The field of computational law has increasingly moved into the focus of the scientific community, with recent research analysing its issues and risks. In this article, we seek to draw a structured and comprehensive list of societal issues that the deployment of automatically processable regulation could entail. We do this by systematically exploring attributes of the law that are being challenged through its encoding and by taking stock of what issues current projects in this field raise. This article adds to (...) the current literature not only by providing a needed framework to structure arising issues of computational law but also by bridging the gap between theoretical literature and practical implementation. Key findings of this article are: (1) The primary benefit (efficiency vs. accessibility) sought after when encoding law matters with respect to the issues such an endeavor triggers; (2) Specific characteristics of a project—project type, degree of mediation by computers, and potential for divergence of interests—each impact the overall number of societal issues arising from the implementation of automatically processable regulation. (shrink)

The introduction of genetically modified (GM) crops and foods into Europe has generated considerable controversy. Despite a risk assessment system that is intended to beprecautionary in nature, the decisions thathave been taken have not gathered publicconfidence. Key attributes of a precautionaryappraisal system include humility,completeness, assessing benefits andjustifications, making comparisons, allowingfor public participation, transparency,diversity, and the ``mapping'' of alternativeviews rather than the prescription of singlesolutions. A comparison of the European GMregulatory system with a different (moreprecautionary) approach using a ``multi-criteriamapping'' technique reveals (...) a number ofproblems. These include the narrow framing ofthe established risk assessment system (therebyexcluding many issues of public concern), alack of public involvement in the process, anda failure to include appropriate comparisons ora diversity of options. Recent changes to theEuropean regulatory system only go part of theway to addressing these issues. Furthercontroversy may therefore be expected. However,practical ways of undertaking a morebroad-based precautionary approach are nowavailable (including the multi-criteria mappingmethod). These new approaches to technologyassessment offer a means for decision making toearn greater public confidence in this complexand difficult area. (shrink)

Driven by the increasing availability and deployment of ubiquitous computing technologies across our private and professional lives, implementations of automatically processable regulation (APR) have evolved over the past decade from academic projects to real-world implementations by states and companies. There are now pressing issues that such encoded regulation brings about for citizens and society, and strategies to mitigate these issues are required. However, _comprehensive yet practically operationalizable_ frameworks to navigate the complex interactions and evaluate the risks of projects that implement (...) APR are not available today. In this paper, and based on related work as well as our own experiences, we propose a framework to support the conceptualization, implementation, and application of _responsible_ APR. Our contribution is twofold: we provide a holistic characterization of what responsible APR means; and we provide support to operationalize this in concrete projects, in the form of leading questions, examples, and mitigation strategies. We thereby provide a scientifically backed yet practically applicable way to guide researchers, sponsors, implementers, and regulators toward better outcomes of APR for users and society. (shrink)

Objectives: To determine whether authors of scientific publications in molecular biology declare patents and other potential financial interests.Design: Survey of a 6-month sample of papers related to molecular biology in Nature.Methods: The esp@cenet worldwide patent search engine was used to search for patents applied for by the authors of scientific papers in Nature that were related to molecular biology and genetics, between January and June 2005.Results: Of the 79 papers considered, four had declared that certain authors had competing financial interests. (...) Seven papers in which no financial interests were declared had authors with patent applications that were based on the research in the paper or were closely related to it. Another paper had two authors with connections to biotechnology companies that were not disclosed.Conclusion: Two thirds of the papers in which authors had patent applications or company affiliations that might be considered to be competing financial interests did not disclose them. Failure to disclose such information may have negative implications on the perception of science in society and on its quality if the possible bias is hidden. Journals should make greater efforts to ensure full disclosure, and scientific institutions should consider failure to disclose financial interests as an example of scientific malpractice. Establishing a register of interests for scientists is one way to increase transparency and openness. (shrink)

An important challenge when creating automatically processable laws concerns open-textured terms. The ability to measure open-texture can assist in determining the feasibility of encoding regulation and where additional legal information is required to properly assess a legal issue or dispute. In this article, we propose a novel conceptualisation of open-texture with the aim of determining the extent of open-textured terms in legal documents. We conceptualise open-texture as a lever whose state is impacted by three types of forces: internal forces (the (...) words within the text themselves), external forces (the resources brought to challenge the definition of words), and lateral forces (the merit of such challenges). We tested part of this conceptualisation with 26 participants by investigating agreement in paired annotators. Five key findings emerged. First, agreement on which words are open-texture within a legal text is possible and statistically significant. Second, agreement is even high at an average inter-rater reliability of 0.7 (Cohen’s kappa). Third, when there is agreement on the words, agreement on the Open-Texture Value is high. Fourth, there is a dependence between the Open-Texture Value and reasons invoked behind open-texture. Fifth, involving only four annotators can yield similar results compared to involving twenty more when it comes to only flagging clauses containing open-texture. We conclude the article by discussing limitations of our experiment and which remaining questions in real life cases are still outstanding. (shrink)

This essay reads The Argonauts against a preceding literature of queer and trans parenting, specifically by women of colour, to account for absences and evasions in Maggie Nelson's relation to queer feminist literary history. Resituating her quotation about “kinship systems” from Judith Butler into Butler's discussion of house mothers in ball culture, it calls attention to the erasure of queer racialized embodiment and intellection from Nelson's account, emblematized by Cherríe Moraga's Medea and – as embodied site of “shit and labor” (...) – the perineum, figuring the work of connection. (shrink)

The way citizens regard and treat one another in everyday life, even when they are not engaged in straightforwardly “political” activities, matters for achieving democratic ideals. This claim provokes an underexamined unease in many. Here I articulate these concerns, which I argue are prompted by the approaches most often associated with these issues. Such theories, like democratic communitarianism, require problematic sorts of unity in everyday social life. To avoid these difficulties, I offer an alternative, called procedural democratic informal politics, which (...) allows democrats to evaluate everyday life without demanding questionable forms of unity within it. (shrink)

Name der Zeitschrift: Frühmittelalterliche Studien Jahrgang: 36 Heft: 2 Seiten: 269-285.

The diverse coalition of activists trying to cut the prison population has thus far failed to articulate a coherent moral foundation for criminal justice reform. Since the various constituents of this coalition support reform for different reasons, it may seem savvy to avoid conversation about moral questions. We argue, however, that failing to work toward developing a moral basis for reform puts the coalition at risk of repeating the failures of the sentencing reform movement of the 1970s and 1980s. This (...) initially promising movement culminated in the passage of the widely disliked and deeply flawed United States Sentencing Guidelines. We lay out and analyze the downsides of avoiding moral discourse in criminal justice reform movements and argue for more collaboration and dialogue between moral thinkers and activists. (shrink)

Contrary to the assumptions of those who pair Dewey and Piaget based on progressivism's recent history, Dewey shared broader concerns with Vygotsky (whose work he never read). Both Dewey and Vygotsky emphasized the role of cultural forms and meanings in perpetuating higher forms of human thought, whereas Piaget focused on the role played by logical and mathematical reasoning. On the other hand, with Piaget, Dewey emphasized the nurture of independent reasoning central to the liberal Protestant heritage the two men shared. (...) Indeed, Dewey's broad theorizing of democracy's implications for schooling can be seen to integrate the research emphases of the two psychologists. (shrink)

ObjectiveHopelessness and depression are strongly associated with suicidality. Given that physical and psychological outcomes can be altered with hope, hope is a therapeutic goal of increasing importance in the treatment of brain tumor patients. Moreover, it is not yet understood which factors affect the perception of hope in brain tumor patients. In addition, it remains uncertain whether lower-grade brain tumor patients suffer less from psycho-oncological distress than higher-grade brain tumor patients.MethodsNeuro-oncological patients were examined perioperatively with the Distress Thermometer and the (...) Herth Hope Index. In addition, psychological comorbidities and an assessment of general psycho-oncological distress were recorded.ResultsSixty-six brain tumor patients were included. No differences between higher- and lower-grade brain tumor patients were observed for general psycho-oncological distress and hope. However, higher-grade brain tumor patients showed a significantly higher level of depression and more negative expectations regarding therapeutic success. The extent of depression correlated negatively with hope.ConclusionUnexpectedly, higher-grade brain tumor patients remained as hopeful as lower-grade brain tumor patients despite the devastating diagnosis, higher levels of depression, and a worse expectation of therapeutic success. Conversely, lower-grade brain tumor patients experience as much psycho-oncological distress as patients with a higher-grade brain tumor, underpinning the imperative need for comprehensive psycho-oncological screening. For all brain tumor patients, considering hope is important to avoid suicides resulting from hopelessness and depression. (shrink)

Although Jacques Rancière and Jürgen Habermas share several important commitments, they interpret various core concepts differently, viewing politics, democracy, communication, and disagreement in conflicting ways. Rancière articulates his democratic vision in opposition to important elements of Habermas’s approach. Critics contend that Habermas cannot account for the dynamics of command, exclusion, resistance, and aesthetic transformation involved in Rancière’s understanding of politics. In particular, the prominent roles Habermas affords to communicative rationality and consensus have led people to think that he cannot grasp (...) the radical forms of political disagreement Rancière describes. While some have viewed Rancière as offering a trenchant challenge to Habermas, I will contend that Rancière’s critique is less compelling than some have thought. Habermasian understandings of third personal speech and aesthetic expression are nuanced and adaptable enough to evade Rancière’s criticisms. I conclude by suggesting that Habermasian theorists have also developed crucial forms of social and political critique that Rancière’s theory systematically excludes. (shrink)

The American criminal justice system falls far short of democratic ideals. In response, democratic communitarian localism proposes a more decentralized system with a greater emphasis on local control. This approach aims to deconcentrate power and remove bureaucracy, arguing local control would reflect informal cultural life better than our current system. This view fails to adequately address localized domination, however, including in the background culture of society. As a result, it underplays the need for transformative, democratizing change. Rejecting communitarian localism, I (...) defend a mass deliberative democratic approach to criminal justice reform that relies on institutions outside localities to democratize local institutions and background cultural patterns. Nonetheless, local institutions must be empowered to exert democratic control, as well as to influence institutions outside the locality. This process of democratic co-development offers greater hope for political equality, non-domination, and inclusive democratic deliberation about criminal law than democratic communitarian localism. (shrink)

Jane Campion and Gerard Lee's miniseries Top of the Lake (2013) marked New Zealand-born but Australian resident Campion's return to New Zealand for the first time since The Piano (1993). The show's central subject of child sexual abuse by state officials echoes the different yet resonating political situations in twenty-first century Australia and New Zealand, a state of emergency that allows for the emergence of what Rebecca Solnit (2009) calls a ‘disaster community’. Implicitly addressing critiques of her colonialist gaze in (...) the earlier film, the miniseries both decolonises the idea of the Utopian no-place and offers an alternate, emplaced vision of relational, anti-colonial provisional Utopia through the main, mirroring female characters, Detective Robin Griffin and her half-sister Tui Mitcham. In contrast to contemporaneous police procedurals focussed on lone female officers, Top of the Lake rejects the authority of the police state and offers a resolution aslant that critiques generic expectations of individual heroism and resolution within a legal framework. Looking specifically at how the show knows its place—Lake Wakatipu on South Island, New Zealand—the article offers a close reading of Top of the Lake's formal critique of the male colonial gaze and its adoption of a feminist soundscape in relation to Campion's oeuvre; and considers its politics through indigenous media theory, to argue that it marks an initial step towards a decolonisation of viewing practices in relation to feminist conceptions of Utopia. (shrink)

This book contributes to the contemporary revival of pragmatism as a practical and ultimately, as Mayer argues, necessary philosophical stance within democratic schools. Given that pragmatism addresses the question of how people can move forward in the absence of transcendent Truth, the author shows how pragmatism also-and not incidentally-provides grounds for pluralistic democratic societies to move forward in the absence of shared belief systems. Weaving together philosophical analysis and classroom discourse research, Mayer explores the relationships among pragmatism, progressive educational theory, (...) and democratic knowledge construction processes and their implications for enacting progressive educational practices in schools. Several original, research-based heuristics that can serve in reliably identifying, studying, and orchestrating distinctively democratic knowledge construction processes are presented. The importance of granting all students a share of interpretive authority is also emphasized. For in learning to observe and reflect on one's own terms, attend closely to the observations and interpretations of one's peers, and reason collaboratively in a transparent and principled manner, young people are enculturated into essential democratic values, commitments, and practices. This book is written for a general audience and is intended for all those concerned with strengthening the democratic character of schools and societies. It is likely to appeal to scholars, researchers, and practitioners with interests in philosophy and classroom discourse and curriculum studies, as well as philosophers of education and the social sciences more broadly. (shrink)

Continuity and interaction in their active union with each other provide the measure of the educative significance and value of an experience. In Experience and Education, John Dewey seeks to portray the intellectual dynamic at the heart of his notion of educative experience and speaks to the challenges of nurturing this form of human vibrancy within schools. As the quotation above reveals, Dewey maintains that an active union between what he calls continuity and interaction “provide[s] the measure of the educative (...) value and significance of an experience”. How are we to make sense of this strikingly unconventional characterization of democratic educational purposes? In what practical.. (shrink)

This paper argues for a feminist genealogy of anti-nuclear protest art, around the nucleus of the women’s camp at Greenham Common, 1981–87, a coherent account of whose significance is missing from both feminist film history and left protest history. Drawing on Adrienne Rich’s poetics as a thread connecting the larger anti-nuclear and non-violent/anti-military feminist movement specifically to aesthetic and political formations that informed films made at and about Greenham, the paper constellates a number of experimental works in relation to the (...) well-known observational documentary Carry Greenham Home. Their legacy, and the concept of a Greenham genealogy, is apparent in Sally Potter’s anti-nuclear Cuban Missile Crisis-set drama Ginger & Rosa, whose imbrication of poetry, politics, and experimental film techniques argues for a Greenham poetics. In particular, this paper considers a feminist poetics of attending to the nuclear, re-visioning the atomic, molecular and core as both an ecopoetics and a refusal of heteropatriarchal structures, both necessary to a viable alternative political formation. In their granular detailing of both world and work, these feminist texts offer a rich and continuous history, practice and analysis of anti-nuclear protest art that demands the same attention as they enact. (shrink)

Business leaders are increasingly responsible for the societal and environmental impacts of their actions. Yet conceptual views on responsible leadership differ in their definitions and theoretical foundations. This study attempts to reconcile these diverse views and uncover the phenomenon from a business leader’s point of view. Based on rational egoism theory, this article proposes a formal mathematical model of responsible leadership that considers different types of incentives for stakeholder engagement. The analyses reveal that monetary and instrumental incentives are neither sufficient (...) nor necessary for business leaders to consider societal and environmental stakeholder needs. Non-monetary and non-instrumental incentives, such as leaders’ values and authenticity, as well as their planning horizons, counterbalance pure monetary and instrumental orientations. The model in this article complements the growing body of research on responsible leadership by reconciling its various conceptual views and providing a foundation for future theory development and testing. (shrink)