The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are (...) basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons. (shrink)

How can governments and peoples better hold to account international economic institutions, such as the WTO, the World Bank, and the IMF? This article proposes an approach based on public accountability, advocating improvements in four areas: constitutional, political, financial, and internal accountability.The argument for more accountability is made with two caveats: more accountability is not always good–it can be distorting and costly; and, enhancing the accountability of international institutions should not justify increasing their jurisdiction for the sake of reducing the (...) role of national governments. Constitutional accountability poses limits on how the institutions expand their activities, requiring the active consent of all members and particularly those most affected by their activities. Political accountability requires that those who make decisions in the organizations are directly answerable to all member governments and not just to the most powerful ones. The institutions' uneven record and structure of financial accountability is addressed through a model of mutual restraint. Finally, the internal accountability should ensure that technical decisions are distinguishable from political decisions. A better matching of the right kinds of accountability to the activities of the organizations would improve both their effectiveness and legitimacy. (shrink)

Woods's chapter focuses primarily on procedural justice within the international financial institutions. She argues that the procedures adopted by these institutions are central to the debate about global economic justice, and thus it is essential to explore how these bodies make decisions and implement them. Her conclusions suggest that, notwithstanding recent and important reforms, the institutions still suffer from weaknesses in representation and accountability. Unless these bodies attend to these deficiencies, the range and scope of their activities should be circumscribed.

As rational adults, we are free to elect what is (or is not) done to our bodies. However, this strong freedom does not extend to the borders of life. Control over the uses of our biological material is constrained and uncertain at law. Our article examines the legal condition of embryos and organs: how law conceptualises them and regulates their uses.

As the aim of the responsible robotics initiative is to ensure that responsible practices are inculcated within each stage of design, development and use, this impetus is undergirded by the alignment of ethical and legal considerations towards socially beneficial ends. While every effort should be expended to ensure that issues of responsibility are addressed at each stage of technological progression, irresponsibility is inherent within the nature of robotics technologies from a theoretical perspective that threatens to thwart the endeavour. This is (...) because the concept of responsibility, despite being treated as such, is not monolithic: rather this seemingly unified concept consists of converging and confluent concepts that shape the idea of what we colloquially call responsibility. From a different perspective, robotics will be simultaneously responsible and irresponsible depending on the particular concept of responsibility that is foregrounded: an observation that cuts against the grain of the drive towards responsible robotics. This problem is further compounded by responsible design and development as contrasted to responsible use. From a different perspective, the difficulty in defining the concept of responsibility in robotics is because human responsibility is the main frame of reference. Robotic systems are increasingly expected to achieve the human-level performance, including the capacities associated with responsibility and other criteria which are necessary to act responsibly. This subsists within a larger phenomenon where the difference between humans and non-humans, be it animals or artificial systems, appears to be increasingly blurred, thereby disrupting orthodox understandings of responsibility. This paper seeks to supplement the responsible robotics impulse by proposing a complementary set of human rights directed specifically against the harms arising from robotic and artificial intelligence technologies. The relationship between responsibilities of the agent and the rights of the patient suggest that a rights regime is the other side of responsibility coin. The major distinction of this approach is to invert the power relationship: while human agents are perceived to control robotic patients, the prospect for this to become reversed is beginning. As robotic technologies become ever more sophisticated, and even genuinely complex, asserting human rights directly against robotic harms become increasingly important. Such an approach includes not only developing human rights that ‘protect’ humans but also ‘strengthen’ people against the challenges introduced by robotics and AI [This distinction parallels Berlin’s negative and positive concepts of liberty ], by emphasising the social and reflective character of the notion of humanness as well as the difference between the human and nonhuman. This will allow using the human frame of reference as constitutive of, rather than only subject to, the robotic and AI technologies, where it is human and not technology characteristics that shape the human rights framework in the first place. (shrink)

This article introduces a novel use of technologies to visualize space and temporary structures in public space as a critical and speculative method for artistic research. Imitation and iconification have been vital in visual culture since civilization began. Science has become proficient in picturing invisible matter and numerical data. However, we are limited to visualizing these data in an iconic, ‘understandable’ way, that is, to some extent, reductionist. A non-naturalistic artistic visualization (NNAVi) method is proposed to discover and present the (...) underlying context of objects and space. First, this article discusses the representational function of artistic images and the artistic use of emerging technologies to represent invisible information. Following the discussion, the case study of the virtual reality (VR) artwork The Last Recreational Land shows how NNAVi can be applied. The case study starts with an exploration of the pandemic’s context and nature and then moves to an explanation of the multisensory and immersive setting of the artwork. Interweaving case studies and theoretical references, the article elaborates on how the VR experience is used as a device to respond to the pandemic. By deconstructing the relationship between visualization, imitation and iconification, the article theorizes NNAVi as a new methodology for artistic research that provides tangible insights into the nature of the pandemic. (shrink)

With their prospect for causing both novel and known forms of damage, harm and injury, the issue of responsibility has been a recurring theme in the debate concerning autonomous vehicles. Yet, the discussion of responsibility has obscured the finer details both between the underlying concepts of responsibility, and their application to the interaction between human beings and artificial decision-making entities. By developing meaningful distinctions and examining their ramifications, this article contributes to this debate by refining the underlying concepts that together (...) inform the idea of responsibility. Two different approaches are offered to the question of responsibility and autonomous vehicles: targeting and risk distribution. The article then introduces a thought experiment which situates autonomous vehicles within the context of crash optimisation impulses and coordinated or networked decision-making. It argues that guiding ethical frameworks overlook compound or aggregated effects which may arise, and which can lead to subtle forms of structural discrimination. Insofar as such effects remain unrecognised by the legal systems relied upon to remedy them, the potential for societal inequalities is increased and entrenched, situations of injustice and impunity may be unwittingly maintained. This second set of concerns may represent a hitherto overlooked type of responsibility gap arising from inadequate accountability processes capable of challenging systemic risk displacement. (shrink)

This is a response to an article published in an earlier issue of this journal, 29–65) in which an article by this author was cited as a prime example of a dangerous emerging 'orthodoxy' in feminist legal theory and subjected to a sustained and critical analysis. The purpose of this response is to reflect briefly on the rhetorical style and the theoretical orientation of that article, and to consider their worrying implications for the practice of feminist legal theory as a (...) whole. (shrink)

My aim in this article is to set out some counter-intuitive claims about the challenges posed by artificial intelligence (AI) applications to the protection and enjoyment of human rights and to be your guide through my unorthodox ideas. While there are familiar human rights issues raised by AI and its applications, these are perhaps the easiest of the challenges because they are already recognized by the human rights regime as problems. Instead, the more pernicious challenges are those that have yet (...) to be identified or articulated, because they arise from new affordances rather than directly through AI modeled as a technology. I suggest that we need to actively explore the potential problem space on this basis. I suggest that we need to adopt models and metaphors that systematically exclude the possibility of applying the human rights regime to AI applications. This orientation will present us with the difficult, intractable problems that most urgently require responses. There are convincing ways of understanding AI that lock out the very possibility for human rights responses and this should be grounds for serious concern. I suggest that responses need to exploit both sets of insights I present in this paper: first that proactive and systematic searches of the potential problem space need to be continuously conducted to find the problems that require responses; and second that the monopoly that the human rights regime holds with regards to addressing harm and suffering needs to be broken so that we can deploy a greater range of barriers against failures to recognize and remedy AI-induced wrongs. (shrink)

Incommensurable theories are said to be both incompatible and incomparable. This is paradoxical, because, being incompatible, these theories must have the same subject-matter, yet incomparability implies that their subject-matter is different. This paper's proposed resolution of the paradox makes use of the distinction between internal subject-matter and external subject-matter for languages as outlined by W. Sellars. Incommensurability arises when two languages share the same external subject-matter but differ in internal subject-matter. When they share the same external subject-matter, they can be (...) inconsistent, and yet incomparable. A substantial part of the paper is devoted to the technical development of the notion of inconsistency as a relationship between languages in contrast to the traditional notion of inconsistency between statements. (shrink)

Incommensurable theories are said to be both incompatible and incomparable. This is paradoxical, because, being incompatible, these theories must have the same subject-matter, yet incomparability implies that their subject-matter is different. This paper's proposed resolution of the paradox makes use of the distinction between internal subject-matter and external subject-matter for languages (frameworks) as outlined by W. Sellars. Incommensurability arises when two languages share the same external subject-matter but differ in internal subject-matter. When they share the same external subject-matter, they can (...) be inconsistent (hence incompatible), and yet incomparable (because they are about distinct internal subject-matter). A substantial part of the paper is devoted to the technical development of the notion of inconsistency as a relationship between languages in contrast to the traditional notion of inconsistency between statements. (shrink)

The aim of this paper is to give an interpretation of the free and harmonious play of faculties. The dominant interpretations focus on how the imagination is free from the determination of understanding, but say little about the harmony that can exist between imagination and understanding; thus, in this paper an attempt is made to account for the free and harmonious relationship between these two faculties. Some of Kant’s lectures are reviewed to show the inclinations of the power of imagination (...) and understanding, respectively. As the power of imagination is inclined towards making many representations, understanding is necessary to truncate the multitudes of those representations, so that unity of the representation is achievable. Taking inspiration from the traditional board game of Go, it is possible to draw an interpretation of the play of faculties that takes into consideration both the freedom and the harmony that is present within the play. (shrink)

Artificial intelligence (AI) is increasingly expected to disrupt the ordinary functioning of society. From how we fight wars or govern society, to how we work and play, and from how we create to how we teach and learn, there is almost no field of human activity which is believed to be entirely immune from the impact of this emerging technology. This poses a multifaceted problem when it comes to designing and understanding regulatory responses to AI. This article aims to: (i) (...) defend the need for a novel conceptual model for understanding the systemic legal disruption caused by new technologies such as AI; (ii) to situate this model in relation to preceding debates about the interaction of regulation with new technologies (particularly the ‘cyberlaw’ and ‘robolaw’ debates); and (iii) to set out a detailed model for understanding the legal disruption precipitated by AI, examining both pathways stemming from new affordances that can give rise to a regulatory ‘disruptive moment’, as well as the Legal Development, Displacement or Destruction that can ensue. The article proposes that this model of legal disruption can be broadly generalisable to understanding the legal effects and challenges of other emerging technologies. (shrink)

Can ‘disposition’ be understood as a contrast term, the contrast being ‘occurrence'? Put it another way: do ‘dispositional predicate’ and ‘occurrent predicate’ form a contrast pair? I shall show that if ‘occurrent’ is taken as simply meaning ‘non-dispositional', then ‘occurrent’ has no applications. However, if ‘occurrent’ is given an independent meaning so that predicates like ‘break', ‘bend', ‘disintegrate’ etc. are occurrent predicates, then it is not the contrast of ‘dispositional'. Its contrast is rather what I shall call ‘remainant’.

Background Analysis of aphasic narratives can be a challenge for clinicians. Previous studies have mainly employed measures that categorized speech samples at the word level. They included quantification of the use and misuse of different word classes, presence and absence of narrative contents and errors, paraphasias, and perseverations, as well as morphological structures and errors within a narrative. In other words, a great amount of research has been conducted in the aphasiology literature focusing on micro-linguistic structures of oral narratives. Aspects (...) of macro- linguistic structures, such as the analysis of content information by a speaker, consistency of using cohesive devices to present information within a narrative, and order of presenting information necessary to form a coherent discourse, have not been extensively investigated. The current investigation proposes a clinical analytic system to target three aspects of macro-linguistic structures in narratives among speakers with aphasia. Specifically, (1) the presence of search events (i.e., the mentioning of key events that allow the listener to understand; Capilouto, Wright, &Wagovich, 2006) within a narrative, (2) the sequence of the mentioned events, and (3) the informativeness (i.e., the fulfillment of lexical items that allow the user to understand what the event is detailing) of the event contents, were focused in the proposed framework. Method Ten controls transcripts from were selected from the AphasiaBank (MacWhinney, Fromm, Forbes, & Holland, 2011). Three narrative tasks, including sequential picture description of ‘Refused Umbrella’, procedural narrative of making a ‘Peanut Butter and Jelly Sandwich’, and telling of ‘Cinderella’ story, were used to establish normative data for the basis of analysis. Specifically, the Search Events (e) and Informative Words (i) used by at least 70% of the speakers were listed for each genre. The sequential order of mentioning the Search Events, i.e., common order of events in 90% of the speakers, (s.total) was determined. Twelve speakers with aphasia (nine fluent and three non-fluent) were recruited and administered the Western Aphasia Battery and Object and Action Naming Battery. Their performance in the above three discourse tasks were orthographically transcribed and analyzed using the following measures: e.total, e.matched with norm, e.missed, e.irrlevant, e.extra, s.total, i.pb&j, i.umbr, i.cind, and i.total. Three samples were randomly chosen to be re-analyzed for inter- and intra-rater reliability. Results Results of an independent t-test suggested significant differences between the fluent and non-fluent subjects in sequential order of Search Events for all genres (s.total) and i.total, suggesting sensitivity of this framework to differentiate between the two fluency groups. Results of Pearson product-moment correlations revealed significant relation between Informative Words and WAB spontaneous speech scores, AQ, as well as OAB scores, for both aphasic groups. The mean value of coefficients for intra-rater reliability (0.992), with significant correlations on e.match, e.miss, and e.extra, was higher than that of inter-rater reliability (0.897). Discussion Based on our preliminary results, this objective framework allowed clinical evaluation of impairment in macro-linguistic structures present in aphasic discourse. Further extension should involve more subjects encompassing a wider range of severity with different types of aphasia. (shrink)

Criminalizing unintentional mistakes in medicine as the offence of gross negligence manslaughter has always been a contentious issue. The threshold of prosecution is not well-defined, and even less clear when faced with a situation in which an intern doctor is held liable. This commentary attempts to review the current legal position of holding an intern doctor liable for gross negligence medical manslaughter.

In his essay “Of Other Spaces” Michel Foucault explained that heterotopias, or spaces of otherness, “function at full capacity when men arrive at a sort of absolute break with their traditional time.” This temporal otherness he described as “heterochrony.” In this article I will draw on the Sartrean ontology of the human being as temporal ecstasis to explain the transcultural phenomenon of hybridity as heterochrony, and in particular, how hybrid temporality is out of sync with local temporality. Heeding Virinder Kalra, (...) Raminder Kaur, and John Hutnyk's admonishment that “hybridity is better conceived of as a process rather than a description,” I will attempt to explicate the multiple processes of hybrid becomings I witnessed as an academic migrant in Cambodia, Hawaii, and Nigeria, and as a member of a hybrid subculture in Singapore. (shrink)

Monetary Intelligence theory asserts that individuals apply their money attitude to frame critical concerns in the context and strategically select certain options to achieve financial goals and ultimate happiness. This study explores the bright side of Monetary Intelligence and behavioral economics, frames money attitude in the context of pay and life satisfaction, and controls money at the macro-level and micro-level. We theorize: Managers with low love of money motive but high stewardship behavior will have high subjective well-being: pay satisfaction and (...) quality of life. Data collected from 6586 managers in 32 cultures across six continents support our theory. Interestingly, GDP per capita is related to life satisfaction, but not to pay satisfaction. Individual income is related to both life and pay satisfaction. Neither GDP nor income is related to Happiness. Our theoretical model across three GDP groups offers new discoveries: In high GDP entities, “high income” not only reduces aspirations—“Rich, Motivator, and Power,” but also promotes stewardship behavior—“Budget, Give/Donate, and Contribute” and appreciation of “Achievement.” After controlling income, we demonstrate the bright side of Monetary Intelligence: Low love of money motive but high stewardship behavior define Monetary Intelligence. “Good apples enjoy good quality of life in good barrels.” This notion adds another explanation to managers’ low magnitude of dishonesty in entities with high Corruption Perceptions Index. In low GDP entities, high income is related to poor Budgeting skills and escalated Happiness. These managers experience equal satisfaction with pay and life. We add a new vocabulary to the conversation of monetary intelligence, income, GDP, happiness, subjective well-being, good and bad apples and barrels, corruption, and behavioral ethics. (shrink)

This book is a collection of articles on different aspects of university education in China since the late nineteenth century, addressing how far the ideal of modern university education, which has gradually been developed in the West since the age of European Enlightenment, was adopted or transformed by Chinese universities.

Abstract Objective Intuitive inquiry meditation is a unique form of Buddhist Zen/Chan practice in which individuals actively and intuitively utilize the cognitive functions to cultivate doubt and explore the concept of the self. This event-related potential (ERP) study aimed to investigate the neural correlates by which long-term practice of intuitive inquiry meditation induces flexibility in self-schema processing, highlighting the role of doubt and belief processes in this exploration. Methods Twenty experienced and eighteen beginner meditators in intuitive inquiry meditation were recruited (...) for this ERP study. The interactions of doubt and belief processes with concepts of the self and Buddha were investigated. A 128-channel electroencephalography (EEG) system was used to collect EEG data. The ERP data were processed and analyzed using EEGLAB. Results The data showed a double dissociation between beginners and experienced meditators (monks) in the concepts of the self and Buddha: intuitive inquiry meditation reduced the brain activity of beginners when viewing Buddha image but not when viewing a picture of themselves. However, in experienced meditators, intuitive inquiry meditation reduced brain activity when they viewed images of themselves but not when they viewed Buddha image. Further event-related spectral perturbation (ERSP) analysis revealed that experienced meditators had a greater theta spectral power and higher intertrial coherence (ITC), indicating that they could more flexibly modulate ongoing cognitive processes than beginner meditators. Conclusion Intuitive inquiry meditation could help beginner meditators detach from the concept of Buddha but not from that of the self. However, in experienced meditators, the opposite was true. ERSP analysis showed that only experienced meditators exhibited significant alterations in brain activity dynamics during intuitive inquiry meditation, which might enable these practitioners to become spontaneously detached from the concept of the self. These findings revealed the neural mechanism by which long-term practice of intuitive inquiry meditation can influence the doubting process and its effect on self-schema processing. (shrink)

Compersion ist ein affektiver Zustand, der häufig im Zusammenhang mit Polyamorie und allgemein nicht-monogamen Beziehungen diskutiert wird. Er wird in der Regel als eine positive emotionale Reaktion darauf beschrieben, dass die*der Partner*in Zeit und/oder Intimität mit anderen genießt, gewissermaßen als ‚das Gegenteil von Eifersucht‘. Wir argumentieren dafür, dass eine buddhistische Perspektive dazu beitragen kann, die Natur dieser bislang schlecht verstandenen Emotion zu erschließen. Indem wir eine buddhistische Perspektive auf Compersion einnehmen, die auf den sogenannten ‚vier göttlichen Verweilzuständen‘ basiert, d. h. (...) auf nicht-egozentrischen Zuständen, die Buddhist*innen zufolge ein gelingendes Leben erlauben, beschreiben wir (auch moralpraktisch) wichtige Facetten dieser Emotion, die sonst leicht übersehen werden. Ein solcher Ansatz, so argumentieren wir, bereichert nicht nur unser Verständnis von Compersion, sondern trägt auch zum Gelingen aller Arten von Beziehungen bei. (shrink)

The Family and the Nation pose la question du lien entre classe de sexe et droits et devoirs patriotiques. La famille et la nation sont des entités juridiques qui, toutes deux, imposent des devoirs à leurs membres, au premier rang desquels l’obéissance à l’autorité souveraine. Les problèmes engendrés par cette double allégeance vont être considérables lorsque, dès les premières années de la Révolution, famille et nation vont entrer en concurrence : comment une épouse prise entre l’injonction...