Les auteurs se penchent ici sur le droit comme « mode d’existence » des Modernes, tel que décrit par Bruno Latour dans son Enquête sur les modes d’existence. Ils complètent dans un premier temps la cartographie de ce mode [DRO] et retracent le rôle joué par celui-ci dans l’Enquête de Latour. Dans un deuxième temps, ils s'interrogent sur les croisements et les harmoniques que génère ce mode [DRO] avec d’autres modes d’existence, notamment celui que Latour appelle [ORG] – le mode (...) d’organisation éthique, sociale, commerciale. Ils articulent alors les difficultés posées par ces croisements et ces harmoniques, mais aussi ses aspects prometteurs pour l’avènement d’un nouveau droit de la Terre.The authors here reflect on the law as one of the modes of existence of the Moderns, as described in Bruno Latour’s An Inquiry into the Modes of Existence. They first seek to complete the cartography of this mode [LAW] and to retrace the role played by [LAW] in Latour’s Inquiry. Second, they reflect on the crossings and harmonics at play between [LAW] and other modes of existence, notably [ORG]—the mode of the ethical, social or commercial organization. They then articulate the difficulties posed by these crossings and harmonics, but also their promising aspects for the advent of a new law of the Earth. (shrink)

This article investigates the concept of the ground truth as both an epistemic and technical figure of knowledge that is central to discussions of machine vision and media techniques of visuality. While ground truth refers to a set of remote sensing practices, it has a longer history in operational photography, such as aerial reconnaissance. Building on a discussion of this history, this article argues that ground truth has shifted from a reference to the physical, geographical ground to the surface of (...) the images echoing earlier points raised by philosopher Jean-Luc Nancy that there is a ground of the image that is central to the task of analysis beyond representational practices. Furthermore, building on the practices of pattern recognition, composite imaging, and different interpretational techniques, we discuss contemporary practices of machine learning that mobilizes geographical earth observation datasets for experimental purposes, including tests such as “fake geography” as well as artistic practices, to show how ground truth is operationalized in such contexts of AI and visual arts. (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)

Clinical ethics has developed significantly in Europe over the past 15 years and remains an evolving process. While sharing our experiences in different European settings, we were surprised to discover marked differences in our practice, especially regarding the position and role of patients. In this paper, we describe these differences, such as patient access to and participation or representation in ethics consults. We propose reasons to explain these differences, hypothesizing that they relate to the historic and sociocultural context of implementation (...) of clinical ethics consultation services (Cecs), as well as the initial aims for which each structure was established. Then, we analyse those differences with common ethical arguments arising in patient involvement. We conclude that there is no unique model of best practice for patient involvement in clinical ethics, as far as Cecs reflect on how to deal with the challenging ethical issues raised by patient role and position. (shrink)

The implementation of inclusive policies is largely dependent on teachers´ willingness to accommodate students with special educational needs (SEN) in mainstream classrooms, which is affected by their perceived competence and attitudes. This study investigated attitudes of pre- and in-service teachers toward students with two types of SEN: challenging behavior and learning difficulties. The three components of attitude (affective, cognitive, and behavioral) were assessed using indirect and direct measures. Results revealed that teachers held negative implicit attitudes toward challenging behavior and learning (...) difficulties, however implicit attitudes did not vary as a function of the type of SEN. Ratings of the stereotypical dimensions warmth and competence and overall ratings of scholastic achievement were affected by professional status and type of SEN. Professional status, implicit attitudes and stereotypical knowledge together explained 52 and 43% of the variance in teachers´ ratings of academic proficiency for students with challenging behavior and learning difficulties, respectively. Results are interpreted within the theoretical framework and implications for teacher training are discussed. (shrink)

Nursing migration: global treasure hunt or disaster‐in‐the‐making?International nurse migration — moving from one country to another in the search of employment — is the focus of this article. The majority of member states of the World Health Organization report a shortage, maldistribution and misutilisation of nurses. International recruitment has been seen as a solution. The negative effects of international migration on the ‘supplier’ countries may be recognised today but are not effectively addressed.Nurse migration is motivated by the search for professional (...) development, better quality of life and personal safety. Pay and learning opportunities continue to be the most frequently reported incentives for nurse migration, especially by nurses from less‐developed countries. Career opportunities were considered key incentives for nurses emigrating from high‐income countries. Language was reported to be a significant barrier. The positive global economic/social/professional development resulting from international migration needs to be weighed against a substantial ‘brain and skills drain’ experienced by supplier countries. The vulnerable status of migrant nurses is also of concern in certain cases. The focus on short‐term solutions as opposed to resolving the problem of a worldwide shortage of nurses causes great concern. Recent initiatives attempt to curb or channel international recruitment. The delicate balance between recognising the right of individual nurses to migrate and a collective concern for the health of a nation’s population must be achieved. (shrink)

Both corporate and global governance seem to demand increasingly sophisticated means for identification. Supposedly justified by an appeal to security threats, fraud and abuse, citizens are screened, located, detected and their data stored, aggregated and analysed. At the same time potential customers are profiled to detect their habits and preferences in order to provide for targeted services. Both industry and the European Commission are investing huge sums of money into what they call Ambient Intelligence and the creation of an ‘Internet (...) of Things’. Such intelligent networked environments will entirely depend on real time monitoring and real time profiling, resulting in real time adaptation of the environment. In this contribution the author will assess the threats and opportunities of such autonomic profiling in terms of its impact on individual autonomy and refined discrimination and indicate the extent to which traditional data protection is effective as regards profiling. (shrink)

The essays in Fanon and the Decolonization of Philosophy all trace different aspects of the mutually supporting histories of philosophical thought and colonial politics in order to suggest ways that we might decolonize our thinking. From psychology to education, to economic and legal structures, the contributors interrogate the interrelation of colonization and philosophy in order to articulate a Fanon-inspired vision of social justice. This project is endorsed by his daughter, Mireille Fanon-Mendès France, in the book's preface.

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)

In the original publication of the article, the following paragraphs have been indented wrongly in the published article.

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.

Euthanasia remains controversial in Canada and an issue of debate among physicians. Most studies have explored the opinion of health professionals regarding its legalization, but have not investigated their intentions when faced with performing euthanasia. These studies are also considered atheoretical. The purposes of the present study were to fill this gap in the literature by identifying the psychosocial determinants of physicians’ intention to practice euthanasia in palliative care and verifying whether respecting the patient’s autonomy is important for physicians.

Volume 1: The Dance of Civa Collum Originally published in 1927. "It has substance and thought to it." Spectator "A very interesting account of the work of Sir Jagadis Bose." Oxford Magazine This essay suggests that recognition of the ceaseless flow of the Dance of Civa is the most promising cure for the misunderstandings that have arisen from a Western habit of assuming that conventional categories have tangible existence. Quo Vadimus? Glimpses of the Future E E Fournier d’Albe Originally (...) published in 1925. "A wonderful vision of the future. A book that will be talked about." Daily Graphic "Interesting and singularly plausible" Daily Telegraph This volume discusses the possible advances of life on earth and asks whether a new race will arise or whether the earth will remain the dominant planet in the solar system for human life. 92pp. Ethnos or the Problem of Race Arthur Keith Originally published in 1931 The author argues that the global unrest of the 1930s arises from qualities inherent in human races and he maintains that if the world is to have peace the problems engendered by diversity of race must first be understood. 86pp Tantalus Or the Future of Man F C S Schiller Originally published in 1924. "…brilliantly clever…" Morning Post "Immensely valuable and infinitely readable" Daily News This volume discusses the threats which face mankind and ways in which destruction may be avoided. 66pp. (shrink)

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)

We emphasize the relevance to cognitive psychology of Feldman and Levin's theoretical position. Traditional views of motor control have failed to clearly separate “production control” at the level of motor command, based on task-independent CV (control variables), from intentional “product control” based on task-dependent parameters. Because F&L's approach concentrates on the first process (trajectory formation), it can distinguish the product control stage.

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)

In this contribution, I will argue that the image of a balance is often used to defend the idea of a trade-off. To understand the drawbacks of this line of thought, I will explore the relationship between online security technologies and fundamental rights, notably privacy, nondiscrimination, freedom of speech and due process. After discriminating between three types of online security technologies, I will trace the reconfiguration of the notion of privacy in the era of smart environments. This will lead to (...) an inquiry into the metaphor of the scale, building on the triple test regarding the justification of the limitation of fundamental rights such as privacy. The conclusion will be that in the case of a trade-off, infringing measures will have to be balanced by effective safeguards. No trade-off without balance. (shrink)

Nous sommes une seule et même espèce humaine, mais nous avons parfois différentes manières de nous manifester. Les diverses expressions de l’humain sont les signifiants d’un même signifié : l’homme. Ce dernier a donc une marge de manœuvre plus ou moins grande qui lui permet de mener la vie digne qui convient. Pour ce faire, il doit travailler son image du monde afin de la rendre adéquate au concept du meilleur des mondes possibles. Il a besoin de faire en sorte (...) que le monde dans lequel il vit ne soit pas ce qu’il est, c’est-a-dire littéralement insensé. Le retour aux valeurs africaines est un ressourcement nécessaire. Il nous permet d’apporter notre pierre à l’édifice humain. D’où l’avènement des différents mouvements de réaction tels que la négritude, l’ethnophilosophie, etc. (shrink)

Nous sommes une seule et même espèce humaine, mais nous avons parfois différentes manières de nous manifester. Les diverses expressions de l’humain sont les signifiants d’un même signifié : l’homme. Ce dernier a donc une marge de manœuvre plus ou moins grande qui lui permet de mener la vie digne qui convient. Pour ce faire, il doit travailler son image du monde afin de la rendre adéquate au concept du meilleur des mondes possibles. Il a besoin de faire en sorte (...) que le monde dans lequel il vit ne soit pas ce qu’il est, c’est-a-dire littéralement insensé. Le retour aux valeurs africaines est un ressourcement nécessaire. Il nous permet d’apporter notre pierre à l’édifice humain. D’où l’avènement des différents mouvements de réaction tels que la négritude, l’ethnophilosophie, etc. (shrink)

Mireille Hadas-Lebel shines a spotlight on the complex life and works of Philo, the illustrious Alexandrian Jewish philosopher, offering a fascinating insight into a seminal religious thinker at the crossroads of Judaism and Hellenism.

Five major claims are made in our paper on strategic voting within the context of Japan's multimember single non-transferable vote (SNTV) electoral system (Fournier and Kohno, 2000). Two claims deal with the reconciliation of Steven Reed's (1990) and Gary Cox's (1997) important work on extending Duverger's law to the Japanese case, and three claims deal with the informational effects of partisan labels on strategic voting.

. Three logical squares of predication or quantification, which one can even extend to logical hexagons, will be presented and analyzed. All three squares are based on ideas of the non-traditional theory of predication developed by Sinowjew and Wessel. The authors also designed a non-traditional theory of quantification. It will be shown that this theory is superfluous, since it is based on an obscure difference between two kinds of quantification and one pays a high price for differentiating in this way: (...) losing the definability between the existence- and all-quantifier. Therefore, a combination of non-traditional predication and classical quantification is preferred here. (shrink)

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)

Within science technology and society studies the focus has long been on descriptive microanalyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is needed that does (...) not depend on the intention of whoever designed either a law or a technology. Furthermore this contribution develops the idea that modern law, which has been mediated by the technologies of the script and the printing press, may need to rearticulate its basic tenets into emerging technologies in order to sustain what has been called the paradox of the 'Rechtsstaat'. (shrink)

The Truth and Reconciliation Commission of Canada made it clear that understanding the historical, social, cultural, and political landscape that shapes the relationships between Indigenous peoples and social institutions, including the health care system, is crucial to achieving social justice. How to translate this recognition into more equitable health policy and practice remains a challenge. In particular, there is limited understanding of ways to respond to situations in which conventional practices mandated by the state and regulated by its legal apparatus (...) come into direct conflict with the values and autonomy of Indigenous individuals, communities, and nations. In this paper, we consider two cases of conflict between Indigenous and biomedical perspectives to clarify some of the competing values. We argue for the importance of person‐ and people‐centered approaches to health care. These value conflicts must be understood at multiple levels to clarify their personal, social, cultural, and political dimensions. Taking into account the divergence between epistemic cultures and communities allows us to understand the multiple narratives deployed in decision‐making processes in clinical, community, and juridical contexts. Recognizing the knowledge claims of Indigenous peoples in health care can help clinicians avoid reinforcing the divides created by the structural and institutional legacy of colonialism. This analysis also provides ways to adjudicate conflicts in health care decision‐making by disentangling cultural, political, medical, and pragmatic issues to allow for respectful dialogue. Insofar as the engagement with cultural pluralism in health care rights is conducted with reciprocal recognition, the medical community and Indigenous peoples can address together the difficult question of how to integrate different epistemic cultures in the health care system. (shrink)

Cet essai développe une analyse critique de la mondialisation basée sur des recherches de terrains entreprises dans la décennie 2010 à Cuba, plus particulièrement à La Havane. L’enseignement de la mondialisation dans les universités anglo-saxonnes au Canada et en Grande-Bretagne dans les années 2000 se caractérisait par une peur de l’homogénéisation de la culture, puis de l’application d’une approche ethnographique pour l’exploration du processus d’appropriation culturelle engendrée par les interactions entre le local et le transnational. Des recherches de terrain ont (...) cependant montré, parfois de manière concrète, comment la vision de la mondialisation composée de systèmes de circulations fluides et sans tension était utopique et non pertinente dans le contexte cubain (et probablement dans tous les pays de l’hémisphère Sud). L’histoire du « dossier dubstep » racontée ici permet d’illustrer le sentiment de décalage tel qu’exprimé par des DJs et producteurs de musique électronique à La Havane et leur désir d’entrer dans la danse. Enfin, cet essai jette un regard critique sur une vision fluide des échanges, souvent associée au concept de circulation et, par extension, au phénomène de la mondialisation. (shrink)

This discussion note does three things: it explains the notion of ‘legal protection by design’ in relation to data-driven infrastructures that form the backbone of our new ‘onlife world’, it explains how the notion of ‘by design’ relates to the relational nature of what an environment affords its inhabitants, referring to the work of James Gibson, and it explains how this affects our understanding of human capabilities in relation to the affordances of changing environments. Finally, this brief note argues that (...) ‘safer by design’ in the case of nanotechnology will require legal protection by design to make sure that human capabilities are reinvented and sustained in nano-technical environments. (shrink)

Anticipating the ethical impact of emerging technologies is an essential part of responsible innovation. One such emergent technology is the digital twin which we define here as a living replica of a physical system. A digital twin combines various emerging technologies such as AI, Internet of Things, big data and robotics, each component bringing its own socio-ethical issues to the resulting artefacts. The question thus arises which of these socio-ethical themes surface in the process and how they are perceived by (...) stakeholders in the field. In this report we present the results of a qualitative study into the socio-ethical benefits and socio-ethical risks of using digital twins in healthcare. Employing insights from ethics of technology and the Quadruple Helix theory of innovation, we conducted desk research of white literature and 23 interviews with representatives from the four helixes: industry, research, policy and civil society. The ethical scan revealed several important areas where the digital twin can produce socio-ethical value but also several important areas of socio-ethical risks. We conclude with a reflection on the employed analytical tool and suggestions for further research. (shrink)

Résumé Lors de la disparition progressive du cinéma muet devant le cinéma parlant, la majorité des écrivains, hommes de mots, prennent position en faveur du premier, cristallisant l’idée d’une essence cinématographique idéale liée à la mutité des images, à l’éviction du verbe et à l’autonomie du septième art. On revient ici, au-delà des réactions à ce tournant artistique, sur les raisons de cette construction utopique et de son délitement inéluctable.

A pilot center for clinical ethics in France opened with the establishment of the “Centre d'éthique clinique” at Cochin Hospital in Paris, September 2002. Unlike the longer history in the United States of providing ethics consultation for ethical issues deriving from physician–patient interactions, this center marks a new development in bringing clinical ethics to Europe.

This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and spending capacity. Mireille Hildebrandt claims that we are in transit between an information society and a data-driven society, which has far reaching consequences for the world we depend on. She highlights how the pervasive employment of machine-learning technologies that inform so-called ‘data-driven agency’ threaten (...) privacy, identity, autonomy, non-discrimination, due process and the presumption of innocence. The author argues how smart technologies undermine, reconfigure and overrule the ends of the law in a constitutional democracy, jeopardizing law as an instrument of justice, legal certainty and the public good. Finally, the book calls on lawyers, computer scientists and civil society not to reject smart technologies, explaining how further engaging these technologies may help to reinvent the effective protection of the rule of law. (shrink)

Christiaan Huygens sketched several designs for a simple microscope in his notebooks and in letters to his brother in the course of the year 1678. In this paper the various designs are described. The differences between them mainly concern the improvement of the quality of the image and easy manipulation of the specimens. Huygens' attention to these details is discussed in relation to his own microscopical investigation of micro-organisms. Huygens' designs were widely known in the circles of the learned in (...) Paris, particularly a design characterized by a diaphragm revolver and a specimen revolver. This design was adopted by several instrument makers, who copied the basic construction but changed the appearance. This study substantiates Huygens' influence on the development of contemporary simple microscopes. Moreover, Huygens' approach to the subject of the microscope and microscopy is a good example of the way he usually worked. (shrink)