Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

In the business world, one of the key challenges is how to survive in ever changing business environments and outperforming the competitors, while keeping the operational cost at minimum and profits at maximum level. In other words, this can be described as the problem of improving operational efficiency and reducing cost. Over the past few years due to global financial challenges, it has become even more important to improve the operational efficiency and reduce costs to survive through these tough conditions. (...) Like other successful implementations of Lean philosophy, especially in automobile, aerospace, steel and healthcare, it can be applied in cable manufacturing to achieve competitive, sustainable and profitable processes. The main focus of Lean philosophy is to create value for the stakeholders and end customers by reducing the non-value added activities or waste, and laying a strong foundation towards sustainable growth, by focusing on continuous process improvement. The overall philosophy provides a focused approach for continuous process improvement and the targeting of a variety of tools and methods to bring improvements. This paper presents case studies for Lean scheduling of manufacturing processes and exemplify how Lean scheduling processes allow organisations to maintain the continuous improvement philosophy. This paper also addresses the key elements of rescheduling processes i.e. how to schedule and when to schedule. Further, the paper will exemplify key benefits of Lean scheduling and how the Cable industry could benefit from the proposed approach. (shrink)

The term schema (plural: schemata, or sometimes schemas) is widely used in cognitive psychology and the cognitive sciences generally to designate "psychological constructs that are postulated to account for the molar forms of human generic knowledge" (Brewer, 1999). The vagueness of this definition is no accident (and no sort of failing on Brewer's part). In fact schema is used in such very different ways by different cognitive theorists that the term has become quite notorious for its ambiguity (Miller, Polson, & (...) Kintsch, 1984 p. 6). However, a concept of.. (shrink)

In this article, I adopt the socio-cognitive approach to critical discourse analysis to interpret the discourse found on the popular UK radio phone-in programme the Nigel Farage Show. Evidence emerged of positive self-presentation and negative other representation through denials of prejudice, discursive de-racialisation and the use of war metaphors and lexis referencing legality, criminality and the collective. However, the control over this forum was its defining feature which appeared to propagate an anti-immigration stance and normalise the aforementioned lexis. This (...) control was evident through the selection and placement of contributors, the influence of cognitively central participants, the foregrounding of Trump’s rhetoric, topic selection, protection offered to in-group members and topicalisation which supported the in-group and served to vilify the views and identity of the out-group. All of which led to the creation of a closed community devoid of alternatives. (shrink)

Book Information Freedom. An Introduction with Readings. By Warburton Nigel. Routledge. London. 2001. Pp. viii + 252. Paperback, £12.99.

This monograph opens with an examination of the aid industry and the claims of leading practitioners that the industry is experiencing a crisis of confidence due to an absence of clear moral guidelines. The book then undertakes a critical review of the leading philosophical accounts of the duty to aid, including the narrow, instructive accounts in the writings of John Rawls and Peter Singer, and broad, disruptive accounts in the writings of Onora O’Neill and Amartya Sen. Through an elaboration of (...) the elements of interconnection, responsible action, inclusive engagement, and accumulative duties, the comparative approach developed in the book has the potential to overcome the philosophical tensions between the accounts and provide guidance to aid practitioners, donors and recipients in the complex contemporary circumstances of assistance. Informed by real world examples, this book grapples with complex and multi-dimensional questions concerning practices and the ethics of aid. The author judiciously guides us through the debate between deontological and consequentialist moral theories to arrive at a sophisticated consequentialist account that does justice to the complexity of the problems and facilitates our deliberation in discharging our duty to aid, without yielding, as it should not, a determinate answer for each specific situation. Researchers, students, and practitioners of international aid will all find this book rewarding. Win-chiat Lee, Professor and Chair, Department of Philosophy, Wake Forest University Susan Murphy’s book offers us a sophisticated exploration of the philosophical basis for aid. It is grounded in a full understanding of the complexities and pitfalls of the aid industry, but its particular strength lies, mainly through an extensive discussion of Singer, Rawls, O’Neill and Sen, in a comparison of consequentialist and duty-based approaches, eventually endorsing a broad non-idealised, situated consequentialist account in what she calls an interconnected ethical approach to the practice of assistance. For anyone wanting to think carefully about why we should give aid, this book has much to offer. Dr Nigel Dower Honorary Senior Lecturer, University of Aberdeen Author of World Ethics – the New Agenda. (shrink)

Frantz Fanon, Psychiatry and Politics affords a much-needed and long-awaited addition to the literature on Frantz Fanon, an exhaustive study of the least-known aspect of his short but remarkable life, his psychiatric practice and publications. The monograph is co-authored by Nigel C. Gibson and Roberto Beneduce, with a foreword by Alice Cherki and translations by Lisa Damon. Gibson is a leading Fanon scholar, jointly responsible for the appropriation of Fanon’s oeuvre by postcolonial studies in the nineteen nineties, and Beneduce (...) is the founding director of Il Frantz Fanon Centro, a counselling and psychotherapy centre for immigrants, refugees, and victims of torture in Turin. Cherki is one of Fanon’s few surviving colleagues and the publication reunites the team that worked on Decolonizing Madness: The Psychiatric Writings of Frantz Fanon, the first translation of Fanon’s collected psychiatric publications into English. Decolonizing Madness was scheduled for release by Palgrave Macmillan in 2014, but is now due in 2019 and Gibson and Beneduce make a somewhat cryptic allusion to production problems in their introduction, stating: ‘We were naïve, as Fanon would have put it, to think that there would be no other interests at play’ (p.22). (shrink)

Philosophy & Public Affairs, Volume 50, Issue 1, Page 6-49, Winter 2022.

Imperatives cannot be true, but they can be obeyed or binding: `Surrender!' is obeyed if you surrender and is binding if you have a reason to surrender. A pure declarative argument — whose premisses and conclusion are declaratives — is valid exactly if, necessarily, its conclusion is true if the conjunction of its premisses is true; similarly, I suggest, a pure imperative argument — whose premisses and conclusion are imperatives — is obedience-valid (alternatively: bindingness-valid) exactly if, necessarily, its conclusion is (...) obeyed (alternatively: binding) if the conjunction of its premisses is. I argue that there are two kinds of bindingness, and that a vacillation between two corresponding variants of bindingness-validity largely explains conflicting intuitions concerning the validity of some pure imperative arguments. I prove that for each of those two variants of bindingness-validity there is an equivalent variant of obedience-validity. Finally, I address alternative accounts of pure imperative inference. (shrink)

Reform of the federal income tax system has become a perennial item on the domestic policy agenda of the United States, although there is considerable uncertainty over specifics. Indeed the recent report of the President's Advisory Panel on Federal Tax Reform recommended not one but two divergent policy directions. In Fundamental Tax Reform, top experts in tax policy discuss a wide range of issues raised by the prospect of significant tax reform, identifying the most critical questions and considering whether the (...) answers are known, unknown--or unknowable. The debates over tax reform usually concern the advantages and disadvantages of income-based taxation as opposed to any of the several alternative forms of consumption-based taxation. The book opens with chapters that discuss the strengths, weaknesses, and political feasibility of these options. Other chapters consider the effect of tax reform on businesses, especially their investment behavior, and include a discussion of possible problems in any transition to a consumption-based tax; international taxation issues arising in an era of globalization; and individual behavioral response to tax reform, including a view of the topic from the perspective of the relatively new field of behavioral economics. ContributorsRosanne Altshuler, Alan J. Auerbach, John W. Diamond, Harry Grubert, Arnold C. Harberger, Kevin A. Hassett, Thomas J. Kniesner, Laurence J. Kotlikoff, Edward J. McCaffery, Kathryn Newmark, David Rapson, Daniel Shaviro, Joel Slemrod, James P. Ziliak, George R. ZodrowDiscussants James Alm, Henry J. Aaron, Charles L. Ballard, Leonard E. Burman, Robert S. Chirinko, Robert D. Dietz, Malcolm Gillis, Roger H. Gordon, Jane G. Gravelle, Timothy S. Gunning, James M. Poterba, Thomas S. Neubig, Alan Viard, George Yin John W. Diamond is Edward and Hermena Kelly Fellow in Tax Policy and Adjunct Professor of Economics at the Baker Institute for Public Policy, Rice University. George R. Zodrow is Professor of Economics and Rice Scholar at the Baker Institute and International Research Fellow at the Centre for Business Taxation, Oxford University. (shrink)

The author clarifies the existential philosophy that is implicit in Kurt Goldstein's philosophy of organism (Goldstein, 1963; 1995). Situated in response to the growing trend that psychological phenomena are reducible to the nervous system, the author argues for the reverse: that the significance of nervous system activity can only be understood by viewing it as background to foreground performances. Like the organization of perception into meaningful figure-- ground Gestalts, the existential modes of embodiment, sociality, temporality, spatiality, and attunement are organized (...) together to accomplish foreground performances. It is only within this context that the activity of the nervous system may be understood as significant or insignificant. Speech is given as an example. The article concludes with a commentary on how the trend of reducing psychological phenomena to neurological phenomena has impaired our understanding of brain disorders and psychological disorders. (shrink)

ABSTRACT The individual-community relationship has always been one of the most fundamental topics of social sciences. In sociology, this is known as the micro-macro relationship while in economics it refers to the processes, through which, individual actions lead to macroeconomic phenomena. Based on philosophical discourse and systems theory, many sociologists even use the term "emergence" in their understanding of micro-macro relationship, which refers to collective phenomena that are created by the cooperation of individuals, but cannot be reduced to individual actions. (...) "Emergence" theories attempt to explain the nature of society as a complex system by examining how individuals and their relationships lead to the creation of integrated and macro-social phenomena such as markets, educational systems, cultural beliefs, and shared social practices. As a prelude to activity, every researcher has to answer the question from the methodological point of view, how is it possible to study the behavior of social groups and how can we gain knowledge about the laws related to social groups? Anyone who deals with humanities and social sciences or any reality and phenomenon that affects human beings, inevitably deals with the reality that is emerging. In fact, emergence occurs when one level of reality emerges radically from another level. Examples of emergent levels of reality include how the mind emerges from the body; or the way society emerges from human beings. Therefore, when there is an emerging factor, different scientific disciplines should be used, because it is inevitable to talk about social affairs, psychology and neurobiology, as well as physical and even chemical. -/- INTRODUCTION Since its beginning in the 19th century, sociology has faced the fundamental question of what a social phenomena stands for? At a glance, sociologists deal with the study of social groups, collective behavior, institutions, social structures, social networks, and social dynamics, and ultimately all such phenomena are composed of individuals. Therefore, social phenomena seem to have no independent ontological status, and in this case, sociology is ultimately about reducible individuals. Different approaches about the micro-macro relationship, using the concept of "emergence", argue that although collective phenomena are created by individuals, they cannot be reduced to individual action. The term "emergence" is used to distinguish "emergent results" from " Procedural results". Results are called Procedural that can only be calculated by adding or subtracting the causes that act together. On the contrary, they are emergent outcomes that are qualitatively novel compared to the causes from which they originate. An example of such emergent results is mental characteristics that emerge from neural processes, but are not considered among the characteristics of neural processes of components - which are their origin. Philosophical debates about emergentism and reductionism focus on the mind-brain relationship, but as many philosophers have noted, they can be generalized to apply to any hierarchical set of features. The cognitive revolution reactivated a 19th century controversy between theorists of Identity and dualism. The theorists of Identity believe in reductionist materialism and elimination of metaphysics, according to which the mind is nothing more than the biological, while the dualists believe that the mind and the brain are distinct from each other. Emergence has been considered as a third way between the theories of Identity and dualism. -/- METHODOLOGY Interdisciplinarity Is fundamentally indicated by the dominance of open systems as well as social and emerging systems at different levels. Therefore, as long as we are facing a new emergentism, there will necessarily be different fields and an interdisciplinary method. The commonality of social sciences and cognitive sciences on the issue of emergence provides the possibility of interaction and exchange of concepts between these two for deeper research. Therefore, in this research, apart from the concepts of Subvenience and downward causation, we have used multiple realization and wildly disjunctive, which are used to explain the emerging concept in cognitive sciences, including neurobiology, psychology, and philosophy. For analytical and interdisciplinary approaches, after examining the concepts of subvenience, and wildly disjunctive, Individualistic and collectivist emergentism have been reviewed. And then their adequacy is criticized and evaluated in meeting strong emergence conditions. -/- FINDINGS Philosophers of the mind have been able to define the conditions of irreducibility and downward causation, which are essential for strong emergence, by using the principle of subvenience with the help of multiple realization and wildly disjunctive principles. Therefore, by definition, emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and emergentist collectivism faces the challenge of reification. The analysis of the challenges facing the two methodological approaches of individualism and collectivism leads us to three unresolved issues about the emerging phenomenon, which are realism, downward causality, and mechanism. Despite the differences in the stances of these two approaches regarding the aforementioned triple problems, individualists and collectivists both agree that some social characteristics are reducible; and some others are irreducible due to their complexity, the determination of which, depends on the case study of the mechanism of emergence of each social characteristic. -/- CONCLUSION An emergence that is consistent with reductionism is called a weak emergence. And strong emergence includes the principle of irreducibility and downward causality. According to strong emergence, the characteristics of social phenomena have downward causal power, which cannot be reduced to the causal forces. The principle of subvenience, together with multiple realization and wildly disjunctive, can provide the conditions of irreducibility and downward causality, which are essential conditions of strong emergence. Based on the philosophical analysis of two methodological approaches, individualist and collectivist, it can be concluded that emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and reification collectivism faces the challenge of reification. The analysis of the problems faced by these two approaches leads us to three unresolved issues, which are realism, downward causality, and mechanism. individualist emergentists acknowledge the existence of emergent social characteristics, but despite this, they believe that these characteristics are not real but merely analytical constructs that require explanation based on individuals and their mutual actions. But collectivists argue that emergentism yields a categorical ontology and supports social realism. They accept the dependence of social characteristics on individuals, but claim that social entities and structures are ontologically independent. Individualists and collectivists both agree that some social characteristics are reducible; and others are irreducible due to their complexity; and the only way to recognize this is to engage in empirical studies of the mechanisms and temporal processes of "emergence" that create social characteristics. -/- NOVELTY The newness of this compact article is as follows: a) Presenting an interdisciplinary approach using the analysis of philosophy of cognitive sciences, including the philosophy of mind, neurobiology and psychology to formulate the issue of social emergence; b) Criticizing individualist and collectivist methodological approaches to the issue of social emergence and explaining the sufficiency and shortcomings of both in providing weak and strong emerging conditions; c) Explaining and categorizing the challenges facing methodological approaches in explaining the phenomenon of social emergence, in three categories: realism, downward causality, and mechanism. BIBLIOGRAPHY Beckermann, A., Flohr, H., & Kim, J. (eds.) (1992). Emergence or reduction? Essays on the prospects of nonreductive physicalism. Berlin: Walter de Gruyter. Bhaskar, R. (1979). The possibility of Naturalism. New York: Routledge. Bhaskar, R., Danermark, B. & Price, L. (2018). Interdisciplinarity and wellbeing: A critical realist general theory of interdisciplinarity. London and New York: Routledge. Blau, P.M. (1981). Introduction: diverse views of social structure and their common denominator. In Blau, P.M. & Merton, R.K. (eds.), Continuity in Structural Inquiry (pp. 1–23). Beverly Hills: Sage. Blau, P.M. (1987). Microprocess and macrostructure. In K.S. Cook (ed.), Social Exchange Theory (pp. 83–100). Newbury Park, CA: Sage. Brooks, R.A., & Maes, P. (eds). (1994). Artificial life IV; proceedings of the Fourth International Workshop on the Synthesis and Simulation of Living Systems. Cambridge, Mass: MIT Press. Clark, A. (1997). Being there: Putting brain, body, and world together again. Cambridge, Mass.: MIT Press. Coleman, J. S. (1987). Microfoundations and macrosocial behavior. In: J. C. Alexander, B. Giesen, R. Munch, & Neil J. Smelser (Eds.). The Micro-Macro Link (pp. 153–73). Berkeley: University of California. Coleman, J. S. (1990). Foundations of social theory. Cambridge, MA: Harvard University Press. Elster, J. (1985). Making sense of Marx. New York: Cambridge University Press. Fodor, J.A. (1974). Special sciences (Or: The disunity of science as a working hypothesis). Synthese, 28(2), 97–115. Fodor, J.A. (1989). Making mind matter more. Philosophical Topics, 17, 59-79. Giddens, A. (1984). The constitution of society: Outline of the theory of structuration. Berkeley: University of California Press. Hempel, C.G. (1965). Aspects of scientific explanation and other essays in the philosophy of science. New York: The Free Press. Horgan, T. (1993). From supervenience to superdupervenience: meeting the demands of a material world. Mind, 102, 555-586. Humphreys, P. (1997). How properties emerge”. Philosophy of Science, 64, 1-17. Kim, J. (1999). Making sense of emergence. Philosophical Studies, 95, 3–36. Kincaid, H. (1997). Individualism and the unity of science. New York: Rowman & Littlefield. Lewis, D.K. (1986). The plurality of worlds. Oxford: Oxford University Press. Nigel, G., & Conte, R. (eds.) (1995). Artificial societies; The computer simulation of social life. London: UCL Press. O’Connor, T. (1994). Emergent properties. American Philosophical Quarterly, 31, 91-104. Popper, K.R. (1968). Conjectures and refutations: The Growth of Scientific Knowledge. New York: Harper & Row. Sawyer, R. K. (2001). Emergence in sociology: contemporary philosophy of mind and some implications for sociological theory. American Journal of Sociology, 107, 551-585. Sawyer, R. K. (2004). The mechanisms of emergence. Philosophy of the Social Sciences, 34, 260–282. Sawyer, R. K. (2005). Social emergence: societies as complex systems. Cambridge: Cambridge University Press. Sawyer, R.K. (2003). Nonreductive individualism: Part 2, Social causation. Philosophy of the Social Sciences, 33, 203–224. Winch, P. (1993). The idea of a social science and its relation to philosophy‭ (SAMT, Trans.). Tehran, Iran: SAMT. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 38.1 (2004) 112-122 [Access article in PDF] Being in the Dry Zen Landscape Reading Zen In The Rocks — The Japanese Dry Landscape Garden, by François Berthier, trans. with a philosophical essay by Graham Parkes. Chicago: University of Chicago Press, 2000, 166 pp., $20.00. The austere simplicity of Zen rock gardens is also an allusive and elusive one, as the two enjoyable essays that (...) comprise Reading Zen in the Rocks — The Japanese Dry Landscape Garden eloquently indicate. More so than the phenomena they describe, these essays appeal to a wide audience, and they read easily, invitingly, and informatively. In this textual performance, the French art-historian, François Berthier, stands side-by-side with the Scottish philosopher of comparative East-West studies, Graham Parkes, to provide a textual and visual presentation that intends, via an appropriate complementarity of content, to introduce the karesansui (dry landscape) style of Japanese garden to the general reader. Parkes — a masterful and accomplished translator — renders into English, Berthier's 1989 work, Le jardin du Ryoanji — Lire le Zen dans les pierres [The Garden of Ryoanji — Reading Zen in the Rocks], and fills some philosophical gaps with his own equal-length [End Page 112] essay, "The Role of Rock in the Japanese Dry Landscape Garden." Though judiciously focused to achieve expository economy, the two essays jointly provide a handy introduction to the complicated artistic, philosophic, religious, and cultural phenomenon popularly known as the "Zen rock garden."As a distinguishing landscape-architectural feature of many Zen monasteries in Japan and abroad, the karesansui garden reinforces the contemplative religious atmosphere and, as the frequent photographs of meditating monks quietly positioned in their rock gardens tend to suggest, they guide the perceiver into the calm and earthy mentality typical of Zen Buddhism. Berthier notes, accordingly, that the gardens provide "an image of the [Buddhistically interpreted] universe in its most condensed form" in which people can discern their "true faces" (p. 6). Ideally, one could contemplate a Zen garden and, if one were equipped with the proper background in Zen training, be stimulated to experience a Zen Buddhist enlightenment.Such are the immediate expectations elicited from a book whose cover depicts a Zen monk contemplating an expanse of bare gravel, and which sets the title word "Zen" in large letters over the monk's back. It comes as a surprise, then, that there is far less pure Zen in these essays than one would anticipate from this English-language presentation of Berthier's book. In the French version, as can be seen above, the word "Zen" appears only in the book's subtitle, and the Zen-specific anticipations are more submerged as a result.It would be an overstatement to identify the phrase "Zen rock garden" as a misnomer, but Berthier and Parkes implicitly demonstrate that the karesansui style of Japanese garden is not an exclusively Zen phenomenon, but is intimately linked with Chinese Daoism, Shintoism, not to mention versions of Buddhism that historically precede, and are significantly different from, Zen Buddhism. Perhaps unintentionally, this book raises the question, "What measure of Zen, in fact, do the paradigmatic "Zen" rock gardens such as the garden at Ryoanji (c. 1500, in Kyoto, and the archetype of Japanese dry landscape gardens) embody?"We can approach this question by considering the meaning of the Japanese word, "karesansui," which Parkes translates accurately as "dry landscape." The title of the book announces that the subject is "the Japanese dry landscape garden," but it is important to recall (as one learns briefly in the final pages) the further linguistic resonances of the prefix "kare." What does not emerge through in the usual translation of "kare" as "dry," is the added association to the English term "withered," for one would translate, for instance, the Japanese terms "kare kusa," "kare ashi," "kare giku," and "kareha," as "withered grass," "withered reed," "withered chrysanthemums," and "withered leaves," respectively. The term "kareki" (bare tree), along with the others, also indicates how the prefixed "kare" suggests wintertime, withering, drying out, something that has... (shrink)

The desire to see a sign phenomenon in different ways always has a reason to interpret it in an unbiased, panoramic way, and in some places - even allowing for contradictions in its understanding by different participants in the interpretative process. For modern humanities, this disposition is quite understandable, since it follows from its very postmodern nature, thereby defining the semantic semantic fields of the leading humanities. True, it is not so wide-spread, but instead, it is evident that Ukrainian religious (...) thinkers of the Middle Ages and Baroque have interpreted the iconic phenomena more deeply. In the story of Petro Mohyla "On the Wonderful Elder Grigory Mezhyhirsky" the metropolitan Mohyla clearly expresses the need to build before the thinking gaze of the reader his own, immanently religious-philosophical conception of the Divine, which every time would present him not just as an act of manifestation, otherwise he appears before the person, while remaining alone. The contemporary study of this issue in order to integrate its leading concepts in the religious-philosophical and general cultural discourse of the postmodern era has largely determined the relevance of the proposed article. The study of the phenomenon of "leaving" by itself in changing forms of the phenomenon of the Divine is also one of the key ones in the proposed studio, because it expresses the very meaning of the Divine as a religious, and therefore a cultural phenomenon. (shrink)

Berent (this issue) critiques one of the three main proposals put forward by Carruthers (this issue), who suggests that cognitive scientists are biased against innateness-claims by the tacit assumptions of the mentalizing faculty. Berent proposes, instead, that the bias results from dissonance produced by a conflict between our innate dualism and our innate essentialism. The present response raises a number of difficulties for her argument.

Accidental infringement of copyright is a pervasive and largely ignored problem. In the twenty-first century, it has become increasingly easy to infringe copyright unintentionally. When such accidental infringement occurs, copyright law holds the user strictly liable. Prior literature has questioned whether the strict liability standard is normatively defensible. In particular, prior literature has asked whether the strict liability standard ought to be reformed for economic reasons. This Article examines the accidental infringement problem from a new perspective. It considers whether it (...) is fair to hold copyright users strictly liable for accidental infringements of copyright. This Article argues that the strict liability standard is not fair because it results in copyright users being held liable for accidents for which they are not morally responsible. Using the moral philosophy literature on responsibility, this Article explores our intuitions surrounding copyright’s liability standard in order to better understand why strict liability in this context seems “harsh” and “inequitable.” In turn, this provides an argument for reforming copyright’s liability rule and adopting a negligence standard. This Article then argues that, within the United States, the proposed reform to copyright’s liability rule should be accomplished by modifications to the existing fair use doctrine. (shrink)

Accidental infringement of copyright is a pervasive and largely ignored problem. In the twenty-first century, it has become increasingly easy to infringe copyright unintentionally. When such accidental infringement occurs, copyright law holds the user strictly liable. Prior literature has questioned whether the strict liability standard is normatively defensible. In particular, prior literature has asked whether the strict liability standard ought to be reformed for economic reasons. This Article examines the accidental infringement problem from a new perspective. It considers whether it (...) is fair to hold copyright users strictly liable for accidental infringements of copyright. This Article argues that the strict liability standard is not fair because it results in copyright users being held liable for accidents for which they are not morally responsible. Using the moral philosophy literature on responsibility, this Article explores our intuitions surrounding copyright’s liability standard in order to better understand why strict liability in this context seems “harsh” and “inequitable.” In turn, this provides an argument for reforming copyright’s liability rule and adopting a negligence standard. This Article then argues that, within the United States, the proposed reform to copyright’s liability rule should be accomplished by modifications to the existing fair use doctrine. (shrink)

In the Ukrainian reality of the twenty-first century. The search for the dominant spiritual and national identity is one of the leading places. The dialogue between Catholicism, which is represented by the spiritual phenomenon of the Vatican, and by Ukraine, one of the countries not only of the Greek Catholic, but also of the Orthodox tradition, with a distinct national-cultural specificity, is, in our opinion, the semiosphere where the answers to many challenges of the present and the future. But such (...) answers are difficult to find if the sine era et studio does not analyze the key trends in the development of the Ukrainian Orthodox Church by examining it, without looking back at the stereotypes of the identification of Ukrainian spiritual thinking and being with the imperially secular tradition. The most suitable method for this task is the comparative methodology, which examines the basic ideological characteristics of the ideological world of Orthodox thinkers - from Ivan Vyshensky and to thinkers and spiritual prophets of the Second Cathedral of the UAOC. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 41, no. 2. © 2015 by Feminist Studies, Inc. 335 Rachel Lumsden “The Music Between Us”: Ethel Smyth, Emmeline Pankhurst, and “Possession” But limelight is bad for me: the light in which I work best is twilight. —Virginia Woolf to Ethel Smyth1 There are few composers who seemed to seek the glow of public limelight more than Dame Ethel Smyth (1858–1944). Smyth fearlessly forged a career for (...) herself as a professional composer in Britain during a time when female musicians were largely regarded as inferior to male musicians and lacked equal educational and professional opportunities. Smyth’s brazen personality was evident from her early years; as a teenager, she battled for two years to gain her father’s approval to travel to Leipzig to further her musical studies. Smyth’s struggle for acceptance as a composer continued throughout her career; she composed large-scale works—including six operas—at a time when women were expected to write “feminine,” small-scale compositions (such as solo piano pieces and songs), and she fought unrelentingly to have her music performed. Throughout her career Smyth faced a barrage of sexist criticism, in which she was consistently referred to as a “lady composer” and alternatively praised and derided for writing “masculine” music: if a 1. Virginia Woolf, letter to Ethel Smyth (August 21, 1932), in The Letters of Virginia Woolf, ed. Nigel Nicolson and Joanne Trautmann (New York: Harcourt Brace Jovanovich, 1979), 5: 97. 336 Rachel Lumsden critic liked her work, it would be lauded for its “masculine strength,” and if a critic didn’t like her work, it would be admonished for exceeding the bounds of female propriety.2 Yet Smyth rarely flinched from battles. A defiant and prolific writer, Smyth also published an exhaustive array of books and memoirs: Impressions that Remained (1919), Streaks of Life (1921), A Three-Legged Tour in Greece (1927), A Final Burning of Boats (1928), Female Pipings in Eden (1933), Beecham and Pharaoh (1935), As Time Went On (1936), Inordinate (?) Affection (1936), Maurice Baring (1938), and What Happened Next (1940), using her literary works as a means of bringing her own experiences into the limelight. By chronicling the oppression and discrimination she consistently faced, she sought not only to draw attention to herself as a composer—whose works, in her mind, had been consistently and unjustly neglected by the public—but also to highlight the plight of female musicians in general. Smyth’s literary works are wide-ranging and cover a host of different subjects, including recollections about her own life, biographical portraits of close friends, excerpts from letters, reviews of her musical compositions, and her forthright opinions about women’s rights. A number of scholars have explored these different aspects of Ethel Smyth’s fascinating artistic career; however, most research on Smyth has focused either on her literary endeavors or her compositions. What is missing is a thoroughgoing analysis of the connections between the two. One exception is Elizabeth Wood, who has brilliantly discussed Smyth’s writings and music; however, many details of Smyth’s vast array of musical works still remain largely unexplored.3 This article examines 2. Smyth’s operas include Fantasio (1892–1894), Der Wald (1899–1901), The Wreckers (1902–1904), The Boatswain’s Mate (1913–1914), Fête Galante (1921– 1922), and Entente Cordiale (1923–1924). For more information about Smyth and the status of female musicians in Britain during this era, see Jane A. Bernstein, “‘Shout, Shout, Up with Your Song!’ Dame Ethel Smyth and the Changing Role of the British Woman Composer,” in Women Making Music: The Western Art Tradition, 1150–1950, ed. Jane Bowers and Judith Tick (Urbana: University of Illinois Press, 1986), 304–24; and Eugene Gates, “Damned If You Do and Damned If You Don’t: Sexual Aesthetics and the Music of Dame Ethel Smyth,” Journal of Aesthetic Education 31, no. 1 (Spring 1997): 63–71. 3. See Elizabeth Wood, “Performing Rights: A Sonography of Women’s Suffrage,” The Musical Quarterly 79, no. 4 (Winter 1995): 606–43; and Elizabeth Rachel Lumsden 337 a small, specific slice of Smyth’s oeuvre: her 1913 song “Possession,” dedicated to Emmeline Pankhurst (“E.P”), her friend and leader of... (shrink)