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Full-Text Articles in Aesthetics
Nonobvious Design, Mark Bartholomew
Nonobvious Design, Mark Bartholomew
Journal Articles
To earn patent protection, a claimed product design must be “nonobvious.” Yet while nonobviousness has been described as “the heart” and “cornerstone” of the utility patent system, in the design patent context, the term has become next to useless. Instead of actually policing nonobviousness in design, modern courts grant patent rights to any work that is not an exact replica of another. The problem, judges maintain, is that comparing one visual design against another demands the use of aesthetic judgment and aesthetic judgment is an instinctual, subjective process incapable of legal definition. Recent neuroscientific studies of aesthetic judgment dispel some …
A Moral Problem For Difficult Art, Antony Aumann
A Moral Problem For Difficult Art, Antony Aumann
Journal Articles
Works of art can be difficult in several ways. One important way is by making us face up to unsettling truths. Such works typically receive praise. I maintain, however, that sometimes they deserve moral censure. The crux of my argument is that, just as we have a right to know the truth in certain contexts, so too we have a right not to know it. Provided our ignorance does not harm or seriously endanger others, the decision about whether to know the truth ought to be left to us. Within this limit, therefore, difficult art is morally problematic if it …
The Relationship Between Aesthetic Value And Cognitive Value, Antony Aumann
The Relationship Between Aesthetic Value And Cognitive Value, Antony Aumann
Journal Articles
Recent attention to the relationship between aesthetic value and cognitive value has focused on whether the latter can affect the former. In this article, I approach the issue from the opposite direction. I investigate whether the aesthetic value of a work can influence its cognitive value. More narrowly, I consider whether a work’s aesthetic value ever contributes to or detracts from its philosophical value, which I take to include the truth of its claims, the strength of its arguments, and its internal consistency. I argue that aesthetic value does have such an impact, at least sometimes and to some degree. …
Kierkegaard, Paraphrase, And The Unity Of Form And Content, Antony Aumann
Kierkegaard, Paraphrase, And The Unity Of Form And Content, Antony Aumann
Journal Articles
On one standard view, paraphrasing Kierkegaard requires no special literary talent. It demands no particular flair for the poetic. However, Kierkegaard himself rejects this view. He says we cannot paraphrase in a straightforward fashion some of the ideas he expresses in a literary format. To use the words of Johannes Climacus, these ideas defy direct communication. In this paper, I piece together and defend the justification Kierkegaard offers for this position. I trace its origins to concerns raised by Lessing and Mendelssohn about the relationship between form and content in works of art. I maintain that Kierkegaard follows early German …