This essay attempts to explore trademark law and the marks themselves from a semiotic viewpoint to provide a deeper understanding to (trademark) law as a system of signs. Although the language of trademark law may suggest slightly different meanings, for the purpose of this essay “trademark” will refer to an area of law (unless otherwise indicated) and “mark” will refer to the individual sign. The first part of this essay will provide a brief overview of semiotics. Second, it will outline (...) a general look at trademark law as set forth in the Lanham Act. The third section is a semiotic approach to provide a deeper understanding of trademark law. Finally, the essay will analyze a seminal trademark case whilst using semiotics to address legal meaning within the case. Semiotics teaches that no absolute meaning can be found. This essay, then, attempts to secure at least one particular meaning of the Qualitex case and what it means in trademark law today. (shrink)

When corporations are accused of unethical behaviour by external actors, executives from those organizations are usually compelled to offer communicative responses to defend their corporate image. To demonstrate the effect that corporate executives'' communicative responses have on third parties'' perception of corporate image, we present the Corporate Communicative Response Model in this paper. Of the five potential communicative responses contained in this model (no response, denial, excuse, justification, and concession), results from our empirical test demonstrate that a concession is the (...) most effective and robust communicative option. (shrink)

The comorbidity of chronic pain and opioid addiction is a serious problem that has been growing with the practice of prescribing opioids for chronic pain. Neuroimaging research has shown that chronic pain and opioid dependence both affect brain structure and function, but this is the first study to evaluate the neurophysiological alterations in patients with comorbid chronic pain and addiction. Eighteen participants with chronic low back pain and opioid addiction were compared with eighteen age- and sex-matched healthy individuals in a (...) pain-induction fMRI task. Unified structural equation modeling (SEM) with Lagrange multiplier (LM) testing yielded a network model of pain processing for patient and control groups based on 19 a priori defined regions. Tests of differences between groups on specific regression parameters were determined on a path-by-path basis using z-tests corrected for the number of comparisons. Patients with the chronic pain and addiction comorbidity had increased connection strengths; many of these connections were interhemispheric and spanned regions involved in sensory, affective, and cognitive processes. The affected regions included those that are commonly altered in chronic pain or addiction alone, indicating that this comorbidity manifests with neurological symptoms of both disorders. Understanding the neural mechanisms involved in the comorbidity is crucial to finding a comprehensive treatment, rather than treating the symptoms individually. (shrink)

Day-to-day life is inundated with attempts to control emotions and a wealth of research has examined what strategies people use and how effective these strategies are. However, until more recently, research has often neglected more basic questions such as whether and how people choose to regulate their emotions (i.e. emotion regulation choice). In an effort to identify what we know and what we need to know, we systematically reviewed studies that examined potential determinants of whether and how people choose to (...) regulate their emotions. Eighteen determinants were identified across 219 studies and were categorised as being affective, cognitive, motivational, individual or social-cultural in nature. Where there were sufficient primary studies, meta-analysis was used to quantify the size of the associations between potential determinants and measures of whether and how people choose to regulate their emotions. Based on the findings, we propose that people’s decisions about whether and how to regulate their emotions are determined by factors relating to the individual doing the regulating, the emotion that is being regulated, and both the immediate situation and the broader social context in which the regulation is taking place. (shrink)

In this paper, we reconsider the context of Barbara Carper'salternative ways of knowing,a prominent discourse in modern nursing theory in North America. We explore this relative to the concepts ofrealism, non‐realismandnominalism, and investigate the philosophical divisions behind the original typology, particularly in relationship to modern scientific enquiry. We examine forms of knowledge relative to realist and nominalist positions and make an argument ad absurdum against relativistic interpretations of knowledge using the example of Borge's Chinese Emporium of Benevolent Knowledge. We propose (...) a contentious postpositivist practical classification for nursing knowledge that demonstrates and supports the idea that knowledge has both individual and subjective components. This classification supports the practical application of nursing knowledge within the paradigm of realist postpositivist science. (shrink)

According to previous research, threatening people’s belief in free will may undermine moral judgments and behavior. Four studies tested this claim. Study 1 used a Velten technique to threaten people’s belief in free will and found no effects on moral behavior, judgments of blame, and punishment decisions. Study 2 used six different threats to free will and failed to find effects on judgments of blame and wrongness. Study 3 found no effects on moral judgment when manipulating general free will beliefs (...) but found strong effects when manipulating the perceived choice capacity of the judged agent. Study 4 used pretested narratives that varied agents’ apparent free will and found that perceived choice capacity mediated the relationship between free will and blame. These results suggest that people’s general beliefs about whether free will exists have no impact on moral judgments but specific judgments about the agent’s choice capacity do. (shrink)

It is Austin's view that there is no single answer to the question of what we are doing when we are perceiving. In some cases of perceiving, such as hearing, Austin thinks that it is legitimate to speak of ourselves as making inferences based on evidence and, therefore, as possibly making mistakes. In other cases of perceiving, however, such ways of speaking would be illegitimate. When we can be said to see something right in front of our noses, it is (...) meaningless to ask for our evidence, or to speak of ourselves as making inferences, or to think that we might be making mistakes. As Austin puts it, "But how absurd it is, really, to suggest that I am giving a verdict when I say what is going on under my nose!" To speak in such a manner would be, according to this view, to admit that "there is no such thing as being an eyewitness of what goes on in the 'material world'....". (shrink)

When external groups accuse a business organization of unethical practices, managers of the accused organization usually offer a communicative response to attempt to protect their organization's public image. Even though many researchers readily concur that analysis of these communicative responses is important to our understanding of business and society conflict, few investigations have focused on developing a theoretical framework for analyzing these communicative strategies used by managers. In addition, research in this area has suffered from a lack of empirical investigation. (...) In this paper we address both of these weaknesses in the existing literature. First, we explicate Impression Management Theory as an appropriate framework for studying organizational communicative responses, paying particular attention to the concept of accounts. Second, we critique previous investigations of organizational accounts and discuss the major contributions of our study. Third, we propose a coding system and content analyze the accounts offered by managers from 21 organizations that were recently the targets of consumer boycotts. Finally, we report the results of our empirical investigation and discuss ethical issues related to organizational accounts. (shrink)

Em intervalos frequentes ao longo dos anos, o professor Chomsky vituperou tanto contra noções do senso comum quanto contra noções técnicas de linguagem pública ou “linguagem externalizada”, afirmando que elas são confusas, mal definidas ou desprovidas de qualquer interesse científico. Como cientista, ele somente estaria interessado na linguagem pública se ela fosse um “objeto real do mundo real” (Chomsky, 1993, p. 39), e não uma noção “artificial” e “arbitrária” (Chomsky, 1985, p. 26). Proponho articular tal noção de linguagem pública para (...) ele. Chomsky também condena a noção que de o propósito da linguagem é a comunicação. Sustentarei, ao contrário, que uma função primária da faculdade humana da linguagem é apoiar convenções linguísticas, e que estas têm uma função essencialmente comunicativa. (shrink)

Physical activity, and likely the motivation for it, varies throughout the day. The aim of this investigation was to create a short assessment (CRAVE: Cravings for Rest and Volitional Energy Expenditure) to measure motivation states (wants, desires, urges) for physical activity and sedentary behaviors. Five studies were conducted to develop and evaluate the construct validity and reliability of the scale, with 1,035 participants completing the scale a total of 1,697 times. In Study 1, 402 university students completed a questionnaire inquiring (...) about the want or desire to perform behaviors “at the present moment (right now).” Items related to physical activity (e.g., “move my body”) and sedentary behaviors (e.g., “do nothing active”). An exploratory structural equation model (ESEM) revealed that 10 items should be retained, loading onto two factors (5 each for Move and Rest). In Study 2, an independent sample (n= 444) confirmed these results and found that Move and Rest desires were associated with stage-of-change for exercise behavior. In Study 3, 127 community-residing participants completed the CRAVE at 6-month intervals over two years- two times each session. Across-session interclass correlations (ICC) for Move (ICC = 0.72–0.95) and Rest (ICC = 0.69–0.88) were higher than when they were measured across 24-months (Move: ICC = 0.53; Rest: ICC = 0.49), indicating wants/desires have state-like qualities. In Study 4, a maximal treadmill test was completed by 21 university students. The CRAVE was completed immediately pre and post. Move desires decreased 26% and Rest increased 74%. Changes in Move and Rest desires were moderately associated with changes in perceived physical fatigue and energy. In Study 5, 41 university students sat quietly during a 50-min lecture. They completed the CRAVE at 3 time points. Move increased 19.6% and Rest decreased 16.7%. Small correlations were detected between move and both perceived energy and tiredness, but not calmness or tension. In conclusion, the CRAVE scale has good psychometric properties. These data also support tenets of the WANT model of motivation states for movement and rest (Stults-Kolehmainen et al., 2020a). Future studies need to explore how desires to move/rest relate to dynamic changes in physical activity and sedentarism. (shrink)

Common sense realism, by E. G. Bewkes.--Theology and religious experience, by Vergilius Ferm.--A reasoned faith, by G. F. Thomas.--Can religion become empirical? By J. S. Bixler.--Value theory and theology, by H. R. Niebuhr.--The truth in myths, by Reinhold Niebuhr.--Is subjectivism in value theory compatible with realism and meliorism? By Cornelius Krusé.--The semi-detached knower: a note on radical empiricism, by R. L. Calhoun.--The new scientific and metaphysical basis for epistemological theory, by F. S. C. Northrop.--A psychological approach to reality, by Hugh (...) Hartshorne.--A definition of religious liberalism, by D. S. Robinson. (shrink)

Sur la base de ce qu’il a appelé « le principe d’héritabilité causale », Jaegwon Kim a soutenu que les propriétés réalisables de façons multiples ne constituent pas des sortes causales scientifiques. Mon principal objectif est de répondre aux arguments de Kim contre le physicalisme non réductionniste. Je défends l’idée qu’il existe plus de pouvoirs causaux que les seuls pouvoirs causaux physiques. Cela n’a rien de surprenant puisqu’il existe plus de particuliers que le nombre total de particules physiques fondamentales. Et (...) la réflexion sur la nature des individus, et plus spécifiquement sur leur capacité à préserver leur identité à travers le changement ou le remplacement de leurs parties, indique que les individus ont des pouvoirs causaux distincts de ceux des particuliers physiques qui les constituent. Je soutiens que si cela est plausible, alors l’abandon du principe d’héritabilité causale l’est tout autant.Jaegwon Kim has recently argued, using what he calls “The Causal Inheritance Principle”, that multiply realizable properties are not causal, scientific kinds. My primary concern is to reply to Kim's arguments against nonreductive physicalism. I shall defend the idea that there are, indeed, more causal powers than the physical. But this should come as no surprise, since there are more individuals than the total number of fundamental physical particles. Reflections on the nature of individuals, specifically, on their ability to survive through change or replacement of their parts, indicates that individuals have causal powers nonidentical with the causal powers of the physical individuals that constitute them. I claim that, if this is plausible, the rejection of The Causal Inheritance Principle is also plausible. (shrink)

In ‘The Sorites is disguised nonsense’ Analysis (2012) 77: 61–5 L Goldstein attempts to show that some of the conditionals in any Sorites argument are nonsensical, and hence no Sorites argument can be sound. I give four reasons why this is not the case.

Replies to criticisms by John Perry, Lorne Falkenstein, and Don Garrett of my book HUME'S DIFFICULTY: TIME AND IDENTITY IN THE TREATISE, in a book symposium in PHILOSOPHICAL STUDIES.

Common sense realism, by E. G. Bewkes.--Theology and religious experience, by V. Ferm.--A reasoned faith, by G. F. Thomas.--Can religion become empirical? By J. S. Bixler.--Value theory and theology, by H. R. Niebuhr.--The truth in myths, by R. Niebuhr.--Is subjectivism in value theory compatible with realism and meliorism? By C. Krusé.--The semi-detached knower: a note on radical empiricism, by R. L. Calhoun.--The new scientific and metaphysical basis for epistemological theory, by F. S. C. Northrop.--A psychological approach to reality, by H. (...) Hartshorne.--A definition of religious liberalism, by D. S. Robinson. (shrink)

Pace Perry, wondering whether perceived things are identical is thinking about them, for Hume, with no thought of perceptions of them. Hume is not a proto-Fregean; Hume's Difficulty is not a version of Frege's Puzzle. Pace Falkenstein, wondering about an identity is not wondering whether clearly distinct things--stages, surfaces, names--are connected in some way. Pace Garrett, wondering about the identity of an observed object is wondering whether it is really one or two things, not whether there is one F (...) or two Fs. Second, Humean consciousness is apperception, not immediate awareness. Third, Hume finds nothing with epistemic merit. (shrink)

The ancient theory of substance and accident is supposed to make sense of complex unities in a way that respects both their unity and their complexity. On Hume’s view such complex unities are only fictitiously unities. This result follows from his thoroughgoing critique of the theory of substance. I will characterize the theory Hume is critiquing as it is presented in Locke, presupposing what Bennett calls the “Leibnizian interpretation.” Locke uses the word ‘substance’ in two senses. Call substance in the (...) first sense “individual substance” and in the second sense “pure substance.” I will discuss the seven main parts of Hume’s view: (I) that we have no idea of pure substance, (II) that there is no complex individual substance, except in a loose sense, (III) that the fiction of complex individual substance arises in a way parallel to that of the fiction of identity through time, and (IV) results in the fiction of pure substance, (V) that simple qualities and perceptions satisfy the definition of individual substance, (VI) that there is no such thing as inherence, and (VII) that there is no such thing as pure substance. Hume’s views on substance are often mentioned without being discussed in detail. Kemp Smith, Stroud, and Garrett, for example, mostly summarize various claims of Hume in the course of expounding on his theory of the idea of personal identity. In contrast, I will attempt to present a systematic treatment of Hume on substance as a refutation of Locke. (shrink)

This book is a speculative, idiosyncratic, and important successor to Fodor, Bever, and Garrett’s Psychology of Language. It is also the first book in Crowell’s Language and Thought Series edited by J. J. Katz, T. Langedoen, and H. Savin. This is a manifesto which will determine the direction of some research and debate in the next few years. Given that, it is unfortunate that word play and verbal conceits are funnelled into what becomes almost a dialogue between text and (...) footnotes in which the footnotes on occasion become the main text. For example : "If such statements are offered as arguments for the truth of the presupposition of the question on its first reading, then it would appear that General Mills has either misused the method of difference or committed the fallacy of affirmation of the consequent. Philosophy can be made out of anything. Or less.". (shrink)

The impact of globalization on human rights has generated substantial debate. On the one hand, those making liberal, free-market arguments assert that globalization has a positive impact on developing countries through the increased generation of wealth (e.g., Garrett 1998; Richards et al. in International Studies Quarterly 45:219–239, 2001; Rodrik in Challenge 41:81–94, 1997). On the other hand, the critical perspective claims that globalization negatively impacts respect for human rights because trading arrangements, while open, are detrimentally uneven (e.g., Carleton 1989; (...) Haggard and Maxfield 1996; Stiglitz and Charlton 2005). However, few have looked at the relationship between globalization and respect for economic and social rights. In order to test this relationship, I examine non-OECD countries utilizing two-stage regression analysis to control for investment-selection factors. I find mixed results for the hypothesis that globalization negatively affects respect for economic and social rights. Consistent with Richards et al. (International Studies Quarterly 45:219–239, 2001), I conclude by arguing for the need to disaggregate globalization in order to determine its true effects. (shrink)

The “tragedy of the commons” argument developed by Garrett Hardin is applied to problems associated with the increasing use of the national parks in the United States. The relevance of his argument to such problems is illustrated by a discussion of the proposals included in the recent Draft General Management Plan for Yosemite National Park. Implications for the future management of Yosemite andother public recreation resources conclude the article.

Earlier versions of the four articles which follow were presented at a book panel session, on Rachel Cohon's Hume's Morality: Feeling and Fabrication, at the Hume Society meetings in Halifax, Nova Scotia, in August 2009.I am deeply grateful to Lívia Guimarães and Donald L. M. Baxter for planning this session, and to Elizabeth S. Radcliffe and Don Garrett for serving as my critics. I have been asked to begin by summarizing my book in a few minutes.Hume's Morality: Feeling and (...) Fabrication (Oxford: Oxford University Press, 2008), is primarily an analytical, interpretive work about two main issues: the nature of ethical evaluation, according to Hume, and the artificial virtues. The book has two parts: "Feeling Virtue" .. (shrink)

Brandon L. Garrett, Convicting the Innocent: Where Criminal Prosecutions Go Wrong, 367 pp. For those of us who study wrongful convictions, one questi...