Widespread commercial use of the internet has significantly increased the volume and scope of data being collected by organisations. ‘Big data’ has emerged as a term to encapsulate both the technical and commercial aspects of this growing data collection activity. To date, much of the discussion of big data has centred upon its transformational potential for innovation and efficiency, yet there has been less reflection on its wider implications beyond commercial value creation. This paper builds upon normal accident theory to (...) analyse the broader ethical implications of big data. It argues that the strategies behind big data require organisational systems that leave them vulnerable to normal accidents, that is to say some form of accident or disaster that is both unanticipated and inevitable. Whilst NAT has previously focused on the consequences of physical accidents, this paper suggests a new form of system accident that we label data accidents. These have distinct, less tangible and more complex characteristics and raise significant questions over the role of individual privacy in a ‘data society’. The paper concludes by considering the ways in which the risks of such data accidents might be managed or mitigated. (shrink)

This paper considers the implications of big data practices for theories about the surveilled subject who, analysed from afar, is still gazed upon, although not directly watched as with previous surveillance systems. We propose this surveilled subject be viewed through a lens of proximity rather than interactivity, to highlight the normative issues arising within digitally mediated relationships. We interpret the ontological proximity between subjects, data flows and big data surveillance through Merleau-Ponty’s ideas combined with Levinas’ approach to ethical proximity and (...) Coeckelberg’s work on proximity in the digital age. This leads us to highlight how competing normativities, and normative dilemmas in these proximal spaces, manipulate the surveilled subject’s embodied practices to lead the embodied individual towards experiencing them in a local sense. We explore when and how the subject notices these big data practices and then interprets them through translating their experiences into courses of action, inaction or acquiescence. (shrink)

Justice in the bible -- Plato's The Republic -- Aristotle's Nicomachean ethics -- Justice in Islamic law -- Saint Thomas Aquinas' summa theologica -- Confucius in china -- The conquest of America -- Machiavelli: "the end justifies the means" -- Jiirgen Habermas' theory of diskursethik -- John Rawls' Justice as fairness -- Ronald Dworkin's Taking rights seriously -- Robert N Ozick's Anarchy, state, and utopia -- Justice as "efficiency" -- Justice and "desert" -- Precedents -- Wojciech sadurski -- Marx's justice (...) as a "critique" -- Alasdair macintyre -- "Feminist" justice. (shrink)

Les langages humains et animaux diffèrent-ils réellement? Quel est le statut des gestes face aux autres signes linguistiques? L'importance de la voix? Si l'individu éprouve un tel besoin de communiquer, on peut se demander si les définitions les plus répandues du langage permettent de comprendre ce phénomène dans sa complexité et son fonctionnement au sein des interactions.

What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a "form" that, when applied to different legal themes, would add a "material content" to the three-dimensional theory. We can point out, as a study plan, the distinction between "three" perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes (...) the "three" phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the "three" characteristics of the legal order: Fullness, coherence, and unity --- the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness. (shrink)

In this book, as in various earlier studies of the author, she uses the three-dimensional method, which facilitates a stratified focus in agreement with three ...

Los cinco estudios que componen este volumen estan dedicados a mostrar que es posible abordar el estudio de un film y por extension del cine en su conjunto a partir de fragmentos minimos extraidos de una obra concreta. Concebidos con una metodologia unitaria intentan, limitando al maximo el uso de esa jerga especializada que suele hacer de muralla entre el analista y el lector, proporcionar instrumentos operativos para todos aquellos que conciben el cine como territorio donde saber y placer no (...) solo no estan renidos sino que se refuerzan mutuamente. Los ejemplos han sido tomados, conscientemente, de obras al mismo tiempo muy conocidas y suficientemente representativas de determinadas maneras de hacer. Se ha huido de toda normatividad con la finalidad de hacer buena la frase de S.M. Eisenstein cuando recordaba a sus discipulos que el no podia ensenarles nada, pero ellos si que podian aprender mucho. Equidistante del moderno analisis formalista y de la tradicion clasica que reivindicaba la primacia del contenido, el tipo de trabajo patente en estas paginas reivindica el lugar central del texto filmico y sus texturas singulares en los nuevos estudios cinematograficos. (shrink)

The primary aim of this chapter is to explain the nature of evidential reasoning, the characteristic difficulties encountered, and the tools to address these difficulties. Our focus is on evidential reasoning in criminal cases. There is an extensive scholarly literature on these topics, and it is a secondary aim of the chapter to provide readers the means to find their way in historical and ongoing debates.

BackgroundPositive psychosocial factors can play an important role in the development of cardiovascular disease. Among them, psychological resilience is defined as the capacity of responding positively to stressful events. Our aim was to assess whether PR is associated with CVD or metabolic disturbances through a systematic review.MethodsWe gathered articles from PubMed, Web of Science, PsycInfo, and Google Scholar up to October 28, 2021. We included articles that were in English, were observational, and had PR examined as exposure. The CVD outcomes (...) were either clinical or metabolic outcomes.ResultsOur literature search identified 3,800 studies, of which 17 met the inclusion criteria. Of them, seven were longitudinal and 10 cross-sectional, and 13 were on adults and four on children. The exposure assessment was heterogeneous, i.e., 12 studies used different kinds of self-administered questionnaires and five used interviews with a psychologist. Regarding outcomes, five studies investigated CVD, seven obesity, one metabolic syndrome, two hypertension, four dyslipidemia, and four diabetes. In longitudinal studies, PR was found to have an inverse association with included outcomes in five studies from the Swedish military conscription cohort but had no association with CVD in a study on African-American women and was associated with slower progression of diabetes in a general population. The cross-sectional studies showed that the prevalence of disease was not associated with PR in many cases but the progression of disease was associated with PR.ConclusionPR seems to have a possibly favorable association with CVD and metabolic disturbances that differs according to the type of outcome and population. Our study limitations are given by the small number of studies available and the heterogeneity in PR measurement.Systematic Review Registration[https://www.crd.york.ac.uk/PROSPERO/display_record.php?RecordID=237109], identifier [CRD42021237109]. (shrink)

Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, (...) in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience. (shrink)

. This paper aims to approach the subject of civil disobedience from the triple perspective of the ethical, the legal, and the political. The novelty of our focus resides in the priority given to the legal aspect of civil disobedience, especially to the possible legal justification of civil disobedience, a perspective that is generally overlooked in analysing the phenomenon. This is where the Achilles heel is to be found, though it may provide unexploited insights into the issue from which significant (...) conclusions can be drawn. (shrink)

RésuméLa tradition manuscrite duKitāb al-Kašf, conserve la trace matérielle de trois phases de rédaction et de révision de l'ouvrage. Cette étude vise à expliciter les relations entre les deux versions arabes et la traduction hébraïque anonyme du XIVesiècle, en prenant en compte les additions et remaniements qui les différencient. Je conclus que la traduction hébraïque représente un stade intermédiaire de réélaboration: elle atteste d'importants ajouts et modifications philosophiques, spécialement dans les arguments portant sur la création du monde, au début de (...) l'ouvrage, mais précède l'achèvement de la révision du traité, qui a conduit aux remaniements dont témoigne la dernière version arabe, dans les chapitres abordant les questions épineuses de la corporéité divine et de la direction. L'étude des ajouts et des arguments du point de vue du contenu, du contexte et de l'argumentation contribue également à comprendre l'histoire de la stratification des phases rédactionnelles de l'ouvrage et la manière dont l'ouvrage a été transmis. (shrink)

Bd. 1. Solidarität und allgemeine Menschenliebe.--Bd. 2. Gegen den Krieg.

A proposal for the biological grounding of intrinsic teleology and sense-making through the theory of autopoiesis is critically evaluated. Autopoiesis provides a systemic lan- guage for speaking about intrinsic teleology but its original formulation needs to be elaborated further in order to explain sense-making. This is done by introducing adaptivity, a many-layered property that allows organisms to regulate themselves with respect to their conditions of via- bility. Adaptivity leads to more articulated concepts of behaviour, agency, sense-construction, health, and temporality than (...) those given so far by autopoiesis and enaction. These and other implications for understanding the organismic generation of values are explored. (shrink)

While substantial progress has been made in the field known as artificial consciousness, at the present time there is no generally accepted phenomenally conscious machine, nor even a clear route to how one might be produced should we decide to try. Here, we take the position that, from our computer science perspective, a major reason for this is a computational explanatory gap: our inability to understand/explain the implementation of high-level cognitive algorithms in terms of neurocomputational processing. We explain how addressing (...) the computational explanatory gap can identify computational correlates of consciousness. We suggest that bridging this gap is not only critical to further progress in the area of machine consciousness, but would also inform the search for neurobiological correlates of consciousness and would, with high probability, contribute to demystifying the “hard problem” of understanding the mind–brain relationship. We compile a listing of previously proposed computational correlates of consciousness and, based on the results of recent computational modeling, suggest that the gating mechanisms associated with top-down cognitive control of working memory should be added to this list. We conclude that developing neurocognitive architectures that contribute to bridging the computational explanatory gap provides a credible and achievable roadmap to understanding the ultimate prospects for a conscious machine, and to a better understanding of the mind–brain problem in general. (shrink)

The paper proposes a notion of fairness which overcomes the conflict arising between efficiency and the absence of envy in economies with uncertainty and asymmetrically informed agents. We do it in general economies which include, as particular cases, the main models of differential information economies, providing in this framework a natural competitive equilibrium notion which satisfies the fair criterion. The analysis is conducted allowing the presence of large traders, which may cause the lack of perfect competition.

The relationship between dream content and waking life experiences remains difficult to decipher. However, some neurobiological findings suggest that dreaming can, at least in part, be considered epiphenomenal to ongoing memory consolidation processes in sleep. Both abnormalities in sleep architecture and impairment in memory consolidation mechanisms are thought to be involved in the development of psychosis. The objective of this study was to assess the continuity between delusional contents and dreams in acutely psychotic patients. Ten patients with a single fixed (...) and recurring delusional content were asked to report their dreams during an acute psychotic break. Sixteen judges with four different levels of acquaintance to the specific content of the patients’ delusions were asked to group the dreams, expecting that fragments of the delusional thought would guide the task. A mathematical index was developed in order to compare correct groupings between the four groups of judges. Most judges grouped the dreams slightly above chance level and no relevant differences could be found between the four groups [F = 1.297; p = n.s.]. Scoring of dreams for specific delusional themes suggested a continuity in terms of dream and waking mentation for two contents . These findings seem to suggest that at least some delusional contents recur within patients’ dreams. Future studies will need to determine whether such continuity reflects ongoing consolidation processes that are relevant to current theories of delusion formation and stabilization. (shrink)

This article argues that foreign multinational corporations in South Africa cannot evade an ethical choice, how best to exercise their leverage against apartheid? Disinvestment is only one, ambiguous option. MNCs need clear ethical goals and an effective strategy. Both arise from the political economy of the MNC . It involves 3 relationships, between the MNC parent and its subsidiary; the MNC home society and host society; and the MNC home state and host state. That political economy explains the MNC's dependency (...) and modernization effects . Those effects give foreigners some leverage against apartheid; but an effective and ethical MNC strategy is needed . It involves four goals: dismantling apartheid, a mixed economy, full democracy, and a negotiated peace . It suggests a sequence of MNC/home state options from Do Nothing or Divest to More Corporate Activism, Home State Support, and International Sanctions . But victory is not around the corner; rather, we are all condemned to freedom. (shrink)

Normative notions are central to Husserl’s account of intentionality: intending an object is a normative achievement, essentially admitting of fulfillment or disappointment. So is teleology: intentional conscious life is inseparable from a horizontal orientation toward “ideas in the Kantian sense.” How are they related? Is teleology essential for intentionality as a normative achievement? Or, in Husserl’s way of putting it, do relative truths “demand” ideal truths? This article explores some reasons for agreeing with Husserl that this is indeed the case. (...) In Sec. 2, I will identify a “normative turn” in Husserl’s account of the basic structure of perceptual intentionality and spell out the teleological character of this normative account. This sense of teleology is a minimal one. A more robust teleology, in the sense of an orientation toward infinite ideality, is then justified in Sec. 3 by virtue of its function in the constitution of genuine objectivity. In Sec. 4, I will turn to the noetic, especially the ego-oriented side of Husserl’s analysis, in order to clarify the normative force of infinite telos. All in all, I will argue that the normative and the teleological sides of the story are inextricably intertwined in Husserl’s account of intentional conscious life. (shrink)

本书讲述了如:操纵人心、恭敬待人、出人头地、收揽人心等历史上为人处世,安邦治国的技巧和实例。.

There is an eminent tradition of thought that sees in the phenomenon of time something contradictory. This tradition has been recently revived by some contemporary proponents of dialethism – the view that there are true contradictions. In this paper, I will contribute to this line of thinking by tracing the first steps of a dialethic account of time-consciousness. In particular, I will argue that the experiential flow of time can be accounted for in the framework of an intentionalist approach to (...) temporal perception if we conceive of time-consciousness as a quasi-multiplicity, i.e., a multiplicity of non-self-identical parts, hence the embrace of dialethism. Section 1 introduces dialethism, discusses Priest's dialethic theory of motion and time, and motivates the project of a dialethic account of time-consciousness. Section 2 introduces the intentionalist approach to time-consciousness and distinguishes pure intentionalism from sense-data intentionalism; both subscribes to a certain Principle of Simultaneous Awareness but interprets it differently. In Sect. 3, I offer an in-depth analysis of this principle and identify its core as the requirement of self-unification, i.e., the requirement that time-consciousness unifies itself in flowing without any higher-order act of unification. Section 4 then argues that pure intentionalism can satisfy this requirement by embracing dialethism. I conclude by noting how the dialethic account of time-consciousness incorporates a central extensionalist insight within an intentionalist outlook. (shrink)