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)

Although convinced by Frankfurt-style cases that moral responsibility does not require the ability to do otherwise, semicompatibilists have not wanted to accept a parallel claim about moral responsibility for omissions, and so they have accepted asymmetrical requirements on moral responsibility for actions and omissions. In previous work, I have presented a challenge to various attempts at defending this asymmetry. My view is that semicompatibilists should give up these defenses and instead adopt symmetrical requirements on moral responsibility for actions and omissions, (...) and in this paper I highlight three advantages of doing so: first, it avoids a strange implication of the truth of determinism; second, it allows for a principled reply to Philip Swenson’s recent ‘No Principled Difference Argument’; third, it provides a reason to reject a crucial inference rule invoked by Peter van Inwagen’s ‘Direct Argument’ for the incompatibility of moral responsibility and determinism. (shrink)

Who Needs Stories if You Can Get the Data? ISPs in the Era of Big Number Crunching Content Type Journal Article Category Special Issue Pages 371-390 DOI 10.1007/s13347-011-0041-8 Authors Mireille Hildebrandt, Institute of Computer and Information Sciences (ICIS), Radboud University Nijmegen, Nijmegen, the Netherlands Journal Philosophy & Technology Online ISSN 2210-5441 Print ISSN 2210-5433 Journal Volume Volume 24 Journal Issue Volume 24, Number 4.

It is widely thought that Atemporalism—the view that, because God is “outside” of time, he does not foreknow anything —constitutes a unique solution to the problem of freedom and foreknowledge. However, as I argue here, in order for Atemporalism to escape certain worries, the view must appeal to the dependence of God’s timeless knowledge on our actions. I then argue that, because it must appeal to such dependence, Atemporalism is crucially similar to the recent sempiternalist accounts proposed by Trenton Merricks, (...) Philip Swenson, and Jonathan Westphal, and I conclude by briefly sketching some implications of this result. (shrink)

Death can be bad for an individual who has died, according to the “deprivation approach,” by depriving that individual of goods. One worry for this account of death’s badness is the Lucretian symmetry argument: since we do not regret having been born later than we could have been born, and since posthumous nonexistence is the mirror image of prenatal nonexistence, we should not regret dying earlier than we could have died. Anthony Brueckner and John Martin Fischer have developed a response (...) to the Lucretian challenge by arguing that it is rational to have asymmetric attitudes toward posthumous and prenatal nonexistence. Recently, Jens Johansson has criticized the Brueckner/Fischer position, claiming that it is irrelevant whether it is actually rational to care about future pleasures but not past pleasures. What matters, according to Johansson, is whether it would be rational for us to care about past pleasures had we come into existence earlier. In this paper, I add to the conversation between Johansson and Brueckner/Fischer by suggesting a way to defend the latter side’s position in a way that has not yet been suggested. I do this by considering a suggestion of Johansson’s for interpreting the Brueckner/Fischer position and by arguing that Johansson’s worry for the position I consider is actually incoherent. (shrink)

This book is a collection of edited interviews from The Free Will Show-a podcast that provides a beginner-friendly introduction to free will while also highlighting recent developments on the topic. The book includes original material as well, including an introduction to the interviews and an afterward with reflections on the podcast by the authors (who are cohosts of The Free Will Show). The book also includes a bibliography and suggestions for further reading after each interview and a glossary of terms (...) at the end of the book. The book will serve well either as a textbook or as an accessible entry-point to the free will debate, whether for an interested non-specialist or a philosopher who works in another area. The first half of this book introduces the main issues and arguments in philosophical debates about free will, including various apparent threats to free will (fatalism, foreknowledge, and determinism), the Consequence Argument, and the problem of luck, among others. The second half of this book introduces the main positions in the debate about free will and determinism, including several varieties of libertarianism and compatibilism, a version of free will skepticism, and some other positions that do not fit neatly into these categories. (shrink)

Gilles de Corbeil figures as the initiator of the scientific teaching of medicine in Paris at a time when medicina became physica. He studied medicine at the famous school of Salerno, and his teaching was based upon Salernitan theories and practice. He showed himself very concerned with teaching methods and attached great importance to memorizing. This explains why he composed medical poetry so as to provide a mnemonic aid for his students. As a teacher, he took care of his students' (...) reading, offering them advise. He insisted on the importance of a personal relationship between teacher and student, evoking his own relationship with his Salernitan masters, but repeatedly criticized the students of his time. (shrink)

. Three logical squares of predication or quantification, which one can even extend to logical hexagons, will be presented and analyzed. All three squares are based on ideas of the non-traditional theory of predication developed by Sinowjew and Wessel. The authors also designed a non-traditional theory of quantification. It will be shown that this theory is superfluous, since it is based on an obscure difference between two kinds of quantification and one pays a high price for differentiating in this way: (...) losing the definability between the existence- and all-quantifier. Therefore, a combination of non-traditional predication and classical quantification is preferred here. (shrink)

In “Spandrels,” Gould and Lewontin criticized what they took to be an all-too-common conviction, namely, that adaptation to current environments determines organic form. They stressed instead the importance of history. In this paper, we elaborate upon their concerns by appealing to other writings in which those issues are treated in greater detail. Gould and Lewontin’s combined emphasis on history was three-fold. First, evolution by natural selection does not start from scratch, but always refashions preexisting forms. Second, preexisting forms are refashioned (...) by the selection of whatever mutational variations happen to arise: the historical order of mutations needs to be taken into account. Third, the order of environments and selection pressures also needs to be taken into account. (shrink)

I argue that considerations pertaining to constitutive luck undermine historicism—the view that an agent’s history can determine whether or not she is morally responsible. The main way that historicists have motivated their view is by appealing to certain cases of manipulation. I argue, however, that since agents can be morally responsible for performing some actions from characters with respect to which they are entirely constitutively lucky, and since there is no relevant difference between these agents and agents who have been (...) manipulated into acting from a character bestowed upon them by their manipulators, we should give up historicism. After presenting this argument and defending it against some potential objections, I briefly criticize the standard structuralist alternative and propose a new structuralist position that is shaped by reflection on constitutive luck. (shrink)

Nursing migration: global treasure hunt or disaster‐in‐the‐making?International nurse migration — moving from one country to another in the search of employment — is the focus of this article. The majority of member states of the World Health Organization report a shortage, maldistribution and misutilisation of nurses. International recruitment has been seen as a solution. The negative effects of international migration on the ‘supplier’ countries may be recognised today but are not effectively addressed.Nurse migration is motivated by the search for professional (...) development, better quality of life and personal safety. Pay and learning opportunities continue to be the most frequently reported incentives for nurse migration, especially by nurses from less‐developed countries. Career opportunities were considered key incentives for nurses emigrating from high‐income countries. Language was reported to be a significant barrier. The positive global economic/social/professional development resulting from international migration needs to be weighed against a substantial ‘brain and skills drain’ experienced by supplier countries. The vulnerable status of migrant nurses is also of concern in certain cases. The focus on short‐term solutions as opposed to resolving the problem of a worldwide shortage of nurses causes great concern. Recent initiatives attempt to curb or channel international recruitment. The delicate balance between recognising the right of individual nurses to migrate and a collective concern for the health of a nation’s population must be achieved. (shrink)

An increasingly popular approach to reconciling divine foreknowledge with human freedom is to say that, because God’s beliefs depend on what we do, we are free to do otherwise than what we actually do despite God’s infallible foreknowledge. This paper develops a new challenge for this dependence response. The challenge stems from a case of backward time travel in which an agent intuitively lacks the freedom to do otherwise because of the time-traveler’s knowledge of what the agent will do, and (...) this is so despite the fact that the time-traveler’s knowledge depends on what the agent will do. (shrink)

The essays in Fanon and the Decolonization of Philosophy all trace different aspects of the mutually supporting histories of philosophical thought and colonial politics in order to suggest ways that we might decolonize our thinking. From psychology to education, to economic and legal structures, the contributors interrogate the interrelation of colonization and philosophy in order to articulate a Fanon-inspired vision of social justice. This project is endorsed by his daughter, Mireille Fanon-Mendès France, in the book's preface.

The implementation of inclusive policies is largely dependent on teachers´ willingness to accommodate students with special educational needs (SEN) in mainstream classrooms, which is affected by their perceived competence and attitudes. This study investigated attitudes of pre- and in-service teachers toward students with two types of SEN: challenging behavior and learning difficulties. The three components of attitude (affective, cognitive, and behavioral) were assessed using indirect and direct measures. Results revealed that teachers held negative implicit attitudes toward challenging behavior and learning (...) difficulties, however implicit attitudes did not vary as a function of the type of SEN. Ratings of the stereotypical dimensions warmth and competence and overall ratings of scholastic achievement were affected by professional status and type of SEN. Professional status, implicit attitudes and stereotypical knowledge together explained 52 and 43% of the variance in teachers´ ratings of academic proficiency for students with challenging behavior and learning difficulties, respectively. Results are interpreted within the theoretical framework and implications for teacher training are discussed. (shrink)

It is widely thought that, to be morally responsible for some action or omission, an agent must have had, at the very least, the general ability to do otherwise. As we argue, however, there are counterexamples to the claim that moral responsibility requires the general ability to do otherwise. We present several cases in which agents lack the general ability to do otherwise and yet are intuitively morally responsible for what they do, and we argue that such cases raise problems (...) for various kinds of accounts of moral responsibility. We suggest two alternative approaches to thinking about the connection between moral responsibility and abilities to do otherwise, one of which denies that there is any ability-to-do-otherwise requirement on moral responsibility and the other of which requires only an opportunity to do otherwise. We also argue that a general-ability-to-do-otherwise requirement not only faces counterexamples but also lacks positive motivation. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

We emphasize the relevance to cognitive psychology of Feldman and Levin's theoretical position. Traditional views of motor control have failed to clearly separate “production control” at the level of motor command, based on task-independent CV (control variables), from intentional “product control” based on task-dependent parameters. Because F&L's approach concentrates on the first process (trajectory formation), it can distinguish the product control stage.

Résumé Lors de la disparition progressive du cinéma muet devant le cinéma parlant, la majorité des écrivains, hommes de mots, prennent position en faveur du premier, cristallisant l’idée d’une essence cinématographique idéale liée à la mutité des images, à l’éviction du verbe et à l’autonomie du septième art. On revient ici, au-delà des réactions à ce tournant artistique, sur les raisons de cette construction utopique et de son délitement inéluctable.

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)

In this paper, I defend a version of compatibilism against luck-related objections. After introducing the types of luck that some take to be problematic for moral responsibility, I consider and respond to two recent attempts to show that compatibilism faces the same problem of luck that libertarianism faces—present luck. I then consider a different type of luck—constitutive luck—and provide a new solution to this problem. One upshot of the present discussion is a reason to prefer a history-sensitive compatibilist account over (...) a purely nonhistorical structuralist account. (shrink)

In Section 1, we begin by asking what, exactly, it might mean for God to “elect” people and how this relates to their agency and freedom. After getting clearer on what God is supposed to elect people to or for, we argue against the view that a person’s will is not involved in the process by which God elects her, which we identify in part as the person’s coming to have faith. But, in Section 2, we consider several reasons for (...) thinking that a person’s free will is not involved in her coming to have faith, as well as a potential problem facing this view. Then, in the next three sections (3, 4, and 5) we examine three views on which one’s free will is involved in one’s coming to faith, corresponding roughly to three systematic views of divine providence. We discuss certain objections to each of these “models of election,” as well as how each speaks to the possibility of the non-elect. In the sixth and final section, we conclude by addressing the concern that any such philosophizing about God is too anthropomorphic. (shrink)

Some compatibilists are internalists. On their view, whether an agent is morally responsible for an action depends only on her psychological structure at that time. Other compatibilists are externalists. On their view, an agent’s history can make a difference as to whether or not she is morally responsible. In response to worries about manipulation, some internalists have claimed that compatibilism requires internalism. Recently, Alfred Mele has argued that this internalist response is untenable. The aim of this paper is to vindicate (...) the claim that compatibilism requires internalism, showing where Mele’s argument goes wrong along the way. (shrink)

I argue that any account attempting to do away with resultant or circumstantial moral luck is inconsistent with a natural response to the problem of constitutive moral luck. It is plausible to think that we sometimes contribute to the formation of our characters in such a way as to mitigate our constitutive moral luck at later times. But, as I argue here, whether or not we succeed in bringing about changes to our characters is itself a matter of resultant and (...) circumstantial moral luck. I conclude with a dilemma, both horns of which require accepting some form of moral luck. (shrink)

In response to the increasingly popular manipulation argument against compatibilism, some have argued that libertarian accounts of free will are vulnerable to parallel manipulation arguments, and thus manipulation is not uniquely problematic for compatibilists. The main aim of this article is to give this point a more detailed development than it has previously received. Prior attempts to make this point have targeted particular libertarian accounts but cannot be generalized. By contrast, I provide an appropriately modified manipulation that targets all libertarian (...) accounts of freedom and responsibility—an especially tricky task given that libertarian accounts are a motley set. I conclude that if manipulation arguments reveal any theoretical cost then it is one borne by all accounts according to which we are free and responsible, not by compatibilism in particular. (shrink)

Matt King has recently argued that the manipulation argument against compatibilism does not succeed by employing a dilemma: either the argument infelicitously relies on incompatibilist sourcehood conditions, or the proponent of the argument leaves a premise of the argument undefended. This article develops a reply to King’s dilemma by showing that incompatibilists can accept its second horn. Key to King’s argument for the second horn’s being problematic is “the parallel manipulation argument.” I argue that King’s use of this argument is (...) problematic, but I suggest that a (modified) parallel manipulation argument is effective for a different, though more restricted, purpose. (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)

Euthanasia remains controversial in Canada and an issue of debate among physicians. Most studies have explored the opinion of health professionals regarding its legalization, but have not investigated their intentions when faced with performing euthanasia. These studies are also considered atheoretical. The purposes of the present study were to fill this gap in the literature by identifying the psychosocial determinants of physicians’ intention to practice euthanasia in palliative care and verifying whether respecting the patient’s autonomy is important for physicians.