In lieu of an abstract, here is a brief excerpt of the content:Martin Heidegger and OntologyEmmanuel Levinas (bio)The prestige of Martin Heidegger 1 and the influence of his thought on German philosophy marks both a new phase and one of the high points of the phenomenological movement. Caught unawares, the traditional establishment is obliged to clarify its position on this new teaching which casts a spell over youth and which, overstepping the bounds of permissibility, is already in vogue. For once, (...) Fame has picked one who deserves it and, for that matter, one who is still living. Anyone who has studied philosophy cannot, when confronted by Heidegger’s work, fail to recognize how the originality and force of his achievements, stemming from genius, are combined with an attentive, painstaking, and close working-out of the argument—with that craftsmanship of the patient artisan in which phenomenologists take such pride. In this study, it is important for us to understand, above all, the true intentions of our author, to illuminate what he thinks really needs to be said, and to surmise what is most critical for him.To get to the heart of Heidegger’s system, it seems fitting to begin with a problem that is generally familiar. We choose the problem of knowledge, a deeper understanding of which takes us to the very threshold of Heidegger’s thought. For this problem, central to modern philosophy, is one of the main obstacles of modern philosophy that Heidegger wishes to surmount. Neo-Kantianism, which takes knowledge as the philosophical problem of the first rank, is the movement against which Heidegger rebels with all his strength. We have, thus, every chance of gaining access to his thought by the main door, so to speak. Once inside the system we will try to trace its outlines, 2 reserving, for a second part of our work, the determination of Heidegger’s place in the history of ideas, especially in the phenomenological movement, as well as of his relations with the philosopher to whom he owes so much—Edmund Husserl. 31In its most general form, the problem of the theory of knowledge has a critical significance. It consists in delineating a domain where knowledge can be certain and in determining the criteria for the legitimate scope of knowledge. But this problem, as normal and as simple as it may appear, has deeper roots. That knowledge should need a criterion at all presupposes that truth is not identical to all that is known and that the course [End Page 11] of things can fail to correspond with the course of thought. “How does knowledge correspond to being?” is a more profound formulation of the problem of knowledge.But we are not going to touch anymore on the primordial phenomenon that generates the problem. The problem of correspondence between thing and thought presupposes a free activity of thought and its isolation in relation to the object. It is precisely this presupposition which renders their harmony and even their contact problematic. “How does the subject take leave of itself to attain the object?” is what the problem of knowledge, in the last analysis, boils down to. Its true source is thus the concept of “subject” as elaborated by modern philosophy. The cogito presided over the subject’s birth. The cogito was the affirmation of the privileged nature of the subject’s immanent sphere, of its unique place in existence; hence, the cogito was the specificity of the subject’s connection to the rest of reality, the sui generis nature which opens up the passage from immanence to transcendence, the passage from ideas contained in the thinking substance to 4 their “formal existence.”The concept of the subject, understood as a substance having a specific position in the entire domain of being, presents us with difficulties of two kinds. First, how do we understand this leave-taking from the self which the thinking substance brings about and which displays an entirely original aspect? Indeed, we could say that thought, in reaching out toward objects, does not actually take leave of itself, since its objects—considered as ideas and contents of thought—are, in a certain sense, already within it. In order to make sense of this paradox, Descartes... (shrink)

This special issue of Etikk i praksis - Nordic Journal of Applied Ethics deals with the largely underexplored connections between public domain and democracy in the digital age and features articles highlighting various aspects of this broader theme.

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...) volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

In a widely cited article Boyle suggests that a movement against the growing propertization of knowledge should develop a mobilization frame centered around the idea of the public domain. Based on an analysis of the framing strategies in the two most important protest mobilizations against extensive intellectual property rights I discuss whether and to which degree these movements did actually put the concept of the public domain at the center of their argumentation. The article uses political (...) claims analysis and discourse analysis to show that the actual framing strategies relied on other frames. It closes with a discussion, explaining why the idea of the public domain is essentially a defensive concept with a limited potential for movements that primarily address the production of knowledge. (shrink)

Within the political economy of informational capitalism, commercial surveillance practices are tools for resource extraction. That process requires an enabling legal construct, which this essay identifies and explores. Contemporary practices of personal information processing constitute a new type of public domain—a repository of raw materials that are there for the taking and that are framed as inputs to particular types of productive activity. As a legal construct, the biopolitical public domain shapes practices of appropriation and use (...) of personal information in two complementary and interrelated ways. First, it constitutes personal information as available and potentially valuable: as a pool of materials that may be freely appropriated as inputs to economic production. That framing supports the reorganization of sociotechnical activity in ways directed toward extraction and appropriation. Second, the biopolitical public domain constitutes the personal information harvested within networked information environments as raw. That framing creates the backdrop for culturally situated techniques of knowledge production and for the logic that designates those techniques as sites of legal privilege. (shrink)

Within the political economy of informational capitalism, commercial surveillance practices are tools for resource extraction. That process requires an enabling legal construct, which this essay identifies and explores. Contemporary practices of personal information processing constitute a new type of public domain—a repository of raw materials that are there for the taking and that are framed as inputs to particular types of productive activity. As a legal construct, the biopolitical public domain shapes practices of appropriation and use (...) of personal information in two complementary and interrelated ways. First, it constitutes personal information as available and potentially valuable: as a pool of materials that may be freely appropriated as inputs to economic production. That framing supports the reorganization of sociotechnical activity in ways directed toward extraction and appropriation. Second, the biopolitical public domain constitutes the personal information harvested within networked information environments as raw. That framing creates the backdrop for culturally situated techniques of knowledge production and for the logic that designates those techniques as sites of legal privilege. (shrink)

This article offers a feminist perspective on public sociology that suggests that the potential risks of going public with feminist sociological research are more pervasive and serious than proponents of public sociologies have previously acknowledged. At the same time, the promise of public sociologies for furthering feminist goals has been largely untapped. Here, the authors recount their own experience with widely publicized research that, while neither unique nor typical, serves to highlight potential risks of making feminist (...) sociological research public. Feminist scholars must be made aware of these risks as feminist research, which challenges existing gender inequalities and arrangements, is especially likely to encounter negative public reaction. The authors recommend collective and conscientious attention to both the medium and the message. The perspective on public sociologies presented here can help further the goals of public sociology and holds special promise for feminist sociologists who seek effective ways to promote social change. (shrink)

Even though globalization is not necessarily a modern phenomenon, quantitatively id does exceed anything which we could observe in the past. In its modern form it entails certain side effects and brings news risks which often involves direct encounters of people representing different or conflicting worldviews and systems of values. To speak of “a clash of civilizations” or “a war of civilizations” would be a misunderstanding, probably motivated politically. What is really pertinent is, however, the question to what extent conflicting (...) systems of values (i.e. people representing or subscribing to conflicting systems of values and lifestyles) can coexist or enter in a dialogue, which should be a requirement for any strategy to solve or manage a conflict. In this context, it proves extremely fruitful to distinguish two kinds of rationality: of the first and second level. Such distinction helps, first of all, to understand to what degree, e.g., deeply religiouspeople and secular scientists are rational, and in what context a dialogue or exchange of ideas between such divergent parties is possible. These results can easily be transferred onto a wide range of other conflicting systems of values. Further, the paper claims that it is not cultures or civilizations, the identity which being extremely complex, heterogeneous and multi-layered, as such enter into a conflict but cultural / civilizational subgroups. The conclusion is that a dialogue between two systems of values is in most cases possible, with one exception. (shrink)

Even though globalization is not necessarily a modern phenomenon, quantitatively id does exceed anything which we could observe in the past. In its modern form it entails certain side effects and brings news risks which often involves direct encounters of people representing different or conflicting worldviews and systems of values. To speak of “a clash of civilizations” or “a war of civilizations” would be a misunderstanding, probably motivated politically. What is really pertinent is, however, the question to what extent conflicting (...) systems of values (i.e. people representing or subscribing to conflicting systems of values and lifestyles) can coexist or enter in a dialogue, which should be a requirement for any strategy to solve or manage a conflict. In this context, it proves extremely fruitful to distinguish two kinds of rationality: of the first and second level. Such distinction helps, first of all, to understand to what degree, e.g., deeply religiouspeople and secular scientists are rational, and in what context a dialogue or exchange of ideas between such divergent parties is possible. These results can easily be transferred onto a wide range of other conflicting systems of values. Further, the paper claims that it is not cultures or civilizations, the identity which being extremely complex, heterogeneous and multi-layered, as such enter into a conflict but cultural / civilizational subgroups. The conclusion is that a dialogue between two systems of values is in most cases possible, with one exception. (shrink)

No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment of (...) zones of autonomy. Such commitments have clear applications pertaining to the use and ownership of created ideas. I argue that each of these commitments require intellectual property rights to be substantially limited in scope, strength and duration. In this way the core mechanisms of natural rights thinking ensure a robust public domain and categorically rule out strong intellectual property rights. (shrink)

Raz's method is as unusual, and as admirable, as the substance of his sometimes rather unfortunately labeled "perfectionist liberalism"—unfortunate because "it is not perfectionist in the more ordinary sense of the term" in that it recognizes that "imperfect ways of life may be the best which is possible for people" and "is strongly pluralistic", while understanding its fundamental value of well-being as the active and autonomous making of a life of one's own. Raz's approach is simultaneously alert to the complexity (...) of argument, to a degree that practitioners of practical ethics sometimes are not, and aware of the limits of theorizing, as devotees of theoretical ethics rarely are. Thus, while scorning "supermarket liberalism" and rejecting, in company with Rawls, "hand-to-mouth piecemeal intuitionism", Raz also doubts whether ideal theory in the Rawlsian mode is "a meaningful enterprise", emphasizing wisely, in my judgment, that "not everything we know can be exhaustively stated in the abstract". The "dense webs of complex actions and interactions" that give meaning to our lives "defy explicit learning or comprehensive articulation. They are available only to those who have or can acquire practical knowledge of them, that is, knowledge embodied in social practices and transmitted by habituation". (shrink)

What is ethics? : subjectivism, relativism, good, moral standards -- Family, marriage and dowry -- Structures of inequality : caste, hunger, poverty -- Media and ethics : agency, privacy censorship -- Secularism and tolerance.

Stimulating innovation and growth in the so-called ‘creative economy’ is a current policy objective for national regulators. One policy lever traditionally applied to the creative sector is intellectual property, in particular the scope and term of protection offered by copyright. Opposition to expansion and further enclosure of the copyright public domain was previously articulated in terms of access to a commons of information. Since the Hargreaves Review of Intellectual Property in 2011, copyright reform in the UK context is (...) increasingly framed in the language of economics. This paper reviews two prevailing economic theories shaping how policy makers discuss the public domain in debates about IP reform: a welfare economics approach which weighs increases in producer and consumer surplus under different policy configurations and an economics of innovation approach which considers the value of the public domain as a reservoir of ideas for individuals and firms. I argue that economic definitions should be augmented by a consideration of the democratic requirement of access to information. The consequences of this re-figuration of the public domain for the public interest and access to information are discussed. (shrink)

In recent years the concept of “user’s rights” has gained considerable currency in discussions of the limits of intellectual property in general, and of copyright in particular. Those arguing in favour of the public domain and increased limitations on copyright have increasingly sought to fight fire with fire – to place substantive user’s rights against the claims of intellectual property. User’s rights have in some jurisdictions received explicit Supreme Court imprimatur and they are expressly recognised in key charters (...) of human rights. Yet there is a residual uncertainty about the appropriateness of this language. Is it correct, as a general conceptual and normative matter, to speak of the broad liberties citizens have regarding access to ideas and information as rights? The few treatments dealing directly with this question have argued – often from a Hohfeldian footing – that ascriptions of user’s rights are inappropriate. Even commentators largely sympathetic to the public domain have found themselves drawn to this conclusion. In this paper, I vindicate the general applicability of rights language by arguing these deflationary accounts are mistaken – and are mistaken even in terms of the theories of rights they themselves deploy. (shrink)

This book is a treatise on cultural globalization and the global political economy. By introducing the transnational public domain in the study of China’s Belt and Road Initiative, the book goes beyond existing theoretical frameworks involving both the ‘clash between civilizations’ and the ‘time-worn division’ of the world into North and South. It advances a new focus on the theoretical and empirical elements that canvass global cultural behaviours and reactionary attitudes to the expanding Chinese economic norms, cultures and (...) values in different national contexts. Readers of political theory, global political economy, globalization, international relations, political sociology, cultural sociology, public policy and foreign policy analysis will find interest in the book. Whereas new nationalism couples with globalism, both concepts are rediscovered through various socio-economic contexts of BRI policy discourses, which produce conflicts, solidarities, new economic partnerships, and cooperation and resistance as types of contemporary nationalism. The new nationalism is approached as a dual-sided, relational, and dialectical phenomenon which readers will capture by paying particular attention to both the global and local scales of the social responses to the BRI. (shrink)

This article explains and discusses the relationship between traditional legislative processes and the development of automated government decision-making systems. The juridical aspects of systems development should be regarded as invisible quasi-legislation. The author investigates and discusses possible ways of changing the legislative process with a view to increasing and improving political involvement in processes today often regarded as mere implementation, and thereby safeguard that important parts of the law of our computerised society is situated in the public domain.

The view that organized social communities or associations differ from unorganized communities by having a kind of government or management exerting authority over the community appears almost obvious. Nevertheless it contradicts Dooyeweerd’s view, distinguishing organized communities from natural communities because of their being founded in the technical relation frame respectively the biotic one. This paper discusses the dual character of associations, requiring the introduction of a new relation frame. Determined by authority and discipline, the political relation frame succeeds the frames (...) of social intercourse and economic relations, and precedes the frames of justice and loving care. It qualifies the generic character of any association, founded in that of social intercourse. Besides, each association has a specific character, distinguishing various types of associations. These insights shed new light upon the dual character of a state as the guardian of the public domain. Constituting various networks of human relations, the public domain does not have the character of a community. (shrink)

This paper informally summarizes a two-day symposium held at the U.S. National Academy of Sciences in Washington, D.C., September 5–6, 2002. The issue was to what extent the progress of science and societal capacity for continued technological innovation are threatened by excessive protection of intellectual property. Excessive protection creates disadvantages not only for scientists and inventors but also for educators/students and for librarians/clientele. Speakers from a variety of disciplines and institutions agreed unanimously that scientific and technological progress is, indeed, under (...) serious threat. Various opinions were expressed about the degree of threat, currently and prospectively, as well as what counter-measures are best suited to resist undue restrictions on creative uses of scientific and technical data and information. This summary is based entirely on the author’s notes from the symposium, and the commentary offered is his alone. My apologies to the speakers if this paper does not accurately reflect the primary intent of their presentations. The “Suggested Readings” offered at the end are not specific to the speakers’ statements but rather are offered as a general resource to aid further research. The definitive record of the symposium is planned to be available from the National Academies Press as a Proceedings publication in the summer of 2003. (shrink)

As the National Information Infra- structure develops new avenues for information products and services will open. Creating, identifying and protecting the information market space is a critical component to the success of information product and service developments. As a result, the producers of those products and service seek to protect their proprietary interest in the underlying information. However, these actions have broader consequences: Attempts to extend legal protection to basic facts and other public domain information demonstrate that the (...) public information space is slowly being reduced. Reviewing several information controversies as case studies is fruitful. Not only for assessing current trends in information disputes (warfare) but can form the basis for establishing several predictors useful in determining when future information ownership controversies may develop and result in the loss of public information space. One set of predictors helps define the information controversy and is descriptive. The second set of predictors characterizes the marketplace environment. It provides further nuance to the economic factors that force information owners to seek legal remedy. Identifying instances where both models suggest a change in information rights or ownership is most likely to result in the critical loss of access to public information space. (shrink)

_Integrity in the Private and Public Domains_ explores the issue of public and private integrity in politics, the media, health, science, fund-raising, the economy and the public sector. Over twenty essays by well-known figures such as Amelie Rorty, David Vines, the late Hugo Gryn, Alan Montefiore and Hilary Lawson present a compelling insight into debates over integrity today. A key chapter of the book concerns the highly publicised donation to Oxford University by Gert-Rudolf Flick, an issue which (...) attracted wide media attention by raising questions of fund-raising and the holocaust. (shrink)

Integrity is one of the most hotly debated topics in applied philosophy today. In this new work, men and women of varied practical and theoretical experience engage in rigorous debate in an effort to better understand the specific demands of integrity in their respective professions.

Surveys the contributions that economic theory has made to the often contentious debate over the government's use of its power of eminent domain, as prescribed by the Fifth Amendment. It addresses such questions as: when should the government be allowed to take private property without the owner's consent? Does it depend on how the land will be used? Also, what amount of compensation is the landowner entitled to receive? The recent case of Kelo v. New London revitalized the debate, (...) but it was only the latest skirmish in the ongoing struggle between advocates of strong governmental powers to acquire private property in the public interest and private property rights advocates. Written for a general audience, the book advances a coherent theory that views eminent domain within the context of the government's proper role in an economic system whose primary objective is to achieve efficient land use. (shrink)

This paper analyzes the relationship between public and private domains in contemporary Danish organizations by examining their increasing focus on the personal health situation of employees, and, more specifically, their body weight. This paper combines literature on identity and management with governmentality-inspired research on risk, morality and the body. The aim of this paper is to show that overweight people are perceived as “risk identities”, i.e. problem people who automatically call for personal management. The author demonstrates that besides the (...) unintended effect of categorizing overweight employees as problem people, this management goal also run counter to the declared value regarding respect for diversity in contemporary organizations. Based on in-depth interviews with managers and recorded talks between health consultants and overweight employees, this paper emphasizes processes that subordinate employees and restrict their autonomy. (shrink)

This unique textbook utilizes an integrated, case-based approach to explore how the domains of bioethics, public health and the social sciences impact individual patients and populations. It provides a structured framework suitable for both educators (including course directors and others engaged in curricular design) and for medical and health professions students to use in classroom settings across a range of clinical areas and allied health professions and for independent study. The textbook opens with an introduction, describing the intersection of (...) ethics and public health in clinical practice and the six key themes that inform the book's core learning objectives, followed by a guide to using the book. It then presents 22 case studies that address a broad spectrum of patient populations, clinical settings, and disease pathologies. Each pair of cases shares a core concept in bioethics or public health, from community perspectives and end-of-life care to medical mistakes and stigma and marginalization. They engage learners in rigorous clinical and ethical reasoning by prompting readers to make choices based on available information and then providing additional information to challenge assumptions, simulating clinical decision-making. In addition to providing a unique, detailed clinical scenario, each case is presented in a consistent format, which includes learning objectives, questions and responses for self-directed learning, questions and responses for group discussion, references, and suggested further reading. All cases integrate the six themes of patient- and family-centered care; evidence-based practice; structural competency; biases in decision-making; cultural humility and awareness of the culture of medicine; and justice, social responsibility and advocacy. The final section discusses some challenges to evaluating courses and learning encounters that adopt the cases and includes a model framework for learner assessment. (shrink)

There is an urgent need to learn how to appropriately integrate technologies into dementia care. The aims of this Delphi study were to project which technologies will be most prevalent in dementia care in five years, articulate potential benefits and risks, and identify specific options to mitigate risks. Participants were also asked to identify technologies that are most likely to cause value tensions and thus most warrant a conversation with an older person with mild dementia when families are deciding about (...) their use. Twenty-one interdisciplinary domain experts from academia and industry in aging and technology in the U.S. and Canada participated in a two-round online survey using the Delphi approach with an 84% response rate and no attrition between rounds. Rankings were analyzed using frequency counts and written-in responses were thematically analyzed. Twelve technology categories were identified along with a detailed list of risks and benefits for each. Suggestions to mitigate the most commonly raised risks are categorized as follows: intervene during design, make specific technical choices, build in choice and control, require data transparency, place restrictions on data use and ensure security, enable informed consent, and proactively educate users. This study provides information that is needed to navigate person-centered technology use in dementia care. The specific recommendations participants offered are relevant to designers, clinicians, researchers, ethicists, and policy makers and require proactive engagement from design through implementation. (shrink)

This article concerns the nature and limits of individuals’ rights to privacy over information that they have made public. For some, even suggesting that an individual can have a right to privacy over such information may seem paradoxical. First, one has no right to privacy over information that was never private to begin with. Second, insofar as one makes once-private information public – whether intentionally or unintentionally – one waives one’s right to privacy to that information. In this (...) article, however, we suggest the moral situation is more complicated than this. Rather, we argue that there is a class of public information – namely, once-private information that individuals have made public unintentionally – which remains within the scope of an individuals’ right to privacy, even when it has passed into the public domain. Significantly, this class includes any information rights-holders were unaware could be inferred from information they have made public and which they would not otherwise have wanted to be in the public domain. As we show, as well as clarifying several everyday dilemmas with regards to individuals’ privacy rights, this finding has elucidates a number of problems in the ethics of Big Data. (shrink)