If moral responsibilities prescribe how agents ought to behave, are there also intellectual responsibilities prescribing what agents ought to believe? Many theorists have argued that there cannot be intellectual responsibilities because they would require the ability to control whether one believes, whereas it is impossible to control whether one believes. This argument appeals to an “ought implies can” principle for intellectual responsibilities. The present paper tests for the presence of intellectual responsibilities in social cognition. Four experiments (...) show that intellectual responsibilities are attributed to believe things and that these responsibilities can exceed what agents are able to believe. Furthermore, the results show that agents are sometimes considered responsible for failing to form true beliefs on the basis of good evidence, and that this effect does not depend on the seriousness of the consequences for failing to form a belief. These findings clarify when and how responsibilities for belief are attributed, falsify a conceptual entailment between ability and responsibility in the intellectual domain, and emphasize the importance of objective truth in intellectual evaluations. (shrink)

With the calls to decolonize the Philosophy curriculum, and the University more generally, which have seen a series of intellectual interventions in South Africa, the paper takes its cue from Nyoka’s (2020) recommendation when he suggests moving beyond merely thinking about decolonization. In reflecting on processes of decolonising the curriculum, the paper considers the successes and failures of a course taught during a global pandemic, wherein pedagogic strategies were constrained. Reflecting on a module taught in the first semester of (...) 2021, the paper thinks through the fundamental question that underpins the course, primarily:—how to develop a contextually responsive philosophical approach on the southernmost tip of the African continent. Using two primary texts, Kumalo’s Decolonization as Democratization (2021) and Jansen’s Decolonization in Universities (2019), the module analysed this question by juxtaposing, respectively, a philosophical and educational text. In this pedagogic autocritique, I reflect on ‘what obligation do intellectuals owe their students’ in a decolonising context. (shrink)

Barbeyrac's republication of and commentary on Leibniz' attack on Pufendorf's natural-law doctrine is often seen as symptomatic of the failure of all three early moderns to solve a particular moral-philosophical problem: that of the relationship between civil authority and morality. Making use of the first English translation of Barbeyrac's work, this article departs from the usual view by arguing that here we are confronted by three conflicting constructions of civil obligation, arising not from the common intellectual terrain of (...) moral philosophy, but from divergent religious and political cultures. If this approach makes the three constructions less susceptible to theoretical reconciliation, then it opens them to a more revealing historical investigation, in terms of the particular religious and political circumstances in which they arose, and which they were designed to address. The result is that these early modern struggles over the nature of civil obligation confront us again as unfinished historical business. (shrink)

Although the idea of intellectual property (IP) rights—proprietary rights to what one invents, writes, paints, composes or creates—is firmlyembedded in Western thinking, these rights are now being challenged across the globe in a number of areas. This paper will focus on one of these challenges: government-sanctioned copying of patented drugs without permission or license of the patent owner in the name of national security, in health emergencies, or life-threatening epidemics. After discussing standard rights-based and utilitarian arguments defending intellectual (...) property we will present another model. IP is almost always a result of a long history of scientific or technological development and numbers of networks of creativity, not the act of a single person or a group of people at one moment in time. Thus thinking about and evaluating IP requires thinking about IP as shared rights. A network approach to IP challenges a traditional model of IP. It follows that the owner of those rights has some obligations to share that information or its outcomes. If that conclusion is applied to the distribution of antiretroviral drugs, what pharmaceutical companies are ethically required to do to increase access to these medicines in the developing world will have to be reanalyzed from a more systemic perspective. (shrink)

All parties involved in researching, developing, manufacturing, and distributing COVID-19 vaccines need guidance on their ethical obligations. We focus on pharmaceutical companies' obligations because their capacities to research, develop, manufacture, and distribute vaccines make them uniquely placed for stemming the pandemic. We argue that an ethical approach to COVID-19 vaccine production and distribution should satisfy four uncontroversial principles: optimising vaccine production, including development, testing, and manufacturing; fair distribution; sustainability; and accountability. All parties' obligations should be coordinated and mutually consistent. For (...) instance, companies should not be obligated to provide host countries with additional booster shots at the expense of fulfilling bilateral contracts with countries in which there are surges. Finally, any satisfactory approach should include mechanisms for assurance that all parties are honouring their obligations. This assurance enables countries, pharmaceutical companies, global organisations, and others to verify compliance with the chosen approach and protect ethically compliant stakeholders from being unfairly exploited by unethical behaviour of others. (shrink)

In response to commentators, we argue that whether waiving patent rights will meaningfully improve access to COVID-19 vaccines for low income and middle-income countries (LMICs), particularly in the short term, is an empirical matter. We also reject preferentially allocating vaccines to countries that hosted trials because doing so unethically favours those with research infrastructure, rather than those facing the worst burdens from COVID-19.

Drawing on macro-historical sociological theories, this book traces the development of intellectual property as a new type of legal property in the modern nation-state system. In its current form, intellectual property is considered part of an infrastructure of state power that incentivizes innovation, creativity, and scientific development, all engines of economic growth. To show how this infrastructure of power emerged, Laura Ford follows macro-historical social theorists, including Michael Mann and Max Weber, back to antiquity, revealing that legal instruments (...) very similar to modern intellectual property have existed for a long time and have also been deployed for similar purposes. Using comparative and historical evidence, this groundbreaking work reflects on the role of intellectual property in our contemporary political communities and societies; on the close relationship between law and religion; and on the extent to which law's obliging force depends on ancient, written traditions. (shrink)

_A compelling set of lectures on political obligation that contributes to ongoing debates in political theory and intellectual history_ This stimulating collection of lectures by the late Judith Shklar on political obligation is paired with a scholarly introduction that offers an overview of her life, illuminates the connections among her teaching, research, and publications, and explains why her lectures still resonate with us and contribute to current debates in political theory and intellectual history.

A compelling set of lectures on political obligation that contributes to ongoing debates in political theory and intellectual history This stimulating collection of lectures by the late Judith Shklar on political obligation is paired with a scholarly introduction that offers an overview of her life, illuminates the connections among her teaching, research, and publications, and explains why her lectures still resonate with us and contribute to current debates in political theory and intellectual history.

In two recent works, Intellectuals and Power and General Theory of Victims, François Laruelle offers a critique of the public intellectual, including Jean-Paul Sartre, claiming such intellectuals have a disregard for victims of crimes against humanity. Laruelle insists that the victim has been left out of philosophy and displaced by an abstract pursuit of justice. He offers a non- philosophical approach that reverses the victim/intellectual dyad and calls for compassionate insurrection. In this paper, we probe Laruelle's critique of (...) the committed intellectual's obligations to victims, specifically, through an examination of Sartre's "A Plea for Intellectuals." We hope to show the value of Laruelle's theory on victims, crime and power for imagining future-oriented intellectuals. (shrink)

In this article it is suggested that George Grote’s History of Greece employed a narrative history of Greece in an attempt to resolve the philosophical problem of the compatibility of individual liberty with considerable obligations to society. His philosophical achievement has been largely ignored by modern classical scholarship, even those who follow his lead in treating fifth-century Athens as the epitome of Greek civilization. The present reading of Grote’s History is informed by John Stuart Mill’s use of Athenian examples. Outlining (...) the evidential, moral and spatial parameters of Grote’s fifth-century Athens, it is argued that Grote understood fifth-century Athens to be amodel intellectual and liberal society, in which the performance of obligations by citizens coexisted with individual and political liberty. Grote explained the decline of Athenian power in the fourth century BC by reference to the neglect of obligations, and in doing so, married historical explanation to political theory. (shrink)

In the second half of the 18th century, Scottish Enlightenment philosophy spread to the Dutch Republic, where it found a favourable reception. The most popular Scottish philosopher among Dutch intellectuals arguably was James Beattie of Aberdeen. Almost all of his prose works were translated into Dutch, and the Zeeland Society of Sciences elected him a foreign honorary member. It made Beattie remark that he was ‘greatly obliged to the Dutch’, and a Dutch learned journal that he had ‘in a sense (...) become a native’. This article discusses why precisely the Dutch got interested in Beattie and what made his common sense philosophy appealing to a Dutch audience. It argues that it was the moderate and non-speculative nature of Beattie's moral philosophy that fitted well with the eclecticism of the Dutch Enlightenment. (shrink)

Justifying intellectual property on the basis of labour is an understandably popular strategy, but there is a tension in basing some intellectual property claims on labour that has gone largely unnoticed in treatments of the subject: many forms of innovation cause people to lose their jobs, which seriously hampers the ability of those who lose work to productively use their own labour. This article shows that even under Lockean and other labour‐based justifications of intellectual property rights those (...) who claim property rights to innovations of this type have special obligations to compensate those who lose work because of their inventions. By examining the problem that such innovations create, I hope to contribute to larger debates about automation and the job losses it often brings. Lockean and other labour‐based theories of intellectual property are generally taken to secure strong, noninstrumental rights to intellectual property if they are successful. So, if even these theories imply that those who profit from the innovations driving automation have special obligations to those left jobless by it, that is strong evidence that they do in fact have such obligations. (shrink)

Advocates, activists, and academics have criticized pharmaceutical intellectual property ("pharma IP") rights as obstacles to access to medicines for the global poor. These criticisms of pharma IP holders are frequently exceptionalist: they focus on pharma IP holders while ignoring whether others also bear obligations to assist patients in need. These others include holders of other lucrative IP rights, such as music copyrights or technology patents; firms, such as energy companies and banks, that do not rely on IP; and wealthy (...) private individuals. Their resources could be used to aid patients by providing direct medical assistance, funding prizes or biomedical research, or purchasing pharmaceutical patents and granting rights to the disadvantaged. -/- After identifying this exceptionalism, this Article evaluates several arguments in its defense. These are that pharma IP holders are unique in (1) owning what poor patients need, (2) being in special proximity to these patients, (3) being able to assist at low cost to themselves, (4) having a professional duty to help these patients, or (5) being implicated by their past conduct in these patients' plight. It concludes that none of these arguments are compelling: while IP holders have a duty to help, this duty is not fundamentally different from the duties others owe. -/- Even though this project criticizes exceptionalism, it does not absolve pharma IP holders of duties to help the sick. Rather, it argues that spreading the costs of aiding patients in need across a greater number of market actors, via publicly funded "pull" programs like prizes and patent buyouts or "push" programs like grants, would be preferable. So would allowing pharmaceutical firms to seek contribution from others who are able to help. However, if others cannot be held to account, imposing burdens on pharma IP holders can be justified in order to promote global health: treating wealthy firms arbitrarily is preferable to ignoring the urgent needs of the global poor. (shrink)

The current situation of climate change at a global level clearly requires policy changes at local levels. Global efforts to reach a consensus regarding the reduction of greenhouse gas emissions have so far been focused on developing Climate-Friendly Technologies (CFTs). The problem is that in order for these efforts to have an actual impact at a global level we need to be concerned with more than just promotion and info-dissemination on the already existing CFTs, but also with costs, implementation and (...) the international intellectual property and trade system necessary for this strategy to work. Currently, almost 80% of all patent applications belong to OECD countries like Japan, US, Germany, South Korea, Great Britain and France. The obligations climate change imposes on developing countries represent a technological shift that depends on Technology Transfer (TT) and implementation of IP laws. The current IP framework, especially patent law, copyright and trade secrets produces another kind of obligations. The main question is if the conjunction of these two sets of obligations (rules) is fair from a global justice point of view. Also, it is questionable whether this conjunction helps developing countries to produce their own CFTs. When discussing the demands of global justice one cannot skip the very important distinction Pogge makes between negative and positive obligations. In the context of global warming and the measures that the world’s states ought to take to prevent it, there seems to lie another conjunction between the positive obligation of preserving the natural environment that we all share and a negative obligation of allowing the less developed countries to help us all do so. Because one cannot impose regulations that cannot be put into practice, it is more and more obvious that a new framework of action and development needs to be drawn in the field of TT of CFTs. (shrink)

The moral status accorded to an individual (or class of individuals) helps to account for the weight of the moral obligations considered due to an individual (or class of individuals). Strong arguments can be given to indicate that the moral status accorded, justly or unjustly, to individuals with intellectual disabilities is less than that accorded to those considered intellectually able. This paper suggests that such a view of the moral status of intellectually disabled individuals derives from individualism. Ontological and (...) normative components of individualism are identified. It is shown that individualistic, ontological criteria for personhood compromise the integrity of “dependent” individuals. And it is shown that the normative component of individualism further compromises the integrity of intellectually disabled individuals. An alternative view of the self is outlined in which dependence features centrally. It is tentatively suggested that such a view of the self may prove more congenial to enhancing the moral status of individuals with intellectual disabilities. (shrink)

Intellectual property can be an important asset for academic institutions. Good data management practices are important for capture, development and protection of intellectual property assets. Selected issues focused on the relationship between data management and intellectual property are reviewed and a thesis that academic institutions and scientists should honor their obligations to responsibly manage data.

In this issue of the Hastings Center Report, Mélanie Terrasse, Moti Gorin, and Dominic Sisti respond to recent efforts to address the “digital attention crisis,” arguing that “[b]ioethicists should make their voices heard in the debate on the responsibilities of social media companies toward their consumers and society at large.” I strongly agree. I have frequently been asked by my colleagues why I spend time on social media professionally, on top of all the competing demands associated with my work as (...) a bioethicist and medical educator. There is sometimes a dismissive tone in these questions, a sense that attention to social media is beneath a bioethicist’s proper intellectual pursuits. Such perspectives overlook the extraordinary opportunities of social media and the important role for bioethics, as a field, in examining them. (shrink)

This article contributes to the analysis of refusal to license cases as abuse of a dominant position pursuant Article 82 EC from an economic perspective. In the Microsoft case, the European Commission introduced an "Incentives Balance Test" to assess whether the refusal to give access to interface information can be justified by arguing that this information is protected by Intellectual Property Rights (IPRs): The Commission argued that if the overall innovative effects evoked by a compulsory license are significantly higher (...) than without this access, the IPR owner is obliged to license. This should be assessed through balancing the different incentives to innovate between the dominant firm and its competitors. In the paper we pursue two objectives: Firstly, we analyze to what extent the decision of the Court of First Instance, which confirmed the decision of the Commission, helps to clarify the criteria in refusal to license cases; in fact, it is disappointing in this regard. Secondly, we demonstrate that the basic idea of the Incentives Balance Test can be interpreted as a test whether the specific IPRs of the dominant firm can be defended from the perspective of the economics of IPRs. This implies that Article 82 allows competition law to correct economically not optimal IPRs through a specific economic analysis. This is followed by a broad overview on theoretical and empirical insights from economics of IPRs, innovation economics and competition and network economics that can help to develop a more general and sophisticated Innovation Effects Test that can be applied in Article 82 refusal to license cases. (shrink)

This paper argues that throughout his intellectual career, Hobbes remains unsatisfied with his own attempts at proving the invariant advisability of contract-keeping. Not only does he see himself forced to abandon his early idea that contractual obligation is a matter of physical laws. He also develops and retains doubts concerning its theoretical successor, the doctrine that the obligatoriness characteristic of contracts is the interest in self-preservation in alliance with instrumental reason - i.e. prudence. In fact, it is during (...) his work on Leviathan that Hobbes notes the doctrine's main shortcoming, namely the limitation of its dialectical potential to cases in which contract-breakers are publicly identifiable. This essay shows Hobbes's doubts about his Leviathan's treatment of contractual obligation by way of a close reading of its central 15 th chapter and an analysis of some revealing shifts between the English Leviathan and the Latin edition. The paper ends by suggesting that Hobbes's awareness of the flaws at the heart of his political philosophy helps account for some striking changes in his latest writings. (shrink)

The author introduces the notions of crucial argument and crucial evidence in the philosophy of intellectual history (broadly construed, including the history of political thought). He will use these concepts and take sides in an important controversy in Hobbes studies, namely whether Hobbes holds a prudential or a deontological theory of contractual obligation. Though there is textual evidence for both readings, he will argue that there is especially relevant evidence - crucial evidence - for interpreting Hobbes's account in (...) a deontological fashion. (shrink)

This paper is about the moral status of those human beings with profound intellectual disabilities (PIDs). We hold the common sense view that they have equal status to ‘normal’ human beings, and a higher status than any non-human animal. We start with an admission, however: we don’t know how to give a fully satisfying theoretical account of the grounds of moral status that explains this view. And in fact, not only do we not know how to give such an (...) account, but the most satisfying account of moral status that we know (which we call ‘the standard account’) entails that our view is false. It entails that those with PIDs have a lower status than ordinary human beings and an equal status to non-human animals. Now, in this paper, we do absolutely nothing to try to show where the standard account goes wrong, and we do absolutely nothing to resolve the difficulties we see in developing an alternative account that supports our view. Indeed, we do not give any argument against the standard account or in favour of our own view. Instead, we raise the following question: in order to be justified in continuing to hold our view, are we obliged to give such an account? Our answer will be that we are not. (shrink)

Scott Welsh is likely to elicit a sigh of relief from the many academics who struggle with what, if any, public intellectual persona they should adopt. Welsh (2012) argues against a broad swathe of mostly left-leaning rhetorical scholars that the academic’s democratic duty is adequately discharged by providing suitably ambivalent rhetorical resources for others to use in their political struggles. For Welsh, following Slavoj Žižek (2008), the scholar’s first obligation is to “enjoy your symptom”—that is, to demonstrate in (...) one’s discursive practice the problematic nature of trying to claim epistemic privilege in a society ostensibly of equals. The main conceptual difference between Welsh’s and my own conception of .. (shrink)

Available from UMI in association with The British Library. ;This study of David Hume suggests that the unity of his thought is to be found more in an attitude of mind than in a precise body of epistemological statements. His 'mitigated scepticism' was the original combination of an experimental approach with a searching mind and a rather disenchanted attitude towards the attainment of perfection in knowledge and in the practical world. But my thesis addresses these questions only implicitly. The general (...) picture of the Humean approach to things political and philosophical is depicted against the background of a close examination of two other themes: Hume's development towards a more 'popular' philosophy and the philosophical import of his moral and political theory. The first subject is studied through an analysis of the formal qualities of Hume's philosophical writings; the second, through a discussion of Hume's position on the origin of justice and government and one's obligation to them. The conclusion that my thesis tentatively advances is that both in metaphysics and politics Hume's approach is based upon the attainment of a state of equilibrium between theoretical and practical considerations, and between sceptical and naturalistic tendencies. Hume's desire for balance can only be understood within the intellectual context of eighteenth century thought. This is the reason for the considerable attention that the thesis devotes to the reconstruction of the historical setting within which Hume's thought developed. However, when correctly interpreted, Hume's ideas clearly have a contribution to make to an understanding of a world which is very different from his own. (shrink)

The effective provision of psychotherapy services to individuals with intellectual disability requires consideration of ethical issues related to clinical competence, access to services, obligations to multiple parties, guardianship, and appropriate assessment practices. This article provides an overview of major ethical considerations with guidance for clarifying and resolving common ethical concerns. Psychologists are encouraged to expand access to psychotherapy services for this population while maintaining awareness of potential modifications, training needs, and boundaries of professional competence. The authors provide recommendations and (...) resources for effective and ethical treatment of psychotherapy clients with intellectual disabilities. (shrink)

Scientific and political developments of the early twentieth century led Michael Polanyi to study the role of the scientist in research and the interaction between the individual scholar and the surrounding conditions in community and society. In his concept of “personal knowledge” he gave the theory and history of science an anthropological turn. In many instances of the history of sciences, research is driven by a commitment to beliefs and values. Society plays the role of authority and communicative backdrop that (...) presupposes individual liberty. As a system of beliefs science is rooted in community and also in history. However, as soon as fellow humans become the objects of research, their appeal transcends the researcher. Consequently, the history of human endeavor reveals a “firmament” of standards and obligations which represent an ontological reality, for which Polanyi invokes Teilhard de Chardin’s notion of noosphere. (shrink)

I offer you some theories of intellectual obligations and rights (virtue Ethics): initially, RBT (a Right to Believe Truth, if something is true it follows one has a right to believe it), and, NDSM (one has no right to believe a contradiction, i.e., No right to commit Doxastic Self-Mutilation). Evidence for both below. Anthropology, Psychology, computer software, Sociology, and the neurosciences prove things about human beliefs, and History, Economics, and comparative law can provide evidence of value about theories of (...) rights. However, insofar as we have methods within Philosophy to help us formulate precise concepts of 'belief' and 'rights', methods that also help us to prove links (or absence thereof) amongst families of concepts of rights and belief, our discipline is in and of itself capable of sound reasoning about issues as puzzling as the following. Suppose a Jane who does not believe in God yet who believes she ought to so believe: Jane is undergoing doxastic moral regret (moral regret for lack of faith). We have all known such Janes and perhaps at one time or another even been one. Paradox: given RBT and NDSM, Jane as described not only does not exist, Jane cannot exist. Thus, to enrich the ways in which Philosophy need not get all its evidence from other academic disciplines, I present a brief introduction to what I call Neutral Universal Frames (NUFs). NUFs solve hard puzzles about interactions among modal concepts of belief and rights, concepts that occur in RBT, NDSM and the description of our Janes. NUFs for theories precisely articulated via any two or more modal concepts are a powerful and immensely general set of tools enabling us to define rich theories of truth ("models on frames") to test philosophical theories for internal consistency and to prove the existence of connections (or absence thereof) amongst alternative articulations of philosophical theories. NUFs thereby add to the constructive knowledge producing way Logics intersect with Philosophy of Religion. And we will soon see why Jane, be she named 'Jane' or known simply as you: cannot exist. Read on at your own risk. (shrink)

The Russian philosopher and cultural theorist Mikhail Bakhtin has traditionally been seen as the leading figure in the group of intellectuals known as the Bakhtin Circle. The writings of other members of the Circle are considered much less important than his work, while Bakhtin's achievement has been exaggerated in proportion to the downgrading of the thinkers with whom he associated in the 1920s. This volume, which includes new translations and studies of the work of the most important members of the (...) Circle, sets out to correct the distortions in the established representations of its activity. The original contributions to literary and linguistic theory made by Valentin Voloshinov and Pavel Medvedev (but frequently credited to Bakhtin) are assessed, and the distinctiveness of their approaches is highlighted. (shrink)