Intellectual property (IP) can internalize positive externalities associated with the creation and discovery of ideas, thereby increasing investment in efforts to create and discover ideas. However, IP law also causes negative externalities. Strict IP rights raise the transaction costs associated with consuming and building on existing ideas. This causes a tragedy of the anticommons, in which valuable resources are underused and underdeveloped. By disincentivizing creative projects that build on existing ideas, IP protection, even if it increases original innovation, (...) can inadvertently reduce the rate of iterative innovation. The net effect of IP law on innovation and welfare depends on the relative magnitude of these positive and negative externalities. We argue that the current regime probably suffers from excessive, and excessively rigid, IP protection. This motivates the search for institutional alternatives and complements. We suggest that a monocentric IP rights regime may not be the only, or the most efficient, way to internalize the positive externalities of innovation. The knowledge economy supports the emergence of diverse, polycentric forms of bottom-up self-governance, both market and community led, that entail the citizen coproduction of the norms and practices of intellectual creation and discovery. (shrink)

Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. This view is not only widely accepted by the general public, but also enforced through a very effective international legal (...) framework. And it is endorsed by most academic researchers and commentators in this field. In this essay, I will show that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes. I will first give a short overview of the classical arguments for the justification of intellectual property as they are usually stated. We will then discuss the question of whether the creator or inventor deserves his de jure monopoly, by using John Christman’s categories of income and control rights to analyse property rights. The aim here is to show that it does not make sense to create control rights for abstract objects, as they are not scarce, and that there is no logical connection between the surplus which may be generated through income rights and the labour which has been put into a cultural artefact or an invention, and therefore it is not justified to grant monopoly rights on the basis of Lockean natural rights arguments for self-ownership and the just appropriation of worldly resources. As it is possible to reject Christman’s property rights categories, I will then go on to show on the basis of Richard Dawkins’ postulation of the ‘meme’ and Ludwik Fleck’s theory of the ‘thought collective’ that creative processes should be interpreted as interpersonal or collective processes, and therefore it is not justified to grant intellectual property rights to individuals on the basis of the idea that the individual who has put labour into the creative work or the invention should be the one to whom the contents of the work belong exclusively. As it is still possible to postulate the utilitarian argument that intellectual property rights are just because they increase the amount of creative works and inventions, I will argue in the last chapter that, from a libertarian as well as from an egalitarian point of view, the justification of intellectual monopoly rights on utilitarian grounds cannot be maintained. Therefore it is time to abolish the current global intellectual property law regime in favour of an intellectual commons for the good of all human beings and societies. (shrink)

The complexity and emergent autonomy of Generative AI systems introduce challenges in predictability and legal compliance. This paper analyses some of the legal and regulatory implications of such challenges in the European Union context, focusing on four areas: liability, privacy, intellectual property, and cybersecurity. It examines the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential (...) gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

The recent Covid-19 global health crisis not only brings into sharp relief the current problems afflicting the international intellectual property regime (IIPR) but also calls into question its legitimacy as an international authority. Against this backdrop, the article aims to launch an investigation into the legitimacy of the IIPR, as an international co-ordinative authority, designed to protect IP rights without prejudice to international trade norms. Drawing on Raz’s service conception of authority, it explores whether the IIPR lives up (...) to its promises by enabling co-ordination between states over IP rights without undermining the initial balance on which it is founded, struck between developing and developed countries, as well as between international protection of IP- cum-trade rights and domestic regulatory autonomy. It does so by classifying the historical evolution of the IIPR under three different phases: (i) its foundation, (ii) before, and (iii) after the TRIPS-plus. Upon showing the legitimacy challenges inherent in its undemocratic foundation, the article points to the success of the regime in finding a balance between conflicting interests before the TRIPS-plus era. Later, it underlines the many challenges that come with linking the IIPR to the investment regime and argues that the FTAs and frequent regime-shifting activities put further pressure on the authority and legitimacy of the regime. Stressing the importance of democratic participation for the legitimacy of any co-ordinative authority, the article casts doubt on the IIPR’s legitimacy and concludes by raising some points to overcome the ongoing legitimacy challenges. -/- . (shrink)

The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the (...) relationship between national and global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)

In this thesis we have examined the complex interaction between intellectual property rights, life sciences and global justice. Science and the innovations developed in its wake have an enormous effect on our daily lives, providing countless opportunities but also raising numerous problems of justice. The complexity of a problem however does not liberate society as a whole from moral responsibilities. Our intellectual property regimes clash at various points with human rights law and commonly held notions of (...) justice. (shrink)

For the past three years, Coronavirus-19 (Covid-19) has become one of the major global health problems. Unlike any previous virus in the past decades, Covid-19 has shown its unprecedented spreading speed, infection rate, fatality rate, etc. Under this urgent disease outbursting event, scientists around the globe, through the myriad of research and experiments, successfully developed effective vaccines. However, like many other medical innovations, Covid-19 vaccines are categorized as intellectual properties and a scarce resource. As a consequence, the citizens of (...) developed and developing countries face an imbalanced distribution of affordable vaccines. The formation of this issue is not only due to manufacturing, transportation, and other infrastructures, but also strongly correlated with aspects in the legal field, such as intellectual property rights (IPRs). With a humane common sense of vaccination many people, through comparative research method, this article aims to discuss the conflicts between the global crisis of Force Majeure and the interests of certain countries or corporations, possible solutions to resolve this conflict, and future coping strategies that ought to be published. (shrink)

Abstract: The Present Article provides the Comprehensive Prudence behind the Intellectual Property Rights. In Indian sub-continent various Laws are enacted which grants Protection to the intellect. Intellectual Property has various domains and its kinds, it can be a Process, Product, Design, Literature, Music, Art, Computer programs or a Brand name. This Article covers the basic principles and the Rationality behind Intellectual Property Rights granted to the Proprietor by the Government.

The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used.

This paper provides a critique of the contemporary notion of intellectual property based on the consequences of Wittgenstein's “private language argument”. The reticence commonly felt toward recent applications of patent law, e.g., sports moves, is held to expose erroneous metaphysical assumptions inherent in the spirit of current IP legislation. It is argued that the modern conception of intellectual property as a kind of natural right, stems from the mistaken internalist or Augustinian picture of language that Wittgenstein (...) attempted to diffuse. This view becomes persuasive once it is shown that a complete understanding of the argument against private language must include Wittgenstein's investigation of the role of the will in the creative process. It is argued that original thought is not born by decree of the will, but engendered by a public context of meaning and value. What marks a person as a genius is, therefore, according to Wittgenstein, not some sovereign capacity of conceptual world-making, but merely a propitious dose of intellectual courage. (shrink)

“Human relations and the relations to other beings in our age.” There are three components to this theme: human-to-human relationships, human-to-other being relationships, and the temporal focus of our age. In the following, I will both discuss theoretical concerns among these components as well as present case studies to illustrate my points. In asking why a duck cannot sign a contract, I hope to demonstrate inherent insufficiencies in relations between humans and other beings in our age when they are characterized (...) as legal property relations. Among the possible forms that could relate humans to other humans and other beings, global society often resorts to law. Relationships in other, more culturally-dependent arenas, are more difficult to navigate when the cultures speak different languages, follow different religions, and build different family structures. Indeed we are not globalized in these cultural areas. We are globalized economically. And insofar as law facilitates globalization, the economic norms it uses become the common denominator among the cultures and even the relationship between humans and other beings. (shrink)

Intellectual property law tends to be viewed as the only (or most significant) mechanism for achieving policy goals relating to innovation assets. Yet more creative and effective solutions are often available. When analysed from a transdisciplinary perspective, relying on the cooperative efforts of researchers from fields other than law, innovation governance is characterized not simply as the product of legal rules, but as a function of the interaction of legal rules, practices and institutions. When policy-makers seek to identify (...) conditions under which the creation, use and exchange of innovation assets flourishes, care should be taken to focus on this combination of factors. This article describes the development of an ontology—a computerized method of representing knowledge as concepts and relations between concepts—to convey such understanding. Policy makers (and researchers) are provided with an organized, accessible representation of innovation governance that enriches their understanding and improves their decision-making. (shrink)

The chapter gives an overview of the binding and non-binding international norms which govern and regulate the activities of states and other actors in outer space. It covers the key agendas and challenges being addressed within international space law in the wake of advancements in technology and greater access to outer space by multiple actors. For a comprehensive view of the subject, the chapter gives an overview of the nature of space laws within national systems, and the interface of space (...) law with other fields of law namely environmental law, human rights law, and intellectual property law. (shrink)

The text offers a comprehensive introduction to business law and the Jordanian legal system. The textbook provides for key concepts and terms, contract basics, corporate structures, legal aspects of buying and selling, common pitfalls, international business issues and more. The text is comprehensive, in that there are chapters that cover what one would expect a business law text to cover, including intellectual property, real property, insurance, and bankruptcy.

The social media industry lacks developed principles of professional ethics that it would need in order to better navigate the ethics of conforming to local media laws in authoritarian countries that lack meaningful protections for privacy, personal and political expression, and intellectual property. This chapter analyzes this question through three frameworks of professional ethics—journalism ethics, technology ethics, and business ethics—and the ways that social media resembles and crucially differs from these three industries.

Protection of emergent works is impossible. Without an author, there is no expression of ideas which can be original, and thus no copyrightable work. Indeed, the whole system of copyright law, its conceptual building blocks of idea-expression dichotomy, originality, authorship, and the concept of a protectable work operate in the notation of human creativity. Emergent works fall outside of copyright’s positive ontology, being akin to ideas, facts, or subject-matter predicated by technical considerations, rather than authorial creativity. In other words, they (...) do not exist as things in law and thus cannot as such be owned. Rather, like any idea, they can be transformed through creative expression of an author–– possibly becoming works, but also not being authorless or emergent anymore. This is argued as a matter of the U.S. and EU legal doctrines, the international framework, and copyright theory. (shrink)

This essay investigates the tensions between traditional music and its modern codification as intellectual property. It will begin by considering the myths concerning the divine source of music. In traditional music and in folk music, music is closely connected to religious ritual. In these rituals the source of the music is recognized and attributed to certain deities. For instance, in Thai traditional music, the Wai Khru ceremony venerates the Duriyathep or devatas drawn from Indian mythology: Phra Visawakarm, Phra (...) Panjasinghkorn, and Phra Parakhonthap (Narot). Much of modern and contemporary music has long been disengaged from ritual and its traditional forms of transmission. Especially since the nineteenth century with the growth of popularity of music printing, it has been subject to copyright law. With these restrictions in transmission, the more fluid routes of transmission have become broken and the ritualistic and religious identifications have been transferred to the cult of performers, to legal codification, to the control of corporations, and the construction of new mythologies through marketing. This essay will use Walter Benjamin’s reflections on the loss of “aura” in the reproduced work of art to try to understand the consequences of this transition in the function of music. And it will consider the situation in Thailand where traditional music and mythology stands side by side with marketed music, and traditional performance stands side by side with commercial performance. It will demonstrate that these conflicts cannot be resolved. But it is precisely in the appreciation and preservation of these conflicts, that traditional culture can itself be recognized and preserved. (shrink)

This article explores the many offences (e.g. noise pollution, unlicensed performances, and Health and Safety offences) that may be committed by personnel in the music industry and their employers. It also explores the many breaches of Intellectual Property law that may be committed by others against the musician’s rights.

Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual (...) property is weaker than the correlative duties attached to self-ownership and world-ownership rights, which are of crucial importance in any left-libertarian view. Moreover, IPRs lack priority in front of these two original rights and should be overridden by stronger claims of justice. Thus, as derived rights, IPRs should not benefit of strong enforcement like any original rights especially if it could be in the latters’ detriment. (shrink)

Criminal offences and regulatory breaches in using social networking evidence in personal injury litigation Pages 2-7 Current Criminal Law ISSN 1758-8405 Volume 2 Issue 3 March 2010 Author SALLY RAMAGE WIPO 900614 UK TM 2401827 USA TM 3,440.910 Orchid ID 0000-0002-8854-4293 Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Publisher & Managing Editor, Criminal Lawyer series [1980-2022](ISSN 2049-8047); Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson (...) Reuters) (Licensed Annotator of UK Statutes) in Current Law Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. Trade Mark SALLY RAMAGE ® 2401827 (2005-2025) in the UK, WIPO Trade Mark SALLY RAMAGE® 900164; USA-(Trade Mark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. Essentially, Social Network information may not always be admissible in a court of law but may be the door to lead to other, non-contentious evidence. In fact, even illegally obtained evidence may sometimes be admissible evidence, though this is not absolute. Most of the information available on social networking sites will be ‘personal data’. The data controller is the network operator, without whose consent, collecting such information could be an offence, unless it was necessary for the purpose of preventing or detecting crime. (shrink)

Recently, the United Kingdom Supreme Court decided that only natural persons can be considered inventors. A year before, the United States Court of Appeals for the Federal Circuit issued a similar decision. In fact, so have many the courts all over the world. This Article analyses these decisions, argues that the courts got it right, and finds that artificial inventorship is at odds with patent law doctrine, theory, and philosophy. The Article challenges the intellectual property (IP) post-humanists, exposing (...) the analytical and normative perils of their argumentation, and recommends against getting rid of the nominally central place of humans in the law. This response to IP post-humanism rests in equal measure on patent doctrine, legal causation, and the mythology which creates and justifies the law. (shrink)

The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of (...) basic liberties, such as an individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)

Jordan acceded to the WTO in 1999. In its accession Jordan agreed, for example, to reduce tariffs on imported products and open its services market; it also modified its intellectual property regime. Jordan enjoyed special and differential treatment in few areas and was not able to designate olive oil as a good eligible for special safeguards. The WTO agreements required fundamental changes in the domestic laws and regulations of Jordan. The article concludes by arguing that Jordan’s accession to (...) the WTO was a lengthy and costly process. Jordan agreed to an arduous package of legal and economic reforms. Given that Jordan agreed to greater commitments compared to the obligations of the original WTO members, the multilateral trading system witnessed an accession saga. (shrink)

This paper argues that private property and rights assignment, especially as applied to communication infrastructure and information, should be informed by advances in both technology and our understanding of psychology. Current law in this area in the United States and many other jurisdictions is founded on assumptions about human behavior that have been shown not to hold empirically. A joint recognition of this fact, together with an understanding of what new technologies make possible, leads one to question basic assumptions (...) about how law is made and what laws we should have in a given area, if any. I begin by analyzing different aspects of U.S. law, from a high-level critique of law making to a critique of rights assignment for what I call 'simple nonrival goods.' I describe my understanding, as a non-lawyer with a background in psychology and computing, of the current conventions in U.S. law, consider the foundational assumptions that justify current conventions, describe advances in psychology and technology that call these conventions into question, and briefly note how the law might normatively change in this light. I then apply this general analysis to the question of domain name assignment by the Internet Corporation for Assigned Names and Numbers (ICANN). (shrink)

With the passage and implementation of the “first-to-file” provisions of the America Invents Act of 2011, the U.S. patent system must rely more than ever before on patent documents for its own ontological commitments concerning the existence of claimed kinds of useful objects and processes. This Article provides a comprehensive description of the previously unrecognized function of the patent document in incurring and securing warrants to these ontological commitments, and the respective roles of legal doctrines and practices in the patent (...) system’s ontological project. Among other contributions, the resulting metaphysical account serves to reconcile competing interpretations of the written description requirement that have emerged from the Federal Circuit’s recent jurisprudence, and to explain why the patent system is willing and able to examine, grant and enforce claims reciting theoretical entities. While this Article is entirely descriptive, it concludes by identifying promising normative and prescriptive implications of this work, including the formulation of an appropriate test for the patent-eligibility of software-implemented inventions in the post-Bilski era. (shrink)

The objective of this article is to examine the implications of the intellectual property provisions in the US–Jordan Free Trade Agreement (US–JO FTA) and whether they serve as a template for other Arab countries who will be concluding free trade agreements with the USA. My claim in this article is that the intellectual property part of the US–JO FTA goes beyond the World Trade Organization Agreement and cannot form the right template for the proposed US–Middle East (...) FTA of 2013. The first section provides a brief introduction to the US–JO FTA. The second section provides a critical analysis of the FTA’s protection of trademarks, copyright and patents. The third and fourth sections discuss enforcement and implementation of the intellectual property provisions of the FTA. The final section provides a conclusion regarding the intellectual property provisions of the US–JO FTA and highlights an alternative template for the proposed US–Middle East FTA. (shrink)

We intend to analyze the plausibility of the two kind of ethical justifications that are most commonly used in order to defend the concept of an “intellectual property” of copyrights. Firstly, we will examine justifications of property based on natural law, like the one originally provided by John Locke. We will argue, with the help of authors like Lysander Spooner, that the same arguments that Locke uses for property in general are entirely applicable to intellectual (...) property, although this is certainly a peculiar kind of property. Secondly, we will examine whether or not we can apply to intellectual property the same two arguments that Utilitarian authors use for justifying property in general: the “tragedy of the commons” argument and the scarcity argument. We will claim that the first one is fully pertinent here, and that the second one is not: but this is a problem of that kind of justification of property in general, and not a problem of intellectual property as such. (shrink)

What is the research for in the society? We may imagine the professionals engaged in these activities, shall we say, university professors, researchers in the public and private institutions, and even the lay inventors at home or in the neighborhood. The research is related with some of knowledge or ideas, which, however, should be creative and original. It is the main function of those professionals, and can develop in dissemination of the findings produced by research. It frontiers the knowledge of (...) humans which enables a better view of world and generates the public welfare. The scholars are often those professionals who are required or in some cases, squeezed to produce an original contribution to the specific field of academy. As the society develops, we now require a scientific knowledge beyond the plain understanding of the nature and society. The scientific knowledge is qualified of some elements, i.e., evidence-based, universal frame to be applied, sense of understanding, pragmatic in comprehension or application, more persuasion on theory, paradigm, typologies, intersubjectivity, empirical relevance and so. It informs a philosophy of humans, makes them conscientious and knowledgeable, as well as enhances a professional performance for not only their field but also other disciplines. For example, the criminal justice system borrows the idea or information confirmed by other disciplines, psychology and sociology notably. What is the Durham rule in the excuse of culpability? The scope of rule could not enjoy a persuasion if not to be supported by the works of psychologists. The scientific knowledge perhaps could recourse its most salient dynamism in coupling with an economic exploitation. A cultivation of knowledge to serve the economic use and its industrialization reveals it’s competitive edge in the society. The kind of concepts, information age, e-technology, and intellectual property rights are leading the present time of narrative as we see routinely. Many new laws, and new concept of e-education or e-government, GMO products as well as the travel of universe in the near future also follow that the updated profile of scientific knowledge on the engineering and natural science contributed to expand our horizon of subsistence. With this crucial importance, the author attempts to file some thoughts on the research and society. (shrink)

Copyright is at the centre of both popular and academic debate. That emotions are running high is hardly surprising – copyright influences who contributes what to culture, how culture is used, and even the kind of persons we are and come to be. Consequentialist, Lockean, and personality interest accounts are generally advanced in the literature to morally justify copyright law. I argue that these approaches fail to ground extensive authorial rights in intellectual creations and that only a small subset (...) of the rights accorded by copyright law is justified. The pared-down version of copyright that I defend consists of the right to attribution, the right to have one’s non-endorsement of modifications or uses of one’s work explicitly noted, and the right to a share of the profit resulting from the commercial uses of one’s work. I also cursorily explore whether contribution to another person’s work gives rise to moral interests. (shrink)

Andy Curzon replied (often quoting from the opening sections of Lester 2014, chapter 10) in an ongoing debate with Lee Waaks, which Mr Waaks forwarded (with approval) to the Libertarian Alliance Forum (27 February 2015). This response replies to the criticisms after directly quoting them (the indented text; except where Lester is occasionally quoted, as indicated). A few cuts have been made to avoid some repetition and irrelevance. However, just as Mr Curzon sometimes repeats his main points in slightly different (...) ways and contexts in the hope that some of them might prove cogent, so this reply does the same. The dialogue-like result seems to engage more directly and completely than producing a new stand-alone exposition. And some new arguments are even developed in the process. But the full nature of many of the criticisms and replies often only becomes clear as the “dialogue” proceeds. An addendum then rebuts two further brief critical responses in the same manner. (shrink)

Social experimental research commonly employs media to elicit responses from research subjects. This use of media is broadly protected under fair use exemptions to copyright, and creators of content used in experiments are generally not afforded any formal consideration or protections in existing research ethics frameworks. Online social networking sites are an emerging and important setting for social experiments, and in this context the material used to elicit responses is often content produced by other users. This article argues that users (...) may have a reasonable interest in controlling the use of their content in experiments conducted in online social networks. Matters of risk and autonomy in research ethics are explored by analogy to active debates in law over adhesion contracts, moral rights, and the right to be forgotten. The article concludes by considering practical difficulties in identifying and protecting the interests of creators. (shrink)

This essay is intended to be a refutation of the main thesis in Against Intellectual Property, Kinsella 2008 (hereafter, K8). Points of agreement, relatively trivial disagreement, and irrelevant issues will largely be ignored, as will much repetition of errors in K8. Otherwise, the procedure is to go through K8 quoting various significantly erroneous parts as they arise and explaining the errors involved. It will not be necessary to respond at the same length as K8 itself.

Open science (OS) is considered the new paradigm for science and knowledge dissemination. OS fosters cooperative work and new ways of distributing knowledge by promoting effective data sharing (as early and broadly as possible) and a dynamic exchange of research outcomes, not only publications. On the other hand, intellectual property (IP) legislation seeks to balance the moral and economic rights of creators and inventors with the wider interests and needs of society. Managing knowledge outcomes in a new open (...) research and innovation ecosystem is challenging and should become part of the EU’s IP strategy, underpinning EU policies with the new open science–open innovation paradigm. (shrink)

What is the research for in the society? We may imagine the professionals engaged in these activities, shall we say, university professors, researchers in the public and private institutions, and even the lay inventors at home or in the neighborhood. The research is related with some of knowledge or ideas, which, however, should be creative and original. It is the main function of those professionals, and can develop in dissemination of the findings produced by research. It frontiers the knowledge of (...) humans which enables a better view of world and generates the public welfare. The scholars are often those professionals who are required or in some cases, squeezed to produce an original contribution to the specific field of academy. As the society develops, we now require a scientific knowledge beyond the plain understanding of the nature and society. The scientific knowledge is qualified of some elements, i.e., evidence-based, universal frame to be applied, sense of understanding, pragmatic in comprehension or application, more persuasion on theory, paradigm, typologies, intersubjectivity, empirical relevance and so. It informs a philosophy of humans, makes them conscientious and knowledgeable, as well as enhances a professional performance for not only their field but also other disciplines. For example, the criminal justice system borrows the idea or information confirmed by other disciplines, psychology and sociology notably. What is the Durham rule in the excuse of culpability? The scope of rule could not enjoy a persuasion if not to be supported by the works of psychologists. The scientific knowledge perhaps could recourse its most salient dynamism in coupling with an economic exploitation. A cultivation of knowledge to serve the economic use and its industrialization reveals it’s competitive edge in the society. The kind of concepts, information age, e-technology, and intellectual property rights are leading the present time of narrative as we see routinely. May new laws, and new concept of e-education or e-government, GMO products as well as the travel of universe in the near future also follow that the updated profile of scientific knowledge on the engineering and natural science contributed to expand our horizon of subsistence. (shrink)

Both courts of law and political theorists have grappled with the problem of giving the concept of ‘need’ a place in our reasoning about the rights and wrongs of property regimes. But in the U.K., legal changes in the last fifteen years have eroded the legal possibilities for striking some compromise between the claims of the needy and the rights of property owners. Against this backdrop this article compares three theoretical accounts of how the fact of human need (...) should impact upon our thinking about property rights: the rights-based arguments of Jeremy Waldron, the radical democratic theory of Lawrence Hamilton and the anarchist commentary of Colin Ward. While ‘theories’ of need have paid much attention to the nature of need ‘itself’, the article argues that this comparison reveals another issue that is just as important: where and how should claims of need be registered in legal and political processes? (shrink)

A wide range of proposals to alleviate the negative effects of intellectual property regimes is currently under discussion. This article offers a critical evaluation of six of these proposals: the Health Impact Fund, the Access to Knowledge movement, prize systems, open innovation models, compulsory licenses and South-South collaborations. An assessment on how these proposals target the human rights affected by intellectual property will be provided. The conflicting human rights that will be individually discussed are the rights: (...) to benefit from one’s own scientific work, to benefit from the advancement of science, to participate in scientific enterprises and to self-determination. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

This book defines 'nanowares' as the ideas and products arising out of nanotechnology. Koepsell argues that these rapidly developing new technologies demand a new approach to scientific discovery and innovation in our society. He takes established ideas from social philosophy and applies them to the nanoparticle world. In doing so he breaks down the subject into its elemental form and from there we are better able to understand how these elements fit into the construction of a more complex system of (...) products, rules and regulations about these products. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely Issues of (...) Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect to (...) things. But by the mid-l 990s, the consensus was under attack. Key figures in the attack were James Penner, a legal philosopher, and Thomas W. Merrill and Henry E. Smith, two highly regarded professors of property law. This article aims to repel the attack and argues for property as a set of normative relations between persons with respect to things. The positive case for this view of property pays special attention to the philosophy of language and the analysis of concepts. The positive case also maintains that the right to use and the power to transfer are as central to property as the right to exclude. It is possible that the virtues of Smith's modular theory of property differ from the virtues of a well-crafted bundle theory. Indeed, it may be the case that these two theories throw light on different features of property law and are not, save at the margin, competitors with each other. The label 'new essentialism' sometimes applied to the work of Penner, Merrill, and Smith seems inapt if property does not have an essence. Of course, they might refuse the label. (shrink)

I argue that the best scientific package is anti-Humean in its ontology, but Humean in its laws. This is because potencies and the best system account of laws complement each other surprisingly well. If there are potencies, then the BSA is the most plausible account of the laws of nature. Conversely, if the BSA is the correct theory of laws, then formulating the laws in terms of potencies rather than categorical properties avoids three serious objections: the mismatch objection, the impoverished (...) worlds objection, and the metaphysical 'oomph' objection. I argue that combining anti-Humean properties with Humean laws into a Potency-Best System Account of Laws is a powerful and science-friendly account---something that people on both sides should be able to appreciate. (shrink)

In this short and highly readable monograph, the author aims to answer the age-old question of why humans construct moral orders grounded upon natural orders, deriving normative authority from divine or otherwise nonanthropomorphic sources in nature. Why, for instance, did the drafters of the U.S. Declaration of Independence invoke natural laws rather than simply relying on human reason and argument to ground their objections to British colonial rule? Answering this and related questions about the relationship between moral and natural orders (...) demands a precise method. Daston describes hers as philosophical (not cultural) anthropology, probing the motivations behind the intellectual leap—often described as ‘the naturalistic fallacy’—from the natural to the normative (3). In that vein, her inquiry begins with a remark from Immanuel Kant’s underappreciated work Anthropology from a Pragmatic Point of View. (shrink)

Thought experiments, one of the most effective ways of acquiring knowledge, are an intellectual tool frequently used by scientists or thinkers in their fields of study. Thought experiments used to respond to scientific issues are considered scientific thought experiments, while thought experiments used for philosophical problems are called philosophical thought experiments. In this context, firstly, the differences between scientific and philosophical thought experiments are determined in the article. In particular, philosophical thought experiments are often needed in discussions within the (...) field of epistemology. For this reason, in the rest of the study, the knowledge argument put forward against the idea of physicalism, which is one of the important views in epistemology and which claims that the natural world is basically physical and that everything can be explained by physical laws is included. The knowledge argument briefly argues that there are non-physical properties and information that can only be discovered through conscious experience. Accordingly, it is argued that someone who has all physical knowledge about another conscious may lack knowledge of what it would feel like to have subjective experiences of that entity such as qualia. Consequently, the main idea of the article is to reveal how an epistemological thesis has been questioned by various philosophers in the context of philosophical thought experiments such as Mary’s room, ‘What is it like to be a Bat’, The Martian and the Philosophical Zombie. - Bilgi edinmenin en etkili yollarından bir tanesi olarak değerlendirilen düşünce deneyleri bilim insanları ya da düşünürler tarafından kendi çalışma alanları içerisinde sıklıkla başvurulan düşünsel bir araçtır. Bilimsel konulara cevap vermek amacıyla gerçekleştirilen düşünce deneyleri bilimsel düşünce deneyleri olarak değerlendirilirken, felsefi sorunlara yönelik kullanılan düşünce deneyleri ise felsefi düşünce deneyleri olarak adlandırılmaktadır. Bu kapsamda makalede ilk olarak bilimsel ve felsefi düşünce deneyleri arasındaki farklılıklar belirlenmektedir. Özellikle, epistemoloji alanı içerisinde yer alan tartışmalarda felsefi düşünce deneylerine sıklıkla ihtiyaç duyulmaktadır. Bu nedenle çalışmanın devamında epistemolojide önemli görüşlerden bir tanesi olan ve doğal dünyanın en temelde fiziksel olduğu ve fiziksel yasalarla her şeyin açıklanabileceği iddiasında bulunan fizikalizm düşüncesine karşı ileri sürülmüş bilgi argümanına yer verilmektedir. Bilgi argümanı kısaca sadece bilinçli deneyim yoluyla elde edilebilen ve fiziksel olarak ifade edilemeyen öznel deneyimlerin ve özelliklerin olduğunu savunmaktadır. Buna göre, başka bir bilinçli varlık hakkında bütün fiziksel bilgiye sahip olan birinin, o varlığın qualia gibi öznel deneyimlerine sahip olmasının nasıl bir his olduğu konusundaki bilgilerden yoksun olabileceği fikri savunulmaktadır. Bu doğrultuda, makalenin temel savı fizikalizm gibi epistemolojik bir teze Mary’nin Odası, ‘Yarasa Olmak Nasıl Bir Şeydir’, Marslı ve Felsefi Zombi gibi felsefi düşünce deneyleri bağlamında çeşitli filozoflarca nasıl itiraz edildiğini ve düşünce deneylerinin bu bağlamda nasıl kullanıldığını ortaya koymaktır. (shrink)

This paper argues that Twin Earth twins belong to the same psychological natural kind, but that the reason for this is not that the causal powers of mental states supervene on local neural structure. Fodor’s argument for this latter thesis is criticized and found to rest on a confusion between it and the claim that Putnamian and Burgean type relational psychological properties do not affect the causal powers of the mental states that have them. While it is true that Putnamian (...) and Burgean type relational psychological properties do not affect causal powers, it is false that no relational psychological properties do. Examples of relational psychological properties that do affect causal powers are given and psychological laws are sketched that subsume twins in virtue of them instantiating these relational properties rather than them sharing the narrow contents of their thoughts. (shrink)

In the present paper, I try to shed some light on the Munich-Göttingen conception of essences, laws of essence, and ideal objects. I first start with a preliminary account of their conception of the synthetic a priori at the basis of their conception of essence (§2); I then offer a first characterization of this conception, which I label as metaphysical realism (§3), highlighting its key concept: foundation (§4). In the last four sections (§§5-8), I discuss different outcomes of this conception (...) of essences: the nature of laws of essences (§5), different categories of essences (§6) and anumericity (§7). (shrink)

The sixteenth century witnessed a major intellectual event: the birth of modernity. This book presents the School of Salamanca as the "first version of modernity", a modernity developed with a peculiarly Hispanic stamp. The Salamancans confronted the problems of a singular historical moment, in which Spain was playing a leading role in the encounter between Europe and America. The thinkers of Salamanca tackled crucial issues such as the right to property, economic ethics, freedom and slavery, the justice of (...) war... In the matrix of the Salamanca university, international law and the elements of reflection that would provide arguments for the abolition of slavery were born. This book brings together scholars from different geographical areas: several authors from Latin America, as well as from different European countries, sign their contributions. These diverse origins reflect the rich universality of the Hispanic project that had its heart in the reflections of the School of Salamanca. The diversity of topics addressed, ranging from the more practical questions of trade and the freedom of the American Indians to the subtleties of metaphysics or theology, is a good example of the richness of the issues addressed by those intellectuals who initiated modernity. (shrink)

This paper delves into the nature of intellectual property rights in aesthetic creations, particularly works of visual art and literary works. The discussion focuses on copyrights interests, but there are also implications for trademark and patent rights. The argument assumes a fairly conventional definition of "property," namely, the set of legal relations between the owner and all other persons relating to the use, enjoyment and disposition of a tangible thing. The problem with such a definition as applied (...) to aesthetic creations is that no ordinary tangible thing necessarily embodies a creation which can exist in multiple copies, so the paper takes the transcendent view that the tangible thing subject to legal relations is the entire terra firma or material universe being shaped in the image, sounds or words of the aesthetic creation. Therefore, the paradigm suggested for intellectual property is a monopoly on shaping the entire physical universe, thus the Worldmaking concept. It then follows that intellectual property in an aesthetic creation enables the owner to stop plagiarists from using any part of the material world to recreate in the audience the imaginative experiences first created by the protected work. (shrink)

The paper discusses Noordhof' point on emergence, by arguing against an emergentist view of properties.