This article introduces the 2012 Montréal FRAN-HOMA corpus, collected in the Francophone neighborhood of Hochelaga-Maisonneuve, and how it relates to the heritage corpora of Montréal French collected since the 1970s. We discuss the methodological choices made regarding the composition of this corpus including the historical and demo-linguistic information that led to the selection of the Hochelaga-Maisonneuve neighborhood for fieldwork. A presentation of the socially stratified sample and criteria for participant selection is followed by a discussion on data collection and the (...) sociolinguistic interview. After a brief review of the transcription protocol and the advantages of audio-aligned transcription, we provide two illustrations of the revival of research on linguistic variation made possible by this new corpus. (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)

This paper argues that Epictetus’ ethics involves three features which are also present in Aristotle’s discussion of akrasia in the Nicomachean Ethics: 1) A major problem for agents is when they fail to render a universal premise effective at motivating a particular action in accordance with that premise. 2) There are two reasons this occurs: Precipitancy and Weakness. 3) Precipitancy and Weakness can be prevented by gaining a fuller understanding of our beliefs and commitments. This comparison should make clear that (...) akrasia is certainly not absent from Epictetus. Rather a very Aristotelian understanding of why we fail to act in accordance with what we take to be in our own best interests remains at the center of his ethics. (shrink)

This book addresses issues on the nexus of freedom of and property in information, while acknowledging that both hiding and exposing information may affect our privacy. It inquires into the physics, the technologies, the business models, the governmental strategies and last but not least the legal frameworks concerning access, organisation and control of information. It debates whether it is in the very nature of information to be either free or monopolized, or both. Analysing upcoming power structures, new types of colonization (...) and attempts to replace legal norms with techno-nudging, this book also presents the idea of an infra-ethics capable of pre-empting our pre-emption. It discusses the interrelations between open access, the hacker ethos, the personal data economy, and freedom of information, highlighting the ephemeral but pivotal role played by information in a data-driven society. This book is a must-read for those working on the contemporary dimensions of freedom of information, data protection, and intellectual property rights. (shrink)

The Stoic Epictetus famously criticizeshis students for studying Stoicism as ‘mere theory’ and encouraged them to add training to their educational program. This is made all the more interesting by the fact that Epictetus, as a Stoic, was committed to notion that wisdom is sufficient to be virtuous, so theory should be all that’s required to achieve virtue. How are we then to make sense of Epictetus criticism of an overreliance on theory, and his insistence on adding training? This paper (...) argues that this tension can be resolved through an appeal to the metaphor of ‘digesting theory’. Epictetus discusses the digestion of theory in three parts of his existent work. While the use of digestion as a metaphor for moral progress in Epictetus has been noted, an explanation as to exactly what this process consists of has yet to be provided. This paper attempts to provide such an account. I argue that digestion consists of assimilating what we have learnt conceptually, at the level of general principles, into specific beliefs concerning existent objects. I argue further that this process of digestion can only be achieved through what Epictetus calls training (askesis). (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)

The following text is a translation of Semyon Frank’s “L’intuition fondamentale de Bergson” published in Henri Bergson: Essais et témoignages inédits, edited by Albert Béguin and Pierre Thévenaz, Neuchâtel: Éditions de la Baconnière, 1941. In this article, Frank addresses Bergson’s notion of intuition, his anti-intellectualism, his mysticism, his closeness to Lebensphilosophie, the notion of lived experience, the distinction between intuition as pure contemplation and intuition as living knowledge, the distinction between cognition of the atemporal essence of reality and cognition of (...) the world of becoming, pragmatism, the disinterested and open intuitive spiritual attitude vs the utilitarian attitude of social groups closed in on themselves, the transrational vs the irrational, spiritual life, psychic life, the Absolute, and the temporal flux. The article contains criticisms of Bergson on the issues of time and intuition: the durée, the intuitive time, is incomprehensible without an atemporal foundation. Therefore, according to Frank, Plato was correct—contra Bergson—to define time as the moving image of eternity. And, if there is such an atemporal foundation, then, contrary to what Bergson seems to think, intuition as living knowledge cannot be the sole mode of intuition. Moreover, unlike what Bergson appears to think, an intuition of the Absolute would be an intuition of the transrational rather than of the irrational. The translation is preceded by an introduction tracing the genesis of the article, which was commissioned by the Swiss philosopher Pierre Thévenaz. (shrink)

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)

When developing phylogenetic systematics, the entomologist Willi Hennig adopted elements from Nicolai Hartmann’s ontology. In this historical essay I take on the task of documenting this adoption. I argue that in order to build a metaphysical foundation for phylogenetic systematics, Hennig adopted from Hartmann four main metaphysical theses. These are (1) that what is real is what is temporal; (2) that the criterion of individuality is to have duration; (3) that species are supra-individuals; and (4) that there are levels of (...) reality, each of which may be subject to different kinds of law. Reliance on Hartmann’s metaphysics allowed Hennig to ground some of the main theoretical principles of phylogenetic systematics, namely that the biological categories—from the semaphoront to the highest rank—have reality and individuality despite not being universals, and that they form a hierarchy of levels, each of which may require different kinds of explanation. Hartmann’s metaphysics thereby provided a philosophical justification for Hennig’s phylogenetic systematics, both as a theory and as a method of classification. (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)

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.

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)

Before the Darwinian revolution species were thought to be universals. Since then, numerous attempts have been made to propose new definitions. The twentieth-century German philosopher Nicolai Hartmann defined 'species' as an individual system of processes and a process of life of a higher-order. To provide a clear understanding of Hartmann's conception of species, I first present his method of definition. Then I look at Hartmann's Philosophie der Natur (1950) to present his concepts of "organism" and "species." And I end the (...) paper by pointing out two possible systematic inconsistencies. (shrink)

Les notions de «mort» et de «mourir», parfois utilisées sans distinctions dans la littérature, font référence à deux dimensions fort différentes pour la personne en fin de vie, de même que pour toutes les personnes appelées à en prendre soin . Alors que la personne malade voit venir la mort, elle doit vivre son mourir. La mort succède ainsi au mourir, dans le temps. Par ailleurs, une réflexion d’ordre philosophique permet de préciser que la mort s’avère une ordonnance de la (...) nature, elle est privation de la vie et un mystère. Et en tant que mystère, elle prendra forme selon les différentes croyances attribuées à l’immortalité de l’âme. Quant au mourir, il est l’épreuve par excellence d’une situation-limite. De plus, en dépit du caractère unique et individuel de cette expérience nouvelle pour tous, il assume différents visages. Si l’espoir de «connaître une belle mort» se conçoit aisément, le mourir n’en demeure pas moins le moment le plus tragique de l’existence humaine. (shrink)

. 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)

Many liberals cannot help distrusting deliberative democracy theory. In their view, the theory offers no sufficient guarantee that the outcomes of democratic deliberation will be respectful of individual interests generating what they conceive as basic moral rights. The purpose of this text is to provide one argument showing that liberal rights are sufficiently protected within deliberative democracy theory. The argument does not rest on the idea of moral rights or material justice. It rests on the conditions of legitimate law deliberative (...) democracy theory presupposes, namely, the conditions that make concrete the idea of legitimacy as “actual public justification.”. (shrink)

The prominent Russian philosopher Nikolai Lossky and his ex-student Nicolai Hartmann shared many metaphysical and epistemological views, and Lossky is likely to have influenced Hartmann in adopting several of them. But, in the case of axiological issues, it appears that Lossky also borrowed from the axiologies of Hartmann and the latter's Cologne colleague, Max Scheler. The links between the theories of values of Scheler and Hartmann have been studied abundantly, but never in relation to Lossky. In this paper, I examine (...) the manifold relationships – similarities, differences, borrowings, criticisms, and possible influences – between Lossky's axiology and those of Scheler and Hartmann on four key interweaving issues: (1) their ontological realism with regards to the objectivity of values, (2) their epistemological theories of the intuition of values, (3) their ontological definitions of "value", i.e., whether values are relations, qualities, essences, powers, meanings, etc., and (4) their theories of the stratification of values. (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)

This is an editorial that highlights the need for legal both lawyers and legal philosophers to reconsider the role of technologies as key to both law and the Rule of Law.

This article focuses on Stephen Frears's 2003 Dirty Pretty Things. I argue that Frears's portrayal of the encounter between a Nigerian man and a Turkish woman in contemporary London invites us to re-conceptualize the relationship between the migrant and the host country. The film invites us to compare the circulation of migrants across a globalized transnational world to organs removed from one body and implanted into another. It questions our usual definitions of home and belonging, host and guest, health and (...) the power to circulate. It both refers to the hospitality paradigm and radically rephrases it by making us consider the relationship between migrants and nations according to a different grid. It does not simply propose an alternative grand narrative but rewrites a familiar script without trying to erase it. (shrink)

This paper assesses James M. Buchanan's claim of following a positive approach in stark contrast to the normative approach to public finance of Richard A. Musgrave. The goal of this paper is to shed light on the foundations of modern American public finance by analysing one aspect of the methodology of its two most prominent fathers. I show (1) that it is difficult to distinguish Musgrave's and Buchanan's theories of public goods along the positive/normative dividing line and (2) that Buchanan's (...) theory can also be considered normative. In the first three parts, I follow the Weberian methodological tradition in looking for value judgements in the theories, and by reflecting on the nature of ideal types. In the last part, I propose a broader interpretation of Buchanan's methodological stance within the academic context of the 1960s. (shrink)

The Russian philosopher Nikolai Onufrievich Lossky adhered to an evolutionary metaphysics of reincarnation according to which the world is constituted of immortal souls or monads, which he calls ‘substantival agents.’ These substantival agents can evolve or devolve depending on the goodness or badness of their behavior. Such evolution requires the possibility for monads to reincarnate into the bodies of creatures of a higher or of a lower level on the scala perfectionis. According to this theory, a substantival agent can evolve (...) by being gradually reincarnated multiple times through a sort of process of metamorphosis from the level of the most elementary particles all the way up to the level of human beings or even higher. In ‘Ученiе Лейбница о перевоплощенiи какъ метаморфозѣ’, Lossky argues that the works of Leibniz contain scattered elements of such a systematic evolutionary doctrine of reincarnation as metamorphosis and he attempts to reconstitute this doctrine. The present article is intended as an historical introduction to the translation of Lossky’s ‘Leibniz’s Doctrine of Reincarnation as Metamorphosis.’. (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)

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)

Returning to the much-neglected work of George Herbert Mead, this book defines the self and links it to identity and collective action.

In recent years, the sharing economy has attracted considerable attention, both scholarly and popular, relating to its capacity to enforce or undermine extant economic conventions. However, the process through which technological developments can effectively have this outcome of altering extant conventions on what is morally acceptable or desirable is still unclear. In this paper, we draw on the work of Boltanski and Thévenot and the notion of agencement to investigate the moral and performative dimension of controversies related to the SE. (...) The research stems from a qualitative case-based study of the controversy following Uber’s implementation in Montréal’s taxi market. We contribute to the literature on the SE through an empirical study of the moral debates entailed in the unfolding in situ of a SE device. We also add to the literature using the ‘Orders of Worth’ framework by showing how a compromise is solidified. We find that beyond discursive strategies, it is the concrete recomposition of laws, conventions, devices, persons, etc. that harmonised different definitions of the common good. Finally, we contribute to the literature on the relationship between technology, ethics, and social change by capturing the specific values that legitimise Uber, and by following their unfolding throughout a controversy. (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)