Where sporting games may be said to epitomize our species’ unique agential capacity for playful movement, sports played in nature differ from their equivalent played indoors in that they envelop the human agent within the living physical environment from which our agency originates. In this paper, we draw attention to how sporting sites differ according to origin by pursuing a biosemiotic line of reasoning. Here, the story of a meaningful human life begins with the eukaryotic cell, even though the human (...) subject itself arises much later. As such, the story of nature in relation to our agency, here, in sports, changes too. We present key concepts from biosemiotics, including its continuum life-as-semiotic-agency view, Umwelt, metasemiosis, and semiotic scaffolding to advance our argument that naturogenic sporting sites provide continuity to the macro processes that have generated our semiotic ability to play. Meanwhile, secluded anthropogenic environments constitute yet another discontinuity for the modern sportsperson where the moving body steps into an anthroposemiotic loop and its restricted signscapes from centralized agency. We conclude on the primacy of naturogenic sporting sites as they preserve the quality and complexity of animal ludens’ constitutive relations and therefrom semiotic freedom, on which current and future gameplaying depends. (shrink)

The antihero prevails in recent American drama television series. Characters such as mobster kingpin Tony Soprano, meth cook and gangster-in-the-making Walter White and serial killer Dexter Morgan are not morally good, so how do these television series make us engage in these morally bad main characters? And what does this tell us about our moral psychological make-up, and more specifically, about the moral psychology of fiction? Vaage argues that the fictional status of these series deactivates rational, deliberate moral evaluation, making (...) the spectator rely on moral emotions and intuitions that are relatively easy to manipulate with narrative strategies. Nevertheless, she also argues that these series regularly encourage reactivation of deliberate, moral evaluation. In so doing, these fictional series can teach us something about ourselves as moral beings—what our moral intuitions and emotions are, and how these might differ from deliberate, moral evaluation. (shrink)

A new theory is taking hold in neuroscience. It is the theory that the brain is essentially a hypothesis-testing mechanism, one that attempts to minimise the error of its predictions about the sensory input it receives from the world. It is an attractive theory because powerful theoretical arguments support it, and yet it is at heart stunningly simple. Jakob Hohwy explains and explores this theory from the perspective of cognitive science and philosophy. The key argument throughout The Predictive Mind (...) is that the mechanism explains the rich, deep, and multifaceted character of our conscious perception. It also gives a unified account of how perception is sculpted by attention, and how it depends on action. The mind is revealed as having a fragile and indirect relation to the world. Though we are deeply in tune with the world we are also strangely distanced from it. (shrink)

Virtue ethics is traditionally a conservative project. It analyses the virtues that humanity has been relying on since antiquity. This conservatism unduly limits the potential of virtue ethics to contribute to moral progress. Instead, we should pay more attention to constructionist virtue ethics with the help of conceptual engineering. I will argue that revising and ameliorating the virtue concepts which a community uses directly and indirectly leads to a change of the virtues that exist in this community. By revising and (...) innovating virtue concepts, we can re-make and improve the virtues that we have. (shrink)

Mindreading, simulation, empathy and central imagining are often used interchangeably in current analytic philosophy, and typically defined as imagining what the other wants and believes – to run these states “off-line.” By imagining the other’s beliefs and desires, one will come to understand and predict his emotional and behavioural reactions. Many have suggested that films may trigger engagement in the characters’ perspectives, and one finds similar use of these terms in film theory. Imagining the characters’ states – with emphasis on (...) mental states – has for example been labelled as central imagining (Choi 2005; Smith 1995), imagining from the inside (Smith 1997), and empathetic reenactment (Currie 1995). In a similar vein, understanding the meaning of a narrative event for a character is understood as empathy (Tan 1996). These accounts all point to ways in which the spectator understands the character and the situation the character is in. Nevertheless, one also finds a different use of the term empathy in film theory, namely as a matching feeling with the character. The emphasis here is not on understanding the character and the narrative situation, but on the emotional output of the process. Often automatic, hardwired affective matching mechanisms are emphasized. This matching feeling with the character has also been discussed as empathy (Grodal 1997; Plantinga 1999; Smith 1995). While all these authors discuss what makes a spectator experience aspects of a character’s state, they point to different kinds of character engagement, and discuss it using varying terms. There also seems to be disagreement as to how film may cue the spectator to engage in these different ways. Here I offer an integrative account of empathy, where all these processes are labelled as empathic. The differences and similarities between them are explored. I argue that, broadly speaking, there are two different kinds of film, each of which elicits its own kind of empathy. Nevertheless, the common core to these kinds of engagement in a character justifies us in calling them empathy. (shrink)

Predictive processing (PP) is now a prominent theoretical framework in the philosophy of mind and cognitive science. This review focuses on PP research with a relatively philosophical focus, taking stock of the framework and discussing new directions. The review contains an introduction that describes the full PP toolbox; an exploration of areas where PP has advanced understanding of perceptual and cognitive phenomena; a discussion of PP's impact on foundational issues in cognitive science; and a consideration of the philosophy of science (...) of PP. The overall picture is that PP is a fruitful framework, with exciting new directions awaiting exploration. (shrink)

The orthodox view in analytical film theory is that the difference between fiction and nonfiction is anchored in communicative practice. Whereas the creator of nonfiction can be seen as asserting something as true, the creator of fiction merely asks of its spectators that they imagine the work’s content. This could be labelled an intention-response theory of the difference between fiction and nonfiction. While watching Supersize Me I am as a spectator very much aware of director Morgan Spurlock making an argument (...) about the state of affairs in the real world, and I assess the truth-value of this argument. While watching Avatar I imagine that there is a population of humanoids, the Na’vi, on the planet Pandora, fighting for survival: I assess what is fictional (true in the fiction). -/- However, when it comes to truth claims the difference between the many varieties of fiction and nonfiction is not as straightforward as this. For example, one may argue that the spectator can and commonly does perceive even a prototypical fiction film such as Avatar as laying claims to truth in the sense that she may read the film allegorically, and search for the filmmaker’s agenda. Is not Avatar a critique of Western imperialism, and our non-environmental lifestyle, for example? It is not fully accurate to claim that fiction film does not make truth claims – there are several ways in which fiction films are taken as asserting something that the spectator is asked to believe. -/- Among the many difficult issues this counterargument raises, I will concentrate on only one here, namely on the case of social realism in fiction. Social realism arguably asserts that something is true in our actual world and asks its spectators to believe this – although works of social realism are also classified as fiction. The solution is not to dismiss the basic theory, but to make finer distinctions. I argue that one difference between prototypical nonfiction and social realist fiction is that nonfiction asserts that its contents (characters and events) are true as tokens, e.g., this person experienced this. As fiction, a work of social realism calls for imagining. However, such a work also asserts that its contents are true as types, e.g., these types of persons experience these types of events. -/- I argue that this can explain what the difference is between the truth claims made in the nonfictional The Corner and The Wire as social realist fiction, respectively. Creator David Simon emphasizes that The Wire’s portrayal of Baltimore city life is true, and is to be taken as making assertions about American inner city decay. The background for the show is found in Simons and co-author Ed Burns’s nonfiction book The Corner, written after extensive ethnographic observation of a group of drug dealers in Baltimore. Their intention to assert something as true is reflected in the academic reception of the series, in which it is celebrated for its authenticity and realism. Studying the style, narration and content of The Wire carefully further illustrates how these truth-telling intentions are communicated to the spectator. Its documentary-like style mimics observational nonfiction film, and its cyclical narrative structure, focused on an ensemble cast of characters typically marginalized in mainstream popular culture by virtue of status and ethnicity, is typical of works of social realism. The spectator picks up on these clues and expects a certain accuracy and authenticity in the type representations in The Wire, although she is aware that the depictions of these token characters and these token events are not true, but only to be imagined. -/- In conclusion, the theory presented in this paper may not be able to neatly categorize any given film as either fiction or nonfiction, as some nonfiction films make type claims and some fictions make token claims. I do not claim that the difference between type and token claims is sufficient for categorizing any given work as either fiction or nonfiction. More work is needed in order to categorize and describe the various types of fiction and nonfiction, paying special attention to the particular blend of imagining and belief prescribed by each, as evident in what the creators say about their intentions, textual features of the work itself, and critical reception. However, difficult borderline cases such as social realism in fiction do not collapse the distinction between fiction and nonfiction, as demarcated by the intention-response theory. Rather, such difficult cases should compel us to investigate more closely the communicative intentions and conventions at work. In the case of social realism, it is still correct to say that the spectator merely imagines that these fictional characters experience various events; however, she also perceives a double invitation to believe that these events and experiences are typical, and as such representative, of a larger group about which the work intends to assert something as true. (shrink)

There are many murderer protagonists in recent American television series. Rape, however, is most often used to mark a character as clearly villainous—and more so than a murderer. This chapter argues that rape is morally disgusting. Nonetheless, in real life laws rape is not in the same way marked as being worse than murder. This chapter suggests that the explanation for this asymmetry between fiction and real-life moral psychology is that we as spectators rely more heavily on moral emotions when (...) engaging in fiction, and that rape is emotionally disturbing in a way that murder need not be. Our attitude towards the rapist as repulsive becomes more evident when we engage in fiction. This points to a difference between the morality activated by fiction and the morality activated by real-life events. (shrink)

This book consolidates emerging research on Aristotle's science and ethics in order to explore the extent to which the concepts, methods, and practices he developed for scientific inquiry and explanation are used to investigate moral phenomena. Each chapter shows, in a different way, that Aristotle's ethics is much more like a science than it is typically represented. The upshot of this is twofold. First, uncovering the links between Aristotle's science and ethics promises to open up new and innovative directions for (...) research into his moral philosophy. Second, showing why Aristotle thinks ethics can never be fully assimilated to the model of science will help shed new light on his views about the limits of science. The volume thus promises to make a significant contribution to our understanding of the epistemological, metaphysical, and psychological foundations of Aristotle's ethics. (shrink)

On the whole, the US Algorithmic Accountability Act of 2022 (US AAA) is a pragmatic approach to balancing the benefits and risks of automated decision systems. Yet there is still room for improvement. This commentary highlights how the US AAA can both inform and learn from the European Artificial Intelligence Act (EU AIA).

Virtue ethics has many times been suggested as a promising recipe for the construction of artificial moral agents due to its emphasis on moral character and learning. However, given the complex nature of the theory, hardly any work has de facto attempted to implement the core tenets of virtue ethics in moral machines. The main goal of this paper is to demonstrate how virtue ethics can be taken all the way from theory to machine implementation. To achieve this goal, we (...) critically explore the possibilities and challenges for virtue ethics from a computational perspective. Drawing on previous conceptual and technical work, we outline a version of artificial virtue based on moral functionalism, connectionist bottom–up learning, and eudaimonic reward. We then describe how core features of the outlined theory can be interpreted in terms of functionality, which in turn informs the design of components necessary for virtuous cognition. Finally, we present a comprehensive framework for the technical development of artificial virtuous agents and discuss how they can be implemented in moral environments. (shrink)

The free energy principle says that any self-organising system that is at nonequilibrium steady-state with its environment must minimize its free energy. It is proposed as a grand unifying principle for cognitive science and biology. The principle can appear cryptic, esoteric, too ambitious, and unfalsifiable—suggesting it would be best to suspend any belief in the principle, and instead focus on individual, more concrete and falsifiable ‘process theories’ for particular biological processes and phenomena like perception, decision and action. Here, I explain (...) the free energy principle, and I argue that it is best understood as offering a conceptual and mathematical analysis of the concept of existence of self-organising systems. This analysis offers a new type of solution to long-standing problems in neurobiology, cognitive science, machine learning and philosophy concerning the possibility of normatively constrained, self-supervised learning and inference. The principle can therefore uniquely serve as a regulatory principle for process theories, to ensure that process theories conforming to it enable self-supervision. This is, at least for those who believe self-supervision is a foundational explanatory task, good reason to believe the free energy principle. (shrink)

This chapter introduces the rationalist model of delusions. It begins by presenting John Campbell’s seminal proposal that delusions are caused top-down by pathological Wittgensteinian framework or hinge beliefs. After presenting Campbell’s rationalist account of delusions, the chapter raises and examines prominent objections by Tim Bayne & Elisabeth Pacherie as well as by Tim Thornton. The former make an important distinction between the aetiological top-down cognitive part and the epistemological rationalist framework part of Campbell’s account. The thesis that delusions are caused (...) top-down by pathological beliefs is not equivalent to the thesis that delusions are Wittgensteinian framework certainties. This chapter endorses this distinction. While the arguments against the top-down aspect are found to be more convincing – which motivates popular two-factor theories – the rationalist framework model of delusions is defended as an epistemologically promising account of delusion. Finally, this chapter examines a range of developments that have been made taking Campbell’s rationalism as a starting point. Most prominently the section examines Eilan’s early development of rationalism and Rhodes and Gipps’ proposal that delusions are not framework propositions but a product of their absence. (shrink)

The involvement of ethicists, philosophers or others who might qualify as ‘moral experts’ in policy-development, where they are sometimes, typically as members of a committee, given an advisory role, is often seen as problematic, for several reasons. First, there may be doubts as to the very existence of moral experts, and it may be hard to know who the moral experts are. Next, even if these problems are solved, giving experts a special role in policy-making might be problematic from a (...) democratic point of view, if it involves politicians deferring to the moral judgements of experts. The paper considers possible replies to this problem of moral deference. One reply is that moral deference is unnecessary, because even moral non-experts are well equipped to assess the arguments offered by moral experts; I argue that this reply underestimates the complexity of moral arguments. Another reply is that if moral experts are simply given the ‘technical’ role of clarifying which concrete positions that follow from the values which decision-makers already accept, deference is not problematic. I will argue that this reply underestimates how a given set of moral values underdetermines which concrete positions follow from it. Finally, I will consider and defend the reply that since policy decisions are subject to a requirement that they be justified within the limits of public reason, and since these limits include a requirement that the justification be accessible, moral experts are barred from providing policy advice which rests on too complex moral arguments. (shrink)

The present paper explores the moral psychology of fiction conceptually through the paired concepts ‘fictional relief’ and ‘reality check’. I suggest that the spectator of fictional films and television series sees himself as relieved from some of the moral obligations the spectator of nonfiction films sees himself as subject to, such as considering the consequences of a character's actions and attitudes. A fictional attitude is disturbed when elements of nonfiction are inserted into the fiction, such as the documentary photographs in (...) Dogville (Lars von Trier, 2003), or when the fiction otherwise reminds the spectator of the moral and political consequences of his engagement. I call this reality check, and explore how Dr Melfi often reminds the spectator of The Sopranos (HBO, 1999–2007) of the consequences of having a sympathetic attitude towards the main character and gangster Tony Soprano. The related notion fictional relief captures the relief from considering such consequences, and finally I discuss how Omar Little exemplifies fictional reliefs at work in a socially realistic setting in The Wire (HBO, 2002–08). (shrink)

Idiosyncratic responses as more strictly personal responses to fiction film that vary across individual spectators. In philosophy of film, idiosyncratic responses are often deemed inappropriate, unwarranted and unintended by the film. One type of idiosyncratic response is when empathy with a character triggers the spectator to reflect on his own real life issues. Self-reflection can be triggered by egoistic drift, where the spectator starts imagining himself in the character’s shoes, by re-experiencing memories, or by unfamiliar experiences that draw the spectator’s (...) attention. Film may facilitate self-reflection by slowing down narrative development and making the narrative indeterminate. Such scenes make idiosyncratic responses, such as self-reflection, appropriate and intended. Fiction film is a safe context for the spectator to reflect on personal issues, as it also affords him with distancing techniques if the reflection becomes too painful or unwanted. The fictional context further encourages self-reflection in response to empathy, as the spectator is relieved from real life moral obligations to help the other. (shrink)

Well-functioning modern democracies depend largely on expert knowledge and expert arrangements, but this expertise reliance also causes severe problems for their legitimacy. Somewhat surprisingly, moral and political philosophers have come to play an increasing role as experts in contemporary policymaking. The paper discusses different epistemic and democratic worries raised by the presence of philosopher experts in contemporary governance, relying on a broad review of existing studies, and suggests measures to alleviate them. It is argued that biases philosophers are vulnerable to (...) may contribute to reducing the quality of their advice, and that the characteristics of philosophers’ expertise, and controversies around what their competences amount to, make it hard to distinguish proper from less proper philosopher experts. Reliance on philosopher experts may also intensify democratic worries not least due to the depoliticization pressures that the introduction of ethics expertise tends to give rise to. Still, philosophers have competences and orientations that policy discussions and democratic deliberations are likely to profit from. Worries about philosopher experts may moreover be mitigated by means of a proper design of expert arrangements. Confronted with the genuine epistemic risks and democratic challenges of contemporary governance any quick fix is obviously unavailable, but when institutionalized in the right way philosophers’ involvement in present-day policymaking bears significant promise. (shrink)

Although Gregory Currie is often presented as a strong defender of empathic simulation as part of spectator engagement, this paper questions the importance of empathy in Currie's philosophy of film. Currie's account of the imagination is too propositional, and his account of a more sensuous and experiential kind of imagining is found wanting. While giving a convincing account of impersonal imagining in relation to fiction film, Currie does not sufficiently explain what empathy is, and what relation it has to other (...) forms of imagining. Simulation is primarily defined as impersonal, and perhaps more importantly, as conceptual and propositional in Currie's writings. This is perhaps most evident in his critique of personal imagining, where imagining seeing or imagining being becomes a self-reflexive form of imagining where the spectator also conceptualizes ‘I’ and ‘see’. This paper discusses the relation between personal imagining and empathy in Currie's account, and argues that he fails to show how empathy is of secondary importance for engagement in fiction film. (shrink)

The search for the neural correlates of consciousness is in need of a systematic, principled foundation that can endow putative neural correlates with greater predictive and explanatory value. Here, we propose the predictive processing framework for brain function as a promising candidate for providing this systematic foundation. The proposal is motivated by that framework’s ability to address three general challenges to identifying the neural correlates of consciousness, and to satisfy two constraints common to many theories of consciousness. Implementing the search (...) for neural correlates of consciousness through the lens of predictive processing delivers strong potential for predictive and explanatory value through detailed, systematic mappings between neural substrates and phenomenological structure. We conclude that the predictive processing framework, precisely because it at the outset is not itself a theory of consciousness, has significant potential for advancing the neuroscience of consciousness. (shrink)

Journal of Political Philosophy, EarlyView.

Jakob Ohlhorst | : This paper introduces the concept of tragic self-deception. Taking the basic notion that self-deception is motivated belief against better evidence, I argue that there are extreme cases of self-deception even when the contrary evidence is compelling. These I call cases of tragic self-deception. Such strong evidence could be argued to exclude the possibility of self-deception; it would be a delusion instead. To sidestep this conclusion, I introduce the Wittgensteinian concept of certainties or hinges: acceptances that (...) are beyond evidential justification. One particular type of certainties—iHinges, which are adopted for motivational reasons—explain the phenomenon of tragic self-deception: they warrant the subject’s dismissal of the evidence without loss of rationality from the subject’s point of view. Subsequently, I deal with some objections that can be raised against this account of self-deception. | : Cet article présente le concept d’auto-illusion tragique. En prenant la notion de base selon laquelle l’auto-illusion consiste en une croyance motivée à l’encontre de meilleures preuves, je soutiens qu’il existe des cas extrêmes d’auto-illusion qui persistent même face à des preuves contradictoires incontestables. J’appelle ces cas : auto-illusion tragique. On pourrait soutenir que des preuves d’une telle force excluent la possibilité d’auto-illusion et qu’il s’agirait plutôt de délire. Afin d’éviter cette conclusion, j’introduis le concept wittgensteinien de certitudes ou de propositions charnières : des admissions qui se situent au-delà d’une justification de nature probante. Un type de certitudes en particulier – iHinges, qui sont adoptées pour des raisons d’ordre motivationnel – rend compte du phénomène d’auto-illusion tragique. Ces certitudes justifient que le sujet rejette la preuve sans que cela implique, de son propre point de vue, une perte de rationalité. Subséquemment, je traite de certaines objections qui peuvent être soulevées contre cette explication de l’auto-illusion. (shrink)

An exciting theory in neuroscience is that the brain is an organ for prediction error minimization. This theory is rapidly gaining influence and is set to dominate the science of mind and brain in the years to come. PEM has extreme explanatory ambition, and profound philosophical implications. Here, I assume the theory, briefly explain it, and then I argue that PEM implies that the brain is essentially self-evidencing. This means it is imperative to identify an evidentiary boundary between the brain (...) and its environment. This boundary defines the mind-world relation, opens the door to skepticism, and makes the mind transpire as more inferentially secluded and neurocentrically skull-bound than many would nowadays think. Therefore, PEM somewhat deflates contemporary hypotheses that cognition is extended, embodied and enactive; however, it can nevertheless accommodate the kinds of cases that fuel these hypotheses. (shrink)

A series of recent developments points towards auditing as a promising mechanism to bridge the gap between principles and practice in AI ethics. Building on ongoing discussions concerning ethics-based auditing, we offer three contributions. First, we argue that ethics-based auditing can improve the quality of decision making, increase user satisfaction, unlock growth potential, enable law-making, and relieve human suffering. Second, we highlight current best practices to support the design and implementation of ethics-based auditing: To be feasible and effective, ethics-based auditing (...) should take the form of a continuous and constructive process, approach ethical alignment from a system perspective, and be aligned with public policies and incentives for ethically desirable behaviour. Third, we identify and discuss the constraints associated with ethics-based auditing. Only by understanding and accounting for these constraints can ethics-based auditing facilitate ethical alignment of AI, while enabling society to reap the full economic and social benefits of automation. (shrink)

This paper explores the added value of studying intra- and inter-speaker variation in grammaticalisation based on idiolect corpora. It analyses the usage patterns of the English let alone construction in a self-compiled William Faulkner corpus against the backdrop of aggregated community data. Vast individual differences (early Faulkner vs. late Faulkner vs. peers) in frequencies of use are observed, and these frequency differences correlate with different degrees of grammaticalisation as measured in terms of host-class and syntactic context expansion. The corpus findings (...) inform general issues in current cognitive-functional research, such as the from-corpus-to-cognition issue and the cause/consequence issue of frequency. They lend support to the usage-based view of grammaticalisation as a lifelong, frequency-sensitive process of cognitive automation. To substantiate this view, this paper proposes a self-feeding cycle of constructional generalisation that is driven by the interplay of frequency, entrenchment, partial sanction and habituation. (shrink)

This paper argues that some of the major theories in current business ethics fail to provide an adequate account of moral responsibility for the creation of systemic financial risk. Using the trading of credit default swaps during the 2008 financial crisis as a case study, I will formulate three challenges that these theories must address: the problem of risk imposition, the problem of unstructured collective harm and the problem of limited knowledge. These challenges will be used to work out key (...) shortcomings of stakeholder approaches and Integrative Social Contracts Theory. I will argue that pluralist connection models used in political theory can help to overcome these shortcomings. Adopting an approach based on these models shows that financial institutions incur obligations in five main areas: managing their own risk profile; remedying some of the harms caused by financial crises; supporting the development of better epistemic methods; curbing the transmission and amplification of initial losses; and instigating structural reforms. (shrink)

This paper concerns the double standard debate in the ethics of AI literature. This debate essentially revolves around the question of whether we should subject AI systems to different normative standards than humans. So far, the debate has centered around the desideratum of transparency. That is, the debate has focused on whether AI systems must be more transparent than humans in their decision-making processes in order for it to be morally permissible to use such systems. Some have argued that the (...) same standards of transparency should be applied across the board, for AI systems and humans alike. Others have argued that we should hold AI systems to higher standards than humans in terms of transparency. In this paper, we first point out that there are structurally similar double standard debates to be had about other desiderata besides transparency, such as predictive accuracy. Second, we argue that when we focus on predictive accuracy, there are at least two reasons for holding AI systems to a lower standard than humans. (shrink)

Climate change mitigation has become a paradigm case both for externalities in general and for the game-theoretic model of the Tragedy of the Commons (ToC) in particular. This situation is worrying, as we have reasons to suspect that some models in the social sciences are apt to be performative to the extent that they can become self-fulfilling prophecies. Framing climate change mitigation as a hardly solvable coordination problem may force us into a worse situation, by changing real-world behaviour to fit (...) our model, rather than the other way around. But while this problem of the performativity of the ToC has been noted in a recent paper in this journal by Matthew Kopec, his proposed strategies for dealing with their self-fulfilling nature fall short of providing an adequate solution. Instead of relying on the idea that modelling assumptions are always strictly speaking false, this paper shows that the problem may be better framed as a problem of underdetermination between competing explanations. Our goal here is to provide a framework for choosing between this set of competing models that allows us to avoid a ‘Russian Roulette’-like situation in which we gamble with existential risk. (shrink)

In this paper, we argue that there is at least a pro tanto reason to favor the control account of the right to privacy over the access account of the right to privacy. This conclusion is of interest due to its relevance for contemporary discussions related to surveillance policies. We discuss several ways in which the two accounts of the right to privacy can be improved significantly by making minor adjustments to their respective definitions. We then test the improved versions (...) of the two accounts on a test case, to see which account best explains the violation that occurs in the case. The test turns out in favor of the control account. (shrink)

A diferencia de todos los demás sistemas de imputación, Jakobs ubica el acento de la relevancia jurídico-penal del hecho en su significado normativo, como algo que trasciende la mera causalidad exterior y la finalidad del autor, de manera que lo decisivo para la imputación jurídico-penal no es ni lo psíquicoreal querido por el autor, ni la causalidad desplegada por su conducta, sino el significado normativo de esa conducta como la expresión de un sentido objetivo de desautorización de la vigencia de (...) la norma en un determinado contexto social. (shrink)

Background:Since the adoption of the Universal Declaration of Human Rights by the United Nations in 1948, human rights as set out in government documents have gradually changed, with more and more power being transferred to individual.Objectives:The aim of this article is to analyze how the position of the patient in need of care is constructed in Norway’s renamed and revised Patients’ and Service Users’ Rights Act (originally Patients’ Rights Act, 1999) and published comments which accompanying this legislation from the Norwegian (...) Ministry of Health and Care Service.Research design:A constructivist design was used, and Fairclough’s critical discourse approach was adopted to analyze the text of the Patients’ and Service Users’ Rights Act and comments.Findings:The analysis identified three discourses: (a) political discourse, containing ethical discourses about priority and economy, in which patients are constructed as powerless individuals; (b) expert discourse, containing a theme about patients’ trust in the healthcare team and its knowledge, in which patients are constructed as helpless individuals lacking knowledge; and (c) patient participation and patient autonomy discourse, containing ethical discourses about decision-making, in which patients are constructed not only as individuals with needs and rights but also as “troublesome.”Conclusion:Dominant paternalistic discourses in the legal text validate the power of medicine, the healthcare system, and heath personnel over the needs, rights, participation, and autonomy of the patient. (shrink)

Sociability and Its Enemies contributes both to contemporary studies of political theory and to discourse on postwar Germany by reconstructing the arguments concerning the nature and value of sociability as a form of interaction and interconnection particular to modern bourgeois society. Jakob Norberg argues that the writings of Hannah Arendt, Jürgen Habermas, Carl Schmitt, and the historian Reinhart Koselleck present conflicting responses to a hitherto neglected question or point of contention: whether bourgeois sociability should serve as a therapeutic practice (...) and politically relevant ideal for postwar Germany. The book sheds light on previously neglected historical and conceptual connections among political theorists, and it enriches established narratives of postwar intellectual history. (shrink)

A series of recent developments points towards auditing as a promising mechanism to bridge the gap between principles and practice in AI ethics. Building on ongoing discussions concerning ethics-based auditing, we offer three contributions. First, we argue that ethics-based auditing can improve the quality of decision making, increase user satisfaction, unlock growth potential, enable law-making, and relieve human suffering. Second, we highlight current best practices to support the design and implementation of ethics-based auditing: To be feasible and effective, ethics-based auditing (...) should take the form of a continuous and constructive process, approach ethical alignment from a system perspective, and be aligned with public policies and incentives for ethically desirable behaviour. Third, we identify and discuss the constraints associated with ethics-based auditing. Only by understanding and accounting for these constraints can ethics-based auditing facilitate ethical alignment of AI, while enabling society to reap the full economic and social benefits of automation. (shrink)

Organisations that design and deploy artificial intelligence (AI) systems increasingly commit themselves to high-level, ethical principles. However, there still exists a gap between principles and practices in AI ethics. One major obstacle organisations face when attempting to operationalise AI Ethics is the lack of a well-defined material scope. Put differently, the question to which systems and processes AI ethics principles ought to apply remains unanswered. Of course, there exists no universally accepted definition of AI, and different systems pose different ethical (...) challenges. Nevertheless, pragmatic problem-solving demands that things should be sorted so that their grouping will promote successful actions for some specific end. In this article, we review and compare previous attempts to classify AI systems for the purpose of implementing AI governance in practice. We find that attempts to classify AI systems proposed in previous literature use one of three mental models: _the Switch_, i.e., a binary approach according to which systems either are or are not considered AI systems depending on their characteristics; _the Ladder_, i.e., a risk-based approach that classifies systems according to the ethical risks they pose; and _the Matrix_, i.e., a multi-dimensional classification of systems that take various aspects into account, such as context, input data, and decision-model. Each of these models for classifying AI systems comes with its own set of strengths and weaknesses. By conceptualising different ways of classifying AI systems into simple mental models, we hope to provide organisations that design, deploy, or regulate AI systems with the vocabulary needed to demarcate the material scope of their AI governance frameworks. (shrink)

Important decisions that impact humans lives, livelihoods, and the natural environment are increasingly being automated. Delegating tasks to so-called automated decision-making systems can improve efficiency and enable new solutions. However, these benefits are coupled with ethical challenges. For example, ADMS may produce discriminatory outcomes, violate individual privacy, and undermine human self-determination. New governance mechanisms are thus needed that help organisations design and deploy ADMS in ways that are ethical, while enabling society to reap the full economic and social benefits of (...) automation. In this article, we consider the feasibility and efficacy of ethics-based auditing as a governance mechanism that allows organisations to validate claims made about their ADMS. Building on previous work, we define EBA as a structured process whereby an entity’s present or past behaviour is assessed for consistency with relevant principles or norms. We then offer three contributions to the existing literature. First, we provide a theoretical explanation of how EBA can contribute to good governance by promoting procedural regularity and transparency. Second, we propose seven criteria for how to design and implement EBA procedures successfully. Third, we identify and discuss the conceptual, technical, social, economic, organisational, and institutional constraints associated with EBA. We conclude that EBA should be considered an integral component of multifaced approaches to managing the ethical risks posed by ADMS. (shrink)

Self-evidencing describes the purported predictive processing of all self-organising systems, whether conscious or not. Self-evidencing in itself is therefore not sufficient for consciousness. Different systems may however be capable of self-evidencing in different, specific and distinct ways. Some of these ways of self-evidencing can be matched up with, and explain, several properties of consciousness. This carves out a distinction in nature between those systems that are conscious, as described by these properties, and those that are not. This approach throws new (...) light on phenomenology, and suggests that some self-evidencing may be characteristic of consciousness. (shrink)