The theories of information ethics articulated by Luciano Floridi and his collaborators have clear implications for law. Information law, including the law of privacy and of intellectual property, is especially likely to benefit from a coherent and comprehensive theory of information ethics. This article illustrates how information ethics might apply to legal doctrine, by examining legal questions related to the ownership and control of the personal data representations, including photographs, game avatars, and consumer profiles, that have become ubiquitous with the (...) proliferation of information and communication technologies. Recent controversy over the control of player performance statistics in “fantasy” sports leagues provides a limiting case for the analysis. Such data representations will in many instances constitute the kind of personal data that information ethics asserts constitutes an information entity. Legal doctrine in some instances proves sympathetic to such an assertion, but remains largely inchoate as to which data might constitute a given information entity in a given instance. Neither is information ethics, in its current state of development, entirely helpful in answering this critical question. While information ethics holds some promise to bring coherence to this area of the law, further work articulating a richer theory of information ethics will be necessary before it can do so. (shrink)

At common law, contributory infringement for copyright infringement requires "knowledge" of the infringing activity by a direct infringer before secondary liability can attach. In the USA, the "safe harbor" provisions of the Digital Millennium Copyright Act, that shield Internet Service Providers from secondary copyright liability, are concomitantly available only to ISPs that lack the common law knowledge prerequisites for such liability. But this leads to the question of when a juridical corporate entity can be said to have "knowledge" under the (...) statute. Legal institutions have well-established processes for inferring the knowledge state of natural persons, but corporations are complex sociotechnical networks of human and non-human elements whose information state does not map well onto such inferential methods. This question is of course not unique to copyright liability; corporate entities may be responsible for "knowing" actions under a variety of applicable legal provisions, and the question of corporate knowledge is generally under theorized. But consideration of ISP "knowledge" in this context points the way to consideration of corporate epistemology that must be foundational to determining corporate responsibility in copyright protection. © The Author 2011. (shrink)

Then involvement is essential. You cannot stand aside as a member of a community. The real involvement presupposes first a connection at the level of understanding the phenomenon, an empathic relationship with the studied phenomena and processes, relationship that generate intuitions, leaps in understanding and knowledge, discoveries, revelations. The paper is based on the idea that information technology and communications today generate a global interaction based on a complex computer network, which forms a sphere that covers the planet, assimilated with (...) a global intelligence, to which we can consciously adhere becoming a synapse. a global neural network. (shrink)

Managing ethical behavior is a one of the most pervasive and complex problems facing business organizations today. Employees' decisions to behave ethically or unethically are influenced by a myriad of individual and situational factors. Background, personality, decision history, managerial philosophy, and reinforcement are but a few of the factors which have been identified by researchers as determinants of employees' behavior when faced with ethical dilemmas. The literature related to ethical behavior is reviewed in this article, and a model for understanding (...) ethical behavior in business organizations is proposed. It is concluded that managing ethics in business organizations requires that managers engage in a concentrated effort which involves espousing ethics, behaving ethically, developing screening mechanisms, providing ethical training, creating ethics units and reinforcing ethical behavior. (shrink)

Extending the work of Davidson and Worrell, we further investigate the stock market''s reaction to announced corporate illegalities. We examine a sample of 535 announcements of corporate crime and obtain an overall insignificant stock market reaction. However, when the sample is divided by type of crime, we find that the stock market reacts significantly to announcements of bribery, tax evasion, and violations of government contracts. We also find a significantly negative reaction to announcements of corporate crime when the company had (...) been previously accused of other illegal activity. For companies accused of crime in the 1970s, 51% of them were accused again in the 1980s. (shrink)

Recent advances in genetic engineering nowallow the design of programmable biologicalartifacts. Such programming may include usageconstraints that will alter the balance ofownership and control for biotechnologyproducts. Similar changes have been analyzedin the context of digital content managementsystems, and while this previous work is usefulin analyzing issues related to biologicalprogramming, the latter technology presents new conceptual problems that require morecomprehensive evaluation of the interplaybetween law and technologically embeddedvalues. In particular, the ability to embedcontractual terms in technological artifactsnow requires a re-examination of (...) disclosure andconsent in transactions involving such artifacts. (shrink)

This paper examines the enactment of agency in the Mars Exploration Rover mission. We argue that MER functioned as a distributed cognitive system, made up of highly specialized, though complementary, elements. To explain how a sense of shared agency was attained therein, we augment the distributed account with Tollefsen and Gallagher’s Philosophy of the Social Sciences, 47, 95-110, theory of joint agency. It claims joint actions involve a cascade of shared distal, proximal, and motor intentions, each with its own content (...) and timescale, and that narrative processes are crucial for stabilizing shared intentions. We argue MER possessed these three levels of intention, though they fell on different elements of the distributed cognitive system, and their timescales were longer than mundane cases of joint action. Scientists, collaborating with engineers, enacted shared distal and proximal intentions, while rovers enacted the motor intentions. Moreover, we show that we-narratives, including a commitment to consensus-based operations and an epistemic strategy for discovering the geological history of Mars, constrained the formation of distal and proximal intentions such that they could genuinely be attributed to the group. Nonetheless, our distributed account does not fully capture how rovers shaped the sense of embodiment of team members. Scientists and engineers described themselves as ‘becoming the rover,’ which allowed them to have a sense of presence on Mars. We argue this can be explained by the Material Engagement Theory, which complements the distributed cognition theory. (shrink)

Sperber and Wilson (1987) have criticised Fodor's (1983) pessimistic view about the possibility of a science of central systems. Fodor's pessimism stems from the holistic nature of central systems – people can access anything that they know when engaging in belief fixation. It is argued that Sperber and Wilsons theory of how relevance is realized during verbal comprehension fails to elucidate this crucial aspect of central processes. Their claims about how a context is selected are shown to presuppose the ability (...) to realize relevance. (shrink)

The area of biomedicine is one of the fastest developing areas of science and technology. The perception of its possible and expected positive or negative impacts results in the growing number of bioethical discussions in scientific community, politics and public. Their intensity, focus and used methods differ from country to country. Th e authors of the prologue have tried to map the state of the art and expected development of bioethical discussion in the countries of Middle and Eastern Europe. In (...) the beginning, they addressed the bioethical experts with short questionnaire from 7 “new” European countries and two “old” European countries. In the end, seven experts have responded their questions and expressed their expectations and difficulties of the development of bioethical discussions and institutionalisations in their countries. The authors summarize in the prologue the most interesting results. (shrink)

On the unorthodox ways in which people relate to each other.

This study of major corporations (n=481) provides an empirical assessment of the effects of several corporate governance variables (CEO duality, boards of director composition, officers and directors common stock holdings, institutional common stock holdings, number of majority owners) on the adoption of so-called severance agreements. A discriminant analysis indicates a significant multivariate function. Wilks lambda univariate analyses suggest that the percentage of common stock held by owners and directors and number of majority stock holders are the more robust discriminators.

Abstract Energy typically is discussed in terms of science, technology, economics, and politics. Little attention has been given to fundamental religious and ethical questions surrounding the upcoming transition to renewable energy. The essays in this thematic section seek to redress that deficiency. This introductory essay raises some key questions and summarizes various presentations on energy and religion, as these were held at the 2010 conference of the Institute on Religion in an Age of Science (IRAS). Some presentations described the energy (...) landscape and provided data and perspectives needed for sound policy. Others raised ethical and religious considerations for energy decisions as the transition from nonrenewable to renewable sources is faced. Some posed the challenges of the energy transition to religion itself. Yet others offered examples of sustainable energy use and/or promising sources for meeting future needs sustainably. At the conclusion of the conference, presenters crafted a common “Statement on Energy and Climate Change” that includes a “Call to Action.” The “Energy Statement” follows as an appendix. (shrink)

This study of 481 corporations provides an assessment of the relationship between several corporate governance variables (board composition, type of board leadership, officer and director stock holdings, institutional stock holdings, number of majority owners, existence of severance agreements) and adoption of anti-takeover amendments. The results of analysis suggest that the two groups (adopters/non-adopters) differ significantly in regards to these variables.

Analyzing the rate at which languages change can clarify whether similarities across languages are solely the result of cognitive biases or might be partially due to descent from a common ancestor. To demonstrate this approach, we use a simple model of language evolution to mathematically determine how long it should take for the distribution over languages to lose the influence of a common ancestor and converge to a form that is determined by constraints on language learning. We show that modeling (...) language learning as Bayesian inference of n binary parameters or the ordering of n constraints results in convergence in a number of generations that is on the order of n log n. We relax some of the simplifying assumptions of this model to explore how different assumptions about language evolution affect predictions about the time to convergence; in general, convergence time increases as the model becomes more realistic. This allows us to characterize the assumptions about language learning (given the models that we consider) that are sufficient for convergence to have taken place on a timescale that is consistent with the origin of human languages. These results clearly identify the consequences of a set of simple models of language evolution and show how analysis of convergence rates provides a tool that can be used to explore questions about the relationship between accounts of language learning and the origins of similarities across languages. (shrink)

Certain types of corporate charter antitakeover amendments, or shark repellents, may not serve the interests of the stockholders or the stakeholders of the firm. This paper extends the examination of the use of shark repellents by taking an ethical perspective to synthesize prior research on shark repellents and their relationship to stockholder and stakeholder welfare. Some shark repellents seem to benefit certain interest groups at the expense of other groups.

Chiappe and Kukla argue that relevance theory fails to solve the frame problem as defined by Fodor. They are right. They are wrong, however, to take Fodor’s frame problem too seriously. Fodor’s concerns, on the other hand, even though they are wrongly framed, are worth addressing. We argue that Relevance thoery helps address them.

We are drowning in information, while starving for wisdom.Are the smartest people also the wisest? Not necessarily. While traditional intellectual reasoning and procedural knowledge have helped build the communities we live in, there is a growing scientific understanding that we need emotionally balanced and better-fitting prosocial frameworks for coping with the uncertainties and complexities of life and addressing new challenges of the modern world. We are now poised on the edge of a new science of wisdom.The concept of wisdom, long (...) considered the “pinnacle of insight into the human condition”, has been that of an intangible, subjective, culturally specific entity—an unscientific... (shrink)

1 Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2 During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for (...) generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3 The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4 The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5 Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible. (shrink)

In _Buddhists, Brahmins, and Belief_, Dan Arnold examines how the Brahmanical tradition of Purva Mimamsa and the writings of the seventh-century Buddhist Madhyamika philosopher Candrakirti challenged dominant Indian Buddhist views of epistemology. Arnold retrieves these two very different but equally important voices of philosophical dissent, showing them to have developed highly sophisticated and cogent critiques of influential Buddhist epistemologists such as Dignaga and Dharmakirti. His analysis--developed in conversation with modern Western philosophers like William Alston and J. L. Austin--offers an innovative (...) reinterpretation of the Indian philosophical tradition, while suggesting that pre-modern Indian thinkers have much to contribute to contemporary philosophical debates. In logically distinct ways, Purva Mimamsa and Candrakirti's Madhyamaka opposed the influential Buddhist school of thought that emphasized the foundational character of perception. Arnold argues that Mimamsaka arguments concerning the "intrinsic validity" of the earliest Vedic scriptures are best understood as a critique of the tradition of Buddhist philosophy stemming from Dignaga. Though often dismissed as antithetical to "real philosophy," Mimamsaka thought has affinities with the reformed epistemology that has recently influenced contemporary philosophy of religion. Candrakirti's arguments, in contrast, amount to a principled refusal of epistemology. Arnold contends that Candrakirti marshals against Buddhist foundationalism an approach that resembles twentieth-century ordinary language philosophy--and does so by employing what are finally best understood as transcendental arguments. The conclusion that Candrakirti's arguments thus support a metaphysical claim represents a bold new understanding of Madhyamaka. (shrink)

Orhan Güneş. Eski ile Yeniye Bakmak: Bir Âlimin Gözünden Modern Astronomi. Hayâtîzâde’nin Efkâru’l-Ceberût Adlı Eseri.

In this essay I argue that in some sense legal philosophy, at least as the term is now understood among analytic jurisprudents in the Anglophone world, is to a large extent a creation of H. L. A. Hart’s work. It is with him that the search for the concept or the nature of law was one established as an independent object of inquiry, that consciously tried to avoid moral or political questions. In framing the province of jurisprudence in this way (...) Hart not only departed from the work of Thomas Hobbes and Jeremy Bentham, whose political commitments are clear, but also from the seemingly much closer enterprise of John Austin. After demonstrating this difference between Austin’s enterprise and Hart’s, I criticize the direction legal philosophy has taken following Hart’s lead.Resumen:En este ensayo se plantea la idea de que en cierto modo la filosofía del derecho —al menos en la forma en que es entendida entre los filósofos analíticos del mundo angloparlante— es en gran medida una invención de H. L. A. Hart. Con la obra de Hart, en efecto, la búsqueda del concepto o naturaleza del derecho, se ha consolidado como un objeto de investigación independiente, que conscientemente pretende deslindarse de las cuestiones políticas o morales. Al definir el campo de estudio de la filosofía del derecho en este sentido, Hart no sólo se aparta del trabajo de Thomas Hobbes y de Jeremy Bentham, cuyos compromisos políticos son evidentes, sino también del proyecto aparentemente más cercano de John Austin. Después de señalar la diferencia entre los proyectos de Austin y de Hart, el autor pone en cuestión la dirección que ha tomado la filosofía del derecho al ser encabezada por Hart. (shrink)

Ce livre propose une interprétation inédite de la biologie d'Aristote. Il montre que, dans la démarche aristotélicienne, à côté de la pensée discursive, oeuvre une pensée visuelle qui élabore une représentation de l'organisation spatiale du corps vivant, apportant ainsi une contribution décisive à la définition des deux tâches majeures de l'enquête scientifique aristotélicienne: l'explication causale et la détermination des genres.

Dans le premier essai, Siegfried L. Mathelet interprète la pointe d’islamophobie qui s’est manifestée pendant le débat sur la « Charte des valeurs » dans le cadre,posé par Fanon, des mésaventures de la conscience nationale postcoloniale. L’auteur revient sur cette discussion issue des études postcoloniales et explore les stéréotypes nativistes et islamophobes à partir des notions de « dissémiNation » et d’« ambivalence » avancées par Homi Bhabha. Il avance ainsi que cette pointe d’islamophobie accompagne une politique identitaire qui trahit (...) le confinement du nationalisme québécois dans un état de résistance passive à l’horizon de l’impérialisme mondial et de l’État postcolonial du Canada. Dans le second essai, Philippe Bernier Arcand revient sur la montée récente du populisme dans la société québécoise. Il esquisse l’émergence d’un nouveau type de discours populiste. Celui-ci tisse un consensus politique en évoquant d’éventuels « ennemis » présents à l’intérieur des frontières et qui menaceraient d’infiltrer les institutions politiques. L’auteur montre comment se scelle au Québec aussi une alliance contre nature rassemblant des conservateurs et des progressistes autour de l’image fantasmée du musulman. (shrink)