This paper describes intellectual property legislation in the European Union, the US and the Draft Treaty on the legal protection of unoriginal databases, usually available in the Internet. I argue that this type of legislation, if enforced upon developing countries and countries in transition through international ‘agreements’, could in effect deprive them of their own information commons, their own public domain. With examples from China, India, Africa and Iceland, I argue that this deprivation in the case of developing countries is, (...) morally, equal to a virtual war against them by the West, wholly unjustified and dangerous-an example of virtual imperialism. (shrink)

Organized into three main parts, this paper examines some challenges for the informed-consent process in medical research where DNA databanks are employed. In Part 1, we briefly describe the principle of informed consent and show why it is ethically important. Part 2 focuses on some specific challenges that that arise for the traditional informed-consent process in population-wide genetics/genomics research, especially where data-mining techniques are used. In the third and final section, we defend a model of consent based on the notion (...) of a "charitable trust," which we believe can help to preserve the integrity of the consent process in the context of medical and genetic research involving DNA databanks. (shrink)

Daniele Botti argues that John Rawls’s philosophy is importantly connected with classical American pragmatism and that Rawls’s intellectual trajectory did not take a “pragmatic turn” in the 1980s but possibly an “un-pragmatic” one. Both claims go against conventional wisdom, and Botti corroborates them with archival research.

We propose a formal framework to examine the relationship between models and observations. To make our analysis precise,models are reduced to first-order theories that represent both terminological knowledge – e.g., the laws that are supposed to regulate the domain under analysis and that allow for explanations, predictions, and simulations – and assertional knowledge – e.g., information about specific entities in the domain of interest. Observations are introduced into the domain of quantification of a distinct first-order theory that describes their nature (...) and their organization and takes track of the way they are experimentally acquired or intentionally elaborated. A model mainly represents the theoretical knowledge or hypotheses on a domain, while the theory of observations mainly represents the empirical knowledge and the given experimental practices. We propose a precise identity criterion for observations and we explore different links between models and observations by assuming a degree of independence between them. By exploiting some techniques developed in the field of social choice theory and judgment aggregation, we sketch some strategies to solve inconsistencies between a given set of observations and the assumed theoretical hypotheses. The solutions of these inconsistencies can impact both the observations – e.g., the theoretical knowledge and the analysis of the way observations are collected or produced may highlight some unreliable sources – and the models – e.g. empirical evidences may invalidate some theoretical laws. (shrink)

In this paper, I argue that the debate on Composition as Identity—the thesis that any composite object is identical to its parts—is deadlocked because both the defenders and the detractors of the claim have so far failed to take its philosophical core at face value and have, as a result, defended and criticized respectively something that is not Composition as Identity. After establishing how Composition as Identity should properly be understood and proposing for it a new interpretation centered around the (...) novel notion of metaphysical information, I set forth a strategy to defend it that crucially rests on the indefinite extensibility of the domain of quantification. I eventually suggest that “Composition as Analysis” is a name that better reflects the content and theoretical proposal of the thesis that Composition as Identity is supposed to be. (shrink)

Human nature has always been a foundational issue for philosophy. What does it mean to have a human nature? Is the concept the relic of a bygone age? What is the use of such a concept? What are the epistemic and ontological commitments people make when they use the concept? In What’s Left of Human Nature? Maria Kronfeldner offers a philosophical account of human nature that defends the concept against contemporary criticism. In particular, she takes on challenges related to (...) social misuse of the concept that dehumanizes those regarded as lacking human nature (the dehumanization challenge); the conflict between Darwinian thinking and essentialist concepts of human nature (the Darwinian challenge); and the consensus that evolution, heredity, and ontogenetic development results from nurture and nature. After answering each of these challenges, Kronfeldner presents a revisionist account of human nature that minimizes dehumanization and does not fall back on outdated biological ideas. Her account is post-essentialist because it eliminates the concept of an essence of being human; pluralist in that it argues that there are different things in the world that correspond to three different post-essentialist concepts of human nature; and interactive because it understands nature and nurture as interacting at the developmental, epigenetic, and evolutionary levels. On the basis of this, she introduces a dialectical concept of an ever-changing and “looping” human nature. Finally, noting the essentially contested character of the concept and the ambiguity and redundancy of the terminology, she wonders if we should simply eliminate the term “human nature” altogether. (shrink)

For the first time in print, this article reports passages from John Rawls’s graduate papers and annotations on books and manuscripts from his personal library. The analysis of this material shows the historical inaccuracy of the widespread assumption that Rawls’s philosophy owes very little to American pragmatism. Peirce’s notion of truth, as well as the holistic critique of pragmatism thatMortonWhite began in the late 1940s, prove significant at the very beginning of Rawls’s philosophical enterprise. In the light of this material, (...) it might be argued that Rawls’s elaboration of ‘reflective equilibrium’ started at least in part as an attempt to overcome the pending problems of pragmatism. (shrink)

The age of digital technology has introduced new complications into the issues of fair and private use of copyrighted material. In fact, the question of private use of another's work has been transformed from a side issue in intellectual property jurisprudence into the very center of intellectual property discussions about rights and privileges in a networked world. This paper will explore the nuanced difference between fair and private use as articulated in the US and the European Copyright Laws. Part One (...) will explain the legal use and meaning of fair use and its justifications. We maintain that it is almost impossible to resolve the issue of the fair/private use's legal nature, if one has not previously resolved copyright's legal nature. Legal resolution of such conflicts, as we shall demonstrate, follows different rules, and the messages sent to users and authors vary greatly depending on the jurisdiction. Part Two will examine the issue of Private Use as Fair Use by Design. We will look at the impact of Digital Rights Management on fair use and explore if the nature of private use as fair use has changed because we are dealing with the protection of digital content. We will show that protecting digital works by code, via various digital rights management schemes is shrinking the public domain of information and restricting private use as fair use. (shrink)

This paper revisits Donnellan’s distinction between referential and attributive uses of definite descriptions and argues that it is not exhaustive. Donnellan characterizes the distinction in terms of two criteria: the speaker’s intentions and the type of content the speaker aims to express. I argue that contrary to the common view, these two criteria are independent and that the distinctive features may be coinstantiated in more than two ways. This leaves room for nonattributive and nonreferential uses of definite descriptions. Kripke’s notions (...) of general and specific intentions provide a framework that accommodates such cases. Additionally, it proves useful for the analysis of the use of proper names with specific nonsingular intentions. The paper also discusses how the interpretation of the use of definite descriptions as attributive or referential (or neither) is sensitive to which theory of singular thoughts one adopts. (shrink)

"Dr. Montessori was par excellence the great interpreter of the child; and though she herself has passed on from the scene of her labours her work will still go on."-- Westminster Cathedral Chronicle One of the landmark books in the history of education--and one of the least expensive editions now available--this volume describes a new system for educating youngsters. Based on a radical concept of liberty for the pupil and highly formal training of separate sensory, motor, and mental capacities, the (...) system enabled youngsters to master reading, writing, and arithmetic rapidly and substantially. Included are discussions of scientific pedagogy; discipline; the importance of proper diet, gymnastics, and manual labor; and many other topics. Unabridged reprint of the classic 1912 edition. (shrink)

This paper addresses whether the often-bemoaned loss of unity of knowledge about humans, which results from the disciplinary fragmentation of science, is something to be overcome. The fragmentation of being human rests on a couple of distinctions, such as the nature-culture divide. Since antiquity the distinction between nature (roughly, what we inherit biologically) and culture (roughly, what is acquired by social interaction) has been a commonplace in science and society. Recently, the nature/culture divide has come under attack in various ways, (...) in philosophy as well as in cultural anthropology. Regarding the latter, for instance, the divide was quintessential in its beginnings as an academic dis-cipline, when Alfred L. Kroeber, one of the first professional anthropologists in the US, rallied for (what I call) the right to ignore—in his case, human nature—by adopting a separationist epistemic stance. A separationist stance will be understood as an epistemic research heuristic that defends the right to ignore a specif-ic phenomenon (e.g., human nature) or a specific causal factor in an explanation typical for a disciplinary field. I will use Kroeber’s case as an example for making a general point against a bias towards integration (synthesis bias, as I call it) that is exemplified, for instance, by defenders of evolutionary psychology. I will claim that, in principle, a separationist stance is as good as an integrationist stance since both can be equally fruitful. With this argument from fruitful sepa-ration in place, not just the separationist stance but also the nature/culture di-vide can be defended against its critics. (shrink)

This paper reflects on the notion and structural components of two concepts: the human condition and human nature. Likewise, it is proposed that both concepts should be included in the basic themes not only in the field of Educational Philosophy, but also in all disciplines where the human being occupies a privileged place. Human condition is understood as a state of subjection to everything with which human beings interact and represents the starting point to ascend to three natures that correspond (...) to human beings. Hegel emphasizes two natures of man. The first is characterized by having a biological structure governed by instincts. The second is culture and to ascend to it requires processes of intellection that can be objectified through consciousness. The third human nature proposed in this paper is rooted in Ernst Bloch’s principle of hope. It is materialized by human actions tending to the construction of the future from the discovery of what is not-yet-conscious that, when identified, is achieved through actions. (shrink)

Detecting sensitive information considering privacy is a relevant issue on Online Social Networks (OSNs). It is often difficult for users to manage the privacy associated with their posts on social networks taking into account all the possible consequences. The aim of this work is to provide information about the sensitivity of the content of a publication when a user is going to share it in OSN. For this purpose, we developed a privacy-assistant agent that detects sensitive information. Based on this (...) information, the agent provides a message through a nudge mechanism warning about the possible risks of sharing the message. To avoid being annoying, the agent also considers the user’s previous behaviour (e.g. if he previously ignored certain nudges) and adapts the messages it sends to give more relevance to those categories that are more important to the user from the point of view of the privacy risk. This agent was integrated into the social network Pesedia. We analysed the performance of different models to detect a set of sensitive categories (i.e. location, medical, drug/alcohol, emotion, personal attacks, stereotyping, family and association details, personal details and personally identifiable information) in a dataset of tweets in Spanish. The model that obtained the best results (i.e. F1 and accuracy) and that was finally integrated into the privacy-assistant agent was transformer-based. (shrink)

This paper argues that indexical reference is a species of discourse reference, just like anaphora. Both varieties of discourse reference involve not only context dependence, but also context change. The act of speaking up focuses attention and thereby makes this very speech event available for discourse reference by indexicals. Mentioning something likewise focuses attention, making the mentioned entity available for subsequent discourse reference by anaphors. Empirical evidence is presented from grammatical centering in Kalaallisut and "shifty indexicals" in Slave attitude reports.

The present article reviews the state of public debate and legal provisions concerning end‐of‐life decision‐making in Italy and offers an evaluation of the moral and legal issues involved. The article further examines the content of a recent law concerning informed consent and advance treatment directives, the main court pronouncements that formed the basis for the law, and developments in the public debate and important jurisprudential acts subsequent to its approval. The moral and legal grounds for a positive evaluation of this (...) law, which attests that the patient may withhold or withdraw from life‐prolonging treatment, will be offered with reference to liberal approaches and particularly to the frameworks of care and virtue ethics; but reasons will also be offered in order to consider not only the latter but also broader range of end‐of‐life treatment decisions as morally apt options. In this light, we argue in favour of a further development of the Italian legislation to encompass forms of assisted suicide and active euthanasia. (shrink)

It seems natural to think that there are aesthetic reasons for action and that an artist must be guided by such reasons as he or she begins work on the canvas or poem or symphony or marble. This latter supposition seems at odds, however, not only with classical inspiration theory but also with the views of one of the last century’s most important philosophers of art, R. G. Collingwood. We propose an account of acting for an aesthetic reason inspired by (...) G. E. M. Anscombe’s Intention, specifically by her concept of ‘practical knowledge’, which we believe can accommodate Collingwood’s reservations about the sort of knowledge of their ends, and of the means to those ends, which artists have as they engage in their creative activity. (shrink)

Julián Marías (1914-2005) è un pensatore ancora poco conosciuto al lettore italiano, spesso oscurato dall’ombra del suo celebre maestro, José Ortega y Gasset. Filosofo indipendente e coraggioso, offre una proposta più coerente rispetto a Ortega sul tema essenziale comune a entrambi: il poter “dare ragione” della vita evitando gli opposti scogli del razionalismo e del vitalismo. “Dare ragione” della vita significa comprenderla nella sua “condizione morale” che trova espressione nel desiderio di felicità, nell’esigenza di amore e di amicizia, nei differenti (...) vissuti di ciascuna età. Significa riconoscerne la dimensione elettiva: vivere è preferire, saper fornire ragioni per l’opzione di qualcosa rispetto a qualcos’altro. Per questo motivo, più che alla categoria del bene, l’attenzione è rivolta a quella del meglio, fondamentale per comprendere il senso pieno delle proprie scelte e dell’intera trama della propria biografia. (shrink)

This article sheds light on John Rawls’s views on John Dewey’s philosophical temperament by investigating unpublished papers and lectures that Rawls wrote and delivered across the late 1940s, the 1950s, the 1960s, and the early 1970s. Moreover, the article shows that Rawls’s rejection of Kant’s dualisms predates by at least three decades the “Dewey Lectures” (1980) and that Dewey’s notion of deliberation as “dramatic rehearsal in imagination” might have had an impact on Rawls’s development of the notion of “reflective equilibrium” (...) as a state of affairs that we strive to reach in ethical reflection. (shrink)

In 1626, the Neapolitan Ottavio Sammarco published the Discorso politico intorno la conseruatione della pace dell'Italia in which the author referred to the King of Spain as arbiter among the Italian princes and his ministers in Italy as efficient instruments to ensure the stability. This piece of political literature shows an explicit practical orientation, through which the author carries out a systematisation of the political means to achieve quietness in Italy. In articulating the praxis into formal language, Sammarco looks to (...) the past searching for the wisdom of History and uses Tacitus’ account to build a discourse around the tools and mechanisms for preserving stability and avoiding conflicts. The aim of this article, in the first instance, is to examine Sammarco's discursive programme and the purpose of his discourse; in the second place, how Tacitus serves the author's aim and how his account means a fundamental anchor. Furthermore, it will be useful to trace how the political language that transforms the continuous threat of war into politics is modelled by 1626 in Italy and how Sammarco contextualizes his political vocabulary within the Spanish Monarchy political dialectic at the beginning of XVII century. (shrink)

La integración de la tecnología en el ámbito del derecho penal plantea desafíos significativos debido a la falta de regulación de la inteligencia artificial (IA), lo que podría comprometer los derechos fundamentales. Este estudio se centra en abordar estos desafíos y proponer soluciones mediante un análisis exhaustivo de la situación actual y las posibles implicaciones de la IA en el sistema jurídico penal. El objetivo principal de esta investigación es analizar los problemas, desafíos y oportunidades que surgen con la implementación (...) de la inteligencia artificial en el ámbito penal. Se busca identificar la necesidad de una regulación específica para la IA en el derecho penal, con el fin de proteger los derechos fundamentales de las personas y garantizar un sistema jurídico justo y equitativo. Para abordar esta problemática, se adoptó un enfoque metodológico cualitativo. Se llevó a cabo una revisión bibliográfica detallada para examinar los antecedentes, problemas y desafíos asociados con la IA en los sistemas jurídicos, especialmente en el ámbito penal. Además, se realizaron análisis de criterios y opiniones de expertos en derecho para obtener una comprensión más profunda de la situación y las posibles soluciones. Los resultados de este estudio revelan la necesidad urgente de establecer una normativa específica para regular la aplicación de la inteligencia artificial en el ámbito penal. Se destaca que la falta de regulación representa un riesgo significativo para los derechos fundamentales, especialmente en lo que respecta a la configuración de delitos con el apoyo de la IA. Además, se identifican diferentes dimensiones que deben abordarse en la regulación, incluyendo principios y reglas básicas del derecho, supervisión humana de los sistemas de IA y la promoción de la innovación responsable en este campo. Este artículo subraya la importancia de establecer una regulación efectiva para la inteligencia artificial en el ámbito penal. Esta regulación no solo protegerá los derechos fundamentales de las personas, sino que también promoverá un uso responsable y progresivo de la IA como una herramienta valiosa para los profesionales del derecho. Es crucial que la regulación sea integral y adaptable para garantizar un sistema jurídico justo y equitativo en la era digital. (shrink)

This edited collection considers how feminist strategies and philosophies might initiate, reshape, and critique approaches to library reference services.

Anxiety versus fear, wonder versus curiosity are some of the ways in which philosophers have described encounters with nothing. What does it mean to be anxious in the face of nothing in particular, and to wonder at the mere fact that anything exists, rather than nothing? For Kierkegaard anxiety opens freedom, for Heidegger wonder is a distress and for Wittgenstein wonder and anxiety are deeply connected to the ethical.

During the past century, an enormous effervescence of events changed the sociopolitical configuration of the world. The interpretation of these facts helped further deepen the crisis in which modern thought already found itself--and it generated the uncertain and unstable environment in which we live today, the so-called postmodernity, late modernity, or hypermodernity. In this context, one of the most profound impacts is most certainly the one on religion. During the twentieth century, religion proved not to be banished from the human (...) horizon as the masters of suspicion intended. Known as the godless century, the twentieth century saw also a resuscitation of the search for the sense of life and spirituality. With the crisis of modern reason, humankind turned toward consumerism and provisional and "light" practices. The last century represents not only the height of the postmodernization process but also the rescue of the transcendent and absolute, even if it is an absolute without face and identity. It is in this scenario that religious experiences, apparently exiled by modern rationality, begin to occur and multiply again. Mystical experiences will be, then, the basis for highlighting recurrent characteristics with universal import. But they will show a different configuration than before. One will be able to find them not in so-called sacred spaces but in very secular ones; not so much within institutions but at the borders, or even outside them; not configured by a specific tradition but in an interface that makes more than one tradition meet and dialogue. (shrink)

This book addresses the need to create an "axiological epistemology". This term refers to knowledge of what is axiological, id est everything related to human values, and the know-how on how to manage the study of values. In knowledge societies, we know and live axiological projects that we do not receive from anyone, but that we must construct ourselves in a situation of continuous change. In view of the fact that the axiological crisis in which we are immersed is the (...) most serious one that humanity has suffered over its long history, the seriousness and urgency of the issue in question is evident. Adequate knowledge is required to solve this problem, which is at the root of all the problems we are experiencing. This work offers a potential solution that, in contrast to the past, cannot be definitive, but must be transformed throughout the continuous changes to ways of life as a result of technoscience. It will prove of great value to all those who must operate within human values and motivate groups, as well as to those interested in spirituality. (shrink)

This book is the first collective volume specifically devoted to the multifaceted phenomenon of intensification, which has been traditionally regarded as related to the expression of degree, scaling a quality downwards or upwards. In spite of the large amount of studies on intensifiers, there is still a need for the characterization of intensification as a distinct functional category in the domain of modification. The eighteen papers of the volume contribute to this aim with a new approach (mainly corpus-based). They focus (...) on intensification from different perspectives (both synchronic and diachronic) and theoretical frameworks, concern ancient languages (Hittite, Greek, Latin) and modern languages (mainly Italian, German, English, Kiswahili), and involve different levels of analysis. They also identify and examine different types of intensifiers, applied to different forms and structures, such as adverbs, adjectives, evaluative affixes, discourse markers, reduplication, exclamative clauses, coordination, prosodic elements, and shed light on issues which have not been extensively studied so far. (shrink)

In der gegenwartigen Auseinandersetzung mit dem Thema Tierschutz fehlt es an uberzeugenden Begrundungen; ungenugende Argumente fuhren zu uneinlosbaren Forderungen und schaden der Sache mehr als sie ihr nutzen. VOn entscheidender Bedeutung ist dabei die Frage, welches Verstandnis wir vom Tier haben. DIe philosophische Herausforderung einer Tierschutzethik beginnt mit der Einsicht, daSS das Tier weder als Sache noch als Person begriffen werden kann. DIe vorgelegte Tierschutzethik diskutiert das Thema auf philosophischem Niveau, bedenkt den Umgang des Menschen mit dem Tier in seiner (...) Vielschichtigkeit und leistet eine fundierte Begrundung der notigen Beschrankungen menschlicher Willkur zugunsten des Tieres. (shrink)

Philosophy in the 20th century witnessed a schism between so called ‘analytic’ and ‘continental’ schools of philosophy. One of the aims of the IJPS from its inception was to provide a space for articles attempting to overcome, or at least foreshorten, that divide. This paper critically examines the various understandings of the divide and takes a quick glance at some of the attempts to bridge it.

Spectroscopy is a scientific topic at the interface between Chemistry and Physics, which is taught at high school level in relation with its fundamental applications in Analytical Chemistry. In the first part of the paper, the topic of spectroscopy is analyzed having in mind the well-known Johnstone’s triangle of chemistry education, putting in evidence the way spectroscopy is usually taught at the three levels of chemical knowledge: macroscopic/phenomenological, sub-microscopic/molecular and symbolic ones. Among these three levels, following Johnstone’s recommendations the macroscopic (...) one is the most useful for high school students who learn spectroscopy for the first time. Starting from these premises, in the second part of the paper, we propose a didactic sequence which is inspired by the historical evolution of spectroscopic instruments from the first spectroscopes invented by Gustav Kirchhoff and Robert Bunsen in 1860 to the UV–vis spectrophotometers which became common since the 1960s. The idea behind our research is to analyze the conceptual advancements through the history of spectroscopy and to identify the key episodes/experiments and spectroscopic instruments. For each of them, a didactic activity, typically an experiment, is then proposed underlining the relevant aspects from the chemistry education point of view. The present paper is the occasion to reflect on the potentialities of an historical approach combined with a laboratorial one, and to discuss the role of historical instruments and related technological improvements to teach spectroscopy. (shrink)

The last few years have seen the emergence of critical phenomenology as an exciting paradigm in phenomenology and beyond, spanning disciplines such as anthropology, urban studies, gender studies an...

Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous and purposive (...) agents relies on some degree of privacy, perhaps particularly as we act in public and semi-public spaces. I suggest that basic issues concerning action choices have been left largely unexplored, due to a series of problematic theoretical assumptions at the heart of privacy debates. One such assumption has to do with the influential conceptualization of privacy as pertaining to personal intimate facts belonging to a private sphere as opposed to a public sphere of public facts. As Helen Nissenbaum has pointed out, the notion of privacy in public sounds almost like an oxymoron given this traditional private-public dichotomy. I discuss her important attempt to defend privacy in public through her concept of ‘contextual integrity.’ Context is crucial, but Nissenbaum’s descriptive notion of existing norms seems to fall short of a solution. I here agree with Joel Reidenberg’s recent worries regarding any approach that relies on ‘reasonable expectations’ . The problem is that in many current contexts we have no such expectations. Our contexts have already lost their integrity, so to speak. By way of a functional and more biologically inspired account, I analyze the relational and contextual dynamics of both privacy needs and harms. Through an understanding of action choice as situated and options and capabilities as relational, a more consequence-oriented notion of privacy begins to appear. I suggest that privacy needs, harms and protections are relational. Privacy might have less to do with seclusion and absolute transactional control than hitherto thought. It might instead hinge on capacities to limit the social consequences of our actions through knowing and shaping our perceptible agency and social contexts of action. To act with intent we generally need the ability to conceal during exposure. If this analysis is correct then relational privacy is an important condition for autonomic purposive and responsible agency—particularly in public space. Overall, this chapter offers a first stab at a reconceptualization of our privacy needs as relational to contexts of action. In terms of ‘rights to privacy’ this means that we should expand our view from the regulation and protection of the information of individuals to questions of the kind of contexts we are creating. I am here particularly interested in what I call ‘unbounded contexts’, i.e. cases of context collapses, hidden audiences and even unknowable future agents. (shrink)