The Invention Of Nature 2

As a result of the incorporation of computer software into countless commercial and industrial products, the patentability of software has become a vital issue in intellectual property law. This indispensable book provides an overview on the current status of computer-implemented inventions in patent law across Europe and major jurisdictions worldwide. A hugely practical field research tool with guidance based on case law, it examines the major hurdles in each particular country and describes the best practice to be adopted. Clearly showing how enforceable software patent applications can be competitively drafted and how a patent portfolio for computer-implemented inventions can be established in several countries without spending money unnecessarily on problematic examination proceedings, this book covers such issues and topics as the following: • claim categories for patent applications; • sufficient level of abstraction/breadth of the claimed invention; • fundamental terms of computing and terminological traps; • probability for patents dependent on software application areas; and • patents in core areas of computing. With separate chapters for the key countries, Germany, the United Kingdom, France, the United States, China, Korea, Japan, India, and the European Patent Office the legal situation for computer-implemented inventions in each country or region, this book includes guidance on prosecution under national law, analyses of relevant court decisions, practice checklists, and an outlook on future developments.. The authors describe claim formulation based on actual cases and on principles of computer science in order to show what might be or might not be patentable in each jurisdiction. With this incomparable resource, patent attorneys and patent professionals in companies will get a basis for making decisions about the most appropriate jurisdictions in which to file patent applications. This book will also be of great value to computer professionals who are affected by the protection of software or who are actively involved in the protection of software by patent law.

The issue of sustainability, and the idea that economic growth and development might destroy its own foundations, is one of the defining political problems of our era. This ground breaking study traces the emergence of this idea, and demonstrates how sustainability was closely linked to hopes for growth, and the destiny of expanding European states, from the sixteenth century. Weaving together aspirations for power, for economic development and agricultural improvement, and ideas about forestry, climate, the sciences of the soil and of life itself, this book sets out how new knowledge and metrics led people to imagine both new horizons for progress, but also the possibility of collapse. In the nineteenth century, anxieties about sustainability, often driven by science, proliferated in debates about contemporary and historical empires and the American frontier. The fear of progress undoing itself confronted society with finding ways to live with and manage nature.

Are natural resources really so limited that, as Mahatma Gandhi once famously said, “Earth provides enough to satisfy every man’s need, but not every man’s greed”? (TE 2012) This limiting view of natural resources can be contrasted with an opposing view by John Maynard Keynes, who “summarized Say’s Law as ‘supply creates its own demand’” but then “turned Say’s Law on its head in the 1930s by declaring that demand creates its own supply,” so whenever a demand exists, there will be resources to create the supply. (EN 2012) Contrary to these opposing views (and other ones as will be discussed in the book), natural resources, in relation to both diversity and discontinuity are neither possible or impossible, nor desirable or undesirable to the extent that the respective ideologues on different sides would like us to believe. Needless to say, this challenge to the opposing views of natural resources does not mean that natural resources are unimportant, or that those interdisciplinary fields (related to natural resources) like conservation biology, environmental management, ecological economics, political ecology, environmental ethics, adaptive management, genetic engineering, Malthusianism, and so on are not worth studying. Of course, neither of these extreme views is reasonable. Rather, this book offers an alternative, better way to understand the future of natural resources, especially in the dialectic context of diversity and discontinuity—while learning from different approaches in the literature but without favoring any one of them or integrating them, since they are not necessarily compatible with each other. More specifically, this book offers a new theory (that is, the resilient theory of natural resources) to go beyond the existing approaches in a novel way. If successful, this seminal project is to fundamentally change the way that we think about natural resources in relation to diversity and discontinuity from the combined perspectives of the mind, nature, society, and culture, with enormous implications for the human future and what the author originally called its “post-human” fate.

This book proposes, for the first time, an in-depth analysis of the Philosophie sociale, published in Paris in 1793 by Moses Dobruska (1753-1794). Dobruska was a businessman, scholar, and social philosopher, born into a Jewish family in Moravia, who converted to Catholicism, gained wide recognition at the Habsburg court in Vienna, and then emigrated to France to join the French Revolution. Dobruska, who took on the name Junius Frey during his Parisian sojourn, barely survived his book. Accused of conspiring on behalf of foreign powers, he was guillotined on April 5, 1794, at the height of The Terror, on the same day as Georges Jacques Danton. From Dobruska's ideas, which were widely used between the late eighteenth century and the first decades of the nineteenth century without attribution to their author, emerge some of the key concepts of the social sciences as we know them today. An enthusiastic and unfortunate revolutionary and sometimes a brilliant theorist, Moses Dobruska deserves a role of his own in the history of sociology. Click here for a video book presentation by the author.

The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.

This remarkable book is the most comprehensive study ever written of the history of moral philosophy in the seventeenth and eighteenth centuries. Its aim is to set Kant's still influential ethics in its historical context by showing in detail what the central questions in moral philosophy were for him and how he arrived at his own distinctive ethical views. The book is organised into four main sections, each exploring moral philosophy by discussing the work of many influential philosophers of the seventeenth and eighteenth centuries. In an epilogue the author discusses Kant's view of his own historicity, and of the aims of moral philosophy. In its range, in its analyses of many philosophers not discussed elsewhere, and in revealing the subtle interweaving of religious and political thought with moral philosophy, this is an unprecedented account of the evolution of Kant's ethics.

The English philosopher Herbert Spencer (1820 - 1903) was a colossus of the Victorian age. His works ranked alongside those of Darwin and Marx in the development of disciplines as wide ranging as sociology, anthropology, political theory, philosophy and psychology. In this acclaimed study of Spencer, the first for over thirty years and now available in paperback, Mark Francis provides an authoritative and meticulously researched intellectual biography of this remarkable man that dispels the plethora of misinformation surrounding Spencer and shines new light on the broader cultural history of the nineteenth century. In this major study of Spencer, the first for over thirty years, Mark Francis provides an authoritative and meticulously researched intellectual biography of this remarkable man. Using archival material and contemporary printed sources, Francis creates a fascinating portrait of a human being whose philosophical and scientific system was a unique attempt to explain modern life in all its biological, psychological and sociological forms. Herbert Spencer and the Invention of Modern Life fills what is perhaps the last big biographical gap in Victorian history. An exceptional work of scholarship it not only dispels the plethora of misinformation surrounding Spencer but shines new light on the broader cultural history of the nineteenth century. Elegantly written, provocative and rich in insight it will be required reading for all students of the period.

We tend to take for granted the labels we put to different forms of music. This study considers the origins and implications of the way in which we categorize music. Whereas earlier ways of classifying music were based on its different functions, for the past two hundred years we have been obsessed with creativity and musical origins, and classify music along these lines. Matthew Gelbart argues that folk music and art music became meaningful concepts only in the late eighteenth and early nineteenth centuries, and only in relation to each other. He examines how cultural nationalism served as the earliest impetus in classifying music by origins, and how the notions of folk music and art music followed - in conjunction with changing conceptions of nature, and changing ideas about human creativity. Through tracing the history of these musical categories, the book confronts our assumptions about different kinds of music.

Modern physical science is constituted by specialized scientific fields rooted in experimental laboratory work and in rational and mathematical representations. Contemporary scientific explanation is rigorously differentiated from religious interpretation, although, to be sure, scientists sometimes do the philosophical work of interpreting the metaphysics of space, time, and matter. However, it is rare that either theologians or philosophers convincingly claim that they are doing the scientific work of physical scientists and mathematicians. The rigidity of these divisions and differentiations is relatively new. Modern physical science was invented slowly and gradually through interactions of the aims and contents of mathematics, theology, and natural philosophy since the seventeenth century. In essays ranging in focus from seventeenth-century interpretations of heavenly comets to twentieth-century explanations of tracks in bubble chambers, ten historians of science demonstrate metaphysical and theological threads continuing to underpin the epistemology and practice of the physical sciences and mathematics, even while they became disciplinary specialties during the last three centuries. The volume is prefaced by tributes to Erwin N. Hiebert, whose teaching and scholarship have addressed and inspired attention to these issues.

Natural philosophy encompassed all natural phenomena of the physical world. It sought to discover the physical causes of all natural effects and was little concerned with mathematics. By contrast, the exact mathematical sciences were narrowly confined to various computations that did not involve physical causes, functioning totally independently of natural philosophy. Although this began slowly to change in the late Middle Ages, a much more thoroughgoing union of natural philosophy and mathematics occurred in the seventeenth century and thereby made the Scientific Revolution possible. The title of Isaac Newton's great work, The Mathematical Principles of Natural Philosophy, perfectly reflects the new relationship. Natural philosophy became the 'Great Mother of the Sciences', which by the nineteenth century had nourished the manifold chemical, physical, and biological sciences to maturity, thus enabling them to leave the 'Great Mother' and emerge as the multiplicity of independent sciences we know today.

This book provides the first comprehensive, historically based, philosophical interpretations of two texts of Thomas Percival’s professional ethics in medicine set in the context of his intellectual biography. Preceded by his privately published and circulated Medical Jurisprudence of 1794, Thomas Percival (1740-1804) published Medical Ethics in 1803, the first book thus titled in the global histories of medicine and medical ethics. From his days as a student at the Warrington Academy and the medical schools of the universities of Edinburgh and Leyden, Percival steeped himself in the scientific method of Francis Bacon (1561-1626). McCullough shows how Percival became a Baconian moral scientist committed to Baconian deism and Dissent. Percival also drew on and significantly expanded the work of his predecessor in professional ethics in medicine, John Gregory (1724-1773). The result is that Percival should be credited with co-inventing professionalism in medicine with Gregory. To aid and encourage future scholarship, this book brings together the first time three essential Percival texts, Medical Jurisprudence, Medical Ethics, and Extracts from the Medical Ethics of Dr. Percival of 1823, the bridge from Medical Ethics to the 1847 Code of Medical Ethics on the American Medical Association. To support comparative reading, this book provides concordances of Medical Jurisprudence to Medical Ethics and of Medical Ethics to Extracts. Finally, this book includes the first Chronology of Percival’s life and works.

A radical new reading of eighteenth-century British theorist Thomas Robert Malthus, which recovers diverse ideas about subsistence production and environments later eclipsed by classical economics With the publication of Essay on the Principle of Population and its projection of food shortages in the face of ballooning populations, British theorist Thomas Robert Malthus secured a leading role in modern political and economic thought. In this startling new interpretation, Deborah Valenze reveals how canonical readings of Malthus fail to acknowledge his narrow understanding of what constitutes food production. Valenze returns to the eighteenth-century contexts that generated his arguments, showing how Malthus mobilized a redemptive narrative of British historical development and dismissed the varied ways that people adapted to the challenges of subsistence needs. She uses history, anthropology, food studies, and animal studies to redirect our attention to the margins of Malthus’s essay, where activities such as hunting, gathering, herding, and gardening were rendered extraneous. She demonstrates how Malthus’s omissions and his subsequent canonization provided a rationale for colonial imposition of British agricultural models, regardless of environmental diversity. By broadening our conception of human livelihoods, Valenze suggests pathways to resistance against the hegemony of Malthusian political economy. The Invention of Scarcity invites us to imagine a world where monoculture is in retreat and the margins are recentered as spaces of experimentation, nimbleness, and human flourishing.

Improvement was a new concept in seventeenth-century England; only then did it become usual for people to think that the most effective way to change things for the better was not a revolution or a return to the past, but the persistent application of human ingenuity to the challenge of increasing the country's wealth and general wellbeing. Improvements in agriculture and industry, commerce and social welfare, would bring infinite prosperity and happiness. The word improvement was itself a recent coinage. It was useful as a slogan summarising all these goals, and since it had no equivalent in other languages, it gave the English a distinctive culture of improvement that they took with them to Ireland and Scotland, and to their possessions overseas. It made them different from everyone else. The Invention of Improvement explains how this culture of improvement came about. Paul Slack explores the political and economic circumstances which allowed notions of improvement to take root, and the changes in habits of mind which improvement accelerated. It encouraged innovation, industriousness, and the acquisition of consumer goods which delivered comfort and pleasure. There was a new appreciation of material progress as a process that could be measured, and its impact was publicised by the circulation of information about it. It had made the country richer and many of its citizens more prosperous, if not always happier. Drawing on a rich variety of contemporary literature, The Invention of Improvement situates improvement at the centre of momentous changes in how people thought and behaved, how they conceived of their environment and their collective prospects, and how they cooperated in order to change them.

A dynasty of high ability and great charm, the Stuarts exerted a compelling fascination over their supporters and enemies alike. First published in 1991, this title assesses the influence of the Stuart mystique on the modern political and cultural identity of Scotland. Murray Pittock traces the Stuart myth from the days of Charles I to the modern Scottish National Party, and discusses both pro- and anti-Union propaganda. He provides a unique insight into the ‘radicalism’ of Scottish Jacobitism, contrasting this ‘Jacobitisim of the Left’ with the sentimental image constructed by the Victorians. Dealing with a subject of great relevance to modern British society, this reissue provides an extensive analysis of Scottish nationhood, the Stuart cult and Jacobite ideology. It will be of great interest to students of literature, history, and Scottish culture and politics.

Is culinary art really so exact that, as Delia Smith once wrote, “cooking is an exact art and not some casual game”? (BQ 2012) This exact view of cooking can be contrasted with an opposing observation by Tom Jaine, when he argued that, “if cooking becomes an art form rather than a means of providing a reasonable diet, then something is clearly wrong.” (BQ 2012a) Contrary to these opposing views (and other ones as will be discussed in the book), culinary art, in relation to both ingredients and techniques, is neither possible or impossible, nor desirable or undesirable, to the extent that the respective ideologues on different sides would like us to believe. Needless to say, this challenge to the opposing views of cooking does not mean that culinary art has no practical value, or that those interdisciplinary fields (related to culinary art) like food science, nutritional economics, food chemistry, food aesthetics, the ethics of killing for food, molecular gastronomy, food rheology, food photography, Shechita, the science of aphrodisiacs, and so on, are unimportant. Of course, neither of these extreme views is reasonable. Rather, this book offers an alternative, better way to understand the future of culinary art, especially in the dialectic context of ingredients and techniques—while learning from different approaches in the literature but without favoring any one of them or integrating them, since they are not necessarily compatible with each other. More specifically, this book offers a new theory (that is, the inquisitive theory of culinary art) to go beyond the existing approaches in a novel way. If successful, this seminal project is to fundamentally change the way that we think about culinary art in relation to ingredients and techniques from the combined perspectives of the mind, nature, society, and culture, with enormous implications for the human future and what the author originally called its “post-human” fate.

Since at least the Reformation, English men and women have been engaged in visiting, exploring and portraying, in words and images, the landscape of their nation. The Invention of the English Landscape examines these journeys and investigations to explore how the natural and historic English landscape was reconfigured to become a widely enjoyed cultural and leisure resource. Peter Borsay considers the manifold forces behind this transformation, such as the rise of consumer culture, the media, industrial and transport revolutions, the Enlightenment, Romanticism, and the Gothic revival. In doing so, he reveals the development of a powerful bond between landscape and natural identity, against the backdrop of social and political change from the early modern period to the start of the Second World War. Borsay's interdisciplinary approach demonstrates how human understandings of the natural world shaped the geography of England, and uncovers a wealth of valuable material, from novels and poems to paintings, that expose historical understandings of the landscape. This innovative approach illuminates how the English countryside and historic buildings became cultural icons behind which the nation was rallied during war-time, and explores the emergence of a post-war heritage industry that is now a definitive part of British cultural life.

How did the value of freedom become so closely associated with the institution of the market? Why did the idea of market freedom hold so little appeal before the modern period and how can we explain its rise to dominance? In The Invention of Market Freedom, Eric MacGilvray addresses these questions by contrasting the market conception of freedom with the republican view that it displaced. After analyzing the ethical core and exploring the conceptual complexity of republican freedom, MacGilvray shows how this way of thinking was confronted with, altered in response to, and finally overcome by the rise of modern market societies. By learning to see market freedom as something that was invented, we can become more alert to the ways in which the appeal to freedom shapes and distorts our thinking about politics.

We live in a world made by science. How and when did this happen? This book tells the story of the extraordinary intellectual and cultural revolution that gave birth to modern science, and mounts a major challenge to the prevailing orthodoxy of its history. Before 1492 it was assumed that all significant knowledge was already available; there was no concept of progress; people looked for understanding to the past not the future. This book argues that the discovery of America demonstrated that new knowledge was possible: indeed it introduced the very concept of 'discovery', and opened the way to the invention of science. The first crucial discovery was Tycho Brahe's nova of 1572: proof that there could be change in the heavens. The telescope (1610) rendered the old astronomy obsolete. Torricelli's experiment with the vacuum (1643) led directly to the triumph of the experimental method in the Royal Society of Boyle and Newton. By 1750 Newtonianism was being celebrated throughout Europe. The new science did not consist simply of new discoveries, or new methods. It relied on a new understanding of what knowledge might be, and with this came a new language: discovery, progress, facts, experiments, hypotheses, theories, laws of nature - almost all these terms existed before 1492, but their meanings were radically transformed so they became tools with which to think scientifically. We all now speak this language of science, which was invented during the Scientific Revolution. The new culture had its martyrs (Bruno, Galileo), its heroes (Kepler, Boyle), its propagandists (Voltaire, Diderot), and its patient labourers (Gilbert, Hooke). It led to a new rationalism, killing off alchemy, astrology, and belief in witchcraft. It led to the invention of the steam engine and to the first Industrial Revolution. David Wootton's landmark book changes our understanding of how this great transformation came about, and of what science is.