Metaphors abound in descriptions of the COVID-19 pandemic: it is described, among other things, as a war, a flood, and a marathon. However, not all metaphors may resonate equally well with members...

According to the Supreme Court of Canada, Aboriginal title is a property right, albeit of a distinctive kind. Most significantly, the right is subject to an inherent limit: title lands cannot be used in a way that deprives present and future generations of the right to use the land. Aboriginal title is also encumbered by a restraint on alienation, and has its source in Aboriginal legal systems that predate and survive the assertion of Crown sovereignty. In this paper, we argue (...) that these features of Aboriginal title are not burdensome judicial innovations on a property right, but are instead the essential contours of a sovereign right. That is, the Court’s own description of Aboriginal title does not comport with sound theoretical understandings of a property right. Aboriginal title is much more akin to a right of sovereignty—the right to make laws about the use of a territory. Aboriginal title is the right of law-making jurisdiction over the title lands. The existing literature, while edging towards the view that Aboriginal title is a sovereign right, has lacked the unifying theoretical basis needed to decisively dispatch the Court’s property paradigm. In particular, all extant accounts find the inherent limit inexplicable. The account in this article theorizes and explains the inherent limit, as well as all of the sui generis elements of Aboriginal title, and shows their interconnectedness. Our view additionally answers a number of questions that the Court’s property paradigm does not, including: (1) what laws primarily govern title lands; (2) who has standing to question whether any particular use of title land violates the inherent limit; (3) what is the status of private land interests that overlap with Aboriginal title lands; and (4) how should the doctrine of Aboriginal title be updated in light of jurisprudential developments emphasizing that Indigenous peoples never ceded their sovereignty? (shrink)

While it is no secret that Valerius Flaccus’Argonauticaexplores civil-war themes at great length, the conflicts arising on the island of Peuce between the Colchians and the Argonauts and within the Argonautic party itself in the epic's final book (8.217–467) have been overlooked in critical studies of Valerian civil war. This article argues that Valerius presents the conflicts on Peuce as examples of civil war—emphasizing the bonds of kinship between the conflicting parties and illustrating effects of this discord using imagery of (...) stasis and cosmic dissolution associated with civil war in the wider Latin literary tradition—and thus invites reflection on the development and manifestation of internecine strife within theArgonautica. (shrink)

ZusammenfassungFünfzehn Jahre nach ihrer Entstehung ist die Neuroethik ein internationales wissenschaftliches Feld mit enormer Dynamik. Innerhalb weniger Jahre wurden eigene Kongresse, Zeitschriften, Forschungsförderprogramme, Fachgesellschaften und Institute gegründet. Gleichwohl besteht erheblicher Dissens über die Definition und den Gegenstandsbereich dieses neuen Gebiets. Wir argumentieren hier für eine differenzierte Konzeption, wonach neben der Reflexion ethischer Probleme der Neurowissenschaft und ihrer überwiegend neurotechnologischen Anwendungen auch die ethische Reflexion neurowissenschaftlicher Forschung zur Moralität zur Neuroethik gehört. Dies umfasst zwar nicht neurowissenschaftliche oder neuropsychologische Studien zur Moralität, (...) wohl aber die Reflexion der Bedeutung dieser Forschung für die Ethik und das Recht. Wir geben einen Überblick über die wichtigsten Themen der Neuroethik, woraus deutlich wird, wie sehr in verschiedenen gesellschaftlichen Bereichen, auch jenseits von Medizin und Gesundheitswesen, neuroethische Fragen relevant sind. Das Potenzial der Neuroethik als eines neuen Wissenschaftsfeldes liegt darin, durch eine Verknüpfung neurophilosophischer und medizinethischer Themen sowie eine breite interdisziplinäre Vernetzung neue Antworten auf gesellschaftlich drängende Fragen zu finden. (shrink)

G. W. F. Hegel (1770–1831), the influential German philosopher, believed that human history was advancing spiritually and morally according to God’s purpose. At the beginning of this masterwork, Hegel writes: “What the history of Philosophy shows us is a succession of noble minds, a gallery of heroes of thought, who, by the power of Reason, have penetrated into the being of things, of nature and of spirit, into the Being of God, and have won for us by their labours the (...) highest treasure, the treasure of reasoned knowledge.” In his introduction to this Bison Book edition, Frederick C. Beiser notes the complex and controversial history of Hegel’s text. He makes a case that this English-language translation by E. S. Haldane and Frances H. Simson is still the most reliable one. (shrink)

Marx and Engels's _Communist Manifesto_ has become one of the world’s most influential political tracts since its original 1848 publication. Part of the Rethinking the Western Tradition series, this edition of the _Manifesto_ features an extensive introduction by Jeffrey C. Isaac, and essays by Vladimir Tismaneanu, Steven Lukes, Saskia Sassen, and Stephen Eric Bronner, each well known for their writing on questions central to the _Manifesto_ and the history of Marxism. These essays address the _Manifesto_'s historical background, its impact (...) on the development of twentieth-century Communism, its strengths and weaknesses as a form of ethical critique, and its relevance in the post-1989, post-Cold War world. This edition also includes much ancillary material, including the many Prefaces published in the lifetimes of Marx and Engels, and Engels's "Principles of Communism.". (shrink)

New fetal therapies offer important prospects for improving health. However, having to consider both the fetus and the pregnant woman makes the risk–benefit analysis of fetal therapy trials challenging. Regulatory guidance is limited, and proposed ethical frameworks are overly restrictive or permissive. We propose a new ethical framework for fetal therapy research. First, we argue that considering only biomedical benefits fails to capture all relevant interests. Thus, we endorse expanding the considered benefits to include evidence-based psychosocial effects of fetal therapies. (...) Second, we reject the commonly proposed categorical risk and/or benefit thresholds for assessing fetal therapy research. Instead, we propose that the individual risks for the pregnant woman and the fetus should be justified by the benefits for them and the study’s social value. Studies that meet this overall proportionality criterion but have mildly unfavorable risk–benefit ratios for pregnant women and/or fetuses may be acceptable. (shrink)

This paper discusses different ways of formulating regulation that takes into account a responsibility towards future generations in environmental issues. A rights-based or human-rights based approach, based on notions of intergenerational equity, can be problematic on a conceptual level, and implementation of rights for future generations is challenging. An alternative approach is based on the assignment of duties to present generations rather than rights of future generations. This approach, which is often used in regulation concerning sustainability, uses goal regulation to (...) avoid conceptual problems with rights of future generations while it still provides the opportunity to safeguard their interests and needs. (shrink)

Exponential-constructible functions are an extension of the class of constructible functions. This extension was formulated by Cluckers and Loeser in the context of semi-algebraic and sub-analytic structures, when they studied stability under integration. In this paper, we will present a natural refinement of their definition that allows for stability results to hold within the wider class of [Formula: see text]-minimal structures. One of the main technical improvements is that we remove the requirement of definable Skolem functions from the proofs. As (...) a result, we obtain stability in particular for all intermediate structures between the semi-algebraic and the sub-analytic languages. (shrink)

This brief essay examines emergent spaces for politics and emergent political actors. The particular concern here is with types of politics that do not run through the formal political system, one with shrinking options for a growing number of US citizens and immigrants. Informal political actors and street-level politics in cities are major instances of this. US cities have a long history of street-level politics. The contents, the purposes, the mobilizers and the enactors of these politics have changed over time. (...) Today’s global cities are a very specific type of place because they bring together both the most globalized sectors of capital and the new transnational professionals, on the one hand, and a growing number of immigrants and native minoritized groups in a single, complex space. (shrink)

In this paper, we first classify different types of second opinions and evaluate the ethical and epistemological implications of providing those in a clinical context. Second, we discuss the issue of how artificial intelligent could replace the human cognitive labour of providing such second opinion and find that several AI reach the levels of accuracy and efficiency needed to clarify their use an urgent ethical issue. Third, we outline the normative conditions of how AI may be used as second opinion (...) in clinical processes, weighing the benefits of its efficiency against concerns of responsibility attribution. Fourth, we provide a ‘rule of disagreement’ that fulfils these conditions while retaining some of the benefits of expanding the use of AI-based decision support systems in clinical contexts. This is because the rule of disagreement proposes to use AI as much as possible, but retain the ability to use human second opinions to resolve disagreements between AI and physician-in-charge. Fifth, we discuss some counterarguments. (shrink)

Novice designers produced a sequence of sketches while inventing a logo for a novel brand of soft drink. The sketches were scored for the presence of specific objects, their local features and global composition. Self‐assessment scores for each sketch and art critics' scores for the end products were collected. It was investigated whether the design evolves in an essentially random fashion or according to an overall heuristic. The results indicated a macrostructure in the evolution of the design, characterized by two (...) stages. For the majority of participants, the first stage is marked by the introduction and modification of novel objects and their local and global aspects; the second stage is characterized by changes in their global composition. The minority that showed the better designs has a different strategy, in which most global changes were made in the beginning. Although participants did not consciously apply these strategies, their self‐assessment scores reflect the stages of the process. (shrink)

Novice designers produced a sequence of sketches while inventing a logo for a novel brand of soft drink. The sketches were scored for the presence of specific objects, their local features and global composition. Self‐assessment scores for each sketch and art critics' scores for the end products were collected. It was investigated whether the design evolves in an essentially random fashion or according to an overall heuristic. The results indicated a macrostructure in the evolution of the design, characterized by two (...) stages. For the majority of participants, the first stage is marked by the introduction and modification of novel objects and their local and global aspects; the second stage is characterized by changes in their global composition. The minority that showed the better designs has a different strategy, in which most global changes were made in the beginning. Although participants did not consciously apply these strategies, their self‐assessment scores reflect the stages of the process. (shrink)

There is a remedy available for many of our ailments: Psychopharmacology promises to alleviate unsatisfying memory, bad moods, and low self-esteem. Bioethicists have long discussed the ethical implications of enhancement interventions. However, they have not considered relevant evidence from psychology and economics. The growth in autonomy in many areas of life is publicized as progress for the individual. However, the broadening of areas at one’s disposal together with the increasing individualization of value systems leads to situations in which the range (...) of options asks too much of the individual. I scrutinize whether increased self-determination and unbound possibilities are really in a person’s best interests. Evidence from psychology and economics challenges the assumption that unlimited autonomy is best in all cases. The responsibility for autonomous self-formation that comes with possibilities provided by neuro-enhancement developments can be a burden. To guarantee quality of life I suggest a balance of beneficence, support, and respect for autonomy. (shrink)

The increased presence of medical AI in clinical use raises the ethical question which standard of explainability is required for an acceptable and responsible implementation of AI-based applications in medical contexts. In this paper, we elaborate on the emerging debate surrounding the standards of explainability for medical AI. For this, we first distinguish several goods explainability is usually considered to contribute to the use of AI in general, and medical AI in specific. Second, we propose to understand the value of (...) explainability relative to other available norms of explainable decision-making. Third, in pointing out that we usually accept heuristics and uses of bounded rationality for medical decision-making by physicians, we argue that the explainability of medical decisions should not be measured against an idealized diagnostic process, but according to practical considerations. We conclude, fourth, to resolve the issue of explainability-standards by relocating the issue to the AI’s certifiability and interpretability. (shrink)

‘Authority’ is a term widely used in scholarly debate, including the history of philosophy. However, what is meant by this term is not always clear and the concept is not very well defined. One reason for this is certainly that the phenomenon itself is complex and the corresponding terms are used with a degree of latitude. This makes it difficult to adequately compare and connect the insights that various case studies have to offer. For historians of philosophy, it is thus (...) important to get a sufficient grasp of the concept of authority. This is even more urgent when one studies commentary traditions, in which secondary texts are written in virtue of the existence of texts clad with high authority. Our article combines historical textual research with insights from epistemology, thus providing a discussion of the concept of authority and its importance in textual traditions. We propose a descriptive model that can be used for examining epistemic authority in historical texts. An example from ancient Platonism serves to show both the complexity of the phenomenon and the clarifications that our approach may offer. (shrink)

The biggest contemporary challenge to democratic legitimacy gravitates around the crisis of democratic representation.

As individuals enter their 80s, they are inevitably confronted with the problem of neuronal loss in the brain. The incidence of the common movement disorder ‘mild parkinsonian signs’ (MPS) is approximately 50% over the age of 85 years. It has long been known that the loss of dopaminergic neurons in the substantia nigra pars compacta is a neuropathological hallmark of Parkinson's disease (PD). Recently, two papers1,2 present clear evidence for a high burden of mitochondrial DNA deletions within substantia nigra neurons (...) in aged individuals and individuals with PD, pointing towards a common pathway inevitably leading to neuronal dysfunction and death. BioEssays 28: 963–967, 2006. © 2006 Wiley Periodicals, Inc. (shrink)