This article develops a more comprehensive understanding of data mining by examining the application of this technology in the marketplace. In addition to exploring the technological issues that arise from the use of these applications, we address some of the social concerns that are too often ignored.As more firms shift more of their business activities to the Web, increasingly more information about consumers and potential customers is being captured in Web server logs. Sophisticated analytic and data mining software tools enable (...) firms to use the data contained in these logs to develop and implement a complex relationship management strategy. Although this new trend in marketing strategy is based on the old idea of relating to customers as individuals, customer relationship management actually rests on segmenting consumers into groups based on profiles developed through a firm's data mining activities. Individuals whose profiles suggest that they are likely to provide a high lifetime value to the firm are served content that will vary from that which is served to consumers with less attractive profiles. (shrink)

In the future systems of ambient intelligence will include decision support systems that will automate the process of discrimination among people that seek entry into environments and to engage in search of the opportunities that are available there. This article argues that these systems must be subject to active and continuous assessment and regulation because of the ways in which they are likely to contribute to economic and social inequality. This regulatory constraint must involve limitations on the collection and use (...) of information about individuals and groups. The article explores a variety of rationales or justifications for establishing these limits. It emphasizes the unintended consequences that flow from the use of these systems as the most compelling rationale. (shrink)

Researchers are required to seek consent from Indigenous communities prior to conducting research but there is inadequate information about how Indigenous people understand and become fully engaged with this consent process. Few studies evaluate the preference or understanding of the consent process for research with Indigenous populations. Lack of informed consent can impact on research findings. The Picture Talk Project was initiated with senior Aboriginal leaders of the Fitzroy Valley community situated in the far north of Western Australia. Aboriginal people (...) were interviewed about their understanding and experiences of research and consent processes. Transcripts were analysed using NVivo10 software with an integrated method of inductive and deductive coding and based in grounded theory. Local Aboriginal interpreters validated coding. Major themes were defined and supporting quotes sourced. Interviews with Aboriginal leaders were facilitated by a local Aboriginal Community Navigator who could interpret if necessary and provide cultural guidance. Participants were from all four major local language groups of the Fitzroy Valley; aged 31 years and above; and half were male. Themes emerging from these discussions included Research—finding knowledge; Being respectful of Aboriginal people, Working on country, and Being flexible with time; Working together with good communication; Reciprocity—two-way learning; and Reaching consent. The project revealed how much more there is to be learned about how research with remote Aboriginal communities should be conducted such that it is both culturally respectful and, importantly, meaningful for participants. We identify important elements in community consultation about research and seeking consent. (shrink)

The object of this t e xt is to present human rights as subjec t i ve rights, and therefore, as an appropriate fo r m of discourse in mode r n socie t y . Subject i v e rights are a discourse strat e gy through w hich ind i viduals h a ve lost contact with their companions in c i vil socie t y , and th e y f ind themsel v es isolate d , (...) in a relationship that e xists on l y with a f iction that the l a w calls "state". Citizens h a ve been stripped of the possibilities of addressing the other members of c i vil socie t y , and forced in the conflicts with them to go through special c i vil ser v ants w h o are in cha r ge of suppressing the conflict b y the use of force a g ainst some of the liti g ants. This discourse strat e gy ma k es the ind i vidual a citizen, and it tu r ns into a linguistic manner of being in the mode r n or bou r geois w orld. The strat e gy of subject i v e rights is w hat ma k es mode r n l a w modern. Human rights, for their pa r t, are all the e xpectations and aspirations of ind i viduals of a capitalist socie t y , that can on l y be mentioned in te r ms of "rights , " since it is this discourse that ma k es them into citizens. In this w a y , all human aspirations are co n v er ted - or can be co n v e r ted- into "rights", w hich is the peculiar linguistic manner that modernity o f fers to ind i viduals to talk about their aspirations. (shrink)

In Re-Thinking Science. Knowledge and the Public in an Age of Uncertainty H. Nowotny, P. Scott, e M. Gibbons vindicate a “socially robust” scientific knowledge in accordance with the social needs of our time. Such a knowledge would not be just epistemically reliable; in addition, it would also fit the situations to which will be put to use, and take into account the consequences of its utilization. In the authors’ view, this new kind of science, which they call “Mode 2 (...) knowledge” in another book, would do justice to a society that is not restrained to receive or ask for scientific information, but also requires sharing in its production. Nowotny and her colleagues mention several epistemological changes which a “robust” knowledge would involve. In this paper I analyze some of those alleged changes. (shrink)

Este ensayo busca examinar en qué medida el modelo de interpretación constructiva, sustentado por Ronald Dworkin en el ámbito de su teoría del derecho como integridad, se ajusta y permite explicar las experiencias jurídicas que se desarrollan bajo los sistemas de derecho de la tradición jurídica romano-canónica. Lo que se intenta demostrar es que no obstante el modelo de Dworkin no se ajuste bien a nuestras experiencias jurídicas, algunos de los argumentos centrales de su crítica al modelo positivista constituyen una (...) importante contribución a la teoría del enjuiciamiento y, con algunos ajustes, efectivamente ayudan a comprender y explicar nuestras prácticas jurídicas. Con todo, el modelo de interpretación constructiva no parece constituir una alternativa, sino más bien un complemento necesario a una teoría positivista moderada como la de H. L. A. Hart. (shrink)

http://dx.doi.org/10.5007/1808-1711.2012v16n2p319 In Re-Thinking Science. Knowledge and the Public in an Age of Uncertainty (2001) H. Nowotny, P. Scott, e M. Gibbons vindicate a “socially robust” scientific knowledge in accordance with the social needs of our time. Such a knowledge would not be just epistemically reliable; in addition, it would also fit the situations to which will be put to use, and take into account the consequences of its utilization. In the authors’ view, this new kind of science, which they call (...) “Mode 2 knowledge” in another book, would do justice to a society that is not restrained to receive or ask for scientific information, but also requires sharing in its production. Nowotny and her colleagues mention several epistemological changes which a “robust” knowledge would involve. In this paper I analyze some of those alleged changes. (shrink)

Aim: The presence of noise in urban environments is rarely considered a factor that causes damage to the environment. The primary generating source is transportation means, with vehicles being the ones that affect cities the most. Traffic noise has a particular influence on the quality of life of those who are exposed to it and can cause health alterations ranging from annoyance to cardiovascular diseases. This study aims to describe the relationship between the traffic noise level and the perceived annoyance (...) in the inhabitants of a city on the Northern Border of Mexico. The work carried out in a city represents the vulnerability characteristics: economic, social, and migratory of its sizable portion of the inhabitants. Due to that, it is impossible to identify precisely the number of residents as the number of vehicles in circulation.Methods: The streets and avenues with an annual average daily traffic of more than 1,000 vehicles were considered for the measurement of traffic noise. The equipment used was a vehicle gauge with non-invasive speed radar; type I integrating sound level meters, with their respective gauges and tripods. A questionnaire was applied to people living within 250 m of the streets and avenues in which the noise was measured.Results: The noise measurement found a parameter of LAeq estimated for 12 h during the day, exceeding 70 dBA. The data received from the questionnaire were statistically tested by using Pearson's correlation tests. A total number of 2,350 people were participated, of whom 1,378 were women and 972 were men. The age of participants is ranged from 18 to 75 years. The overall perception of traffic noise annoyance identified that 1,131 participants responded “Yes” as they considered the noise annoying. Participants who responded “No” as well as those who responded “Do not know” resulted in a total of 1,219 people.Conclusion: The results show that the population is desensitized to traffic noise and does not perceive it as an annoyance. The flow of vehicles and the type of vehicles are the significant factors for the propagation and increase in the traffic noise levels. Women present a considerable appreciation of traffic noise perception instead of younger people who demonstrate a higher tolerance to high-level exposure. This reflects the lack of information of the population around the noise problem and its effects. (shrink)

Much has been written by many distinguished persons about the philosophical, religious and ethical considerations of doctors and their involvement with torture. What follows will not have the erudition or authority of the likes of St Augustine, Mahatma Gandi, Schopenhauer or Thomas Paine. It represents the views of a very ordinary person; a presumption defended by the submission that many very ordinary persons have been, and will be, instruments for effecting, assisting or condoning the physical or mental anguish of others. (...) As practitioners of medicine, we are particularly vulnerable, since our particular knowledge and our privileged position may be so easily abused--to the detriment of others. Those of us who practice clinical forensic medicine have even greater responsibility by virtue of our daily contact with the enforcement of law, criminal procedure, and the machinations of the judiciary. We are thus particularly well placed to monitor, encourage or discourage the occurrence of evil practices within the community. It is imperative, therefore, that the ordinary doctor should be cognisant of, and be party to, a code of conduct formulated by his peers and having reference to his obligations as a citizen, and doctor, and to his ability to manipulate human activity. Forensic physicians have further discretionary powers as arbiters in the marriage of the art and ethics of healing with the principles and practice of justice. (shrink)

According to the subtitle of this anthology, the essays are intended to discuss and explore "the cohesive and disjunctive forces" existing between C. P. Snow's infamous "two cultures" of science and the humanities. As in all the colloquia on this subject, there tends to be a mishmash of problems in definition, with Snow's relatively simple and straightforward contrast lost in the shuffle of terms. The fact that in this volume no one agrees upon what science is tends to limit its (...) ability to solve Snow's problem, but, on the other hand, it offers many ruminations on the various meanings of science. Gyorgy Kepes, for instance, thinks of science mainly as a set of technologically sophisticated instruments and advocates that technicians and visual artists collaborate on the design of "light shows" and other flashy works of modern art, especially the design and execution of environmental art. Harry Levin, the well-known scholar of comparative literature, thinks that the division of intellectual activities into "scientific" and "cultural" might be better replaced with dividing scholars into "generalists" and "specialists," arguing that the human community needs a balanced representation of both camps. Talcott Parsons advocates the incorporation of scientific methods into traditionally humanistic considerations, proposing that social science is the logical amalgam of the two cultures. Parsons, by the way, is more commendable for practicing what he preaches than some of his colleagues in the social sciences, particularly Oscar Handlin, also represented in this volume. Altogether, sixteen points of view are included in the symposium, most filled with sonorous language and unsupported generalizations about matters of historical and current fact, but all of them literate and filled with challenging philosophical puzzles.—E. H. W. (shrink)

Dorian Gray pays a hefty price for years of sin and vice in this completely unabridged edition of The Picture of Dorian Gray.

Considering the case of Juan de Vilanova y Piera, often celebrated as the first scientist to accept the prehistoric antiquity of palaeolithic paintings, we explore some of the problems related to the concept of ‘precursor’ in the field of the history of science. In the first section, we propose a brief history of this notion focusing on those authors who have reflected critically on the meaning of predecessors. In the second section, the example of Vilanova illustrates the ways in which (...) historians of science have created precursors. From the vantage of modern science, precursors have traditionally been defined as those who first indicated or announced ideas or theories later accepted by the scientific community. As a result, they have been represented as ‘heroes’ struggling hard to defeat the ignorance of their time. As the case of Juan de Vilanova illustrates, this traditional view is unsatisfactory in many ways. For this reason we consider in the third section a number of methodological strategies to promote a more adequate approach to pioneers. In particular, we suggest that the best way to surmount hagiographical approaches to past scientists is to put them in their own intellectual and historical contexts. (shrink)

In attempting to debunk moral realism through an appeal to evolutionary facts, debunkers face a series of problems, which we label the problems of scope, corrosiveness, and post‐hoc justification. To overcome these problems, debunkers must assume certain metaphysical or epistemological positions, or otherwise pre‐establish them. In doing so, they must assume or pre‐establish the very conclusion they seek in advancing the argument. This means that such debunking arguments either beg the question against the moral realist or are undermined as standalone (...) metaethical arguments. (shrink)

I argue that a standard formulation of hinge epistemology is host to epistemic relativism and show that two leading hinge approaches (Coliva’s acceptance account and Pritchard’s nondoxastic account) are vulnerable to a form of incommensurability that leads to relativism. Building on both accounts, I introduce a new, minimally epistemic conception of hinges that avoids epistemic relativism and rationally resolves hinge disagreements. According to my proposed account, putative cases of epistemic incommensurability are rationally resolvable: hinges are propositions that are the objects (...) of our belief-like attitudes and are rationally revisable in virtue of our overarching commitment to avoid systematic deception in our epistemic practices. (shrink)

An individual's health, genetic, or environmental-exposure data, placed in an online repository, creates a valuable shared resource that can accelerate biomedical research and even open opportunities for crowd-sourcing discoveries by members of the public. But these data become “immortalized” in ways that may create lasting risk as well as benefit. Once shared on the Internet, the data are difficult or impossible to redact, and identities may be revealed by a process called data linkage, in which online data sets are matched (...) to each other. Reidentification, the process of associating an individual's name with data that were considered deidentified, poses risks such as insurance or employment discrimination, social stigma, and breach of the promises often made in informed-consent documents. At the same time, re-ID poses risks to researchers and indeed to the future of science, should re-ID end up undermining the trust and participation of potential research participants. The ethical challenges of online data sharing are heightened as so-called big data becomes an increasingly important research tool and driver of new research structures. Big data is shifting research to include large numbers of researchers and institutions as well as large numbers of participants providing diverse types of data, so the participants’ consent relationship is no longer with a person or even a research institution. In addition, consent is further transformed because big data analysis often begins with descriptive inquiry and generation of a hypothesis, and the research questions cannot be clearly defined at the outset and may be unforeseeable over the long term. In this article, we consider how expanded data sharing poses new challenges, illustrated by genomics and the transition to new models of consent. We draw on the experiences of participants in an open data platform—the Personal Genome Project—to allow study participants to contribute their voices to inform ethical consent practices and protocol reviews for big-data research. (shrink)

Insofar as development implies economic growth, the term 'sustainable development' appears to some as a contradiction in terms. However, such conclusions still lack a thorough examination of the conceptual structure of the two terms between which there is a purported contradiction. In order to address this issue, the present paper scrutinises some of the assumptions which underwrite the ideologies of sustainability and of development. It is argued that there are key assumptions which both ideas have in common, and that sustainable (...) development is thus perfectly coherent on a conceptual level. It is alternatives which retain either term (such as 'sustainable degrowth') that are embroiled in paradox. The paper then examines two concepts for criticising the ideology of economic growth in other terms: dépense and conviviality. It is argued that the latter is preferable to the former for the purpose of developing post-sustainable critiques of growth. (shrink)

Reconstruction is a central notion in Dewey’s account of inquiry and in his metaphilosophical commitments. In his work, Dewey made a call for reconstruction of philosophy, in the reconstruction of central notions of the discipline, like knowledge, logic, truth, the good, reason, and experience. Inquiry itself is reconstructive, according to Dewey, involving the transformation of an indeterminate situation into one which is determinate and understood. Dewey’s philosophical views should therefore be of interest to those taking part in the recent turn (...) towards revisionary philosophical methodologies, like conceptual engineering, explication, and amelioration. In light of the recent developments in revisionary methodologies, I aim to explore Dewey’s conception of concepts in relation to the conceptual engineering literature, suggesting that it provides a useful conception of concepts for conceptual engineering, and to suggest a Deweyan model of philosophical inquiry where concepts are the objects of inquiry. In both cases, I hope to show a productive interaction between Dewey’s ideas and contemporary discussions of conceptual engineering. (shrink)

I argue against the Standard View of ignorance, according to which ignorance is defined as equivalent to lack of knowledge, that cases of environmental epistemic luck, though entailing lack of knowledge, do not necessarily entail ignorance. In support of my argument, I contend that in cases of environmental luck an agent retains what I call epistemic access to the relevant fact by successfully exercising her epistemic agency and that ignorance and non-ignorance, contrary to what the Standard View predicts, are not (...) modal in the sense that knowledge is. After responding to objections, I conclude by sketching an alternative account of ignorance centered on the notions of epistemic access and epistemic agency. (shrink)

This book presents an original thesis about the notion of sensory experience and of the mind’s architecture, which is grounded in current trends in cognitive science and philosophy of mind. Presented in the form of a dialogue, the book explores some of the psychological and philosophical consequences that the author derives from his proposal.

The book challenges the values of much of contemporary bioethics and health care policy by confronting their failure to secure the moral norms they seek to apply.

This paper argues that there are instances in which tobacco control litigation is strengthening the justiciability of the right to health and health-related rights. This is happening in different parts of the world, but in particular in Latin America. In part this is because, to a certain extent, tobacco control litigation based on fundamental rights overcomes the traditional arguments against economic, social and cultural rights adjudication: the anti-democratic argument, the lack of technical competency argument, the problem of the misallocation of (...) scarce public resources and the problem of the implementation of judicial decisions. As we analyzed in this paper, tobacco control cases based on fundamental rights are allowing courts to elaborate on broader standards of judicial adjudication of social rights, e.g., expand notions of standing, progressive realization, and state obligations enshrined in the right to health. Key to this judicial trend is the Framework Convention on Tobacco Control, which provides a legal standard — supported by scientific evidence — defining concrete measures states should take to address the tobacco epidemic, and thus giving content to the right to health as it relates to tobacco control. (shrink)

There is perhaps no area of law that so effectively protects human health and thereby advances the right to the highest attainable standard of health, as tobacco control. Globally, tobacco is responsible for 1 in 10 adult deaths, and is on track to kill 10 million people per year, mostly in developing countries, representing a US$200 billion drain on the global economy. Yet experience in recent decades has shown that a range of tobacco control measures, such as comprehensive bans on (...) smoking in public places, tobacco taxes, and limits on tobacco advertising, can greatly reduce smoking prevalence. These measures have slowly curtailed the epidemic, despite strong opposition from various sectors led by the tobacco industry. It is fitting that tobacco control is the focus of a recent, widely ratified global treaty and of increasing national litigation, often directly linked to countries’ human rights commitments. (shrink)

This paper discusses the meaning of an image rarely used within the religious and philosophical corpus of ancient India in order to describe the ultimate nature of God and the human being: a wall or canvas (Sanskrit, bhitti). The usage of such a peculiar image belongs to Abhinavagupta, the great exegete of the Tantric tradition who lived in Kashmir between the tenth and eleventh centuries A.D. After presenting some antecedents, the paper focuses on key passages taken fromAbhinavagupta’s work and shows (...) how, far from being secondary, the image of a wall possesses a remarkable consistency and expressive power in accordance withAbhinavagupta’s doctrinal presuppositions, in particular his commitment to a dynamic and ultimately paradoxical view of the divine realm, the universe and salvation. (shrink)

An English language translation accompanies the original Greek text of Aristotle's book about the nature of the state, constitutions, revolutions, democracy, and oligarchy.