The past three decades have seen a decline in traditional industries in the United Kingdom and there has been a relative decline in the value of physical assets to the UK economy. At the same time, the value of intangible assets seen in intellectual property rights have increased considerably. As such, IP rights represent important assets for companies and often comprise the foundation for market dominance and continued profitability. There is a structural uncertainty in the law relating to the use (...) of IP as collateral for the purpose of raising debt finance and this may impact upon the survival of firms with high ratios of intangible to tangible assets. This article considers the proper goals for an effective credit and security regime in IP. It examines the significance of the availability of collateral to the lending decision and also considers whether the reluctance to maximise the use of IP as security reflects inherent difficulties which arise out of the nature of IP as economic assets. This has implications for the reform of English personal property security law and the development of bright line priority rules associated with Article 9 of the US Uniform Commercial Code which is often cited as a model for reform of English law. (shrink)

There is currently an unrecognised conflict between the utilitarian nature of the overall NHS and the basic deontology of the doctor-patient interaction. This conflict leads to mistrust and misunderstanding between managers and clinicians. This misunderstanding is bad for both doctors and managers, and also leads to waste of time and resources, and poorer services to patients. The utilitarian thinkers tend to value finite, short term, evidence based technical interventions, delivered according to specifications and contracts. They appear happy to break care (...) up into smaller pieces, which can then be commissioned from multiple providers. The deontological thinkers tend to think about care delivered through a long term continuous relationship, and regard that relationship as therapeutic and salutogenic in itself. To them breaking care up into smaller fragments is a denial of what caring is really about. Very rarely are either or both sides of this debate fully aware of where their powerfully felt and often well argued positions start from. In this paper we offer an appraisal of the strengths and weaknesses of both moral viewpoints as applied in the UK NHS context and we suggest a way in which they can be reconciled, provided neither is pushed too far or too hard against the other. We believe this reconciliation would be good for patients, doctors, managers and improve the service as a whole. (shrink)

Martin Davies; II*—Perceptual Content and Local Supervenience, Proceedings of the Aristotelian Society, Volume 92, Issue 1, 1 June 1992, Pages 21–46, https://do.

In this richly argued and provocative book, David Davies elaborates and defends a broad conceptual framework for thinking about the arts that reveals important continuities and discontinuities between traditional and modern art, and between different artistic disciplines. Elaborates and defends a broad conceptual framework for thinking about the arts. Offers a provocative view about the kinds of things that artworks are and how they are to be understood. Reveals important continuities and discontinuities between traditional and modern art. Highlights core (...) topics in aesthetics and art theory, including traditional theories about the nature of art, aesthetic appreciation, artistic intentions, performance, and artistic meaning. (shrink)

Throughout the COVID-19 pandemic, shortages of scarce healthcare resources consistently presented significant moral and practical challenges. While the importance of vaccines as a key pharmaceutical intervention to stem pandemic scarcity was widely publicized, a sizable proportion of the population chose not to vaccinate. In response, some have defended the use of vaccination status as a criterion for the allocation of scarce medical resources. In this paper, we critically interpret this burgeoning literature, and describe a framework for thinking about vaccine-sensitive resource (...) allocation using the values of responsibility, reciprocity, and justice. Although our aim here is not to defend a single view of vaccine-sensitive resource allocation, we believe that attending critically with the diversity of arguments in favor (and against) vaccine-sensitivity reveals a number of questions that a vaccine-sensitive approach to allocation should answer in future pandemics. (shrink)

The use of prisoners as research participants is controversial. Efforts to protect them in response to past exploitation and abuse have led to strict regulations and reluctance to involve them as participants. Hence, prisoners are routinely denied the opportunity to participate in research. In the absence of comprehensive information regarding prisoners’ current involvement in research, we examined UK prisoners’ involvement through review of research applications to the UK National Research Ethics Service. We found that prisoners have extremely limited access to (...) research participation. This analysis was augmented by a survey of those involved in research and research governance (UK researchers and Research Ethics Committee members). Our results suggest that pragmatic concerns regarding the perceived burden of including prisoners are far more prominent in motivating their exclusion than ethical concerns or knowledge of regulations. While prisoners may remain a vulnerable research population due to constraints upon their liberty and autonomy and the coercive nature of the prison environment, routine exclusion from participation may be disadvantageous. Rigorous ethical oversight and the shift in the prevailing attitude towards the risks and benefits of participation suggest that it may be time for research to be more accessible to prisoners in line with the principle of equivalence in prison healthcare. We suggest the necessary first step in this process is a re-examination of current guidance in the UK and other countries with exclusions. (shrink)

Contract cheating is a major problem in Higher Education because it is very difficult to detect using traditional plagiarism detection tools. Digital forensics techniques are already used in law to determine ownership of documents, and also in criminal cases, where it is not uncommon to hide information and images within an ordinary looking document using steganography techniques. These digital forensic techniques were used to investigate a known case of contract cheating where the contract author has notified the university and the (...) student subsequently confirmed that they had contracted the work out. Microsoft Word documents use a format known as Office Open XML Format, and as such, it is possible to review the editing process of a document. A student submission known to have been contracted out was analysed using the revision identifiers within the document, and a tool was developed to review these identifiers. Using visualisation techniques it is possible to see a pattern of editing that is inconsistent with the pattern seen in an authentic document. (shrink)

Health institutions recommend that young infants be exclusively breastfed on demand, and it is widely held that parents who can breastfeed have an obligation to do so. This has been challenged in recent philosophical work, especially by Fiona Woollard. Woollard’s work critically engages with two distinct views of parental obligation that might ground such an obligation—based on maximal benefit and avoidance of significant harm—to reject an obligation to breastfeed. While agreeing with Woollard’s substantive conclusion, this paper (drawing on philosophical discussion (...) of the ‘right to rear’) argues that there are several more moderate views of parental obligation which might also be thought to ground parental obligation. We first show that an obligation to breastfeed might result not from a general obligation to maximally benefit one’s child, but from what we call ‘choice-specific’ obligations to maximise benefit within particular activities. We then develop this idea through two views of parental obligation—the Dual Interest view, and the Best Custodian view—to ground an obligation to exclusively breastfeed on demand, before showing how both these more moderate views fail. Finally, we argue that not only is there no general obligation to breastfeed children, but that it is often morally right not to do so. Since much advice from health institutions on this issue implies that exclusive breastfeeding on demand is the best option for all families, our argument drives the feeding debate forward by showing that this advice often misrepresents parents’ moral obligations in potentially harmful ways. (shrink)

Although successive generations of digital technology have become increasingly powerful in the past 20 years, digital democracy has yet to realize its potential for deliberative transformation. The undemocratic exploitation of massive social media systems continued this trend, but it only worsened an existing problem of modern democracies, which were already struggling to develop deliberative infrastructure independent of digital technologies. There have been many creative conceptions of civic tech, but implementation has lagged behind innovation. This article argues for implementing one such (...) vision of digital democracy through the establishment of a public corporation. Modeled on the Corporation for Public Broadcasting in the United States, this entity would foster the creation of new digital technology by providing a stable source of funding to nonprofit technologists, interest groups, civic organizations, government, researchers, private companies, and the public. Funded entities would produce and maintain software infrastructure for public benefit. The concluding sections identify what circumstances might create and sustain such an entity. (shrink)

Перевод статьи: Davies T., Chandler R. Online deliberation design: Choices, criteria, and evidence // Democracy in motion: Evaluating the practice and impact of deliberative civic engagement / Nabatchi T., Weiksner M., Gastil J., Leighninger M. (eds.). -- Oxford: Oxford univ. press, 2013. -- P. 103-131. А. Кулик. -/- Вниманию читателей предлагается обзор эмпирических исследований в области дизайна онлайн-форумов, предназначенных для вовлечения граждан в делиберацию. Размерности дизайна определены для различных характеристик делиберации: назначения, целевой аудитории, разобщенности участников в пространстве и во (...) времени, среды коммуникации и организации делиберативного процесса. После краткого обзора критериев оценки вариантов дизайна рассматриваются эмпирические данные, соотносящиеся с каждым из вариантов. Эффективность онлайн-делиберации зависит от того, насколько условия коммуникации соотносятся с заданиями делиберации. Компромиссы, как, например, между анонимным или идентифицируемым участием, предполагают различные дизайны в зависимости от цели делиберации и состава участников. Выводы исследования получены на материале существующих технологий и могут измениться по мере коэволюции технологий и пользователей. (shrink)

In the atavistic model of cancer progression, tumor cell dedifferentiation is interpreted as a reversion to phylogenetically earlier capabilities. The more recently evolved capabilities are compromised first during cancer progression. This suggests a therapeutic strategy for targeting cancer: design challenges to cancer that can only be met by the recently evolved capabilities no longer functional in cancer cells. We describe several examples of this target‐the‐weakness strategy. Our most detailed example involves the immune system. The absence of adaptive immunity in immunosuppressed (...) tumor environments is an irreversible weakness of cancer that can be exploited by creating a challenge that only the presence of adaptive immunity can meet. This leaves tumor cells more vulnerable than healthy tissue to pathogenic attack. Such a target‐the‐weakness therapeutic strategy has broad applications, and contrasts with current therapies that target the main strength of cancer: cell proliferation. (shrink)

Online deliberation is one important instance of civic tech that is both for and by the citizens, through engaging citizens in Internet-supported deliberative discussions on public issues. This article explains the origins of a set of symposium articles in this journal issue based on the 2017 'International Conference on Deliberation and Decision Making: Interdisciplinary Perspectives on Civic Tech' held in Singapore. Symposium articles are presented in a sequence that flows from designing decision making systems to platforms to specific technological nudges.

When A utters a declarative sentence in a context to B, typically A can mean a proposition by the sentence, the sentence in context literally expresses a proposition, there are propositions A and B can agree the sentence literally expressed, and B can acquire knowledge from this testimonial exchange. In recent work on linguistic communication, each of these four platitudes has been challenged, and on the same basis: viz. on the ground that exactly which proposition the sentence expressed in context (...) is not discernible given the information provided by the context. I argue that, even if this is true, there will be propositional parts of the proposition expressed by the sentence in context which can be identified and that, consequently, the partial understanding afforded by the existence of such identifiable parts undermines the soundness of the arguments against the platitudes. (shrink)

Martin Davies; V*—Idiom and Metaphor, Proceedings of the Aristotelian Society, Volume 83, Issue 1, 1 June 1983, Pages 67–86, https://doi.org/10.1093/aristotelia.

[Crispin Wright] Two kinds of epistemological sceptical paradox are reviewed and a shared assumption, that warrant to accept a proposition has to be the same thing as having evidence for its truth, is noted. 'Entitlement', as used here, denotes a kind of rational warrant that counter-exemplifies that identification. The paper pursues the thought that there are various kinds of entitlement and explores the possibility that the sceptical paradoxes might receive a uniform solution if entitlement can be made to reach sufficiently (...) far. Three kinds of entitlement are characterised and given prima facie support, and a fourth is canvassed. Certain foreseeable limitations of the suggested anti-sceptical strategy are noted. The discussion is grounded, overall, in a conception of the sceptical paradoxes not as directly challenging our having any warrant for large classes of our beliefs but as crises of intellectual conscience for one who wants to claim that we do. /// [ Martin Davies] Wright's account of sceptical arguments and his use of the idea of epistemic entitlement are reviewed. His notion of non-transmission of epistemic warrant is explained and a concern about his notion of entitlement is developed. An epistemological framework different from Wright's is described and several notions of entitlement are introduced. One of these, negative entitlement, is selected for more detailed comparison with Wright's notion. Thereafter, the paper shows how the two notions of entitlement have contrasting consequences for non-transmission of warrant and how they go naturally with two conceptions of the presuppositions of epistemic projects. Problems for negative entitlement are explained and solutions are proposed. (shrink)

ABSTRACT It has become standard to conceive of metalinguistic disagreement as motivated by a form of negotiation, aimed at reaching consensus because of the practical consequences of using a word with one content rather than another. This paper presents an alternative motive for expressing and pursuing metalinguistic disagreement. In using words with given criteria, we betray our location amongst social categories or groups. Because of this, metalinguistic disagreement can be used as a stage upon which to perform a social identity. (...) The ways in which metalinguistic disagreements motivated in this way diverge in character from metalinguistic negotiations are described, as are several consequences of the existence of metalinguistic disagreements motivated in this way. (shrink)

Cognitive approaches contribute to our understanding of delusions by providing an explanatory framework that extends beyond the personal level to the sub personal level of information-processing systems. According to one influential cognitive approach, two factors are required to account for the content of a delusion, its initial adoption as a belief, and its persistence. This chapter reviews Bayesian developments of the two-factor framework.

This paper examines the strategies for the legitimisation of power in courtroom encounters. It focuses on how discourse becomes the instrument for power and control during the judicial process of witness examination in a Nigerian courtroom context. Legitimisation, as used in this study, therefore, provides more insight into how language use within an institutionalised setting becomes the locus of social interactions designed to achieve specific social goals. Critical Discourse Analysis (CDA) was adopted as the theoretical framework to undergird the description (...) and discussion of the data. The data for this study was drawn from the proceedings of two regional Election Petition Tribunals in South-western and North-eastern Nigeria in 2007 and 2011 respectively. The legal contexts provide the adversarial space for the use of discourse as power and control. The findings reveal that various legitimisation strategies such as confrontational move, circumlocution and pleading forgetfulness along with such traditional strategies as authorisation, moralisation and rationalisation are deployed by the discourse participants to legitimise and delegitimise power in this institutional setting. The paper shows that language is crucial in the judicial process and should be carefully handled so that litigants can have sufficient confidence in the process and be reassured of effective resolution to their legal matters. (shrink)

This anthology translates eighteen papers by Italian philosopher and experimental psychologist Paolo Bozzi, bringing his distinctive and influential ideas to an English-speaking audience for the first time. The papers cover a range of methodological and experimental questions concerning the phenomenology of perception and their theoretical implications, with each one followed by commentary from leading international experts. In his laboratory work, Bozzi investigated visual and auditory perception, such as our responses to pendular motion and bodies in freefall, afterimages, transparency effects, and (...) grouping effects in dot lattices and among sounds. Reflecting on the results of his enquiries against the background of traditional approaches to experimentation in these fields, Bozzi took a unique realist stance that challenges accepted approaches to perception, arguing that experimental phenomenology is neither a science of the perceptual process nor a science of the appearances; it is a science of how things are. The writings collected here offer an important resource for psychologists of perception and philosophers, as well as for researchers in cognitive science. (shrink)

Professor Strawson was interviewed on video on location at King's College, London during the Spring of 1992. Professor Strawson discusses his thoughts on a variety of topics on which he has written previously, providing some illuminating insights into how his thoughts has progressed. The text published here is en excerpt from this interview, translated with kind permission of Mr Rudolf V. Fara, the producer, in which prof. Strawson discusses his philosophical views with Martin Davies, Wilde Reader in Mental Philosophy (...) at Oxford University, and Mark Sainsbury, Susan Stebbing Professor of Philosophy at King's College, University of London. (shrink)

ABSTRACTThere is a growing body of literature describing conceptual frameworks for working with participatory visual methods. Through a global health lens, this paper examines some key themes within these frameworks. We reflect on our experiences of working with with an array of PVM to engage community members in Vietnam, Kenya, the Philippines and South Africa in biomedical research and public health. The participants that we have engaged in these processes live in under-resourced areas with high prevalence of communicable and non-communicable (...) diseases. Our paper describes some of the challenges that we have encountered while using PVM to foster knowledge exchange, build relationships and facilitate change among individuals and families, community members, health workers, biomedical scientists and researchers. We consider multiple ethical situations that have arisen through our work and discuss the ways in which we have navigated and negotiated them. We offer our reflections and learning from facil... (shrink)

Psychiatry widely assumes an internalist biomedical model of mental illness. I argue that many of psychiatry’s diagnostic categories involve an implicit commitment to constitutive externalism about mental illness. Some of these categories are socially externalist in nature.

Research integrity and misconduct have recently risen to public attention as policy issues. Concern has arisen about divergence between this policy discourse and the language and concerns of scientists. This interview study, carried out in Denmark with a cohort of highly internationalised natural scientists, explores how researchers talk about integrity and good science. It finds, first, that these scientists were largely unaware of the Danish Code of Conduct for Responsible Conduct of Research and indifferent towards the value of such codes; (...) second, that they presented an image of good science as nuanced and thereby as difficult to manage through abstracted, principle-based codes; and third, that they repeatedly pointed to systemic issues both as triggering misconduct and as ethical problems in and of themselves. Research integrity is framed as a part of wider moves to ‘responsibilise’ science; understood in these terms, resistance to codes of conduct and the representation of integrity as a problem of science as a whole can be seen as a rejection of a neoliberal individualisation of responsibility. (shrink)

Globally, academic integrity and misconduct is a continuing conundrum for education institutions. Whilst the online delivery of education is not new, the onset of Covid-19 with accompanying health and safety limitations and the consequential rapid transition to emergency online delivery of education has, for many, exacerbated the need to focus on emerging potential for new forms of student academic misconduct i.e., e-dishonesty. This paper presents the strategies developed by a higher education institution specializing in university courses for safety and security (...) professionals in the United Arab Emirates to address academic integrity during Covid-19 and beyond. The fundamental approach draws on lessons learnt from across the education community and focuses on engaging a comprehensive whole of Academy commitment to a high standard of academic integrity. The research investigated the outcomes of the academic integrity interventions in a total student population of 631. The early trending results of the strategies are encouraging, whilst monitoring of the ever-changing academic assessment landscape is pivotal to ensure these early trends are validated and sustained. The strategies developed and deployed by the Academy are replicable and offer a contribution to the demanding and complex challenge of establishing academic integrity within educational institutions across the world. (shrink)

In this article, Badiou analyzes and rejects a classical model of politics based on state representation. He envisions a new model of politics without representation and claims that this new model is more closely tied to the ethical.

A deep and precise introduction to the philosophy of religion that is also remarkably clear and insightful. The author has a conversation with the student and uses concrete examples to explain often abstract concepts and issues.

Much of the modern period was dominated by a `reductionist' theory of science. On this view, to explain any event in the world is to reduce it down to fundamental particles, laws, and forces. In recent years reductionism has been dramatically challenged by a radically new paradigm called `emergence'. According to this new theory, natural history reveals the continuous emergence of novel phenomena: new structures and new organisms with new causal powers. Consciousness is yet one more emergent level in the (...) natural hierarchy. Many theologians and religious scholars believe that this new paradigm may offer new insights into the nature of God and God's relation to the world. This volume introduces readers to emergence theory, outlines the major arguments in its defence, and summarizes the most powerful objections against it. Written by experts but suitable as an introductory text, these essays provide the best available presentation of this exciting new field and its potentially momentous implications. (shrink)

There is significant controversy over whether patients have a ‘right not to know’ information relevant to their health. Some arguments for limiting such a right appeal to potential burdens on others that a patient’s avoidable ignorance might generate. This paper develops this argument by extending it to cases where refusal of relevant information may generate greater demands on a publicly funded healthcare system. In such cases, patients may have an ‘obligation to know’. However, we cannot infer from the fact that (...) a patient has an obligation to know that she does not also have a right not to know. The right not to know is held against medical professionals at a formal institutional level. We have reason to protect patients’ control over the information that they receive, even if in individual instances patients exercise this control in ways that violate obligations. (shrink)

It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that the (...) resulting predictive model does not use race as an explicit predictor. However, if race is correlated with measured recidivism in the training data, the ML tool may ‘learn’ a perfect proxy for race. If such a proxy is found, the exclusion of race would do nothing to weaken the correlation between risk (mis)classifications and race. Is this a problem? We argue that, on some explanations of the wrongness of discrimination, it is. On these explanations, the use of an ML tool that perfectly proxies race would (likely) be more wrong than the use of a traditional tool that imperfectly proxies race. Indeed, on some views, use of a perfect proxy for race is plausibly as wrong as explicit racial profiling. We end by drawing out four implications of our arguments. (shrink)

The orthodox monadic determination thesis holds that we represent colour relations by virtue of representing colours. Against this orthodoxy, I argue that it is possible to represent colour relations without representing any colours. I present a model of iconic perceptual content that allows for such primitive relational colour representation, and provide four empirical arguments in its support. I close by surveying alternative views of the relationship between monadic and relational colour representation.

I introduce a distinction between health need and medical need, and raise several questions about their interaction. Health needs are needs that relate directly to our health condition. Medical needs are needs which bear some relation to medical institutions or processes. I suggest that the question of whether medical insurance or public care should cover medical needs, health needs, or only needs which fit both categories is a political question that cannot be resolved definitionally. I also argue against an overly (...) strict definition of medical need on the grounds that this presupposes, wrongly, that medical intervention should always be a last resort. (shrink)

This paper investigates the difficulties of creating economic, social, and environmental values when operating as a hybrid venture. Drawing on hybrid organizing and sustainable business model research, it explores the implications of alternative forms of business model experimented with by farmer owned, fairtrade social enterprise Cafédirect. Responding to changes and challenges in the market and societal environment, Cafédirect has tried multiple business model innovations to deliver on all three forms of value capture, with differing levels of success. This longitudinal case (...) study, therefore, provides a contribution to our understanding of how business models enact hybrid mission, providing a platform for triple-bottom-line value capture. In doing so, we are able to expand on the normative understandings of integrating hybrid objectives, and the complications of multiple types of value capture. (shrink)

Philosophy has much to offer psychiatry, not least regarding ethical issues, but also issues regarding the mind, identity, values, and volition. This has become only more important as we have witnessed the growth and power of the pharmaceutical industry, accompanied by developments in the neurosciences. However, too few practising psychiatrists are familiar with the literature in this area. -/- The Oxford Handbook of Philosophy and Psychiatry offers the most comprehensive reference resource for this area ever published. It assembles challenging and (...) insightful contributions from key philosophers and others to the interactive fields of philosophy and psychiatry. Each contributions is original, stimulating, thorough, and clearly and engagingly written - with no potentially significant philosophical stone left unturned. Broad in scope, the book includes coverage of several areas of philosophy, including philosophy of mind, science, and ethics. For philosophers and psychiatrists, The Oxford Handbook of Philosophy and Psychiatry is a landmark publication in the field - one that will be of value to both students and researchers in this rapidly growing area. (shrink)