The article explores theoretical and practical aspects of evidence collection, examination and assessment in cases of administrative offences, which have been little analyzed as yet. In the article, evidence collection refers to the search for evidence, its discovery and consolidation in a material object. Evidence examination is defined as the establishment of actual data on the circumstances relevant to the case, which are recorded in the evidence, and an additional examination of certain circumstances. Evidence assessment means thinking activities to analyze (...) evidence collected and examined in the case and to establish the truth in the case, according to appropriate criteria. Referring to the opinions of various scientists and the case law of the Supreme Administrative Court of Lithuania, the article reveals elements of evidence in cases of administrative offences, thoroughly explores each stage of the averment process and provides practical examples and makes suggestions for solving problems. The article substantiates a conclusion that early examination and assessment of evidence should also be carried out during the process of drawing up a record of administrative offence. (shrink)

Dementia is highly prevalent and up until now, still incurable. If we may believe the narrative that is currently dominant in dementia research, in the future we will not have to suffer from dementia anymore, as there will be a simple techno-fix solution. It is just a matter of time before we can solve the growing public health problem of dementia. In this paper we take a critical stance towards overly positive narratives of techno-fixes by placing our empirical analysis of (...) dementia research protocols and political statements in a framework of technology assessment. From this perspective, it becomes obvious that a techno-fix is just one of many ways to approach societal problems and more importantly that technologies are way less perfect than they are presented. We will argue that this narrow scope, which focusses on the usual suspects for solving illnesses, reduces dementia to organismic aspects, and may be counterproductive in finding a cure for dementia. We conclude with outlining how the narrow scope can be balanced with other narratives and why we should have a reasonable scepticism towards the usual suspects. (shrink)

The word ‘situation’ is met quite often not only in everyday life but also in legal literature. It describes the interrelations among the society, officials, public administration entities, institutions, states, etc. Frequently it is a characterization of certain controversial phenomena. In criminal justice, however, this word carries a special practical and applied meaning and requires constant in-depth analysis not only of the etymology of ‘a situation’ but also of its legal theoretic meaning, purpose, function and practical application. In the present (...) article, the authors examine the criminalistics situation—one of the most significant categories of the theory of criminalistics and crime investigation techniques. The article explores a number of concepts such as ‘a criminal situation’, ‘a criminalistics situation’, ‘a crime situation’ and ‘a crime investigation situation’ as well as their content, classification and interrelations. The investigation of criminal acts encounters criminal law, criminological and criminalistics situations. Yet, all of them are linked by the fact that they represent particular situations which can conditionally be called ‘criminal situations’. After a proper analysis and classification of the situations of criminal acts, it is possible to determine the strategic and tactical characteristics of their investigation situations, forecast their course and a likely outcome. (shrink)

Bioethics, Volume 36, Issue 2, Page 162-169, February 2022.

In their paper ‘Responsibility, second opinions and peer-disagreement: ethical and epistemological challenges of using AI in clinical diagnostic contexts’, Kempt and Nagel discuss the use of medical AI systems and the resulting need for second opinions by human physicians, when physicians and AI disagree, which they call the rule of disagreement.1 The authors defend RoD based on three premises: First, they argue that in cases of disagreement in medical practice, there is an increased burden of proof for the physician in (...) charge, to defend why the opposing view is adopted or overridden. This burden for justification can be understood as an increased responsibility. In contrast, such burden does allegedly not arise, when physicians agree in their judgement. Second, in those medical contexts where humans collaborate with humans such justification can be provided, since human experts can discuss the evidence and reasons that have led them to their judgement, through which the sources of disagreement can be found and a justified decision can be made by the physician in charge. Third, unlike human-to-human collaboration, such communicative exchange is not possible with an AI system. Due to AI’s opacity, the physician in charge has no means of illuminating why the AI disagrees. Conclusively, the authors propose RoD as a solution. RoD suggests that a second human expert should be consulted for advise in cases of human–AI disagreement. Once AI systems become more widespread in clinical practice, it can be expected that such type of disagreement occurs more frequently. AI, after all, is being implemented, because it promises, among others, higher accuracy, which implies that some abnormalities will be detected that the physician would have missed.2 Hence, it is laudable to discuss the moral implications of …. (shrink)

The use of black box algorithms in medicine has raised scholarly concerns due to their opaqueness and lack of trustworthiness. Concerns about potential bias, accountability and responsibility, patient autonomy and compromised trust transpire with black box algorithms. These worries connect epistemic concerns with normative issues. In this paper, we outline that black box algorithms are less problematic for epistemic reasons than many scholars seem to believe. By outlining that more transparency in algorithms is not always necessary, and by explaining that (...) computational processes are indeed methodologically opaque to humans, we argue that the reliability of algorithms provides reasons for trusting the outcomes of medical artificial intelligence. To this end, we explain how computational reliabilism, which does not require transparency and supports the reliability of algorithms, justifies the belief that results of medical AI are to be trusted. We also argue that several ethical concerns remain with black box algorithms, even when the results are trustworthy. Having justified knowledge from reliable indicators is, therefore, necessary but not sufficient for normatively justifying physicians to act. This means that deliberation about the results of reliable algorithms is required to find out what is a desirable action. Thus understood, we argue that such challenges should not dismiss the use of black box algorithms altogether but should inform the way in which these algorithms are designed and implemented. When physicians are trained to acquire the necessary skills and expertise, and collaborate with medical informatics and data scientists, black box algorithms can contribute to improving medical care. (shrink)

Biomedical research funding bodies across Europe and North America increasingly encourage—and, in some cases, require—investigators to involve members of the public in funded research. Yet there remains a striking lack of clarity about what ‘good’ or ‘successful’ public involvement looks like. In an effort to provide guidance to investigators and research organisations, representatives of several key research funding bodies in the UK recently came together to develop the National Standards for Public Involvement in Research. The Standards have critical implications for (...) the future of biomedical research in the UK and in other countries as researchers and funders abroad look to the Standards as a model for their own policy development. We assess the Standards and find that despite offering useful suggestions for dealing with practical challenges associated with public involvement, the Standards fail to address fundamental questions about when, why and with whom public involvement should be undertaken in the first place. We show that presented without this justificatory context, many of the recommendations in the Standards are, at best, fragments that require substantial elaboration by those looking to apply the Standards in their own work and, at worst, subject to potentially harmful misapplication by well-meaning investigators. As funding bodies increasingly push for public involvement in research, the key lesson of our analysis is that future recommendations about how public involvement should be conducted cannot be coherently formulated without a clear sense of the underlying goals and rationales for public involvement. (shrink)

Providing in-utero treatments to target specific conditions in the fetus is a relatively new approach in perinatal care, with the vast majority of these treatments being used off-label. The high degree of off-label medication use in the perinatal and neonatal settings raises concern for the safety of both the fetuses and expectant mothers. This report presents two examples of intra-amniotic drug administration based on reported clinical cases. From the ethical framework of medical principlism, we examine the competing ethical duties of (...) autonomy, beneficence, and non-maleficence in this setting. We then lay out three fundamental ethical principles for obtaining informed consent and maximizing clinical benefit. (shrink)

Gene drive technologies (GDTs) have been proposed as a potential new way to alleviate the burden of malaria, yet have also raised ethical questions. A central ethical question regarding GDTs relates to whether it is morally permissible to intentionally modify or eradicate mosquitoes in this way and how the inherent worth of humans and non-human organisms should be factored into determining this. Existing analyses of this matter have thus far generally relied on anthropocentric and zoocentric perspectives and rejected an individualist (...) biocentric outlook in which all living organisms are taken to matter morally for their own sake. In this paper, we reconsider the implications of taking a biocentric approach and highlight nuances that may not be evident at first glance. First, we shortly discuss biocentric perspectives in general, and then outline Paul Taylor’s biocentric theory of respect for nature. Second, we explore how conflicting claims towards different organisms should be prioritised from this perspective and subsequently apply this to the context of malaria control using GDTs. Our ethical analysis shows that this context invokes the principle of self-defence, which could override the pro tanto concerns that a biocentrist would have against modifying malaria mosquitoes in this way if certain conditions are met. At the same time, the case study of GDTs underlines the relevance of previously posed questions and criticism regarding the internal consistency of Taylor’s egalitarian biocentrism. (shrink)

We would like to thank the authors of the commentaries for their critical appraisal of our feature article, Who is afraid of black box algorithms?1 Their comments, suggestions and concerns are various, and we are glad that our article contributes to the academic debate about the ethical and epistemic conditions for medical Explanatory AI. We would like to bring to attention a few issues that are common worries across reviewers. Most prominently are the merits of computational reliabilism —in particular, when (...) promoted as an alternative to transparency—and CR as necessary but not sufficient for delivering trust. We finalise our response by addressing concerns about the place and role of artificial intelligence in medical decision-making and the physician’s responsibilities. We understand the concerns and reservations that some of the reviewers express regarding the epistemic merits of CR. We believe that, in part, this is due to a practice too deeply rooted in transparency. But on …. (shrink)

This paper is dedicated to a critical discussion of the logical-philosophical conceptions of language that are presented in Rolandas Pavilionis’ book Language. Logic. Philosophy, its primary focus being an analysis of Pavilionis’ hypothesis of meaning as nonverbal continuous system. The paper consists of two parts. Two types of theories of meaning are distinguished and an analysis of the discussed conceptions of natural languages is proposed in the first, analytic, part of the paper: assumptions that are relevant for the philosophical (...) semantics are identified and used for clarification of the presuppositions of the alternative semantic programme advanced by Pavilionis. Two shortcomings of Pavilionis’ semantic theory are presented in the second, critical, part of the paper. First, it is maintained that Pavilionis’ theory of understanding, which suggests taking the notion of interpretation as fundamental, is unacceptable: interpretation is an enabling, not a constitutive condition of understanding. Second, due to the lack of discussion of the epistemic aspects of meaning and the relation between concepts and conceptual capacities, it remains unclear what theoretical value can be carried by the idea of innate concepts and how can it be made compatible with externalistic aspects of this semantic theory. (shrink)

Esej jest próbą przybliżenia ostatniej książki napisanej przez Rolanda Barthesa, która została właśnie przełożona na język polski. W dzienniku pisanym po śmierci matki, a zatytułowanym znamiennie Dziennikiem żałobnym, Barthes porusza kwestie żałoby, melancholii, depresji, odnosząc się zarówno do siebie i własnej straty, jak i podejmując dyskusję z Freudem, Lacanem czy psychoanalizą, zadając sobie przy tym pytanie, czy żałobnik po śmierci ukochanej osoby w ogóle chce wychodzić z żałoby i czy ma do tego jakiekolwiek prawo. Jest tu zatem ukazana ciekawa perspektywa (...) oglądu tego, co drzemie u samego jądra psychoanalizy, której wszak głównym zadaniem była praca z analizantem i - w trakcie godziny analitycznej - wyciąganie go z psychozy. Esej pokazuje również, co się dzieje z językiem żałobnika, w jaki sposób owo „pęknięcie”, którego nijak nie sposób zapełnić ani słowami, ani logosem, ani w końcu ciałem, które pozostaje, gdy ukochany umiera. I właśnie dziennik pisany jest takim językiem: pękniętym, bez żadnego celu, pozbawionym sensu. Owe fragmenty, którymi Barthesa zapełniał swój świat po śmierci matki, stanowią niezwykły dowód doświadczenia straty. (shrink)

Straipsnyje nagrinėjama analitinės kalbos ir mokslo filosofijos raida Lietuvoje. Konstatuojama, kad analitinė filosofija Lietuvoje pradėta plėtoti XX amžiaus aštuntajame dešimtmetyje, kai Evaldas Nekrašas ir Rolandas Pavilionis paskelbė savo pirmųjų mokslo filosofijos ir kalbos filosofijos tyrinėjimų, kuriuose remiamasi analitine tradicija, rezultatus. Straipsnyje analizuojami jų ir kitų tyrėjų, kurie rėmėsi ta pačia tradicija, pirmiausia Algirdo Degučio ir Albino Plėšnio darbai. Analitinė filosofija buvo pirmoji nemarksistinės filosofijos kryptis, pradėta plėtoti pokarinėje Lietuvoje, todėl aštuntajame ir devintajame dešimtmečiuose ji atliko svarbų vaidmenį plečiant šalyje (...) filosofinių tyrinėjimų tematiką ir keičiant jų metodologinius pagrindus. Nors pastaruoju metu jos įtaka Lietuvos filosofijoje kiek sumažėjo, ji aiškiai juntama kai kuriuose pastarojo meto darbuose, kuriuose nagrinėjamos sąmonės filosofijos, priežastingumo, humanitarinių ir socialinių mokslų metodologijos problemos. Ji padarė nemažą poveikį ir pozityvizmo raidos bei politinės filosofijos problemų tyrimui. Pagrindiniai žodžiai: Lietuvos filosofija, analitinė filosofija, kalbos filosofija, mokslo filosofija, pozityvizmas. (shrink)