This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. Consideration is also given to more recent technological breakthroughs that are now used to assist, and - at times - substitute for, human work, such as automation, robots, sensors, and (...) algorithms. The chapters presented in this edition address these issues from the perspective of different legal backgrounds. The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security. Notably, some of the complexities and salient points with regard to the new European General Data Protection Regulation (EU GDPR) and the new amendments to the Japan's Personal Information Protection Act (PIPA) have been scrutinized. The second part looks at the vital role of Internet intermediaries (or brokers) for the proper functioning of the globalized electronic market and innovation technologies in general. The third part examines an electronic approach to evidence with an evaluation of how these technologies affect civil and criminal investigations. The authors also explore issues that have emerged in e-commerce, such as Bitcoin and its blockchain network effects. The book aims to explain, systemize and solve some of the lingering legal questions created by the disruptive technological change that characterizes the early twenty-first century. (shrink)

Artificial intelligence and related technologies are changing both the law and the legal profession. In particular, technological advances in fields ranging from machine learning to more advanced robots, including sensors, virtual realities, algorithms, bots, drones, self-driving cars, and more sophisticated "human-like" robots are creating new and previously unimagined challenges for regulators. These advances also give rise to new opportunities for legal professionals to make efficiency gains in the delivery of legal services. With the exponential growth of such technologies, radical disruption (...) seems likely to accelerate in the near future. This collection brings together a series of contributions by leading scholars in the newly emerging field of artificial intelligence, robotics, and the law. The aim of the book is to enrich legal debates on the social meaning and impact of this type of technology. The distinctive feature of the contributions presented in this edition is that they address the impact of these technological developments in a number of different fields of law and from the perspective of diverse jurisdictions. Moreover, the authors utilize insights from multiple related disciplines, in particular social theory and philosophy, in order to better understand and address the legal challenges created by AI. Therefore, the book will contribute to interdisciplinary debates on disruptive new AI technologies and the law. (shrink)

This book takes an exciting perspective on language change, by explaining it in terms of Darwin's evolutionary theory. Looking at a number of developments in the history of sounds and words, Nikolaus Ritt shows how the constituents of language can be regarded as mental patterns, or 'memes', which copy themselves from one brain to another when communication and language acquisition take place. Memes are both stable in that they transmit faithfully from brain to brain, and active in that their (...) success at replicating depends upon their own properties. Ritt uses this controversial approach to challenge established models of linguistic competence, in which speakers acquire, use, and shape language. In Darwinian terms, language evolution is something that happens to, rather than through, speakers, and the interests of linguistic constituents matter more than those of their human 'hosts'. This book will stimulate debate among evolutionary biologists, cognitive scientists and linguists alike. (shrink)

One aim of this article is to explore the connection between the Knobe effect and the epistemic side-effect effect (ESEE). Additionally, we report evidence about a further generalization regarding probability judgments. We demonstrate that all effects can be found within German material, using ‘absichtlich’ [intentionally], ‘wissen’ [know] and ‘wahrscheinlich’ [likely]. As the explanations discussed with regard to the Knobe effect do not suffice to explicate the ESEE, we survey whether the characteristic asymmetry in knowledge judgments is caused by a differing (...) perception of probabilities concerning the occurrence of the side-effects. Our findings show that a negative side-effect is judged more probable, even if the objective probabilities would suggest otherwise. We argue that the best explanation for these results is that the Knobe effect applies to the perception of probabilities as well: a probabilistic side-effect effect. (shrink)

This paper discusses the view that subjectifications are primarily motivated by speakers’ need for self-expression. Approaching the issue from the perspective of animal signalling, we propose that semantic subjectifications are at least equally likely to reflect evaluations and attitudes read into utterances by listeners who attempt to read speakers’ minds. We compare speaker-based and listener-based theories with regard to their predictions, sketch ways in which they can be tested and report findings from first attempts at doing so. First, we report (...) evidence from diachronic corpora. Second, we describe a game-theoretic model that relates listener’s interest in speaker intentions to the average degree of speaker-honesty in a population. Third, we report preliminary results of an experiment in which we tested if listeners were more likely to interpret an utterance as indexing speaker subjectivity when they perceived speakers as more powerful. We conclude that the listener-based hypothesis of subjectification is solid enough to warrant further investigation. (shrink)

My paper focuses on two different ways of relating textuality and asceticism in late medieval vernacular texts. The first part investigates various textual representations of the polyvalent ascetic biography of Elizabeth of Hungary (most of them based on the ‘Vita S. Elyzabeth’ by Dietrich von Apolda), and observes that Elizabeth’s rather modern, worldly ascetic practices did not inhibit monastic reception of their hagiographic representations in the vernacular. Nonetheless, at least one passage of the different versions of the ‘Vita’ questions, in (...) a more or less pronounced manner, the very possibility of representing ascetism. Rutebeuf’s 13th-century French version puts it most clearly: It is not the movement of lips and teeth that leads to salvation, but true compunction. Subsequently, the second part discusses a related question raised by a 14th-century Rhenish Franconian confessional handbook: Does textual ascetism have to be encoded via linguistic form? (shrink)

René Girard’s mimetic theory sees mimesis as the most central determinant of human behavior. According to him it also generated so much violence that it threatened the very existence of humanity. Yet, the same force also found a means to minimize and contain violence—through religion. Girard distinguishes between archaic and Biblical religion and finds criteria for this distinction and the anthropology and theology of a religion. This article tries to give an overview of Girard’s theory with special consideration to the (...) role of religion. (shrink)

Am 10. Dezember 2018 jahrte sich zum siebzigsten Mal die Verabschiedung der Menschenrechtserklarung der Vereinten Nationen. Diese Untersuchung vergleicht das in der Menschenrechtserklarung ausgedruckte Verstandnis von Wurde und Freiheit mit der christlichen und kantischen Konzeption dieser fundamentalen Werte. So wird deutlich, worin ihr innovativer Charakter besteht und wie sehr diese Erklarung die ersten beiden Artikel des Grundgesetzes der Bundesrepublik Deutschland beeinflusst hat. Zugleich soll der Vergleich der vier Konzeptionen von Wurde und Freiheit zeigen, weshalb beispielsweise in Konfliktfallen am Lebensanfang und (...) Lebensende, bei der Frage nach der Zulassigkeit von Todesstrafe und Folter, beim Ringen um Religions-, Meinungs- und Gewissensfreiheit, beim Umgang mit Diskriminierung wegen des Geschlechts oder der sexuellen Orientierung und bei der Frage nach einem angemessenen Asylrecht diese vier Konzeptionen nicht zu denselben Antworten kommen. Deshalb ist dieses Buch als ein Angebot zu verstehen, sich selbst mit diesen Konzeptionen von Wurde und Freiheit auseinanderzusetzen, ihre jeweiligen Voraussetzungen besser zu verstehen und die hier vertretene Interpretation von Wurde und Freiheit im Hinblick auf die benannten Konfliktfalle zu beurteilen. (shrink)

This paper explores the notion that economic preferences were shaped by the joint action of genetic and cultural evolution. We review the evidence that preferences are partly innate, the output of genetic forces, and partly plastic, the output of cultural forces. A model of how genes and culture might jointly shape preferences is sketched.

Der Hippokratische Eid prägt bis heute die ärztliche Praxis – und das zu Recht. Die Betonung ärztlicher Expertise und die Sorge um das Patientenwohl haben bis heute nichts von ihrer Aktualität eingebüßt. Allerdings fehlen Überlegungen zur Patientenselbstbestimmung und zur Gerechtigkeit im Gesundheitswesen. Heutige Konflikte am Lebensanfang, am Lebensende und im Bereich der Gesundheitsversorgung erfordern daher, den Eid neu zu denken. In diesem Buch, das sich an Studierende der Medizin, aber auch interessierte Laien und Fachkollegen wendet, werden die wichtigsten medizinethischen Konfliktfälle, (...) u.a. Fragen zu Gentechnik, Enhancement, Organspende und Sterbehilfe, behandelt. (shrink)

Charles Peirce claimed that the principal ingredient in assertion is an act of “taking responsibility” for the truth of what is asserted. Some people writing about the Commitment Theory of Assertion have at times construed Peirce’s claim as his espousal of that contemporary theory, but this, I argue, is mistaken. Peirce saw “taking responsibility” as the assumption, not of an obligation, but instead of a liability, a penalty to be incurred if one’s assertion turned out to be false. I then (...) consider how this point connects to other parts of Pierce’s analysis of assertion, specifically his claims that we assert to persuade, that assertion involves an intentional exhibition of our assumption of liability, and that this assumption of liability furnishes evidence for what is asserted. I conclude by sketching on Peirce’s behalf how the assumption of liability could constitute, and be intelligibly offered as, evidence for what is asserted. (shrink)

Although he spoke rarely about them, J.M.Bocheski considered values important.However, as he was little if at all familiarwith metaethics as developed by analyticphilosophers, he was convinced that the bestdiscussion of values is to be found in thewritings of Max Scheler. The paper tries toshow that to defend Scheler's ideas on thesubject is difficult today. Indeed the authorsuggests that to talk about values is to beeasily seduced into a discussion ofpseudo-problems.

Although he spoke rarely about them, J.M.Bochenski considered values important.However, as he was little if at all familiarwith metaethics as developed by analyticphilosophers, he was convinced that the bestdiscussion of values is to be found in thewritings of Max Scheler. The paper tries toshow that to defend Scheler's ideas on thesubject is difficult today. Indeed the authorsuggests that to talk about values is to beeasily seduced into a discussion ofpseudo-problems.