The beginning of the twenty-first century saw an apparent change in language in public discourses characterised by the rise of so-called “essentially oxymoronic concepts”, i.e., mainly oxymora and paradoxes. In earlier times, these rhetorical figures of speech were largely reserved for the domain of literature, the arts or mysticism. Today, however, many new technologies and other innovations are contributing to their rise also in the domains of science and of law. Particularly in law, their inherent contradictory quality of combining apparently (...) antagonistic suppositions challenges the traditional dualistic mode of reasoning and binary logic. As reflected in terms like fake news, alternative facts or conspiracy theories, these concepts are seen as a threat to the rule of law and legal certainty and have been described as harbingers of an age of disinformation or post-truth. The challenge posed by these apparently contradictory concepts requires a closer look at the premises that guide our legal thinking and a more integrated theory of the senses and their role in law, as captured by the terms “legal synaesthesia” and “legal semiotics”. It also calls for an inquiry into the mind’s functioning generally and how it processes information in the creative process of decision making, linking thoughts and actions as well as facts and fictions. Based on the qualification of “fake news” as an oxymoron, this article critically examines the deficiencies in a dichotomous distinction between fact and fiction exemplified by information about the pandemic of coronavirus disease 2019 in an attempt to clarify the principal issues for a global regulatory debate regarding “fake news”. (shrink)

In 2021, 193 Member States at UNESCO’s General Conference adopted the Recommendation on the Ethics of Artificial Intelligence as the first important step towards a future global standard-setting instrument on the subject. The text reflects an emerging consensus among the international community about the growing ethical concerns with artificial intelligence (AI). Among these concerns are also serious risks and dangers attributed to the manipulative effects of AI, which can be further exacerbated by the creative combination of AI with other innovative (...) technologies or applications, such as brain–computer interfaces (BCIs), functional magnetic resonance imaging (fMRI), robotics, and big data. The risks for individuals and society as a whole caused by manipulation through AI are already well known and have recently also been addressed by the European Union having released a proposal for an Artificial Intelligence Act (AIA). Among multiple risks related to AI, the AIA singles out the specific dangers related to AI systems that deploy “subliminal techniques beyond a person’s consciousness to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm”. The present article thus aims to highlight the known and potential dangers related to AI systems manipulating human thoughts and behaviour through subliminal and supraliminal means and methods. To this end, it advocates the joint study of law and the senses captured by the concept of legal synaesthesia to correspond to the need for an interdisciplinary debate covering the complexity of the links between AI, related technologies, human perception based on the senses and the mind, as well as the role and instruments of law in the future organization of societies in this world. (shrink)

PurposeThe purpose of this paper is to present a case study of the creation of a Knowledge Zone in Curaçao to provide an insight into how a Knowledge Zone is established. After devising a vision, strategic alliances were formed. This created synergy and momentum, giving the project and process a life of their own.Design/methodology/approachThe project of creating a K‐Zone is based on a theoretical framework which draws upon the notion of a creative class, and how it can be attracted to (...) a specific location. It also deploys change management methodology, which describes how change is implemented. The theory states that creativity will drive the economy in the future and that societies that are able to attract the creative class will excel. It is not clear what attracts the creative class but it is believed that a certain life style, concentrations of peers and virtual and physical connectivity are essential. To create these conditions some changes must be implemented and these changes are often resisted in the beginning.FindingsKnowledge Zones can be created if there is a clear shared vision, leadership and alliances that forge synergies. The project was started in 2010 by the UNA under the presidency of Dr Miguel Goede, the Rector Magnificus of the University of the Netherlands Antilles. With the support of the Board of Supervisors, the UNA entered/sought alliances with the nearby Carmabi Research Institute and the neighbouring school for nurses, which opened a new school building within the designated zone. The UNA also provided the impetus to start a campaign to construct a new hospital that was planned for the area neighbouring the university and to start a school of medicine. But the breakthrough came when the local telecom provider, United Telecommunication Services, decided to provide the university with dedicated internet connections that were capable of the highest speed available on the island.Originality/valueThe paper contributes to a framework for understanding the creative economy of Small Islands Developing States in the Caribbean and how change can be implemented in these settings. (shrink)

Regulating the Creative Economy Drastic changes have occurred throughout the past century and the world community is struggling to find the exact concepts to describe, understand and, possibly, govern them. One of the concepts used to describe these changes is the so-called "creative economy". Even though the concept is becoming more frequently used, it lacks a precise definition and its meaning remains elusive. Moreover, the proliferation of related concepts, such as the "experience economy", the "cultural economy", the "knowledge-based economy" and (...) the "creative and cultural industries", further obscures its precise scope and meaning. These concepts are, however, no less elusive, particularly because they are of a dual or oxymoronic character, which variably combines aspects of culture, creativity and intellectual creation on the one hand with those of the economy, business, trade and commerce on the other.In sum, the conceptual uncertainties also translate into major difficulties in finding appropriate regulatory responses in the sphere of law. The aim of the present article is therefore to cast light on the meaning of the concept of the creative economy with a view to paving the way for its better and more efficient regulation in the legal sphere. To this end, the first part offers a comprehensive interpretative analysis of the "creative economy" with a view to establishing its value to the present global governance debate. Based on the evidence that designates the creative economy as an evolving concept requiring a multidisciplinary model for the formulation of an adequate approach in law- and policymaking, the second part discusses some of the creative economy's major implications in the sphere of law. In this regard, several regulatory examples appear to advocate the abandonment of the conventional in favour of a more holistic method of regulation. The article concludes with some recommendations that are deemed useful for further debate and research in this area, which ultimately may contribute to the formulation of the kind of creative laws that are needed for the successful regulation of the creative economy in the future. (shrink)