People with higher levels of emotional intelligence (EI: adaptive emotional traits, skills and abilities) typically achieve more positive life outcomes, such as psychological wellbeing, educational attainment, and job-related success. Although the underpinning mechanisms linking EI with those outcomes are largely unknown, it has been suggested that EI may work as a ‘stress buffer’. Theoretically, when faced with a stressful situation, emotionally intelligent individuals should show a more adaptive response than those with low EI, such as reduced reactivity (less mood deterioration, (...) less physiological arousal), and faster recovery once the threat has passed. A growing number of studies have begun to investigate that hypothesis in respect to EI measured as both an ability (AEI) and trait (TEI), but results are unclear. To test the ‘stress-buffering’ function of EI, we systematically reviewed experimental studies that explored the relationship between both types of EI and acute stress reactivity or recovery. By searching 4 databases, we identified 45 eligible studies. Results showed that EI was only adaptive in certain contexts, and that findings differed according to stressor type, and how EI was measured. In terms of stress reactivity, TEI related to less mood deterioration during sports-based stressors (e.g. competitions), physical discomfort (e.g. dental procedure), and cognitive stressors (e.g. memory tasks), but did not appear as helpful in other contexts (e.g. speeches). Furthermore, effects of TEI on physiological stress responses, such as heart rate, were inconsistent. Effects of AEI on subjective and objective stress reactivity were often non-significant, with high levels detrimental in some cases. However, data suggest that both higher AEI and TEI relate to faster recovery from acute stress. In conclusion, results provide mixed support for the stress-buffering effect of EI. Limitations and quality of studies are also discussed. Findings could have implications for EI training programmes. (shrink)

Scholars have critiqued mainstream economic approaches to environmental valuation for decades. These critiques have intensified with the increased prominence of environmental valuation in decision-making. This paper has three goals. First, we summarise prominent critiques of monetary valuation, drawing mostly on the work of Clive Spash, who worked extensively on cost–benefit analysis early in his career and then became one of monetary valuation's most thorough and ardent critics. Second, we, as a group of scholars who study relational values, describe how relational (...) values research engages with and addresses many of the critiques of monetary valuation. Third, we offer suggestions for relational values research that continues and deepens its ability to respond to critiques of monetary valuation and contributes to transformative change towards sustainability. (shrink)

The ease with which genotyping technologies generate tremendous amounts of data on research participants has been well chronicled, a feat that continues to become both faster and cheaper to perform. In parallel to these advances come additional ethical considerations and debates, one of which centers on providing individual research results and incidental findings back to research participants taking part in genetic research efforts. In 2006 the Industry Pharmacogenomics Working Group offered some ‘Points-to-Consider’ on this topic within the context of the (...) drug development process from those who are affiliated to pharmaceutical companies. Today many of these points remain applicable to the discussion but will be expanded upon in this updated viewpoint from the I-PWG. The exploratory nature of pharmacogenomic work in the pharmaceutical industry is discussed to provide context for why these results typically are not best suited for return. Operational challenges unique to this industry which cause barriers to returning this information are also explained. (shrink)

Previous research in the visual domain suggests that exogenous attention in form of peripheral cueing increases spatial but lowers temporal resolution. It is unclear whether this effect transfers to other sensory modalities. Here, we tested the effects of exogenous attention on temporal and spectral resolution in the auditory domain. Eighteen young, normal-hearing adults were tested in both gap and frequency change detection tasks with exogenous cuing. Benefits of valid cuing were only present in the gap detection task while costs of (...) invalid cuing were observed in both tasks. Our results suggest that exogenous attention in the auditory system improves temporal resolution without compromising spectral resolution. (shrink)

As social media becomes increasingly popular, human subjects researchers are able to use these platforms to locate, track, and communicate with study participants, thereby increasing participant retention and the generalizability and validity of research. The use of social media; however, raises novel ethical and regulatory issues that have received limited attention in the literature and federal regulations. We review research ethics and regulations and outline the implications for maintaining participant privacy, respecting participant autonomy, and promoting researcher transparency when using social (...) media to locate and track participants. We offer a rubric that can be used in future studies to determine ethical and regulation-consistent use of social media platforms and illustrate the rubric using our study team’s experience with Facebook. We also offer recommendations for both researchers and institutional review boards that emphasize the importance of well-described procedures for social media use as... (shrink)

This ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, assessing (...) the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted. Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination. Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C. Graber, M. Hildebrandt, C. Maple, K. O'Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. Veale. (shrink)

A well-known debate in normative ethics is that between proponents of Act Consequentialism and Rule Consequentialism. Given the structural similarities between Rule Consequentialism and existing forms of Contractualism, one might expect a similar debate to arise among contractualists. However, this is not the case. Some, following T. M. Scanlon, even argue that this question is “misconceived” – that there is something deeply mistaken about considering the possibility of an act-based form of contractualism. In this paper, I challenge this claim.

A surprising feature of the White Rose anti-Nazi resistance pamphlets is their appeal to a foundational classical Chinese text, the Laozi (otherwise known as the Daodejing), to buttress their critique of fascism and authoritarianism. I argue that from the perspective of a 1942 educated readership, the act of quoting the Laozi functioned as a subtle and pointed nod to anti-fascist intellectuals in pre-war Germany, many of whom had interpreted the Laozi as an anti-authoritarian and pacifist text. To a sympathetic reader, (...) the Laozi therefore constituted an apt reference point for critiquing National Socialism. I then introduce a complication for this wartime reading of the Laozi from the perspective of its ambiguous reception in ancient Chinese political thought. I more specifically discuss an ancient line of interpretation of the Laozi that points in the direction of authoritarianism — in stark tension with the White Rose message of passive resistance and popular revolt. (shrink)

The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow 'beings' compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of 'code and law' and the (...) other develops from the domain of 'law and literature'. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice. (shrink)

The move to remote learning during COVID-19 has impacted billions of students. While research shows that school closure, and the pandemic more generally, has led to student distress, the possibility that these disruptions can also prompt growth in is a worthwhile question to investigate. The current study examined stress-related growth (SRG) in a sample of students returning to campus after a period of COVID-19 remote learning (n= 404, age = 13–18). The degree to which well-being skills were taught at school (...) (i.e., positive education) before the COVID-19 outbreak and student levels of SRG upon returning to campus was testedviastructural equation modeling. Positive reappraisal, emotional processing, and strengths use in students were examined as mediators. The model provided a good fit [χ2= 5.37,df= 3,p= 0.146, RMSEA = 0.044 (90% CI = 0.00–0.10), SRMR = 0.012, CFI = 99, TLI = 0.99] with 56% of the variance in SRG explained. Positive education explained 15% of the variance in cognitive reappraisal, 7% in emotional processing, and 16% in student strengths use during remote learning. The results are discussed using a positive education paradigm with implications for teaching well-being skills at school to foster growth through adversity and assist in times of crisis. (shrink)

The proliferation of public–private partnerships for development as an answer to many public challenges calls for careful evaluation. To this end, tailored frameworks are fundamental for helping understand the PPPs’ impact and for guiding corrective adjustment. Scholars have developed frameworks focusing on the partners’ relationships, the order of effects, and the distinction between outputs and outcomes. To capture a PPP’s complexity and multiple linkages with its environment, we argue that a thorough evaluation should adopt a stakeholder-oriented approach and consider the (...) costs and benefits that a PPP implies for them—especially as taxpayers’ money is involved. For this purpose, we build on a stakeholder-oriented evaluation framework from the nonprofit business partnership literature. In line with our broad evaluation conception, we extend it with the manifold ripple effects that PPPs for development have and include the time dimension for the links between different PPP stages and related outcomes to become clearer. Applying this framework to an illustrative case, we highlight important direct and especially indirect stakeholder outcomes, which a narrow evaluation would omit, point to the challenges involved in the evaluation endeavor, and identify interesting future research areas. (shrink)

The ?values of sport? is a concept that is often used to justify actions and policies by a range of agents and agencies from coaches and teachers to governing bodies and educational institutions. From a philosophical point of view, these values deserve to be analysed with great care to make sure we understand their nature and reach. The aim of this paper is to critically examine the values carried by the educational conception of sport that Pierre de Coubertin developed and (...) to see how they relate to certain values in the philosophy of Friedrich Nietzsche. To be able to understand in depth the moral construct of de Coubertin's system, it is essential to delve into the entire system he builds in order to develop athletic participants closer to his ideal of what a human should be. This in turn rests on his conception of Man, which is comprised of body, spirit and character. An understanding of his structure opens the way to a broader awareness of de Coubertin's educational system, of which sport was only part. We will then see that the values are a consequence of this pedagogical search for the ideal human. It is argued that this ideal of a human is similar to the one described by Nietzsche as the Übermensch . A philosophical case study is conducted, taking as its object the story of the first recipient of the Pierre de Coubertin medal, which rewards fair play among Olympic competitors. Judging the story through Nietzschean eyes allows for his thoughts to be put into practice. His lesser-known texts such as Homer and Competition on the emulation of creative powers shed light on today's sports. Concepts such as guilt, excellence, will to power and effectiveness help us compare these two authors and understand that competition is not necessarily about dominating others, but more about generating human excellence. (shrink)

Whilst Rahimzadeh et al. (2023) apply a critical lens to the pedagogical use of LLM bioethics assistants, we outline here further reason for skepticism. Two features of LLM chatbots are of signific...

Global Justice and Avant-Garde Political Agency offers a fresh, nuanced example of political theory in an activist mode. Setting the debate on global justice in the context of recent methodological disputes on the relationship between ideal and nonideal theorizing, Ypi's dialectical account shows how principles and agency really can interact.

In this article, we shed light on the emergence, diffusion, and use of socio-technological future visions. The artificial intelligence future vision of the German federal government is examined and juxtaposed with the respective news media coverage of the German media. By means of a content analysis of frames, it is demonstrated how the German government strategically uses its AI future vision to uphold the status quo. The German media largely adapt the government´s frames and do not integrate alternative future narratives (...) into the public debate. These findings are substantiated in the framing of AI futures in policy documents of the German government and articles of four different German newspapers. It is shown how the German past is mirrored in the German AI future envisioned by the government, safeguarding the present power constellation that is marked by a close unity of politics and industry. The German media partly expose the government´s frames and call for future visions that include fundamentally different political designs less influenced by the power structures of the past and present. (shrink)

In this contribution we will explore some of the implications of the vision of Ambient Intelligence (AmI) for law and legal philosophy. AmI creates an environment that monitors and anticipates human behaviour with the aim of customised adaptation of the environment to a person’s inferred preferences. Such an environment depends on distributed human and non-human intelligence that raises a host of unsettling questions around causality, subjectivity, agency and (criminal) liability. After discussing the vision of AmI we will present relevant research (...) in the field of philosophy of technology, inspired by the post-phenomenological position taken by Don Ihde and the constructivist realism of Bruno Latour. We will posit the need to conceptualise technological normativity in comparison with legal normativity, claiming that this is necessary to develop democratic accountability for the implications of emerging technologies like AmI. Lastly we will investigate to what extent technological devices and infrastructures can and should be used to achieve compliance with the criminal law, and we will discuss some of the implications of non-human distributed intelligence for criminal liability. (shrink)

Reflection on the historical injustice suffered by many formerly colonized groups has left us with a peculiar account of their claims to material objects. One important upshot of that account, relevant to present day justice, is that many people seem to think that members of indigenous groups have special claims to the use of particular external objects by virtue of their attachment to them. In the first part of this paper I argue against that attachment-based claim. In the second part (...) I suggest that, to provide a normatively defensible account of why sometimes agents who are attached to certain external objects might also have special claims over them, the most important consideration is whether the agents making such claims suffer from structural injustice in the present. In the third part I try to explain why structural injustice matters, in what way attachment-based claims relate to it and when they count. (shrink)

This article investigates the emergence of the concept of stress in the 1930s and outlines its changing disciplinary and conceptual frames up until 1960. Originally stress was a physiological concept applied to the hormonal regulation of the body under stressful conditions. Correlated closely with chemical research into corticosteroids for more than a decade, the stress concept finally became a topic in cognitive psychology. One reason for this shift of the concept to another discipline was the fact that the hormones previously (...) linked to the stress concept were successfully transferred from laboratory to medical practice and adopted by disciplines such as rheumatology and dermatology. Thus the stress concept was dissociated from its hormonal context and became a handy formula that allowed postindustrial society to conceive of stress as a matter of individual concern. From a physiological phenomenon stress turned into an object of psychological discourse and individual coping strategies. (shrink)

This dissertation abstract and the reflection commentary present the work done by Dr. Lea Stadtler. Comprising four articles, the dissertation explores the challenge of designing successful public–private partnerships for development and contributes to the discourse on partnerships and business engagement in society. Article I adopts the company perspective and develops a conceptual framework for interest alignment in PPPs for development. Based on a theoretical analysis, Article II examines the role that different structures play in handling common design challenges. Articles III (...) and IV are empirical: The former analyzes how partners cope with tensions occurring on the PPP’s boundaries, while Article IV explores the roles of broker organizations, which increasingly facilitate the partnering process of PPPs for development. This extended dissertation abstract introduces the dissertation’s research focus and summarizes each article’s research question, methods, and main findings. The reflection commentary in the appendix discusses the author’s views of her dissertation journey as a junior scholar and the research process. (shrink)

The “happy fish” passage concluding the “Autumn Floods” chapter of the Classical Chinese text known as the Zhuangzi has traditionally been seen to advance a form of relativism which precludes objectivity. My aim in this paper is to question this view with close reference to the passage itself. I further argue that the central concern of the two philosophical personae in the passage – Zhuangzi and Huizi – is not with the epistemic standards of human judgements (the established view since (...) Hansen, “The Relatively Happy Fish”), but with the more basic problem of species-specific perspectives. On my reading, Zhuangzi’s emphatic positionality in the passage – on the dam, accompanied by his friend Huizi – plausibly suggests a circumspect reflection on the limitedness of human knowledge. It is significant that Zhuangzi’s knowledge of fish happiness is avowedly from a certain place, and not absolute. But there is still a sense in which this view is objective: namely, insofar as it adequately accounts for an inherently human perspective on the world. I call this modest form of relativism ‘Species Relativism’, which, crucially, leaves room for objectivity, even though a fully objective (i.e. absolute) view of the world is not accessible to humans. (shrink)

It is widely believed that the ancient Greeks thought that Thales was the first philosopher, and that they therefore maintained that philosophy had a Greek origin. This paper challenges these assumptions, arguing that most ancient Greek thinkers who expressed views about the history and development of philosophy rejected both positions. I argue that not even Aristotle presented Thales as the first philosopher, and that doing so would have undermined his philosophical commitments and interests. Beyond Aristotle, the view that Thales was (...) the first philosopher is attested almost nowhere in antiquity. In the classical, Hellenistic, and post-Hellenistic periods, we witness a marked tendency to locate the beginning of philosophy in a time going back further than Thales. Remarkably, ancient Greek thinkers most often traced the origins of philosophy to earlier non-Greek peoples. Contrary to the received view, then, I argue that (1) vanishingly few Greek writers pronounced Thales the first philosopher; and (2) most Greek thinkers did not even advocate a Greek origin of philosophy. Finally, I show that the view that philosophy originated with Thales (along with its misleading attribution to the Greeks in general) has roots in problematic, and in some cases manifestly racist, eighteenth-century historiography of philosophy. (shrink)

High levels of threat and uncertainty characterize the onset of societal crises. Here, people are exposed to conflicting information in the media, including disinformation. Because individuals often base their news selection on pre-existing attitudes, the present study aims to examine selective exposure effects in the face of a crisis, and identify right-wing ideological, trust-, and science-related beliefs that might influence the selection and sharing of disinformation. A representative survey of German internet users (N = 1101) at the time of the (...) COVID-19 pandemic outbreak showed a confirmation bias in crisis-related news selection and sharing. It revealed right-wing authoritarianism and political mistrust as significant predictors of disinformation selection. The influence of social dominance orientation, mistrust in politics, and perceived certainty of knowledge were significant for sharing disinformation. The present results extend previous knowledge about people’s (dis)information behavior in times of crisis, and shed light on groups particularly vulnerable to disinformation. (shrink)

In international human rights law ‘jurisdiction’ is the centre of the debate on extraterritorial obligations. The purpose of the present paper is to a) analyse how facts and principles contribute t...

This book focuses on a question issued from The Architectonic of Pure Reason, one of the most important sections of Kant's first Critique: what is the human being? It suggests that the answer to this question is tied to a particular account of the unity of reason - one that stresses its purposive character.

This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. (...) This analysis will be complemented with a discussion of the integration of the first and the third pillar as aimed for by the Constitutional Treaty, which would bring criminal law under majority rule and European democratic control. Attention will be paid to two ground breaking judgements of the European Court of Justice that seem to boil down to the fact that the Court actually manages to achieve some of the objectives of the CT even if this is not in force. This gives rise to a discussion of how the CT may transform European criminal law in the Union to EU criminal law of the Union, thus producing an identity of the Union next to the identities prevalent in the Union. The contribution concludes with some normative questions about the kind of European identity we should aim to establish, given the fact that such identity will arise with further integration of criminal law into the first pillar. (shrink)

This paper brings into focus the idea that just as no third-personal way of thinking could capture the self-consciousness of first-person thought, no first- or third- personal way of thinking could capture the especially intimate way we have of relating to each other canonically expressed with our uses of ‘you’. It proposes, motivates and defends the view that second-person speech is canonically expressive of a distinctive way we have of thinking of each other, under a concept that refers de jure (...) to its addressee and whose availability depends on standing in a relation of interpersonal self-consciousness with another. (shrink)

Music performance anxiety (MPA) is a multifaceted phenomenon occurring on a continuum of severity. In this survey study, we investigated to what extent the affective (anxiety), cognitive (catastrophizing), and somatic (bodily complaints) components of MPA prior to solo performances vary as a function of age, gender, instrument group, musical experience, and practice as well as how these MPA components relate to self-rated change in performance quality from practice to public performance. The sample comprised 75 male and 111 female classical music (...) university students, aged 15–45 years. Age was positively associated with anxious feelings and bodily complaints. Compared to male students, female students reported significantly more anxious feelings and catastrophizing. Singers reported less anxious feelings and catastrophizing than instrumentalists. Breathing-, mouth- and throat-related complaints were highest among singers and wind players; hand- and arm-related complaints were highest among string players and pianists. The indices of musical experience and practice had marginal effects. An average of four bodily complaints bothered the participants strongly to very strongly. Worsening in performance quality from practice to public performance was reported by almost half of the participants and was best predicted by anxious feelings and breathing-related complaints. We conclude that age, gender and instrument play a significant role in understanding the phenomenology of MPA. Musicians should be examined according to these characteristics rather than as one homogenous population. In particular, it might be valuable to develop assessment tools for MPA that incorporate items related to the bodily complaints that are most relevant to the different instrument groups. Breathing-related complaints could add an important dimension to the investigation of MPA and music performance. Finally, the high percentage of students reporting worsening of their performance quality from practice to public performance highlights the need of professional support to help music students be able to perform at their best and thrive as artists. (shrink)

A number of philosophers claim that reflection on the subjective or phenomenal character of conscious experience reveals the universal involvement of a certain feature—‘for-me-ness’, or ‘mine-ness’, or ‘a sense of mine-ness’—whose presence is often overlooked or denied. The first half of this chapter canvasses several possible interpretations of these phrases, identifies some ways in which their use tends to be problematically equivocal, and ends with a clear and minimal statement of what the feature is supposed to be. The second half (...) questions some of the grounds on which the universality of this feature has been upheld in recent analytic work, addressing both a cluster of explanatory motivations (appealing to immunity to error though misidentification, epistemic asymmetry, and ease of judgment or reportability) and a more direct descriptive or conceptual case for this view. (shrink)

This article explores the justification of states' territorial rights. It starts by introducing three questions that all current theories of territorial rights attempt to answer: how to justify the right to settle, the right to exclude, and the right to settle and exclude with reference to a particular territory. It proposes a ‘permissive’ theory of territorial rights, arguing that the citizens of each state are entitled to the particular territory they collectively occupy, if and only if they are also politically (...) committed to the establishment of a global political authority realizing just reciprocal relations. The article is developed by introducing some key features of the permissive theory and by explaining how such an account addresses the questions of settlement, exclusion and particularity in ways that significantly improve on existing rival accounts (most prominently: acquisition theories, legitimacy-based theories and nationalist theories). (shrink)

This article theorises the relationship between 1970s US Third World queer and feminist movements and Latin American anti-imperialist revolutions of the late twentieth century. I focus upon the historically occluded relationships between Third World feminists and queers in Chile and the United States throughout the transition to neoliberalism. My archive includes June Jordan’s little-known writings on Chile, the writings of Audre Lorde, and, primarily, a 1973 Third World feminist poetry reading staged in San Francisco shortly after the Pinochet coup. By (...) assembling this unconventional archive, I intervene into the domestication of US anti-racist queer, black and feminist of colour politics. I argue for the profoundly internationalist foundation of these formations. I work to re-animate a moment when the affective economies of anti-colonial ‘global revolution’ opened up space for the imagination of joint struggle – allowing a visceral sense of struggle’s urgency and vitality in ways that have since been partially eclipsed. (shrink)

Models of category learning have been extensively studied in cognitive science and primarily tested on perceptual abstractions or artificial stimuli. In this paper, we focus on categories acquired from natural language stimuli, that is, words. We present a Bayesian model that, unlike previous work, learns both categories and their features in a single process. We model category induction as two interrelated subproblems: the acquisition of features that discriminate among categories, and the grouping of concepts into categories based on those features. (...) Our model learns categories incrementally using particle filters, a sequential Monte Carlo method commonly used for approximate probabilistic inference that sequentially integrates newly observed data and can be viewed as a plausible mechanism for human learning. Experimental results show that our incremental learner obtains meaningful categories which yield a closer fit to behavioral data compared to related models while at the same time acquiring features which characterize the learned categories. (shrink)

Many challenges to economic and social well-being require close collaboration between business, government, and civil-society actors. In this context, the involvement of multiple companies rather than a single company may enhance such cross-sector social partnerships’ outcomes. However, extant literature cautions about the tensions arising from companies’ competitive interests and the detrimental effects on the CSSP’s social outcome. Similarly, studies analyzing simultaneous collaboration and competition suggest shielding off competitive elements from the collaboration. Based on insights into two multi-company CSSPs, we conversely (...) find that government and NGO partnership managers deliberately leveraged competition through the CSSP design. They used similar segmentation mechanisms to enhance CSSP contributions, but differed in the way they integrated collaborative and competitive elements, leading to sustained corporate commitment in one CSSP and unmet promises in the other. These insights expose the paradoxical nature of coopetition at the interface of social and economic goals, and advance current research by indicating competition’s positive effects and the respective partnership design implications. On this basis, our study helps reveal and better understand sustainability-related tensions and opportunities at the inter-organizational level. (shrink)

This Article takes the perspective of law and philosophy, integrating insights from computer science. First, I will argue that in the era of big data analytics we need an understanding of privacy that is capable of protecting what is uncountable, incalculable or incomputable about individual persons. To instigate this new dimension of the right to privacy, I expand previous work on the relational nature of privacy, and the productive indeterminacy of human identity it implies, into an ecological understanding of privacy, (...) taking into account the technological environment that mediates the constitution of human identity. Second, I will investigate how machine learning actually works, detecting a series of design choices that inform the accuracy of the outcome, each entailing trade-offs that determine the relevance, validity and reliability of the algorithm’s accuracy for real life problems. I argue that incomputability does not call for a rejection of machine learning per se but calls for a research design that enables those who will be affected by the algorithms to become involved and to learn how machines learn — resulting in a better understanding of their potential and limitations. A better understanding of the limitations that are inherent in machine learning will deflate some of the eschatological expectations, and provide for better decision-making about whether and if so how to implement machine learning in specific domains or contexts. I will highlight how a reliable research design aligns with purpose limitation as core to its methodological integrity. This Article, then, advocates a practice of “agonistic machine learning” that will contribute to responsible decisions about the integration of data-driven applications into our environments while simultaneously bringing them under the Rule of Law. This should also provide the best means to achieve effective protection against overdetermination of individuals by machine inferences. (shrink)

Scholarship on Plato's Timaeus has paid relatively little attention to Tim. 77a–81, a seemingly disjointed passage on topics including plants, respiration, blood circulation, and musical sounds. Despite this comparative neglect, commentators both ancient and modern have levelled a number of serious charges against Timaeus' remarks in the passage, questioning the coherence and explanatory power of what they take to be a theory of respiration. In this paper, I argue that the project of 77a–81e is not to sketch theories of respiration, (...) circulation, and digestion, but to explain how the human body is maintained in light of and despite constant environmental depletion. Further, I argue that in order to understand this account of “the replenishing system,” we need to understand Timaeus' striking analogy of the fish trap or nassa. Commentators have generally focused directly on the workings of the bodily construction that Timaeus likens to a fish trap, but without considering how we should understand the analogy qua analogy. I develop a functional reading of the analogy that yields a coherent account of the replenishing system on which previous criticisms of Timaeus' remarks on respiration do not arise. Aside from lending greater unity to the passage, both internally and within its immediate context in the dialogue, this account of the replenishing system contributes to our understanding of Timaeus' reason-and-necessity explanatory framework as applied to the human body and has noteworthy implications for specific explanatory principles, in particular like-to-like motion and circular thrust. (shrink)