Ex aequo et bono compensations refer to tribunal’s compensations that cannot be determined exactly according to the rule of law, in which case the judge relies on an estimate that seems fair for the case at hand. Such cases are prone to legal uncertainty, given the subjectivity that is inherent to the concept of fairness. We show how basic principles from statistics and machine learning may be used to reduce legal uncertainty in ex aequo et bono judicial decisions. For a (...) given type of ex aequo et bono dispute, we consider two general stages in estimating the compensation. First, the stage where there is significant disagreement among judges as to which compensation is fair. In that case, we let judges rule on such disputes, while a machine tracks a certain measure of the relative differences of the granted compensations. In the second stage that measure, which expresses the degree of legal uncertainty, has dropped below a predefined threshold. From then on legal decisions on the quantity of the ex aequo et bono compensation for the considered type of dispute may be replaced by the average of previous compensations. The main consequence is that this type of dispute is, from this stage on, free of legal uncertainty. (shrink)

This article reports the findings of AI4People, an Atomium—EISMD initiative designed to lay the foundations for a “Good AI Society”. We introduce the core opportunities and risks of AI for society; present a synthesis of five ethical principles that should undergird its development and adoption; and offer 20 concrete recommendations—to assess, to develop, to incentivise, and to support good AI—which in some cases may be undertaken directly by national or supranational policy makers, while in others may be led by other (...) stakeholders. If adopted, these recommendations would serve as a firm foundation for the establishment of a Good AI Society. (shrink)

The European Medical Information Framework project, funded through the IMI programme, has designed and implemented a federated platform to connect health data from a variety of sources across Europe, to facilitate large scale clinical and life sciences research. It enables approved users to analyse securely multiple, diverse, data via a single portal, thereby mediating research opportunities across a large quantity of research data. EMIF developed a code of practice to ensure the privacy protection of data subjects, protect the interests of (...) data sharing parties, comply with legislation and various organisational policies on data protection, uphold best practices in the protection of personal privacy and information governance, and eventually promote these best practices more widely. EMIF convened an Ethics Advisory Board, to provide feedback on its approach, platform, and the EcoP. The most important challenges the ECoP team faced were: how to define, control and monitor the purposes for which federated health data are used; the kinds of organisation that should be permitted to conduct permitted research; and how to monitor this. This manuscript explores those issues, offering the combined insights of the EAB and EMIF core ECoP team. For some issues, a consensus on how to approach them is proposed. For other issues, a singular approach may be premature but the challenges are summarised to help the community to debate the topic further. Arguably, the issues and their analyses have application beyond EMIF, to many research infrastructures connected to health data sources. (shrink)

Xu Bing ranks among the most recognized contemporary Chinese artists in the world today. His lifelong interest in word and image paired with his experiences as part of the Chinese diaspora have made him the subject of numerous publications dedicated to exploring culture and communication. With Xu Bing and Contemporary Chinese Art, editors Hsingyuan Tsao and Roger T. Ames bring a welcome addition to this corpus. Compiling seven essays from scholars of art history and philosophy, this volume in the SUNY (...) series in Chinese Philosophy and Culture offers a remarkable range of approaches for thinking about not only Xu Bing's work but also contemporary art and culture at large.In their introduction, the editors foreground .. (shrink)

A new edition of this bestseller, the only book to cover this range of ethical issues with attention both to the roundedness and individual integrity of each religious tradition and to focused issues which are of contemporary interest. The format of the book has not changed. It provides for parallel study of the values held by different communities, exploring the ethical foundations of Hinduism, Buddhism, Sikhism, Judaism, Christianity, and Islam. Each section introduces a different religion and sets the wider context (...) within which more specific questions can be asked. Individual topics can be accessed and understood not only within a tradition as a whole but also across traditions through careful indexing. The following topics are then addressed as appropriate to the given traditions: Religious Identity and Authority Personal and Private? Marriage and Family Influence on and Use of Time and Money Quality and Value of Life Questions of Right and Wrong Equality and Difference National Divisions, War and Peace Global Issues Key features * Each section is written by a specialist in that religious tradition, who in some cases is also an 'insider' and in the other cases has worked closely and in a respected and respectful way with members of that tradition. * Individual topics can be accessed and understood not only within a tradition as a whole but also across traditions through careful indexing * Additions to the text include subsections on reproduction, vegetarianism, just war and terrorism; and new material on weapons of mass destruction and pre-emptive strikes and genetic modification. (shrink)

Within today's emerging global society, educational systemic change is a dynamic, complex process that must seek to engage active participation of all stakeholders. This article examines alternative models of this process, providing different perspectives of the recursive and comprehensive nature of change when viewed from the vantage points of those stakeholders within the process. An envisioned school or educational system that addresses preparation of a citizenry dedicated to democratic principles and issues of social justice must consciously examine the relationships, that (...) form and reform interconnecting and unifying diverse subsystems within the school's constructed meaning and purpose. (shrink)

Denying Divinity: Apophasis in the Patristic Christian and Soto Zen Buddhist Traditions. Janet P. Williams. Oxford University Press, Oxford 2000. 249 pp. £40. ISBN 0 19 826999 4.

Proto‐oncogene products may be multi‐functional proteins with various roles in cell differentiation as well as cell proliferation. The molecular biology of the gene products of three well characterized proto‐oncogenes (c‐fos, c‐myc and c‐src) are described, and the roles of three other proto‐oncogene products, involved in hormone and growth factor reception, are reviewed.

An invaluable collection of some 7,000 proverbs that speak to the depth and nuance of Akan and Asante life, thought, belief, and social organisation.

La notion de mythe, dont la fortune a été brillante en sociologie, en anthropologie et en psychanalyse, ne peut laisser le juriste indifférent. Assurément, l'idée de rapprocher ces deux domaines peut paraître singulière, tant ils paraissent éloignés. Cependant, cette apparente altérité mérite d'être revisitée. Le retour au mythe, à travers une grille de lecture juridique, autorise une mise en perspective de la rationalité juridique contemporaine. Chaque mythe antique est en rapport avec la fondation du droit. Mais, le droit positif a (...) lui-même une dimension mythologique importante. En raison de sa fonction normative, il est pétri d'imaginaire et de fictions. Or, à une époque comme la nôtre, où les mythes et autres métarécits sont déconsidérés, assimilés à une pensée préscientifique, il faut peut-être reconnaître que ce sont ces métarécits qui donnent du sens et qui peuvent renforcer la légitimité du droit dans sa dimension instituante. Le droit ne peut conserver sa fonction anthropologique sans renouer avec ce qui le sous-tend, à savoir le mythe. (shrink)

According to a growing trend in theoretical neuroscience, the human perceptual system is akin to a Bayesian machine. The aim of this article is to clearly articulate the claims that perception can be considered Bayesian inference and that the brain can be considered a Bayesian machine, some of the epistemological challenges to these claims; and some of the implications of these claims. We address two questions: (i) How are Bayesian models used in theoretical neuroscience? (ii) From the use of Bayesian (...) models in theoretical neuroscience, have we learned or can we hope to learn that perception is Bayesian inference or that the brain is a Bayesian machine? From actual practice in theoretical neuroscience, we argue for three claims. First, currently Bayesian models do not provide mechanistic explanations; instead they are useful devices for predicting and systematizing observational statements about people's performances in a variety of perceptual tasks. That is, currently we should have an instrumentalist attitude towards Bayesian models in neuroscience. Second, the inference typically drawn from Bayesian behavioural performance in a variety of perceptual tasks to underlying Bayesian mechanisms should be understood within the three-level framework laid out by David Marr ( [1982] ). Third, we can hope to learn that perception is Bayesian inference or that the brain is a Bayesian machine to the extent that Bayesian models will prove successful in yielding secure and informative predictions of both subjects' perceptual performance and features of the underlying neural mechanisms. (shrink)

Nurses working in a newborn intensive care unit report that treatment decision disagreements for infants in their care may lead to ethical dilemmas involving all health-care providers. Applying Rest’s Four-Component Model of Moral Action as the theoretical framework, this study examined the responses of 224 newborn intensive care unit nurses to the Nurses Ethical Involvement Survey. The three most frequent actions selected were as follows: talking with other nurses, talking with doctors, and requesting a team meeting. The multiple regression analysis (...) indicates that newborn intensive care unit nurses with greater concern for the ethical aspects of clinical practice (p =.001) and an increased perception of their ability to influence ethical decision making (p =.018) were more likely to display Nurse Activism. Future research is necessary to identify other factors leading to and inhibiting Nurse Activism as these findings explained just 8.5% of the variance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Solving the Jigsaw PuzzlePeggy CadetIn my medical record, there is an enigmatic note. It was written as a consultation request from a pediatric endocrinologist to a plastic surgeon while I was hospitalized at age 13 (in the late 1960s) for mastectomy. The note reads:You have seen this unfortunate teenager with the feminizing testis [older name for androgen insensitivity] syndrome on several occasions in the past in reference to the (...) construction of a penis. Would appreciate your seeing him again to evaluate the problem. He is firmly fixed in the male gender role despite efforts on the part of his father to persuade him of the logic of a change.The surgeon’s response (also in my notes) was:The prospect of creating an acceptable penis in this patient seems to me very remote. There is nothing there except an enlarged clitoris. This could be mobilized and might project a few cm but cannot be made into a male organ of normal dimensions. The hair distribution and the perineum is also feminine which compounds the reconstruction problem.Since the decision has been made to go along with the male gender I suppose that mobilization of the penis–clitoris is reasonable. Urethral reconstruction will be possible only much later....I saw this note for the first time at age 21 but didn’t think it was particularly significant until many years later. At the time I had other, much more pressing concerns, as I had reached the conclusion by then that I had been mis–assigned as a boy and that the only way for me to have a reasonable and happy life would be for me to change to living as a girl. It was not a surprise that my doctors had been completely on the wrong track about my “gender”. I was also not about to bring this up with the endocrinologist, a person who had terrified me as a child and whom I still found a bit intimidating.I do remember the surgeon stopping by and examining me briefly without explaining who he was or why he was there. I had a somewhat longer, but equally uninformative (for me) visit from a child psychiatrist. The note requesting a consultation from the psychiatrist reads:Would you see while he is here recovering from his mastectomy? Since he began to show mammary growth 18 months ago his father has put him under considerable pressure to undergo another change in gender role. has resisted but he is quite depressed. We would appreciate any suggestions you may have.I actually have no recollection at all of anything like pressure from my father to change to living as a girl. What I actually experienced was more like 180 degrees away from that—the expectation that I should try to be more masculine. As I remember, my father was bothered by my having breasts and was the one who initiated the physician contacts that led to mastectomy. (My mother had died when I was five, leaving him to rear me as a single parent.)As my father recollected to me many years later, he had asked the pediatric endocrinologist to explain all of my treatment options and alternatives to me. I can only guess, but possibly the pediatric endocrinologist interpreted this as my father wanting me to change to living as a girl. As a young [End Page E1] adult, I got the impression that this particular doctor tended to mistake asking for information about possible treatments for requesting treatment. The idea of a patient gathering information and making informed decisions may not have figured prominently in his thinking. On the office visit when I was 21 and first mentioned to him that I might want to live as a girl, he told me that gender identity was “an unshakable conviction,” so perhaps his idea was that gender was just not something a person could make an ordinary decision about, weighing the pros and cons.My father knew—but at age 13 I didn’t—that the original decision for me to grow up as a boy had been made in a somewhat haphazard way. I had entered... (shrink)

This paper offers a philosophical `history' of the nature of`public discourse' – a basic element of human rights. It beginswith Enlightenment views from Condorcet and Jefferson, turns to Dewey,and then to Habermas. Over a couple of centuries not only does thecentral character of discourse change but so too does the definition ofa public person.

This is the first feminist special issue of The Journal of Aesthetics and Art Criticism. Introduction written by Brand [Weiser] and Korsmeyer with essays by Hilde Hein, Paul Mattick, Jr., Timothy Gould, Joanne B. Waugh, Joseph Margolis, Mary Devereaux, Noel Carroll, Flo Leibowitz, Anita Silvers, Elizabeth Ann Dobie, Renee Cox, and Ellen Handler Spitz. A fuller publication from Indiana University Press followed in 1995 edited by Brand [Weiser] and Korsmeyer entitled, Feminism and Tradition in Aesthetics.

In lieu of an abstract, here is a brief excerpt of the content:The 1998 Meeting of the Society for Buddhist-Christian StudiesPeggy StarkeyThe annual meeting of the Society for Buddhist-Christian Studies was held at the Walt Disney World Dolphin in Orlando, Florida, on Friday, November 20, and Saturday, November 21, 1998. The theme for this year’s sessions was “Ritual and Its Connection to Ethical Activity in the World.”The Friday afternoon panel, moderated by John Berthrong (Boston University), focused on Buddhist views. John (...) Makransky (Boston College) argued from a Mahayana Buddhist perspective that ritual/contemplative activity is a more effective paradigm for contemporary Buddhist ethics than that of Buddhist doctrine, which is now regarded by many as the source of Buddhist ethics. Historically, ethics has been the outflow of ritual activity and as such is both available to many more Buddhists than doctrine and draws more fully upon the various resources of the tradition. Furthermore, rituals as communal/universal expressions of ultimate reality, when practiced within the horizon of the concerns of one’s culture, naturally take expression in forms of social engagement. Stephanie Kaza (University of Vermont) provided insight into the connection between ritual practice and ethics through her vivid explanation of specific Zen rituals. One such ceremony, adapted to address human suffering in a specific situation, took place at the Nevada Nuclear Test Site. The ceremony prepared people for the difficult decision of choosing or not choosing civil disobedience. Thus, Zen rituals not only provide the invitation for mindful awareness in daily life, but also the possibility, though not the guarantee, for transformation everywhere. Yukio Matsuda (University of Heidelberg) discussed the relation between ritual and social activities in the areas of peace, culture, and education in Nichiren Buddhism as practiced by the Soka Gakkai movement. Chanting the diamoku in front of the gohonzon, for example, enables one to directly touch one’s own enlightened life and encourages not only a responsibility for changing one’s own destiny, but also a commitment to social engagement that works toward the creation of a peaceful society. Don Mitchell (Purdue University), responding from a Roman Catholic perspective, stressed those aspects of the three papers that led him to a better understanding of his own tradition. As in Buddhism, he sees the ritual sacraments in Christianity as providing models for moral behavior, reinforcing faith, and [End Page 175] empowering ethical behavior. He also raised several issues pertaining to the reinterpretation of Buddhist rituals or even the creation of new ones by Western Buddhists.John Berthrong introduced the Saturday morning panel, which focused on Christian views. Nicholas Groves (Chicago Public Library) drew on the history of the Oxford Movement, which he traced from its inception in 1833, for his example of the influence of Christian ritual upon ethics. For this movement, ritual was both an expression of the Christian doctrines of the Incarnation and the Trinity and the basis of an imperative for social justice. For the discussion to follow, he asked, “What is the function of a prophetic and radical reading of a spiritual tradition, either Christian or Buddhist, within the larger community of the Sangha or the Church?” Speaking from a Protestant point of view, Jay Rock (codirector, Interfaith Relations, National Council of Churches of Christ, USA) discussed Christian ritual in terms of the reactualization of the past and of the transformation of the present. Baptism and the Eucharist commemorate past historical events that are made present in the liturgy in such a way that the participating Christians not only receive God’s gift of unlimited love, but also are sent out into the world to live out this love in ethical behavior. Christian ritual confronts the participants with the question, What is now required? Responding from a history of religions perspective, Jan Nattier (Indiana University) raised several questions for discussion: How does ritual—not the theological ideas behind it—empower social action? Would there be Christian social activists without the ritual of the Eucharist? What are the political factors, past and present, that have created a shared sense of the necessity of social action across the boundaries of such radically different traditions as Buddhism and Christianity? The session then ended with a lively discussion.President Paul Ingram presided over... (shrink)

Drawing on philosophical thought from the eighteenth century as well as conceptual frameworks developed in the twenty-first century, the essays in Beyond Sense and Sensibility examine moral formation as represented in or implicitly produced by literary works of late eighteenth-century British authors.

Résumé La fondation anthropologique de la fonction critique – socialement endossée par l’imaginaire utopique – et son lien dynamique avec la tâche intégrative de l’idéologie permettent à Ricœur de repenser sur le plan socio-politique la double nécessité du soupçon et de l’espérance. En reliant l’analyse de la structure contradictoire et analogisante de l’imaginaire social aux perspectives antérieurement développées sur “la liberté selon l’espérance,” notre propos vise à expliciter ses enjeux émancipateurs. Les apories auxquelles les médiations symboliques contraignent l’agir doivent nourrir (...) la double nécessité d’un “devoir de vigilance” et d’une “timide espérance”: telle est à la fois la difficulté irréductible et la force critique de l’analyse ricœurienne de l’imagination socialisante. Mots-clés: imaginaire social, critique, idéologie, utopie, espérance.The anthropological foundation of the critical function—endorsed by the utopian imaginary—and its dynamic relation with the integrative task of ideology allow Ricœur to rethink, at a social and political level, the necessity of both suspicion and hope. Linking Ricœur’s analysis of the contradictory and analogizing structure of the social imaginary to perspectives on “freedom in the light of hope,” which were developed earlier, it is my intention to make explicit certain emancipatory issues. The aporiae to which symbolic mediations constrict acting must provide for the necessity of both an “obligation for vigilance” and a “tentative hope.” Such is the irreducible difficulty but also the critical force of Ricœur’s analysis of the socializing imagination. Keywords: Social Imaginary, Criticism, Ideology, Utopia, Hope. (shrink)