BackgroundHealth decisions occur in a context with omnipresent social influences. Information concerning what other patients decide may present certain interventions as more desirable than others.ObjectivesTo explore how physicians refer to what other people decide in conversations about the relevancy of cardio-pulmonary resuscitation or do-not-attempt-resuscitation orders.MethodsWe recorded forty-three physician–patient admission interviews taking place in a hospital in French-speaking Switzerland, during which CPR is discussed. Data was analysed with conversation analysis.ResultsReference to what other people decide in regards to CPR is used five (...) times, through reported speech. The reference is generic, and employed as a resource to deal with trouble encountered with the patient’s preference, either because it is absent or potentially incompatible with the medical recommendation. In our data, it is a way for physicians to present decisional paths and to steer towards the relevancy of DNAR orders. By calling out to a sense of membership, it builds towards the patient embracing norms that are associated with a desirable or relevant social group.ConclusionsIntroducing DNAR decisions in terms of what other people opt for is a way for physicians to bring up the eventuality of allowing natural death in a less overt way. Formulating treatment choices in terms of what other people do has implications in terms of supporting autonomous and informed decision making, since it nudges patients towards conformity with what is presented as the most preferable choice on the basis of social norms. (shrink)

This book offers a new approach to the analysis of the multiple meanings of English modals, conjunctions, conditionals, and perception verbs. Although such ambiguities cannot easily be accounted for by feature-analyses of word meaning, Eve Sweetser's argument shows that they can be analyzed both readily and systematically. Meaning relationships in general cannot be understood independently of human cognitive structure, including the metaphorical and cultural aspects of that structure. Sweetser shows that both lexical polysemy and pragmatic ambiguity are shaped by our (...) metaphorical folk understanding of epistemic processes and of speech interaction. Similar regularities can be shown to structure the contrast among root, epistemic and speech act uses of modal verbs, multiple uses of conjunctions and conditionals, and certain processes of historical change observed in Indo-European languages. Since polysemy is typically the intermediate step in semantic change, the same regularities observable in polysemy can be extended to an analysis of semantic change. (shrink)

Abstract“Science Is Politics By Other Means” (SIPBOM) was coined in The Pasteurization of France, Latour’s 1984 empirical study of the birth of microbiology. Yet, it encapsulates an outstanding political theory of science that Latour has never formalized and that has remained unnoticed to this day. The theory is comprised of two dimensions. The first one is the ontological labor performed by science, that is, the laboratory production of new nonhumans. The second one is the ability of science to devise and (...) implement novel policies targeted at the new beings it produces. These “other means” are incorporated in political projects and contribute to the shaping of society. Fifteen years later, Latour published Politics of Nature ([1999] 2004), a full-blown political treatise equally devoted to the political character of science. It would be mistaken, however, to assume that it falls in the same SIPBOM paradigm as the Pasteur study. The compositionist theory it offers redefines politics as the institution of the nonhumans that make up external reality, a task that has traditionally been monopolized by Science. In this sense, “science is politics by other means” has become “politics is science by other means,” these “other means” now referring to “cosmopolitics,” that is, the due process advocated by compositionism. The first claim of the present paper is that the respective weight ascribed to politics and ontology is different in The Pasteurization of France and in Politics of Nature. The second claim is that compositionism is not as successful as Latour’s early theory to account for the politicity of science. (shrink)

This essay focuses on conceptual engineers who aim to improve other people's patterns of inference and attention by shaping their concepts. Such conceptual engineers sometimes engage in a form of epistemic paternalism that I call paternalistic cognitive engineering: instead of explicitly persuading, informing and educating others, the engineers non-consultatively rely on assumptions about the target agents’ cognitive systems to improve their belief forming. The target agents could reasonably regard such benevolent exercises of control as violating their sovereignty over their own (...) belief formation. This is a pro tanto reason against such engineering. In addition to the relevant projects of conceptual engineering, paternalistic cognitive engineering plausibly includes certain kinds of nudging and evidence suppression. I distinguish the sovereignty-based concern from other ethical worries about conceptual engineering and discuss how one might justify the relevant conceptual engineering projects despite the sovereignty-based reason against them. (shrink)

Forgiveness usually gets a very good press in our culture: we are deluged with self-help books and television shows all delivering the same message, that forgiveness is good for everyone, and is always the right thing to do. But those who have suffered seriously at the hands of others often and rightly feel that this boosterism about forgiveness is glib and facile. Perhaps forgiveness is not always desirable, especially where the wrongdoing is terrible or the wrongdoer unrepentant. In this book, (...) Garrard and McNaughton suggest that the whole debate suffers from a crippling lack of clarity about what forgiveness really amounts to. They argue that it is more difficult, complex and troubling than many of its advocates suppose. Nevertheless, they conclude, a proper understanding of forgiveness allows us to avoid cheap and shallow forms of it, and enables us to see why it is right and admirable to forgive even unrepentant wrongdoers. (shrink)

In this paper, the principal objections to unconditional forgiveness are canvassed, primarily that it fails to take wrongdoing seriously enough, and that it displays a lack of self-respect. It is argued that these objections stem from a mistaken understanding of what forgiveness actually involves, including the erroneous view that forgiveness involves some degree of condoning of the offence, and is incompatible with blaming the offender or punishing him. Two positive reasons for endorsing unconditional forgiveness are considered: respect for persons and (...) human solidarity; and it is argued that the latter provides more plausible grounds for it than the former. (shrink)

"These essays advance a reinterpretation of pivotal categories such as self-knowing, moral agency, and altruism.

In lieu of an abstract, here is a brief excerpt of the content:Eve W. Stoddard REASON ON TRIAL: LEGAL METAPHORS IN THE CRITIQUE OF PURE REASON 6 6 r I 1WO things fill the mind with ever new and increasing admi_I_ ration and awe, the oftener and more steadily we reflect on them: the starry heavens above me and the moral law within me." ' These are perhaps Kant's most well-known and oft-repeated words. They reflect not only the profound feeling (...) that underlies his technical and abstruse treatises, but also his characteristic preoccupation with law. The "starry heavens" are a synecdoche both for the wonder of nature as we perceive it in all its multiplicity, and for the marvel of science's ability to reduce, order, and subdue that infinite multiplicity into a few elegant laws. These two types of law, natural and moral, define the focus of Kant's critical philosophy, and metaphors drawn from jurisprudence pervade all three critiques. In the context of controversial statements on the role of metaphor in philosophical texts by Jacques Derrida, Paul Ricoeur, and Richard Rorty, I will analyze the legal metaphors in the prefaces and Transcendental Deductions of the Critique ofPure Reason. My goal in engaging Kant's texts in this controversy over metaphor is twofold: on the one hand to assess experimentally the value of these positions on metaphor in the history of philosophy, and, on the other hand, to examine the relations between critical conceptualization and insurgent metaphoricity in Kant's carefully elaborated and systematized text. In a textwhose key words are "universal and necessary for all possible experience," contingentand ambiguous metaphors might be expected to cause problematic unravelings. Richard Rorty has argued recently that "the history ofscience, culture and politics" should be viewed "as a history of metaphor rather than of discovery." 2 He compares the creations of new vocabularies to the 245 246Philosophy and Literature invention of "new tools" ("CL," p. 5), alluding to "Nietzsche's definition of truth as a mobile army of metaphors" (p. 6). From Plato's figures of the world as cave and the mind as charioteer with unruly horses, we shift to Locke's view of mind as tahda rasa and Descartes's description of the world as a machine. Rorty's paradigm of cultural history as a history of metaphor enters into an earlier, unresolved debate between Jacques Derrida and Paul Ricoeur over the relationship between metaphor and philosophical discourse. Like Derrida, Rorty follows Nietzsche's claims about metaphor in the history of philosophy, a view Ricoeur wants to disprove so that he can recover the privileged univocity of speculative discourse. However Rorty has nothing in common with die complexity and "invaginated" ambiguities, the dazzling multivocity of Derrida's writing on the economics of metaphor. Although Rorty appears at first to agree with Derrida that there is no truth or reality apart from the linguistic tropes which dominate different epochs and cultures, he retains a metaphysical distinction between literal reference and figurative play. Rorty adopts Donald Davidson's theory that metaphors do not have "meaning" precisely because diey have no place in the language game into which they are inserted. They produce an effect, but it is not meaning: "One can only savour it or spit it out"; it is not a " 'truth-value candidate' " ("CL," p. 6). However, through repeated use, the metaphor will find a role in the language game; dying as a metaphor, it will live as a literal statement. Therefore Rorty agrees with Ricoeur that a moribund metaphor is no longer a metaphor, but a literally functioning segment of discourse. Thus despite his initial move toward a Derridean, or atleast Nietzschean, position, Rorty ultimately takes a stand consonant with Ricoeur's desire to rescue speculative discourse from the unruliness of metaphor. Considering Rorty's celebration of Freud in an article on "The Contingency of Selfhood," 3 his failure to consider the role of unconscious associations and overdetermination in the writing and reading of texts is surprising. Dead or alive, a metaphor brings with it a host ofpersonal and public, conscious and unconscious, new and traditional associations that become juxtaposed against a similar number of associations connected with the signifying chain into which the metaphor has been inserted. In... (shrink)

We readily claim that great moral catastrophes such as the Holocaust involve evil in some way, although it' not clear what this amounts to in a secular context. This paper seeks to provide a secular account of what evil is. It examines what is intuitively the most plausible account, namely that the evil act involves the production of great suffering (or other disvalue), and argues that such outcomes are neither necessary nor sufficient for an act to be evil. Only an (...) appeal to distinctive patterns of motivation, so it is argued, will allow us to accommodate our intuitionsabout which acts are evil, and hence will provide an adequate account of the nature of evil. (shrink)

On the day on which Dr Harold Shipman, the Manchester serial killer, was convicted, there was wall-to-wall coverage of it in the media. During the course of one of the many reports, the daughter of one of his victims was interviewed, and asked for her views on why Shipman had acted as he did. What she said was this: she’d tried and tried to understand or explain his deeds, and she could only come to the conclusion that he was a (...) really evil man. In saying this, she clearly meant to convey more than the obvious truth that what Shipman did was very wrong and entirely to be condemned. It seems to me that a secular as well as a religious audience would find the daughter’s appeal to evil as an appropriate explanation perfectly comprehensible. But what exactly was it that was being attributed to Shipman, and how was it thought to explain his actions? (shrink)

This paper considers whether we have any reason to forgive the perpetrators of the most terrible atrocities, such as the Holocaust. On the face of it, we do not have reason to forgive in such cases. But on examination, the principal arguments against forgiveness do not turn out to be persuasive. Two considerations in favour of forgiveness are canvassed: the presence of rational agency in the perpetrators, and the common human nature which they share with us. It is argued that (...) the presence of rational agency does not generate a reason to forgive. However, our common human nature may be sufficient to provide such a reason, and evidence for its general reason-giving power can be seen in phenomena such as vicarious shame, and the moral significance which we attach to the notion of crimes against humanity. A reason for forgiveness based on common human nature will not be a strong one, but a weak reason still has some force. (shrink)

I will defend explication, in a Carnapian sense, as a strategy for revisionary ontologists and radical sceptics. The idea is that these revisionary philosophers should explicitly commit to using expressions like “S knows that p” and “Fs exist” differently from how these expressions are used in everyday contexts. I will first motivate this commitment for these revisionary philosophers. Then, I will address the main worries that arise for this strategy: the unintelligibility worry and the topic shift worry. I will focus (...) on the latter worry and provide a solution that makes use of a distinction between practically and theoretically oriented beliefs. On my view, the revisionary philosophers who admit to departing from the everyday language can still criticize everyday knowledge and existence claims, by arguing that while the language embedded in these claims is suitable for beliefs-1, it is not suitable for beliefs-2. (shrink)

Sustaining hope in patients is an important element of health care, allowing improvement in patient welfare and quality of life. However in the palliative care context, with patients who are terminally ill, it might seem that in order to maintain hope the palliative care practitioner would sometimes have to deceive the patient about the full nature or prospects of their condition by providing a ‘false hope’. This possibility creates an ethical tension in palliative practice, where the beneficent desire to improve (...) patient welfare through sustaining hope appears to be in conflict with an autonomy-based requirement not to deceive patients about their condition. In order to resolve this ethical tension, we provide an analysis of the concept of hope and argue that there is at least one conception – the ‘absolute’ conception of hope – which when properly understood allows practitioners to foster hope in terminally-ill patients while avoiding any need to deceive them about their condition. Practitioners therefore do not need to shy away from using the language of hope in the palliative setting, as on this understanding of hope it can be used in a way that both promotes patient welfare and respects patient autonomy. (shrink)

In this paper we defend a version of moral internalism and a cognitivist account of motivation against recent criticisms. The internalist thesis we espouse claims that, if an agent believes she has reason to A, then she is motivated to A. Discussion of counter-examples has been clouded by the absence of a clear account of the nature of motivation. While we can only begin to provide such an account in this paper, we do enough to show that our version of (...) internalism can be defended against putative counter-examples. All theories of motivation which take what motivates to be a psychological state run foul of the following plausible constraint: the reason why you ought to do an action and the reason why you do it can be the same. In our view, however, while what motivates is a reason (which is a fact) the state of being motivated is a cognitive stage, viz. the belief that one has reason to act. In cases where the agent's relevant beliefs are false, then she has no reason to act, but nontheless her action can be explained in other ways. (shrink)

The jury remains out about the bottom-line relevance of organisational spirituality. This article reviews the arguments made thus far, using those sources most commonly cited as providing ‹evidence’ that organisational spirituality adds value to the bottom line. Having collated the evidence, this article offers some observation about the robustness of this existing ‹business case’. It then offers some preliminary conclusions on the literature review, examining the merits of pursuing a ‹business case’ in this field and identifying some specific questions for (...) future research. (shrink)

This article analyzes the institutionalization of the global organic agriculture field and sheds new light on the conventionalization debate. The institutions that shape the field form a tripartite standards regime of governance that links standard-setting, certification, and accreditation activities, in a layering of markets for services that are additional to the market for certified organic products. At each of the three poles of the TSR, i.e., for standard-setting, certification, and accreditation, we describe how the corresponding markets were constructed over time (...) and the role of the different actors in their evolution. We analyze the politics at stake among the actors at each pole, their competing or cooperative interests and visions, and the tensions between them in the promotion of markets. Through the lens of the TSR heuristic, we show that the institutionalization of the organic field beginning in the 1990s and its de facto inclusion in the broader sustainability field beginning in the 2000s contribute to a progressive distancing between the organic movement and its initial political project of alterity, to which public and private actors both contribute actively. As a set of interlinked market institutions, the TSR orients and narrows the scope of debate, which becomes restricted to “market-compatible” dimensions and objects. We conclude that the TSR is a promising heuristic for analyzing contemporary global regulation. (shrink)

Introduction -- The perceptual part of the soul -- Human perception -- The duality of the human soul -- Phronesis -- Conclusion.

"These essays advance a reinterpretation of pivotal categories such as self-knowing, moral agency, and altruism... A must for all students and researchers/faculty engaged in the study of ethics." —Choice "This is an extraordinarily valuable collection of essays in feminist ethics." —Teaching Philosophy A range of recent work in feminist ethics, exploring such issues as the ethic of care, a viable feminist ethics, Pythagoreanism, existentialism, utilitarianism, self-knowing, emotion, and moral vision. Also discussed is the process of applying feminist ethics to work (...) situations. The concluding essays point to the future and present new visions for the field. (shrink)

Charts the development of feminist philosophy as a recognized contributor to intellectual debate, beginning with its origins outside the philosophical establishment in activism, cultural criticism, and social engagement. The fresh approaches of black feminists, lesbian philosophers, American Indian feminists, and ecological feminists are brought into the dialogue. In addition, Cole surveys feminist criticism of the traditional philosophical problems of metaphysics, epistemology, and ethics. She concludes that neither feminism nor philosophy thrives when viewed as the "property" of specialists or in-groups, but (...) that feminist philosophy is a powerful, vital, and inclusive conversation about the concerns most basic to human beings. Suggestions for further readings at the end of each chapter assist students to explore subjects of interest in more depth. (shrink)

Xenophon (430—354 B.C.E.) Xenophon was a Greek philosopher, soldier, historian, memoirist, and the author of numerous practical treatises on subjects ranging from horsemanship to taxation. While best known in the contemporary philosophical world as the author of a series of sketches of Socrates in conversation, known by their Latin title Memorabilia, Xenophon also wrote a […].

The decision to publish a doctoral dissertation, especially one which has only been “lightly edited” (foreword, first sentence) and with a bibliography only partially updated to reflect the scholarship of the intervening years, must always seem a risky one. In this case the risk is well taken and the resultant book is a delightful addition to our too meager store of book length overviews of Epictetus’ philosophy in the wider context of Stoic ethics.

Written by prominent scholars of Jean-Jacques Rousseau's philosophy, this collection celebrates the 300th anniversary of Rousseau's birth and the 250th anniversary of the publication of Emile. The depth and systematic character of Rousseau's thought was recognized almost immediately by thinkers such as Kant and Hegel, yet debate continues over the degree to which Rousseau's legacy is the result of poetic, literary or rhetorical genius, rather than of philosophic rigor or profundity. The authors focus on Rousseau's genuine yet undervalued stature as (...) a philosopher. This collection includes essays that develop some of the complex problems Rousseau treated so radically and profoundly, as well as essays on the vigorous debates he engaged in with thoughtful contemporaries and predecessors. (shrink)

Jean- Jacques Rousseau is a major figure in Western Philosophy and is one of the most widely read and studied political philosophers of all time. His writings range from abstract works such as On the Social Contract to literary masterpieces such as The Reveries of the Solitary Walker as well as immensely popular novels and operas. The Rousseauian Mind provides a comprehensive survey of his work, not only placing it in its historical context but also exploring its contemporary significance. Comprising (...) over forty chapters by a team of international contributors the Handbook covers: The predecessors and contemporaries to Rousseau's work The major texts of the "system" Autobiographical texts including Confessions, Reveries of the Solitary Walker and Dialogues Rousseau's political science The successors to Rousseau's work Rousseau applied today. Essential reading for students and researchers in philosophy, Rousseau's work is central to the study of political philosophy, the Enlightenment, French studies, the history of philosophy and political theory. (shrink)

Individual neurons display characteristic firing patterns determined by the number and kind of ion channels in their membranes. We describe experimental and computational studies that suggest that neurons use activity sensors to regulate the number and kind of ion channels and receptors in their membrane to maintain a stable pattern of activity and to compensate for ongoing processes of degradation, synthesis and insertion of ion channels and receptors. We show that similar neuronal and network outputs can be produced by a (...) number of different combinations of ion channels and synapse strengths. This suggests that individual neurons of the same class may each have found an acceptable solution to a genetically determined pattern of activity, and that networks of neurons in different animals may produce similar output patterns by somewhat variable underlying mechanisms. BioEssays 24:1145–1154, 2002. © 2002 Wiley Periodicals, Inc. (shrink)

Inequalities have historically been conceptualised and empirically explored with primary reference to the human. Both measurements of educational inequalities through the production of data about students, teachers and schools, and ethnographic explorations of inequalities in the spoken accounts of human actors in schools can elide affective histories and material geologies of the earth that entwine with societal inequalities, and political questions of the relation between particular human bodies and the earth. In this article, we question: What might it do to (...) rethink the concept of educational inequalities beyond human relations, from within a specific geographical territory? We seek to rethink inequalities including but exceeding these human relations; we argue that inequalities between humans, and between humans and the more-than-human, are materially generated and perpetuated. We offer three theoretical trajectories that consider the affective, spatial and material dimensions of inequality to... (shrink)

Surprisingly, when Laurence Sterne’s Yorick sets his head toward Dover, it is with no developed motive of connoisseurship or curiosity: the gentleman dandy ups with his portmanteau at the merest glance of “civil triumph” from a male servant. Perhaps we are in the world of P. G. Wodehouse, with a gentleman’s gentleman who happens, like Jeeves, to be the embodiment of all the prescriptive and opportunistic shrewdness necessary to maintain his master’s innocent privileges—but it is impossible to tell; the servant (...) utters his five words, glances his glance, and disappears from the novel. The prestige that has lent force to his misprision—or is it a sneer?—seems to belong not to a particular personality but to a position, a function , a bond between gentleman and gentleman’s gentleman that, throughout this novel, makes up in affective and class significance what it lacks in utilitarian sense. Yorick’s bond to another valet is the most sustained and one of the fondest in the novel; and, for most of the novel, the bond is articulated through various forms of the conquest and exchange of women.In the discussion ahead, I will be using the “exchange of women” paradigm taken from Claude Lévi-Strauss and, for example, René Girard and Gayle Rubin, to focus on the changing meanings of the bonds between men in a seventeenth-century play and an eighteenth-century novel.1 These discussions are part of a book-length study of what I am calling “male homosocial desire”—the whole spectrum of bonds between men, including friendship, mentorship, rivalry, institutional subordination, homosexual genitality, and economic exchange—within which the various forms of the traffic in women take place. Eve Kosofsky Sedgwick is associate professor of English at Amherst College. She is the author of Between Men: English Literature and Male Homosocial Desire. (shrink)

Many things are frightening in the process by which people identify against and resist oppressions. One of the worst is how easy it is for people to be made to feel, by some intervention from another, that their own identity and their standing from which to resist that oppression have been foreclosed or annihilated: their voices delegitimated, the authority of their grounding in an indispensable identity threatened with erasure. Anyone who has worked in feminist groups, for instance, knows the moment (...) when a woman or group of women announce that they have sat silent through a discussion, not because they had nothing to say, but because they felt silenced, felt radically denegated by some act or speech or some perceived dynamic of the group. These announcements make shifty moments in the power relations of a group. They bring to the surface, by rupturing it, how far from impartial or inclusive is the normal, “neutral” decorum of conversational exchange, and how far from detached are the needs and dreads that people have invested in it. The fabric of trust that gives a nominally egalitarian texture to activist interactions is—it is always shocking to have once more to learn—a fragile one that a multitude of unacknowledged presumptions can suddenly leave gaping. Eve Kosofsky Sedgwick is professor of English at Duke University. She is the author of Between Men: English Literature and Male Homosocial Desire and the forthcoming Epistemology of the Closet. Her most recent contribution to Critical Inquiry is “Sexualism and the Citizen of the World: Wycherley, Sterne, and Male Homosocial Desire”. (shrink)

Debates regarding clinical ethicists’ scope of practice are not novel and will continue to evolve. Rapid changes in healthcare delivery, outcomes, and expectations have necessitated flexibility in clinical ethicists’ roles whereby hospital-based clinical ethicists are expected to be woven into the institutional fabric in a way that did not exist in more traditional relationships. In this article we discuss three emerging roles: the ethicist embedded in the interdisciplinary team, the ethicist with an expanded educational mandate, and the ethicist as a (...) therapeutic presence in the patient care space. Such expanded capacities offer more robust, positive contributions to institutional culture, stakeholders’ relationships, and patient-centered care. (shrink)

This article addresses the question of how, by Aristotle’s lights, we apprehend concrete individuals, the objects of incidental perception. The author argues (a) that the incidental perceptible is indeed perceived and not interpreted, and (b) that what is perceived incidentally is an object as it bears significance to the projects and aims of the perceiver, rather than what the object is in itself (as it is commonly taken to be). Finally, the author argues (c) that this new way of understanding (...) what the incidental object of perception is provides a unified account of incidental perception that accommodates both animal and human incidental perception, while at the same time allowing that human perception is significantly different from that of nonrational animals. The article maintains that human perception is conditioned, but not interpreted, by intellect, and offers an account of the relationship between the two faculties that supports this interpretation of incidental perception. (shrink)

The author takes the interdisciplinary seminar on Evolutionary Epistemology at the 7th International Wittgenstein Symposium as the occasion to discuss the question of the status, achievements and limits of Evolutionary Epistemology. She comes to the conclusion that neither its critique of thequid juris question in traditional epistemology nor its own philosophical pretensions can be justified. But it is a new science which is relevant and a challenge to traditional epistemology and philosophy of science in that it opens up a horizon (...) of new questions which they will have to take seriously. Sie sind den Kindern ähnlich, die, wenn sie in einen Spiegel geguckt, ihn sogleich umwenden, um zu sehen, was auf der anderen Seite ist. Johann Wolfgang von Goethe Es gab Ewigkeiten, in denen (der menschliche Intellekt) nicht war;... nur sein Besitzer und Erzeuger nimmt ihn so pathetisch, als ob die Angeln der Welt sich in ihm drehten. Könnten wir uns aber mit der Mücke verständigen, so würden wir vernehmen, daß auch sie mit diesem Pathos durch die Luft schwimmt und in sich das fliegende Zentrum dieser Welt fühlt. Es ist nichts so verwerflich und gering in der Natur, was nicht durch einen kleinen Anhauch jener Kraft des Erkennens sofort wie ein Schlauch aufgeschwellt würde; und wie jeder Lastträger seinen Bewunderer haben will, so meint gar der stolzeste Mensch, der Philosoph, von allen Seiten die Augen des Weltalls teleskopisch auf sein Handeln und Denken gerichtet zu sehen. Friedrich Nietzsche. (shrink)

Le développement du recours aux outils numériques engendre des problèmes nouveaux résultant entre autres de l’imperfection inévitable des logiciels, qui a parfois pour conséquence la divulgation de données confidentielles ou personnelles. La révélation des failles de sécurité est nécessaire pour permettre aux éditeurs de logiciels d’y remédier. Cependant, le droit pénal français, sur la base de la Convention européenne sur la cybercriminalité, sanctionne la mise à disposition de « toute donnée conçue ou spécialement adaptée » pour commettre un piratage : (...) le législateur français réprime donc potentiellement la révélation de failles de sécurité, sans pour autant assurer une indemnisation satisfactoire aux victimes de fuites de données personnelles engendrées par l’exploitation de ces défauts de sécurité. L’adoption d’une démarche éthique de la révélation des failles de sécurité pourrait remédier aux défauts du système actuel. (shrink)