This Article explores the rule of law aspects of the intersection between intellectual property and antitrust law. Contemporary discussions and debates on intellectual property, antitrust, and the intersection between them are typically framed in economically oriented terms. This Article, however, shows that there is more law in law than just economics. It demonstrates how the rule of law has influenced the development of several IP doctrines, and the interface between IP and antitrust, in important, albeit not always acknowledged, ways. In (...) particular, it argues that some limitations on IP rights, such as exhaustion and limitations on tying arrangements, are grounded in rule of law principles restricting the arbitrary exercise of legal power, rather than solely in considerations of economic efficiency. The historical development of IP law has reflected several tensions, both economic and political, that lie at the heart of the constitutional order of the modern state: the tension between the benefits of free competition and the recognition that some restraints on competition may be beneficial and justified; the concern that power, even when conferred in the public interest, can often be abused and arbitrarily. (shrink)

The philosophy of deep ecology originated in the 1970s with the Norwegian philosopher Arne Naess and has since spread around the world. Its basic premises are a belief in the intrinsic value of nonhuman nature, a belief that ecological principles should dictate human actions and moral evaluations, an emphasis on noninterference into natural processes, and a critique of materialism and technological progress.This book approaches deep ecology as a philosophy, not as a political, social, or environmental movement. In part I, the (...) authors compare deep ecology's philosophical ideas with other positions and debates in environmental philosophy and to other schools of thought such as social ecology, ecofeminism, and moral pluralism. In part II, they investigate the connections between deep ecology and other contemporary world views, such as continental philosophy, postmodernism, and non-Western philosophical traditions. The first anthology on deep ecology that is not primarily the work of the movement's followers, Beneath the Surface offers a rigorous assessment of deep ecology's strengths and weaknesses as a philosophical position.Contributors : John Clark, Deane Curtin, Arran Gare, William Grey, Mathew Humphrey, Knut Jacobsen, Eric Katz, Andrew Light, Jonathan Maskit, Val Plumwood, David Rothenberg, Ariel Salleh, Bron Taylor, Michael Zimmerman. (shrink)

We argue that in extensive decision problems (extensive games with a single player) with imperfect recall care must be taken in interpreting information sets and strategies. Alternative interpretations allow for different kinds of analysis. We address the following issues: 1. randomization at information sets; 2. consistent beliefs; 3. time consistency of optimal plans; 4. the multiselves approach to decision making. We illustrate our discussion through an example that we call the ‘‘paradox of the absentminded driver.’’ Journal of Economic Literature Classification (...) Numbers: C7, D0. 1997 Academic Press. (shrink)

There is an evolution in the Fregean critique of psycho-logism, and the differences between the 1884 and the 1893 stances, when the revision of a psychologistic theory of subjectivity starts to be founded, are particularly relevant.

Although the modern American kinship system is nominally a bilateral system, the very definition of kin ties is based on the principles of patriarchy. Women do not gain their rights to their children in this society as mothers, but as father-equivalents, sources of genetic material. In child rearing as in childbearing, women may take on the role of fathers to their children, substituting poorer women to do the traditional mothering work. The resultant recasting of the classic Oedipal drama in terms (...) of class and race rather than gender is described. This article argues that we must move beyond patriarchal definitions of the relations between parents and children, and beyond modifications that simply extend to some women, most often at cost to other women, some of the privileges of patriarchy. (shrink)

As Minkoff, Vullikanti, and Marshall (2024) note, pregnancy has long been the basis for dismissal of individual rights. It is important to note that Roe did not grant full bodily autonomy to the ge...

Para Frege, o erro de base do psicologismo é a sua concepção de sujeito, que se concentra no princípio de que meus únicos objetos são conteúdos imanentes da consciência. Entretanto, essa tese não é meramente falsa, mas também refutável. A refutação da mesma aparece, não obstante, tardiamente em Der Gedanke. É esse o sentido último da crítica do idealismo oferecida neste texto. Ela é um passo necessário e imprescindível para assegurar a possibilidade de que captemos pensamentos, possibilidade com a qual (...) se ocupa boa parte do artigo de 1918. (shrink)

A filosofia alemã do século XIX posterior a Hegel está bastante estudada em três direções. A primeira, que surge da luta entre hegelianos de esquerda e direita, acaba por conduzir ao materialismo e ao marxismo; a segunda, que se expressa na vertente irracionalista e anti-sistemática, passa por Schopenhauer, Kierkegaard e Nietzsche; a terceira é constituída pelo neo-kantismo e suas derivações, cuja versão oficial teria suas raízes fincadas pelo famoso discurso inaugural de Zeller e pelo livro de Otto Liebmann, que deram (...) o impulso ao movimento “Zurück zu Kant”. Em tal visão de conjunto, o grande ausente é um movimento contínuo, ainda quando irregular e multifacetado, que terminará conduzindo à filosofia contemporânea. Este movimento tem em Trendelenburg uma figura chave. É com suas “Investigações Lógicas” que se inicia a reformulação das relações entre filosofia e ciência e, neste sentido, o verdadeiro retorno a Kant. O fato de sua obra principal ter exatamente o mesmo nome que a coleção de ensaios temáticos de Frege, a obra de ruptura de Husserl e as dissertações de doutorado de Cohen, Dilthey e Brentano significa algo mais que curiosas coincidências. “Zurück zu Kant” (Adolf Trendelenburg the overcoming of idealism and the roots of contemporary philosophy)Considering history of philosophy as a whole, the two main traditions of thought from the 20th century (analytic and phenomenological-hermeneutic) can be regarded as being variants of one same fundamental turn. This systematic relation is connected to a common historical root. To highlight it implies to review the ideas that are deeply in the basis of the historiography of the German thought in the 19th century. Beyond names, problems and theses that may appear to have at first sight no relationship whatsoever, we can notice a continuous unitary development that has not yet received all the attention it deserves. In this movement, Adolf Trendelenburg stands out, once the beginners of both the abovementioned traditions and of neokantianism (Frege, Brentano, Dilthey and Cohen) received a decisive impulse from his reflections. (shrink)

Resumo: Nesta exposiçáo proponho efetuar uma apresentaçáo dos problemas interpretativos fundamentais e das diferentes leituras que se tem realizado em relaçáo à filosofia das formas simbólicas cassireriana. Palabvas chaves: Cassirer. Filosofia das formas simbólicas. Formas simbólicas.

While substantial progress has been made in the field known as artificial consciousness, at the present time there is no generally accepted phenomenally conscious machine, nor even a clear route to how one might be produced should we decide to try. Here, we take the position that, from our computer science perspective, a major reason for this is a computational explanatory gap: our inability to understand/explain the implementation of high-level cognitive algorithms in terms of neurocomputational processing. We explain how addressing (...) the computational explanatory gap can identify computational correlates of consciousness. We suggest that bridging this gap is not only critical to further progress in the area of machine consciousness, but would also inform the search for neurobiological correlates of consciousness and would, with high probability, contribute to demystifying the “hard problem” of understanding the mind–brain relationship. We compile a listing of previously proposed computational correlates of consciousness and, based on the results of recent computational modeling, suggest that the gating mechanisms associated with top-down cognitive control of working memory should be added to this list. We conclude that developing neurocognitive architectures that contribute to bridging the computational explanatory gap provides a credible and achievable roadmap to understanding the ultimate prospects for a conscious machine, and to a better understanding of the mind–brain problem in general. (shrink)

Como habitantes e investigadores de las luchas que emergen desde situaciones de contaminación en la zona sur de la ciudad de Córdoba, nuestro interés es analizar los modos de construcción de las identidades políticas en estos contextos discursivos situados. Metodológicamente, apelamos a los desarrollos de Laclau para el análisis de las prácticas articulatorias, tomando como herramientas para el análisis del discurso las figuras de la retórica clásica (sinécdoque, catacresis, metáfora y metonimia); como unidad de análisis, cuatro experiencias de luchas desde (...) situaciones de contaminación; y como corpus, el material recogido en entrevistas grupales en profundidad a fin de identificar los significantes privilegiados por los participantes para dar cuenta del interior/exterior del grupo y las operaciones de construcción de cadenas de equivalencias/diferencias, observando las dimensiones catacrésicas, sinecdóquicas, metafóricas y metonímicas en el uso de los significantes. Luego, nos centramos en el análisis de las distinciones vecinos/no vecinos, contaminación/ambiente, barrio/sector sur, afectado/no afectado. Como resultados, señalamos dos modos de articulación diferentes en la construcción de identidades desde situaciones de injusticia ambiental: la de los afectados directos, basada en vínculos metonímicos, en contigüidades con la fuente de contaminación; y otra, la de quienes no se reconocen como afectados directos, basada en vínculos metafóricos. (shrink)

This accessibly written book offers an approach to cultural engagement that is attentive to the hunger for meaning, beauty, and justice and governed by the gospel virtues of faith, love, and hope.

The Blackwell Companion and Blackwell Guide to the philosophy of education, edited respectively by Randall Curren and by Nigel Blake, Paul Smeyers, Richard Smith and Paul Standish, are potentially field-defining volumes. The present essay moves back and forth between the two books to assess the overall impression they provide of the ‘state of the art’. Whilst both texts can be criticised for failing to engage sufficiently with non-philosophical work on education, these are otherwise estimable volumes, containing many fine essays that (...) can be read with profit. (shrink)

La filosofía latinoamericana de la liberación en sus orígenes consideró la importancia del pueblo, lo popular, la cultura y los pobres. Aun con discusiones y divergencias en el interior del movimiento -a raíz de las diferentes concepciones filosóficas y políticas- pueblo-clase, pueblo-nación, pueblo-sectores populares estuvo presente en la producción de muchos de sus autores. Todos asumieron la cuestión del pueblo, pero ninguno apostó en denominar tal filosofía de la liberación como “filosofía del pueblo”. Cuestión que no dudaron en asumir, en (...) cambio, cuando la producción teológica latinoamericana producida en Argentina fue denominada como “teología del pueblo”, primero despectivamente y posteriormente como nombre propio y nota característica. Es más, Scannone incluso consideró que era adecuado nombrar como “ético cultural” a la corriente filosófica inspirada en la sabiduría popular por él representada, pero difícilmente hubiera admitido que se denominara su filosofía inculturada de la liberación como “del pueblo”. (shrink)

Este artículo analiza la potencia desestabilizadora de la gramática política de la Educación Sexual Integral y su posibilidad de gestar en las escuelas espacios incluyentes en un contexto socio-cultural conservador. Se describe la puesta en acto de la ESI en una provincia del Noroeste Argentino a través de datos relevados en la consulta a estudiantes efectuadas por el Operativo Aprender en 2019 y registros cualitativos de trabajo de campo en escuelas que acogen sujetos de la diversidad sexo-genérica.

Although Lakoff and Johnson’s Conceptual Metaphor Theory has been influential across many disciplines, little research has tested the psychological reality of conceptual metaphors using established experimental memory paradigms. Here we employ an episodic memory task based on the Deese-Roediger-McDermott false memory paradigm to explore this possibility. We find that after reading lists of sentences based on underlying conceptual metaphors that participants are more likely to falsely remember the nonpresented conceptual metaphors themselves as well as new sentences consistent with the CM (...) mapping than control items that do not share this mapping. This finding provides experimental support for conceptual metaphors and highlights the utility of using episodic tasks to explore the assumptions of this theory. (shrink)

Why do women sellers in product markets receive lower prices than men sellers when selling the same identical products? This Article investigates the effects of cultural beliefs about competence, desert and trust on market interactions with women and men sellers. We use an experimental approach to show that the prices people are willing to pay for the exact same product are affected by cultural beliefs about gender; when a woman sells a gift card, she is likely to receive five percent (...) less for it, compared to when a man does. Our analysis further suggests that it is beliefs about women’s relative competence and moral entitlement that drive the gender price gap in product markets. When the participants in the experiment were presented with information that suggested that the woman seller was a competent or entitled seller, no gender price differences were found between such women sellers and their equally qualified male counterparts. Nonetheless, information about the trustworthiness of sellers did not decrease the gap between women and men sellers. This suggests that price gaps between women and men in product markets are not generated by beliefs about the trustworthiness of women and men. (shrink)

The United States Government does not mandate that US based firms follow US social and environmental law in foreign markets. However, because many developing countries do not have strong human rights, labor, and environmental laws, many multinationals have adopted voluntary corporate responsibility initiatives to self-regulate their overseas social and environmental practices. This article argues that voluntary actions, while important, are insufficient to address the magnitude of problems companies confront as they operate in developing countries where governance is often inadequate. The (...) United States can do more to ensure that its multinationals act responsibly everywhere they operate. First, policymakers should define the social and environmental responsibilities of global companies. They must consistently make their expectations for global business clear – and underscore that this objective can often be accomplished without mandates. Second, the US should closely examine the policies that undermine global Corporate Social Responsibility (CSR) and address the many conflicting signals sent by policymakers. Third, the President should make the US government a CSR model by examining how to use its purchasing power to promote human rights. Finally, the US government should require pension funds to report on the social and environmental consequences of their investments. In these ways, Americans can mind our business – and thus make sure that US based firms do not undermine social and environmental progress when they operate in the developing world. (shrink)

In this paper, we present a way to translate the metainferences of a mixed metainferential system into formulae of an extended-language system, called its associated σ-system. To do this, the σ-system will contain new operators (one for each standard), called the σ operators, which represent the notions of "belonging to a (given) standard". We first prove, in a model-theoretic way, that these translations preserve (in)validity. That is, that a metainference is valid in the base system if and only if its (...) translation is a tautology of its corresponding σ-system. We then use these results to obtain other key advantages. Most interestingly, we provide a recipe for building unlabeled sequent calculi for σ-systems. We then exemplify this with a σ-system useful for logics of the ST family, and prove soundness and completeness for it, which indirectly gives us a calculus for the metainferences of all those mixed systems. Finally, we respond to some possible objections and show how our σ-framework can shed light on the “obeying” discussion within mixed metainferential contexts. (shrink)

Jerrold Katz develops a new philosophical position integrating realism and rationalism.

Katz offers such a grammatical account, in which makes it possible for the first time to explain the illocutionary potential of sentences within grammar.

Our knowledge about the world is often expressed by generic sentences, yet their meanings are far from clear. This book provides answers to central problems concerning generics: what do they mean? Which factors affect their interpretation? How can one reason with generics? Cohen proposes that the meanings of generics are probability judgments, and shows how this view accounts for many of their puzzling properties, including lawlikeness. Generics are evaluated with respect to alternatives. Cohen argues that alternatives are induced by the (...) kind as well as by the predicated property, and thus provides a uniform account of the varied interpretations of generics. He studies the formal properties of alternatives and provides a compositional account of their derivation by focus and presupposition. Cohen uses his semantics of generics to provide a formal characterization of adequate default reasoning, and proves some desirable results of this formalism. (shrink)

Both traditional accounts of hope and some of their recent critics analyze hope exclusively in terms of attitudes that a hoper bears towards a hoped-for prospect, such as desire and probability assignment. I argue that all of these accounts misidentify cases of despair as cases of hope, and so misconstrue the nature of hope. I show that a more satisfactory view is arrived at by noticing that in addition to the aforementioned attitudes, hope involves a characteristic attitude towards an external (...) factor, on whose operation the hoper takes the prospect's realization to depend causally. (shrink)

In _Realistic Rationalism_, Jerrold J. Katz develops a new philosophical position integrating realism and rationalism. Realism here means that the objects of study in mathematics and other formal sciences are abstract; rationalism means that our knowledge of them is not empirical. Katz uses this position to meet the principal challenges to realism. In exposing the flaws in criticisms of the antirealists, he shows that realists can explain knowledge of abstract objects without supposing we have causal contact with them, (...) that numbers are determinate objects, and that the standard counterexamples to the abstract/concrete distinction have no force. Generalizing the account of knowledge used to meet the challenges to realism, he develops a rationalist and non-naturalist account of philosophical knowledge and argues that it is preferable to contemporary naturalist and empiricist accounts. The book illuminates a wide range of philosophical issues, including the nature of necessity, the distinction between the formal and natural sciences, empiricist holism, the structure of ontology, and philosophical skepticism. Philosophers will use this fresh treatment of realism and rationalism as a starting point for new directions in their own research. (shrink)

Generics are sentences such as Birds fly, which express generalizations. They are prevalent in speech, and as far as is known, no human language lacks generics. Yet, it is very far from clear what they mean. After all, not all birds fly—penguins don’t! -/- There are two general views about the meaning of generics in the literature, and each view encompasses many specific theories. According to the inductivist view, a generic states that a sufficient number of individuals satisfy a certain (...) property—in the example above, it says that sufficiently many birds fly. This view faces the complicated problem of spelling out exactly how many is “sufficiently many” in a way that correctly captures the intuitive truth conditions of generics. -/- An alternative, the rules and regulations view, despairs from this project and proposes instead that generics directly express rules in the world. Rules are taken to be abstract objects, which are not related to the properties of specific individuals. This view faces the difficult problem of explaining how people come to know of such rules when judging the truth of falsity of generics, and accounting for the strong intuition that a sentence such as Birds fly talks about birds, not abstract objects. -/- What seems to be beyond dispute is that generics, even if they do not express rules, are lawlike: they state non-accidental generalizations. Many scholars have taken this fact to indicate that generics are parametric on possible worlds: they refer to worlds other than the actual world. This, again, raises the problem of how people come to know about what happens in these other worlds. However, a rigorous application of standard tests for intensionality shows that generics are not, in fact, parametric on possible worlds, but only on time. This unusual property may explain much of the mystery surrounding generics. -/- Another mysterious property of generics is that although there is no language without them, there is no linguistic construction that is devoted to the expression of genericity. Rather, generics can be expressed in a variety of ways, each of which can also express nongenerics. Yet, each manifestation of generics differs subtly (or sometimes not so subtly) in its meaning from the others. -/- Even when these and other puzzles of genericity are solved, one mystery would remain: Why are generics, which are so easy to produce and understand in conversation, so difficult to analyze? (shrink)

What ends should designers pursue? To what extent should they care about the societal and environmental impact of their work? And why should they care at all? Given the key influence design has on the way people live their lives, designing is fraught with ethical issues. Yet, unlike education or nursing, it lacks widespread professional principles for addressing these issues. -/- Rooted in a communitarian view of design practice, this lively and accessible book examines design through the lens of professions, (...) offering a critical vision that enables practitioners, academics and students of design in all disciplines to reflect on the practice’s overarching purposes. Considering how these are connected to others' flourishing and moulded by community interactions, "The Goods of Design" argues for a practice-based approach to cultivate professional ethics; it provides a normative direction that can meaningfully guide professional design activity, both individually and collectively. The volume also looks into the implications work has for the designer's self-growth as a person, offering ways to discover and navigate the complex tensions between personal and professional life. (shrink)

Generics and frequency statements are puzzling phenomena: they are lawlike, yet contingent. They may be true even in the absence of any supporting instances, and extending the size of their domain does not change their truth conditions. Generics and frequency statements are parametric on time, but not on possible worlds; they cannot be applied to temporary generalizations, and yet are contingent. These constructions require a regular distribution of events along the time axis. Truth judgments of generics vary considerably across speakers, (...) whereas truth judgments of frequency statements are much more uniform. A generic may be false even if the vast majority of individuals in its domain satisfy the predicated property, whereas a frequency statement using, e.g., usually would be true. This paper argues that all these seemingly unrelated puzzles have a single underlying cause: generics and frequency statements express probability judgments, and these, in turn, are interpreted as statements of hypothetical relative frequency. (shrink)

In _Realistic Rationalism_, Jerrold J. Katz develops a new philosophical position integrating realism and rationalism. Realism here means that the objects of study in mathematics and other formal sciences are abstract; rationalism means that our knowledge of them is not empirical. Katz uses this position to meet the principal challenges to realism. In exposing the flaws in criticisms of the antirealists, he shows that realists can explain knowledge of abstract objects without supposing we have causal contact with them, (...) that numbers are determinate objects, and that the standard counterexamples to the abstract/concrete distinction have no force. Generalizing the account of knowledge used to meet the challenges to realism, he develops a rationalist and non-naturalist account of philosophical knowledge and argues that it is preferable to contemporary naturalist and empiricist accounts. The book illuminates a wide range of philosophical issues, including the nature of necessity, the distinction between the formal and natural sciences, empiricist holism, the structure of ontology, and philosophical skepticism. Philosophers will use this fresh treatment of realism and rationalism as a starting point for new directions in their own research. (shrink)

A Conversation with Claire Katz about her book, Levinas and the Crisis of Humanism.

Introduction Introducing Accessibility theory 0.1 On the role of context Utterances cannot be processed and interpreted on their own. ...