiggin -- Part III: Theism. 7. From goodness to God: closing the explanatory gap (...) -- 8. Purpose without theism? Axiarchism and Neoplatonism. (shrink)

This paper arises out of the transition from a PhD thesis on Heidegger's phenomenology to my attempts to come to terms with ‘becoming a teacher’. The paper will provide a phenomenological interpretation of being a teacher in relation to the question of an ‘authentic’ interpretation of teaching/learning and the possibility of an authentic interpretative praxis. I will argue that being a teacher is a phenomenon of human existence which can be interpreted as a possible way of being with authentic and (...) inauthentic potentialities. This way of being is intrinsically linked to that of learning; of becoming human or becoming the authentic possibilities of being‐human. As such, the problem of being a teacher is primarily an ethical question (or a question of ɛτηοσ—dwelling); of who we are as humans and of how being a teacher engages with the in‐formation of the becoming of students as authentic human beings. This then leads to the problem of how a phenomenological interpretation of education can be applied or lived; of authenticity in teaching/learning and the possibilities of authentic learning environments (educational dwelling). (shrink)

Machine generated contents note: Preface; Introduction Angus Dawson; Part I. Concepts: 1. Resetting the parameters: public health as the foundation for public health ethics Angus Dawson; 2. Health, disease and the goal of public health Bengt Brülde; 3. Selective reproduction, eugenics and public health Stephen Wilkinson; 4. Risk and precaution Stephen John; Part II. Issues: 5. Smoking, health and ethics Richard Ashcroft; 6. Infectious disease control Marcel Verweij; 7. Population screening Ainsley Newson; 8. Vaccination ethics Angus Dawson; (...) 9. Environment, ethics and public health: the climate change dilemma Anthony Kessel and Carolyn Stephens; 10. Public health research ethics: is non-exploitation the new principle for population-based research ethics? John McMillan; 11. Equity and population health: toward a broader bioethics agenda Norman Daniels; 12. Health inequities James Wilson; Index. (shrink)

Despite its central position in the history of European and Christian thought on the protection of human dignity, the virtue of mercy is currently a problematic and under-developed concept in business ethics, compared to related ideas of care, compassion or philanthropy. The aim of this article is to argue for its revival as a core principle of ethical business practice. The article is conceptual in method. An overview is provided of the scope of contemporary business ethics research on related topics (...) and clarifies some of the similarities and differences between mercy and popular terms, such as compassion and prosocial behaviour. The question is then explored as to why mercy has so little traction in business ethics. Some of the history of the idea of mercy in European and Anglophone philosophy is discussed, from Anselm and Aquinas to the present day, showing how discourse on mercy came to be split into a wider concept of the prevention and alleviation of suffering (_misericordia_) and a narrower one of clemency or leniency. Aquinas’s wide concept of the virtue of _misericordia_ is developed as the basis for a principle of mercy, which is applicable directly to corporations. The practical implications of this for standards of corporate behaviour towards employees and other stakeholders are then considered through the introduction of a ‘vulnerability grid’. The grid offers a critical contrast to other analysis tools, such as stakeholder power-interest matrices. Cases drawn from empirical studies are used to illustrate application of the grid and to challenge some common assumptions of stakeholder theory. (shrink)

This paper arises out of the transition from a PhD thesis on Heidegger's phenomenology to my attempts to come to terms with 'becoming a teacher'. The paper will provide a phenomenological interpretation of being a teacher in relation to the question of an 'authentic' interpretation of teaching/learning and the possibility of an authentic interpretative praxis. I will argue that being a teacher is a phenomenon of human existence which can be interpreted as a possible way of being with authentic and (...) inauthentic potentialities. This way of being is intrinsically linked to that of learning; of becoming human or becoming the authentic possibilities of being-human. As such, the problem of being a teacher is primarily an ethical question (or a question of ɛτηοσ—dwelling); of who we are as humans and of how being a teacher engages with the in-formation of the becoming of students as authentic human beings. This then leads to the problem of how a phenomenological interpretation of education can be applied or lived; of authenticity in teaching/learning and the possibilities of authentic learning environments (educational dwelling). (shrink)

In these twelve papers notable ethicists use the resources of ethical theory to illuminate important theoretical and practical topics, including the nature of public health, notions of community, population bioethics, the legitimate role of law, the use of cost-effectiveness as a methodology, vaccinations, and the nature of infectious disease.

In Strawson’s “Freedom and Resentment”, the idea of the reactive attitudes is used to provide a corrective for an over-intellectualised picture of moral responsibility and of the moral life generally. But Strawson also tells us that in reasoning with someone our attitude towards them must be reactive. Taking up that thought, I argue that Strawson has also provided us with a corrective for an over-intellectualised picture of rationality. Drawing on a Wittgensteinian conception of the relation between thought and its expression, (...) I argue that rationality presupposes participation in a form of engagement with others that is reactive in Strawson’s sense. I also throw fresh light on what Strawson understands by a reactive attitude. (shrink)

Non-invasive prenatal testing is an emerging form of prenatal genetic testing that provides information about the genetic constitution of a foetus without the risk of pregnancy loss as a direct result of the test procedure. As with other prenatal tests, information from NIPT can help to make a decision about termination of pregnancy, plan contingencies for birth or prepare parents to raise a child with a genetic condition. NIPT can also be used by women and couples to test purely ‘for (...) information’. Here, no particular action is envisaged following the test; it is motivated entirely by an interest in the result. The fact that NIPT can be performed without posing a risk to the pregnancy could give rise to an increase in such requests. In this paper, we examine the ethical aspects of using NIPT ‘purely for information’, including the competing interests of the prospective parents and the future child, and the acceptability of testing for ‘frivolous’ reasons. Drawing on several clinical scenarios, we claim that arguments about testing children for genetic conditions are relevant to this debate. In addition, we raise ethical concerns over the potential for objectification of the child. We conclude that, in most cases, using NIPT to test for adult-onset conditions, carrier status or non-serious traits presenting in childhood would be unacceptable. (shrink)

Angus Fletcher is one of our finest theorists of the arts, the heir to I. A. Richards, Erich Auerbach, Northrop Frye. This, his grandest book since the groundbreaking Allegory of 1964, aims to open another field of study: how thought--the act, the experience of thinking--is represented in literature. Recognizing that the field of formal philosophy is only one demonstration of the uses of thought, Fletcher looks for the ways other languages (and their framing forms) serve the purpose of certain (...) thinking activities. What kinds of thinking accompany the writing of history? How does the gnomic sentence manage to represent some point of belief? The fresh insights Fletcher achieves at every turn suggest an anatomy of poetic and fictional strategies for representing thought--the hazards, the complications, the sufferings, the romance of thought. Fletcher's resources are large, and his step is sure. The reader samples his piercing vision of Milton's Satan, the original Thinker, leaving the pain of thinking as his legacy for mankind; Marvell's mysteriously haunting "green thought in a green shade"; Old Testament and Herodotus, Vico and Coleridge; Crane, Calvino, Stevens. Fletcher ranges over the heights of literature, poetry, music, and film, never losing sight of his central line of inquiry. He includes comments on the essential role of unclear, vague, and even irrational thinking to suggest that ideas often come alive as thoughts only in a process of considerable distress. In the end he gives us literature--not the content of thought, but its form, its shape, the fugitive colors taken on by the mind as represented in art. (shrink)

One influential approach seeks to capture the idea of society by characterising social action, or interaction, in terms of the particular kinds of awareness it involves. Another approach focuses on social order, seeing it as a form of order that arises spontaneously when rational and mutually aware individuals succeed in solving co-ordination problems. Yet another approach focuses on the role played by communication in achieving collective agreement on the way the world is to be classified and understood, where this is (...) seen as a pre-condition of co-ordination and co-operation. This encyclopedia entry provides a brief account of each approach and offers an assessment of their stengths and limitations. (shrink)

In this paper I argue that bioethics is in crisis and that it will not have a future unless it begins to embrace a more Socratic approach to its leading assumptions. The absence of a critical and sceptical spirit has resulted in little more than a dominant ideology. I focus on three key issues. First, that too often bioethics collapses into medical ethics. Second, that medical ethics itself is beset by a lack of self-reflection that I characterize here as a (...) commitment to three dogmas. Third, I offer a more positive perspective by suggesting how bioethics may benefit from looking towards public health ethics as a new source of inspiration and direction. (shrink)

Several philosophers have argued that ‘constraints’ constrain (and thereby explain) by virtue of being modally stronger than ordinary laws of nature. In this way, a constraint applies to all possible systems, for a variety of possibility that is broader (that is, more inclusive) than the variety we employ when we say that the ordinary laws of nature apply to all physically possible systems. Explanations by constraint are thus more broadly unifying than ordinary causal explanations. Philosophical examples of good candidates for (...) constraints have heretofore been drawn almost exclusively from fundamental physics. This paper argues for the existence of such constraints (even multiple levels of them) in at least one human science (linguistics), not just in physics. (shrink)

This original, contemporary synthesis between phenomenology and Marx’s late work begins from Edmund Husserl’s The Crisis of the European Sciences and Transcendental Phenomenology to chart a new program for Socratic phenomenology in the current confrontation between planetary technology and place-based Indigeneity.

Is your mind the same thing as your brain, or are there aspects of mind beyond the brain's biology? This is the mind-body problem, and it has captivated curious minds since the dawn of human contemplation. Today many insist that the mind is completely reducible to the brain. But is that claim justified? In this stimulating anthology, twenty-five philosophers and scientists offer fresh insights into the mind-brain debate, drawing on psychology, neurology, philosophy, computer science, and neurosurgery. Their provocative conclusion? The (...) mind is indeed more than the brain. (shrink)

Why do relationships of friendship and love support partiality, but not relationships of hatred or commitments of racism? Where does partiality end and why? I take the intuitive starting point that important cases of partiality are meaningful. I develop a view whereby meaning is understood in terms of transcending self-limitations in order to connect with things of external value. I then show how this view can be used to distinguish central cases of legitimate partiality from cases of illegitimate partiality and (...) how it puts pressure on the traditional way of thinking about partiality. (shrink)

Aristotle’s notion of substance and its relation to his investigation of the question of being qua being in the Metaphysics is one of the most important, enduring, and intriguing problems in scholarship focused on Aristotle and the tradition of metaphysics. This article explores some of the more recent developments in this area of scholarship, especially the trend toward more dynamic interpretations of Aristotle’s conception of substance, as a way of renewing the question of what Aristotle really means by being. On (...) this basis, the article reinterprets Aristotle’s investigation of substance as the primary sense of being in the Metaphysics. It argues that there are two primary ways substance may be considered; with respect to the principles of intelligibility of substance and with regard to the causal framework of the real unity and determinacy of substance. The primary principles of the intelligibility of substance, it is argued, are end and fulfilment (telos and entelechy). The causal framework of the real unity and determinacy of substances, on the other hand, can be understood via the notion of act and activity (energeia). (shrink)

Background:The debate over the ethical implications of care robots has raised a range of concerns, including the possibility that such technologies could disrupt caregiving as a core human moral activity. At the same time, academics in information ethics have argued that we should extend our ideas of moral agency and rights to include intelligent machines.Research objectives:This article explores issues of the moral status and limitations of machines in the context of care.Design:A conceptual argument is developed, through a four-part scheme derived (...) from the work of Alasdair MacIntyre. No empirical data are used.Ethical consideration:No primary data were gathered for this study. Secondary sources and authorship have been acknowledged throughout.Findings / discussion:Certain kinds of social experience, including the narrative unity of a life, and the giving and receiving of care, are essential for moral development. Machines, no matter how advanced, cannot participate in such experiences in key respects, and thus cannot develop as practical reasoners.Conclusion:It follows that they cannot be moral agents and that they cannot care. There are, it seems, no such things as care robots. In view of the institutional power of tech companies and commissioning bodies, care practitioners need to take more of a lead in developing new assistive technologies which are appropriate to their practice. (shrink)

Interest in credit ratings agencies and their role in financial markets is at an all-time high. Concerns about a lack of transparency concerning process, conflicts of interest, and limited competition are frequently discussed by politicians, regulators and other commentators. These issues we term the credit ratings agency trinity of solicitude. We shed some light on this trinity by considering the unique relationship that exists between corporate borrowers and the CRAs they engage to rate their securities. The exchange relationships literature is (...) used to create a model where commitment plays a central role. Technical qualities, relationship qualities and dependence are theorised as antecedents of commitment, which is described by two constructs of affective commitment and calculative commitment. The issuer’s intention to remain with the CRA, their loyalty, is the consequence of commitment. The model is operationalized by means of a survey questionnaire administered to issuers of corporate debt in the United Kingdom. As expected, perceptions of the quality of the relationship and affective commitment play an important role in CRA-issuer relations. However, contrary to expectations, the technical quality of the rating and issuer dependence on the CRA play little role in determining commitment and continuance. The implications of these findings are discussed along with areas for future research. (shrink)

Williams’s attack on the ‘morality system’ in Ethics and the Limits of Philosophy was preceded by his famous but misunderstood essay ‘Moral Luck’. This essay pursues two principal aims. First and foremost, I take a fresh look at Williams’s argument in ‘Moral Luck’, to assess its defensibility. Second, I investigate how Williams’s treatment of moral luck shapes and informs the wider assault on the ‘morality system’ which reached its fullest expression in the later work. We can learn something about both (...) of Williams’s projects—his defence of moral luck, and his attack on the morality system—by seeing how each of these projects contributes to the other. Drawing on Williams’s discussion of Gauguin’s desertion of his family for a life of artistic endeavour in Tahiti, six interpretations of Williams’s argument are suggested. While some of these are better than others, none is completely satisfying or convincing. It is suggested, in conclusion, that the attack on anti-luckism does not make an indispensable contribution to Williams’s attack on the morality system. (shrink)

Contributions to this study are drawn both from health professionals engaged in genetic counselling and from observers and critics with backgrounds in law, philosophy, biology, and the social sciences. This diversity will enable health professonals to examine their activities with a fresh eye, and will help the observer-critic to understand the ethical problems that arise in genetic counselling practice, rather than in imaginary encounters. Most examinations of the ethical issues raised by genetics are concerned in a broad sense with the (...) application of new technology to human reproduction. This volume focuses on genetic counselling and screening as such, providing valuable insights for the health professional, social scientist, philosopher, lawyer, and bioethicist. (shrink)

In order to improve our understanding of the components that reflect functionally important processes during reward anticipation and consumption, we used principle components analyses (PCA) to separate and quantify averaged ERP data obtained from each stage of a modified monetary incentive delay (MID) task. Although a small number of recent ERP studies have reported that reward and loss cues potentiate ERPs during anticipation, action preparation, and consummatory stages of reward processing, these findings are inconsistent due to temporal and spatial overlap (...) between the relevant electrophysiological components. Our results show three components following cue presentation are sensitive to incentive cues (N1, P3a, P3b). In contrast to previous research, reward‐related enhancement occurred only in the P3b, with earlier components more sensitive to break‐even and loss cues. During feedback anticipation, we observed a lateralized centroparietal negativity that was sensitive to response hand but not cue type. We also show that use of PCA on ERPs reflecting reward consumption successfully separates the reward positivity from the independently modulated feedback‐P3. Last, we observe for the first time a new reward consumption component: a late negativity distributed over the left frontal pole. This component appears to be sensitive to response hand, especially in the context of monetary gain. These results illustrate that the time course and sensitivities of electrophysiological activity that follows incentive cues do not follow a simple heuristic in which reward incentive cues produce enhanced activity at all stages and substages. (shrink)

On March, 24, 2020, 818 cases of COVID-19 had been reported in New South Wales, Australia, and new cases were increasing at an exponential rate. In anticipation of resource constraints arising in clinical settings as a result of the COVID-19 pandemic, a working party of ten ethicists was convened at the University of Sydney to draft an ethics framework to support resource allocation decisions. The framework guides decision-makers using a question-and-answer format, in language that avoids philosophical and medical technicality. The (...) working party met five times over the following week and then submitted a draft Framework for consideration by two groups of intensivists and one group of academic ethicists. It was also presented to a panel on a national current affairs programme. The Framework was then revised on the basis of feedback from these sources and made publicly available online on April 3, ten days after the initial meeting. The framework is published here in full to stimulate ongoing discussion about rapid development of user-friendly clinical ethics resources in ongoing and future pandemics. (shrink)

Autism Spectrum Disorder (ASD) is a neurodevelopmental condition characterized by social/communicative difficulties and perseverative behaviours. While research on autism has flourished recently, few studies have been conducted on the disorder in non‐Western contexts. In low‐ and middle‐income countries (LMICs), biomedical research on autism is required to better understand the needs of the population and to develop contextually appropriate interventions. However, autistic individuals are a vulnerable study population and LMICs present with various considerations. While the presentation of autism is heterogeneous, stigma (...) is a common social consequence affecting research. Drawing specifically on the South African context, the ethical intersections of these issues are discussed, along with the limitations of the current informed consent process. Community engagement is recommended as an adjunct to informed consent to ensure that biomedical research is conducted in a more inclusive way. Practical pointers are provided for implementing systematic support for conducting community engagement alongside biomedical research. (shrink)

The resent paper reviews three phases in the literature on cognition and colour, and also Luria's (1976) observations of the effects that literacy and/or schooling have on colour naming and colour categorization. It is argued that Luria's own interpretation of his findings is partiafly flawed by inconsistency, and by ethnocentric presuppositions concerning mediation and abstraction. A revised interpretation is proposed that draws on Gibson's (1950, 1966) contrast between direct and indirect perceptions. It is suggested that language usage and cultural practices (...) come to exert a joint effect upon the experience of colour by selectively directing attention towards or away from the various perceptible aspects of coloured objects. (shrink)