We are living in an algorithmic age where mathematics and computer science are coming together in powerful new ways to influence, shape and guide our behaviour and the governance of our societies. As these algorithmic governance structures proliferate, it is vital that we ensure their effectiveness and legitimacy. That is, we need to ensure that they are an effective means for achieving a legitimate policy goal that are also procedurally fair, open and unbiased. But how can we ensure that algorithmic (...) governance structures are both? This article shares the results of a collective intelligence workshop that addressed exactly this question. The workshop brought together a multidisciplinary group of scholars to consider barriers to legitimate and effective algorithmic governance and the research methods needed to address the nature and impact of specific barriers. An interactive management workshop technique was used to harness the collective intelligence of this multidisciplinary group. This method enabled participants to produce a framework and research agenda for those who are concerned about algorithmic governance. We outline this research agenda below, providing a detailed map of key research themes, questions and methods that our workshop felt ought to be pursued. This builds upon existing work on research agendas for critical algorithm studies in a unique way through the method of collective intelligence. (shrink)

This paper analyses some current jurisprudential and conceptual issues in evidence and procedure from the perspective of a computational legal theory. It introduces a specific investigative device, Trojans operated by police during crime investigation, and analyses whether current formal approaches to legal reasoning can be modified in such a way that the software code underlying this device can represent the relevant legal constraints that should govern its operation. We will argue that traditional formalist theories of legal reasoning are typically restricted (...) to reasoning within a system, and incapable therefore of making the notion of “legal system” sufficiently explicit. We discuss possibilities to expand on these approaches and identify the necessary elements of a computational theory of legal reasoning in an age of porous borders.Resumen:En este ensayo se analizan algunos tópicos conceptuales y filosóficos de actualidad sobre el procedimiento y las pruebas desde la óptica de una teoría del derecho computacional. En él se presenta un mecanismo específico de investigación, relativo a los “troyanos” operados por la policía durante la investigación de delitos, y analiza si los enfoques formales contemporáneos sobre el razonamiento jurídico pueden ser modificados de tal modo que el código de sofware que subyace a este mecanismo puede representar las limitaciones jurídicas relevantes que deberían regir su operación. Los autores sostienen que las teorías formalistas tradicionales del razonamiento jurídico se limitan por lo general al razonamiento dentro de un sistema y, por lo tanto, son incapaces de hacer la noción de “sistema jurídico” suficientemente explícita. Asimismo, se discuten las posibilidades de ampliar estos enfoques e identificar los elementos necesarios de una teoría computacional del razonamiento jurídico en una era de fronteras porosas. (shrink)

International Commentary on Evidence, 2006 Vol. 4, Issue 2, 1-47 . [link to online version posted].

This article reports the findings of AI4People, an Atomium—EISMD initiative designed to lay the foundations for a “Good AI Society”. We introduce the core opportunities and risks of AI for society; present a synthesis of five ethical principles that should undergird its development and adoption; and offer 20 concrete recommendations—to assess, to develop, to incentivise, and to support good AI—which in some cases may be undertaken directly by national or supranational policy makers, while in others may be led by other (...) stakeholders. If adopted, these recommendations would serve as a firm foundation for the establishment of a Good AI Society. (shrink)

Jon Bing was not only a pioneer in the field of artificial intelligence and law and the legal regulation of technology. He was also an accomplished author of fiction, with an oeuvre spanning from short stories and novels to theatre plays and even an opera. As reality catches up with the imagination of science fiction writers who have anticipated a world shared by humans and non-human intelligences of their creation, some of the copyright issues he has discussed in his academic (...) capacity take on new resonance. How will we regulate copyright when robots are producers and consumers of art? This paper tries to give a sketch of the problem and hints at possible answers that are to a degree inspired by Bing’s academic and creative writing. (shrink)

The paper introduces an approach to privacy enhancing technologies that sees privacy not merely as an individual right, but as a public good. This idea finds its correspondence in our approach to privacy protection through obfuscation, where everybody in a group takes a small privacy risk to protect the anonymity of fellow group members. We show how these ideas can be computationally realised in an Investigative Data Acquisition Platform. IDAP is an efficient symmetric Private Information Retrieval protocol optimised for the (...) specific purpose of facilitating public authorities’ enquiries for evidence. (shrink)

Proliferation of data processing and data storage devices in the Internet of Things poses significant privacy risks. At the same time, faster and faster use-cycles and obsolescence of devices with electronic components causes environmental problems. Some of the solutions to the environmental challenges of e-waste include mandatory recycling schemes as well as informal second hand markets. However, the data security and privacy implications of these green policies are as yet badly understood. This paper argues that based on the experience with (...) second hand markets in desktop computers, it is very likely that data that was legitimately collected under the household exception of the Data Protection Directive will “leak” into public spheres. Operators of large recycling schemes may find themselves inadvertently and unknowingly to be data controller for the purpose of Data Protection law, private resale of electronic devices can expose the prior owner to significant privacy risks. (shrink)

Following an idea first proposed by Jerzy Wróblewski, this paperexamines the usefulness of formal logic for comparative legal analysis. Subject of the comparison are the doctrines of mistake and attempt in Germanand English criminal law. These doctrines are distinguished by the interaction of deontic, epistemic and alethic modalities. I propose a purely extensional logic which is based on Leśniewski’s substitutional interpretation ofquantification to analyse differences in the logical structure of the variouscriminal law doctrines.

The paper begins with the prerequisite assumption that social deprivation is a fragile and porous category. Thus, our hypothesis is, that how people are affected by the restrictions against the spreading of the coronavirus is often discussed in far too general and simplistic terms. It is often taken as a given, that the virus and the restriction measures not only have caused severe difficulties for us all (due to social distancing, fear, affected health, etc.), but that the measures have exacerbated (...) already previously existing forms of social deprivation. Therefore, it is assumed that marginalized groups are particularly affected by these effects of the pandemic. Two major German studies show the alleged effects of the relevant measures on adolescents and emerging adults (COPSY and FIBS) against the backdrop of social and economic deprivation; their results confirmed that social deprivation entails a higher degree of being affected by the pandemic.However, this picture becomes thwarted by considering the results of 10 narrative interviews, that were conducted by us with emerging adults in a German vocational training institute between April and August 2021 and showed variegated forms of experiencing issues related to the pandemic. In our analysis, we used the method of objective hermeneutics. In this paper, we present our considerations by outlining two contrastive experiences with the Covid-19 pandemic, in order to highlight the divergent ways in which the pandemic has been experienced even among individuals who previously had been affected by social deprivation – at least at first glance – in similar ways. The conceptual lens through which we interpret these two examples is, firstly, the one of precariousness and precarity (Butler 2009). And secondly, the concept of recognition derived from Honneth’s pertinent theory and Butler’s account of recognizability will play a pivotal role. While Honneth’s approach allows us to emphasize the normative and existential role of the fulfilment of our basic desire for recognition and the detrimental implications of disregard, Butler provides us with the means to thoroughly analyse the socio-historical conditions of misrecognition and social invisibility. Moreover, Butler focuses specifically on the recognizability of precariousness (Honneth’s triad of love, being respected as a rights bearer and solidarity shows a different focus). Combining qualitative research on precarious live circumstances with a theoretical perspective on recognition can also be found in a stunning research on couples in atypical working relations (Wimbauer and Motakef 2019). Proceeding from these theories and ‘applying’ them to our empirical material, we seek to call into question a too generalizing and hegemonic picture of how people were affected by pertinent restrictions. Qualitative interviews are able to point us to significant differences in the experience of the restrictions.In terms of an outlook, we suggest that a sensitization for previously excluded kinds of experiences forms a crucial basis for a less normalizing, that is, more inclusive account of interpreting the affectedness and needs of variegated social groups; the pandemic has influenced and altered structures of the recognition of vulnerability and, by the same token, made them more explicit. It thus is an occasion for a critical engagement with the recognizability of needs, deprivation, discrimination, and related phenomena. (shrink)

The European Medical Information Framework project, funded through the IMI programme, has designed and implemented a federated platform to connect health data from a variety of sources across Europe, to facilitate large scale clinical and life sciences research. It enables approved users to analyse securely multiple, diverse, data via a single portal, thereby mediating research opportunities across a large quantity of research data. EMIF developed a code of practice to ensure the privacy protection of data subjects, protect the interests of (...) data sharing parties, comply with legislation and various organisational policies on data protection, uphold best practices in the protection of personal privacy and information governance, and eventually promote these best practices more widely. EMIF convened an Ethics Advisory Board, to provide feedback on its approach, platform, and the EcoP. The most important challenges the ECoP team faced were: how to define, control and monitor the purposes for which federated health data are used; the kinds of organisation that should be permitted to conduct permitted research; and how to monitor this. This manuscript explores those issues, offering the combined insights of the EAB and EMIF core ECoP team. For some issues, a consensus on how to approach them is proposed. For other issues, a singular approach may be premature but the challenges are summarised to help the community to debate the topic further. Arguably, the issues and their analyses have application beyond EMIF, to many research infrastructures connected to health data sources. (shrink)

This document discusses the status of research on detection and prevention of financial fraud undertaken as part of the IST European Commission funded FF POIROT (Financial Fraud Prevention Oriented Information Resources Using Ontology Technology) project. A first task has been the specification of the user requirements that define the functionality of the financial fraud ontology to be designed by the FF POIROT partners. It is claimed here that modeling fraudulent activity involves a mixture of law and facts as well as (...) inferences about facts present, facts presumed or facts missing. The purpose of this paper is to explain this abstract model and to specify the set of user requirements. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

How can digitised assets of Galleries, Libraries, Archives and Museums be reused to unlock new value? What are the implications of viewing large-scale cultural heritage data as an economic resource, to build new products and services upon? Drawing upon valuation studies, we reflect on both the theory and practicalities of using mass-digitised heritage content as an economic driver, stressing the need to consider the complexity of commercial-based outcomes within the context of cultural and creative industries. However, we also problematise the (...) act of considering such heritage content as a resource to be exploited for economic growth, in order to inform how we consider, develop, deliver and value mass-digitisation. Our research will be of interest to those wishing to understand a rapidly changing research and innovation landscape, those considering how to engage memory institutions in data-driven activities and those critically evaluating years of mass-digitisation across the heritage sector. (shrink)

No discussion of academic freedom, research integrity, and patient safety could begin with a more disquieting pair of case studies than those of Nancy Olivieri and David Healy. The cumulative impact of the Olivieri and Healy affairs has caused serious self examination within the biomedical research community. The first part of the essay analyses these recent academic scandals. The two case studies are then placed in their historical context—that context being the transformation of the norms of science through increasingly close (...) ties between research universities and the corporate world. After a literature survey of the ways in which corporate sponsorship has biased the results of clinical drug trials, two different strategies to mitigate this problem are identified and assessed: a regulatory approach, which focuses on managing risks associated with industry funding of university research, and a more radical approach, the sequestration thesis, which counsels the outright elimination of corporate sponsorship. The reformist approach is criticised and the radical approach defended. (shrink)

In this article I offer an opinionated overview of the central elements of Kant’s philosophical methodology during the critical period. I begin with a brief characterization of how Kant conceives of the aims of human inquiry – focusing on the idea that inquiry ideally aims at not just cognition (Erkenntnis), but also the more demanding cognitive achievements that Kant labels insight (Einsehen) and comprehension (Begreifen). Then I explore the implications of this picture for philosophy — emphasizing Kant’s distinction between critical (...) and doctrinal phases of philosophical inquiry, with the first of these playing both a negative and a positive role with respect to the second. Then, I will argue that this positive role is possible, according to Kant, only insofar as philosophy follows what I call a “capacities-first” methodology – that is, one that treats basic cognitive capacities (such as reason) and their self-conscious activities as fundamental (in both a cognitive sense and in an explanatory sense) for the sort of philosophy human beings are capable of. It is this methodology, I will argue, that allows Kant to introduce the first principles that philosophy in its doctrinal phase requires in a manner that is neither arbitrary nor (at least obviously) incompatible with Kant’s own critical restrictions on cognition. I conclude by discussing some of the implications of this methodological picture – including the methodological significance of self-consciousness and regressive or “transcendental” arguments, Kant’s distinction between analytic and synthetic methods in philosophy, and Kant’s conception of reason as autonomous. (shrink)

This study analyzes the ideals of responsibility and accountability, asking such questions as when it is legitimate to blame top officials of an organization for mistakes made by personnel below them in the bureaucratic hierarchy; when things go wrong in a large and complex organization like the Canadian Forces, who is responsible and accountable; and whether a plea of ignorance is a good excuse. The study also analyzes the doctrine of ministerial responsibility in both the British and Canadian parliamentary traditions, (...) asking whether it is realistic to expect that a government minister should be held responsible for everything that goes wrong in his/her department. Finally, traditional military values are examined, considering the kinds of attitudes and values expected from Canada's armed forces and the differences between the military and civilian sectors. (shrink)

The focus of this chapter will be Kant’s understanding of Hume, and its impact on Kant’s critical philosophy. Contrary to the traditional reading of this relationship, which focuses on Kant’s (admittedly real) dissatisfaction with Hume’s account of causation, my discussion will focus on broader issues of philosophical methodology. Following a number of recent interpreters, I will argue that Kant sees Hume as raising, in a particularly forceful fashion, a ‘demarcation challenge’ concerning how to distinguish the legitimate use of reason in (...) (say) natural scientific contexts from the illegitimate use of it in (say) dogmatic metaphysics. I will then go on to argue that Kant sees Hume’s tendency to slide into more radical forms of skepticism as a symptom of his failure to provide a systematic or principled account of this distinction. This failure, I argue, can be traced (according to Kant) to Hume’s impoverished, non-hylomorphic account of our faculties – which both robs Hume of the materials necessary to construct a genuinely systematic philosophy as Kant understands this, and makes it impossible for Hume to clearly conceive of what Kant calls ‘Formal Idealism.’ In this way, the failings of Hume’s account of causation are (for Kant) symptoms of more fundamental limitations within Hume’s philosophy. I close by briefly discussing the similarities between Hume and Kant’s understanding of the relationship between, first, philosophical methodology and, second, the nature of our faculties. (shrink)

With respect to the topic of “powers and abilities,” most readers will associate David Hume with his multi-pronged critique of traditional attempts to make robust explanatory use of those notions in a philosophical or scientific context. But Hume’s own philosophy is also structured around the attribution to human beings of a variety of basic faculties or mental powers – such as the reason and the imagination, or the various powers involved in Hume’s account of im- pressions of reflection and the (...) passions. Indeed, there is a clear case to be made that, despite his deflationary account of our concept of power, Hume continues to treat certain basic powers or faculties as forming the explanatory bedrock for his new “science of man”. In this essay, I will discuss how this apparent conflict between the “critical” (if not outright skeptical) and “constructive” aspects of Hume’s discussion of powers and abilities is best resolved – with special attention to the question of how this illuminates Hume’s place in the development of early modern conceptions of the proper method for philosophy. (shrink)

Burkhard Nonnenmacher analysiert Kants Verhältnisbestimmung von Vernunft und Glaube von Grund auf, stellt Kants fundamentaltheologische Weichenstellungen dar und zeigt, zu welchen materialdogmatischen Konsequenzen diese führen. Der Autor fragt, welche methodologischen Probleme in Kants Entwurf enthalten sind und was diese für die Systematische Theologie der Gegenwart bedeuten.

Lange Zeit hielt sich der westliche Mensch für besonders frei und autonom. Menschen anderer Kulturen hingegen beschrieb und beurteilte er oft als gefangen in verwandtschaftlichen, sozialen, kulturellen, wirtschaftlichen, religiösen und politischen Zwängen. In seinen Essays hinterfragt Burkhard Schnepel dieses Selbst- und Fremdbild. So bricht er die damit einhergehenden Verzerrungen des 'exotischen' und 'orientalischen' Anderen auf. Der Autor betrachtet unterschiedliche Manifestationen und Typen von Personen in Afrika, Indien und in der Welt des Indischen Ozeans. Neben Königen, Narren und Träumern stellt (...) er auch den Tänzer und den Touristen in den Blickpunkt seiner ethnologischen Untersuchungen. (shrink)

It is well known that John Henry Newman’s Essay on the Development of Christian Doctrine contains strong autobiographical elements. Equally, the essay is an important 19th century contribution to the development of the history of theology. Another fact is lesswell known: in the case of Newman, biography and the history of ideas go hand in hand. This article aims to explain how Newman’s personal search for a spiritual home influenced his conception of the development of Christian thought. This is done (...) by analysing Newman’s own writing as well as looking at the critical appraisal of Newman’s thought by Rowan Williams. Both authors share an interest in the development of theological ideas but differ in their opinion on the necessity of continuity in this development. (shrink)

Der Autor hat Hegels Phänomenologie des Geistes aus dem Abstrakten in das Konkrete übersetzt und die einzelnen Kapitel so entschlüsselt, dass sie für alle Leser nachvollziehbar sind. Da Hegels Abstraktionen zu keiner befriedigenden Erklärung der Welt führen, fordert der Autor in seiner Kritik dazu auf, zum gesunden Menschenverstand zurückzukehren.

Muße ist ein freies Verweilen in der Zeit jenseits von Zweckrationalismus. Die Eigenzeitlichkeit wird zum Freiraum simultaner Möglichkeiten unserer Lebensgestaltung. Muße zielt auf ästhetisch und räumlich inszenierte Lebensformen, die in der Zeit nicht der Herrschaft der Zeit unterliegen. Konzepte von Muße sind stets eingebettet in ihre historischen und kulturellen Kontexte. Der Band beleuchtet historische Paradigmen der Muße in ihren literarischen Inszenierungen, diskursiven Verflechtungen und performativen Effekten. Die Beiträge aus der Philosophie, Klassischen Philologie, Alten Kirchengeschichte, germanistischen Mediävistik, neueren deutschen Literatur, Anglistik, (...) Soziologie, Geschichtswissenschaft, Archäologie, Kunstgeschichte, Ethnologie und Sinologie untersuchen Muße als anthropologisches und kulturgeschichtlich distinktes Phänomen, das sich Zeitzwängen widersetzt und Freiräume eröffnet. Analysiert werden unterschiedliche Semantisierungen, Ähnlichkeiten und Umbesetzungen, wie beispielsweise 'Freizeit', die Überschneidungen, aber auch gravierende Abgrenzungen zur Muße aufweisen. (shrink)

This essay critically examines concepts of a non-human history in contrast to Ricœur′s thesis that history and memory ultimately rest on human testimony. The concept of testimony refers to the complete vanishing of others who finally disappear without a trace. This disappearing leaves its mark on human memory and history which have to take into account not only relics of past life but also the absence of others without remnants.