Ideation and Appropriation: Wittgenstein on Intellectual Property

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

MSW Effects in Vacuum Oscillations

We point out that for solar neutrino oscillations with the mass-squared difference of Delta m^2 ~ 10^-10 - 10^-9 eV^2, traditionally known as ``vacuum oscillation'' range, the solar matter effects are non-negligible, particularly for the low energy pp neutrinos. One consequence of this is that the values of the mixing angle theta and pi/2-theta are not equivalent, leading to the need to consider the entire physical range of the mixing angle 0<=theta<=pi/2 when determining the allowed values of the neutrino oscillation parameters.Comment: 4 pages, 5 figures. The calculation of the level crossing probability is now performed numerically using the BP2000 solar density profile. Conclusions unchange

“Advice and Consent” In the Appointments Clause: From Another Historical Perspective

This Essay, a response to Russell L. Weaver\u27s symposium contribution, Advice and Consent in Historical Perspective, first explores the Appointments Clause’s antecedents in the Age of Enlightenment and its emergence in the Constitutional Convention in 1787, showing how its sturdy separation-of-powers foundation was built. In Part II, the Essay focuses on the historical realities of the Clause’s two-branch process, especially how the operability of two political bodies naturally yields results consonant with the etiquette and political sensibilities of the day. Then, in Part III, it offers several suggestions on how to cabin the potentially untrammeled discretion of the Senate in responding to presidential nominations