Recent algorithmic technologies have challenged law’s anthropocentric assumptions. In this article, we develop a set of theoretical tools drawn from new materialisms and the philosophy of information to unravel the complex intra-actions between law and computer code. Accordingly, we first propose a framework for understanding the enmeshing of law and code based on a diffractive reading of Barad’s agential realism and Simondon’s theory of information. We argue that once law and code are understood as material entities that intra-act through in-formation, (...) the concept of transduction allows us to trace how they push each other towards change. After developing the theoretical tools, we deploy them to make sense of how law and code have changed in response to increasing automation of decision-making and the appearance of unexplainable artificial intelligence (AI) code. Thus, we employ a case study to trace transformations of the right to explanation under the European data protection regulations. This provides the backdrop for our account of how law transduces into code (and vice versa) and a proving ground for our framework. (shrink)

The present paper analyzes the self‐generated explanations (from talk‐aloud protocols) that “Good” and “Poor” students produce while studying worked‐out examples of mechanics problems, and their subsequent reliance on examples during problem solving. We find that “Good” students learn with understanding: They generate many explanations which refine and expand the conditions for the action parts of the example solutions, and relate these actions to principles in the text. These self‐explanations are guided by accurate monitoring of their own understanding and misunderstanding. Such (...) learning results in example‐independent knowledge and in a better understanding of the principles presented in the text. “Poor” students do not generate sufficient self‐explanations, monitor their learning inaccurately, and subsequently rely heavily on examples. We then discuss the role of self‐explanations in facilitating problem solving, as well as the adequacy of current AI models of explanation‐based learning to account for these psychological findings. (shrink)

Reasoning well about risk is most challenging when a woman is pregnant, for patient and doctor alike. During pregnancy, we tend to note the risks of medical interventions without adequately noting those of failing to intervene, yet when it's time to give birth, interventions are seldom questioned, even when they don't work. Meanwhile, outside the clinic, advice given to pregnant women on how to stay healthy in everyday life can seem capricious and overly cautious. This kind of reasoning reflects fear, (...) not evidence. (shrink)

The link between leadership and mental health at the workplace is well established by prior research. However, most of the studies have addressed this relationship from a single-source perspective. The aim of this study was to examine how supervisor and employee ratings of health-oriented leadership correspond to each other and which sources are predictive for employee mental health. We assessed data within 99 teams containing 713 employees in 11 different companies in Southern Germany. Supervisors and their staff completed questionnaires on (...) the supervisors’ health-oriented staff-care dimensions awareness, value of health and health behavior and current mental distress. Hierarchical linear models revealed that supervisors’ self-ratings were significantly related to their employees’ ratings only on the health behavior dimension, but not on the health awareness and value of health dimensions. Also, supervisors rated themselves significantly higher on HoL compared to their employees. Employee ratings of HoL significantly predicted their own level of mental distress, whereas supervisor ratings of HoL did not predict employees’ mental distress at the team level. Supervisors’ self-ratings of HoL did not influence the relationship between employee ratings of HoL and their mental distress on an individual level. These results highlight the complex relationship between multisource assessments of HoL and employee mental health, emphasizing the importance of subjective perception for mental health. Future studies should investigate under which conditions supervisor and employee ratings correspond to each other and are predictive for mental health at the workplace. (shrink)

The historical context of body and tissue donation is deeply problematic, with patriarchal and colonial narratives. The contemporary context of molecular and genetic biology further complicates issues of bodily donation through narratives of abstraction and extraction. As practitioners working outside the conventional boundaries of scientific study learn the tools and techniques to extract and use bodily materials, they are also learning and challenging the procedures and processes. This article approaches questions of bodily donation through the edited transcript of a conversation (...) between artists who regularly use body fluids and cellular bodily materials in their practice, moderated by Louise Mackenzie and Ilke Turkmendag as part of the Taboo–Transgression–Transcendence in Art & Science Conference held online with the support of the University of Applied Arts, Vienna, 2020. The panel challenged the ethical and conceptual assumptions made in biotechnological research and reconsidered where the boundaries of the body lie, what ‘authority’ research carries and what choices researchers make when using the bodies of others. The transcribed conversation addresses taboos of the female body, specifically menstruation, the commodification of tissue from female human bodies, human milk politics and questions biopolitical treatment of the female body. The full, unedited panel conversation, including questions from the audience, and an accompanying video of edited interviews with panellists, is available online at https://www.loumackenzie.com/offering-the-body. (shrink)

Economic and social activities are undergoing radical changes, which can be labelled as ‘knowledge economy and/or society’. In this sense, intellectual capital, or knowledge assets, as the fourth factor of production, is replacing the other ones – job, land and capital. This article tries to offer the origins and nature of the firm’s IC that can be labelled as ‘An Intellectual Capital-Based View of the Firm Competition’. This framework tries to highlight the strategic role of different intangible assets like talented (...) and committed workers, cultural values, or long-term relationships among the firm and its stakeholders – customers, allies, suppliers and society in general – in gaining and sustaining competitive advantages, being the management of IC a key issue in the management agenda. (shrink)

The COVID-19 pandemic represents the most significant global challenge in a generation. Based on extant data from previous pandemics, demographic, occupational, and psychological factors have been linked to distress and for some vulnerable members of society. COVID-19 has added to the layers of grief and distress of existing trauma. Evidence-based frameworks exist to guide our individual and collective response to reduce the trauma associated with the experience of a pandemic. Pandemic and post-pandemic measures to ameliorate impacts require a multi-disciplined approach, (...) central to which is community connectedness, resilience, and access to support. We advocate for the acceptance and broader application of Dadirri, a healing practice held by the Ngan'gikurunggurr and Ngen'giwumirri Aboriginal people of the Daly River region in the Northern Territory, Australia. This modality engages therapeutic phases that are comparable with other practiced trauma therapies. The demonstrated therapeutic outcomes from Dadirri can be attained through an individualistic or in a relational engagement context. This practice is accessible to all ages, is non-specific to gender and is suitable for people constrained in their mobility or limited by resources, pertinent in pandemic affected settings. (shrink)

The sense of touch informs us of the physical properties of our surroundings and is a critical aspect of communication. Before touches are perceived, mechanical signals are transmitted quickly and reliably from the skin's surface to mechano‐electrical transduction channels embedded within specialized sensory neurons. We are just beginning to understand how soft tissues participate in force transmission and how they are deformed. Here, we review empirical and theoretical studies of single molecules and molecular ensembles thought to be involved in mechanotransmission (...) and apply the concepts emerging from this work to the sense of touch. We focus on the nematode Caenorhabditis elegans as a well‐studied model for touch sensation in which mechanics can be studied on the molecular, cellular, and systems level. Finally, we conclude that force transmission is an emergent property of macromolecular cellular structures that mutually stabilize one another. (shrink)

Background Record linkage is a useful tool for health research. Potential benefits aside, its use raises discussions on privacy issues, such as whether a written informed consent for access to health records and linkage should be obtained. The authors aim to systematically review studies that assess consent proportions to record linkage. Methods 8 databases were searched up to June 2011 to find articles which presented consent proportions to record linkage. The screening, eligibility and inclusion of articles were conducted by two (...) independent reviewers. The authors carried out meta-regression, subgroup and sensitivity analyses to assess heterogeneity. Results Of the 141 studies identified, only 11 presented empirical consent proportions and were included in the systematic review. The consent proportion varied widely from 39% to 97%. Seven studies presented consent proportions of 88% or higher, one of 72%, and only three presented consented proportion equal to or lower than 53%. None of the studies' characteristics evaluated explained heterogeneity. Conclusion The results of this review show that, in general, individuals tend to consent to the use of their data for record linkage, with exceptions in specific populations or minorities. The authors believe that this, as well as the cited literature, lends support to policies that, while keeping relevant ethical controls in place, do not require individual informed consent for each and every study that relies on secondary data. (shrink)

How is medical knowledge made? There have been radical changes in recent decades, through new methods such as consensus conferences, evidence-based medicine, translational medicine, and narrative medicine. Miriam Solomon explores their origins, aims, and epistemic strengths and weaknesses; and she offers a pluralistic approach for the future.

For the last forty years, two claims have been at the core of disputes about scientific change: that scientists reason rationally and that science is progressive. For most of this time discussions were polarized between philosophers, who defended traditional Enlightenment ideas about rationality and progress, and sociologists, who espoused relativism and constructivism. Recently, creative new ideas going beyond the polarized positions have come from the history of science, feminist criticism of science, psychology of science, and anthropology of science. Addressing the (...) traditional arguments as well as building on these new ideas, Miriam Solomon constructs a new epistemology of science. After discussions of the nature of empirical success and its relation to truth, Solomon offers a new, social account of scientific rationality. She shows that the pursuit of empirical success and truth can be consistent with both dissent and consensus, and that the distinction between dissent and consensus is of little epistemic significance. In building this social epistemology of science, she shows that scientific communities are not merely the locus of distributed expert knowledge and a resource for criticism but also the site of distributed decision making. Throughout, she illustrates her ideas with case studies from late-nineteenth- and twentieth-century physical and life sciences. Replacing the traditional focus on methods and heuristics to be applied by individual scientists, Solomon emphasizes science funding, administration, and policy. One of her goals is to have a positive influence on scientific decision making through practical social recommendations. (shrink)

El presente artículo se propone identificar los fundamentos de la teoría de la comunicabilidad de la Obra de Arte que se puede extraer de los escritos de Edith Stein. Tras presentar el problema de la empatía y la base antropológica que afecta a los sujetos y objetos del mundo del arte, además de los posibles problemas en la transmisión de dicho mensaje artístico, se ahonda en las implicaciones de la consideración del arte como objeto y sujeto de empatía y el (...) sistema comunicativo que se puede establecer en el mundo del arte. (shrink)

El presente artículo se propone identificar los fundamentos de la teoría de la comunicabilidad de la Obra de Arte que se puede extraer de los escritos de Edith Stein. Tras presentar el problema de la empatía y la base antropológica que afecta a los sujetos y objetos del mundo del arte, además de los posibles problemas en la transmisión de dicho mensaje artístico, se ahonda en las implicaciones de la consideración del arte como objeto y sujeto de empatía y el (...) sistema comunicativo que se puede establecer en el mundo del arte. (shrink)

La técnica de reproducción asistida trae consigo un número de embriones sobrantes. Se propone una revisión del estado de la cuestión de estos embriones en el Perú. Se revisa desde las perspectivas biológica, ética y jurídica. Se profundiza en el ordenamiento jurídico peruano, sobre el estado de desprotección de estos embriones y se contrasta con una posible solución: la adopción embrionaria. Se constata el estado de incertidumbre de la situación de estos embriones y se concluye como ilegítima la práctica de (...) la adopción embrionaria, por vulnerar la dignidad y condición de sujeto de derecho del embrión sobrante. (shrink)

9th and 10th Nov. 2013 at Kyoto University. Organizers: Takeshi Sato and Shunsuke Sugimoto.

Economic and social activities are undergoing radical changes, which can be labelled as 'knowledge economy and/or society'. In this sense, intellectual capital (IC), or knowledge assets, as the fourth factor of production, is replacing the other ones-job, land and capital. This article tries to offer the origins and nature of the firm's IC that can be labelled as 'An Intellectual Capital-Based View of the Firm Competition'. This framework tries to highlight the strategic role of different intangible assets like talented and (...) committed workers, cultural values, or long-term relationships among the firm and its stakeholders-customers, allies, suppliers and society in general - in gaining and sustaining competitive advantages, being the management of IC a key issue in the management agenda. (shrink)

A new, social epistemology of science that addresses practical as well as theoretical concerns.

The question of whether it is ever permissible to believe on insufficient evidence has once again become a live question. Greater attention is now being paid to practical dimensions of belief, namely issues related to epistemic virtue, doxastic responsibility, and voluntarism. In this book, McCormick argues that the standards used to evaluate beliefs are not isolated from other evaluative domains. The ultimate criteria for assessing beliefs are the same as those for assessing action because beliefs and actions are both products (...) of agency. Two important implications of this thesis, both of which deviate from the dominant view in contemporary philosophy, are 1) it can be permissible to believe for non-evidential reasons, and 2) we have a robust control over many of our beliefs, a control sufficient to ground attributions of responsibility for belief. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Noble Impermanence of WaystationsMiriam Rowntree (bio)In the Austin-Bergstrom International Airport (ABIA), adjacent to Gate 14, a screen announces that boarding to Equestria is on time. The description below this announcement includes transport “through a portal to a parallel dimension” and a “harmonious sparkly” atmosphere. An attractive destination. Esquestria’s capital, Canterlot, offers castles, dragons, and, of course, ponies. As the heart of the My Little Pony universe, Canterlot boasts (...) a fantastical utopia. Gate ∞, as it is called (because its erstwhile home, Gate 13, is an unlucky number), imaginatively whisks weary travelers away to other fantastical destinations. Using a commonplace ticket machine or kiosk, travelers answer a series of whimsical questions and receive a ticket to a utopian destination that the machine has personally matched to the traveler for their mythical utopia. Doesn’t everyone want to go to lands of unicorns, ponies, or other such magic?The installation titled “Interimaginary Departures” draws upon 120 destinations drawn from various media, literature, and games, including Harry Potter, The Chronicles of Narnia, and The Wizard of Oz.1 Even the carpet is inspired by the rabbits of Watership Down. Artist Janet Zweig describes her art [End Page 570] installation as designed to “create generative situations in public settings” and Gate ∞ does invite possibility as it is situated in a portal askew to the portals of the real in the terminal. Gate ∞ boldly crosses a border wall at 7 degrees (fig. 1, p. 572), heightening the boundaries between the real and the unreal. The chairs, a trashcan, and a book are caught between worlds, a wall slicing through them. Although Zweig cites China Mieville’s The City and the City (2009) as inspiration for her art installation, for me, the juxtaposition of the “interimaginary” and the real calls to mind Olga Tokarczuk’s book Flights (2007).2 While Zweig’s kiosk personally recommends Equestria (fig. 2, p. 573), ABIA is itself merely a waystation on my own trip between Texas and Rome.Tom McAllister’s review of Flights in the Washington Post describes the book as “beautifully fragmented,” not unlike Zweig’s “Interimaginary Departures” which relies on structural fragmentation of a space to exemplify the interposition of the imaginary and the real.3 This book captivated me from the first strange narrative when I tried to read it several years ago. However, I found it difficult to finish the first time as the stories in each section (there are no chapters) moved rapidly from one place, person, idea, and time to the next. McAllister says that “the disconnectedness is part of the point; they are fragments of people’s lives, a patchwork of personal experience, secondhand observation and imagination. Each story appears, draws our attention and then fades as the narrator finds her way to a new hotel, a new airport.” Perhaps the disconnectedness is the point, but I have found that Tokarczuk also infuses the sections with a sense that “there exists in the world’s coordinate system a perfect point where time and space reach an agreement” (4). Like Zweig’s “Interimaginary Departures,” that agreement is found in movement and the waystations toward that right time and place.Destination: RomeI settle into my seat next to my two daughters. Our flight will land in Rome at 8:00 am tomorrow. I have prepared them for what this means for our bodies. Jet lag is no joke. We shuffle our things around, air pods in the seat pocket in front of us, our bags tucked into the overhead bins. I take out my book and open it to the first page as my girls turn on the tv screens nestled in the seat in front of them. “Here I am” it says in bold letters at the top of the first page of Tokarczuk’s book. The narrator announces their presence (here) with the imperative of existence (I am). I take out my pen as is my habit, but it falls to the side as I read the first [End Page 571] Click for larger view View full resolutionFigure 1.A view from the Interimaginary Departures exhibit at Gate 13, or Gate Infinity, in Austin-Bergstrom International... (shrink)

El “centro” constituye el punto más importante de las ciudades (Gutman y Hardoy, 1992; Hiernaux, 2007). Este término es entendido como un área concreta con capacidad de atraer e influir en el resto de los espacios urbanos que integra y cuyas funciones varían en función de su tipología, de sus relaciones y de su propio entorno (Mayorga y Pla, 2012).

Non-financial interests, and the conflicts of interest that may result from them, are frequently overlooked in biomedicine. This is partly due to the complex and varied nature of these interests, and the limited evidence available regarding their prevalence and impact on biomedical research and clinical practice. We suggest that there are no meaningful conceptual distinctions, and few practical differences, between financial and non-financial conflicts of interest, and accordingly, that both require careful consideration. Further, a better understanding of the complexities of (...) non-financial conflicts of interest, and their entanglement with financial conflicts of interest, may assist in the development of a more sophisticated approach to all forms of conflicts of interest. (shrink)

It seems like we care about at least two features of our credence function: gradational-accuracy and verisimilitude. Accuracy-first epistemology requires that we care about one feature of our credence function: gradational-accuracy. So if you want to be a verisimilitude-valuing accuracy-firster, you must be able to think of the value of verisimilitude as somehow built into the value of gradational-accuracy. Can this be done? In a recent article, Oddie has argued that it cannot, at least if we want the accuracy measure (...) to be proper. I argue that it can. 1Introduction2Some Nuts and Bolts3First Attempts4Oddie’s Constraint5The Good5.1Proximity over the disagreement metric 5.2Proximity over the magnitude metric 6The Bad and the Ugly 7Some More Good: The Role of Evenness of Distribution 8Some More Bad: Which Propositions to Privilege? 9Concluding Thoughts: Accuracy and Practical Value. (shrink)

In this paper, I begin by defending permissivism: the claim that, sometimes, there is more than one way to rationally respond to a given body of evidence. Then I argue that, if we accept permissivism, certain worries that arise as a result of learning that our beliefs were caused by the communities we grew up in, the schools we went to, or other irrelevant influences dissipate. The basic strategy is as follows: First, I try to pinpoint what makes irrelevant influences (...) worrying and I come up with two candidate principles. I then argue that one principle should be rejected because it is inconsistent with permissivism. The principle we should accept implies that it is sometimes rational to maintain our beliefs, even upon learning that they were caused by irrelevant influences. (shrink)

Daniel Weiskopf has recently raised an apparently powerful objection against the so-called “extended mind thesis” with regard to beliefs. His argument is that since alleged cases of “extended beliefs” lack a characteristic feature of beliefs properly so called (newly acquired beliefs are usually integrated with already existing beliefs rapidly, automatically and unconsciously), they do not count as genuine beliefs properly so called. We defend the extended mind thesis by arguing that Weiskopf is wrong. First, we suggest an alternative account of (...) informational integration that is compatible with externally stored beliefs’ being beliefs properly so called, emphasizes the crucial role action plays for cognition, and stresses the embodied and situationally embedded nature of human cognizers. Second, we argue that even if informational integration were usually rapid, automatic, and unconscious, this would not be an essential feature of beliefs. Third, we argue that even if rapid, automatic, and unconscious informational integration were characteristic of our commonsense conception of beliefs, externally stored “beliefs” would still be sufficiently similar to beliefs properly so called for them to be grouped together for all practical and scientific purposes. (shrink)

The work of Tversky, Kahneman and others suggests that people often make use of cognitive heuristics such as availability, salience and representativeness in their reasoning and decision making. Through use of a historical example--the recent plate tectonics revolution in geology--I argue that such heuristics play a crucial role in scientific decision making also. I suggest how these heuristics are to be considered, along with noncognitive factors (such as motivation and social structures) when drawing historical and epistemological conclusions. The normative perspective (...) is community-wide, contextual, and instrumental. (shrink)

Recent studies :98–144, 2002; Weismann, J Bus Ethics 88:615–66, 2009) revealed that in the first 28 years of its existence, the Foreign Corrupt Practices Act was not enforced by the federal government. The Weismann study further concluded that the FCPA, designed by Congress as a self-regulatory model of corporate governance, failed to achieve the regulatory goal of deterring global bribery by U.S. companies. The current article addresses the reasons that the FCPA remains an ineffective measure to control bribery as a (...) global market entry strategy despite the highly publicized 2006 Department of Justice initiative to increase prosecutions and tighten enforcement efforts. The failure arises out of both the increased use of informal dispositions of case prosecutions,, which has made “getting caught” merely an increased “cost of doing business” and the failure to close the regulatory gaps in the statute that permit violators to slip through the enforcement net. The article updates and compiles the case prosecution data for every reported case prosecuted between 1977 and 2011. That data are then compared to the results of a 2010 integrity risk survey performed by Deloitte Financial Advisory Services and Forbes which reveal a widely held global business perception that compliance and integrity risks appear to be rising sharply and that the FCPA is ineffective in deterring bribery and corruption in foreign markets. The article aims to serve as a predictive tool for policy makers and business professionals in assessing risk in the global markets, particularly as commerce intensifies in the BRIC countries, notable for bribery and corruption. (shrink)

The American regulatory model of corporate governance rests on the theory of self-regulation as␣the most effective and efficient means to achieve corporate self-restraint in the marketplace. However, that model fails to achieve regular compliance with baseline ethical and legal behaviors as evidenced by a century of repeated corporate debacles, the most recent being Enron, WorldCom, and Refco. Seemingly impervious to its domestic failure, Congress imprinted the same self-regulation paradigm on legislation restraining global business behavior, the Foreign Corrupt Practices Act. This (...) anti-bribery initiative prohibits unethical and illegal payments made to foreign public officials in an effort to eradicate bribery as a rational-choice global market entry strategy. However, this paper illustrates, using newly complied statistics from 1977 to 2008, that the FCPA has not had a dramatic impact on U.S. global corporate behavior despite its recent high profile coverage and the tough regulatory rhetoric about corporate compliance. The paper also extends the prior Cragg and Woof FCPA efficiency study and provides current empirical evidence to resolve several unanswered questions raised by that earlier study. (shrink)

Using a conceptual framework and method combining ethical enquiry and phenomenology, we asked 73 senior baccalaureate nursing students to answer two questions: (1) What is nursing students’ experience of an ethical problem involving nursing practice? and (2) What is nursing students’ experience of using an ethical decision-making model? Each student described one ethical problem, from which emerged five content categories, the largest being that involving health professionals (44%). The basic nature of the ethical problems consisted of the nursing students’ experience (...) of conflict, resolution and rationale; 85% of the students stated that using an ethical decision-making model was helpful. Although additional research is needed, these findings have important implications for nursing ethics education and practice. (shrink)

My main aim in this paper is to specify conditions that distinguish rational, or justified, hope from irrational, or unjustified hope. I begin by giving a brief characterization of hope and then turn to offering some criteria of rational hope. On my view both theoretical and practical norms are significant when assessing hope’s rationality. While others have recognized that there are theoretical and practical components to the state itself, when it comes to assessing its rationality, depending on the account, only (...) one of these dimensions matters. Either hope’s rationality is taken to be entirely derivative on the rationality of some belief that the hope entails, or the focus is entirely on the practical dimensions. If we take seriously the idea that both kinds of norms are at play, an account which treats these both as salient and as intertwining in important ways is preferable. I argue that as the practical importance of hope increases, the demand for the level of evidential support lessens and as the stakes get lower, the evidence for the likeliness of the hoped-for outcome coming to be must go up for the hope to be rational. This is so because a hope is rational insofar as it contributes to agential flourishing, but the different dimensions of hope each pick out different aspects of agency; to hope well requires agential competence in both the epistemic and practical realms. (shrink)

This paper is about the connection between rationality and accuracy. I show that one natural picture about how rationality and accuracy are connected emerges if we assume that rational agents are rationally omniscient. I then develop an alternative picture that allows us to relax this assumption, in order to accommodate certain views about higher order evidence.

This paper takes a new look at an old question: what is the human self? It offers a proposal for theorizing the self from an enactive perspective as an autonomous system that is constituted through interpersonal relations. It addresses a prevalent issue in the philosophy of cognitive science: the body-social problem. Embodied and social approaches to cognitive identity are in mutual tension. On the one hand, embodied cognitive science risks a new form of methodological individualism, implying a dichotomy not between (...) the outside world of objects and the brain-bound individual but rather between body-bound individuals and the outside social world. On the other hand, approaches that emphasize the constitutive relevance of social interaction processes for cognitive identity run the risk of losing the individual in the interaction dynamics and of downplaying the role of embodiment. This paper adopts a middle way and outlines an enactive approach to individuation that is neither individualistic nor disembodied but integrates both approaches. Elaborating on Jonas’ notion of needful freedom it outlines an enactive proposal to understanding the self as co-generated in interactions and relations with others. I argue that the human self is a social existence that is organized in terms of a back and forth between social distinction and participation processes. On this view, the body, rather than being identical with the social self, becomes its mediator. (shrink)