In this article we explore the possibility of viewing complex systems, as well as the models we create of such systems, as operating within a particular type of economy. The type of economy we aim to establish here is inspired by Jacques Derrida’s reading of George Bataille’s notion of a general economy. We restrict our discussion to the philosophical use of the word ‘economy’. This reading tries to overcome the idea of an economy as restricted to a single (...) logos or master narrative. At the same time, however, Derrida illustrates that we always operate from a restricted framework and as such something will always escape and interrupt our understanding of the world. In this paper we will propose that one could use Derrida’s reading of Bataille, along with notions such as différance, in order to move towards an understanding of complex systems as existing within certain sets of possibilities and constraints. We argue that this view of an economy agrees with the work of Edgar Morin on complexity and his conceptualization of general complexity. (shrink)

This paper explores the possibility for a means of bringing about novelty which does not rely on kairological philosophies based on an event. In contrast to both common sense and contemporary philosophical understandings of the term where for novelty to arise there must be some break in the repetition of the structure, this paper argues that it is possible for novelty to come about through small-scale experimentation. This is done by relying on the philosophical notion of ‘economy’ in order to (...) understand how we think about the world. In this regard, our thinking about the world depends upon acknowledging certain possibilities at the expense of others. History can then be seen as the distribution of emphasis which allows for these past possibilities and the future potentiality they may hold. Novelty, defined here as a rereading of history, is precisely the disruption of these possibilities and a challenge to the memory of the system. The conclusion to this paper argues that experimentation is an important means by which we can bring novelty into the world. (shrink)

This book is a collection of papers presented at an interdisciplinary workshop at the Calgary Institute for the Humanities in May 1980. The three broad issues covered are: the physician-patient relationship, the allocation of responsibility among doctors and nurses, and the political and social framework of the health care system. The first set of essays is concerned with the moral and legal aspects of the physician-patient relationship. The link between knowledge and power is examined as well as the moral dilemmas (...) posed by medical technology. These initial essays would alone justify this publ. (shrink)

In this paper we argue for the contribution that deconstruction can make towards an understanding of complex systems. We begin with a description of what we mean by complexity and how Derrida’s thought illustrates a sensitivity towards the problems we face when dealing with complex systems. This is especially clear in Derrida’s deconstruction of the structuralist linguistics of Ferdinand de Saussure. We compare this critique with the work of Edgar Morin, one of the foremost thinkers of contemporary complexity (...) and argue for the possible contributions that both thinkers provide towards an understanding of complex phenomena in the world. We then move on to illustrate the particular economy of thinking we are forced to engage with when dealing with complex systems. This economy is inspired by Derrida’s deconstruction of Bataille’s general economy. This economy illustrates the fundamental nature of critique in the process of dealing with complex systems, the third concept we explore in this paper. The process of critique illustrates the necessity for both cutting apart and weaving together of economies in order to maintain the possibility for divergent ways of being in the world. We conclude with the ethical implications of dealing with complex systems and some first steps towards an ‘ethics of complexity’. (shrink)

Explores the acquisition and use of knowledge for human purposes and the extent of our ability to shape the future through the design, regulation, and restructuring of the lives of human systems at all levels.

Should models of consciousness be detailed _mechanistic_ models of particular types of systems, or should they be _minimal_ models that abstract away from the underlying mechanistic details and provide generalisations? Detailed mechanistic models may afford a complete and precise account of consciousness in human beings and other, physiologically similar mammals. But they do not provide a good model of consciousness in other animals, such as non-vertebrates, let alone artificial systems. Minimal models can be applicable to a wide (...) range of different conscious systems. But do they provide genuine explanations that are autonomous from explanations by detailed mechanistic models? This paper provides a taxonomy of minimal models and measures of consciousness, clarifies their relation to detailed mechanistic models, and highlights benefits of different minimalist approaches to consciousness. (shrink)

Terrence Deacon has described three orders of emergence; Arthur Peacocke and others have suggested four levels of human systems and sciences; and Philip Clayton has postulated an additional, transcendent, level. Orders and levels describe distinct aspects of emergence, with orders characterizing topological complexity and levels characterizing theoretical knowledge and causal power. By using Deacon's orders to analyze and relate each of the four "lower" levels one can project that analysis on the transcendent level to gain insight into the (...) teleodynamic emergence of transcendent-level systems. I argue that cross-cultural interactions among human cultural-level systems results in the emergence of the "universal" transcendental norms historically characterized as the Greek Good, Beauty, and Truth. These norms require a dynamic existence that I characterize as the emergence of Spirit, using Josiah Royce's community of interpretation, and that I suggest provides a pragmatic clarification of Clayton's transcendent level. An understanding of those emergent norms clarifies ethical systems, highlights the importance of aesthetics in understanding scientific systems, and suggests the necessity of community in fruitful science-and-religion dialogue on human systems. (shrink)

Can autonomous systems replace humans in the performance of their activities? How does the answer to this question inform the design of autonomous systems? The study of technical systems and their features should be preceded by the study of the activities in which they play roles. Each activity can be described by its overall goals, governing norms and the intermediate steps which are taken to achieve the goals and to follow the norms. This paper uses the activity (...) realist approach to conceptualize autonomous systems in the context of human activities. By doing so, it first argues for epistemic and logical conditions that illustrate the limitations of autonomous systems in tasks which they can and cannot perform, and then, it discusses the ramifications of the limitations of system autonomy on the design of autonomous systems. (shrink)

Management cybernetics has been in development since the 1960s, although its implementation has been relatively modest. Two of the best-known proposals are Beer’s Viable System Model and Steinbruner’s Cybernetic Theory of Decision. Both are homeostatic systems, inspired by living organisms. Professor Juan A. Pérez López (1934–1996) argued that homeostatic systems are not fully appropriated for human beings, and proposed instead the “Freely Adaptive System” (FAS) model to explain the dynamics of an organization formed by two dynamic (...) class='Hi'>human systems. This model, although it is within the management cybernetic paradigm, and does not propose any anthropological philosophy, is consistent with several features of the Aristotelian anthropological tradition, including epistemology, practical reason, and virtues. The FAS model can help as a compass for decision making by considering three basic criteria—effectiveness, internal efficiency and consistency—when two persons—an active agent and a reactive agent—interact repeatedly. The model sheds light on the interdependence of ethics and efficiency in successive interactions. (shrink)

The 20th century is known as a period of awakening and radical movements in the history. New systems of thought emerged during this period. Some systems of thought expressed a direct return to man. The beginning of the return to man was set by S.Kierkegaard with his views related to existentialism. The emergence of existentialism as a philosophical system coincides with the period after the First World War. In this period, the loss of previous values, the problem of (...) secularism, and the failure of the Enlightenment philosophy to justify itself are among the main problems. Existentialism began to take shape in Germany and France at about the same time, and in a short time it spread to many parts of the world - Italy, Spain, Latin America, India, England, the United States, Japan, etc. spread to countries. In Russia, the school of existentialism was created by N. Berdyayev and L. Shestov, and the German existentialism was created by Martin Heidegger and Karl Jaspers. The prominent representatives of French existentialism are Gabriel Marcel (1899), Jean Paul Sartre (1905-1980), Simone de Bavoir (1908-1986) and Albert Camus (1913-1960). It was Jean-Paul Sartre who perfectly placed the idea of individual human freedom at the center of his work. There are two important points in Sartre's philosophy: existence in itself and existence for itself. Sartre writes that; what is generally called consciousness is individual. The purpose of consciousness is to make existence for us. This is the fundamental state of consciousness. The main issue that Sartre took into account is that it is impossible to look at the philosophical problems of the 20th century in the context of general concepts. According to the philosopher, the best existentialism is humanism. In addition to his philosophical novels, Sartre became famous for his existentialist philosophy, which he developed in a unique way. He was one of the thinkers who marked the 20th century with his formation of existential Marxism and his political activity. In the conditions of the Second World War, when the concept of humanity was questioned, the work "Being and Nothingness", which is original and intertwined with life in every way, explains the current state of humanity along with Sartre's philosophical ideas. (shrink)

(2011). Post-Organic Informational Condition: Hypotheses on the Nature and Role of Information in Human Systems. World Futures: Vol. 67, No. 2, pp. 93-105.

(2010). Nature's Longing for Beauty: Elegance as an Evolutionary Attractor, with Implications for Human Systems. World Futures: Vol. 66, No. 7, pp. 504-510.

What constitutes our human capacity to engage and be in the same frame of mind as another human? How do we come to share a sense of what ‘looks good’ and what ‘makes sense’? How do we handle differences and come to coexist with them? How do we come to feel that we understand what someone else is experiencing? How are we able to walk in silence with someone familiar and be sharing a peaceful space? All of these (...) aspects are part of human ‘interaction’. In designing interactive technologies designers have endeavoured to explicate, analyse and simulate, our capacity for social adaptation. Their motivations are mixed and include the desires to improve efficiency, improve consumption, to connect people, to make it easier for people to work together, to improve education and learning. In these endeavours to explicate, analyse and simulate, there is a fundamental human capacity that is beyond technology and that facilitates these aspects of being, feeling and thinking with others. That capacity, we suggest, is human entrainment. This is our ability to coordinate the timing of our behaviours and rhythmically synchronise our attentional resources. Expressed within the movements of our bodies and voices, it has a quality that is akin to music. In this paper, disparate domains of research such as pragmatics, social psychology, behaviourism, cognitive science, computational linguistics, gesture, are brought together, and considered in light of the developments in interactive technology, in order to shape a conceptual framework for understanding entrainment in everyday human interaction. (shrink)

Management involves change. The aim of this paper is to introduce a threefold classification of change with the purpose of making clear how the third type, creational change, is distinctive compared to the other two types. Four types of management situation are introduced, based on the type of change involved in the managed domain and in the management system. The role of creational change in management is discussed and a number of guidelines or suggestions relevant to this sort of management (...) are outlined. One feature of the notion of creational change is the conjecture that such change is not amenable to scientific investigation and understanding. Once creational change has produced whatever it does produce then the product may be amenable to scientific investigation and understanding but the actual unique and open process of its production will not be. One of the aims of this paper is to heighten our general awareness of creational change as different from other sorts of change. (shrink)

Autonomy has been central to moral and political philosophy for millenia, and has been positioned as a critical aspect of both justice and wellbeing. Research in psychology supports this position, providing empirical evidence that autonomy is critical to motivation, personal growth and psychological wellness. Responsible AI will require an understanding of, and ability to effectively design for, human autonomy (rather than just machine autonomy) if it is to genuinely benefit humanity. Yet the effects on human autonomy of digital (...) experiences are neither straightforward nor consistent, and are complicated by commercial interests and tensions around compulsive overuse. This multi-layered reality requires an analysis that is itself multidimensional and that takes into account human experience at various levels of resolution. We borrow from HCI and psychological research to apply a model (“METUX”) that identifies six distinct spheres of technology experience. We demonstrate the value of the model for understanding human autonomy in a technology ethics context at multiple levels by applying it to the real-world case study of an AI-enhanced video recommender system. In the process we argue for the following three claims: 1) There are autonomy-related consequences to algorithms representing the interests of third parties, and they are not impartial and rational extensions of the self, as is often perceived; 2) Designing for autonomy is an ethical imperative critical to the future design of responsible AI; and 3) Autonomy-support must be analysed from at least six spheres of experience in order to approriately capture contradictory and downstream effects. (shrink)

It is now widely accepted that a scientifically credible conception of human nature must reject the folkbiological idea of a fixed, inner essence that makes us human. We argue here that to understand human nature is to understand the plastic process of human development and the diversity it produces. Drawing on the framework of developmental systems theory and the idea of developmental niche construction we argue that human nature is not embodied in only one (...) input to development, such as the genome, and that it should not be confined to universal or typical human characteristics. Both similarities and certain classes of differences are explained by a human developmental system that reaches well out into the 'environment'. We point to a significant overlap between our account and the ‘Life History Trait Cluster’ account of Grant Ramsey, and defend the developmental systems account against the accusation that trying to encompass developmental plasticity and human diversity leads to an unmanageably complex account of human nature. (shrink)

The last decade has witnessed the mass distribution and adoption of smart home systems and devices powered by artificial intelligence systems ranging from household appliances like fridges and toasters to more background systems such as air and water quality controllers. The pervasiveness of these sociotechnical systems makes analyzing their ethical implications necessary during the design phases of these devices to ensure not only sociotechnical resilience, but to design them for human values in mind and thus (...) preserve meaningful human control over them. This paper engages in a conceptual investigations of how meaningful human control over smart home devices can be attained through design. The value sensitive design (VSD) approach is proposed as a way of attaining this level of control. In the proposed framework, values are identified and defined, stakeholder groups are investigated and brought into the design process and the technical constraints of the technologies in question are considered. The paper concludes with some initial examples that illustrate a more adoptable way forward for both ethicists and engineers of smart home devices. (shrink)

New prospects for mankind in searching for and developing new sources of energy, arms race, overcrowding and ecological crises present the human with a serious choice. The choice may relate to the further existence of people on Earth. In the context of most challenging political, economic and social crises, the tandem of natural and human sciences produces unexpected results, despite the crises accompanying these processes. This article presents a model of the society and a model of the (...) class='Hi'>human in the systemic parametrical aspect. The human is considered as part of the “society” system. The research suggests applying the systems parametric method developed by Prof. A. Uyemov in the 1960s. Humanity creates increasingly frequent bifurcation conditions for human life. As an adaptive mechanism, the human has to develop survival strategies and well-being strategies. The paper presents some aspects of the adaptive mechanisms of the 21st century man. It also considers some threats arising out of environmental variability. Cyborgization is one of such threats. The research includes dual system modelling of the “society” system based on the complementarity principle. It shows that there are two definitions which have different concepts, structures and substrates but constitute the entirety of the object of interest. (shrink)

The last decade has witnessed the mass distribution and adoption of smart home systems and devices powered by artificial intelligence systems ranging from household appliances like fridges and toasters to more background systems such as air and water quality controllers. The pervasiveness of these sociotechnical systems makes analyzing their ethical implications necessary during the design phases of these devices to ensure not only sociotechnical resilience, but to design them for human values in mind and thus (...) preserve meaningful human control over them. This paper engages in a conceptual investigations of how meaningful human control over smart home devices can be attained through design. The value sensitive design (VSD) approach is proposed as a way of attaining this level of control. In the proposed framework, values are identified and defined, stakeholder groups are investigated and brought into the design process and the technical constraints of the technologies in question are considered. The paper concludes with some initial examples that illustrate a more adoptable way forward for both ethicists and engineers of smart home devices. (shrink)

Human rights defenders (HRDs) fight for various human rights and address concerns related to corruption, employment, the environment, and other issues. They also challenge powerful state and private stakeholders and seek justice for human rights abuses. Therefore, HRDs are increasingly becoming targets of violent attacks and abuse with the aim of silencing them. This article begins by providing a brief definition of HRDs and then proceeds to outline the risks associated with their work in defending human (...) rights. It also identifies the perpetrators responsible for these violations. The article categorises the types of abuses against HRDs into two main categories, with a particular focus on the widespread tactic of using the legal system to target and silence defenders in Europe, which is also emerging globally. It introduces a taxonomy of various types of violations through the legal system. By categorising the types of violations against HRDs and establishing a taxonomy to aid in identifying these tactics, the article seeks to deepen understanding and awareness of the varied abuses experienced by HRDs, as well as their deviation from human rights standards, providing a valuable resource for academics, practitioners, and defenders. (shrink)

The lack of consensus on how to characterize humans’ capacity for belief reasoning has been brought into sharp focus by recent research. Children fail critical tests of belief reasoning before 3 to 4 years (Wellman, Cross, & Watson, 2001; Wimmer & Perner, 1983), yet infants apparently pass false belief tasks at 13 or 15 months (Onishi & Baillargeon, 2005; Surian, Caldi, & Sperber, 2007). Non-human animals also fail critical tests of belief reasoning but can show very complex social behaviour (...) (e.g., Call & Tomasello, 2005). Fluent social interaction in adult humans implies efficient processing of beliefs, yet direct tests suggest that belief reasoning is cognitively demanding, even for adults (e.g., Apperly, Samson & Humphreys, 2005). We interpret these findings by drawing an analogy with the domain of number cognition, where similarly contrasting results have been observed. We propose that the success of infants and non-human animals on some belief reasoning tasks may be best explained by a cognitively efficient but inflexible capacity for tracking belief-like states. In humans this capacity persists in parallel with later-developing, more flexible but more cognitively demanding theory of mind abilities. (shrink)

With the advent of computers in the experimental labs, dynamic systems have become a new tool for research on problem solving and decision making. A short review of this research is given and the main features of these systems (connectivity and dynamics) are illustrated. To allow systematic approaches to the influential variables in this area, two formal frameworks (linear structural equations and finite state automata) are presented. Besides the formal background, the article sets out how the task demands (...) of system identification and system control can be realised in these environments, and how psychometrically acceptable dependent variables can be derived. (shrink)

The human body is a system made of systems. The body is divided into bodily systems proper, such as the endocrine and circulatory systems, which are subdivided into many sub-systems at a variety of levels, whereby all systems and subsystems engage in massive causal interaction with each other and with their surrounding environments. Here we offer an explicit definition of bodily system and provide a framework for understanding their causal interactions. Medical sciences provide at (...) best informal accounts of basic notions such as system, process, and function, and while such informality is acceptable in documentation created for human beings, it falls short of what is needed for computer representations. In our analysis we will accordingly provide the framework for a formal definition of bodily system and of associated notions. (shrink)

The paper presents a framework to realise “meaningful human control” over Automated Driving Systems. The framework is based on an original synthesis of the results of the multidisciplinary research project “Meaningful Human Control over Automated Driving Systems” lead by a team of engineers, philosophers, and psychologists at Delft University of the Technology from 2017 to 2021. Meaningful human control aims at protecting safety and reducing responsibility gaps. The framework is based on the core assumption that (...) human persons and institutions, not hardware and software and their algorithms, should remain ultimately—though not necessarily directly—in control of, and thus morally responsible for, the potentially dangerous operation of driving in mixed traffic. We propose an Automated Driving System to be under meaningful human control if it behaves according to the relevant reasons of the relevant human actors (tracking), and that any potentially dangerous event can be related to a human actor (tracing). We operationalise the requirements for meaningful human control through multidisciplinary work in philosophy, behavioural psychology and traffic engineering. The tracking condition is operationalised via a proximal scale of reasons and the tracing condition via an evaluation cascade table. We review the implications and requirements for the behaviour and skills of human actors, in particular related to supervisory control and driver education. We show how the evaluation cascade table can be applied in concrete engineering use cases in combination with the definition of core components to expose deficiencies in traceability, thereby avoiding so-called responsibility gaps. Future research directions are proposed to expand the philosophical framework and use cases, supervisory control and driver education, real-world pilots and institutional embedding. (shrink)

Research on human infants, adult nonhuman primates, and children and adults in diverse cultures provides converging evidence for four systems at the foundations of human knowledge. These systems are domain specific and serve to represent both entities in the perceptible world (inanimate manipulable objects and animate agents) and entities that are more abstract (numbers and geometrical forms). Human cognition may be based, as well, on a fifth system for representing social partners and for categorizing the (...) social world into groups. Research on infants and children may contribute both to understanding of these systems and to attempts to overcome misconceptions that they may foster. (shrink)

The last decade has witnessed the mass distribution and adoption of smart home systems and devices powered by artificial intelligence systems ranging from household appliances like fridges and toasters to more background systems such as air and water quality controllers. The pervasiveness of these sociotechnical systems makes analyzing their ethical implications necessary during the design phases of these devices to ensure not only sociotechnical resilience, but to design them for human values in mind and thus (...) preserve meaningful human control over them. This paper engages in a conceptual investigations of how meaningful human control over smart home devices can be attained through design. The value sensitive design (VSD) approach is proposed as a way of attaining this level of control. In the proposed framework, values are identified and defined, stakeholder groups are investigated and brought into the design process and the technical constraints of the technologies in question are considered. The paper concludes with some initial examples that illustrate a more adoptable way forward for both ethicists and engineers of smart home devices. (shrink)

Society is at a crossroads. Interconnected systems, radical transparency, and rapidly increasing sophistication in skills, communications, and technologies provide a unique context for fostering social innovation at a planetary scale. We argue that unprecedented rates of systemic social change are possible for co-creating a future where humans and all life can thrive. Yet, this requires innovation in the conceptions, practice, teaching, and researching of social innovation itself to reimagine what it is and can be. As a multidisciplinary group of (...) academics, practitioners, and educators, we integrate our perspectives on social innovation and humanistic management to suggest the notion of systemic social innovation. We introduce the concept of “transformative collaboration” as central to facilitating systemic social innovation and propose a multilevel model for accelerating systems change. We then develop an integrated framework for conceptualizing systemic social innovation. Four levels of social impact are identified, and these levels are bracketed with a call for transforming individual consciousness at the micro level and new collective mindsets at the macro level. Blooom is presented as a case study to illustrate transformative collaboration, demonstrate the role of mindset shift in practice, and introduce four key ingredients to systemic social innovation. Finally, a call to action is issued for social innovation practice, teaching, and research. Most importantly, we seek to inspire and accelerate systemic social innovation that enables the flourishing of every human being and all life on earth. (shrink)

The purpose of this study is to examine how workgroup diversity can be managed through specific strategic human resource management systems. Our review shows that ‘affirmative action’ and traditional ‘diversity management’ approaches have failed to simultaneously achieve business and social justice outcomes of diversity. As previous literature has shown, the benefits of diversity cannot be achieved with isolated interventions. To the contrary, a complete organizational culture change is required, in order to promote appreciation of individual differences. The paper (...) contributes to this discussion by exploring the implications of this change for human resource management, and explaining how the systems of practices should be changed when they are directed to diverse groups. The model designed to test this notion includes: (1) demographic and human capital diversity as independent variables, (2) group performance (measured as innovation outcomes) as the dependent variable and, (3) the orientation of the strategic human resource management system as a potential moderator of this relationship. The main conclusion of the empirical analysis developed is that different patterns of human resource management practices can be used, depending on the type of diversity that the organization faces, and the specific effects that it wishes to manage. Concretely, three alternative management systems are identified in this paper, with different moderating effects. This result has interesting implications for human resource management professionals, explained in the last section. The limitations of this study are also discussed, as well as some issues that future research in this field should address. (shrink)

This study concerns the sociotechnical bases of human autonomy. Drawing on recent literature on AI ethics, philosophical literature on dimensions of autonomy, and on independent philosophical scrutiny, we first propose a multi-dimensional model of human autonomy and then discuss how AI systems can support or hinder human autonomy. What emerges is a philosophically motivated picture of autonomy and of the normative requirements personal autonomy poses in the context of algorithmic systems. Ranging from consent to data (...) collection and processing, to computational tasks and interface design, to institutional and societal considerations, various aspects related to sociotechnical systems must be accounted for in order to get the full picture of potential effects of AI systems on human autonomy. It is clear how human agents can, for example, via coercion or manipulation, hinder each other’s autonomy, or how they can respect each other’s autonomy. AI systems can promote or hinder human autonomy, but can they literally respect or disrespect a person’s autonomy? We argue for a philosophical view according to which AI systems—while not moral agents or bearers of duties, and unable to literally respect or disrespect—are governed by so-called “ought-to-be norms.” This explains the normativity at stake with AI systems. The responsible people (designers, users, etc.) have duties and ought-to-do norms, which correspond to these ought-to-be norms. (shrink)

It is held that the quality of the working environment afforded to an individual critically affects the health and well-being of that individual. This has consequences for both the quality of work which that individual can actually perform, and for the quality of the society in which that individual has a place. Conceptions of a fit working environment have led to the idea of a human-centred system, and this idea is applicable to the area of knowledge-based systems (KBS). (...) A system structure is discussed, which permits a human-centred approach to be adopted towards KBS design. It is held that the performance of such a system will generally exceed that of unaided KBS operation. (shrink)

The article aims to provide a general framework for assessing and categorizing the cognitive systems of human and non-human animals. Our approach stems from biosemiotic, ethological, and phenomenological investigations into the relations of organisms to one another and to their environment. Building on the analyses of Merleau-Ponty and Portmann, organismal bodies and surfaces are distinguished as the base for sign production and interpretation. Following the concept of modelling systems by Sebeok, we develop a concentric model of (...) human and non-human animal cognition that posits three intertwined spheres: corporeity, social communication, and culture. The model explicitly works with the pluralistic perspective that views the communication and cognition of humans as distinct, but not superior to those of non-human animals. Our position is substantiated by two case studies: the first one focuses on the acquisition and spread of nut-cracking technique among the chimpanzees in the Täi forest, the second one on the communication and cognition of deafblind persons. From an epistemological perspective, our paper is a contribution to contemporary attempts to link biosemiotics and ethology with phenomenological concepts of agency, living bodies, and lifeworld. (shrink)

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative (...) and policy amendments in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)