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In Nonsense upon Stilts ̧ first published in 1987, Waldron includes and discusses extracts from three classic critiques of the idea of natural rights embodied in the 1789 Declaration of the Rights of Man and the Citizen. Each text is prefaced by an historical introduction and an analysis of its main themes. The collection as a whole in introduced with an essay tracing the philosophical background to the three critiques as well as the eighteenth-century idea of natural rights which they attacked. But the point of reproducing these works is not merely historical. Modern attacks on ‘rights-based’ political philosophy mirror the concerns of Bentham, Burke and Marx. Jeremy Waldron has therefore added an extensive concluding essay which relates these classic texts to the modern discussion of rights and re-examines the idea of rights in the light of contemporary critiques. This text provides an invaluable teaching tool for courses in politics and philosophy.
Bentham's writings for the French Revolution were dominated by the themes of rights, representation, and reform. In 'Nonsense upon Stilts' (hitherto known as 'Anarchical Fallacies'), the most devastating attack on the theory of natural rights ever written, he argued that natural rights provided an unsuitable basis for stable legal and political arrangements. In discussing the nature of representation he produced the earliest utilitarian justification of political equality and representative democracy, even recommending women's suffrage.
Recent polls suggest that fewer than 40 percent of Americans believe in Darwin’s theory of evolution, despite it being one of science’s best-established findings. More and more parents are refusing to vaccinate their children for fear it causes autism, though this link can been consistently disproved. And about 40 percent of Americans believe that the threat of global warming is exaggerated, despite near consensus in the scientific community that manmade climate change is real. Why do people believe bunk? And what causes them to embrace such pseudoscientific beliefs and practices? Noted skeptic Massimo Pigliucci sets out to separate the fact from the fantasy in this entertaining exploration of the nature of science, the borderlands of fringe science, and—borrowing a famous phrase from philosopher Jeremy Bentham—the nonsense on stilts. Presenting case studies on a number of controversial topics, Pigliucci cuts through the ambiguity surrounding science to look more closely at how science is conducted, how it is disseminated, how it is interpreted, and what it means to our society. The result is in many ways a “taxonomy of bunk” that explores the intersection of science and culture at large. No one—not the public intellectuals in the culture wars between defenders and detractors of science nor the believers of pseudoscience themselves—is spared Pigliucci’s incisive analysis. In the end, Nonsense on Stilts is a timely reminder of the need to maintain a line between expertise and assumption. Broad in scope and implication, it is also ultimately a captivating guide for the intelligent citizen who wishes to make up her own mind while navigating the perilous debates that will affect the future of our planet.
What's Wrong with Rights? argues that contemporary rights-talk obscures the importance civic virtue, military effectiveness and the democratic law legitimacy. It draws upon legal and moral philosophy, moral theology, and court judgments. It spans discussions from medieval Christendom to contemporary debates about justified killing.
THE argument for animal rights, a classic since its appearance in 1983, from the moral philosophical point of view. With a new preface.
"This stimulating reader invites a fresh look at Bentham. Drawing on recent scholarship, it presents newly edited texts and unexpected perspectives on familiar works about sex, law, publicity, colonies, place and time, and much else besides."---William Twining, University College London --Book Jacket.
Protection of intellectual property (IP) rights is indispensable to maintaining a vibrant economy, especially in the digital age as creativity and innovation increasingly take intangible forms. Long before the digital age, however, the U.S. Constitution secured the IP rights of authors and inventors to the fruits of their labors. The essays in this book explore the foundational underpinnings of intellectual property that informed the Constitution of 1787, and it explains how these concepts informed the further development of IP rights from the First Congress through Reconstruction. The essays address the contributions of figures such as John Locke, George Washington, James Madison, Thomas Jefferson, Noah Webster, Joseph Story, Daniel Webster, and Abraham Lincoln to the development of IP rights within the context of American constitutionalism. Claims that copyrights and patents are not property at all are in fashion in some quarters. This book''s essays challenge those dubious claims. Unlike other works that offer a strictly pragmatic or utilitarian defense of IP rights, this book seeks to recover the Constitution''s understanding of IP rights as ultimately grounded in the natural rights of authors and inventors. "A fascinating, illuminating and insightful exploration of the roots of intellectual property law in America. Essential for students, teachers and practitioners in the field. Intellectually sound and highly readable." -- Theodore Olson, Solicitor General of the United States, 2001-2004 "The current proposals for copyright and patent reform are often stated in an impatient manner, as if there were only one side to a difficult problem. It is therefore refreshing to have this book by Randolph May and Seth Cooper that offers a careful and instructive exploration of the larger natural law foundations of modern intellectual property law and shows how the traditional concerns of the natural lawyers lend added weight to the soundness of the current IP system." -- Richard Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law "Given the importance of the protection of intellectual property rights to our nation''s economy and to innovation and investment, this book addressing the constitutional foundations and philosophical underpinnings of IP rights provides a valuable antidote to the all too prevalent and damaging populist view that ''information wants to be free.''" -- Robert Atkinson, President, Information Innovation & Technology Foundation "I loved the book, and I hope it finds a large audience. Over the years, I''ve had many people tell me my interpretation of the Constitution''s Intellectual Property Clause was wrong. Hopefully, this new book by Randolph May and Seth Cooper, with its scholarly yet highly readable treatment, will refocus the debate about IP rights on first principles and our Founders'' intentions." -- Marybeth Peters, Register of Copyrights of the United States, 1994-2011 "This is an essential volume for anyone who cares about the Constitution and intellectual property. The Framers thought intellectual property was important enough to provide for its protection expressly in the Constitution. This book provides invaluable insights into the Framers'' decision and should inform contemporary debates about the nature of that protection." -- Paul Clement, Solicitor General of the United States, 2005-2008 "Randolph May and Seth Cooper have authored a welcome addition to the literature on intellectual property rights. Well-researched and clearly written, this book provides an invaluable historical perspective that will contribute significantly to the ongoing debates about the conceptual underpinnings of copyright and patent law." -- Cary Sherman, Chairman and CEO of RIAA "Finally, two talented authors add intellectual heft to the ongoing debate about the true nature of copyright--as an exclusive private property right, or as a limited right to be doled out stingily, riddled with exceptions and limitations, to be given away free-of-charge. It has become fashionable in some academic circles to treat copyright exclusivity as a quaint but outmoded notion, and its advocates as hopeless naïfs. But Mr. May and Mr. Cooper, by going back to first principles and natural rights, show us that an exclusive property right is at the heart of copyright protection. Their learned analysis should be widely read, especially by Members of Congress and judges, to help them understand the true nature of the debate and the deep roots of the copyright pedigree as a natural private property right--historically unique, socially revolutionary, and worth fighting for. Three cheers for Messrs. May and Cooper!" -- Ralph Oman, Register of Copyrights of the United States, 1985-1993 "The natural rights approach that May and Cooper take has not disappeared entirely from copyright discourse these days. One hears hints of it in court opinions and policy statements, and a few intrepid academics write from such a perspective, including, for example, Adam Mossof and Mark Schultz, who are mentioned in the book''s acknowledgements. But May and Cooper have written a thorough recitation of how copyright is justified under a natural rights theory and how that justification is reflected in US law--and a project of such scope is increasingly rare...May and Cooper have contributed an excellent primer on the natural rights justification for intellectual property rights in the US and its reflection in the Constitution and early American jurisprudence." -- Terry Hart, Copyhype "May and Cooper''s book is written by academics for academics, though it is entirely accessible to any reader, if constitutional scholarship on intellectual property is your cup of post-revolutionary tea, so to speak." -- David Newhoff, The Illusion of More
“A remarkable contribution to one of the most vexing problems in science: the ‘demarcation’ problem, or how to distinguish science from nonscience.” —Francisco J. Ayala, author of Darwin’s Gift to Science and Religion What sets the practice of rigorously tested, sound science apart from pseudoscience? In this volume, the contributors seek to answer this question, known to philosophers of science as “the demarcation problem.” This issue has a long history in philosophy, stretching as far back as the early twentieth century and the work of Karl Popper. But by the late 1980s, scholars in the field began to treat the demarcation problem as impossible to solve and futile to ponder. However, the essays that Massimo Pigliucci and Maarten Boudry have assembled in this volume make a rousing case for the unequivocal importance of reflecting on the separation between pseudoscience and sound science. Moreover, the demarcation problem is not a purely theoretical dilemma of mere academic interest: it affects parents’ decisions to vaccinate children and governments’ willingness to adopt policies that prevent climate change. Pseudoscience often mimics science, using the superficial language and trappings of actual scientific research to seem more respectable. Even a well-informed public can be taken in by such questionable theories dressed up as science. Pseudoscientific beliefs compete with sound science on the health pages of newspapers for media coverage and in laboratories for research funding. Now more than ever the ability to separate genuine scientific findings from spurious ones is vital, and The Philosophy of Pseudoscience provides ground for philosophers, sociologists, historians, and laypeople to make decisions about what science is or isn’t. “A manual to overcome our natural cognitive biases.” —Corriere della Sera (Italy)