[1] Yotse la-or ʻal yede ṭalmidaṿ shomʻe liḳḥo be-yerakh ha-eṭanim di-shenaṭ 2016 -- [2] Yotse la-or ʻal yede ṭalmidaṿ shomʻe liḳḥo be-yerakh ha-eṭanim di-shenaṭ 2018.

-- -- ḥeleḳ 3. Shaʻar ha-teḥinah -- ḥeleḳ 4. Shaʻar ha-segulot.

Decision-making capacity (DMC) plays an important role in clinical practice—determining, on the basis of a patient’s decisional abilities, whether they are entitled to make their own medical decisions or whether a surrogate must be secured to participate in decisions on their behalf. As a result, it’s critical that we get things right—that our conceptual framework be well-suited to the task of helping practitioners systematically sort through the relevant ethical considerations in a way that reliably and transparently delivers correct verdicts about (...) who should and should not have the authority to make their own medical decisions. Unfortunately, however, the standard approach to DMC does not get things right. It is of virtually no help in identifying and clarifying the relevant ethical considerations. And, embedded in the prevailing anti-paternalist paradigm, DMC assessments obfuscate and distort the underlying ethical justification for granting or withholding decisional authority. Here, we describe the core commitments of the standard approach to DMC and then highlight three problems with it. We then argue that these problems are significant enough that they call for more than merely tinkering and fine tuning—variations of the standard approach cannot adequately address them. Instead, we should ditch DMC. (shrink)

Adam and Eve have the same record yet receive different punishments. Adam receives the punishment that they both deserve, whereas Eve receives a more lenient punishment. In this article, we explore whether a deserved-but-unequal punishment, such as what Adam receives, can be just. We do this by explicating the conceptions of retributive justice that underlie both sides of the debate. We argue that inequality in punishment is disturbing mainly because of the disrespect it often expresses towards the offender receiving the (...) harsher treatment, and also because it casts doubt on whether Adam got what he deserved. We suggest that when no disrespect is involved and when it is clear that the criminal got what he deserved, inequality is not worrisome. (shrink)

This volume addresses the relationship between law and neoliberalism. Assembling work from established and emerging legal scholars, political theorists, philosophers, historians and sociologists from around the world, including the Americas, Australia, Europe and the United Kingdom, it addresses the conceptual, legal, and political relationships between liberal legality and neoliberal economics. More specifically, the book analyses the role that legality plays in the dominant economic force of our time: offering both a legal corrective to scholarship in economics and political economy that (...) has paid insufficient attention to legal ideas and, at the same time, a political economic corrective to legal scholarship which has only recently turned to theorizing neoliberalism. It will be of enormous interest to those working at the intersection of law and politics in our neoliberal age. (shrink)

Navin, Brummett, and Wasserman (2022) argue—successfully, we think—that the standard “comparative” account of decision-making capacity (DMC) fails to capture an important range of cases in which a...

To explain the phenomenon that certain English verbs resist passivization, Pinker proposed a semantic constraint on the passive in the adult grammar: The greater the extent to which a verb denotes an action where a patient is affected or acted upon, the greater the extent to which it is compatible with the passive. However, a number of comprehension and production priming studies have cast doubt upon this claim, finding no difference between highly affecting agent-patient/theme-experiencer passives and non-actional experiencer theme passives. (...) The present study provides evidence that a semantic constraint is psychologically real, and is readily observed when more fine-grained independent and dependent measures are used. We conclude that a semantic constraint on the passive must be incorporated into accounts of the adult grammar. (shrink)

Pickering, Newton-Howes, and Young argue for externalism about competence—the view that “welfare judgments are part of judgments about competence” and posit an “explanatory connection” betwe...

We have identified an emerging tool being used by the UK government across a range of public bodies in the service of public policy - the online targeted advertising infrastructure and the practices, consultancy firms, and forms of expertise which have grown up around it. This reflects an intensification and adaptation of a broader ‘behavioural turn’ in the governmentality of the UK state and the increasing sophistication of everyday government communications. Contemporary UK public policy is fusing with the powerful tools (...) for behaviour change created by the platform economy. Operational data and associated systems of classification and profiling from public bodies are being hybridised with traditional consumer marketing profiles and then ‘projected’ onto the classification systems of the targeted advertising infrastructures. This is not simply a case of algorithms being used for sorting, surveilling, and scoring; rather this suggests that targeted interventions in the cultural and behavioural life of communities are now a core part of governmental power which is being algorithmically-driven, in combination with influencer networks, traditional forms of messaging, and frontline operational practices. We map these uses and practices of what we describe as the ‘Surveillance Influence Infrastructure’, identifying key ethical issues and implications which we believe have yet to be fully investigated or considered. What we find particularly striking is the coming-together of two separate structures of power - the governmental turn to behaviourism and prevention on one hand, and the infrastructures of targeting and influence on the other. We theorise this as a move beyond ‘nudge’ or ‘behavioural science’ approaches, towards a programme which we term ‘influence government’. (shrink)

In jurisdictions where voluntary assisted dying is legal, eligibility assessments, prescription and administration of a VAD substance are commonly performed by senior doctors. Junior doctors’ involvement is limited to a range of more peripheral aspects of patient care relating to VAD. In the Australian state of Victoria, where VAD has been legal since June 2019, all health professionals have a right under the legislation to conscientiously object to involvement in the VAD process, including provision of information about VAD. While this (...) protection appears categorical and straightforward, conscientious objection to VAD-related care is ethically complex for junior doctors for reasons that are specific to this group of clinicians. For junior doctors wishing to exercise a conscientious objection to VAD, their dependence on their senior colleagues for career progression creates unique risks and burdens. In a context where senior colleagues are supportive of VAD, the junior doctor’s subordinate position in the medical hierarchy exposes them to potential significant harms: compromising their moral integrity by participating, or compromising their career progression by objecting. In jurisdictions intending to provide all health professionals with meaningful conscientious objection protection in relation to VAD, strong specific support for junior doctors is needed through local institutional policies and culture. There are no data in this work. (shrink)

Empirical research into the ethics of emerging technologies, often involving foresight studies, technology assessment or application of the precautionary principle, raises significant epistemological challenges by failing to explain the relative epistemic status of contentious normative claims about future states. This weakness means that it is unclear why the conclusions reached by these approaches should be considered valid, for example in anticipatory ethical assessment or governance of emerging technologies. This paper explains and responds to this problem by proposing an account of (...) how the epistemic status of uncertain normative claims can be established in ethical and political discourses based on Jürgen Habermas’ discourse ethics. To better understand the nature of the problem, the relationship between norms, facts and the future is explored in light of potential meta-ethical fallacies faced in the field of empirical ethics. Weaknesses of current approaches to anticipatory ethical assessment and governance are then explored, including the Precautionary Principle and Technology Assessment. We argue that the epistemic status of uncertain normative claims can be understood within Habermas’ approach to political discourse, which requires ‘translation’ of uncertain claims to be comprehensible to other stakeholders in discourse. Translation thus provides a way to allow for uncertain normative claims to be considered alongside other types of validity claims in discourse. The paper contributes a conceptual account of the epistemic status of uncertain normative claims in discourse and begins to develop a ‘methodology of translation’ which can be further developed for approaches to research and ethical assessment supporting anticipatory evidence-based policy, governance and system design. (shrink)

Safeguarding GenAI models against threats and aligning them with security requirements is imperative yet challenging. This chapter provides an overview of the security landscape for generative models. It begins by elucidating common vulnerabilities and attack vectors, including adversarial attacks, model inversion, backdoors, data extraction, and algorithmic bias. The practical implications of these threats are discussed, spanning domains like finance, healthcare, and content creation. The narrative then shifts to exploring mitigation strategies and innovative security paradigms. Differential privacy, blockchain-based provenance, quantum-resistant algorithms, (...) and human-guided reinforcement learning are analyzed as potential techniques to harden generative models. Broader ethical concerns surrounding transparency, accountability, deepfakes, and model interpretability are also addressed. The chapter aims to establish a conceptual foundation encompassing both the technical and ethical dimensions of security for generative AI. It highlights open challenges and lays the groundwork for developing robust, trustworthy, and human-centric solutions. The multifaceted perspective spanning vulnerabilities, implications, and solutions is intended to further discourse on securing society’s growing reliance on generative models. Frontier model security is discussed using Anthropic proposed approach. (shrink)