This paper takes the position that interpretations of legal discourse are invariably taken in the context of socio-pragmatic realities to which a particular instance of discourse applies. What makes this process even more complicated is the fact that social realities themselves are often negotiated within the mould of one’s subjective conceptualisations of reality. Institutions and organisations, including people in power, often represent socio-political realities from an ideologically fuelled perspective, engendering many ‘illusory’ categories often a result of contested versions of reality. (...) To substantiate this view, we discuss interpretations of a number of interesting contemporary and controversial laws, including America’s Patriot Act and Hong Kong’s proposed Article 23 of the Basic Law. Both laws can be seen as illustrative of the definitional conflict that abstract concepts such as democracy and human rights are subjected to in their own specific socio-political contexts. While America crowns itself with democracy and Hong Kong struggles to achieve it in effective synthesis with its unique political arrangement, the laws produced by both contrasting political systems are unexpectedly similar, aiming for the moderation of basic rights. The actions of both governments set against their beliefs and discourses, and furthermore set against one another and other media voices, particularly those of non-governmental organisations, political activists, and other socio-political groups, demonstrate contestation of realities, giving rise to ‘discursive illusions’, which seem to be interpreted not so much on the basis of their linguistic construction but more on the basis of socio-pragmatic factors, such as trust, belief, transparency, control and power. (shrink)

Convolutional neural networks (CNNs) are increasingly widely used in psychology and neuroscience to predict how human minds and brains respond to visual images. Typically, CNNs represent these images using thousands of features that are learned through extensive training on image datasets. This raises a question: How many of these features are really needed to model human behavior? Here, we attempt to estimate the number of dimensions in CNN representations that are required to capture human psychological representations in two ways: (1) (...) directly, using human similarity judgments and (2) indirectly, in the context of categorization. In both cases, we find that low-dimensional projections of CNN representations are sufficient to predict human behavior. We show that these low-dimensional representations can be easily interpreted, providing further insight into how people represent visual information. A series of control studies indicate that these findings are not due to the size of the dataset we used and may be due to a high level of redundancy in the features appearing in CNN representations. (shrink)

The classical theory of rational choice is built on several important internal consistency conditions. In recent years, the reasonableness of those internal consistency conditions has been questioned and criticized, and several responses to accommodate such criticisms have been proposed in the literature. This paper develops a general framework to accommodate the issues raised by the criticisms of classical rational choice theory, and examines the broad impact of these criticisms from both normative and positive points of view.

Absent mistake or misrepresentation, most scholars assume that parties who agree to contract do so voluntarily. Scholars tend further to regard that choice as an important exercise in moral agency. Hanoch Dagan and Michael Heller are right to question the quality of our choices. Where the fundamental contours of the transaction are legally determined, parties have little opportunity to exercise autonomous choice over the terms on which they deal with others. To the extent that our choices in contract do not (...) reflect our individual moral constitutions — our values, virtues, vices, the set of reasons we reject and the set of reasons we endorse — we are not justified in regulating contracts reluctantly. Contracts are entitled to the privilege of liberal regulatory deference only to the extent that they are the work product of individual autonomy. The assumption that contract is voluntary does enormous work in most normative theories of contract. This Article takes still more seriously the obstacles to autonomous choice that contracting parties face. The most important constraints are not in contract law itself but in the material and moral imperatives that dictate parties’ contracting preferences. Many contracts are driven by circumstantial considerations or actual background obligations. While these contracts are not wholly lacking in the element of voluntariness, we should distinguish them from those choices — and those contracts — which more fully realize our potential to self-consciously author our relations with others. Autonomous choice in contract requires more than Dagan and Heller imply, and it is likely beyond the power of contract law standing alone to deliver it. (shrink)

Arguments for the expansion of formal schooling have long focused on individual outcomes from schooling, including increasing income, reducing poverty, delaying marriage, and improving health, particularly for girls and women. For nearly three decades now, global education agendas have supported girls’ education in an effort to achieve these outcomes. A large body of research analyzes girls’ individual empowerment from schooling, but less attention is given to how schooling is creating change in families and communities, particularly for lowered-caste girls in India. (...) This article places longitudinal data from a three-year qualitative interview study of schoolgirls in Rajasthan alongside qualitative life-history interviews of girls who completed secondary school in Uttarakhand to understand how schooling affects social changes for lower castes. The analysis, using an intersectional and relational approach, illustrates how girls’ schooling shifts kin and caste relations connected to marriage and work but in ways that do not transform the stickiness of caste and gender norms. We argue that educational policies and programs must attend to the ways in which caste is implicated in achieving outcomes of delayed marriage and formal employment for lowered-caste girls in Indian communities if schooling is to create positive social change. (shrink)

This paper considers the question of virtues appropriate to a corporate actor's moral character. A model of corporate appetites is developed by analogy with animal appetities; and the pursuit of initially virtuous corporate tendencies to an extreme degree is shown to be morally perilous. The author thus refutes a previous argument which suggested that (1) corporate virtues, unlike human virtues, need not be located on an Aristotelian mean between opposite undesirable extremes because (2) corporations do not have appetites; and (3) (...) corporate virtues must serve the end of sustainable profit. If these disanalogies between corporate and human virtue no longer hold, then the stage is set for us to formulate a more adequate model of good corporate character that would encompass other-regarding virtues. (shrink)

The premise of contract law is that the redistribution of entitlements that results from contract is justified by the process of agreement. But theories of contract differ importantly on how and when voluntary exchange justifies a resorting of entitlements. Pure theories regard the principles of contract as essentially derivative from some aspect of the principle of autonomy; contracting parties’ intent to assume legal obligation is in principle necessary and sufficient for its enforcement. Perfect theories do not view contract as self-justifying (...) but regard the process of agreement as reliable evidence that contracts are welfare-improving. This article demonstrates the limitations of pure and perfect views. It favours instead imperfect theories of contract, which would have judges self-consciously pursue the normative ends of contract law as they apply context-sensitive rules. (shrink)

There is something missing in existing discussions of domination. While republican theory, antisubordination theory, and critical legal theory each have contributed significantly to our understanding of domination, their focus on structural relationships and group subordination can leave out of focus the individual wrongs that make up domination, each of which is an unjustified exercise of power by one person over another. Private law (supported by private law theory) plays an important role in filling out our pictures of domination and the (...) role of the state in limiting it. Private law allows us to recognize domination in wrongs by one person against another, and it has the potential to articulate the state-enforced boundaries on domination as well as a framework for thinking through inevitable compromises between the aspiration to nondomination and other basic interests of a liberal state. We can understand employment law as continuous with private law, that is, attempting to vindicate a nondomination principle in the context of employment by regulating specific acts of employers. Alternatively, we might understand employment relationships to define group membership, commonly recognized along class lines. In that case, employment law is not about individual nondomination but about mitigating class subordination. It might do this in service of the antisubordination principle, or in order to ensure that employees are capable and ready to exercise the responsibilities of democratic citizenship. While these various purposes largely coincide, there are points of normative divergence which sometimes require that we prioritize one or other function of employment law over the others. (shrink)

Extending a nascent line of Asian philosophical research in music education, we mine Indian philosophies of music and education. Three key questions guide our project: What are Vedic philosophies of music? What are Vedic philosophies of education? Taken together, what insights can we draw for contemporary music education writ large? To address our questions, we analyze key passages from the Upanishads and synthesize ideas from these texts. A quartet of inter-related ideas emerge from our analysis: the guru, the shishya, vidya, (...) and moksha. In brief, the guru (teacher) is revered as one would god, for it is the teacher who leads the shishya (student) toward vidya (knowledge) and through that toward moksha (liberation of the soul), which can also be attained via making music, such as the singing of Om (the absolute sound). In addition to proffering insights for contemporary music education, particularly in terms of how the ancient Vedic guru-shishya parampara adds nuance to contemporary discussions on the master-apprentice model of music education, we imagine how music education philosophy might look like if it were to be sung. (shrink)

This article suggests that criminality in leaders might best be understood by ethicists as a matter of degree. Leaders may take without legitimate claim a variety of tangible or intangible goods including ideas and personal health. The extent to which any such act should be disfavoured is subject to debate. Moreover, both theft and control may be understood as continuous phenomena. Kleptocratic regimes within workplace or family may foster in people a habit of accepting similar treatment from economic and political (...) leaders at all levels. Forms of governance may be arranged on a continuum from those that serve to those that exploit their subjects. Responses to kleptocratic regimes range from acceptance through unconscious and conscious resistance to violent revolt. (shrink)

1. Over the last 50 years or so, and especially over the last few decades, the U.S. and many other societies have undergone a large, rapid, and broad decline in anti-gay attitudes. The magnitude, s...

Retribution? Restitution? Reconciliation? “Justice” comes in many forms as witnessed by the spike in war crimes tribunals, Truth & Reconciliation Commissions, hybrid tribunals and genocide trials. Which, if any form is appropriate should be influenced by the culture of the people affected. It took Cambodia over three decades to finally address the ghosts of its Khmer Rouge past with the creation of a hybrid Khmer Rouge Tribunal. But how meaningful is justice to the majority of survivors of the Khmer Rouge (...) auto-genocide when only a handful of top officials are tried? Further, given the persistent abuse of political and economic rights in post-conflict Cambodia, we are skeptical that justice or reconciliation is presently possible. (shrink)

The months preceding and following the inauguration of Donald Trump as the 45th President of the United States have incited furious debate about the authenticity of media discourse in the shaping of reality, including in particular the reporting of refugees from predominantly Muslim regions and their resettlement in Western nations. Much of this debate is rooted in how opposing discourse clans, such as liberal and conservative ideologies, construct a narrative of nationhood around contested views of refugees. Examining mainstream and alternative (...) media from a critical discourse analytic perspective, the article uncovers how two key narratives about the Syrian refugee crisis emerge when the media attempt to orient their respective audiences to government policy through the discursive formation of the American Dream. Drawing on aspects of historicity, linguistic and semiotic action, and social impact, the analysis of the data reveals a discursive fracas between a humanistic perspective on the crisis that exploits a banal understanding of the American Dream and a more dichotomous narrative that homogenises refugees as a threat to the American way of life. These observations add to the growing body of literature that questions the ways in which the media discursively shapes, and is shaped by, political ideologies. (shrink)

The rise of modern natural sciences was based on the belief that knowledge about nature would increase steadily and that sooner or later it would prove useful for people and society. How these expectations shaped the self-image and the development of the natural sciences is the subject of this book. It turns out that expectations have repeatedly changed: from the universal ideal of utility of the 17th and 18th centuries to the promise of technical progress that is decisive today. The (...) unshakable belief in the usefulness of the natural sciences has always been accompanied by the insight that progress in knowledge can only be guaranteed if research is not based solely on short-term needs. In her story of the modern understanding of science, Désirée Schauz draws a bow from early modern natural research to the natural sciences of the 20th century. With its long-term perspective and its conceptual historical instruments, this book not only makes an important contribution to the modern history of science, but also provides a historically sound basis for current debates on science and innovation policy."-- publisher's website. (shrink)

Este ensaio celebra as cinco décadas da publicação do livro A ordem do discurso de Michel Foucault, realizando uma reflexão acerca de sua repercussão entre as ciências sociais e sobre seus usos, principalmente, no campo da linguagem na parte relacionada à análise do discurso de linha francesa. Portanto, trata-se de uma retrospectiva crítica cuja análise começa com a entrevista que Foucault concedeu algumas semanas antes de proferir esta aula aos brasileiros Sergio Paulo Rouanet e José Guilherme Merquior. Em seguida, o (...) presente trabalho faz uma breve história da entrada de Foucault ao Collège de France e, por fim, lida com a microfísica do discurso que se encontra nesta aula, sobretudo, da rarefação do sujeito, além dos seus usos nas ciências humanas e sociais mais o campo da linguagem em torno da pragmática e das análises de discurso. (shrink)

Organizations such as the EU High-Level Expert Group on AI and the IEEE have recently formulated ethical principles and (moral) values that should be adhered to in the design and deployment of artificial intelligence (AI). These include respect for autonomy, non-maleficence, fairness, transparency, explainability, and accountability. But how can we ensure and verify that an AI system actually respects these values? To help answer this question, I propose an account for determining when an AI system can be said to embody (...) certain values. This account understands embodied values as the result of design activities intended to embed those values in such systems. AI systems are here understood as a special kind of sociotechnical system that, like traditional sociotechnical systems, are composed of technical artifacts, human agents, and institutions but—in addition—contain artificial agents and certain technical norms that regulate interactions between artificial agents and other elements of the system. The specific challenges and opportunities of embedding values in AI systems are discussed, and some lessons for better embedding values in AI systems are drawn. (shrink)

A pesar de que son numerosas las interpretaciones que, a veces con inusitada violencia, se han hecho de la filosofía de Friedrich Nietzsche, no se ha prestado siempre la debida atención a uno de los aspectos más importantes de su obra y sin el cual ésta perdería toda la tensión creativa que le es propia: la reflexión radical sobre el arte. Nietzsche se funda en la convicción de que el «arte y nada más que el arte» no sólo es un (...) «estímulo para la vida», sino también aquello que puede enseñar a vivirla y a que sea posible y soportable. El arte sería así la «actividad metafísica fundamental» del hombre, el epítome de todas sus facultades creativas, desplegadas frente a la «negación de vivir» y a las instancias que merman el sentido de la vida, expresadas en el cristianismo, el budismo y, en definitiva, el nihilismo. El presente ensayo, fruto de años de trabajo e investigación, trata de articular estas ideas para ofrecer una nueva lectura del pensamiento nietzscheano, y es la primera obra en castellano que aborda la cuestión del arte en Nietzsche en todas sus dimensiones y en todas las etapas de su producción filosófica. (shrink)

In light of the coronavirus pandemic, an international study (N = 1066) was conducted to explore the new bioterrorism conspiracy, faith in government, and compliance with public health guidelines related to COVID-19. Hierarchical regressions showed that while general belief in conspiracies decreased faith in government during COVID-19, it increased belief in bioterrorism regarding the coronavirus. Critical thinking was associated with decreased endorsement of biowarfare conspiracy. Higher levels of belief in bioterrorism, faith in government, and perceived risk positively facilitated compliance behavior (...) in public internationally. Interestingly, while people reported ‘worrying about others’ as their motivation to follow guidelines, ‘worrying about self’ was most strongly associated with compliance. The implications of these findings are discussed in the light of enhancing compliance with public health guidelines and effective ways of conveying them to an increasingly polarized society. (shrink)

In the present study, we examine the interactive effect of vowels on Mandarin fricative sibilants using a passive oddball paradigm to determine whether the HEIGHT features of vowels can spread on the surface and influence preceding consonants with unspecified features. The stimuli are two pairs of Mandarin words contrasting in vowel HEIGHT. Each word in the same pair was presented both as standard and deviant, resulting in four conditions. In line with the Featurally Underspecified Lexicon model, asymmetric patterns of processing (...) were found in the [su] ∼ [ʂu] word pair where both the MMN and LDN components were more negative in /su/[ʂu] than in /ʂu/[su], suggesting the spreading of the feature [HIGH] from the vowel [u] to [ʂ] on the surface. In the [sa] ∼ [ʂa] pair, however, symmetric negativities were observed as there is no conflict between the surface feature [LOW] from [a] to [ʂ] and the underlying specified feature [LOW] of [s]. These results confirm that not all features are fully specified in the mental lexicon: features of vowels can spread on the surface and influence surrounding unspecified segments. (shrink)

The secure release of identity attributes is a key enabler for electronic business interactions. Users should have the maximum control possible over the release of their identity attributes and should state under which conditions these attributes can be disclosed. Moreover, users should disclose only the identity attributes that are actually required for the transactions at hand. In this paper we present an approach for the controlled release of identity attributes that addresses such requirements. The approach is based on the integration (...) of trust negotiation and minimal credential disclosure techniques. Trust negotiation supports selective and incremental disclosure of identity attributes, while minimal credential disclosure guarantees that only the attributes necessary to complete the on-line interactions are disclosed. (shrink)

Apresentação / Pablo Lorenzano Introdução / Os editores Princípios em cosmologia / Antonio Augusto Passos Videira Aleatoriedad vs. arbitrariedad en la mecánica estadística clásica / Eduardo H. Flichman La teoría galileana de la materia: resolutio e infinitos indivisibles / Fernando Tula Molina Ciencia y música en la obra de Vincenzo Galilei (ca. 1520-1591) / Guillermo Boido & Eduardo Kastika T-invariancia, irreversibilidad, flecha del tiempo: similares pero diferentes / Olimpia Lombardi Mapa das interpretações da teoria quântica / Osvaldo Pessoa Jr. Aspectos (...) epistemológicos y geométricos de la teoría del campo unificado de Schrödinger / Victor Rodríguez & Pedro W. Lamberti. (shrink)

Este trabalho trata do conceito Exu Diaspórico, o qual foi forjado para lidar com as pesquisas empíricas situadas dentro do quadro teórico da vaga decolonial. Sua concepção está ligada às tradições iorubanas diaspóricas nessa parte do Atlântico Sul onde emergiram outros sistemas resultantes, quer seja de fragmentos e vestígios de narrativas em gestos de memória e resistência, quer seja da tradução realizada pelo outro, muitas vezes, por meio de um processo de carnavalização cultural, que, por sua vez, se deu pela (...) convivência com os bantu, com os povos autóctones e com o colonizador europeu. Este conceito se articula com o conceito de língua-linguagem como encruzilhada apresentado por Araújo (2021a), mas pode ser tomado, ainda, de forma independente. Portanto, trata-se de uma discussão conceitual que visa contribuir com as reflexões e pesquisas decoloniais. O conceito também está a cargo de noções como negritude e Baianidade. Contudo, ele aparece para reunir todas as representações de Exu que resultaram da diáspora negra em meio a um processo de carnavalização das tradições iorubanas em contato com outras culturas e cosmologias. (shrink)

The aim of this study was to explore how Belgian nurses view issues related to the development, dissemination and implementation of a code of ethics for nurses. Fifty nurses took part in eight focus groups. The participants stated that, on the whole, a code of ethics for nurses would be useful. They stressed that a code should be a practical and useful instrument developed by nurses for nurses, and that it should be formulated and presented in a practical way, just (...) as educational courses dealing specifically with codes of ethics require a practical approach to be effective. They emphasized that the development of a code should be an ongoing process, enabling nurses to provide input as they reflect on the ethical issues dealt with in the code and apply the code in their practice. Finally, they stressed the need for support at institutional level for the effective implementation of a code. (shrink)

How are we to appraise new technological developments that may bring revolutionary social changes? Currently this is often done by trying to predict or anticipate social consequences and to use these as a basis for moral and regulatory appraisal. Such an approach can, however, not deal with the uncertainties and unknowns that are inherent in social changes induced by technological development. An alternative approach is proposed that conceives of the introduction of new technologies into society as a social experiment. An (...) ethical framework for the acceptability of such experiments is developed based on the bioethical principles for experiments with human subjects: non-maleficence, beneficence, respect for autonomy, and justice. This provides a handle for the moral and regulatory assessment of new technologies and their impact on society. (shrink)

This paper examines why fundamental freedoms are so unevenly distributed across the earth. Climato-economic theorizing proposes that humans adapt needs, stresses, and choices of goals, means, and outcomes to the livability of their habitat. The evolutionary process at work is one of collectively meeting climatic demands of cold winters or hot summers by using monetary resources. Freedom is expected to be lowest in poor populations threatened by demanding thermal climates, intermediate in populations comforted by undemanding temperate climates irrespective of income (...) per head, and highest in rich populations challenged by demanding thermal climates. This core hypothesis is supported with new survey data across 85 countries and 15 Chinese provinces and with a reinterpretative review of results of prior studies comprising 174 countries and the 50 states in the United States. Empirical support covers freedom from want, freedom from fear, freedom of expression and participation, freedom from discrimination, and freedom to develop and realize one's human potential. Applying the theory to projections of temperature and income for 104 countries by 2112 forecasts that (a) poor populations in Asia, perhaps except Afghans and Pakistanis, will move up the international ladder of freedom, (b) poor populations in Africa will lose, rather than gain, relative levels of freedom unless climate protection and poverty reduction prevent this from happening, and (c) several rich populations will be challenged to defend current levels of freedom against worsening climato-economic livability. (shrink)

We discuss the role of the notion of information in the description of physical reality. We consider theories for which dynamics is linear with respect to stochastic mixing. We point out that the no-cloning and no-deleting principles emerge in any such theory, if law of conservation of information is valid, and two copies contain more information than one copy. We then describe the quantum case from this point of view.

The logical structure of Quantum Mechanics (QM) and its relation to other fundamental principles of Nature has been for decades a subject of intensive research. In particular, the question whether the dynamical axiom of QM can be derived from other principles has been often considered. In this contribution, we show that unitary evolutions arise as a consequences of demanding preservation of entropy in the evolution of a single pure quantum system, and preservation of entanglement in the evolution of composite quantum (...) systems. 6. (shrink)

La contribution de Michel Troper à la théorie générale du droit et à la théorie constitutionnelle est aujourd'hui reconnue et célébrée un peu partout dans le monde. Un talent d'architecte se tient à l'origine de cette audience rarement égalée dans la sphère francophone : celui qu'il faut pour accommoder toutes les exigences, quel que soit l'ordre de valeur dans lequel on les trouve : originalité, rigueur, souci de la fonction, esthétisme, solidité, adaptation, intelligence, inquiétude, esprit critique, renoncement, réalisme... A ces (...) mérites, on ajoutera une curiosité insatiable, un goût prononcé pour l'échange et le débat, un refus distingué de l'académisme, un sens exigeant de l'amitié et une méfiance profônde pour les adjectifs... C'est cet édifice de qualités que les élèves, collègues et amis de Michel Troper sont heureux de célébrer en lui offrant ces Mélanges. (shrink)