In this article we examine the effectiveness of consent in data protection legislation. We argue that the current legal framework for consent, which has its basis in the idea of autonomous authorisation, does not work in practice. In practice the legal requirements for consent lead to ‘consent desensitisation’, undermining privacy protection and trust in data processing. In particular we argue that stricter legal requirements for giving and obtaining consent as proposed in the European Data protection regulation will further weaken the (...) effectiveness of the consent mechanism. Building on Miller and Wertheimer’s ‘Fair Transaction’ model of consent we will examine alternatives to explicit consent. (shrink)

The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the (...) current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies. (shrink)

The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the (...) current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies. (shrink)

Various philosophers and evolutionary biologists have recently defended the thesis that species are individuals rather than sets. A decade of debates, however, did not suffice to settle the matter. Conceptual analysis shows that many of the key terms involved are ambiguous. Current disagreements should dissolve once this is recognized. Explication of the concepts involved leads to new programs for philosophical research. It could also help biology by showing how extant controversies concerning evolution may have conceptual rather than factual roots.

Apparently factual disagreement on the level at which selection operates often results from different interpretations of the term “selection”. Attempts to resolve terminological problems must come to grips with a dilemma: a narrow interpretation of “selection” may lead to a restricted view on evolution; a broader, less precise, definition may wrongly suggest that “selection” is the centre of a unified, integrated theory of evolution. Different concepts of selection, therefore, should carefully be kept apart.

The inherent normativity of HTA can be conceptualized as a result of normative commitments, a concept that we further specify to encompass moral, epistemological and ontological commitments at play in the practice of HTA. Based on examples from literature, and an analysis of the example of assessing Non-Invasive Prenatal Testing (NIPT), we will show that inevitable normative decisions in conducting an assessment commits the HTA practitioner to moral (regarding what makes a health technology desirable), ontological (regarding which effects of health (...) technology are conceivable), and epistemological (regarding how to obtain reliable information about health technology) norms. This highlights and supports the need for integrating normative analysis and stakeholder participation, providing guidance to HTA practitioners when making normative choices. This will foster a shared understanding between those who conduct, use, or are impacted by assessments regarding what are conceivable and desirable outcomes of using health technology, and how to collect reliable information to assess whether these outcomes are (going to be) realized. It also provides more insight into the implications of different normative choices. (shrink)

Slavoj Zizek ist einer der prominentesten linken Intellektuellen. Der Sammelband lädt ein, Zizeks Ideen kritisch zu diskutieren, insbesondere sein Verständnis von Politik, politischen Organisationen und dem (vergangenen, gegenwärtigen und zukünftigen) Staat.

David Hitchcock and Bart Verheij (eds): Arguing on the Toulmin Model. New Essays in Argument Analysis and Evaluation Content Type Journal Article Pages 1-13 DOI 10.1007/s10503-011-9214-y Authors Lester C. van der Pluijm, University of Amsterdam, Amsterdam, The Netherlands Jacky C. Visser, University of Amsterdam, Amsterdam, The Netherlands Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X.

This is an attempt at reviving Kneale's version of the description theory of names, which says that a proper name is synonymous with a definite description of the form ‘the individual named so-and-so’. To begin with, I adduce a wide range of observations to show that names and overt definites are alike in all relevant respects. I then turn to Kripke's main objection against Kneale's proposal, and endeavour to refute it. In the remainder of the paper I elaborate on Kneale's (...) analysis, adopting a theory of presupposition proposed by van der Sandt. (shrink)

Epistemic logic has grown from its philosophical beginnings to find diverse applications in computer science, and as a means of reasoning about the knowledge and belief of agents. This book provides a broad introduction to the subject, along with many exercises and their solutions. The authors begin by presenting the necessary apparatus from mathematics and logic, including Kripke semantics and the well-known modal logics K, T, S4 and S5. Then they turn to applications in the context of distributed systems and (...) artificial intelligence. These include the notions of common knowledge, distributed knowledge, explicit and implicit belief, the interplays between knowledge and time, and knowledge and action, as well as a graded (or numerical) variant of the epistemic operators. The authors also discuss extensively the problem of logical omniscience. They cover Halpern & Moses' theory of honest formulas, and they make a digression into the realm of nonmonotonic reasoning and preferential entailment. They discuss Moore's autoepistemic logic, together with Levesque's related logic of "all I know". Furthermore, they show how one can base default and counterfactual reasoning on epistemic logic. Graduate students in philosophy or in computer science, especially those with an interest in AI, will find this book useful. (shrink)

Two decades of research on euthanasia in the Netherlands have resulted into clear insights in the frequency and characteristics of euthanasia and other medical end-of-life decisions in the Netherlands. These empirical studies have contributed to the quality of the public debate, and to the regulating and public control of euthanasia and physician-assisted suicide. No slippery slope seems to have occurred. Physicians seem to adhere to the criteria for due care in the large majority of cases. Further, it has been shown (...) that the majority of physicians think that the euthanasia Act has improved their legal certainty and contributes to the carefulness of life-terminating acts. In 2005, eighty percent of the euthanasia cases were reported to the review committees. Thus, the transparency envisaged by the Act still does not extend to all cases. Unreported cases almost all involve the use of opioids, and are not considered to be euthanasia by physicians. More education and debate is needed to disentangle in these situations which acts should be regarded as euthanasia and which should not. Medical end-of-life decision-making is a crucial part of end-of-life care. It should therefore be given continuous attention in health care policy and medical training. Systematic periodic research is crucial for enhancing our understanding of end-of-life care in modern medicine, in which the pursuit of a good quality of dying is nowadays widely recognized as an important goal, in addition to the traditional goals such as curing diseases and prolonging life. (shrink)

This volume unites various contributions reflecting the intellectual interests exhibited by Professor Herman Parret (Institute of Philosophy, Leuven), who has continued to observe, and often critically assess, ongoing developments in pragmatics throughout his career. In fact, Parret's contributions to philosophical and empirical/linguistic pragmatics present substantive proposals in the epistemics of communication, while simultaneously offering meta-comments on the ideological premises of extant pragmatic analyses. In a lengthy introduction, an overview is provided of his achievements in promoting an integrated, "maximalist" pragmatics, as (...) well as of the links between his own work in philosophy of language and in semiotics and aesthetics. The remaining 12 essays address relevant pragmatic themes or look into the relation between pragmatics and neighboring disciplines. They deal with grammatical deixis (Brisard, Ikegami) and mood (van der Auwera & Schalley), performativity (Harnish, Holdcroft), speech-act types and their praxeological dimensions (Roulet, Van Overbeke), Wittgensteinian language games (Marques, Parisi), cultural and intercultural identities (Vandenabeele, Verschueren), and the visual arts (Wildgen). (shrink)

It is common to posit a clear opposition between the values served by property systems and the value of the environment. To give the environment its due, this view holds, the role of private property needs to be limited. Support for this has been said to be found in Locke’s famous ‘enough and as good’ proviso. This article shows that this opposition is mistaken, and corrects the implied reading of Locke’s proviso. In reality, there is no opposition between property and (...) the environment. This is shown using Locke’s theory of appropriation, as well as the real-life case of instream water appropriation. (shrink)

This article investigates how companies make sense of CSR. It is based on an explorative comparative case study of 18 companies in the Netherlands using background information, interviews and annual reports. Initially, the sensemaking process of CSR is guided and coordinated by change agents who are specifically appointed to explore the implementation of CSR in their company. These change agents initiate the CSR process within their own organisations. The meaning they develop stems from their personal and organisational values and frames (...) of reference. By attuning the vocabulary of CSR to the language of their colleagues, they aim to gain support for this undertaking in their organisation. This sensemaking procedure can be divided into pragmatic, external, procedural, policy‐oriented and value‐driven processes. The capability of an organisation to embed CSR is the result of trial and error, personal preferences and the use of language by the change agent that fits the (dynamic) situation at hand. Thus, each organisation needs a tailor‐made approach to implement CSR successfully. (shrink)

There is a growing body of literature on ethical or socially responsible investment across a range of disciplines. This paper highlights the key themes in the field and identifies some of the major theoretical and practical challenges facing both scholars and practitioners. One of these challenges is understanding better the complexity of the relationship between such investment practices and corporate behaviour. Noting that ethical investment is seldom characterised by agreement about what it actully constitutes, and that much of the extant (...) research focuses on a narrow set of issues, the paper argues that there are benefits associated with examining ethical investment as a process. (shrink)

State legitimacy is often said to have two aspects: an internal and an external one. Internally, a legitimate state has the right to rule over its subjects. Externally, it has a right that outsiders not interfere with its domestic governance. But what is the relation between these two aspects? In this paper, I defend a conception of legitimacy according to which these two aspects are related in an importantly asymmetrical manner. In particular, a legitimate state’s external right to rule affords (...) it protections that include and go beyond what its internal right to rule enables it to do. This asymmetrical view, I argue, is preferable to its two main rivals: the view that a state’s internal and external legitimacy are separate issues, and the view that internal and external legitimacy are mirroring. (shrink)

ABSTRACT The traditional view holds that political philosophy should aim at the truth. By contrast, Avner de Shalit argues that political philosophers should do something different. According to him, they should work in direct consultation with “the people” in order to think through their theories about political institutions. This article defends the traditional aim of truth-seeking and shows the mistakes in De Shalit’s alternative approach.

While having a breast reconstruction, women have certain expectations about their future breasted bodies. The aim of this paper is to describe and analyze these expectations in the process of reconstruction. By applying a qualitative, phenomenological study within a longitudinal research design, this paper acknowledges the temporarily complex, contextualized, embodied, and subjective nature of the phenomenon of expectations. The analysis identified expectations regarding three different aspects of women’s embodiment: their gazed body, their capable/practical body, and their felt body. After reconstruction, (...) these women try to reconfigure—adjust, level or retrospectively rewrite—their expectations. Further, some women face what apparently arrives totally unexpected, namely a strange feeling breast or a failed reconstruction. The development of these women’s expectations can be understood as an active, continuously evolving, difficult and sometimes impossible dynamic of expecting the surprise that is a breast reconstruction. Within this dynamic, women formulate and reconfigure—by definition—unrealistic expectations and validate and try to achieve unexpected futures. We suggest that medical professionals can facilitate this dynamic in various ways. (shrink)

Despite its uniform appearance, the cerebellar cortex is highly heterogeneous in terms of structure, genetics and physiology. Purkinje cells (PCs), the principal and sole output neurons of the cerebellar cortex, can be categorized into multiple populations that differentially express molecular markers and display distinctive physiological features. Such features include action potential rate, but also their propensity for synaptic and intrinsic plasticity. However, the precise molecular and genetic factors that correlate with the differential physiological properties of PCs remain elusive. In this (...) article, we provide a detailed overview of the cellular mechanisms that regulate PC activity and plasticity. We further perform a pathway analysis to highlight how molecular characteristics of specific PC populations may influence their physiology and plasticity mechanisms. (shrink)

The label ‘Translational Research’ (TR) has become ever more popular in the biomedical domain in recent years. It is usually presented as an attempt to bridge a supposed gap between knowledge produced at the lab bench and its use at the clinical bedside. This is claimed to help society harvest the benefits of its investments in scientific research. The rhetorical as well as moral force of the label TR obscure, however, that it is actually used in very different ways. In (...) this paper, we analyse the scientific discourse on TR, with the aim to disentangle and critically evaluate the different meanings of the label. We start with a brief reconstruction of the history of the concept. Subsequently, we unravel how the label is actually used in a sample of scientific publications on TR and examine the presuppositions implied by different views of TR. We argue that it is useful to distinguish different views of TR on the basis of three dimensions, related to (1) the construction of the ‘translational gap’; (2) the model of the translational process; and (3) the cause of the perceived translational gap. We conclude that the motive to make society benefit from its investments in biomedical science may be laudable, but that it is doubtful whether the dominant views of TR will contribute to this end. (shrink)

Interactive technology assessment (iTA) provides an answer to the ethical problem of normative bias in evaluation research. This normative bias develops when relevant perspectives on the evaluand (the thing being evaluated) are neglected. In iTA this bias is overcome by incorporating different perspectives into the assessment. As a consequence, justification of decisions based on the assessment is provided by stakeholders having achieved agreement. In this article, agreement is identified with wide reflective equilibrium to show that it indeed has the potential (...) of justifying decisions. We work out several conditions for this agreement to be achievable and just. (shrink)

The King Report on Corporate Governance (1994) evoked unprecedented interest in corporate governance in South Africa. This does not mean that corporate governance was not an issue of concern before the release of this historical report. To the contrary, corporate governance in its broader sense has been at stake since the inception of the first publicly owned companies in South Africa. This article intends to give an overview of corporate governance in South Africa. It starts by making a distinction between (...) broad and narrow conceptions of corporate governance. Before applying this distinction to the practice of corporate governance in South Africa, a brief overview of the corporate landscape in South Africa is provided. Then the South African situation with regard to broad and narrow corporate governance respectively is analysed. The article ends with a discussion of the review of corporate governance that currently is in the making in South Africa. Throughout the article both the financial and ethical dimensions of corporate governance is attended to. (shrink)

To many in the Netherlands it seems that basic income’s time has come, following the wide appeal of several municipal experiments. These random-control trial designs study the effects on employment, social participation, health and well-being of exempting social assistance claimants from the duties of seeking work and participating in training activities under the workfare-oriented Participation Act. In some treatment groups, claimants also retain a larger percentage of earnings, thereby reducing the poverty trap. These two design features resemble an unconditional basic (...) income. I situate the experiments in the wider context of basic income and discuss their theoretical background and policy orientation. Under existing legal strictures, the experimental designs are too limited to judge the effects of replacing the conditional scheme of social assistance by an unconditional one. Yet these experiments point the way for future trials which can compare the effectiveness of basic income-oriented versus workfare-oriented treatments. (shrink)

This paper argues, first, that biological evolution can be both random and divinely guided at the same time. Next it discusses the idea that the claim that evolution is unguided is not part of the science of evolution, and defends it against a number of objections.

Different methods have been developed to address ethical issues during research. Most of these methods were developed at universities. In this article ethical parallel research within a Research and Technology Organization is described. Within a European project about perceived security, CPSI, the ethical issues were identified by ethicists cooperating in the project. The project CPSI was aimed at developing a research method that can be used by (local) government to monitor or assess perceived and actual security. Together with the researchers (...) a way was sought to address the ethical issues. Several issues could be addressed by choices with regard to the design of the validation study, in this case a survey. The ethical and legal reasons that were relevant for choices in the design of the validation study were made an integral part of these decisions. Some issues were already identified during the writing of the proposal others were only identified during the research. Participating in the research gave the ethicists access to all relevant information. It made it possible to address the ethical issues when they became relevant. Ethical reasons were part of some of the discussions on research method. It proved possible to address most ethical issues satisfactorily during the research project. (shrink)

In several manuscripts, written between 1894 and 1897, Twardowski developed a new theory of judgement with two types of judgement: existential and relational judgements. In Zur Lehre he tried to stay within a Brentanian framework, although he introduced the distinction between content and object in the theory of judgement. The introduction of this distinction forced Twardowski to revise further Brentano'stheory.His changes concerned judgements about relations and about non-present objects. The latter are considered special cases of relational judgements. The existential judgements (...) are analysed in a Brentanian way; whereas relational judgements are analysed in a Brentanian way only as far as the act is concerned, but not when it comes to the object: the object of a relational judgement is a relationship. With this notion of relationship Twardowski comes close to introducing a concept of state of affairs for the object of (relational) judgements. (shrink)

In the interview in this article, Randall Collins discusses various aspects of his oeuvre. First, he considers why interaction rituals (IRs) in religion are special emotional transformers. This is followed by a discussion of IRs in the digital age and the symbolic and economic power that is required to orchestrate IRs in politics and revolutions. Then comes a discussion of social scientific research into violence, in the past and more recently. The interview continues with a reflection on the notion of (...) attention space, a concept which Collins has applied in analyses of violent interactions and the intellectual struggles between philosophers. Finally, the article considers the state of the art of sociology and its future prospects, evaluating its potential for rapid discovery and its position on the abstraction-reflexivity continuum. As the interview demonstrates Collins’s insightful sociological craftsmanship, it provides social scientists with a strong and optimistic lead in how to do social theory. (shrink)