This paper describes intellectual property legislation in the European Union, the US and the Draft Treaty on the legal protection of unoriginal databases, usually available in the Internet. I argue that this type of legislation, if enforced upon developing countries and countries in transition through international ‘agreements’, could in effect deprive them of their own information commons, their own public domain. With examples from China, India, Africa and Iceland, I argue that this deprivation in the case of developing countries is, (...) morally, equal to a virtual war against them by the West, wholly unjustified and dangerous-an example of virtual imperialism. (shrink)

In this paper, I argue that the debate on Composition as Identity—the thesis that any composite object is identical to its parts—is deadlocked because both the defenders and the detractors of the claim have so far failed to take its philosophical core at face value and have, as a result, defended and criticized respectively something that is not Composition as Identity. After establishing how Composition as Identity should properly be understood and proposing for it a new interpretation centered around the (...) novel notion of metaphysical information, I set forth a strategy to defend it that crucially rests on the indefinite extensibility of the domain of quantification. I eventually suggest that “Composition as Analysis” is a name that better reflects the content and theoretical proposal of the thesis that Composition as Identity is supposed to be. (shrink)

The present article reviews the state of public debate and legal provisions concerning end‐of‐life decision‐making in Italy and offers an evaluation of the moral and legal issues involved. The article further examines the content of a recent law concerning informed consent and advance treatment directives, the main court pronouncements that formed the basis for the law, and developments in the public debate and important jurisprudential acts subsequent to its approval. The moral and legal grounds for a positive evaluation of this (...) law, which attests that the patient may withhold or withdraw from life‐prolonging treatment, will be offered with reference to liberal approaches and particularly to the frameworks of care and virtue ethics; but reasons will also be offered in order to consider not only the latter but also broader range of end‐of‐life treatment decisions as morally apt options. In this light, we argue in favour of a further development of the Italian legislation to encompass forms of assisted suicide and active euthanasia. (shrink)

This article sheds light on John Rawls’s views on John Dewey’s philosophical temperament by investigating unpublished papers and lectures that Rawls wrote and delivered across the late 1940s, the 1950s, the 1960s, and the early 1970s. Moreover, the article shows that Rawls’s rejection of Kant’s dualisms predates by at least three decades the “Dewey Lectures” (1980) and that Dewey’s notion of deliberation as “dramatic rehearsal in imagination” might have had an impact on Rawls’s development of the notion of “reflective equilibrium” (...) as a state of affairs that we strive to reach in ethical reflection. (shrink)

We propose a formal framework to examine the relationship between models and observations. To make our analysis precise,models are reduced to first-order theories that represent both terminological knowledge – e.g., the laws that are supposed to regulate the domain under analysis and that allow for explanations, predictions, and simulations – and assertional knowledge – e.g., information about specific entities in the domain of interest. Observations are introduced into the domain of quantification of a distinct first-order theory that describes their nature (...) and their organization and takes track of the way they are experimentally acquired or intentionally elaborated. A model mainly represents the theoretical knowledge or hypotheses on a domain, while the theory of observations mainly represents the empirical knowledge and the given experimental practices. We propose a precise identity criterion for observations and we explore different links between models and observations by assuming a degree of independence between them. By exploiting some techniques developed in the field of social choice theory and judgment aggregation, we sketch some strategies to solve inconsistencies between a given set of observations and the assumed theoretical hypotheses. The solutions of these inconsistencies can impact both the observations – e.g., the theoretical knowledge and the analysis of the way observations are collected or produced may highlight some unreliable sources – and the models – e.g. empirical evidences may invalidate some theoretical laws. (shrink)

For the first time in print, this article reports passages from John Rawls’s graduate papers and annotations on books and manuscripts from his personal library. The analysis of this material shows the historical inaccuracy of the widespread assumption that Rawls’s philosophy owes very little to American pragmatism. Peirce’s notion of truth, as well as the holistic critique of pragmatism thatMortonWhite began in the late 1940s, prove significant at the very beginning of Rawls’s philosophical enterprise. In the light of this material, (...) it might be argued that Rawls’s elaboration of ‘reflective equilibrium’ started at least in part as an attempt to overcome the pending problems of pragmatism. (shrink)

Detecting sensitive information considering privacy is a relevant issue on Online Social Networks (OSNs). It is often difficult for users to manage the privacy associated with their posts on social networks taking into account all the possible consequences. The aim of this work is to provide information about the sensitivity of the content of a publication when a user is going to share it in OSN. For this purpose, we developed a privacy-assistant agent that detects sensitive information. Based on this (...) information, the agent provides a message through a nudge mechanism warning about the possible risks of sharing the message. To avoid being annoying, the agent also considers the user’s previous behaviour (e.g. if he previously ignored certain nudges) and adapts the messages it sends to give more relevance to those categories that are more important to the user from the point of view of the privacy risk. This agent was integrated into the social network Pesedia. We analysed the performance of different models to detect a set of sensitive categories (i.e. location, medical, drug/alcohol, emotion, personal attacks, stereotyping, family and association details, personal details and personally identifiable information) in a dataset of tweets in Spanish. The model that obtained the best results (i.e. F1 and accuracy) and that was finally integrated into the privacy-assistant agent was transformer-based. (shrink)

The age of digital technology has introduced new complications into the issues of fair and private use of copyrighted material. In fact, the question of private use of another's work has been transformed from a side issue in intellectual property jurisprudence into the very center of intellectual property discussions about rights and privileges in a networked world. This paper will explore the nuanced difference between fair and private use as articulated in the US and the European Copyright Laws. Part One (...) will explain the legal use and meaning of fair use and its justifications. We maintain that it is almost impossible to resolve the issue of the fair/private use's legal nature, if one has not previously resolved copyright's legal nature. Legal resolution of such conflicts, as we shall demonstrate, follows different rules, and the messages sent to users and authors vary greatly depending on the jurisdiction. Part Two will examine the issue of Private Use as Fair Use by Design. We will look at the impact of Digital Rights Management on fair use and explore if the nature of private use as fair use has changed because we are dealing with the protection of digital content. We will show that protecting digital works by code, via various digital rights management schemes is shrinking the public domain of information and restricting private use as fair use. (shrink)

Daniele Botti argues that John Rawls’s philosophy is importantly connected with classical American pragmatism and that Rawls’s intellectual trajectory did not take a “pragmatic turn” in the 1980s but possibly an “un-pragmatic” one. Both claims go against conventional wisdom, and Botti corroborates them with archival research.

Organized into three main parts, this paper examines some challenges for the informed-consent process in medical research where DNA databanks are employed. In Part 1, we briefly describe the principle of informed consent and show why it is ethically important. Part 2 focuses on some specific challenges that that arise for the traditional informed-consent process in population-wide genetics/genomics research, especially where data-mining techniques are used. In the third and final section, we defend a model of consent based on the notion (...) of a "charitable trust," which we believe can help to preserve the integrity of the consent process in the context of medical and genetic research involving DNA databanks. (shrink)

The Health Impact Fund (HIF) is a project aimed at expanding access to life-saving drugs worldwide and incentivizing pharmaceutical companies to invest in research and development for neglected diseases. The HIF would invert the existing patent framework by rewarding ideas through their diffusion rather than protecting against this diffusion, by encouraging a collective rather than privatized wealth scheme. The basic idea behind the HIF is the creation of a new competitive market that centers on individuals who, under normal circumstances, exert (...) very little force on the tide of market demand. The HIF does not operate on standard market measures of demand, but instead measures demand as a product of needs, while in conventional market scenarios, private citizens and national welfare states pay for needs. The idea is that the HIF would create a functional, competitive market in which pharmaceutical profit is determined by the actual health impact of each new drug, a measure born from pharmacological and distributive efficacy. In this article, the basic features of and main challenges to the HIF are addressed. (shrink)

This book closely examines our commonly held beliefs about human suffering, and offers unique insights into God's role in why we suffer. Dr. Perri critically examines what it means to be human from a Judeo-Christian perspective, and extrapolates from the work of Carl Gustav Jung showing a deeply complex development of human transcendence in human suffering. On an interpersonal level, Dr. Perri elaborates on the work of Martin Buber and Emanuel Levinas and shows how our suffering can be shared and (...) lessened by our unconditionality and presence for the other. Scriptural passages are quoted from both the Hebrew and New Testament texts, and are used to depict the suffering of humankind as seen in the face of Job. It was this face, according to Perri, that Jesus saw in the faces of those He came to redeem, and that ultimately brought Him to the crucifix of redemption. Dr. Perri challenges Sartre's position that our existence precedes our essence, and draws on the work of Abraham Joshua Heschel and Christian theology in this regard. He further elaborates a neurodevelopmental paradigm that creates essence as the basis of our freedom to choose. This book can be read and studied by both professionals in the helping and healing professions, and lay persons seeking to better understand our suffering, and how to better help those who suffer. Dr. Perri offers specific ways in how to be present for those who suffer, how to read and receive the hidden language of human suffering, and how to use silence as a communication skill. (shrink)

The draft Code of Conduct for Research is an important initiative towards assisting the scientific community in complying with the provisions of the Protection of Personal Information Act 4 of 2013 (POPIA). However, its approach towards cross-border data sharing should be reconsidered to clarify the ambiguities inherent in the legal requirements for the cross-border sharing of health data in the POPIA. These ambiguities include the concept of ‘transfer of information’, the application of adequacy as a legal mechanism for transfer, the (...) nature of consent for cross-border sharing and the scope of the recipient third party. We suggest that the draft Code of Conduct for Research can be improved by: Explaining or defining the concept of ‘transfer of information’ and when it applies to cross-border sharing in research Clarifying the application of adequacy as a legal mechanism for transfer vis-à-vis the other alternatives Expanding on the interpretation and application of consent as a legal mechanism for cross-border transfers Expanding the category of persons who may be recipients of personal information in a third country. (shrink)

A substantial portion of Adam Smith's discussion of Stoicism in TMS VII is dedicated to the Stoic “principle of suicide,” according to which suicide is sometimes morally required. While scholars agree that Stoicism exercised considerable influence over Smith, no recent work has explored his views on suicide, despite the central role it plays in his treatment of Stoicism. I argue that Smith opposes the principle of suicide on both epistemic and moral grounds, providing an important critique of Stoicism. I also (...) show how Smith departs from other early modern accounts of suicide by offering a notably humane analysis of this tragic act. I conclude by considering what Smith's discussion of Stoicism and suicide tells us about his moral theory, and I forward a reading of Smith as a skeptic. (shrink)

The object of this paper is to show why recent research in the psychology of deductive and probabilistic reasoning does not have.