Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in (...) the right places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

This article asks how contexts are made in science as well as in social science, and how the making of contexts relates to political agency and intervention. To explore these issues, it traces contexting for foot-and-mouth disease and the strategies used to control the epidemic in the United Kingdom in 2001. It argues that to depict the world is to assemble contexts and to hold them together in a mode that may be descriptive, explanatory, or predictive. In developing this (...) argument, it explores how contexts are assembled in a series of different descriptive and explanatory narratives in epidemiology, policy, critical social science, and social studies of science. (shrink)

Increasingly, taxonomies are being developed and used by industry practitioners to facilitate information interoperability and retrieval. Within a single industrial domain, there exist many taxonomies that are intended for different applications. Industry specific taxonomies often represent the vocabularies that are commonly used by the practitioners. Their jobs are multi-faceted, which include checking for code and regulatory compliance. As such, it will be very desirable if industry practitioners are able to easily locate and browse regulations of interest. In practice, multiple sources (...) of government regulations exist and they are often organized and classified by the needs of the issuing agencies that enforce them rather than the needs of the communities that use them. One way to bridge these two distinct needs is to develop methods and tools that enable practitioners to browse and retrieve government regulations using their own terms and vocabularies, for example, via existing industry taxonomies. The mapping from a single taxonomy to a single regulation is a trivial keyword matching task. We examine a relatedness analysis approach for mapping a single taxonomy to multiple regulations. We then present an approach for mapping multiple taxonomies to a single regulation by measuring the relatedness of concepts. Cosine similarity, Jaccard coefficient and market basket analysis are used to measure the semantic relatedness between concepts from two different taxonomies. Preliminary evaluations of the three relatedness analysis measures are performed using examples from the civil engineering and building industry. These examples illustrate the potential benefits of regulatory usage from the mapping between various taxonomies and regulations. (shrink)

Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence âe" self-governing systems âe" challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to (...) the functioning of modern legal systems. But once artificial entities become more autonomic, and less dependent on deliberate human intervention, criteria like agency, intentionality and self-determination, become too fragile to serve as defining criteria for human subjectivity, personality or identity, and for characterizing the processes through which individual citizens become moral and legal subjects. Are autonomic âe" yet artificial âe" systems shrinking the distance between (acting) subjects and (acted upon) objects? How âe~distinctively humanâe(tm) will agency be in a world of autonomic computing? Or, alternatively, does autonomic computing merely disclose that we were never, in this sense, âe~humanâe(tm) anyway? A dialogue between philosophers of technology and philosophers of law, this book addresses these questions, as it takes up the unprecedented opportunity that autonomic computing and ambient intelligence offer for a reassessment of the most basic concepts of law. (shrink)

Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence âe" self-governing systems âe" challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to (...) the functioning of modern legal systems. But once artificial entities become more autonomic, and less dependent on deliberate human intervention, criteria like agency, intentionality and self-determination, become too fragile to serve as defining criteria for human subjectivity, personality or identity, and for characterizing the processes through which individual citizens become moral and legal subjects. Are autonomic âe" yet artificial âe" systems shrinking the distance between (acting) subjects and (acted upon) objects? How âe~distinctively humanâe(tm) will agency be in a world of autonomic computing? Or, alternatively, does autonomic computing merely disclose that we were never, in this sense, âe~humanâe(tm) anyway? A dialogue between philosophers of technology and philosophers of law, this book addresses these questions, as it takes up the unprecedented opportunity that autonomic computing and ambient intelligence offer for a reassessment of the most basic concepts of law. (shrink)

This book explores how the design, construction, and use of robotics technology may affect today's legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of "hard cases." General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), (...) personal accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships. (shrink)

"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

Researchers have given some attention to women law enforcement officers' experiences and perceptions of sexual harassment. Yet, few studies have determined how the interaction of gender and race affect African American women's perception of this workplace impediment. This article explores one group of women's experiences in a U.S. sheriff's department. Interview data gathered from 65 African American women who are active and former law enforcement officers provide a comprehensive examination of how African American women in nontraditional criminal justice occupations experience (...) racialized sexual harassment. Differences in degree and frequency of harassment are found among the women in different cohorts based on their job tenure, marital status, and the race of their harassers. (shrink)

This chapter develops a theory of categorical normativity, of those principles that have authority over us regardless of our ends and interests. It argues that there is an intimate connection between these norms and the conditions of agency. In this respect, it offers a version of constitutivism. But the version of constitutivism defended is unique in a few respects. First, it is naturalistic: agency is an emergent property, like the properties of biology and economics. Second, it is social: (...) agency is something constructed by the complex interaction of agents. And third, it supports the normativity of a particular contractualist procedure: adhering to Kant’s Formula of the Realm of Ends is a condition on agency, and so a categorical requirement. (shrink)

The regularities in nature, simply by being regularities, call for explanation. There are only two ways in which we could, with any plausibility, try to explain them. One way would be to suppose that they are imposed on the world by God. The other would be to suppose that they reflect the presence of laws of nature, conceived of as forms of natural necessity. But the only way of making sense of the notion of a law of nature, thus conceived, (...) is by construing a law as the causing of the associated regularity, and the only remotely plausible account of such causing would be in terms of the agency of God. So, by whichever route, we are led to the conclusion that the regularities are brought about by God. So the presence of the regularities in nature provides us with a strong case for accepting the existence of God. (shrink)

This article explores the context within which abortion law and discourse in Northern Ireland must be situated and understood, relying in part on post-modern insights into the wider and long-term implications of feminists engaging law and by examining the strategies employed in Northern Ireland around the issue of abortion. In 2001,the Family Planning Association (Northern Ireland) took legal action to force the devolved government to defend at a procedural level the unequal and uncertain form of common law abortion regulation for (...) Northern Ireland. The authors examine the strategy of this review as well as the response of the High Court, suggesting that while it may begin to challenge the legitimacy of abortion law, feminists and pro-choice advocates must prepare for challenges beyond that, the greatest being the cultural challenge. The courts, legislators and other public and political institutions(including the Northern Ireland Human Rights Commission and the Northern Ireland Women's Coalition) consistently explain the law's lack of provision for women with reference to the `pro-life' majority views of Northern Irish people. The authors question the legitimacy of this claim in a cultural climate of intimidation against the expression of alternative views. Women will continue to be marginalised and devalued in this debate if the silencing of the pro-choice community and bodies responsible for protecting human rights is not redressed. A case is therefore made for a reconceptualisation of the abortion debate from the perspective of women's agency, which, alongside litigation and other strategies, is necessary to overcome the cultural censure that currently prevents meaningful dialogue. (shrink)

This ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine (...) learning, assessing the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted. Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination. Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C. Graber, M. Hildebrandt, C. Maple, K. O'Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. Veale. (shrink)

What drives us to make decisions? Future-Minded explores the psychological processes of agency and control. If you've ever wondered why we think of coincidences as matters of fate rather than the result of the laws of probability, this book provides the answer. From memory and reasoning to our experiences of causality and consciousness, it unpicks the mechanisms we use on a daily basis to help us predict, plan for and attempt to control the future. Future-Minded - Features a wealth (...) of real world examples to help you engage with this fast-developing area. - Provides clear analysis of psychological experiments and their findings to explain the evidence behind the theory. Thought-provoking and highly topical, Future-Minded is fascinating reading for psychology students studying cognition or consciousness, and for anyone interested in understanding how we try to determine the future. (shrink)

Fichte’s introduction to the Sittenlehre rather strikingly says nothing about Sitten or Sittlichkeit, nothing about Moral, virtually nothing about die Ethik. Aside from one very pregnant promissory note with no immediate bearing on ethical matters, it says nothing about the specific tasks and strategy of the book it introduces. What it provides instead is a concise statement of Fichte’s fundamental philosophical commitments and a powerful illustration of his distinctive combination of transcendental and phenomenological approaches in philosophy in general and to (...) the problems of action in particular. In approaching Fichte’s text we will do well to focus on three points: the systematic place of the text in Fichte’s corpus and in his system; Fichte’s sketch of the phenomenology and transcendental conditions of agency; and the problem of understanding the distinctive normativity of Fichte’s transcendental/phenomenological laws. (shrink)

Police training plays a crucial role in the development of police officers. Because the training of police officers combines various educational components and is governed by organizational guidelines, police training is a complex, multifaceted topic. The current study investigates training at six European law enforcement agencies and aims to identify strengths and challenges of current training organization and practice. We interviewed a total of 16 police instructors and seven police coordinators with conceptual training tasks. A thematic analysis was conducted and (...) results organized in the two main themes evident across all six law enforcement agencies: organization of training and delivery of training. Results show that governmental structures and police executive boards are seen as the primary authorities that define the training framework in which police instructors operate. These administrative structures regulate distant and immediate resources, such as available training time, training facilities, equipment, and personnel. Within the confines of available resources and predetermined training frameworks, results indicate that police instructors thoroughly enjoy teaching, creating supportive and motivating learning environments, and applying their personal learning perspectives to training. Nonetheless, police instructors are critical of the level of training they are able to achieve with the available resources. (shrink)

: This paper discusses the function and scope of incompatibilist or transcendental freedom in Kant's moral philosophy. The prevailing view among scholars, most notably Allison, is that the function of transcendental freedom is to enable us to articulate a first-person conception of ourselves as rational agents involved in deliberation and choice. Thus, the scope of transcendental freedom is rational agency in general. In order to perform this function, freedom has to be merely conceivable. Pace Allison, I argue that our (...) first-person conception is neutral with respect to causal determinism, and that the function of transcendental freedom is to provide the metaphysical conditions of the possibility of genuine moral responsibility and perfect justice, and to get rid of moral luck. In order to perform this function, transcendental freedom has to be not just conceivable, but metaphysically real. My view suggests that we only have reason to attribute freedom to ourselves in situations in which we are aware that the moral law commands us categorically. We do not have a similar reason to believe we are free in purely prudential choices. Thus, the scope of transcendental freedom is not rational agency in general, but only moral agency. (shrink)

Assuming that states will remain a permanent feature of our world, what is the ideal that we should hold out for the international order? An attractive proposal is that those peoples that are already organized under non-dominating, representative states should pursue a twin goal: first, arrange things so that they each enjoy the republican ideal of freedom as non-domination in relation to one another and to other multi-national and international agencies; and second, do everything possible and productive to facilitate the (...) representation of less fortunate peoples in non-dominating states and to incorporate them in a non-dominating international order. This republican ideal stands midway between a utopian ideal of cosmopolitan justice and a sceptical ideal of non-intervention. The article explores its attractions and the broad institutional measures that it would support. (shrink)

For centuries in the UK and elsewhere, charities have been widely regarded as admirable and virtuous organisations. Business corporations, by contrast, have been characterised in the popular imagination as entities that lack a capacity for moral judgement. Drawing on the philosophical literature on the moral agency of organisations, we examine how the law shapes the ability of charities and business corporations headquartered in England to exercise moral agency. Paradoxically, we find that charities are legally constrained in exercising moral (...) agency in ways in which business corporations are not. Implications for charities and business corporations are then explored. (shrink)

1. Legal Positivism vs Natural Law -- An Overview -- 2. The Centrality of Normativity to the Concept of Law -- 3. The Gewirthian Solution -- 4. Defending the Necessary Connection -- 5. Reasons, Law and all that Raz -- 6. Accepting the Trojan Horse -- The Necessary Conclusion.

A little while back I touched on the ‘laws of nature’ in the course of a defence of free will. I argued that if we were entirely subject to such laws, then neither the experimental science by which they were discovered nor our capacity to exploit them through technology would be possible. Our undeniable ability to manipulate states of matter inside scientific laboratories in pursuit of knowledge of its general properties, and to apply that knowledge outside of the laboratories in (...) support of our agency, are perhaps the most striking expressions of the way in which we humans transcend the material world. But ‘the laws of nature’ deserve more attention than I gave them in that piece on free will. (shrink)

John Foster presents a clear and powerful discussion of a range of topics relating to our understanding of the universe: induction, laws of nature, and the existence of God. He begins by developing a solution to the problem of induction - a solution whose key idea is that the regularities in the workings of nature that have held in our experience hitherto are to be explained by appeal to the controlling influence of laws, as forms of natural necessity. His second (...) line of argument focuses on the issue of what we should take such necessitational laws to be, and whether we can even make sense of them at all. Having considered and rejected various alternatives, Foster puts forward his own proposal: the obtaining of a law consists in the causal imposing of a regularity on the universe as a regularity. With this causal account of laws in place, he is now equipped to offer an argument for theism. His claim is that natural regularities call for explanation, and that, whatever explanatory role we may initially assign to laws, the only plausible ultimate explanation is in terms of the agency of God. Finally, he argues that, once we accept the existence of God, we need to think of him as creating the universe by a method which imposes regularities on it in the relevant law-yielding way. In this new perspective, the original nomological-explanatory solution to the problem of induction becomes a theological-explanatory solution. The Divine Lawmaker is bold and original in its approach, and rich in argument. The issues on which it focuses are among the most important in the whole epistemological and metaphysical spectrum. (shrink)

Kant’s essay on the question of literary piracy has so far been read as a foundational text in the history of literary property. When Kant refers to the book as a “mute instrument,” scholars of intellectual property already know how to interpret that formulation because they presume the distinction that the contemporary jurisprudence of intellectual property makes between matter and form and its concomitant assumption that print is just an inert, nonagentive medium. In fact, Kant begins his analysis of unauthorized (...) publication not with the question What is an author? but with the question What is publication?. His insight was that unauthorized publication revealed a structural feature of publication in general. The effect of the interposition of print, or the fact that speech begins in and with print, is that the author is structurally alienated from his or her speech. Kant was not an Enlightenment media theorist, but he recognized that speech had to be mediated and therefore delivered to the reader and that it was the medium itself that determined the conditions under which authors and readers could exist and be present to one another and under which speech could become an authorship. In order to create a language channel for public reason, Kant had to take a detour through the legal fiction of agency. Speech might have been an action that could have its existence “only in a person,” but this supposedly innate bond was made by a legal fiction of representation, according to which one person could truly speak “as if” they were another. Kant’s answer to the question What is a book? developed a law that was not so much a law of literary property as a law that sought to suspend the alienating effects of print so as to restore the Enlightenment ideal of communication. (shrink)

The last decade or so has seen an explosion of scholarship by American law professors on what has become known as administrative constitutionalism. Administrative constitutionalism is a catchphrase for the role of administrative agencies in influencing, creating, and establishing constitutional rules and norms, and governing based on those rules and norms. Though courts traditionally get far more attention in the scholarly literature and the popular imagination, administrative constitutionalism scholars show that administrative agencies have been extremely important participants in American constitutional (...) development. Section I of this essay identifies three different versions of administrative constitutionalism—(1) Engagement with Existing Constitutional Doctrine; (2) Resolving Questions of Statutory Meaning that Implicate Constitutional Questions; and (3) Shadow Administrative Constitutionalism—and provides examples from the scholarly literature to illustrate these distinct manifestations of administrative constitutionalism. Section II of this essay discusses the normative turn in administrative constitutionalism scholarship. Much of this normative literature is implicitly or explicitly premised on the notion that agencies are more likely to pursue progressive goals than are other government actors. Section III of this essay disputes the notion that agency constitutional decision-making is “democratic” and that agencies are naturally inclined to serve progressive goals. Finally, Section IV of this essay notes that scholars who support broad agency autonomy to work out and enforce their own constitutional visions have failed to consider how their work fits in with the economic and political science literature on agency behavior. One can predict, based on that literature, that agencies given broad autonomy under the guise of administrative constitutionalism will primarily be inclined to expand their scope and authority at the expense of countervailing considerations. (shrink)

I develop an interdisciplinary framework for understanding the nature of agents and agency that is compatible with recent developments in the metaphysics of science and that also does justice to the mechanistic and normative characteristics of agents and agency as they are understood in moral philosophy, social psychology, neuroscience, robotics, and economics. The framework I develop is internal perspectivalist. That is to say, it counts agents as real in a perspective-dependent way, but not in a way that depends (...) on an external perspective. Whether or not something counts as an agent depends on whether it is able to have a certain kind of perspective. My approach differs from many others by treating possession of a perspective as more basic than the possession of agency, representational content/vehicles, cognition, intentions, goals, concepts, or mental or psychological states; these latter capabilities require the former, not the other way around. I explain what it means for a system to be able to have a perspective at all, beginning with simple cases in biology, and show how self-contained normative perspectives about proper function and control can emerge from mechanisms with relatively simple dynamics. I then describe how increasingly complex control architectures can become organized that allow for more complex perspectives that approach agency. Next, I provide my own account of the kind of perspective that is necessary for agency itself, the goal being to provide a reference against which other accounts can be compared. Finally, I introduce a crucial distinction that is necessary for understanding human agency: that between inclinational and committal agency, and venture a hypothesis about how the normative perspective underlying committal agency might be mechanistically realized. (shrink)