The debate about the Strategic Foul has been rumbling on for several decades and it has predominantly been fought on moral grounds. The defenders claim that the rules of a game must be supplemented by the ‘ethos’ of the game, by its conventions or informal rules. Critics of the Strategic Foul argue that to break the rules deliberately, in order to gain an advantage, is morally wrong, spoils the game, or is a form of cheating. Rather than entering the moral (...) maze I will argue that the Strategic Foul rests on a conceptual mistake. I will contrast the Strategic Foul with the idea of Efficient Breach in the economic approach to law in order to bring out some of the salient features. While doing so I will attempt some cross-fertilisation between jurisprudential insights and philosophical reflection on game rules. Finally, I will re-cast Searle’s distinction between constitutive and regulative rules in order to bring out the conceptual mistake more clearly. (shrink)

Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and profitable’ breaches). In this article, (...) we evaluate this approach, focusing on the effects of disgorgement remedies on allocative and productive efficiency, information-forcing and competitive effects, and restraint of breach-searching incentives. We show that, even from a purely consequentialist perspective, disgorgement remedies may be normatively warranted, especially when involving sellers’ breach. Recent experimental evidence revealed that the preferences and reactions of ordinary people are in line with our evaluation of the effects of opportunistic breach. (shrink)

Medical ethics is a realm where four important subjects of philosophy, medicine, theology and law are covered. Physicians and philosophers cooperation in this area will have great efficiency in the respective ethical rules formation. In addition to respect the autonomy of the patient, physician's obligation is to ensure that the medical intervention has benefit for the patient and the harm is minimal. There is an obvious conflict between duty of confidentiality and duty of mandatory reporting. Professional confidentiality is one of (...) the basic components in building a constant physician-patient relationship which nowadays, beside the novelty, it is the subject of discussion. Legal obligation of confidentiality is not absolute. In physician-patient relationship, keeping patient's secrets and maintaining confidentiality is a legal and ethical duty, and disclosure of such secrets is mainly through specific statutes. Thus, there are a number of situations where breach of confidentiality is permitted in different legal systems. One of the situations where breaching confidentiality is permitted is the medical mandatory reporting to the relevant authority which is in accordance with many countries' legal systems. Some situations are considered in many countries legal systems' such as notification of births and deaths, infectious diseases, child abuse, sport and relevant events, medical errors, drug side effects and dangerous pregnancies. In this paper, we will examine and discuss medical mandatory reporting and its ethical and legal aspects in the judicial and legal system of Iran and few other countries. Finally we will suggest making Medical Mandatory Reporting Law in Iran. (shrink)

This article focuses on cases of restitution within contract, investigating the normative desirability of enabling a promise to pursue the profits derived by the promisor through a breach of contract as an alternative pecuniary remedy of wide applicability. Situated at the frontier of both contractual and restitutionary liability, the question of whether restitutionary damages for breach of contract should be available has received a considerable amount of attention. This article makes a critical examination of the normative groundings that (...) have been proposed for and against awarding this pecuniary remedy. This article arrives at two significant conclusions. The first is deconstructive. Parts I and II critique two conventional arguments often raised in the debate over restitutionary damages. These Parts raise doubts as to the ability of these arguments to substantiate the doctrinal conclusions they purport to support. I claim that both promise-keeping and unjust enrichment are neutral between rules offering restitutionary damages and denying such awards. The significance of the results of this analysis extends beyond the specific questions at hand, since these arguments dominate many of the debates surrounding private law theory. The second conclusion reached is reconstructive. Parts III, IV and V present three normative considerations that are more helpful: protection of proprietary rights, enhancement of efficiency, and good faith. Here an attempt is made to reconceptualize the conventional arguments for the derivation of legal rules from these normative prescriptions. From this reconceptualization, we realize that in order to settle the debate over restitutionary damages for breach of contract, a choice must be made between the instrumental conception of contract and its more cooperative alternative. Thus, it emerges that here, too, just as in the case of many other legal issues, the persistent need to choose between two conflicting social visions cannot be avoided. (shrink)

Corruption is a serious problem in Mexico and the available information regarding the levels of academic dishonesty in Mexico is not very encouraging. Academic integrity is essential in any teaching-learning process focussed on achieving the highest standards of excellence and learning. Promoting and experiencing academic integrity within the university context has a twofold purpose: to achieve the necessary learnings and skills to appropriately perform a specific profession and to develop an ethical perspective which leads to correct decision making. The objective (...) of this study is to explore the relationship between academic integrity and ethical behaviour, particularly workplace behaviour. The study adopts a quantitative, hypothetical and deductive approach. A questionnaire was applied to 1203 college students to gather information regarding the frequency in which they undertake acts of dishonesty in different environments and in regards to the severity they assign to each type of infraction. The results reflect that students who report committing acts against academic integrity also report being involved in dishonest activities in other contexts, and that students who consider academic breaches less serious, report being engaged in academic misconduct more frequently in different contexts. In view of these results, it is unavoidable to reflect on the role that educational institutions and businesses can adopt in the development of programmes to promote a culture of academic integrity which: design educational experiences to foster learning, better prepare students to fully meet their academic obligations, highlight the benefits of doing so, prevent the severity and consequences of dishonest actions, discourage cheating and establish clear and efficient processes to sanction those students who are found responsible for academic breaches. (shrink)

In cybersecurity, there is a call for adaptive, accurate and efficient procedures to identifying performance shortcomings and security breaches. The increasing complexity of both Internet services and traffic determines a scenario that in many cases impedes the proper deployment of intrusion detection and prevention systems. Although it is a common practice to monitor network and applications activity, there is not a general methodology to codify and interpret the recorded events. Moreover, this lack of methodology somehow erodes the possibility of (...) diagnosing whether event detection and recording is adequately performed. As a result, there is an urge to construct general codification and classification procedures to be applied on any type of security event in any activity log. This work is focused on defining such a method using the so-called normalized compression distance (NCD). NCD is parameter-free and can be applied to determine the distance between events expressed using strings. As a first step in the concretion of a methodology for the integral interpretation of security events, this work is devoted to the characterization of web logs. On the grounds of the NCD, we propose an anomaly-based procedure for identifying web attacks from web logs. Given a web query as stored in a security log, a NCD-based feature vector is created and classified using a support vector machine. The method is tested using the CSIC-2010 data set, and the results are analyzed with respect to similar proposals. (shrink)

Evolution is often characterized as a tinkerer that creates efficient but messy solutions to problems. We analyze the nature of the problems that arise when we try to explain and understand cognitive phenomena created by this haphazard design process. We present a theory of explanation and understanding and apply it to a case problem – solutions generated by genetic algorithms. By analyzing the nature of solutions that genetic algorithms present to computational problems, we show that the reason for why (...) evolutionary designs are often hard to understand is that they exhibit non-modular functionality, and that breaches of modularity wreak havoc on our strategies of causal and constitutive explanation. (shrink)

Trust can be thought of as a three place relation: A trusts B to do X. Trustworthiness has two components: competence (does the trustee have the relevant skills, knowledge and abilities to do X?) and willingness (is the trustee intending or aiming to do X?). This chapter is about the willingness component, and the different motivations that a trustee may have for fulfilling trust. The standard assumption in economics is that agents are self-regarding, maximizing their own consumption of goods and (...) services. This is too restrictive. In particular, people may be concerned with the outcomes of others, and they may be concerned to follow ethical principles. I distinguish weak trustworthiness, which places no restrictions on B’s motivation for doing X, from strong trustworthiness, where the behaviour must have a particular non-selfish motivation, in finance the fiduciary commitment to promote the interests of the truster. I discuss why strong trustworthiness may be more efficient and also normatively preferable to weak. In finance, there is asymmetric information between buyer and seller, which creates a need for trustworthy assessment of products. It also creates an ambiguity about whether the relationship is one of buyer and seller, governed by caveat emptor, or a fiduciary relationship of advisor and client. This means that there are two possible reasons why trust may be breached: because the trustee didn’t realise that the truster framed the relationship as a fiduciary one, or because the trustee did realise but actively sought to take advantage of the trust. Correspondingly, there are two possible types of agent: normal people who are not always self-regarding and who are trust responsive (if they believe that they are being trusted then they are likely to fulfill that trust), and knaves, after Hume’s character who is always motivated by his own private interest. We can increase the trustworthiness of normal people by getting them to re-frame the situation as one of trust, so they will be strongly trustworthy (i.e. change of institutional culture), and by providing non-monetary incentives (the correct choice of incentive will depend on exactly what their non-selfish motivation is). Knaves need sanctions, which can make them weakly trustworthy. However, this is a delicate balance because sanctions can crowd out normative frames. We can also increase the trustworthiness of financiers by making finance less attractive to knaves; changing the mix of types in finance could help support the necessary cultural change. (shrink)

Internet of Things-based environments pose various challenges due to their anytime/anywhere computing, and the efficient cryptographic based key management is one of the major challenges in Internet of Things. The key management life cycle consists of initialization, key generation, key registration, key backup, key update, key recovery, and key revocation. Our contribution in this paper is to summarize the state-of-the-art key management schemes and techniques in different scenarios, such as mobile ad hoc networks, wireless sensor networks, and the Internet (...) of Things environments. Further different issues related specifically to the Internet of Things environment are discussed and the causes and effects pertaining to the security breach for Internet of Things are identified. Furthermore, in this research work, we develop a novel permutation of threshold and identity-based key management schemes for the Internet of Things environment and have proposed future directions to counteract the attacks on confidentiality, integrity, authentication, and availability of security services in the Internet of Things environment and identified the two key management schemes, that is, identity and threshold schemes for Internet of Things, to resolve Internet of Things key management issues and maximum possible security services effective implementation. We evaluate our scheme with the help of mathematical and statistical techniques. (shrink)

The Internet of Things (IoT) is a fast-growing technology that connects everyday devices to the Internet, enabling wireless, low-consumption and low-cost communication and data exchange. IoT has revolutionized the way devices interact with each other and the internet. The more devices become connected, the greater the risk of security breaches. There is currently a need for new approaches to algorithms that can detect malware regardless of the size of the network and that can adapt to dynamic changes in the network. (...) Through the use of a multi-agent reinforcement learning algorithm, this paper proposes a novel algorithm for malware detection in IoT devices. The proposed algorithm is not strongly dependent on the size of the IoT network due to the that its training is adapted using time differences if the IoT network size is small or Monte Carlo otherwise. To validate the proposed algorithm in an environment as close to reality as possible, we proposed a scenario based on a real IoT network, where we tested different malware propagation models. Different simulations varying the number of agents and nodes in the IoT network have been developed. The result of these simulations proves the efficiency and adaptability of the proposed algorithm in detecting malware, regardless of the malware propagation model. (shrink)

Credibility and reliability of counter-partners are the most important features required for the efficient functioning of financial markets. Violating these requirements is an important aspect of the operational risk, posed by the human factor – both internal (managers, employees) and external (customers, shareholders, competitors, supervisors). Therefore, having a limited impact on the behaviour of outside persons, the financial institutions formulate high standards towards their own personnel. It concerns formal qualifications and professional experience, as well as specific personality traits and (...) appropriate behaviour in various situations. These standards are specified in numerous recent ethics codes – documents formulating the socalled ‘corporate governance best practices’ in internal and external relations to other people. The aim of this paper is to draw attention to the fact that some of these standards generate in praxis a number of dilemmas or even conflict situations, when there appears a question of to what extent the application of a given rule does not breach other rules. Theoretically, corporate governance practices should be internally consistent. However, everyday experience brings such a multitude of real situations, diverse human characters or individual reactions that there appears a need for a sensible compromise between values of equal importance which, in some cases, prove contradicting. (shrink)

The 2003 blackout in the northern and eastern U.S. and Canada which caused a $6 billion loss in economic revenue is one of many indicators that the current electrical grid is outdated. Not only must the grid become more reliable, it must also become more efficient, reduce its impact on the environment, incorporate alternative energy sources, allow for more consumer choices, and ensure cyber security. In effect, it must become smart. Significant investments in the billions of dollars are being (...) made to lay the infrastructure of the future Smart Grid. However, the authors argue that we must take great care not to sacrifice consumer privacy amidst an atmosphere of unbridled enthusiasm for electricity reform. Information proliferation, lax controls and insufficient oversight of this information could lead to unprecedented invasions of consumer privacy. Smart meters and smart appliances will constitute a data explosion of intimate details of daily life, and it is not yet clear who will have access to this information beyond a person’s utility provider. The authors of this paper urge the adoption of Dr. Ann Cavoukian’s conceptual model ‘SmartPrivacy’ to prevent potential invasions of privacy while ensuring full functionality of the Smart Grid. SmartPrivacy represents a broad arsenal of protections, encapsulating everything necessary to ensure that all of the personal information held by an organization is appropriately managed. These include: Privacy by Design; law, regulation and independent oversight; accountability and transparency; market forces, education and awareness; audit and control; data security; and fair information practices. Each of these elements is important, but the concept of Privacy by Design represents its sine qua non. When applying SmartPrivacy to the Smart Grid, not only will the grid be able to, for example, become increasingly resistant to attack and natural disasters—it will be able to do so while also becoming increasingly resistant to data leakage and breaches of personal information. The authors conclude that SmartPrivacy must be built into the Smart Grid during its current nascent stage, allowing for both consumer control of electricity consumption and consumer control of their personal information, which must go hand in hand. Doing so will ensure that consumer confidence and trust is gained, and that their participation in the Smart Grid contributes to the vision of creating a more efficient and environmentally friendly electrical grid, as well as one that is protective of privacy. This will result in a positive-sum outcome, where both environmental efficiency and privacy can coexist. (shrink)

There is an enduring tension in thinking about the architecture of systems that select behaviours, including evolved organisms. One line of reasoning supports convergence in control systems and conversion of the values of all options into a common currency, in part because this seems the best or only way of trading off costs and benefits associated with outcomes of varying types. A competing consideration supports parallelism or other forms of fragmentation, because of inefficiencies associated with integration, and suspicion towards general-purpose (...) cognitive systems. In addition, recent neuroscience has given particular attention to the question of how partly independent ‘habit based’ and ‘planning based’ decision-systems might interact. The issues here are, at least in part, a special case of the more general integration versus parallelism tension. This tension provides a useful framework for thinking about the implementation of different kinds of sensitivity to risks of various types, the variety of mechanisms by means of which risk sensitivity might be modulated, and how risk might be traded off against other components of value or disincentive. I describe the tension, briefly survey some of the relevant empirical evidence, and conclude with tentative observations on the topic of risk. (shrink)

This paper pursues a thorough-going instrumentalist, or means-ends, approach to the theory of inductive inference. I consider three epistemic aims: convergence to a correct theory, fast convergence to a correct theory and steady convergence to a correct theory (avoiding retractions). For each of these, two questions arise: (1) What is the structure of inductive problems in which these aims are feasible? (2) When feasible, what are the inference methods that attain them? Formal learning theory provides the tools for a complete (...) set of answers to these questions. As an illustration of the results, I apply means-ends analysis to various versions of Goodman's Riddle of Induction. (shrink)

ABSTRACT:In this response, I reiterate my argument that price gouging undercuts the goal of equity in access to essential goods whereas Zwolinski emphasizes the importance of the efficient provision of essential goods above all other goals. I agree that the efficient provision of essential goods is important as I argue for the goal of equitable access to sufficient of the goods essential to living a minimally flourishing human life. However, efficiency is a means to this goal rather than (...) the end itself. Finally, I offer additional arguments against the non-worseness claim. (shrink)

One common justification for the pursuit of profit by business firms within a market economy is that profit is not an end in itself but a means to more efficiently produce and allocate resources. Profit, in short, is a mechanism that serves the market’s purpose of producing Pareto superior outcomes for society. This discussion examines whether such a justification, if correct, requires business managers to remain attentive to how their firm’s operation impacts the market’s purpose. In particular, it is argued (...) that the value of efficiency, despite views to the contrary, cannot be fully separated from the planning and intentions of business managers as long as those managers direct their firms in an ethically responsible fashion. This position is inspired by, and serves as a supportive clarification of Joseph Heath’s so-called “market failures approach” to business ethics. (shrink)

Breaches of electronic medical records constitute a type of healthcare error, but should be considered separately from other types of errors because the national focus on the security of electronic data justifies special treatment of medical information breaches. Guidelines for protecting electronic medical records should be applied equally to paper medical records.

BackgroundRespect for confidentiality is important to safeguard the well-being of patients and ensure the confidence of society in the doctor-patient relationship. The aim of our study is to examine real situations in which there has been a breach of confidentiality, by means of direct observation in clinical practice.MethodsBy means of direct observation, our study examines real situations in which there has been a breach of confidentiality in a tertiary hospital. To observe and collect data on these situations, we (...) recruited students enrolled in the Medical Degree Program at the University of Cordoba. The observers recorded their entries on standardized templates during clinical internships in different departments: Internal Medicine; Gynecology and Obstetrics; Pediatrics; Emergency Medicine; General and Digestive Surgery; Maxillofacial Surgery; Plastic Surgery; Orthopedics and Traumatology; Digestive; Dermatology; Rheumatology; Mental Health; Nephrology; Pneumology; Neurology; and Ophthalmology.ResultsFollowing 7138 days and 33157 h of observation, we found an estimated Frequency Index of one breach per 62.5 h. As regards the typology of the observed breaches, the most frequent were related to the consultation and/or disclosure of clinical and/or personal data to medical personnel not involved in the patient’s clinical care, as well as people external to the hospital. As regards their severity, severe breaches were the most frequent, accounting for 46.7 % of all incidents. Most of the reported incidents were observed in public areas, such as corridors, elevators, the cafeteria, stairs, and locker rooms.ConclusionsIn addition to aspects related to hospital organization or infrastructure, we have shown that all healthcare personnel are involved in confidentiality breaches, especially physicians. While most are committed unintentionally, a non-negligible number are severe, repeated breaches, thus suggesting a certain carelessness, perhaps through ignorance about certain behaviors that can jeopardize patient confidentiality. (shrink)

We consider scenarios with distributed decision processes, e.g., coupled majorities and personal union in parliament chambers, supranational decisions and supervisory boards. When computing the adoption rate for reaching a decision in these scenarios, multiple linear inequality restrictions in combinatorial countings are present. These rates cannot be computed in closed form. We introduce a general method for incorporating multiple inequality conditions in multiple majority decisions, which significantly reduces the number of involved summations and removes restrictions on the summation indices. Exact solutions (...) are provided through integral representations which can be evaluated numerically, and unrestricted, contracted sums over discrete events. Further, we provide methods to reduce the number of necessary summations by splitting or recurring the original problem to easier sub-problems. For five dedicated scenarios, full results are given which indeed require a single unrestricted summation only. (shrink)

In this paper we evaluate how to effectively use the crowdsourcing service, Amazon’s Mechanical Turk (MTurk), to content analyze textual data for use in psychological research. MTurk is a marketplace for discrete tasks completed by workers, typically for small amounts of money. MTurk has been used to aid psychological research in general, and content analysis in particular. In the current study, MTurk workers content analyzed personally-written textual data using coding categories previously developed and validated in psychological research. These codes were (...) evaluated for reliability, accuracy, completion time, and cost. Results indicate that MTurk workers categorized textual data with comparable reliability and accuracy to both previously published studies and expert raters. Further, the coding tasks were performed quickly and cheaply. These data suggest that crowdsourced content analysis can help advance psychological research. (shrink)

The epistemic position of an agent often depends on their position in a larger network of other agents who provide them with information. In general, agents are better off if they have diverse and independent sources. Sullivan et al. [19] developed a method for quantitatively characterizing the epistemic position of individuals in a network that takes into account both diversity and independence; and presented a proof-of-concept, closed-source implementation on a small graph derived from Twitter data [19]. This paper reports on (...) an open-source reimplementation of their algorithm in Python, optimized to be usable on much larger networks. In addition to the algorithm and package, we also show the ability to scale up our package to large synthetic social network graph profiling, and finally demonstrate its utility in analyzing real-world empirical evidence of ‘echo chambers’ on online social media, as well as evidence of interdisciplinary diversity in an academic communications network. (shrink)

This is a systematic evaluation of the main arguments for and against the market as an instrument of social organization, balancing efficiency and justice. It links the distinctive approaches of philosophy and economics to this evaluation.

Hayek and the Efficient Market Hypothesis are often seen as proposing a similar theory of prices. Hayek is seen as proposing to understand prices as information conveyer, incorporating inform...

A large body of literature looks at how firms develop and maintain their reputation. Little is known, however, about factors leading to a damaged corporate reputation. In this article, the authors compare two sets of predictors of reputational damage following a reported breach of norms: the characteristics of the breach and the characteristics of the actor reporting the breach. Theoretically, the authors argue that the latter is likely to prevail over the former. The authors test this proposition (...) in the highly normative context of corporate social responsibility (CSR). Building on a global data set of over 8,600 CSR-related norm breaches, directed against 451 firms on the Fortune ranking reputation over the 2006-2009 period, the authors find empirical support for the idea that reputation damage is not really driven by the severity and novelty of the allegation, but by the type of source reporting the issue as well as the credibility of this source. Hence, these results lend some support to a socially constructed view of reputational damage, in which being portrayed by prominent actors as deviating from the norm is more important than the actual deviation from the goal of the norm itself. (shrink)

Employment is critical for refugees’ positive integration into a receiving country. Enabling employment requires cross-sector collaborations, that is, employers collaborating with different stakeholders such as refugees, local employees, other employers, unofficial/official supporters, and authorities. A vital element of cross-sector collaborations is trust, yet the complexity of cross-sector collaborations may challenge the formation and maintenance of trust. Following a theory elaboration approach, this qualitative study with 37 employers and 27 support workers in Germany explores how employers’ experiences in cross-sector collaborations on (...) refugees’ labor market integration affect their trust in other stakeholders in this cross-sector space. Specifically, we explored employers’ perceptions of trust breaches, and how these perceptions affect their further engagement in cross-sector collaborations on refugee integration. Based on our findings, we propose a process model that describes how unmet collaboration expectations and negative assessments of collaborators’ attitudes and behaviors lead to perceived trust breaches which, in turn, lead to employers’ hesitancy to hire refugees and/or to engage in cross-sector collaborations. In doing so, we extend existing theory on trust within organizations to the cross-sector context of refugee integration, uncovering context-specific meanings to trustworthiness dimensions and illustrating how breaches of different trustworthiness dimensions can interact. Moreover, we show how social policies, resources, and trustors’ perceived vulnerability in collaborations shape their risk perceptions. This study highlights the central role of trust for refugee integration and illustrates how missing goals and process clarity endanger sustainable collaborations. (shrink)

As a Franciscan friar, student, teacher, philosopher, theologian, and political theorist, William of Ockham was and remains one of the most stimulating thinkers of the Middle Ages. The one consistent characteristic of his professional output—both as a student and later as an opponent of papal authoritarianism—was the provocative nature of his ideas. In required commentaries on standard theological texts as well as in his later, more independently inspired treatises, Ockham demonstrated a genuine talent for suggesting and sustaining a number of (...) original, unorthodox and, occasionally, even outrageous ideas. Accordingly, Ockham holds the distinction of being the most rejected but influential philosopher-theologian of the fourteenth century, an observation that applies to his views on causality in which, for example, Ockham held the principle of action at a distance in order to save the causal account of some phenomena. One of the more interesting distinctions that he made, however, occurs in his treatment of sacramental theology as part of his account of God's causal activity with respect to the sacraments. (shrink)

The notion of antifragility, an attribute of systems that makes them thrive under variable conditions, has recently been proposed by Nassim Taleb in a business context. This idea requires the ability of such systems to ‘tinker’, i.e., to creatively respond to changes in their environment. A fairly obvious example of this is natural selection-driven evolution. In this ubiquitous process, an original entity, challenged by an ever-changing environment, creates variants that evolve into novel entities. Analyzing functions that are essential during stationary-state (...) life yield examples of entities that may be antifragile. One such example is proteins with flexible regions that can undergo functional alteration of their side residues or backbone and thus implement the tinkering that leads to antifragility. This in-built property of the cell chassis must be taken into account when considering construction of cell factories driven by engineering principles. (shrink)

Cognitive Science, Volume 46, Issue 2, February 2022.