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Copyright's Paradox

Neil Weinstock Netanel

Copyright is at once an engine of free expression and impediment to free expression. Copyright law underwrites much literature, journalism, music, art, and film. Yet copyright often stands in the way ... More

Copyright is at once an engine of free expression and impediment to free expression. Copyright law underwrites much literature, journalism, music, art, and film. Yet copyright often stands in the way of speech that would build upon existing expression to convey new messages and artistic perspectives.In a seminal 1970 article, Melville Nimmer, the leading copyright and First Amendment scholar of his day, aptly termed the copyright‐free speech conflict a “largely ignored paradox.” Yet today that conflict has come virulently to the fore, and copyright is increasingly chastised as a tool of private censorship.Why has that happened? What values and practices does the copyright‐free speech conflict put at stake? How should the conflict be resolved?These are the principal questions this book seeks to answer. This book explores the copyright‐free speech conflict as it cuts across traditional and digital media alike. In so doing, it juxtaposes the dramatic expansion of copyright holders' proprietary control against individuals' newly found ability to digitally cut, paste, edit, remix, and distribute popular sound recordings, movies, TV programs, graphics, and texts the world over. It tests whether, in light of these developments and others, copyright still serves as a vital engine of free expression and assesses how copyright does—and does not—burden speech. Taking First Amendment values as its lodestar, the book argues that copyright should be delimited by how it can best promote robust debate and expressive diversity, and it presents a blueprint for how that can be accomplished.Less

Making Rights Claims: A Practice of Democratic Citizenship

Karen Zivi

Despite the global popularity of rights language, nagging suspicions remain about the compatibility between the practice of rights claiming and democracy. Does rights claiming advances democratic ... More

Despite the global popularity of rights language, nagging suspicions remain about the compatibility between the practice of rights claiming and democracy. Does rights claiming advances democratic freedom and equality or does it undermine participatory practices while reinforcing dominant forms of power? Should marginalized individuals and groups make rights claims to challenge oppression and injustice or should they seek an alternative language and form of political contestation? Making Rights Claims provides a unique entrée into these important and timely questions. Rather than simply taking a side in the debates for or against rights claiming, Zivi argues that we first need to understand the relationship between rights and democracy anew. Combining insights from speech act theory with recent developments in democratic and feminist thought, she develops a theory of the performativity of rights claiming and argues that if we understand and study rights claims as speech acts that create the world they seem to represent, we will see that it is through rights claiming, that we constitute and reconstitute ourselves as democratic citizens, shape our communities, and transform constraining categories of identity in ways that may simultaneously advance and challenge aspects of democracy.Less

The Philosophy of Jürgen Habermas: A Critical Introduction

Uwe Steinhoff

Jürgen Habermas seeks to defend the Enlightenment and with it an “emphatical”, “uncurtailed” conception of reason against the post-modern critique of reason on the one hand, and against so-called ... More

Jürgen Habermas seeks to defend the Enlightenment and with it an “emphatical”, “uncurtailed” conception of reason against the post-modern critique of reason on the one hand, and against so-called scientism (which would include critical rationalism and the greater part of analytical philosophy) on the other. His objection to the former is that it is self-contradictory and politically defeatist; his objection to the latter is that, thanks to a standard of rationality derived from the natural sciences or from Weber's concept of purposive rationality, it leaves normative questions to irrational decisions. Wishing to offer an alternative, Habermas tries to develop a theory of communicative action that can clarify the normative foundations of a critical theory of society as well as provide a fruitful theoretical framework for empirical social research. This study is a comprehensive and detailed analysis and a sustained critique of Habermas' philosophical system starting with his pragmatist turn in the seventies. It clearly and precisely depicts its long path from an analysis of speech acts to a discourse theory of law and the democratic constitutional state via the theory of communicative action, discourse ethics, and the attempts to apply the approach to, and support it with, empirical theories.Less

Expression in Speech: Analysis and Synthesis

Mark Tatham and Katherine Morton

This book is about the nature of expression in speech. It is a comprehensive exploration of how such expression is produced and understood, and of how the emotional content of spoken words may be ... More

This book is about the nature of expression in speech. It is a comprehensive exploration of how such expression is produced and understood, and of how the emotional content of spoken words may be analysed, modelled, tested, and synthesized. Listeners can interpret tone-of-voice, assess emotional pitch, and effortlessly detect the finest modulations of speaker attitude; yet these processes present almost intractable difficulties to the researchers seeking to identify and understand them. In seeking to explain the production and perception of emotive content, the book reviews the potential of biological and cognitive models. It examines how the features that make up the speech production and perception systems have been studied by biologists, psychologists, and linguists, and assesses how far biological, behavioural, and linguistic models generate hypotheses that provide insights into the nature of expressive speech.Less

The Gestural Origin of Language

David F. Armstrong and Sherman E. Wilcox

This book uses evidence from and about sign languages to explore the origins of language as we know it today. According to the model presented in this book, it is sign, not spoken languages, that is ... More

This book uses evidence from and about sign languages to explore the origins of language as we know it today. According to the model presented in this book, it is sign, not spoken languages, that is the original mode of human communication. The book demonstrates that modern language is derived from practical actions and gestures that were increasingly recognized as having the potential to represent and hence to communicate. In other words, the fundamental ability that allows us to use language is our ability to use pictures of icons, rather than linguistic symbols. Evidence from the human fossil record supports the book's claim by showing that we were anatomically able to produce gestures and signs before we were able to speak fluently. Although speech evolved later as a secondary linguistic communication device that eventually replaced sign language as the primary mode of communication, speech has never entirely replaced signs and gestures.Less

Relativism and Monadic Truth

Herman Cappelen and John Hawthorne

Relativism has dominated many intellectual circles, past and present, but the 20th century saw it banished to the fringes of mainstream analytic philosophy. Of late, however, it is making something ... More

Relativism has dominated many intellectual circles, past and present, but the 20th century saw it banished to the fringes of mainstream analytic philosophy. Of late, however, it is making something of a comeback within that loosely configured tradition, a comeback that attempts to capitalize on some important ideas in foundational semantics. This book aims not merely to combat analytic relativism but also to combat the foundational ideas in semantics that led to its revival. Doing so requires a proper understanding of the significance of possible worlds semantics, an examination of the relation between truth and the flow of time, an account of putatively relevant data from attitude and speech act reporting, and a careful treatment of various operators. This book contrasts relativism with a view according to which the contents of thought and talk are propositions that instantiate the fundamental monadic properties of truth simpliciter and falsity simpliciter. Such propositions, it argues, are the semantic values of sentences (relative to context), the objects of illocutionary acts, and, unsurprisingly, the objects of propositional attitudes.Less

Self-Expression

Mitchell S. Green

This book offers a general theory of expressive behavior, including but not limited to such behavior as it occurs in our own species. At the core of the project is the thesis that self-expression is ... More

This book offers a general theory of expressive behavior, including but not limited to such behavior as it occurs in our own species. At the core of the project is the thesis that self-expression is a matter of showing a cognitive, affective, or qualitative state in such a way that the showing is a product of design. Design may be the result of conscious intention, natural selection, artificial selection, or convention. Showing comes in three forms: showing that something is so, showing something in such a way as to make it perceptible, and showing how an object appears or how an experience or affect feels. This elucidation of self-expression as designed showing of something inner sheds light on such issues as the distinction between saying and showing, the nature of speaker meaning, speech acts, the problem of other minds, implicature, the psychology and evolutionary biology of facial expression, idiosyncratic and conventional aspects of expressive behavior, empathy, qualia, and artistic expression, particularly expression in music. The work blends insights from evolutionary game theory, ethology, experimental psychology, neuroscience, pragmatics, and the philosophies of mind and language.Less

De Doctrina Christiana

Saint Augustine

R. P. H. Green (ed.)

This is a completely new translation of the work that Augustine wrote to guide the Christian on how to interpret Scripture and communicate it to others, a kind of do‐it‐yourself manual for ... More

This is a completely new translation of the work that Augustine wrote to guide the Christian on how to interpret Scripture and communicate it to others, a kind of do‐it‐yourself manual for discovering what the Bible teaches and passing it on. Begun at the same time as his famous Confessions, but not completed until some thirty years later, it gives fascinating insight into many sides of his thinking, not least on the value of the traditional education of which the Confessions gives such a poor impression. Augustine begins by relating his theme to the love (and enjoyment) of God and the love of one's neighbour, and then proceeds to develop a theory of signs with which he can analyse the nature of difficulties in scripture. In studying unknown signs, Augustine finds a place for some disciplines enshrined in traditional culture and the school curriculum but not all; as for ambiguous signs, he carefully explores various kinds of problems, such as that of distinguishing the figurative from the literal, and has recourse to the hermeneutic system of the Donatist Tyconius. In the fourth and last book, he discusses how to communicate scriptural teaching, drawing on a lifetime of experience but also making notable use of the writings on rhetoric of Cicero, the classical orator. The translation is equipped with an introduction that discusses the work's aims and circumstances, outlines its contents and significance, commenting briefly on the manuscripts from which the Latin text – which is also provided in this volume – is derived, and also brief explanatory notes. There is a select bibliography of useful and approachable modern criticism of this important work.Less

The Normative Web: An Argument for Moral Realism

Terence Cuneo

Antirealist views about morality claim that moral facts do not exist. An interesting question to raise about these views is whether they imply that other types of normative facts, such as epistemic ... More

Antirealist views about morality claim that moral facts do not exist. An interesting question to raise about these views is whether they imply that other types of normative facts, such as epistemic facts, do not exist. This book develops the argument that they do. That is, it contends that moral and epistemic facts are sufficiently similar that, if moral facts do not exist, then epistemic facts also do not exist. But epistemic facts (facts that concern reasons for belief), it is argued, do exist. So, moral facts also exist. And if moral facts exist, then moral realism is true. This argument provides not simply a defence of a robustly realist view of ethics, but a positive argument for this position. In so doing, it engages with sophisticated sceptical positions in epistemology, such as error theories, expressivist views, and reductionist views of epistemic reasons. These positions, it is claimed, come at a high theoretical cost. It follows that realism about both epistemic and moral facts is a position that we should find highly attractive.Less

Things: Papers on Objects, Events, and Properties

Stephen Yablo

This book contains a collection of twelve metaphysical chapters that address a range of first-order topics, including identity, coincidence, essence, causation, and properties. Some first-order ... More

This book contains a collection of twelve metaphysical chapters that address a range of first-order topics, including identity, coincidence, essence, causation, and properties. Some first-order debates are not worth pursuing, the book argues; there is nothing at issue in them. Several of the chapters explore the metaontology of abstract objects, and more generally of objects that are ‘preconceived’, their principal features being settled already by their job-descriptions. The book rejects standard forms of fictionalism, opting ultimately for a view that puts presupposition in the role normally played by pretense.Less

Meaning in Law: A Theory of Speech

Charles W. Collier

Despite widespread admiration for the First Amendment's protection of speech, this iconic feature of American legal thought has never been adequately theorized. Existing theories of speech proceed on ... More

Despite widespread admiration for the First Amendment's protection of speech, this iconic feature of American legal thought has never been adequately theorized. Existing theories of speech proceed on the basis of legal doctrine and judicial decisionmaking, social and political philosophy, or legal and intellectual history. But these are not the disciplines one would most naturally turn to in analyzing speech. This book takes a new and different approach. The book develops a general legal theory of speech on the basis of linguistic theory and the philosophy of language. The opening chapters retrace the main conceptual stages in the expression of meaning: from natural meaning, through symbolism, to signification. The book then focuses on three failed attempts to demarcate the outer, definitional boundaries of “speech” in the constitutional sense: prior restraints, obscenity, and defamation. Later chapters analyze symbolic speech (communication by nonlinguistic means) as the key to developing an intention-based theory of speech. The essential elements of the theory are: Nonnatural Meaning; The Signaling of Intent; The Recognition of Intent; and Establishing a Convention. A final chapter applies these insights to the case law of symbolic speech and resolves some basic confusions in the legal literature. This analysis proceeds by way of an original distinction between actual conduct (in the real world) and the “ideal conduct” described in a statute. The former may be described both as communicative and noncommunicative, while the latter has already been conceptualized as either communicative or noncommunicative. This distinction clears up a major legal quandary: how conduct that counts as communication may nevertheless be regulated or prohibited, without running afoul of the First Amendment's protection of speech.Less