Open science has recently gained traction as establishment institutions have come on-side and thrown their weight behind the movement and initiatives aimed at creation of information commons. At the same time, the movement's traditional insistence on unrestricted dissemination and reuse of all information of scientific value has been challenged by the movement to strengthen protection of personal data. This article assesses tensions between open science and data protection, with a focus on the GDPR.
The collapse of confidence in anonymization as a robust approach for preserving the privacy of personal data has incited an outpouring of new approaches that aim to fill the resulting trifecta of technical, organizational, and regulatory privacy gaps left in its wake. In the latter category, and in large part due to the growth of Big Data–driven biomedical research, falls a growing chorus of calls for criminal and penal offences to sanction wrongful re-identification of “anonymized” data. This chorus cuts across (...) the fault lines of polarized privacy law scholarship that at times seems to advocate privacy protection at the expense of Big Data research or vice versa. Focusing on Big Data in the context of biomedicine, this article surveys the approaches that criminal or penal law might take toward wrongful re-identification of health data. It contextualizes the strategies within their respective legal regimes as well as in relation to emerging privacy debates focusing on personal data use and data linkage and assesses the relative merit of criminalization. We conclude that this approach suffers from several flaws and that alternative social and legal strategies to deter wrongful re-identification may be preferable. (shrink)
Introduction : rethinking historical distance : from doctrine to heuristic -- Machiavelli between history and chronicle -- A study in contrasts : Machiavelli, Guicciardini, and the idea of example -- "The most illustrious philosopher and historian of the age" : Hume and the balances of enlightenment history -- "What sympathy then touches every human heart!" : emotional identification in enlightenment and romantic histories -- Hundred Scottish ministers write the history of everyday life : contrasting distances in Sinclair's "Statistical account of (...) Scotland" -- Past and present : contrastive narratives in the romantic age -- "The very web and texture of society as it really exists" : literary history in historiographical perspective -- "A topic that history will proudly record", or, What is the "history" in history painting? -- On the advantage and disadvantage of sentimental history for life -- Alternative histories in the public realm : familiarizing and defamiliarizing the past -- Epilogue : My Lai and moral luck, or, 'Tis forty years since. (shrink)
ABSTRACTIn common usage, historical distance refers to a position of detached observation made possible by the passage of time. Understood in these terms, distance has long been regarded as essential to modern historical practice, but this conception narrows the idea of distance and burdens it with a regulatory purpose. I argue that distance needs to be re‐conceived in terms of the wider set of engagements that mediate our relations to the past, as well as the full spectrum of distance‐positions from (...) near to far. Re‐imagined in these terms, distance sheds its prescriptiveness and becomes a valuable heuristic for examining the history of historical representation. When distance is studied in relation to the range of mediations entailed in historical representation, it becomes evident that the plasticities of distance/proximity are by no means limited to gradients of time; rather, temporality is bound up with other distances that come from our need to engage with the historical past as a realm of making, of feeling, of doing, and of understanding. Thus for every historical work, we need to consider at least four basic dimensions of representation as they relate to the problem of mediating distance: 1. the genres, media, and vocabularies that shape the history's formal structures of representation; 2. the affective claims made by the historical account, including the emotional experiences it promises or withholds; 3. the work's implications for action, whether of a political or moral nature; and 4. the modes of understanding on which the history's intelligibility depends. These overlapping, but distinctive, distances—formal, affective, ideological, and conceptual—provide an analytic framework for examining changing modes of historical representation. (shrink)
Tradition is a central concern for a wide range of academic disciplines interested in problems of transmitting culture across generations. Yet, the concept itself has received remarkably little analysis. A substantial literature has grown up around the notion of 'invented tradition,' but no clear concept of tradition is to be found in these writings; since the very notion of 'invented tradition' presupposes a prior concept of tradition and is empty without one, this debunking usage has done as much to obscure (...) the idea as to clarify it. In the absence of a shared concept, the various disciplines have created their own vocabularies to address the subject. Useful as they are, these specialized vocabularies (of which the best known include hybridity, canonicity, diaspora, paradigm, and contact zones) separate the disciplines and therefore necessarily create only a collection of parochial and disjointed approaches. Until now, there has been no concerted attempt to put the various disciplines in conversation with one another around the problem of tradition. Combining discussions of the idea of tradition by major scholars from a variety of disciplines with synoptic, synthesizing essays, Questions of Tradition will initiate a renewal of interest in this vital subject. (shrink)
Like many old cities, Florence has made a pantheon of its streets. Some commemorate names so universal — Machiavelli, Michelangelo, Galileo — that any city would welcome them. Others, inevitably, belong to more local traditions and are apt to puzzle a stranger. One of these is the Via Michele di Lando, a short but impressively prosperous street just outside the Porta Romana, the great medieval city gate to the south. Michele was the leader of the Ciompi revolt of 1378, an (...) insurrection of wool workers and small artisans; and here, amongst opulent nineteenth-century imitations of Renaissance palaces, the city chose to memorialize him — a man whom Machiavelli pictures as leading the rabble “barefoot, with scarcely anything upon him.”. (shrink)
This chapter contains section titled: Frameworks of Interpretation The Moment of Hume's History Intelligibility and Instruction Decipherment and the History of Opinion “My View of Things” “My Representation of Persons” References Further Reading.