The use of artificial intelligence (AI) to aid legal decision making has become prominent. This paper investigates the use of AI in a critical issue in employment law, the determination of a worker’s status—employee vs. independent contractor—in two common law countries (the U.S. and Canada). This legal question has been a contentious labor issue insofar as independent contractors are not eligible for the same benefits as employees. It has become an important societal issue due to the ubiquity of the gig (...) economy and the recent disruptions in employment arrangements. To address this problem, we collected, annotated, and structured the data for all Canadian and Californian court cases related to this legal question between 2002 and 2021, resulting in 538 Canadian cases and 217 U.S. cases. In contrast to legal literature focusing on complex and correlated characteristics of the employment relationship, our statistical analyses of the data show very strong correlations between the worker’s status and a small subset of quantifiable characteristics of the employment relationship. In fact, despite the variety of situations in the case law, we show that simple, off-the-shelf AI models classify the cases with an out-of-sample accuracy of more than 90%. Interestingly, the analysis of misclassified cases reveals consistent misclassification patterns by most algorithms. Legal analyses of these cases led us to identify how equity is ensured by judges in ambiguous situations. Finally, our findings have practical implications for access to legal advice and justice. We deployed our AI model via the open-access platform, https://MyOpenCourt.org/, to help users answer employment legal questions. This platform has already assisted many Canadian users, and we hope it will help democratize access to legal advice to large crowds. (shrink)

This work aims to defines the question Is there a human nature? It argues that we know our nature only when it is recognized by our culture and that the liberal democratic idea of the state both celebrates and threatens the notion of fundamental human equality.

In an ideal democracy, people from all walks of life would come together to talk meaningfully and respectfully about politics. But we do not live in an ideal democracy. In contemporary democracies, which are marked by deep social divisions, different groups for the most part avoid talking to each other. And when they do talk to each other, their speech often seems to be little more than a vehicle for rage, hatred, and deception. -/- Democratic Speech in Divided Times argues (...) that we should nevertheless not give up on the ideal of democratic public speech. Drawing on the resources of political theory, epistemology, and philosophy of language, this book develops a sustained account of the norms that should govern public discourse in deeply divided circumstances. Should we try to find common ground when we talk to our political opponents, even though they seem unreasonable? Should we refrain from expressing anger, if we want to get things done? How can we use our speech to fight hate speech and disinformation? And is it even possible to speak to 'the other side,' in settings where different groups dislike one another, live apart from one another, and don't know much about one another? By tackling these questions, Lepoutre demonstrates that, when governed by the right set of norms, public speech can be a powerful force for good even amidst profound social divisions. (shrink)

If Christian theology is that enterprise whose essential purpose is to understand the faith of the Christian Church, then it must approach that faith from the perspective not only of its transcendent source, but also as a human achievement, a creative interpretation of those events in which transcendent reality discloses itself for appropriation. Few theologians would deny that theology has to do primarily with the ways in which ultimate reality becomes manifest in human beings' faithful responses, in belief and trust, (...) to its self-disclosures, preparatory and decisive. But the implications of such a view are not always confronted straightforwardly, especially for the suitable normative principles by which theology must assess the adequacy of the church's expressions of its faith. This essay seeks to probe how an account of the Christian faith could proceed whose norm derives not from the revelatory source of faith but from the dynamic of human creativity within which alone faith's source, in being interpreted, becomes clear, cogent, and decisive for conscious existence. (shrink)

Aboriginal peoples are forever explaining themselves to non-Aboriginal people: telling their stories, explaining their beliefs and ceremonies, and introducing ideas that have never crossed the non-Aboriginal mind. Western knowledge operates from a linear, singular view; it views the world from order beneath chaos; it is very noun oriented; knowledge is about oneself in relation to everything else in a relativistic sense. Aboriginal knowledge has a very different “coming to know.” It is holistic and cyclical; it views the world from chaos (...) underneath order; its languages are process and action oriented. Knowledge is about participation in and with the natural world. (shrink)

Faced with hate speech, oppressed groups can use their own speech to respond to their verbal oppressors. This “counterspeech,” however, sometimes itself takes on a hateful form. This paper explores the moral standing of such “hateful counterspeech.” Is there a fundamental moral asymmetry between hateful counterspeech, and the hateful utterances of dominant or oppressive groups? Or are claims that such an asymmetry exists indefensible? I argue for an intermediate position. There _is_ a key moral asymmetry between these two forms of (...) speech. But, this asymmetry notwithstanding, hateful counterspeech is capable of enacting serious harms—and so, contrary to what many legal theorists have argued, it is in principle an appropriate object of legal regulation. I begin by considering the central argument for thinking that hateful counterspeech is not seriously troubling. This argument holds that oppressed groups lack authority—and, by extension, “speaker power.” Yet this argument, I suggest, sits in tension with the fact that low-status members of dominant groups can, through their utterances, seriously harm members of oppressed groups. Philosophers of language have developed sophisticated arguments to explain this last phenomenon: they have argued that speaker power is relativised to particular jurisdictions; that it can be acquired dynamically in local settings; and that it is socially dispersed. I argue that, in light of these arguments, it appears that hateful counterspeech, too, can generate serious harms. Nevertheless, I show that this conclusion is compatible with recognising a crucial moral asymmetry between hateful counterspeech and the hate speech of oppressors. (shrink)

An empirical exploration of the effects on legislative structure, distribution of influence, power, and decision outcomes, of recent changes in the Congress and state legislatures. The book focuses on changes in rules, parties, and committees and the impact or lack of impact of these changes on subsequent activity. Originally published in 1978 by D.C. Heath and Company. Co-published with the Policy Studies Organization.

Counterspeech is communication that tries to counteract potential harm brought about by other speech. Theoretical interest in counterspeech partly derives from a libertarian ideal – as captured in the claim that the solution to bad speech is more speech – and partly from a recognition that well-meaning attempts to counteract harm through speech can easily misfire or backfire. Here we survey recent work on the question of what makes counterspeech effective at remedying or preventing harm, in those cases where it (...) is effective, as well as work investigating when and why there is a duty to engage in counterspeech. We suggest that the most fruitful area for philosophical inquiry on this topic, currently, relates to the questions about efficacy. Specifically, we argue that there is a need for better frameworks for conceptualizing the efficacy of counterspeech. Philosophers have collaborative work to do, alongside social scientists, in developing these frameworks. (shrink)

: In 1998, researchers discovered that embryonic stem cells could be derived from early human embryos. This discovery has raised a series of ethical and public-policy questions that are now being confronted by multiple international organizations, nations, cultures, and religious traditions. This essay surveys policies for human embryonic stem cell research in four regions of the world, reports on the recent debate at the United Nations about one type of such research, and reviews the positions that various religious traditions have (...) adopted regarding this novel type of research. In several instances the religious traditions seem to have influenced the public-policy debates. (shrink)

Anselm's two ‘ontological’ arguments rest upon three fundamental assertions: The idea of God is the idea of a being than which nothing more perfect is conceivable. Whatever exists in the understanding and outside the understanding is more perfect than whatever exists in the understanding alone. Whatever cannot be conceived not to exist is more perfect than whatever can be conceived not to exist.

This article defends the democratic ideal of inclusive public discourse, as articulated in Democratic Speech in Divided Times, against the critiques offered by Billingham, Fraser, and Hannon. Specifically, it considers and responds to three core challenges. The first challenge argues, notably, that the “shared reasons” constraint should either apply everywhere or not at all, and that, if this constraint is to apply in divided circumstances, its justificatory constituency must be idealized. The second challenge contends that the resistance of hate speech (...) and misinformation to counterspeech cannot adequately be explained by considerations of salience, and therefore cannot adequately by countered (as I suggest) by “positive” forms of counterspeech. Finally, the last challenge objects that the ideal of inclusive public discourse I defend remains, as pessimists allege, excessively idealistic. (shrink)

Der vorliegende Sammelband analysiert die diversen Formen einer ideologisch motivierten Instrumentalisierung von Meister Eckharts Mystik in der Zeit des Nationalsozialismus und bietet darüber hinaus auch ganz neues, bislang noch unveröffentlichtes Quellenmaterial zu den institutionellen Hintergründen der Eckhart-Rezeption im Dritten Reich. This volume analyses the various forms of ideological instrumentalization Meister Eckhart’s mysticism has been subject to during the era of National Socialism. Furthermore, the volume includes hitherto unpublished source material concerning the institutional background of Eckhart’s reception in the Third Reich.

This book proposes an alternative to the consent model which is currently at the heart of patient self-determination and which is shown here to have fundamental flaws that constrain its effectiveness. The proposed model is a property model in which the patient’s bodily integrity is protected from unauthorised invasion, and their legitimate expectation to be provided with the relevant information to make an informed decision is taken to be a proprietary right. This model enables the courts to overcome the requirement (...) to prove causation in consent cases and offers a complementary approach to patient self-determination. (shrink)