541 research outputs found

    Why can’t I change Bruckner’s Eighth Symphony?

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    Musical works change. Bruckner revised his Eighth Symphony. Ella Fitzgerald and many other artists have made it acceptable to sing the jazz standard “All the Things You Are” without its original verse. If we accept that musical works genuinely change in these ways, a puzzle arises: why can’t I change Bruckner’s Eighth Symphony? More generally, why are some individuals in a privileged position when it comes to changing musical works and other artifacts, such as novels, films, and games? I give a view of musical works that helps to answer these questions. Musical works, on this view, are created abstract objects with no parts. The paradigmatic changes that musical works undergo are socially determined normative changes in how they should be performed. Due to contingent social practices, Bruckner, but not I, can change how his symphony should be performed. Were social practices radically different, I would be able to change his symphony. This view extends to abstract artifacts beyond music, including novels, films, words, games, and corporations

    Music and Vague Existence

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    I explain a tension between musical creationism and the view that there is no vague existence. I then suggest ways to reconcile these views. My central conclusion is that, although some versions of musical creationism imply vague existence, others do not. I discuss versions of musical creationism held by Jerrold Levinson, Simon Evnine, and Kit Fine. I also present two new versions. I close by considering whether the tension is merely an instance of a general problem raised by artifacts, both abstract and concrete. I argue that on at least one defensible account of music the tension is especially problematic for abstracta. I focus on musical works, but much of the paper straightforwardly applies to other kinds of abstract artifacts

    Heat-transfer thermal switch

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    Thermal switch maintains temperature of planetary lander, within definite range, by transferring heat. Switch produces relatively large stroke and force, uses minimum electrical power, is lightweight, is vapor pressure actuated, and withstands sterilization temperatures without damage

    The Weimaraner

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    The Weimaraner has been subjected to an intense publicity program in the last few years that has brought the breed to the attention of a considerable portion of the American public. That this program has been highly successful is evidenced by the widespread interest in the breed and the continued demand for comparatively high priced puppies. Two years ago Weimaraner show entries were a rarity and their appearance elicited much comment. Today show entries are approaching those of the more common hunting breeds and they are recognized by many people on sight. The enthusiasm of some writers in describing the prowess of the breed has been responsible for creating an exaggerated conception of their capabilities. It has also resulted in a considerable amount of confusion concerning the availability, membership in the Weimaraner Club, ownership, and in the mind of the amateur dog fancier, about their hunting ability and intelligence. Undoubtedly, small animal practitioners will be approached with questions concerning these problems, hence it is the purpose of this article to attempt to clarify these points

    Some Observations About Jewish Law in Israel\u27s Supreme Court

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    This Article considers whether the Israeli Supreme Court\u27s effort to incorporate the parts of Jewish Law that deal with secular subjects is internally flawed. The use of Jewish law differs from the use of the law of other jurisdictions. Typically courts rely on other jurisdictions\u27 precedents to show that a rule is practical, that the court is not overstepping its authority, and that adoption of the rule will lead to interstate or international uniformity. The use of Jewish law does not satisfy these goals. There is concern that the religious elements of Jewish law are pervasive and that much of Jewish law is not well suited for a modern society. This Article considers the approach of looking to Jewish law, not for specific rules that will be applied, but as a storehouse from which one can seek enlightenment. Even under this approach, this Article finds that some Israeli Supreme Court cases have misapplied Jewish law either by taking Jewish law out of context or by reading modern legal concepts into Jewish law. This Article suggests ways that some of these cases could have better employed Jewish law and also describes cases that have properly done so. It concludes that, when used properly, Jewish law can help to link Israeli law to a rich cultural heritage. Reprinted by permission of the publisher

    Aaron Kirschenbaum on Equity in Jewish Law

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    Aaron Kirschenbaum on Equity in Jewish Law

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    Medical Malpractice in Jewish Law: Some Parallels to External Norms and Practices

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    Compensation and Reward for Saving Life at Sea

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    This Article explores the life salvage rules under the general maritime law and under the 1912 life salvage statute. Surprisingly, some life salvors had greater rights under the general maritime law than they have under cases construing the statute. This Article suggests that courts have given insufficient attention to the purposes of the Brussels Salvage Convention of 1910, which inspired the 1912 statute, and that American courts should .remain free to recognize all rights that life salvors possessed before the Brussels Convention. This Article then considers whether American courts should further expand the rights of life salvors by awarding life salvage even when no property is saved. A few courts have resorted to some ingenious devices to compensate rescuers or would-be rescuers of human life who would not have been entitled to any life salvage under the established rules of law. This Article suggests that if a case like the Titanic were to come before an American court today, the court should compensate the life salvors for their personal injuries and reasonable expenses and should have the discretion to reward them for extraordinary acts of heroism. The same relief should also be available to certain classes of unsuccessful rescuers. In all cases American courts should formally renounce the vestiges of a doctrine that denies those who save lives an award that is given to those who save property

    A laboratory experiment in retaliation

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    Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/68117/2/10.1177_002200276801200306.pd
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