To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality (...) lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law. (shrink)

Ronald Dworkin’s theory of equality has exerted a strong gravitational force over Canadian equality rights doctrine for more than two decades. And although Dworkin is never cited in the Supreme Court of Canada’s equality rights cases, his shadow is plainly visible in the reception of the right to ‘equal concern and respect’ in Andrews (1989), and the ‘right to moral independence’ in Law v Canada (1999).Although this paper assesses the extent to which Dworkin’s theory of equality has been received in (...) Canadian law, it also engages in debates between Dworkin and his critics that developed as Dworkin defended and modified his theory of rights and equality over the years. The debates between Dworkin and his critics are invaluable for interpreting Canadian constitutional jurisprudence, I will argue, because the Supreme Court does not always adequately justify the conceptions of equality, dignity, etc. that it incorporates into constitutional law. Indeed, it is not always evident that the Court is aware that it is choosing among alternative conceptions, rather than straightforwardly interpreting a determinate constitutional text. The payoff from a parallel study of Dworkin and the equality rights doctrine of the Supreme Court is the identification of resources from the academic debate that can be commended for the development of a more sound and stable constitutional doctrine. (shrink)

This paper uses the framework of Popper and Miller's work on axiom systems for conditional probabilities to explore Adams' thesis concerning the probabilities of conditionals. It is shown that even very weak axiom systems have only a very restricted set of models satisfying a natural generalisation of Adams' thesis, thereby casting severe doubt on the possibility of developing a non-Boolean semantics for conditionals consistent with it.

This paper considers whether states have a duty to accept those who cross borders to escape environmental disasters associated with climate change. It then examines how such a responsibility might be distributed, focusing on the predicament of the citizens of small island states expected to be inundated by rising sea levels. In assessing states' responsibility to admit these individuals, I draw on Walzer's theory of mutual aid, demonstrating that even under this narrow conception of states' obligations, a duty to accept (...) displaced islanders can be established. However, the proximity principle is ill-suited to determining which states should shoulder responsibility in this situation. Drawing on Miller's account of remedial responsibility and his ‘connection theory,’ I suggest that the obligation to accept ‘environmental refugees’ should be shouldered principally by affluent states that share significant degrees of causal and moral responsibility for climate change, and also have particularly strong capacities to assist the displaced. (shrink)

In order to speak in the voice of “the pervert,” psychoanalysis inevitably find itself performing the classic rhetorical act of prosopopoeia whereby an imagined, absent, or dead person is represented as speaking. To re-read Jacques-Alain Miller’s classic essay “On Perversion” (1996), for example, we find that the pervert is adjudged to be “unspeakable”—in every sense of that word—and so they can only be ventriloquized by the figure of the analyst. If the analyst seeks to speak on behalf of the (...) pervert, however, this essay argues that the perverse speech act is itself a form of prosopopoeia which can ventriloquize the subject position of the hysteric, the neurotic, the psychotic, and even the analyst themselves. In conclusion, the essay argues that Miller’s account of the relationship between the analyst and the pervert, where each are seen to ventriloquize the other, bespeaks of a certain prosopopophilia—a love of prosopopoeia—that is the condition of being a speaking subject in the first place: I am always speaking for and as the other—even or especially when I am speaking as “myself.”. (shrink)

General Series Editors: Gay Wilson Allen and Sculley Bradley Originally published between 1961 and 1984, and now available in paperback for the first time, the critically acclaimed Collected Writings of Walt Whitman captures every facet of one of America's most important poets. In discussing letter-writing, Whitman made his own views clear. Simplicity and naturalness were his guidelines. ”I like my letters to be personal—very personal—and then stop.“ The six volumes in The Correspondence comprise nearly 3,000 letters written over a (...) half century, revealing Whitman the person as no other documents can. This volume, together with Volume V, covers the last seven years of Whitman’s life, giving an almost day-by-day account of his long struggle with various ailments, his stoical acceptance of constant pain, but also his continuing energy. This period saw his supervision and publication of two complete editions of Leaves of Grass, as well as November Boughs and Good-bye My Fancy. Although Whitman himself admitted that many of his later poems were “pot boilers,” designed primarily to make money, his recognition and popularity continued to grow as his health declined. His poems were printed seemingly everywhere and the volume of critical commentary increased. Unlike many of his contemporaries, Whitman did not suffer from neglect of indifference. (shrink)

Dmitri Nikulin is one of the few contemporary philosophers to have devoted books to the topic of dialogue and the dialogical self, especially in the last fifteen years. Yet his work on dialogue and the dialogical has received scant attention by philosophers, and this neglect has hurt the ongoing development of contemporary philosophical work on dialogicality. I want to address this lacuna in contemporary philosophical scholarship on dialogicality and suggest that, although Nikulin’s account is no doubt insightful and thought-provoking, it (...) is problematic for two main reasons: first, his account fails to recognize the proper relationship between dialogue and agency; and second, his enumeration of the necessary and sufficient conditions for dialogue contains conceptual inconsistencies. (shrink)

In 1996, L. S Cousins published a groundbreaking piece on paths of monastic practice titled ‘Scholar Monks and Meditator Monks Revisited’. As the title suggests, this work reconsiders the role of two types of monks, doing so by closely analyzing a famous sutta that depicts a strong dispute between jh?yins or ‘meditators’ and dhammayogas, whom scholarship has almost universally defined as ‘scholars’. Because of this, almost all have interpreted this debate as the first sign in early Indian Buddhism of a (...) great bifurcation in the sa?gha between those concentrating on book learning and those concentrating on practice — a split that became more and more marked over the centuries until the division became more or less official in medieval Sri Lanka. Cousins convincingly contests this history, with one of his main points being that the dhammayogas were not at all just scholars. Like the meditators, theirs was a practical path that resulted in profound realization of the Dhamma, albeit a different path from that of the meditators. Cousins then goes even further, arguing that the split between scholars and meditators is not very evident in South Asian Buddhist history until the time of Buddhaghosa and thereafter. My intention here is to respond as fully as possible to Cousins’ methods and conclusions, by offering evidence and arguments that sometimes support his work further and sometimes critique his work. This is done in the spirit of spurring on more discussions on this important, complex, and contested issue. (shrink)

Dmitri Nikulin is one of the few contemporary philosophers to have devoted books to the topic of dialogue and the dialogical self, especially in the last fifteen years. Yet his work on dialogue and the dialogical has received scant attention by philosophers, and this neglect has hurt the ongoing development of contemporary philosophical work on dialogicality. I want to address this lacuna in contemporary philosophical scholarship on dialogicality and suggest that, although Nikulin’s account is no doubt insightful and thought-provoking, it (...) is problematic for two main reasons: first, his account fails to recognize the proper relationship between dialogue and agency; and second, his enumeration of the necessary and sufficient conditions for dialogue contains conceptual inconsistencies. (shrink)

Volume 20, Issue 7, July 2020, Page W15-W16.

In their important paper “Autonomous Agents”, Floridi and Sanders use “levels of abstraction” to argue that computers are or may soon be moral agents. In this paper we use the same levels of abstraction to illuminate differences between human moral agents and computers. In their paper, Floridi and Sanders contributed definitions of autonomy, moral accountability and responsibility, but they have not explored deeply some essential questions that need to be answered by computer scientists who design artificial agents. One such question (...) is, “Can an artificial agent that changes its own programming become so autonomous that the original designer is no longer responsible for the behavior of the artificial agent?” To explore this question, we distinguish between LoA1 (the user view) and LoA2 (the designer view) by exploring the concepts of unmodifiable, modifiable and fully modifiable tables that control artificial agents. We demonstrate that an agent with an unmodifiable table, when viewed at LoA2, distinguishes an artificial agent from a human one. This distinction supports our first counter-claim to Floridi and Sanders, namely, that such an agent is not a moral agent, and the designer bears full responsibility for its behavior. We also demonstrate that even if there is an artificial agent with a fully modifiable table capable of learning* and intentionality* that meets the conditions set by Floridi and Sanders for ascribing moral agency to an artificial agent, the designer retains strong moral responsibility. (shrink)

The question of how to handle incidental findings has sparked a heated debate among neuroimaging researchers and medical ethicists, a debate whose urgency stems largely from the recent explosion in the number of imaging studies being conducted and in the sheer volume of scans being acquired. Perhaps the point of greatest controversy within this debate is whether the magnetic resonance imaging scans of all research participants should be reviewed in an active search for pathology and, moreover, whether this search should (...) be performed by a radiologist. Resistance to routine readings performed by radiologists, as opposed to selective review of those scans on which investigators have spotted a possible IF, has been fueled in part by the obvious and enormous cost — financial and logistical — of engaging radiologists to read massive numbers of scans. This cost would be especially burdensome, even prohibitive, to investigators who are not affiliated with a medical center, because of their limited access to radiologists and other medical expertise. (shrink)

We weigh the presumed benefts of routinely searching all research scans for incidental fndings against its substantial risks, including false-positive and false-negative fndings, and the possibility of triggering unnecessary, costly evaluations and perhaps harmful treatments. We argue that routinely searching for IFs may not maximize benefts and minimize risks to participants.

As software developers design artificial agents , they often have to wrestle with complex issues, issues that have philosophical and ethical importance. This paper addresses two key questions at the intersection of philosophy and technology: What is deception? And when is it permissible for the developer of a computer artifact to be deceptive in the artifact’s development? While exploring these questions from the perspective of a software developer, we examine the relationship of deception and trust. Are developers using deception to (...) gain our trust? Is trust generated through technological “enchantment” warranted? Next, we investigate more complex questions of how deception that involves AAs differs from deception that only involves humans. Finally, we analyze the role and responsibility of developers in trust situations that involve both humans and AAs. (shrink)

A twenty‐person working group convened to discuss the ethical and policy considerations of the controversial intervention called “growth attenuation,” and if possible to develop practical guidance for health professionals. A consensus proved elusive, but most of the members did reach a compromise.

A twenty‐person working group convened to discuss the ethical and policy considerations of the controversial intervention called “growth attenuation,” and if possible to develop practical guidance for health professionals. A consensus proved elusive, but most of the members did reach a compromise.

We consider embeddings of structures which preserve spectra: if g: M → S with S computable, then M should have the same Turing degree spectrum (as a structure) that g(M) has (as a relation on S). We show that the computable dense linear order L is universal for all countable linear orders under this notion of embedding, and we establish a similar result for the computable random graph G. Such structures are said to be spectrally universal. We use our results (...) to answer a question of Goncharov, and also to characterize the possible spectra of structures as precisely the spectra of unary relations on G. Finally, we consider the extent to which all spectra of unary relations on the structure L may be realized by such embeddings, offering partial results and building the first known example of a structure whose spectrum contains precisely those degrees c with c′ ≥T 0″. (shrink)

In this essay we argue that the current social and ethical structure in the Open Source Software Community stem from its roots in academia. The individual developers experience a level of autonomy similar to that of a faculty member. Furthermore, we assert that the Open Source Software Community’s social structure demands benevolent leadership. We argue that it is difficult to pass off low quality open source software as high quality software and that the Open Source development model offers strong accountability. (...) Finally, we argue that Open Source Software introduces ethical challenges for universities and the software development community. (shrink)

"The Rules" are found in a collaborative document that states principles for responsibility when a computer artifact is designed, developed and deployed into a sociotechnical system. At this writing, over 50 people from nine countries have signed onto The Rules. Unlike codes of ethics, The Rules are not tied to any organization, and computer users as well as computing professionals are invited to sign onto The Rules. The emphasis in The Rules is that both users and professionals have responsibilities in (...) the production and use of computing artifacts. In this paper, we use The Rules to examine issues of trust. (shrink)

Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.

Fiduciary law is one of the most important areas of law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties of loyalty fiduciaries owe to their beneficiaries.

We contend that software developers have an ethical responsibility to strive for reliable software. We base that obligation on long standing engineering traditions that place the public good as a central tenant and on the professional relationship between a software developer and the users of the software developed.

Martha A. Hall’s artists’ books documenting her experience of living with breast cancer offer future health professionals a unique opportunity to sit in the patient’s position of vulnerability and fear. Hall’s books have become a cornerstone of our medical humanities pedagogy at the Maine Women Writers Collection because of their emotional directness and their impact on readers. This essay examines the ways that Hall’s call for conversation with healthcare providers is enacted at the University of New England and provides a (...) model for how such works might be used at other educational institutions to encourage empathy between practitioners and patients by engaging in conversations about anger, fear, and other common reactions to life-threatening illness. We explore the unruly nature of Martha A. Hall’s narratives of illness and care, as well as how the form of the books themselves engages the reader in a deep relationship with Hall’s personal pain and her humanity itself. We explore, too, the cumulative effect of these powerful books on readers who handle them regularly, as we do in our roles as professor and archivist. (shrink)

There is a growing literature on the concept of e-trust and on the feasibility and advisability of “trusting” artificial agents. In this paper we present an object-oriented model for thinking about trust in both face-to-face and digitally mediated environments. We review important recent contributions to this literature regarding e-trust in conjunction with presenting our model. We identify three important types of trust interactions and examine trust from the perspective of a software developer. Too often, the primary focus of research in (...) this area has been on the artificial agents and the humans they may encounter after they are deployed. We contend that the humans who design, implement, and deploy the artificial agents are crucial to any discussion of e-trust and to understanding the distinctions among the concepts of trust, e-trust and face-to-face trust. (shrink)

John Heil’s new book ranges over many of the major topics in metaphysics, including substance, properties, causation, space, time, parts and wholes, modality, essence, agency, and consciousness. It has interesting things to say about all of the issues it discusses, but there are three topics that are especially prominent in the book, and which help to organize the discussion. These all flow from the differences between our everyday, commonsense understanding of reality and the representations that are offered by science.

A vision of a living code of ethics is proposed to counter the emphasis on negative phenomena in the study of organizational ethics. The living code results from the harmonious interaction of authentic leadership, five key organizational processes (attraction–selection–attrition, socialization, reward systems, decision-making and organizational learning), and an ethical organizational culture (characterized by heightened levels of ethical awareness and a positive climate regarding ethics). The living code is the cognitive, affective, and behavioral manifestation of an ethical organizational identity. We draw (...) on business ethics literature, positive organizational scholarship, and management literature to outline the elements of positive ethical organizations as those exemplary organizations consistently practicing the highest levels of organizational ethics. In a positive ethical organization, the right thing to do is the only thing to do. (shrink)

Fraïssé studied countable structures S through analysis of the age of S i.e., the set of all finitely generated substructures of S. We investigate the effectiveness of his analysis, considering effectively presented lists of finitely generated structures and asking when such a list is the age of a computable structure. We focus particularly on the Fraïssé limit. We also show that degree spectra of relations on a sufficiently nice Fraïssé limit are always upward closed unless the relation is definable by (...) a quantifier-free formula. We give some sufficient or necessary conditions for a Fraïssé limit to be spectrally universal. As an application, we prove that the computable atomless Boolean algebra is spectrally universal. (shrink)

This book updates and adds to the classic Social Movements of the Sixties and Seventies, showing how social movement theory has grown and changed.

Whole eye transplantation (WET) remains experimental. Long presumed impossible, recent scientific advances regarding WET suggest that it may become a clinical reality. However, the ethical implications of WET as an experimental therapeutic strategy remain largely unexplored. This article evaluates the ethical considerations surrounding WET as an emerging experimental treatment for vision loss. A thorough review of published literature pertaining to WET was performed; ethical issues were identified during review of the articles.

Purpose This paper aims to explore the ethical and social impact of augmented visual field devices, identifying issues that AVFDs share with existing devices and suggesting new ethical and social issues that arise with the adoption of AVFDs. Design/methodology/approach This essay incorporates both a philosophical and an ethical analysis approach. It is based on Plato’s Allegory of the Cave, philosophical notions of transparency and presence and human values including psychological well-being, physical well-being, privacy, deception, informed consent, ownership and property and (...) trust. Findings The paper concludes that the interactions among developers, users and non-users via AVFDs have implications for autonomy. It also identifies issues of ownership that arise because of the blending of physical and virtual space and important ways that these devices impact, identity and trust. Practical implications Developers ought to take time to design and implement an easy-to-use informed consent system with these devices. There is a strong need for consent protocols among developers, users and non-users of AVFDs. Social implications There is a social benefit to users sharing what is visible on their devices with those who are in close physical proximity, but this introduces tension between notions of personal privacy and the establishment and maintenance of social norms. Originality/value There is new analysis of how AVFDs impact individual identity and the attendant ties to notions of ownership of the space between an object and someone’s eyes and control over perception. (shrink)