Within the political economy of informational capitalism, commercial surveillance practices are tools for resource extraction. That process requires an enabling legal construct, which this essay identifies and explores. Contemporary practices of personal information processing constitute a new type of public domain—a repository of raw materials that are there for the taking and that are framed as inputs to particular types of productive activity. As a legal construct, the biopolitical public domain shapes practices of appropriation and use of personal information in (...) two complementary and interrelated ways. First, it constitutes personal information as available and potentially valuable: as a pool of materials that may be freely appropriated as inputs to economic production. That framing supports the reorganization of sociotechnical activity in ways directed toward extraction and appropriation. Second, the biopolitical public domain constitutes the personal information harvested within networked information environments as raw. That framing creates the backdrop for culturally situated techniques of knowledge production and for the logic that designates those techniques as sites of legal privilege. (shrink)

The problem of theorizing privacy moves on two levels, the first consisting of an inadequate conceptual vocabulary and the second consisting of an inadequate institutional grammar. Privacy rights are supposed to protect individual subjects, and so conventional ways of understanding privacy are subject-centered, but subject-centered approaches to theorizing privacy also wrestle with deeply embedded contradictions. And privacy’s most enduring institutional failure modes flow from its insistence on placing the individual and individualized control at the center. Strategies for rescuing privacy from (...) irrelevance involve inverting both established ways of talking about privacy rights and established conventions for designing institutions to protect them. In terms of theory, turning privacy inside out entails focusing on the conditions that are needed to produce sufficiently private and privacy-valuing subjects. Institutionally, turning privacy inside out entails focusing on the design, production, and operational practices most likely to instantiate and preserve those conditions. (shrink)

This volume addresses a wide variety of moral concerns regarding slavery as an institutionalized social practice. By considering the slave's critical appropriation of the natural rights doctrine, the ambiguous implications of various notions of consent and liberty are examined. The authors assume that, although slavery is undoubtedly an evil social practice, its moral assessment stands in need of a more nuanced treatment. They address the question of what is wrong with slavery by critically examining, and in some cases endorsing, certain (...) principles derived from communitarianism, paternalism, utilitarianism, and jurisprudence. (shrink)

Within the political economy of informational capitalism, commercial surveillance practices are tools for resource extraction. That process requires an enabling legal construct, which this essay identifies and explores. Contemporary practices of personal information processing constitute a new type of public domain—a repository of raw materials that are there for the taking and that are framed as inputs to particular types of productive activity. As a legal construct, the biopolitical public domain shapes practices of appropriation and use of personal information in (...) two complementary and interrelated ways. First, it constitutes personal information as available and potentially valuable: as a pool of materials that may be freely appropriated as inputs to economic production. That framing supports the reorganization of sociotechnical activity in ways directed toward extraction and appropriation. Second, the biopolitical public domain constitutes the personal information harvested within networked information environments as raw. That framing creates the backdrop for culturally situated techniques of knowledge production and for the logic that designates those techniques as sites of legal privilege. (shrink)

This Article examines the regulatory state through the lens of evolving political economy, arguing that a significant reconstruction is now underway. The ongoing shift from an industrial mode of development to an informational one has created existential challenges for regulatory models and constructs developed in the context of the industrial economy. Contemporary contests over the substance of regulatory mandates and the shape of regulatory institutions are most usefully understood as moves within a larger struggle to chart a new direction for (...) the regulatory state in the era of informational capitalism. A regulatory state optimized for the information economy must develop rubrics for responding to three problems that have confounded existing regulatory regimes: platform power — the power to link facially separate markets and/or to constrain participation in markets by using technical protocols; infoglut — unmanageably voluminous, mediated information flows that create information overload; and systemic threat — nascent, probabilistically-defined harm to be realized at some point in the future. Additionally, it must develop institutions capable of exercising effective oversight of informationera activities. The information-era regulatory models that have begun to emerge are procedurally informal, mediated by networks of professional and technical expertise that define relevant standards, and financialized. Such models, however, also have tended to be both opaque to external observation and highly prone to capture. New institutional forms that might ensure their legal and political accountability have been slow to develop. (shrink)

In civil libertarian discourse, the inverse relationship between government secrecy and privacy is well recognized and widely acknowledged - so widely, in fact, that it can come to seem as though we might regain sufficient privacy simply by cabining official secrecy. But regimes of secrecy that insulate private-sector data processing practices also contribute materially to the decline of privacy, and indeed play a vital role in facilitating government efforts to make citizens' lives transparent. In addition, there is an inverse relationship (...) between openness and privacy that we are inclined to resist discussing. When, for example, a government agency posts on its website documents containing private information about individual citizens, or when a social networking service establishes default rules for transmitting information from member pages to commercial partners, openness contributes materially to the exposure that people experience. Our public discourse about information policy reinforces the devaluation of privacy in two opposite but mutually-reinforcing ways, by valorizing political economies organized around secrecy and by elevating openness as an ultimate good. The shelter that privacy affords for self-development is essential to a healthy democracy. It is therefore important to interrogate both our regimes of secrecy and our discourses about openness. (shrink)

A virtue account is focused on the character of those who argue. It is frequently assumed, however, that virtues are not action guiding, since they describe how to be and so fail to give us specific actions to take in a sticky situation. In terms of argumentation, we might say that being a charitable arguer is virtuous, but knowing so provides no details about how to argue successfully. To close this gap, I develop a parallel with the thick-thin distinction from (...) ethics and use Hursthouse’s notion of “v-rules”. I also draw heavily from the work in argumentation by Daniel Cohen to develop Wayne Brockriede’s notion of arguing lovingly. But “argue lovingly” has a delicious ambiguity. For Brockriede it describes how we engage with others arguers. It can also mean, however, a loving attachment to knowledge, understanding, and truth. Applying the thick-thin distinction to argumentation in general and loving argumentation in particular shows that a virtue theoretic approach to argumentation is valuable for two reasons: it can provide one articulation of what it means to be a virtuous arguer and provide some insights into how to become one. (shrink)

Industries of production and scientific research rely on the use of nonhuman animals and plants, remaking environments, populations, and even genetic information to suit human designs. This issue of _Social Text_ considers the radical implications of questioning the exceptional status of humans among the planet’s species. Responding to growing interest in animal studies and posthumanism, the contributors draw on racial, feminist, queer, postcolonial, and disability theories to probe the diversity of human relationships with other forms of biosocial life. “Interspecies” queries (...) the politics of traditional species taxonomy and examines the ways humans use the material characteristics of other species to pursue their economic, political, and social aims. This collection goes beyond companionate species to examine less charismatic life forms: viruses, vermin, transgenic pigs, and commodified plants. Bringing together prominent scholars and artists from a range of fields, the issue examines the histories of species collection and display. In the context of current public health challenges, including the swine flu epidemic and the scarcity of donor organs, the contributors explore the limits of transgressing species boundaries that arise when human bodies contain other species, such as viruses or transplanted organs from genetically customized pigs. “Interspecies” analyzes the use of nonhuman species in the biopolitics of warfare and torture and examines how interspecies relationships shape conditions of colonialism, imprisonment, and violence. The issue also complicates romanticized narratives of human/nonhuman animal dynamics without resorting to oversimplified portrayals of human exploitation of animal and plant life. _Julie Livingston _is Associate Professor of History at Rutgers University. _Jasbir Puar _is Associate Professor of Women’s and Gender Studies at Rutgers University. She is the author of _Terrorist Assemblages: Homonationalism in Queer Times_. _Contributors: _Neel Ahuja, Suzanne Anker, Ed Cohen, James Delbourgo, Sarah Franklin, Carla Freccero, Alphonso Lingis, Julie Livingston, Chakanetsa Clapperton Mavhunga, Jasbir Puar, Kingsley Rothwell, Lesley Sharp. (shrink)

Tribute to Jean-Yves Jaffray by the French Group of Decision Theory.

International Journal of Philosophical Studies, Volume 20, Issue 3, Page 315-317, July 2012.

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 11.4 (2001) 391-400 [Access article in PDF] Bioethics Inside the Beltway A Shooting on Capitol Hill: "The Ruby Satellite System," Mental Illness, and Failure of the American Legal System Peter J. Cohen On 24 July 1998, Russell Eugene Weston, Jr., stormed the United States Capitol, forced his way through a security checkpoint, bypassed a metal detector, and entered the office complex of Representative (...) Tom DeLay (R-TX), the House Majority Whip (Weil 1998). During this period of terror, he shot and killed two officers of the Capitol Police and seriously wounded another as they attempted to end his foray. 1 Weston was severely wounded by several Capital police officers and taken into custody. After being treated for his injuries, he was incarcerated in the District of Columbia. 2On 5 May 1999, Weston was transferred to the Federal Correctional Institute in Butner, North Carolina (United States v. Weston, 69 F. Supp. 2d 99 (D.D.C. 1999), 103), where he remains to this day. He has neither been brought to trial nor received appropriate psychiatric therapy, but continues to be warehoused "in solitary confinement under constant observation... in a psychotic state (United States v. Weston, 255 F.3d 873; LEXIS 16851 (U.S. App. 2001b), 3-4 [LEXIS]). I will briefly detail the legal events responsible for this mad situation and suggest alternative actions that should have been taken at the very onset of the case. Early Chronology Although overtly the crime appeared to be senseless and without any conceivable motivation, Weston believed that his acts were justified and necessary. The story he told to the court-appointed forensic psychiatrist, Sally C. Johnson, M.D., 3 was that while working for NASA in the early 1980s, he had developed a "Ruby Satellite System," a powerful machine that could reverse time. With access to this system, nothing was permanent--the user could simply reverse time and exit from the current scene. However, the "System" was now controlled by cannibals who were developing and spreading "Black Heva," the deadliest disease known to [End Page 391] humankind, similar to HIV or the plague. It resulted from human corpses rotting and turning black. Time was running out, and Weston believed he had to return to override the "Ruby Satellite System" in the Capitol so that he could stem the spread of "Black Heva" and prevent world calamity. He believed that if he were tried, convicted, and even executed, he could simply time reverse himself, place himself in a safe within the Capitol, and subsequently resume his life at whatever point he chose (United States v. Weston, 206 F.3d 9 (D.C. Cir. 2000), 19-20).On 22 April 1999, the district court accepted Dr. Johnson's diagnosis that Weston suffered from paranoid schizophrenia, the symptoms of which were so severe that he would be incapable of understanding the proceedings against him and of assisting in his own defense. On this basis, the court had no difficulty in finding him incompetent to stand trial (U.S. v. Weston 1999, 102).At Weston's initial hearing, Dr. Johnson had testified that medication would be efficacious in treating Weston's delusions: [T]he standard of care in someone suffering from this type of symptom picture would be to treat them with medication.... [T]here is a good likelihood that he'll have a positive response, positive in the sense that his symptoms will diminish in response to treatment.... The potential benefits to treating the defendant far outweigh the risks.... (U.S. v. Weston 1999, 108) The defense presented no expert testimony refuting Dr. Johnson's presentation. The district court then ordered that Weston begin receiving medication in order to render him nondangerous and competent for trial (U.S. v. Weston 1999, 108-9). The Problem Weston refused to be medicated! 4 He has continued to claim that the administration of antipsychotic drugs against his will would violate his Fifth Amendment due process liberty interest in avoiding unwanted bodily intrusion and implicated... (shrink)

In July 2011, the ACGME implemented new rules that limit interns to 16 hours of work in a row, but continue to allow 2nd-year and higher resident physicians to work for up to 28 consecutive hours. Whether the ACGME's 2011 work hour limits went too far or did not go far enough has been hotly debated. In this article, we do not seek to re-open the debate about whether these standards get matters exactly right. Instead, we wish to address the (...) issue of effective enforcement. That is, now that new work hour limits have been established, and given that the ACGME has been unable to enforce work hour limits effectively on its own, what is the best way to make sure the new limits are followed in order to reduce harm to residents, patients, and others due to sleep-deprived residents? We focus on three possible national approaches to the problem, one rooted in funding, one rooted in disclosure, and one rooted in tort law. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 585-586, July 2022. Ayelet Shachar's lead essay in The Shifting Border draws out dramatic transformations of bordering practices currently taking place worldwide. These have yielded spatial relocations for bordering, a privatization of enforcement, and legal innovations that tie the border to individual people as they move, among many other changes. Shachar argues in favor of a form of reciprocity, in which states that shape shift their borders are also compelled to (...) recognize rights for people who require humanitarian assistance. In response, Shachar's interlocutors offer an array of reflections and friendly amendments. (shrink)

On July 12, 2006, the Hezbollah terrorist organization attacked two Israeli Defense Forces' armored Hummer jeeps patrolling along the border with gunfire and explosives, in the midst of massive shelling attacks on Israel's north. Three soldiers were killed in the attack and two were taken hostage. The Israeli Defence Forces (IDF) began heavy artillery and tank fire. Prime Minister Ehud Olmert convened the government on Wednesday night, June 12, 2006 to decide Israel's reaction. The government agreed that the attack had (...) created a completely new situation on the northern border, and that Israel must take steps that will "exact a price", and restore its deterrence. The Israeli-Hezbollah War had started after one rushed and short governmental meeting, without realizing the full implications of the decision. The war ended on August 14, 2006 when the UN Security Council Resolution (no. 1701) entered into force. During the war, voices of protest were heard in Israel, mainly from reserve service soldiers, journalists, and distinguished writers. After the war, thousands of people have criticized the government decisions, demanded the establishment of a national inquiry committee to investigate the war events and, called for the resignation of the war architects: Prime Minister Ehud Olmert, Minister of Defence Amir Peretz, and Chief of Staff Dan Halutz. This article criticizes the establishment of the committee and the results it reached, arguing that it was a "sold game": The person under investigation should never be allowed to nominate his judges. This is mockery of justice, and travesty of social responsibility. (shrink)

Objectives To evaluate whether the requirement of “minimal risk and burden” for paediatric research without direct benefit to the subjects compromises the ability to obtain data necessary for improving paediatric care. To provide evidence-based reflections on the EU recommendation that allows for a higher level of risk. Design and setting Systematic analysis of the approval/rejection decisions made by the Dutch Central Committee on Research involving Human Subjects (CCMO). Review methods The analysis included 165 proposals for paediatric research without direct benefit (...) that were reviewed by the CCMO between January, 2000, and July, 2007. A separate, in-depth analysis of all drug studies included 18 early phase drug studies and nine other drug studies without direct benefit. Results 11 out of 165 studies were definitively rejected because the CCMO did not regard the risk and/or burden to be minimal. In three of these 11 cases (including two early phase drug studies) the requirement of minimal risk and burden was cited as the only reason for rejection. Four other early phase drug studies also involved risks and/or burdens that were not regarded to be minimal but were nevertheless approved. Conclusions The requirement of minimal risk and burden, aiming to protect research subjects, occasionally leads to rejection of protocols. Early phase drug studies relatively often do not comply with the requirement. Committees may find ways to approve important studies that formally should be rejected, but that is not a desirable solution. The regulatory framework should be revised to make such occasional exceptions to the requirement legitimate and transparent. (shrink)

Professor Cohen makes extensive reference to a lecture “Hypotheses relating to the brain-mind problem” which was published in Nature. He gives a succinct account of the suggestions that I put forward, and then goes on to state that they “illustrate two fallacies which are to be found in so many contributions to the study of the body-mind relationship.” Be that as it may, but Professor Cohen has chosen most unsuitable illustrations, for in both cases they are based on (...) misunderstandings of my article. (shrink)

In Mindblindness, Simon Baron-Cohen presents a model of the evolution and development of "mindreading." He argues that we mindread all the time, effortlessly, automatically, and mostly unconsciously. It is the natural way in which we interpret, predict, and participate in social behavior and communication. We ascribe mental states to people: states such as thoughts, desires, knowledge, and intentions. Building on many years of research, Baron-Cohen concludes that children with autism, suffer from "mindblindness" as a result of a selective (...) impairment in mindreading. For these children, the world is essentially devoid of mental things. Baron-Cohen develops a theory that draws on data from comparative psychology, from developmental, and from neuropsychology. He argues that specific neurocognitive mechanisms have evolved that allow us to mindread, to make sense of actions, to interpret gazes as meaningful, and to decode "the language of the eyes." A Bradford Book. (shrink)

We use a new model of metarepresentational development to predict a cognitive deficit which could explain a crucial component of the social impairment in childhood autism. One of the manifestations of a basic metarepresentational capacity is a ‘ theory of mind ’. We have reason to believe that autistic children lack such a ‘ theory ’. If this were so, then they would be unable to impute beliefs to others and to predict their behaviour. This hypothesis was tested using Wimmer (...) and Perner’s puppet play paradigm. Normal children and those with Down’s syndrome were used as controls for a group of autistic children. Even though the mental age of the autistic children was higher than that of the controls, they alone failed to impute beliefs to others. Thus the dysfunction we have postulated and demonstrated is independent of mental retardation and specific to autism. (shrink)

An examination of the controversial "theory of mind" hypothesis, which states that children with autism are unable to comprehend other people's mental states. The theory relates to the most fundamental questions of normal development as well as to autism i.

Why do children with autism have such trouble developing normal social understanding of other people's feelings? This new edition updates the field by linking autism research to the newest methods for studying the brain.

Some interesting exceptions notwithstanding, the traditional logic of economic efficiency has long favored hierarchical forms of organization and disfavored democracy in business. What does the balance of arguments look like, however, when values besides efficient revenue production are brought into the picture? The question is not hypothetical: In recent years, an ever increasing number of corporations have developed and adopted socially responsible behaviors, thereby hybridizing aspects of corporate businesses and social organizations. We argue that the joint pursuit of financial and (...) social objectives warrants significant rethinking of organizational democracy’s merits compared both to hierarchy and to non-democratic alternatives to hierarchy. In making this argument, we draw on an extensive literature review to document the relative lack of substantive discussion of organizational democracy since 1960. And we draw lessons from political theory, suggesting that the success of political democracy in integrating diverse values offers some grounds for asserting parallel virtues in the business case. (shrink)

This article discusses what is involved in having full moral status, as opposed to a lesser degree of moral status and surveys different views of the grounds of moral status as well as the arguments for attributing a particular degree of moral status on the basis of those grounds.

The arc of the moral universe -- Structure, choice, and legitimacy: Locke's theory of the state -- Democratic equality -- A more democratic liberalism -- For a democratic society -- Knowledge, morality and hope: the social thought of Noam Chomsky: with Joel Rogers -- Reflections on Habermas on democracy -- A matter of demolition?: Susan Okin on justice and gender -- Minimalism about human rights: the most we can hope for? -- Is there a human right to democracy? -- Extra (...) republicam nulla justitia?: with Charles Sabel. (shrink)

Deliberation and democratic legitimacy -- Moral pluralism and political consensus -- Associations and democracy (with Joel Rogers) -- Freedom of expression -- Procedure and substance in deliberative democracy -- Directly-deliberative polyarchy (with Charles Sabel) -- Democracy and liberty -- Money, politics, political equality -- Privacy, pluralism, and democracy -- Reflections on deliberative democracy -- Truth and public reason.

A 2011 National Academies of Sciences report called for an “Information Commons” and a “Knowledge Network” to revolutionize biomedical research and clinical care. We interviewed 41 expert stakeholders to examine governance, access, data collection, and privacy in the context of a medical information commons. Stakeholders' attitudes about MICs align with the NAS vision of an Information Commons; however, differences of opinion regarding clinical use and access warrant further research to explore policy and technological solutions.

From the Supreme Court to the bedroom, privacy is an intensely contested interest in our everyday lives and privacy law. Some people appeal to privacy to protect such critical areas as abortion, sexuality, and personal information. Yet, privacy skeptics argue that there is no such thing as a right to privacy. I argue that we cannot abandon the concept of privacy. If we wish to avoid extending this elusive concept to cover too much of our lives or shrinking it to (...) cover too little, we must come to understand it. After exploring the privacy arguments of philosophers and constitutional and tort privacy law, I argue for a new definition of privacy and an explanation of its value that clarifies and resolves many of our conflicts. Privacy is critical because it allows us to protect a realm in which we can have intimate relations with others. (shrink)

We take a fresh look at emotion recognition in autistic children, by testing their recognition of three different emotions (happy, sad, and surprise). The interest in selecting these is that whereas the first two are typical “simple” emotions (caused by situations), the third is typically a “cognitive” emotion (caused by beliefs). Because subjects with autism have clear difficulties in understanding beliefs, we predicted they would show more difficulty in recognising surprise. In contrast, as they have no difficulty in understanding situations (...) as causes of emotion, we predicted they would not show deficits in recognising happy and sad. These predictions were borne out, in a comparison with a group of normal children and in a group of subjects with mental handicap. This result shows the importance of fine-grain analysis in emotion-recognition tasks, and is discussed in relation to affective and theory of mind models of autism. (shrink)