In February of 1988, Hans-Georg Gadamer, Jacques Derrida, and Philippe Lacoue-Labarthe came together in Heidelberg before a large audience to discuss, in French, the philosophical and political implications of Martin Heidegger's thought, particularly in light of the philosopher's engagement in Nazism. This book presents a transcription and translation of their reflections and exchanges with the audience.

Mireille Calle-Gruber is not only a university professor and a writer, but also a leading scholar and critic of French literature and contemporary Francophone literature. Her works on Michel Butor, Claude Simon, Assia Djebar, Derrida and other contemporary writers fill gaps in the contemporary literary history of the twentieth century. Her books not only scrutinize and analyze the writing of Claude Simon; they also shed new light on the analysis of the novel and autobiography in contemporary literature, (...) through the memory of experience and perception. (shrink)

This Article takes the perspective of law and philosophy, integrating insights from computer science. First, I will argue that in the era of big data analytics we need an understanding of privacy that is capable of protecting what is uncountable, incalculable or incomputable about individual persons. To instigate this new dimension of the right to privacy, I expand previous work on the relational nature of privacy, and the productive indeterminacy of human identity it implies, into an ecological understanding of privacy, (...) taking into account the technological environment that mediates the constitution of human identity. Second, I will investigate how machine learning actually works, detecting a series of design choices that inform the accuracy of the outcome, each entailing trade-offs that determine the relevance, validity and reliability of the algorithm’s accuracy for real life problems. I argue that incomputability does not call for a rejection of machine learning per se but calls for a research design that enables those who will be affected by the algorithms to become involved and to learn how machines learn — resulting in a better understanding of their potential and limitations. A better understanding of the limitations that are inherent in machine learning will deflate some of the eschatological expectations, and provide for better decision-making about whether and if so how to implement machine learning in specific domains or contexts. I will highlight how a reliable research design aligns with purpose limitation as core to its methodological integrity. This Article, then, advocates a practice of “agonistic machine learning” that will contribute to responsible decisions about the integration of data-driven applications into our environments while simultaneously bringing them under the Rule of Law. This should also provide the best means to achieve effective protection against overdetermination of individuals by machine inferences. (shrink)

Both corporate and global governance seem to demand increasingly sophisticated means for identification. Supposedly justified by an appeal to security threats, fraud and abuse, citizens are screened, located, detected and their data stored, aggregated and analysed. At the same time potential customers are profiled to detect their habits and preferences in order to provide for targeted services. Both industry and the European Commission are investing huge sums of money into what they call Ambient Intelligence and the creation of an ‘Internet (...) of Things’. Such intelligent networked environments will entirely depend on real time monitoring and real time profiling, resulting in real time adaptation of the environment. In this contribution the author will assess the threats and opportunities of such autonomic profiling in terms of its impact on individual autonomy and refined discrimination and indicate the extent to which traditional data protection is effective as regards profiling. (shrink)

Within science technology and society studies the focus has long been on descriptive microanalyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is needed that does (...) not depend on the intention of whoever designed either a law or a technology. Furthermore this contribution develops the idea that modern law, which has been mediated by the technologies of the script and the printing press, may need to rearticulate its basic tenets into emerging technologies in order to sustain what has been called the paradox of the 'Rechtsstaat'. (shrink)

This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and spending capacity. Mireille Hildebrandt claims that we are in transit between an information society and a data-driven society, which has far reaching consequences for the world we depend on. She highlights how the pervasive employment of machine-learning technologies that inform so-called ‘data-driven agency’ threaten (...) privacy, identity, autonomy, non-discrimination, due process and the presumption of innocence. The author argues how smart technologies undermine, reconfigure and overrule the ends of the law in a constitutional democracy, jeopardizing law as an instrument of justice, legal certainty and the public good. Finally, the book calls on lawyers, computer scientists and civil society not to reject smart technologies, explaining how further engaging these technologies may help to reinvent the effective protection of the rule of law. (shrink)

In this contribution I address the type of emergency that threatens a state’s monopoly of violence, meaning that the state’s competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of emergency, implicating that adequate measures as well as constitutional constraints to be imposed on such measures (...) cannot easily be determined in advance. This indeterminacy raises two interrelated issues. Firstly, the issue of whether it makes sense to speak of criminal jurisdiction when the existing jurisdiction is challenged as such. To what extent does the indeterminacy call for inherently unlimited powers of the state, implying there can be no such thing as criminal jurisdiction during a state of emergency? Second—if criminal jurisdiction is not in contradiction with the state of emergency—the issue of what criminal liability could mean in such a state needs to be confronted. To what extent does the indeterminacy inherent in the state of emergency jeopardise criminal liability because such indeterminacy engenders severe legal uncertainty regarding the standards against which the relevant actions are to be judged? Both issues will be discussed from the perspective of constitutional democracy, assuming that what is at stake in times of emergency is both the competence to sustain the monopoly of violence and the possibility to constrain the powers of the state. (shrink)

Many physicists regard the flow of time as an illusion. There is an upper level flow of time, the phenomenon of past/present/future; and there is a lower level flow of time which is really a flow of events. Perceptual completion accounts for the lower level flow of time in a few ways: apparent movement; amodal completion; and dynamic change as exemplified by a newly described modal completion that we called happening. It acts like an illusory percept connecting discrete stimuli in (...) all sensory modalities. The past/present/future distinction cannot exist unless an object is perceived to be the same now as it is then. This cognition requires object persistence. Experiments with object persistence suggest the circumstances when that, too, is an illusory percept. The illusory percepts of object persistence and perceptual completion can account for the entire flow of time. Our findings and conclusions are congruent with a few time theories and cosmologies that suggest that the flow of time is an illusion. (shrink)

From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly (...) fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC. (shrink)

This research focuses on a profession, that of pedagogical consultant (PC) in mathematics, which has been little explored. Interviews were conducted with eight PCs in mathematics at the elementary school level, based on two professional situations related to problem solving and professional development of teachers. An emerging analysis brought to light, within their professional practice, common elements, characterizing what we can call “a PC’s professional genre”. Singular forms of this profession are also highlighted, reflecting the way in which these PCs (...) engage personally in this profession and develop styles according to circumstances. (shrink)

Autour de la grande conference de Jacques Derrida, intitulee Justices, prononcee en 2003 et demeuree inedite en francais a ce jour, cet ouvrage collectif convoque certains des meilleurs specialistes de son oeuvre. Il s'agit moins ici de commemorer ou de dresser un etat des lieux que de penser, a partir de Derrida et avec lui, ce qui vient et de repondre a l'appel, aux appels pluriels qui resonnent dans son travail philosophique. Sont ainsi examines les principaux legs de sa pensee (...) dans les differents domaines (philosophie, politique, science des religions, esthetique, litterature) qu'elle a profondement transformes. Autant de reponses et de responsabilites, autant de provocations a lire et a relire l'oeuvre de Jacques Derrida a sa hauteur, comme elle nous y engage toujours. Avec les textes de: Gil Anidjar, Philip Armstrong, Fernanda Bernardo, Mireille Calle-Gruber, Danielle Cohen-Levinas, Gianfranco Dalmasso, Francoise Dastur, Jacques Derrida, Silvano Facioni, Edoardo Ferrario, Jerome Lebre, Georges Leroux, Michel Lisse, Rene Major, Marie-Louise Mallet, Serge Margel, Joana Maso, Ginette Michaud, J. Hillis Miller, Raoul Moati, Jean-Luc Nancy, Evando Nascimento, Francois Nault, Laura Odello, Jean-Michel Rabate, Marta Segarra, Peter Szendy, Chantal Talagrand, Francesco Vitale et Hent de Vries. (shrink)

Ces deux ouvrages, de format différent, partagent la volonté de faire sortir de l’ombre des trajectoires de femmes à la croisée de la vie publique et de la vie privée. Ils participent à l’essor d’une démarche de type prosopographique qui s’affirme en ce moment avec la publication en trois volumes aux Éditions des femmes du Dictionnaire universel des créatrices (sous la direction de Béatrice Didier, Antoinette Fouque et Mireille Calle-Gruber, 2013) et celle, prévue en 2015, du Dictionnaire (...) des... (shrink)

Heidegger, Philosophy, and Politics: The Heidelberg Conference Autor: Jacques Derrida, Hans-Georg Gadamer, and Philippe Lacoue-Labarthe, Edited by Mireille Calle-Gruber, Translated by Jeff Fort, Foreword by Jean-Luc Nancy, Editorial: Fordham University Press, Fecha de Publicación: 2016, Formato: Hardback $85.00, Páginas: 116, Reviewed by: Facundo Bey (Universidad Nacional de General San Martín / CONICET-Universidad de Buenos Aires).

. Three logical squares of predication or quantification, which one can even extend to logical hexagons, will be presented and analyzed. All three squares are based on ideas of the non-traditional theory of predication developed by Sinowjew and Wessel. The authors also designed a non-traditional theory of quantification. It will be shown that this theory is superfluous, since it is based on an obscure difference between two kinds of quantification and one pays a high price for differentiating in this way: (...) losing the definability between the existence- and all-quantifier. Therefore, a combination of non-traditional predication and classical quantification is preferred here. (shrink)

Nursing migration: global treasure hunt or disaster‐in‐the‐making?International nurse migration — moving from one country to another in the search of employment — is the focus of this article. The majority of member states of the World Health Organization report a shortage, maldistribution and misutilisation of nurses. International recruitment has been seen as a solution. The negative effects of international migration on the ‘supplier’ countries may be recognised today but are not effectively addressed.Nurse migration is motivated by the search for professional (...) development, better quality of life and personal safety. Pay and learning opportunities continue to be the most frequently reported incentives for nurse migration, especially by nurses from less‐developed countries. Career opportunities were considered key incentives for nurses emigrating from high‐income countries. Language was reported to be a significant barrier. The positive global economic/social/professional development resulting from international migration needs to be weighed against a substantial ‘brain and skills drain’ experienced by supplier countries. The vulnerable status of migrant nurses is also of concern in certain cases. The focus on short‐term solutions as opposed to resolving the problem of a worldwide shortage of nurses causes great concern. Recent initiatives attempt to curb or channel international recruitment. The delicate balance between recognising the right of individual nurses to migrate and a collective concern for the health of a nation’s population must be achieved. (shrink)

The implementation of inclusive policies is largely dependent on teachers´ willingness to accommodate students with special educational needs (SEN) in mainstream classrooms, which is affected by their perceived competence and attitudes. This study investigated attitudes of pre- and in-service teachers toward students with two types of SEN: challenging behavior and learning difficulties. The three components of attitude (affective, cognitive, and behavioral) were assessed using indirect and direct measures. Results revealed that teachers held negative implicit attitudes toward challenging behavior and learning (...) difficulties, however implicit attitudes did not vary as a function of the type of SEN. Ratings of the stereotypical dimensions warmth and competence and overall ratings of scholastic achievement were affected by professional status and type of SEN. Professional status, implicit attitudes and stereotypical knowledge together explained 52 and 43% of the variance in teachers´ ratings of academic proficiency for students with challenging behavior and learning difficulties, respectively. Results are interpreted within the theoretical framework and implications for teacher training are discussed. (shrink)

In this contribution, I will argue that the image of a balance is often used to defend the idea of a trade-off. To understand the drawbacks of this line of thought, I will explore the relationship between online security technologies and fundamental rights, notably privacy, nondiscrimination, freedom of speech and due process. After discriminating between three types of online security technologies, I will trace the reconfiguration of the notion of privacy in the era of smart environments. This will lead to (...) an inquiry into the metaphor of the scale, building on the triple test regarding the justification of the limitation of fundamental rights such as privacy. The conclusion will be that in the case of a trade-off, infringing measures will have to be balanced by effective safeguards. No trade-off without balance. (shrink)

The essays in Fanon and the Decolonization of Philosophy all trace different aspects of the mutually supporting histories of philosophical thought and colonial politics in order to suggest ways that we might decolonize our thinking. From psychology to education, to economic and legal structures, the contributors interrogate the interrelation of colonization and philosophy in order to articulate a Fanon-inspired vision of social justice. This project is endorsed by his daughter, Mireille Fanon-Mendès France, in the book's preface.

Some maladaptive thought processes are characterized by reflexive and habitual patterns of cognitive and emotional reactivity. We review theoretical and empirical work suggesting that mindfulness—a state of nonjudgmental awareness of the present moment—can facilitate the discontinuation of such automatic mental operations. We propose a framework that suggests a series of more specific mechanisms supporting the de-automatizing function of mindfulness. Four related but distinct elements of mindfulness (awareness, attention, focus on the present, and acceptance) can each contribute to de-automatization through subsequent (...) processes, including discontinuing automatic inference, enhancing cognitive control capacity, facilitating metacognitive insight, and preventing suppression or thought distortion. De-automatizing can, in turn, allow enhancement of adaptive self-control ability and increased well-being. (shrink)

The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow 'beings' compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of 'code and law' and the (...) other develops from the domain of 'law and literature'. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice. (shrink)

Euthanasia remains controversial in Canada and an issue of debate among physicians. Most studies have explored the opinion of health professionals regarding its legalization, but have not investigated their intentions when faced with performing euthanasia. These studies are also considered atheoretical. The purposes of the present study were to fill this gap in the literature by identifying the psychosocial determinants of physicians’ intention to practice euthanasia in palliative care and verifying whether respecting the patient’s autonomy is important for physicians.

In this contribution we will explore some of the implications of the vision of Ambient Intelligence (AmI) for law and legal philosophy. AmI creates an environment that monitors and anticipates human behaviour with the aim of customised adaptation of the environment to a person’s inferred preferences. Such an environment depends on distributed human and non-human intelligence that raises a host of unsettling questions around causality, subjectivity, agency and (criminal) liability. After discussing the vision of AmI we will present relevant research (...) in the field of philosophy of technology, inspired by the post-phenomenological position taken by Don Ihde and the constructivist realism of Bruno Latour. We will posit the need to conceptualise technological normativity in comparison with legal normativity, claiming that this is necessary to develop democratic accountability for the implications of emerging technologies like AmI. Lastly we will investigate to what extent technological devices and infrastructures can and should be used to achieve compliance with the criminal law, and we will discuss some of the implications of non-human distributed intelligence for criminal liability. (shrink)

Nous sommes une seule et même espèce humaine, mais nous avons parfois différentes manières de nous manifester. Les diverses expressions de l’humain sont les signifiants d’un même signifié : l’homme. Ce dernier a donc une marge de manœuvre plus ou moins grande qui lui permet de mener la vie digne qui convient. Pour ce faire, il doit travailler son image du monde afin de la rendre adéquate au concept du meilleur des mondes possibles. Il a besoin de faire en sorte (...) que le monde dans lequel il vit ne soit pas ce qu’il est, c’est-a-dire littéralement insensé. Le retour aux valeurs africaines est un ressourcement nécessaire. Il nous permet d’apporter notre pierre à l’édifice humain. D’où l’avènement des différents mouvements de réaction tels que la négritude, l’ethnophilosophie, etc. (shrink)