An important challenge when creating automatically processable laws concerns open-textured terms. The ability to measure open-texture can assist in determining the feasibility of encoding regulation and where additional legal information is required to properly assess a legal issue or dispute. In this article, we propose a novel conceptualisation of open-texture with the aim of determining the extent of open-textured terms in legal documents. We conceptualise open-texture as a lever whose state is impacted by three types of forces: internal forces (the (...) words within the text themselves), external forces (the resources brought to challenge the definition of words), and lateral forces (the merit of such challenges). We tested part of this conceptualisation with 26 participants by investigating agreement in paired annotators. Five key findings emerged. First, agreement on which words are open-texture within a legal text is possible and statistically significant. Second, agreement is even high at an average inter-rater reliability of 0.7 (Cohen’s kappa). Third, when there is agreement on the words, agreement on the Open-Texture Value is high. Fourth, there is a dependence between the Open-Texture Value and reasons invoked behind open-texture. Fifth, involving only four annotators can yield similar results compared to involving twenty more when it comes to only flagging clauses containing open-texture. We conclude the article by discussing limitations of our experiment and which remaining questions in real life cases are still outstanding. (shrink)

In ‘Exploitation, Labor, and Basic Income’ Michael Howard undertakes to defend an Unconditional Basic Income (UBI) as non-exploitative, and on a revised conception of what Marx called ‘exploitation’. Without taking issue with the revision itself, I point out that Howard, like many others, fails to defend UBI as non-exploitative. All his arguments fail to establish that the so-called ‘Surfer off Malibu’, a figure who is full-time dedicated to leisure, is not an exploiter in receiving UBI. The strategies to include him (...) as a rightful recipient of a labor-free income rely on the (sometimes far-fetched) attribution of certain contingent features to him that would entitle him to compensation or reward, but that he might also not have. I argue that the best strategy for UBI-advocates is to admit that ‘slackers’ should be merely tolerated as non-deserving recipients, because the UBI-policy will otherwise have good effects. Finally, I raise some questions about these good effects, as they are conceived by UBI-advocates such as Howard. (shrink)

This article investigates the claims and complexities involved in the platform-based economics of health and fitness apps. We examine a double-edged logic inscribed in these platforms, promising to offer personal solutions to medical problems while also contributing to the public good. On the one hand, online platforms serve as personalized data-driven services to their customers. On the other hand, they allegedly serve public interests, such as medical research or health education. In doing so, many apps employ a diffuse discourse, hinging (...) on terms like “sharing,” “open,” and “reuse” when they talk about data extraction and distribution. The analytical approach we adopt in this article is situated at the nexus of science and technology studies, political economy, and the sociology of health and illness. The analysis concentrates on two aspects: datafication and commodification. We apply these analytical categories to three specific platforms: 23andMe, PatientsLikeMe, and Parkinson mPower. The last section will connect these individual examples to the wider implications of health apps’ data flows, governance policies, and business models. Regulatory bodies commonly focus on the safety and security of apps, but pay scarce attention to health apps’ techno-economic governance. Who owns user-generated health data and who gets to benefit? We argue that it is important to reflect on the societal implications of health data markets. Governments have the duty to provide conceptual clarity in the grand narrative of transforming health care and health research. (shrink)

This introduction to the special issue on data and agency argues that datafication should not only be understood as the process of collecting and analysing data about Internet users, but also as feeding such data back to users, enabling them to orient themselves in the world. It is important that debates about data power recognise that data is also generated, collected and analysed by alternative actors, enhancing rather than undermining the agency of the public. Developing this argument, we first make (...) clear why and how the question of agency should be central to our engagement with data. Subsequently, we discuss how this question has been operationalized in the five contributions to this special issue, which empirically open up the study of alternative forms of datafication. Building on these contributions, we conclude that as data acquire new power, it is vital to explore the space for citizen agency in relation to data structures and to examine the practices of data work, as well as the people involved in these practices. (shrink)

ArgumentSociologists and historians of science, such as Richard Whitley and Stephen Hilgartner, identified a culturally dominant discourse of science popularization in the broader society. In this dominant view, a clear distinction is maintained between scientific knowledge and popularized knowledge. Popularization of science is seen as the process of transmitting real science to a lay public. This discourse on science popularization was criticized by Whitley and Hilgartner as an inadequate simplification. Yet, the battered traditional model of popularization remains remarkably resistant to (...) these theoretical attacks. In this paper I will argue, based on research of the output of the Belgian economist Gustave de Molinari, and more specifically, his opinion on the role of government in economic life, that the boundary between science and popularization in political economy is not clear and that the status of scientists fluctuates over time and in different contexts. It is therefore impossible for historians or economists to distinguish science from popularization based on the essential characteristics or intrinsic quality of the work. De Molinari's ideas are followed through the different media of science and journalism. Although de Molinari himself differentiated between his scientific and “popular” work, the boundary between science and popularization proves to be highly permeable, in both directions. (shrink)

Within the literature on emotion and behavioral action, studies on approach-avoidance take up a prominent place. Several experimental paradigms feature successful conceptual replications but many original studies have not yet been replicated directly. We present such a direct replication attempt of two seminal experiments originally conducted by Chen and Bargh (1999). In their first experiment, participants affectively evaluated attitude objects by pulling or pushing a lever. Participants who had to pull the lever with positively valenced attitude objects and push the (...) lever with negatively valenced attitude objects (i.e., congruent instruction) did so faster than participants who had to follow the reverse (i.e., incongruent) instruction. In Chen and Bargh's second experiment, the explicit evaluative instructions were absent and participants merely responded to the attitude objects by either always pushing or always pulling the lever. Similar results were obtained as in Experiment 1. Based on these findings, Chen and Bargh concluded that (1) attitude objects are evaluated automatically; and (2) attitude objects automatically trigger a behavioral tendency to approach or avoid. We attempted to replicate both experiments and failed to find the effects reported by Chen and Bargh as indicated by our pre-registered Bayesian data analyses; nevertheless, the evidence in favor of the null hypotheses was only anecdotal, and definitive conclusions await further study. (shrink)

Punishment and forgiveness are two very different responses to a moral transgression that both have been argued to restore perceptions of moral order within an organization. Unfortunately, it is currently unclear what motivates organizational actors to punish or forgive a norm transgressor. We build on social cognitive theory to argue that punishment and forgiveness of a transgressor are both rooted in self-regulatory processes. Specifically, we argue that organizational actors are more likely to respond to intentional transgressions with punishment, and to (...) unintentional transgressions with forgiveness. However, these effects of transgressor intentionality should be found in particular among actors for whom moral identity is central. We find support for these predictions in a laboratory experiment and a field study among organizational leaders. By simultaneously studying punishment and forgiveness in organizational settings, we provide crucial insight in their shared motivational bases, as well as into important differences between the two. (shrink)

Background The European Union aims to optimize patient protection and efficiency of health-care research by harmonizing procedures across Member States. Nonetheless, further improvements are required to increase multicenter research efficiency. We investigated IRB procedures in a large prospective European multicenter study on traumatic brain injury, aiming to inform and stimulate initiatives to improve efficiency. Methods We reviewed relevant documents regarding IRB submission and IRB approval from European neurotrauma centers participating in the Collaborative European NeuroTrauma Effectiveness Research in Traumatic Brain Injury. (...) Documents included detailed information on IRB procedures and the duration from IRB submission until approval. They were translated and analyzed to determine the level of harmonization of IRB procedures within Europe. Results From 18 countries, 66 centers provided the requested documents. The primary IRB review was conducted centrally or locally and primary IRB approval was obtained after one, two or three review rounds with a median duration of respectively 50 and 98 days until primary IRB approval. Additional IRB approval was required in 55% of countries and could increase duration to 535 days. Total duration from submission until required IRB approval was obtained was 114 days and appeared to be shorter after submission to local IRBs compared to central IRBs. Conclusion We found variation in IRB procedures between and within European countries. There were differences in submission and approval requirements, number of review rounds and total duration. Research collaborations could benefit from the implementation of more uniform legislation and regulation while acknowledging local cultural habits and moral values between countries. (shrink)

Recensie van Miriam Rasch Frictie: Ethiek in tijden van dataïsme. Amsterdam: De Bezige Bij (2020).

Identity politics, like Krisis, has its origins in the early 1980s. This coincides with Michel Foucault’s rejection of demands or claims of identity as ‘to be left to the police’. In a strange but perhaps inevitable twist of fate, identity politics has later one become affiliated precisely with policing, leading to political correctness in which identity claims are both mandatory and subject to politically motivated censure. While initially in the service of emancipation, identity has thus become weaponized, which reflects an (...) important shift in political and cultural sensitivities between the 1980s and the 2010s. (shrink)

This book explores how traditional theories of economic justice, both from the libertarian right and the egalitarian left, have failed to appreciate the objection against exploitative behavior that would be possible through the exercise of property rights. This failure also underlies the recent plea for a so-called unconditional basic income.

This article presents the results of an experiment that completely measures the utility function and probability weighting function for different positive and negative monetary outcomes, using a representative sample of N = 1,935 from the general public. The results confirm earlier findings in the lab, suggesting that utility is less pronounced than what is found in classical measurements where expected utility is assumed. Utility for losses is found to be convex, consistent with diminishing sensitivity, and the obtained loss-aversion coefficient of (...) 1.6 is moderate but in agreement with contemporary evidence. The estimated probability weighting functions have an inverse-S shape and they imply pessimism in both domains. These results show that probability weighting is also an important phenomenon in the general population. Women and lower educated individuals are found to be more risk averse, in agreement with common findings. In contrast to previous studies that ascribed gender differences in risk attitudes solely to differences in the degree utility curvature, however, our results show that this finding is primarily driven by loss aversion and, for women, also by a more pessimistic psychological response toward the probability of obtaining the best possible outcome. (shrink)

We report an experiment where each subject’s ambiguity sensitivity is measured by an ambiguity premium, a concept analogous to and comparable with a risk premium. In our design, some tasks feature known objective risks and others uncertainty about which subjects have imperfect, heterogeneous, information. We show how the smooth ambiguity model can be used to calculate ambiguity premia. A distinctive feature of our approach is estimation of each subject’s subjective beliefs about the uncertainty in ambiguous tasks. We find considerable heterogeneity (...) among subjects in beliefs and ambiguity premia; and that, on average, ambiguity sensitivity is about as strong as risk sensitivity. (shrink)

Real-libertarianism, as it is expressed in Philippe Van Parijs' recent monograph Real Freedom for All is characteristically committed to both self-ownership and 'solidarity with the infirm or handicapped. In this article it is argued that the conception of freedom that is used to endorse self-ownership is inconsistent with the conception of freedom or opportunity that is used to justify transfer payments to those with no or low earning capacity. The problem turns around the question whether one's freedom consists in the (...) access one has to a share of the social product or in the measure of economic self-sufficiency one enjoys. Accordingly the role of private property in external resources as a condition for freedom is unclear: is it the basis of people's capacity for self-determination or is it the basis of people's bargaining power? Van Parijs' commitment to self-ownership suggests the former, his commitment to solidarity suggests the latter. A similar ambivalence is pointed out in his argument for a universal basic income, for which Real Freedom for All is so well-known. (shrink)

Wie ‘Mill’ zegt, zegt in eerste instantie bovenal ‘vrijheid’ en ‘utilisme’. In hun onderling verband vormen deze begrippen nog steeds een sterke verwoording van het zelfbegrip van de moderne mens. In de maakbare, nieuwe wereld van het modernisme ervaart de mens de mogelijkheid en wenselijkheid, de wereld naar eigen inzicht en ontwerp in te richten. Daarbij verlangt hij zo veel mogelijk verschoond blijven van onderdrukkende, traditionele, paternalistische machten, of die nu van de overheid komen of uit de samenleving. Richtsnoer vormt (...) niet meer louter de morele wet die hij zichzelf oplegt, of door anderen opgelegd krijgt, maar het systeem van sociale wetten zoals dat wordt geformuleerd in de positieve wetenschap: de economie en de sociologie. (shrink)

The concept of interpassivity, coined by Žižek and Robert Pfaller in the nineties, delineates an original and fruitful field of research that deserves to be developed further. First, interpassivity should be understood in a historical way, as originating with modernity. Second, interpassivity should thus be identified with modernity, in that it expresses modernity’s preoccuption with activity. This explains why interpassivity should be understood as the delegation or ‘outsourcing’ of passivity, in order to become even more active, as Pfaller and Žižek (...) claim. But thirdly, the occupations of late or post-modernity invite us to understand interpassivity still differently: as the outsourcing of activity, not passivity. (shrink)

Van Oenen stuit op een opvallende paradox: democratie wordt niet bedreigd door mensen die tegen democratie zijn, maar juist door degenen die zeer enthousiast zijn over de democratie. Wij lijken nooit genoeg democratie te hebben. Dit is een motor voor veel van de democratische onvrede die vandaag de dag door velen ervaren wordt. Maar de democratie is eigenlijk volledig gerealiseerd, zo stelt Van Oenen, en begint inmiddels vormen van slijtage te vertonen. Het lastige aan een volledig gerealiseerde democratie is dat (...) het steeds moeilijker wordt de bestuurders verwijten te maken over zaken die niet goed lopen. Wij zijn in dat geval immers zelf medeschuldig, want wij hebben deze mensen verkozen. Volgens Van Oenen is ook dit een belangrijke motor van ontevredenheid. (shrink)

In recent years, there has been a significant increase in research on mediated communication via social touch. Previous studies indicated that mediated social touch can induce similar positive outcomes to interpersonal touch. However, studies investigating the user experience of MST technology predominantly involve brief experiments that are performed in well-controlled laboratory conditions. Hence, it is still unknown how MST affects the relationship and communication between physically separated partners in a romantic relationship, in a naturalistic setting and over a longer period (...) of time. In a longitudinal explorative field study, the effects of MST on social connectedness and longing for touch among geographically separated romantic couples were investigated in a naturalistic setting. For 2 weeks, 17 couples used haptic bracelets, that were connected via the internet, to exchange mediated squeeze-like touch signals. Before and after this period, they reported their feelings of social connectedness and longing for touch through questionnaires. The results show that the use of haptic bracelets enhanced social connectedness among geographically separated couples but did not affect their longing for touch. Interviews conducted at the end of the study were analyzed following the thematic analysis method to generate prominent themes and patterns in using MST technology among participant couples. Two main themes were generated that captured the way the bracelets fostered a positive one-to-one connection between partners and the way in which participants worked around their frustrations with the bracelets. Detailed findings and limitations of this longitudinal field study are further discussed, and suggestions are made for future research. (shrink)

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This interpretation of the Odyssey challenges conventional readings in a way that recaptures the strangeness in a text that has been colonized by interpretative strategies, interpretations that impose certain cultural and gendered stereotypes. My reading inverts and subverts some of these stereotypes, without claiming to reveal, or aiming to establish, true identities. Rather, my point is that identities are unstable and unpredictable; the main characters in the Odyssey can be understood best by analysing their characteristic style of dealing with these (...) uncertainties. In this light, Odysseus appears as much less stable and much less ‘in control’ than in standard readings. His presumed, and famed, autonomy is shown to be largely a product of self‐deception, deriving from an inability to confront himself. The women in the Odyssey, on the other hand, are stronger characters, both less helpless, and more helpful, than standard readings allow for. Calypso and Circe play a positive role in liberating and educating Odysseus. Penelope, for her part, turns out to be involved in a much more subtle and elusive form of self‐fabrication than Odysseus. Rather than applying stereotypes of cunning' or ‘faithful’, we should understand both Odysseus' and Penelope's actions as the product of their own idiosyncratic way of dealing with contingency, within the bounds set by cultural and natural circumstance. (shrink)