In this contribution we will explore some of the implications of the vision of Ambient Intelligence (AmI) for law and legal philosophy. AmI creates an environment that monitors and anticipates human behaviour with the aim of customised adaptation of the environment to a person’s inferred preferences. Such an environment depends on distributed human and non-human intelligence that raises a host of unsettling questions around causality, subjectivity, agency and (criminal) liability. After discussing the vision of AmI we will present relevant research (...) in the field of philosophy of technology, inspired by the post-phenomenological position taken by Don Ihde and the constructivist realism of Bruno Latour. We will posit the need to conceptualise technological normativity in comparison with legal normativity, claiming that this is necessary to develop democratic accountability for the implications of emerging technologies like AmI. Lastly we will investigate to what extent technological devices and infrastructures can and should be used to achieve compliance with the criminal law, and we will discuss some of the implications of non-human distributed intelligence for criminal liability. (shrink)

According to the "sanctity-of-life" view, all human lives are equally valuable and inviolable, and it would be wrong to base life-and-death medical decisions on the quality of the patient's life. Examining the ideas and assumptions behind the sanctity-of-life view, Kuhse argues against the traditional view that allowing someone to die is morally different from killing, and shows that quality-of-life judgments are ubiquitous. Refuting the sanctity-of-life view, she provides a sketch of a quality-of-life ethics based on the belief that there is (...) a profound difference between merely being alive and life being in the patient's interest. (shrink)

This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil society is the (...) means through which we can rightfully interact even on the ideal assumption that no one ever succumbs to immoral temptation. (shrink)

Liberal theories of justice have been rightly criticized for two things by care theorists. First, they have failed to deal with private care relations’ inherent (inter)dependency, asymmetry and particularity. Second, they have been shown unable properly to address the asymmetry and dependency constitutive of care workers’ and care-receivers’ systemic conditions. I apply Kant’s theory of right to show that current care theories unfortunately reproduce similar problems because they also argue on the assumption that good care requires only virtuous private individuals. (...) Giving up this assumption enables us to solve the problems regarding both private care relations and systemic injustice. (shrink)

This volume provides a critical introduction to contemporary attempts to base nursing ethics on a feminine 'ethics of care'.

: In this paper, I consider objections to advance directives based on the claim that there is a discontinuity of interests, and of personal identity, between the time a person executes an advance directive and the time when the patient has become severely demented. Focusing narrowly on refusals of life-sustaining treatment for severely demented patients, I argue that acceptance of the psychological view of personal identity does not entail that treatment refusals should be overridden. Although severely demented patients are morally (...) considerable beings, and must be kept comfortable whilst alive, they no longer have an interest in receiving life-sustaining treatment. (shrink)

Uncertainty is interwoven into human existence. It is a powerful incentive in the search for knowledge and an inherent component of scientific research. We have developed many ways of coping with uncertainty. We make promises, manage risks and make predictions to try to clear the mists and predict ahead. But the future is inherently uncertain - and the mist that shrouds our path an inherent part of our journey. The burning question is whether our societies can face up to uncertainty, (...) learn to embrace it and whether we can open up to a constantly evolving future. In this new book, Helga Nowotny shows how research can thrive at the cusp of uncertainty. Science, she argues, can eventually transform uncertainty into certainty, but into certainty which remains always provisional. Uncertainty is never completely static. It is constantly evolving. It encompasses geological time scales and, at the level of human experience, split-second changes as cells divide. Life and death decisions are taken in the blink of the eye, while human interactions with the natural environment may reveal their impact over millennia. Uncertainty is cunning. It appears at unexpected moments, it shuns the straight line, takes the oblique route and sometimes the unexpected short-cut. As we acknowledge the cunning of uncertainty, its threats retreat. We accept that any scientific inquiry must produce results that are provisional and uncertain. This message is vital for politicians and policy-makers: do not be tempted by small, short-term, controllable gains to the exclusion of uncertain, high-gain opportunities. Wide-ranging in its use of examples and enriched by the author’s experience as President of the European Research Council, one of the world’s leading funding organisations for fundamental research. The Cunning of Uncertainty is a must-read for students and scholars of all disciplines, politicians, policy-makers and anyone concerned with the fundamental role of knowledge and science in our societies today. (shrink)

Intentions, Blame, and Contractualism: A review of Tim Scanlon, Moral Dimensions: Permissibility, Meaning, Blame by Jussi Suikkanen.

This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. (...) This analysis will be complemented with a discussion of the integration of the first and the third pillar as aimed for by the Constitutional Treaty, which would bring criminal law under majority rule and European democratic control. Attention will be paid to two ground breaking judgements of the European Court of Justice that seem to boil down to the fact that the Court actually manages to achieve some of the objectives of the CT even if this is not in force. This gives rise to a discussion of how the CT may transform European criminal law in the Union to EU criminal law of the Union, thus producing an identity of the Union next to the identities prevalent in the Union. The contribution concludes with some normative questions about the kind of European identity we should aim to establish, given the fact that such identity will arise with further integration of criminal law into the first pillar. (shrink)

This paper reflects on a genesis that seems inseparable from that of the human, namely, the coming into being of social organization. It seems impossible to think of a time when humans were not embedded in some social configuration, but it is equally impossible to think of the human species evolving complete with sociocultural formations attached. Even deciding on the word for the beginning of organization prejudges the issue: are we speaking of an emergence, a development, a making, or a (...) virgin birth? Calling on three authors – Giambattista Vico, Michel Serres, and Paolo Virno – I present three kinds of processes of becoming: one as a directional sequence of interlocking steps, one as the fertility of unintended consequences, and one as the creativity of linguistic ruse. Glancing at these different versions sideways one can make out some universal features of the genesis of organization: a self-referential circularity at its inception which hides the starting point, a unique engagement with language and the symbolic, and an intentional act that creates the possibility of a new and different future. (shrink)

Few subjects have generated so many newspaper headlines and such heated controversy as the treatment, or non-treatment, of handicapped newborns. In 1982, the case of Baby Doe, a child born with Down's syndrome, stirred up a national debate in the United States, while in Britain a year earlier, Dr. Leonard Arthur stood trial for his decision to allow a baby with Down's syndrome to die. Government intervention and these recent legal battles accentuate the need for a reassessment of the complex (...) issues involved. This volume--by two authorities on medical ethics--presents a philosophical analysis of the subject based on particular case studies. Addressing the doctrine of the absolute sanctity of life, Singer and Kuhse examine some actual cases where decisions have been reached; consider the criteria for making these decisions; investigate the differences between killing and letting die; compare Western attitudes and practices with those of other cultures; and conclude by proposing a decision-making framework that offers a rational alternative to the polemics and confusion generated by this highly controversial topic. (shrink)

Kant’s comments on sexuality are commonly found to be at best perplexing and at worst extraordinarily unenlightened and morally offensive. In this paper, I start by reconstructing what seems to be Kant’s view on sexuality as well as providing an overview of the main, existing Kantian philosophical responses and alternative proposals to this account. In the last part of the paper, I outline a new Kantian approach to sexuality that overcomes the shortcomings of both Kant’s own and the existing Kantian (...) accounts. (shrink)

This paper argues with Kant that the only justifiable basis for a legal system is an innate right to freedom, which is defined as the right to be subject only to universal law and not to the arbitrary choices of others. Since rightful interaction is possible only within public institutional frameworks, we cannot respect one another’s innate right to freedom simply by interacting as virtuous individuals or as just states. In fact, only public authorities can have coercive authority, the rightfulness (...) of which is dependent upon the institutional framework constitutive of them. Of particular interest hesre is the requirement on states to provide public, institutional solutions to problems such as poverty and the failures of economic and financial systems. In addition, I pay special attention to why only the national public authority can establish a monopoly on coercion even though the establishment of a public authority is constitutive also of transnational rightful relations. (shrink)

The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow 'beings' compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of 'code and law' and the (...) other develops from the domain of 'law and literature'. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice. (shrink)

The philosophical debate over the moral difference between killing and letting die has obvious relevance for the contemporary public debate over voluntary euthanasia. Winston Nesbitt claims to have shown that killing someone is, other things being equal, always worse than allowing someone to die. But this conclusion is illegitimate. While Nesbitt is correct when he suggests that killing is sometimes worse than letting die, this is not always the case. In this article, I argue that there are occasions when it (...) is better to kill than to let die. (shrink)

In my response to Andrew Webster's examples I point to certain limitations, while fully supporting the thrust of his argument for a re-engagement of science and technology studies with policy making. When analyzing the policy implications of knowledge, the larger context must be considered. New criteria, like transparency, have arisen and the tendency for evidence-based policy making has become widespread. The managerial side of policy making emphasizes that "only what can be measured, can be managed." The crucial question is how (...) well prepared-and how willing-the STS community is to tackle policy making in this new guise. In the end, what is needed are institutions that are capable of developing their own reflexivity-a task to which STS can certainly contribute, but the road to be taken may be less direct than Andrew Webster suggests. (shrink)

While research on object individuation assumes that even very young children are able to perceive objects as particulars, we argue that the results of relevant studies can be explained in terms of feature discrimination. We propose that children start out navigating the world with a feature‐based ontology and only later become able to individuate objects spatiotemporally. Furthermore, object individuation is a cognitively demanding achievement resting on a uniquely human form of enculturation, namely the acquisition of deictic demonstratives. We conclude by (...) outlining empirical expectations for operationalizations of our proposal. (shrink)

This Article takes the perspective of law and philosophy, integrating insights from computer science. First, I will argue that in the era of big data analytics we need an understanding of privacy that is capable of protecting what is uncountable, incalculable or incomputable about individual persons. To instigate this new dimension of the right to privacy, I expand previous work on the relational nature of privacy, and the productive indeterminacy of human identity it implies, into an ecological understanding of privacy, (...) taking into account the technological environment that mediates the constitution of human identity. Second, I will investigate how machine learning actually works, detecting a series of design choices that inform the accuracy of the outcome, each entailing trade-offs that determine the relevance, validity and reliability of the algorithm’s accuracy for real life problems. I argue that incomputability does not call for a rejection of machine learning per se but calls for a research design that enables those who will be affected by the algorithms to become involved and to learn how machines learn — resulting in a better understanding of their potential and limitations. A better understanding of the limitations that are inherent in machine learning will deflate some of the eschatological expectations, and provide for better decision-making about whether and if so how to implement machine learning in specific domains or contexts. I will highlight how a reliable research design aligns with purpose limitation as core to its methodological integrity. This Article, then, advocates a practice of “agonistic machine learning” that will contribute to responsible decisions about the integration of data-driven applications into our environments while simultaneously bringing them under the Rule of Law. This should also provide the best means to achieve effective protection against overdetermination of individuals by machine inferences. (shrink)

ABSTRACTPerception of emotion in the face is a key component of human social cognition and is considered vital for many domains of life; however, little is known about how this ability differs across the lifespan for men and women. We addressed this question with a large community sample of persons ranging from younger than 15 to older than 60 years of age. Participants were viewers of the television show “Tout le Monde Joue”, and the task was presented on television, with (...) participants responding via their mobile devices. Applying latent variable modeling, and establishing measurement invariance between males and females and across age, we found that, for both males and females, emotion perception abilities peak between the ages of 15 and 30, with poorer performance by younger adults and declining performance after the age of 30. In addition, we show a consistent advantage by females across the lifespan, which decreases in magnitude with increasing age. This large scale study with a wide ran... (shrink)

Der Text vergleicht zwei fetischistische Puppenexperimente des 20. Jahrhunderts. Auf der einen Seite steht der vielbeachtete Versuch Oskar Kokoschkas, die verlorene Alma Mahler durch eine lebensechte Puppe zu ersetzen. Auf der anderen Seite geht es um die verborgen gehaltenen Bücher des Schweizer Einsiedlers Armand Schulthess, bevölkert von Hunderten von erotischen Collage-Frauen, die kunstvoll zusammengeklebt, vernäht und ineinander gefaltet sind. So unterschiedlich das zugrundeliegende fetischistische Ritual auch ausfällt, so zeigt sich in beiden Anordnungen doch eine grundlegende Übereinstimmung: In beiden Fällen nimmt (...) das Inkarnieren die Form einer Operationskette an, die das Bild ins Register einer mimetischen Transformationsontologie überstellt. (shrink)

Now fully revised and updated, Bioethics: An Anthology, 3rd edition, contains a wealth of new material reflecting the latest developments. This definitive text brings together writings on an unparalleled range of key ethical issues, compellingly presented by internationally renowned scholars. The latest edition of this definitive one-volume collection, now updated to reflect the latest developments in the field Includes several new additions, including important historical readings and new contemporary material published since the release of the last edition in 2006 Thematically (...) organized around an unparalleled range of issues, including discussion of the moral status of embryos and fetuses, new genetics, neuroethics, life and death, resource allocation, organ donations, public health, AIDS, human and animal experimentation, genetic screening, and issues facing nurses Subjects are clearly and captivatingly discussed by globally distinguished bioethicists A detailed index allows the reader to find terms and topics not listed in the titles of the essays themselves. (shrink)

"Der Text vergleicht zwei fetischistische Puppenexperimente des 20. Jahrhunderts. Auf der einen Seite steht der vielbeachtete Versuch Oskar Kokoschkas, die verlorene Alma Mahler durch eine lebensechte Puppe zu ersetzen. Auf der anderen Seite geht es um die verborgen gehaltenen Bücher des Schweizer Einsiedlers Armand Schulthess, bevölkert von Hunderten von erotischen Collage-Frauen, die kunstvoll zusammengeklebt, vernäht und ineinander gefaltet sind. So unterschiedlich das zugrundeliegende fetischistische Ritual auch ausfällt, so zeigt sich in beiden Anordnungen doch eine grundlegende Übereinstimmung: In beiden Fällen nimmt (...) das Inkarnieren die Form einer Operationskette an, die das Bild ins Register einer mimetischen Transformationsontologie überstellt. The paper compares two fetishistic experiments with puppets of the 20th century. On the one hand, there is Oskar Kokoschka’s much discussed attempt to replace the lost Alma Mahler with a life-size doll. On the other hand, the paper treats the secret books of Swiss hermit Armand Schulthess, populated by hundreds of erotic women, which are artfully glued, sewn and folded together. However different the underlying fetishistic ritual may be, the two groups show a fundamental agreement: In both cases, the process of incarnating becomes a chain of operations, translating the image into the register of a mimetic ontology of transformation. ". (shrink)

Spirituality is as an individual, dynamic, and a complex concept. Meleis's theory includes spirituality in many aspects, and looking at this dimension within this specific theory may help in understanding spirituality as a critical dimension in transitions, as processes, but also as a dimension of self–transition as individual development and growing. Therefore, spirituality is an inherent and integral element of the several foundations of this theory, especially in nursing therapeutics, patterns of responses and transition conditions (facilitators and inhibitors).

Who Needs Stories if You Can Get the Data? ISPs in the Era of Big Number Crunching Content Type Journal Article Category Special Issue Pages 371-390 DOI 10.1007/s13347-011-0041-8 Authors Mireille Hildebrandt, Institute of Computer and Information Sciences (ICIS), Radboud University Nijmegen, Nijmegen, the Netherlands Journal Philosophy & Technology Online ISSN 2210-5441 Print ISSN 2210-5433 Journal Volume Volume 24 Journal Issue Volume 24, Number 4.

Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data (...) privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us. (shrink)

Central to Nozick’s Anarchy, State and Utopia is a defense of the legitimacy of the minimal state’s use of coercion against anarchist objections. Individuals acting within their natural rights can establish the state without committing wrongdoing against those who disagree. Nozick attempts to show that even with a natural executive right, individuals need not actually consent to incur political obligations. Nozick’s argument relies on an account of compensation to remedy the infringement of the non-consenters’ procedural rights. Compensation, however, cannot remedy (...) the infringement, for either it is superfluous to Nozick’s account of procedural rights, or it is made to play a role inconsistent with Nozick’s liberal voluntarist commitments. Nevertheless, Nozick’s account of procedural rights contains clues for how to solve the problem. Since procedural rights are incompatible with a natural executive right, Nozickeans can argue that only the state can enforce individuals’ rights without wronging anyone, thus refuting the anarchist. (shrink)

ABSTRACT If a doctor kills a severely handicapped infant, he commits an act of murder; if he deliberately allows such an infant to die, he is said to engage in the proper practice of medicine. This is the view that emerged at the recent trial of Dr Leonard Arthur over the death of the infant John Pearson. However, the distinction between murder on the one hand and what are regarded as permissible lettings die on the other rests on the Moral (...) Difference Myth, according to which deliberate lettings die in the practice of medicine are not instances of the intentional causation of death. I argue that a doctor who refrains from preventing a handicapped infant's death, causes that infant's death and does so intentionally. He commits an act of murder. But, I suggest, not all instances of the intentional causation of death are morally wrong. To the extent that they are not, killing rather than letting die will often be the preferable option because more economical of suffering. Hence what is required is the abolition of the Moral Difference Myth and legislation to the effect that those doctors who justifiably cause a patient's death—whether by an action or by an omission—commit no offence. (shrink)

Music performance anxiety (MPA) is a multifaceted phenomenon occurring on a continuum of severity. In this survey study, we investigated to what extent the affective (anxiety), cognitive (catastrophizing), and somatic (bodily complaints) components of MPA prior to solo performances vary as a function of age, gender, instrument group, musical experience, and practice as well as how these MPA components relate to self-rated change in performance quality from practice to public performance. The sample comprised 75 male and 111 female classical music (...) university students, aged 15–45 years. Age was positively associated with anxious feelings and bodily complaints. Compared to male students, female students reported significantly more anxious feelings and catastrophizing. Singers reported less anxious feelings and catastrophizing than instrumentalists. Breathing-, mouth- and throat-related complaints were highest among singers and wind players; hand- and arm-related complaints were highest among string players and pianists. The indices of musical experience and practice had marginal effects. An average of four bodily complaints bothered the participants strongly to very strongly. Worsening in performance quality from practice to public performance was reported by almost half of the participants and was best predicted by anxious feelings and breathing-related complaints. We conclude that age, gender and instrument play a significant role in understanding the phenomenology of MPA. Musicians should be examined according to these characteristics rather than as one homogenous population. In particular, it might be valuable to develop assessment tools for MPA that incorporate items related to the bodily complaints that are most relevant to the different instrument groups. Breathing-related complaints could add an important dimension to the investigation of MPA and music performance. Finally, the high percentage of students reporting worsening of their performance quality from practice to public performance highlights the need of professional support to help music students be able to perform at their best and thrive as artists. (shrink)

Keine ausführliche Beschreibung für "Platon" verfügbar.

Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence âe" self-governing systems âe" challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to the functioning of modern (...) legal systems. But once artificial entities become more autonomic, and less dependent on deliberate human intervention, criteria like agency, intentionality and self-determination, become too fragile to serve as defining criteria for human subjectivity, personality or identity, and for characterizing the processes through which individual citizens become moral and legal subjects. Are autonomic âe" yet artificial âe" systems shrinking the distance between (acting) subjects and (acted upon) objects? How âe~distinctively humanâe(tm) will agency be in a world of autonomic computing? Or, alternatively, does autonomic computing merely disclose that we were never, in this sense, âe~humanâe(tm) anyway? A dialogue between philosophers of technology and philosophers of law, this book addresses these questions, as it takes up the unprecedented opportunity that autonomic computing and ambient intelligence offer for a reassessment of the most basic concepts of law. (shrink)

O artigo recupera a recomendação de Oliveira Vianna, formulada a partir dos anos 1920, quanto à necessidade de pesquisas voltadas para a compreensão do “pais real”, com o intuito de mostrar como, na geração seguinte, a de 1930, foi Gilberto Freyre seu mais empenhado continuador. Se o primeiro precariamente avança sobre suas próprias sugestões, o pernambucano, ao valorizar o passado colonial brasileiro, consegue romper com certa "sociologia da ausência" presente em trabalhos de alguns de seus contemporâneos. Neste esforço, Freyre constrói (...) obra inaugural marcada por elementos inovadores. Sustento a hipótese segundo a qual tais aspectos revolucionários podem ser parcialmente interpretados à luz de sua adesão a pressupostos conservadores. (shrink)

In Abortion and Infanticide, Michael Tooley argues that it is not wrong to destroy potential persons, such as fetuses and newly born infants. His argument presupposes the following: 1)that the destruction of potential persons is not directly wrong because potential persons do not have a right to life; 2)that destroying a potential person—a fetus or an infant—is morally the same as preventing the existence of an possible person by, for example, using a contraceptive or refraining from, intercourse during a woman's (...) fertile period; and 3)that it is not wrong to prevent the existence of additional persons who are likely to lead happy or satisfying lives. Here I am concerned with the third presupposition. On this presupposition, the prima facie permissibility of abortion and infanticide hinges on the “moral neutrality” of those of our reproductive decisions on which the existence of additional people depends. (shrink)

At first sight the interrelation between the two main themes of this paper, time structuring and time measurement, seems to be simple enough. Time is something that we measure and that we measure with. But what is it that we measure and how is it constructed that we come to think of it as being measurable? As Leach has pointed out, in any society the prevailing ideas about the nature of time and space are closely linked up with the kinds (...) of measuring scales which are thought to be appropriate. If we alter the scales and dimensions with which we measure, we seem to alter the nature of that which is being measured, as well. (shrink)