Results for 'Copyright laws'

976 found
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  1. Impossibility of Emergent Works’ Protection in U.S. and EU Copyright Law.Matt Blaszczyk - 2023 - North Carolina Journal of Law and Technology 25 (1):1-55.
    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 (...)
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  2. THE EUROPEAN UNION's DIGITAL COPYRIGHT LAW REVIEW: MERIT THROUGH PUBLIC PARTICIPATION.Nikos Koutras - 2021 - Western Australian Student Law Review 5 (1):33-57.
    A multilevel consultative approach to governmental decision-making is increasingly being adopted in the European Union. On the back of this shift, it is prudent to consider the use of such consultative approaches in reforming digital copyright law. The adoption of a multilevel consultative approach has the potential to significantly benefit European Member States and increase political integration in Europe. Such an approach can address the complex dispersion of power amongst different levels of public institutions in the European Union and (...)
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  3. Narot, Copyrighted, All Rights Reserved: On the Tension between Music Copyright and Religious Authority.John T. Giordano - 2017 - Fourth Princess Galyani Vadhana International Symposium August 30Th- September 1St.
    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 (...)
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  4. Sharing is caring vs. stealing is wrong: a moral argument for limiting copyright protection.Julian Hauser - 2017 - International Journal of Technology Policy and Law 3 (1):68-85.
    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 (...)
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  5. Harnessing the Potential of Disability Law (A Disability Studies Perspective) in Disability: A Journey from Welfare to Right.Deepa Kansra & Sanjivini Raina - 2024 - New Delhi: Satyam Law International.
    Disability laws are crucial in ensuring a life of dignity for persons with disabilities. However, they remain limited and ineffective in the absence of adequate knowledge and awareness of the experiences with disability. The limitedness of disability laws has been spoken of in cases where the full realization of rights is subject to technological, philosophical, and market dynamics. In many cases, the law is also weakened by negative cultural beliefs and social perceptions of disability. And then there are (...)
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  6. Strategic Afro-Modernism, Dynamic Hybridity, and Bebop's Socio-Political Significance.Cynthia R. Nielsen - 2013 - In Mathieu Deflem (ed.), Music and Law: Sociology of Crime, Law and Deviance, Volume 18. Emerald Books. pp. 129-148.
    In this chapter, I argue that one can articulate a historically attuned and analytically rich model for understanding jazz in its various inflections. That is, on the one hand, such a model permits us to affirm jazz as a historically conditioned, dynamic hybridity. On the other hand, to acknowledge jazz’s open and multiple character in no way negates our ability to identify discernible features of various styles and aesthetic traditions. Additionally, my model affirms the sociopolitical, legal (Jim Crow and (...) laws), and economic structures that shaped jazz. Consequently, my articulation of bebop as an inflection of Afromodernism highlights the sociopolitical, and highly racialized context in which this music was created. Without a recognition of the sociopolitical import of bebop, one’s understanding of the music is impoverished, as one fails to grasp the strategic uses to which the music and discourses about the music were put. (shrink)
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  7. Star Trek: The Wrath of Fandom.Greg Littmann - 2019 - Science Fictions Popular Cultures Academics Conference Proceedings 1 (3):111-119.
    Science fiction fandoms tend to contain significant numbers of fans who feel angry and resentful about the handling of the franchise they are fans of, because of the stories the franchises owners have told. The paper addresses the question of when, if ever, such anger and resentment are justified. Special attention will be paid to Star Trek fandom, but other fandoms will be considered, including those for Star Wars and Doctor Who. Various proposed justifications for anger and resentment will be (...)
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  8. Remixing Rawls: Constitutional Cultural Liberties in Liberal Democracies.Jonathan Gingerich - 2019 - Northeastern University Law Review 11 (2):523-588.
    This article develops a liberal theory of cultural rights that must be guaranteed by just legal and political institutions. People form their own individual conceptions of the good in the cultural space constructed by the political societies they inhabit. This article argues that only rarely do individuals develop views of what is valuable that diverge more than slightly from the conceptions of the good widely circulating in their societies. In order for everyone to have an equal opportunity to autonomously form (...)
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  9. (1 other version)ENHANCING THE MASTERY SKILLS OF PUPIL - JOURNALISTS IN BASIC NEWS WRITING THROUGH (CEB) CONTEXTUALIZED ERROR – BASED WORKTEXT.Alwin C. Garcia - 2023 - Get International Research Journal.
    This study aimed to enhance the mastery level of the campus journalists of Cuyo Central School, Division of Palawan in basic news writing through (CEB) Contextualized Error – Based Worktext. It used mixed methods, the quantitative approach was utilized to know the common errors committed by the participants of the study in writing news articles, their level of achievement and the testing of significant difference of their scores in pre-test and post – test. The challenges they met in utilizing the (...)
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  10. Heidegger Zum Ereignis-Denken (GA73): An Index.Daniel Fidel Ferrer - 2018 - Verden: Kuhn von Verden.
    Copyright©Daniel Fidel Ferrer, 2018. 1. Heidegger, Martin, -- 1889-1976. 2. Heidegger, Martin, -- 1889-1976 -- Concordances. 3. Heidegger, Martin, -- 1889-1976 -- Indexes. 4). Metaphysics. 5). Philosophy, German. 6). Philosophy, German – Greek influences. 7). Heidegger, Martin; -- Wörterbuch. 8). Ontology. 9). Heidegger, Martin, -- 1889-1976 -- Concordances. 10). Heidegger, Martin, 1889–1976—Homes and haunts— Germany—Todtnauberg. I. Ferrer, Daniel Fidel, 1952-. Language: English (Preface and Introduction). Language: German (Main Index). Includes bibliographical references. Cover graphics by Shawn Rodriguez. Motto At the (...)
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  11. Ethical issues in the employment of user-generated content as experimental stimulus: Defining the interests of creators.Ben Merriman - 2014 - Research Ethics 10 (4):196-207.
    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 (...)
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  12. MUSIC-RELATED CRIMINAL OFFENCES.Sally Ramage - forthcoming - Current Criminal Law 8 (4).
    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.
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  13. Criminal offences and regulatory breaches in using social networking evidence in personal injury litigation.Sally Serena Ramage - 2010 - Current Criminal Law 2 (3):2-7.
    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 (...)
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  14. Economic Cycles, Crises, and the Global Periphery.Leonid Grinin, Arno Tausch & Andrey Korotayev (eds.) - 2016 - Switzerland: Springer International Publishing Switzerland.
    This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in (...)
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  15. New Frontiers in the Philosophy of Intellectual Property.Annabelle Lever - 2012 - Cambridge University Press.
    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 (...)
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  16. ¿Es éticamente aceptable la propiedad intelectual de los derechos de autor?Miguel Angel Quintana Paz - 2008 - Procesos de Mercado. Revista Europea de Economía Política 5 (1):91-130.
    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 (...)
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  17. The Darwinian tension.Hajo Greif - 2015 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 53:53-61.
    There have been attempts to subsume Charles Darwin's theory of evolution under either one of two distinct intellectual traditions: early Victorian natural science and its descendants in political economy (as exemplified by Herschel, Lyell, or Malthus) and the romantic approach to art and science emanating from Germany (as exemplified by Humboldt and Goethe). In this paper, it will be shown how these traditions may have jointly contributed to the design of Darwin's theory. The hypothesis is that their encounter created a (...)
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  18. Equality vs. Equivalence.P. J. Grimm - 2022 - Some Logical Investigations 1.
    Many differences exist between the logical relations “equality” and “equivalence”. In this monograph I point out differences that concern definition, linguistics, computational gates and tables, denotation, application, negation of terms, negation of the relation, relations to other relations, the laws of symmetry, transitivity and reflexivity, the laws of commutation and permutation, the law of tautology, the law of distribution, the law of association, propositional meaning, and “genesis”. I also point out a form of “symmetry breaking”: the negation of (...)
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  19. Intellectual Property is Common Property: Arguments for the Abolition of Private Intellectual Property Rights.Andreas Von Gunten - 2015 - buch & netz.
    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 (...)
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  20. Beginner's Guide for Cybercrime Investigators.Nicolae Sfetcu - 2014 - Drobeta Turnu Severin: MultiMedia Publishing.
    In the real world there are people who enter the homes and steal everything they find valuable. In the virtual world there are individuals who penetrate computer systems and "steal" all your valuable data. Just as in the real world, there are uninvited guests and people feel happy when they steal or destroy someone else's property, the computer world could not be deprived of this unfortunate phenomenon. It is truly detestable the perfidy of these attacks. For if it can be (...)
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  21. (1 other version)Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017.Michael Starks - 2017 - Las Vegas, NV USA: Reality Press.
    This collection of articles was written over the last 10 years and edited to bring them up to date (2017). The copyright page has the date of the edition and new editions will be noted there as I edit old articles or add new ones. All the articles are about human behavior (as are all articles by anyone about anything), and so about the limitations of having a recent monkey ancestry (8 million years or much less depending on viewpoint) (...)
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  22. (1 other version)Right to Silence-UK, U.S, France, Germany.Sally Serena Ramage - 2008 - Current Criminal Law 1 (2):2-30.
    RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 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 annual law books Current Law (...)
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  23. The Logic of the Whole Truth.Joseph S. Fulda - 1989 - Rutgers Computer and Technology Law Journal 15 (2):435-446.
    Note: The author holds the copyright, and there was no agreement, express or implied, not to use a facsimile PDF. -/- Using erotetic logic, the paper defines the "the whole truth" in a manner consistent with U.S. Supreme Court precedent. It cannot mean "the whole story," as witnesses in an adversary system are permitted /only/ to answer the questions put to them, nor are they permitted to speculate, add irrelevant material, etc. Nor can it mean not to add an (...)
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  24.  64
    Time Travel, Foreknowledge, and Dependence: A Response to Cyr.Andrew Law - forthcoming - Faith and Philosophy.
    The dependence solution claims that God’s foreknowledge is no threat to our freedom because God’s foreknowledge depends (in a relevant sense) on our actions. The assumption here is that those parts of the world which depend on our actions are no threat to the freedom of those actions. Recently, Taylor Cyr has presented a case which challenges this assumption. Moreover, since the case is analogous to the case of God’s foreknowledge, it would seem to establish that, even if God’s foreknowledge (...)
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  25. The Dependence Response and Explanatory Loops.Andrew Law - 2020 - Faith and Philosophy 37 (3):294-307.
    There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...)
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  26. Is Human Virtue a Civic Virtue? A Reading of Aristotle's Politics 3.4.L. K. Gustin Law - 2017 - In Emma Cohen de Lara & Rene Brouwer (eds.), Aristotle’s Practical Philosophy: On the Relationship between the Ethics and Politics. Chem, Switzerland: Springer. pp. 93-118.
    Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...)
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  27. Incompatibilism and the garden of forking paths.Andrew Law - 2023 - Philosophical Issues 33 (1):110-123.
    Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)
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  28. If Molinism is true, what can you do?Andrew Law - 2024 - International Journal for Philosophy of Religion 95 (3):307-322.
    Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...)
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  29. What Does Indeterminism Offer to Agency?Andrew Law - 2022 - Australasian Journal of Philosophy 100 (2):371-385.
    Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...)
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  30. Freedom, Foreknowledge, and Dependence: A Dialectical Intervention.Taylor W. Cyr & Andrew Law - 2020 - American Philosophical Quarterly 57 (2):145-154.
    Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...)
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  31. Commonsense Metaphysics and Lexical Semantics.Jerry R. Hobbs, William Croft, Todd Davies, Douglas Edwards & Kenneth Laws - 1987 - Computational Linguistics 13 (3&4):241-250.
    In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...)
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  32. Causation and Free Will. [REVIEW]Peter J. Graham, Andrew Law & Jonah Nagashima - 2018 - Analysis 78 (2):371-373.
    Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.
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  33. Are Copyrights Compatible with Human Rights ?Radu Uszkai - 2014 - Romanian Journal of Analytic Philosophy 8 (1):5-20.
    The purpose of the following study is that of providing a critical anal‑ ysis of Intellectual Property (IP), with a closer look on copyright, in the context of human rights. My main conjecture is the following : the legal infrastructure stemming from the implications of copyrights which states created has nega‑ tive consequences if we have a closer look at some human rights specified by The Universal Declaration of Human Rights (UDHR). For example, copyrights are, in my view, incompatible (...)
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  34. Copyright or copyleft?: An analysis of property regimes for software development.Paul B. de Laat - 2005 - Research Policy 34 (10):1511-1532.
    Two property regimes for software development may be distinguished. Within corporations, on the one hand, a Private Regime obtains which excludes all outsiders from access to a firm's software assets. It is shown how the protective instruments of secrecy and both copyright and patent have been strengthened considerably during the last two decades. On the other, a Public Regime among hackers may be distinguished, initiated by individuals, organizations or firms, in which source code is freely exchanged. It is argued (...)
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  35. Laws and the Completeness of the Fundamental.Martin Glazier - 2016 - In Mark Jago (ed.), Reality Making. Oxford, United Kingdom: Oxford University Press UK. pp. 11-37.
    Any explanation of one fact in terms of another will appeal to some sort of connection between the two. In a causal explanation, the connection might be a causal mechanism or law. But not all explanations are causal, and neither are all explanatory connections. For example, in explaining the fact that a given barn is red in terms of the fact that it is crimson, we might appeal to a non-causal connection between things’ being crimson and their being red. Many (...)
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  36. Law, the Rule of Law, and Goodness-Fixing Kinds.Emad H. Atiq - forthcoming - Engaging Raz: Themes in Normative Philosophy (OUP).
    Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. (...)
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  37. Laws and natural philosophy.Marius Stan - forthcoming - In _The History and Philosophy of Science, 1450 to 1750._. Bloombury Press.
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  38. Copyright and Freedom of Expression: a Philosophical Map.Alexandra Couto - 2008 - In Axel Gosseries, Alain Marciano & Alain Strowel (eds.), Intellectual Property and Theories of Justice. Basingstoke & N.Y.: Palgrave McMillan.
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  39. Law and the Entitlement to Coerce.Robert C. Hughes - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical foundations of the nature of law. Oxford, United Kingdom: Oxford University Press. pp. 183.
    Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.
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  40. Natural law ethics in disciplines abstract to applied.James Franklin - manuscript
    Language suggestive of natural law ethics, similar to the Catholic understanding of ethical foundations, is prevalent in a number of disciplines. But it does not always issue in a full-blooded commitment to objective ethics, being undermined by relativist ethical currents. In law and politics, there is a robust conception of "human rights", but it has become somewhat detached from both the worth of persons in themselves and from duties. In education, talk of "values" imports ethical considerations but hints at a (...)
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  41. The Law of Non-Contradiction as a Metaphysical Principle.Tuomas E. Tahko - 2009 - Australasian Journal of Logic 7:32-47.
    The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For example, (...)
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  42. Laws, Models, and Theories in Biology: A Unifying Interpretation.Pablo Lorenzano - 2020 - In Lorenzo Baravalle & Luciana Zaterka (eds.), Life and Evolution, History, Philosophy and Theory of the Life Sciences. Springer. pp. 163-207.
    Three metascientific concepts that have been object of philosophical analysis are the concepts oflaw, model and theory. The aim ofthis article is to present the explication of these concepts, and of their relationships, made within the framework of Sneedean or Metatheoretical Structuralism (Balzer et al. 1987), and of their application to a case from the realm of biology: Population Dynamics. The analysis carried out will make it possible to support, contrary to what some philosophers of science in general and of (...)
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  43. Phenomenological Laws and Mechanistic Explanations.Gabriel Siegel & Carl F. Craver - 2024 - Philosophy of Science 91 (1):132-150.
    In light of recent criticisms by Woodward (2017) and Rescorla (2018), we examine the relationship between mechanistic explanation and phenomenological laws. We disambiguate several uses of the phrase “phenomenological law” and show how a mechanistic theory of explanation sorts them into those that are and are not explanatory. We also distinguish the problem of phenomenological laws from arguments about the explanatory power of purely phenomenal models, showing that Woodward and Rescorla conflate these problems. Finally, we argue that the (...)
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  44. Assessing Law's Claim to Authority.Bas van der Vossen - 2011 - Oxford Journal of Legal Studies 31 (3):481-501.
    The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique (...)
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  45. Revaluing Laws of Nature in Secularized Science.Eli I. Lichtenstein - 2022 - In Yemima Ben-Menahem (ed.), Rethinking the Concept of Law of Nature: Natural Order in the Light of Contemporary Science. Springer. pp. 347-377.
    Discovering laws of nature was a way to worship a law-giving God, during the Scientific Revolution. So why should we consider it worthwhile now, in our own more secularized science? For historical perspective, I examine two competing early modern theological traditions that related laws of nature to different divine attributes, and their secular legacy in views ranging from Kant and Nietzsche to Humean and ‘governing’ accounts in recent analytic metaphysics. Tracing these branching offshoots of ethically charged God-concepts sheds (...)
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  46. Humean laws, explanatory circularity, and the aim of scientific explanation.Chris Dorst - 2019 - Philosophical Studies 176 (10):2657-2679.
    One of the main challenges confronting Humean accounts of natural law is that Humean laws appear to be unable to play the explanatory role of laws in scientific practice. The worry is roughly that if the laws are just regularities in the particular matters of fact (as the Humean would have it), then they cannot also explain the particular matters of fact, on pain of circularity. Loewer (2012) has defended Humeanism, arguing that this worry only arises if (...)
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  47. Necessary Laws.Max Kistler - 2005 - In Jan Faye, Paul Needham, Uwe Scheffler & Max Urchs (eds.), Nature's Principles. Springer. pp. 201-227.
    In the first part of this paper, I argue against the view that laws of nature are contingent, by attacking a necessary condition for its truth within the framework of a conception of laws as relations between universals. I try to show that there is no independent reason to think that universals have an essence independent of their nomological properties. However, such a non-qualitative essence is required to make sense of the idea that different laws link the (...)
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  48. Humean Laws: Stability, Undermining, and Context.Antony Eagle - manuscript
    I respond to some challenges to Humean laws deriving from the claimed non-resilience of such laws under counterfactual assumptions.
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  49. Laws of Nature: Necessary and Contingent.Samuel Kimpton-Nye - 2022 - Philosophical Quarterly 72 (4):875-895.
    This paper shows how a niche account of the metaphysics of laws of nature and physical properties—the Powers-BSA—can underpin both a sense in which the laws are metaphysically necessary and a sense in which it is true that the laws could have been different. The ability to reconcile entrenched disagreement should count in favour of a philosophical theory, so this paper constitutes a novel argument for the Powers-BSA by showing how it can reconcile disagreement about the (...)’ modal status. This paper also constitutes a defence of modal necessitarianism, the interesting and controversial view according to which all worlds are nomologically identical, because it shows how the modal necessitarian can appease the orthodox contingentist about laws. (shrink)
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  50. No laws and (thin) powers in, no (governing) laws out.Stavros Ioannidis, Vassilis Livanios & Stathis Psillos - 2021 - European Journal for Philosophy of Science 11 (1):1-26.
    Non-Humean accounts of the metaphysics of nature posit either laws or powers in order to account for natural necessity and world-order. We argue that such monistic views face fundamental problems. On the one hand, neo-Aristotelians cannot give unproblematic power-based accounts of the functional laws among quantities offered by physical theories, as well as of the place of conservation laws and symmetries in a lawless ontology; in order to capture these characteristics, commitment to governing laws is indispensable. (...)
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