The moral importance of liability to harm has so far been ignored in the lively debate about what self-driving vehicles should be programmed to do when an accident is inevitable. But liability matters a great deal to just distribution of risk of harm. While morality sometimes requires simply minimizing relevant harms, this is not so when one party is liable to harm in virtue of voluntarily engaging in activity that foreseeably creates a risky situation, while having reasonable (...) alternatives. On plausible assumptions, merely choosing to use a self-driving vehicle typically gives rise to a degree of liability, so that such vehicles should be programmed to shift the risk from bystanders to users, other things being equal. Insofar vehicles cannot be programmed to take all the factors affecting liability into account, there is a pro tanto moral reason not to introduce them, or restrict their use. (shrink)

While theories of animal rights maintain that nonhuman animals possess prima facie rights, such as the right to life, the dominant philosophies of animal rights permit the killing of nonhuman animals for reasons of self-defense. I argue that the animal rights discourse on defensive killing is problematic because it seems to entail that any nonhuman animal who poses a threat to human beings can be justifiably harmed without question. To avoid this human-privileged conclusion, I argue that the animal rights position (...) needs to both (1) deploy a new criterion of liability to defensive harm, and (2) seriously consider whether human beings themselves are liable to defensive harm in human-animal conflicts. By shifting the focus to whether humans are liable to defensive harm, we will find that in many situations of human-animal conflict, human beings are actually the ones liable to be harmed because they are often culpable or, to some degree, morally responsible for posing an unjust threat to nonhuman animals. (shrink)

Accidental infringement of copyright is a pervasive and largely ignored problem. In the twenty-first century, it has become increasingly easy to infringe copyright unintentionally. When such accidental infringement occurs, copyright law holds the user strictly liable. Prior literature has questioned whether the strict liability standard is normatively defensible. In particular, prior literature has asked whether the strict liability standard ought to be reformed for economic reasons. This Article examines the accidental infringement problem from a new perspective. It considers (...) whether it is fair to hold copyright users strictly liable for accidental infringements of copyright. This Article argues that the strict liability standard is not fair because it results in copyright users being held liable for accidents for which they are not morally responsible. Using the moral philosophy literature on responsibility, this Article explores our intuitions surrounding copyright’s liability standard in order to better understand why strict liability in this context seems “harsh” and “inequitable.” In turn, this provides an argument for reforming copyright’s liability rule and adopting a negligence standard. This Article then argues that, within the United States, the proposed reform to copyright’s liability rule should be accomplished by modifications to the existing fair use doctrine. (shrink)

Accidental infringement of copyright is a pervasive and largely ignored problem. In the twenty-first century, it has become increasingly easy to infringe copyright unintentionally. When such accidental infringement occurs, copyright law holds the user strictly liable. Prior literature has questioned whether the strict liability standard is normatively defensible. In particular, prior literature has asked whether the strict liability standard ought to be reformed for economic reasons. This Article examines the accidental infringement problem from a new perspective. It considers (...) whether it is fair to hold copyright users strictly liable for accidental infringements of copyright. This Article argues that the strict liability standard is not fair because it results in copyright users being held liable for accidents for which they are not morally responsible. Using the moral philosophy literature on responsibility, this Article explores our intuitions surrounding copyright’s liability standard in order to better understand why strict liability in this context seems “harsh” and “inequitable.” In turn, this provides an argument for reforming copyright’s liability rule and adopting a negligence standard. This Article then argues that, within the United States, the proposed reform to copyright’s liability rule should be accomplished by modifications to the existing fair use doctrine. (shrink)

Accidental infringement of copyright is a pervasive and largely ignored problem. In the twenty-first century, it has become increasingly easy to infringe copyright unintentionally. When such accidental infringement occurs, copyright law holds the user strictly liable. Prior literature has questioned whether the strict liability standard is normatively defensible. In particular, prior literature has asked whether the strict liability standard ought to be reformed for economic reasons. This Article examines the accidental infringement problem from a new perspective. It considers (...) whether it is fair to hold copyright users strictly liable for accidental infringements of copyright. This Article argues that the strict liability standard is not fair because it results in copyright users being held liable for accidents for which they are not morally responsible. Using the moral philosophy literature on responsibility, this Article explores our intuitions surrounding copyright’s liability standard in order to better understand why strict liability in this context seems “harsh” and “inequitable.” In turn, this provides an argument for reforming copyright’s liability rule and adopting a negligence standard. This Article then argues that, within the United States, the proposed reform to copyright’s liability rule should be accomplished by modifications to the existing fair use doctrine. (shrink)

: Autonomous driving systems promise important changes for future of transport, primarily through the reduction of road accidents. However, ethical concerns, in particular, two central issues, will be key to their successful development. First, situations of risk that involve inevitable harm to passengers and/or bystanders, in which some individuals must be sacrificed for the benefit of others. Secondly, and identification responsible parties and liabilities in the event of an accident. Our work addresses the first of these ethical problems. (...) We are interested in investigating how humans respond to critical situations and what reactions they consider to be morally right or at least preferable to others. Our experimental approach relies on the trolley dilemma and knowledge gained from previous research on this. More specifically, our main purpose was to test the difference between what human drivers actually decide to do in an emergency situations whilst driving a realistic simulator and the moral choices they make when they pause to consider what they would do in the same situation and to better understand why these choices may differs. Keywords: Self-driving Cars; Trolley Problem; Moral Choices; Moral Responsibility; Virtual Reality Dilemmi morali nelle automobili a guida autonoma Riassunto: I sistemi di guida autonomi promettono importanti cambiamenti per il futuro dei trasporti, principalmente attraverso la riduzione degli incidenti stradali. Tuttavia, vi sono preoccupazioni etiche, in particolare due questioni centrali, fondamentali per il loro sviluppo. In primo luogo, le situazioni di rischio che comportano inevitabili danni ai passeggeri e/o ai pedoni, ovvero situazioni in cui alcune persone devono essere sacrificate a beneficio di altri. In secondo luogo, l’identificazione delle parti responsabili in caso di incidente. Il nostro lavoro affronta il primo di questi problemi etici. Siamo interessati a studiare come gli umani rispondono a situazioni critiche e quali reazioni considerano moralmente giuste o almeno preferibili. Il nostro approccio sperimentale si basa sul trolley problem e sulle conoscenze acquisite da precedenti ricerche su questo ambito. Più specificamente, il nostro scopo principale è quello di testare la differenza tra ciò che i conducenti umani decidono effettivamente di fare in una situazione di emergenza, mentre guidano un simulatore realistico, e le scelte morali che compiono se posti nella stessa situazione e hanno la possibilità di decidere senza limiti di tempo. Lo scopo è inoltre comprendere come e perché queste scelte possono differire. Parole chiave: Automobili a guida autonoma; Trolley problem; Scelte morali; Responsabilità morale, Realtà virtuale. (shrink)

Beginning with the seminal work by Williams and Nagel, moral philosophers have used auto accident hypotheticals to illustrate the phenomenon of moral luck. Moral luck is present in the hypotheticals because two equally careless drivers are assessed differently because only one of them caused an accident. This Article considers whether these philosophical discussions might contribute to the public policy debate over compensation for auto accidents. Using liability and insurance practices in the United States as an illustrative example, (...) the Article explains that auto liability insurance substantially mitigates moral luck and argues that, as a result, the moral luck literature is unlikely to make a significant contribution to this public policy debate. The debate would benefit more from philosophical analysis of victims’ luck, which is not as substantially mitigated by liability insurance. (shrink)

Risky decision-making is highly influenced by emotions and can lead to fatal consequences. Attempts to reduce risk-taking include the use of mindfulness-based interventions, which have shown promising results for both emotion regulation and risk-taking. However, it is still unclear whether improved emotion regulation is the mechanism responsible for reduced risk-taking. In the present study, we explore the effect of a 5-week MBI on risky driving in a group of repeat traffic offenders by comparing them with non-repeat offenders and repeat offenders (...) without training. We evaluated the driving behavior of the participants through a driving simulation, and self-reported emotion regulation, both before and after the intervention. At baseline, poor emotion regulation was related to a more unstable driving behavior, and speeding. The group that received mindfulness training showed improved performance during risky driving situations and had fewer accidents, although their overall driving behavior remained largely unchanged. The observed trend toward improved emotion regulation was not significant. We discuss whether other effects of MBI – such as self-regulation of attention – could underlie the observed reduction in risky driving in the initial stages. Nonetheless, our findings still confirm the close relationship between emotion regulation skills and risky driving. (shrink)

This paper focuses on the role of culpability in determining the degree of liability to defensive harm, and asks whether there are any restrictions on when culpability is relevant to liability. A natural first suggestion is that it is only relevant when combined with an actual threat of harm in the situation in which defensive harm becomes salient as a means of protection. The paper begins by considering the question of whether two people are equally liable to defensive (...) harm in a situation if both culpably intend to harm another, but due to circumstances outside the control of the two people only one has a chance of succeeding in causing harm. I argue that there is no difference in liability between the two. I then turn to a kind of slippery slope challenge that accepting this conclusion would lead to a vast over-inclusiveness in those liable to defensive harm, and consider a recent attempt at meeting it that requires that a person’s culpability can only affect liability if it concerns the very situation in which defensive harm is relevant. Finally, I put forward and assess a new way of meeting the challenge that appeals to a particular conception of culpability together with auxiliary theses concerning how culpability can decrease over time, among others. (shrink)

This study used a national sample of professionals and a questionnaire containing equitable relief vignettes to explore whether the new equitable relief subset of the revised innocent spouse rules is helpful to the IRS when making relief decisions. The study also addressed the ethical and gender issues associated with equitable relief innocent spouse cases. The results suggested that several equitable relief factors are useful as discriminators in the relief decision. The results also demonstrated that the recognition of an ethical issue (...) and perceptions of moral intensity affected the decision to grant relief in innocent spouse situations. Finally, women subjects were more ethical and more sympathetic toward the victim in an innocent spouse situation than were their male counterparts. These findings have numerous personal and societal implications for businesses, IRS agents, CPAs, and attorneys, as well as other nations wishing to reform their tax structures while assessing the tradeoff between equity and tax revenue generation. (shrink)

Should there be civil liability when a person who could easily and without risk rescue another fails to do so? It is argued that the failure to act does not cause the harm that follows, and that the misfeasance/nonfeasance distinction provides no basis for liability. In spite of this, it is maintained that there can sometimes be a duty to rescue, and even a right to be rescued, even in the absence of a voluntary undertaking or an explicit (...) assumption of responsibility.There are convincing arguments for some sort of legal recognition of a duty to rescue, but these arguments do not support tort liability. Nor is a case for tort liability made with the argument that a growth of tort law in this direction would be compatible with the values most centrally involved in the division between torts and contracts. Furthermore, there is a case against tort liability — namely, that the purpose of tort liability is to compensate, that there are certain sorts of situations in which compensation is apposite, and that failure to rescue does not fit into these categories. Criminal liability is the appropriate way for the law to recognize a duty to rescue. (shrink)

A doctor who lapses and injures her patient, and a driver who lapses and causes an accident, are liable under negligence law for the harm done. But lapse is not necessarily negligence, since reasonable people lapse from time to time. We show that tort liability for “reasonable” lapses distorts doctors’, drivers’, and manufacturers’ incentives to take care. Furthermore, such liability provides potential injurers with incentives to substitute activities which are less prone to lapses with activities which are (...) more prone to lapses, even if such substitution is inefficient. We propose several solutions to the inefficiencies that result from liability for lapses, and argue that under certain circumstances injurers should be entitled to invoke a “lapse defense.”. (shrink)

Jonathan Quong argues for the “moral status” account of defensive liability. According to the moral status account, what makes it the case that assailants lack rights against the imposition of defensive violence on them is that they are treating defenders as if those defenders lack rights against the imposition of aggressive violence on them. This “as if” condition can be met in some situations in which one person, A, commands very good but factually inaccurate evidence that another person, (...) B, poses a lethal danger to her. In this “Mistaken Attacker” case, A will be entirely blameless. Nonetheless, A is defensively liable, because A assumes that B is defensively liable despite the fact that B is not defensively liable. In other cases, A may threaten B, who is innocent and hence defensively non-liable, without treating B as if B lacks rights. For example, in the “Conscientious Driver” case, A may have lost control of her car, having taken all due precautions, and be posing a lethal threat to an innocent pedestrian, B, but A is not treating B as if B lacks rights because B’s interests have already been taken fully into account in arriving at the verdict that careful driving is morally permissible. In this paper, I explore and criticize Quong’s account. I argue that the distinctions Quong draws between Conscientious Driver and Mistaken Attacker cannot be sustained in ways that uphold the moral status account, and I suggest that the moral status account’s focus on the “as if” condition is morally undermotivated. The drift of my argument is that we should take much more minimal accounts of defensive liability more seriously than we typically do. (shrink)

The goal of the present paper is to construct a formal explication of the pluralistic ignorance explanation of the bystander effect. The social dynamics leading to inaction is presented, decomposed, and modeled using dynamic epistemic logic augmented with ‘transition rules’ able to characterize agent behavior. Three agent types are defined: First Responders who intervene given belief of accident; City Dwellers, capturing ‘apathetic urban residents’ and Hesitators, who observe others when in doubt, basing subsequent decision on social proof. It is (...) shown how groups of the latter may end in a state of pluralistic ignorance leading to inaction. Sequential models for each agent type are specified, and their results compared to empirical studies. It is concluded that only the Hesitator model produces reasonable results. (shrink)

Agritourism activities have gained importance as a mechanism for some farmers to broaden their sources of income. As businesses have pursued agritourism activities, they have been concerned about liability for personal injuries of participants. In some states, providers of agritourism activities have presented legislators with ideas for an agritourism statute to limit liability for injuries resulting from inherent risks. Four new agritourism statutes have been enacted, while six other states have adopted alternative liability provisions that may apply (...) to some agritourism providers. The agritourism statutes provide an affirmative defense to providers to eliminate liability for inherent-risk injuries. An analysis of the statutory provisions shows legislatures making choices on the assignment of liability for accident injuries and the ability of providers to obtain releases from negligence. Because the agritourism statutes impose prerequisites and do not stop meritless lawsuits, they do not offer much assistance to agritourism providers. An evaluation of policy issues suggests that legislatures might consider additional options to address agritourism providers’ concerns. (shrink)

Self-driving cars hold out the promise of being safer than manually driven cars. Yet they cannot be a 100 % safe. Collisions are sometimes unavoidable. So self-driving cars need to be programmed for how they should respond to scenarios where collisions are highly likely or unavoidable. The accident-scenarios self-driving cars might face have recently been likened to the key examples and dilemmas associated with the trolley problem. In this article, we critically examine this tempting analogy. We identify three important (...) ways in which the ethics of accident-algorithms for self-driving cars and the philosophy of the trolley problem differ from each other. These concern: the basic decision-making situation faced by those who decide how self-driving cars should be programmed to deal with accidents; moral and legal responsibility; and decision-making in the face of risks and uncertainty. In discussing these three areas of disanalogy, we isolate and identify a number of basic issues and complexities that arise within the ethics of the programming of self-driving cars. (shrink)

In this paper I attempt to explore the significance of the terms ‘accident’ and ‘chance’ when they are used in connection with events that are sometimes said to happen ‘by accident’ and sometimes ‘by chance’. The significance of these terms is not always made clear in everyday conversation, and here I shall try to discuss the distinction between them and the sorts of situation therefore to which they properly apply. Perhaps an example will show that these expressions are (...) different. Thus ‘I met Smith in the library by chance’ is different from ‘I met Smith in the library by accident’, different because these statements reflect different interpretations of the events referred to. We see accidental and chance events in a different light. And this is the point; ‘accident’ and ‘chance’ are terms of interpretation, not of description. And I hope to show that the expression ‘by chance’ is appropriate in contexts which develop as a result of human decisions and intentions in a way in which the expression ‘by accident’ is not appropriate. (shrink)

This research examines how the meaning of risk, safety, and accidents are constructed in a military context. We compare meanings of these constructs among members working for three organizations (Health and Safety Executive, Ministry of Defence, and Royal Marine Commandos) jointly responsible for planning and executing "safe" military training and maneuvres in a particular unit of the United Kingdom's Royal Marine Commandos. The discourse among these members embodies the inter-organizational collaboration over military safety, and through an analysis of this discourse (...) we situate and frame shared and contested meanings of risk, safety, and accidents within this particular community of practice. We discuss implications of these findings for theory and practice, rallying for a more contextualized understanding of what risk, safety, and accidents mean in organizational life and thus the relative nature of the standards to which organizations are expected to adhere. (shrink)

This paper questions the fairness of our current tort-law regime and the philosophical underpinnings advanced in its defense, a theory known as corrective justice. Fairness requires that the moral equality and responsibility of persons be respected in social interactions and institutions. The concept of luck has been used by many egalitarians as a way of giving content to fairness by differentiating between those benefits and burdens that result from informed choice and those that result from fate or fortune. We argue (...) that the theory of corrective justice, along with its institutional embodiment of tort law, is at odds with an egalitarian commitment to fairness because it allows luck an unjustifiable role in determining dissimilar liability for similar wrongs and dissimilar compensation for similar losses to bodily integrity. Many egalitarian political theorists have also recognized, if not defended, the notion of distinct forms of justice, namely corrective, retributive, and distributive. Although theorists of these different forms of justice have been concerned with negating unfair luck inside the operations of each form of justice, there has been little attention to the way in which luck operates to sort cases into each form of justice. We claim that there is a significant way in which luck operates to subject different people to principles of corrective, retributive, and distributive justicewhich flies in the face of the egalitarian value of fairness. After surveying the arguments put forward by theorists defending a categorical distinction between corrective justice and retributive and distributive principles, we argue that although analytical distinctions can be made between different forms of justice (although, we also suggest that the distinctions are not as sharp as some commentators suggest), there is no good reason to defend an acoustic separation between these forms of justice when doing so creates unfair outcomes. (shrink)

In China, the increasing traffic pressure has created traffic policing problems such as the heavy workloads of traffic police, as well as more conflicts between traffic police and road users. The treatment of traffic policing as a semiotic practice provides both a new perspective in and a helpful approach to dealing with these problems, yet few studies have investigated how semiotic resources are used in traffic policing interactions. This article examines the supportive role of semiotic resources in traffic policing, and (...) draws upon genre and exchanges involved as an illustration. The data include three audio recordings of traffic accident handling cases in Shanghai, China. Through qualitative analysis of the data from the perspective of Systemic Functional Linguistics, this article identifies the genre stages in traffic accident handling and their logico-semantic relations, and situates the typical exchanges and moves used by traffic police in different stages. It also discusses the usefulness of semiotic resources for traffic policing and the implications of these resources in tackling the existing problems of traffic policing in China. (shrink)

We say that things happen accidentally when they do indeed happen, but only by chance. In the opposite situation, an essential happening is inescapable, its inevitability being the sine qua non for its very occurrence. This paper will investigate modal logics on a language tailored to talk about essential and accidental statements. Completeness of some among the weakest and the strongest such systems is attained. The weak expressibility of the classical propositional language enriched with the non-normal modal operators of essence (...) and accident is highlighted and illustrated, both with respect to the definability of the more usual modal operators as well as with respect to the characterizability of classes of frames. Several interesting problems and directions are left open for exploration. (shrink)

There is a catastrophe within contemporary art. What I call the "optically correct" is at stake. The vision machine and the motor have triggered it, but the visual arts haven't learned from it. Instead, they've masked this failure with commercial success. This "accident" is provoking a reversal of values. In my view, this is positive: the accident reveals something important we would not otherwise know how to perceive.-- Paul Virilio, The Accident of ArtUrbanist and technological theorist Paul (...) Virilio trained as a painter, studying under Henri Matisse, Georges Braque, Bazaine and de Stael. In The Accident of Art, his third extended conversation with Sylvère Lotringer, Virilio addresses the situation of art within technological society for the first time. This book completes a collaborative trilogy the two began in 1982 with Pure War and continued with Crepuscular Dawn, their 2002 work on architecture and biotechnology.In The Accident of Art, Virilio and Lotringer argue that a direct relation exists between war trauma and art. Why has art failed to reinvent itself in the face of technology, unlike performing art? Why has art simply retreated into painting, or surrendered to digital technology? Accidents, Virilio claims, can free us from speed's inertia. As technological catastrophes, accidents are inventions in their own right. (shrink)

Is the negligence standard in accident law acceptable to the egalitarian? The egalitarian - the egalitarian who would compensate only losses for which the actor was not responsible - cannot accept either a system of strict liability for all accidents or a system of social insurance for all accidents. A system of tort law acceptable to the responsibility - egalitarian must be a system based on negligence. But what will negligence mean? A negligence system in which the notion (...) of reasonableness is based on efficiency, I argue, is a system that redistributes wealth from the less well off to those better off. I consider alternative notions of reasonableness, ending up with a principle of proportional responsibility and distinguishing between commercial and non-commercial cases. (shrink)

In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another â?? in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict â?? is the area of law which determines whether one (...) who has suffered a damage, can on that account demand reparation â?? in money or in kind â?? from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States. (shrink)

Recent simulations by Scanlon et al. showed seemingly spectacular results for the Waymo self-driving vehicle in simulations of real accident situations. In this paper, it is argued that the selection criteria for accident situations must be modified in accordance with the relevant policy alternatives. While Scanlon et al. compare Waymo with old human-driven vehicles, it is argued here that the relevant policy question is whether we ought to use self-driven vehicles or human-driven vehicles in the future, (...) which means that we need to consider whether other technological solutions, which are available but not broadly used in human-driven vehicles, could result in human-driven vehicles managing to avoid the same accidents. In this article, a proposal for a new standard of selection criteria is made. (shrink)

To a large extent liability for ICT perils is still a grey area, even though an increasing number of information security researchers adopt economic approaches to highlight market mechanisms and externalities. That is why this article focuses on the need for increased awareness of externalities and liability among ICT professionals and their customers. This is critical to achieve in order to promote appropriate ICT technologies and services with comprehensible privacy and security protection. What is needed is a better (...) understanding of the consequences of externalities from ICT perils. This would benefit customers and increase trust in ICT products and services which in turn may even increase suppliers' profit margin; customers would be prepared to buy more services and products if contracts and service level agreements would accept more liability. Moreover, suppliers could sell guaranties and insurances on top of their products and services. The result would be a win-win situation and would benefit society at large. (shrink)

We compare the performance of liability rules for managing environmental disasters when third parties are harmed and cannot always be compensated. A firm can invest in safety to reduce the likelihood of accidents. The firm’s investment is unobservable to authorities. The presence of externalities and asymmetric information call for public intervention in order to define rules aimed at increasing prevention. We determine the investments in safety under No Liability, Strict Liability, and Negligence rules, and compare these to (...) the first best. Additionally, we investigate how the ability of the firm to fully cover potential damage affects the firm’s behavior. An experiment tests the theoretical predictions. In line with theory, Strict Liability and Negligence are equally effective; both perform better than No Liability; investment in safety is not sensitive to the ability of the firm to compensate potential victims. In contrast with theory, however, prevention rates absent liability are much higher and liability is much less effective. (shrink)

This thesis considers two allegations which conservatives often level at no-fault systems — namely, that responsibility is abnegated under no-fault systems, and that no-fault systems under- and over-compensate. I argue that although each of these allegations can be satisfactorily met – the responsibility allegation rests on the mistaken assumption that to properly take responsibility for our actions we must accept liability for those losses for which we are causally responsible; and the compensation allegation rests on the mistaken assumption that (...) tort law’s compensatory decisions provide a legitimate norm against which no-fault’s decisions can be compared and criticized – doing so leads in a direction which is at odds with accident law reform advocates’ typical recommendations. On my account, accident law should not just be reformed in line with no-fault’s principles, but rather it should be completely abandoned since the principles that protect no- fault systems from the conservatives’ two allegations are incompatible with retaining the category of accident law, they entail that no-fault systems are a form of social welfare and not accident law systems, and that under these systems serious deprivation – and to a lesser extent causal responsibility – should be conditions of eligibility to claim benefits. (shrink)

Joanna Mary Firth and Jonathan Quong argue that both an instrumental account of liability to defensive harm, according to which an aggressor can only be liable to defensive harms that are necessary to avert the threat he poses, and a purely noninstrumental account which completely jettisons the necessity condition, lead to very counterintuitive implications. To remedy this situation, they offer a “pluralist” account and base it on a distinction between “agency rights” and a “humanitarian right.” I argue, first, that (...) this distinction is spurious; second, that the conclusions they draw from this distinction do not cohere with its premises; third, that even if one granted the distinction, Firth’s and Quong’s implicit premise that you can forfeit your agency rights but not your “humanitarian right” is unwarranted; fourth, that their attempt to mitigate the counterintuitive implications of their own account in the Rape case relies on mistaken ad-hoc assumptions; fifth, that even if they were successful in somewhat mitigating said counterintuitive implications, they would still not be able to entirely avoid them; and sixth, that even in the unlikely case that none of these previous five critical points are correct, Firth and Quong still fail to establish that aggressors can be liable to unnecessary defensive harm since they fail to establish that unnecessary harm can ever be defensive in the first place. (shrink)

The worldwide integration of capital markets continues to make progress and has resulted in both issuers and investors being active in various markets on both sides of the Atlantic. In times of financial crisis, this brings one question to the centre of attention which has not been discussed exhaustively before: in the situation of securities liability to investors in an international context, which is the applicable law to the liability claim? The harmonization of private international law rules in (...) Europe gives rise to new reflections on the problem of international issuer liability. In the United States, on the other hand, the Supreme Court has just ruled for the first time on matters relating to the international application of the US securities regulation, thereby overruling the settled case law of decades. This paper understands the role of issuer liability in a broader context as a ‘corporate governance’ device, and from this starting point, develops a new approach to the legal problem of cross-border securities liability. (shrink)

There are two types of responsibilities of civil service enshrined in the Law of the Republic of Lithuania on the Civil Service – disciplinary and material liability. Disciplinary liability is the structural part of the Lithuanian civil service. It directly impacts the frame of the civil service, improves the image and gives people’s trust. That is the main reason to analyse the legal base and the practical application of the disciplinary liability in analytical-critical way. The article deals (...) with the theoretical and practical aspects of the responsibility of civil servants. This article also covers the peculiarities of the concept of disciplinary liability in order to reveal the procedural grounds of application of this kind of liability and the consequences for the status of a civil servant. The authors also analyse practical situations of demarcation between disciplinary and administrative liabilities. One part of the article is devoted to the analysis of procedural application of the disciplinary liability issues. The main goal of the article is to discuss problematic aspects of executing stage. The authors of the article come to the conclusion that there are two types of civil servant liabilities laid down in the Law – disciplinary and material liability. Taking into account the results of the analysis, it must be stated that the same things are defined differently in the legal acts. Disciplinary liability must be applied to civil servants and to public officers, whereas other kinds of liability must be applied to persons working on the basis of contracts. Moreover, the authors of the article draw the conclusion that the procedural mistakes made while applying disciplinary liability cannot fully eliminate the results of punishment. Here it must be clarified whether the rights of a civil servant were not restricted and whether the impartiality of the disciplinary inspection was guaranteed. That kind of analysis of procedural mistakes allows us estimating their status and the ultimate impact on the legality of disciplinary liability. (shrink)

The greatest wish of the Baeda l people, or South Koreans, living in the Korean Peninsula is the unification of Korea. However, even when it has been 70 years since the outbreak of the Korean War, the two Koreas that used to be one nation are still in conflict. There have been many discourses on unification over the past 70 years, but these discourses still fail to create clear rules and a framework for unification. Discourses from the perspective of biblical (...) theology offer insight regarding the problems at stake as well as alternatives, but they do not offer perspectives on a definite solution. This article, in line with its statement on biblical theology, does not pretend to contribute to a clear-cut solution to meet the challenge of Korea’s unification. Rather, this article intends to contribute to the formation of an emotional consensus that can contribute to the unification of Korea by looking at the teachings about peace in the Gospel of Matthew. The article explores whether the notion of embracement, forgiveness and love written during the conflict between the Matthean community and Formative Judaism can be applied to help create an emotional bond between the two Koreas. The terms embracement, forgiveness and love found in the Gospel of Matthew are upheld as symbolising peace derived from opposition and conflict. Jesus taught us to overcome situations of opposition and conflict through embracement, forgiveness and love.Contribution: The purpose and contribution of this article was to discuss if the notions of embracement, forgiveness and love found in the Gospel of Matthew can be helpful for the emotional preparation of the peaceful unification of the Korean Peninsula by comparing the situations reflected in the Gospel of Matthew and that of the Korean Peninsula. (shrink)

Reporting systems based on mobile technologies and feedback from regular citizens are becoming increasingly popular, especially as far as protection of environmental and cultural heritage is concerned. Reporting life-threatening situations, such as sudden natural disasters or traffic accidents, belongs to the same class of problems and could be aided by IT systems of a similar architecture. Designing and developing systems for reporting life-threatening situations is not a trivial task, requiring close cooperation between software developers and experts in different (...) domains, who could possibly find industrially recognized languages and notations difficult. Thus, the question is whether using simplified graphical domain-specific languages (SGDSLs) could help in creating a common communication platform. It has been revealed that domain experts have a preference for such languages as they offer good learnability, readability and ability to focus on the idea of application. The perspective of developers (technical persons) is introduced on the basis of feedback obtained from 84 students of Computer Science at the Lublin University of Technology, who attended comprehensive workshops followed by an anonymous survey. All participants received theoretical and practical training in modeling mobile software using the same set of languages as domain experts. An analysis of the results revealed that opinions expressed by technical and nontechnical persons concerning SGDSLs oriented on defining a flow of actions is consistent. Most respondents claimed that such languages might be valuable as tools for creating a common communication platform. (shrink)

Even among those who find lethal defense against non-responsible threats, innocent aggressors, or justified aggressors justified even in one to one cases, there is a debate as to what the best explanation of this permissibility is. The contenders in this debate are the liability account, which holds that the non-responsible or justified human targets of the defensive measures are liable to attack, and the justified infringement account, which claims that the targets retain their right not to be attacked but (...) may be attacked anyway, even in one to one situations. Given that we normally think that rights are trumps, this latter claim is counter-intuitive and rather surprising, and therefore in need of justification and explanation. So far only Jonathan Quong has actually tried to provide an explanation; however, I will argue that his explanation fails and that Quong’s own account of liability is misguided. I then address Helen Frowe’s critique of the liability account. She makes the important concession that the tactical bomber has to compensate his victims, but she tries to block the conclusion that he must therefore be liable. I will demonstrate that her attempt to explain away liability fails once that concession is made. (shrink)

Tort law and liability insurance have a complex interaction in which each shapes the evolution and effects of the other. This interaction and its many forms and facets in different international contexts must be comprehended to understand fully the ethical responsibilities of liability insurers. This essay builds on previous scholarship on the tort law–liability insurance interaction through a series of observations from the perspective of a global reinsurer. It seeks in part to extend previous analyses of this (...) interaction by also considering issues in the developing world. It seeks to make some normative questions and stances explicit concerning this interaction, as well as to identify some empirical questions that still need to be answered. The responsibility of liability insurers includes ethically shaping the responsibility of others in interaction with tort law in countless diverse situations. (shrink)

In this article, I consider Duns Scotus’s treatment of accidents existing without substances (= homeless accidents) in the Eucharist to shed light on how he thinks Aristotle’s metaphysics should be modified to make room for miracles. In my reconstruction, Duns Scotus makes two changes to Aristotle’s metaphysics. First, he distinguishes a given thing’s natural inclinations (its “aptitudes”) from the manifestations of those inclinations. Second, he argues that it is up to God’s free decisions (organized in systematic policies) whether a thing’s (...) aptitudes manifest or do not manifest themselves in any given situation. In this way, Duns Scotus tries to find a point of equilibrium between the necessary causal order he attributes to Aristotle and his followers on the one hand, and God’s freedom to break the natural order at any moment on the other hand. (shrink)

In the past 20 years, the concept of instinct has been discussed in respect to various disciplines such as evolutionary biology, evolutionary psychology, linguistics, ethics, aesthetics, and phenomenology, etc. However, the meaning of instinct still remains unclarified in many respects. In order to overcome this situation, it is necessary to elucidate the genuine meaning of instinct so that the discussion of instinct in these disciplines can be carried out systematically. The objective of this paper is to establish the genuine concept (...) of instinct on the basis of a phenomenological criticism of A. Gehlen’s theory of instinct-reduction. Moreover, it seeks to show that this concept is the genetic origin of the embodied consciousness. According to Gehlen, instinct is defined as Instinkthandlung. However, this definition of instinct is problematic in the formal logical sense, since the definiendum is already included in the definiens. Moreover, it faces different kinds of serious material problems. Criticizing Gehlen’s theory of instinct systematically, I will show that instinct should be redefined as “the innate living force that urges a species of living being to pursue a certain kind of object,” and I will attempt to clarify this definition of instinct in a more detailed manner by offering 11 points. Thereafter, I will argue that Gehlen’s theory of instinct-reduction has to be replaced by the theory of instinct-enlargement in human beings. Finally, I will point out that the genuine concept of instinct is nothing other than the genetic origin of the embodied consciousness. (shrink)

Shareholders of corporations have their liability for actions of the corporation limited by law. Unlike the equity holder in a partnership or proprietorship, the assets that a shareholder has distinct from her holdings in the enterprise can not be taken to satisfy liabilities arising from actions of the enterprise itself. This paper argues that a reasonable principle of fairness argues for an alternative to limited liability, proportional liability. Proportional liability makes a shareholder liable for the same (...) proportion of a corporation''s excess of liabilities over assets that her number of shares bears to the total number of shares outstanding. The key idea is that it is unfair in situations in which explicit agreements can not be reached for shareholders to bear only limited risk when they may receive gains from stock dividends and appreciation that are not limited to any pre-determined amount. Proportional liability has not been much examined in the financial literature. Good utilitarian arguments have been given for limited liability over unlimited liability for corporate shareholders, but these arguments do not clearly support the choice of limited liability over proportional liability. (shrink)

The ethics of autonomous vehicles has received a great amount of attention in recent years, specifically in regard to their decisional policies in accident situations in which human harm is a likely consequence. Starting from the assumption that human harm is unavoidable, many authors have developed differing accounts of what morality requires in these situations. In this article, a strategy for AV decision-making is proposed, the Ethical Valence Theory, which paints AV decision-making as a type of claim (...) mitigation: different road users hold different moral claims on the vehicle’s behavior, and the vehicle must mitigate these claims as it makes decisions about its environment. Using the context of autonomous vehicles, the harm produced by an action and the uncertainties connected to it are quantified and accounted for through deliberation, resulting in an ethical implementation coherent with reality. The goal of this approach is not to define how moral theory requires vehicles to behave, but rather to provide a computational approach that is flexible enough to accommodate a number of ‘moral positions’ concerning what morality demands and what road users may expect, offering an evaluation tool for the social acceptability of an autonomous vehicle’s ethical decision making. (shrink)

To achieve more cost-effective deterrence of unreasonable risktaking through civil liability, I propose and demonstrate previously unrecognized benefits of using simple random sampling to resolve multiple claims against a business or government defendant in the aggregate. I show that counter to intuition and prevailing assumptions and practice, simple sampling will enhance, not compromise, deterrent results regardless of the number of claims and the variety and significance of differences among them. Indeed, it can be used to resolve multiple claims that (...) bear no resemblance to one another except for targeting the same defendant. The proposal can thus be employed to increase the efficiency of resolving relatively similar claims in class and consolidated actions and, by extending the application of such collectivizing processes, lower the cost of resolving all other claims that would be adjudicated as separate actions. I close by sketching a design for a reformed civil liability system that fully integrates and exploits the law enforcement benefits of sampling to better achieve the primary social objectives of accident risk deterrence and insurance. (shrink)

Experiments using a preferential looking method, a perceptual judgment method, and a predictive judgment method investigated the development, from 7 months to 6 years of age, of sensitivity to the effects of gravity and inertia on inanimate object motion. The experiments focused on a situation in which a ball rolled off a flat surface and either continued in linear motion (contrary to gravity), turned abruptly and moved downward (contrary to inertia), or underwent natural, parabolic motion. When children viewed the three (...) fully visible motions, both the preferential looking method and the perceptual judgment method provided evidence that sensitivity to inertia developed between 7 months and 2 years, and that sensitivity to gravity began to develop after 3 years. When children predicted the future location of the object without viewing the motions, the predictive judgment method provided evidence that sensitivity to gravity had developed by 2 years, whereas sensitivity to inertia began to develop only at 5±6 years. These findings suggest that knowledge of object motion develops slowly over childhood, in a piecemeal fashion. Moreover, the same system of knowledge appears to be tapped both in preferential looking tasks and in judgment tasks when children view fully visible events, but a different system may underlie children's inferences about unseen object motions. (shrink)

The severe accident at the Fukushima-Daiichi nuclear power plant caused by the March 11 Great East Japan Earthquake in 2011 was a typical disaster in the age of “trans-science,” which means the situation that science and politics are closely connected and inseparable. The stage of trans-science requires a philosophy of trans-science instead of a philosophy of science such as logical positivism. I would like to characterize norms for techno-scientists in the risk society as RISK, which includes Regulatory deliberation, Intergenerational (...) ethics, Social accountability and Knowledge-product liability. (shrink)

Although fairness is a key moral trait, limited research focuses on participants' observed fairness behavior because moral traits are generally measured through self-report. This experiment focused on day-to-day interpersonal fairness rather than impersonal justice, and fairness was assessed as observed behavior. The experiment investigated whether a self-reported fairness trait would moderate a situational influence on observed fairness behavior, such that individuals with a stronger fairness trait would be less affected by a situational influence than those with a weaker fairness trait. (...) We used an iterated resource game in which participants could withdraw resources as they chose, and we manipulated the number of resources bogus players withdrew. The number of resources participants withdrew was the behavioral measure of fairness. Results confirmed the expected moderation of the unfairness manipulation by a fairness trait on observed behavior. Those reporting a stronger fairness trait were unaffected by the manipulation, whereas those reporting a weaker fairness trait were more strongly influenced. (shrink)

Technology has made argumentation rampant. We can argue whenever we want. With social media venues for every interest, we can also argue about whatever we want. To some extent, we can select our opponents and audiences to argue with whomever we want. And we can argue however we want, whether in carefully reasoned, article-length expositions, real-time exchanges, or 140-character polemics. The concepts of arguing, arguing well, and even being an arguer have evolved with this new multiplicity and diversity; theory needs (...) to catch up to the new reality. Successful strategies for traditional contexts may be counterproductive in new ones; classical argumentative virtues may be liabilities in new situations. There are new complications to the theorist’s standard questions—What is an argument? and Who is an arguer?—while new ones move into the spotlight—Should we argue at all? and If so, why? Agent-based virtue argumentation theory provides a unifying framework for this radical plurality by coordinated redefinitions of the concepts of good arguers and good arguments. It remains true that good arguers contribute to good arguments, and good arguments satisfy good arguers, but the new diversity strains the old unity. Ironically, a unifying factor is provided by examining those paragons of bad arguers, argument trolls whose contributions to arguments are not very good, not really contributions, and, ultimately, not genuine argumentation. (shrink)

Jeff McMahan has argued against the moral equivalence of combatants (MEC) by developing a liability-based account of killing in warfare. On this account, a combatant is morally liable to be killed only if doing so is an effective means of reducing or eliminating an unjust threat to which that combatant is contributing. Since combatants fighting for a just cause generally do not contribute to unjust threats, they are not morally liable to be killed; thus MEC is mistaken. The problem, (...) however, is that many unjust combatants contribute very little to the war in which they participate—often no more than the typical civilian. Thus either the typical civilian is morally liable to be killed, or many unjust combatants are not morally liable to be killed. That is, the liability based account seems to force us to choose between a version of pacifism, and total war. Seth Lazar has called this “The Responsibility Dilemma”. But I will argue that we can salvage a liability-based account of war—one which rejects MEC—by grounding the moral liability of unjust combatants not only in their individual contributions but also in their complicit participation in that war. On this view, all enlistees, regardless of the degree to which they contribute to an unjust war, are complicitously liable to be killed if it is necessary to avert an unjust threat posed by their side. This collectivized liability based account I develop avoids the Responsibility Dilemma unlike individualized liability-based accounts of the sort developed by McMahan. (shrink)

Drawing on Brown and Fraser’s (in: Giles, Scherer (eds) Social markers in speech, Cambridge University Press, Cambridge, pp 33–62, 1979) framework for the analysis of communicative situations and Fuentes Rodríguez’s (Lingüística pragmática y Análisis del discurso, Arco Libros, Madrid, 2000; in Estudios de Lingüística: Investigaciones lingüísticas en el siglo XXI, 2009. https://doi.org/10.14198/ELUA2009.Anexo3.04 ) model of pragmatic analysis, this paper examines three home-made recordings featuring some of the members of the terrorist cell responsible for the 2017 vehicle-ramming attacks in Barcelona (...) and Cambrils weighted as evidence during the trial held between November 2020 and May 2021 in the Spanish National High Court. The aim of this qualitative analysis is to test whether the linguistic evidence available supports the allegation that the participation in these recordings by one of the accused, Mohamed Houli Chemlal, had been planned by his interlocutors. Results show, first, that the exchanges analyzed present features indicative of both spontaneity and (limited) planification. Second, that Houli makes key contributions to the unfolding of the interactions shown in the recordings and that he does so in a cooperative and apparently relaxed manner, which could at best provide only partial support to his allegations. It is claimed that forensic linguistic analysis can generate valuable insights within terrorism-related legal proceedings. (shrink)