Boilerplate, the fine print of standard contracts, is more prevalent than ever in commercial trade and in electronic commerce. But what is in it, beyond legal technicalities? Why is it so hard to read and why is it often so one-sided? Who writes it, who reads it, and what effect does it have? The studies in this volume question whether boilerplate is true contract. Does it resemble a statute? Is it a species of property? Should we think of it as (...) a feature of the product we buy? Does competition improve boilerplate? Looking at the empirical reality in which various boilerplates operate, leading private law experts reveal subtle and previously unrecognized ways in which boilerplate clauses encourage information flow, but also reduce it; how new boilerplate terms are produced, and how innovation in boilerplate is stifled; how negotiation happens in the shadow of boilerplate, and how it is subdued. They offer a new explanation as to why boilerplate is often so one-sided. With emphasis on empiricism and economic thinking, this volume provides a more nuanced understanding of the 'DNA' of market contracts, the boilerplate terms. (shrink)

We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law" - rules that vary person by person - will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, (...) the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. (shrink)

The meritocratic principle of educational justice maintains that it is unfair that individuals with similar ability who invest equal effort, have unequal educational prospects. In this paper I argue that the conception of ability that meritocracy assumes, namely as an innate trait, is critically flawed. Absent a coherent conception of ability, meritocracy loses its ability to morally evaluate educational practices and policies, rendering it an unworkable principle of educational justice. Replacing innate ability with an alternative conception of ability is, therefore, (...) crucial for meritocratic educational justice. I propose incorporating an alternative conception of ability into meritocracy—as the ″current limits of student ability″. The account of meritocracy that follows entails that unequal educational prospects are fair only when they result from the constraints of individual potential (or from differential effort). I argue that this potential-based account of meritocracy, though demanding, is a plausible and attractive account of educational justice. (shrink)

In this paper I present and defend a highly demanding principle of justice in education that has not been seriously discussed thus far. According to the suggested approach, “all the way equality”, justice in education requires nothing short of equal educational outcome between all individual students. This means not merely between equally able children, or between children from different groups and classes, but rather between all children, regardless of social background, race, sex and ability. This approach may seem implausible at (...) first, due to the far-reaching implications it entails, primarily its requirement to deny better-off children their advantage for the sake of equality. However the paper argues that all-the-way-equality, in fact, does a better job realizing the goals of justice in education than alternative conceptions of justice. It is further argued that at least some of the principle’s most radical consequences, those that make it seem counterintuitive, can be mitigated by balancing all-the-way-equality with competing interests. (shrink)

In this book, Tal Ben-Shahar introduces a new interdisciplinary field of study that is dedicated to exploring happiness. The study of happiness ought not be left to psychologists alone. Philosophers, theologians, biologists, economists, and scholars from other disciplines have explored ways of attaining happiness, and to do justice to this important pursuit, we ought to listen to their words and experiment with their prescriptions. Not only does the field of happiness studies embrace different disciplines, it also approaches happiness as (...) a multifaceted and multidimensional variable that includes five parts which form the acronym SPIRE: Spiritual wellbeing Physical wellbeing Intellectual wellbeing Relational wellbeing Emotional wellbeing This book addresses each of these elements of happiness, explains them, and addresses practical ways for their cultivation. (shrink)

The importance of education and its profound effect on people's life make it a central issue in discussions of distributive justice. However, promoting distributive justice in education comes at a price: prioritising the education of some, as is often entailed by the principles of justice, inevitably has negative effects on the education of others. As a result, all theories of distributive justice in education face the challenge of balancing their requirements with conflicting interests. This article aims to contribute to developing (...) an account of conflicting interests by identifying a category of conflicting interests—non-positional conflicting interests—the realisation of which does not necessarily disrupt distributive justice. Non-positional conflicting interests include, for example, the interest in realising one's full potential and parents’ interest in familial relations. The article argues that the core dimensions of non-positional conflicting interests can usually be realised without upsetting distributive justice, and that actions that do upset distributive justice tend to be peripheral to these interests. Either way, there is no severe friction between distributive justice and non-positional conflicting interests: in the former cases, both are realised simultaneously. In the latter, tension exists; however, because the infringement on the conflicting interest is of relatively little weight, it is often justified, all things considered, in order to promote distributive justice. The conclusion is that while there are indeed cases in which distributive justice must retreat in the face of other interests, the friction between distributive justice and other interests is actually weaker than meets the eye. (shrink)

Journal of Social Philosophy, EarlyView.

ABSTRACTMost legal theorists and philosophers of law who work in the analytic tradition believe that intellectual progress in their fields necessarily means going ‘deeper’: coming up with more nuan...

This paper addresses the phenomenon of judicial greatness by developing a general concept of greatness and applying it to law. Under the view offered in the paper, greatness is connected to theoretical or methodological diversification. When applied to adjudication, this means that great judges are revered because they successfully make a prima facie case for their novel adjudicative methods. This is not a judicial duty but rather a voluntary project. However, once a judge succeeds in making such a prima facie (...) case, he is exempt from other judicial duties. This thesis challenges many theories of judicial duty, which do not allow normative room for supererogatory actions in law. The paper demonstrates these claims by discussing two paradigmatic great judges – Chief Justice Marshall and Justice Holmes. (shrink)

This paper offers a new interpretation of Nietzsche's ‘higher men’ doctrine, which explains how he can simultaneously hold the following two positions: first, that higher types are especially important or valuable; and second, that all moral claims are false. Nietzsche can coherently subscribe to both views by arguing that higher types have wide inter-subjective value to lower types. More specifically, higher men, who are mainly characterized by their strong, commanding nature, fulfill a psychological need, common in most humans—the need to (...) obey. The paper develops this conception of higher types and shows how it relates to Nietzsche's insights on culture, nihilism, and becoming. (shrink)

This paper offers a new interpretation of Nietzsche's ‘higher men’ doctrine, which explains how he can simultaneously hold the following two positions: first, that higher types are especially important or valuable; and second, that all moral claims are false. Nietzsche can coherently subscribe to both views by arguing that higher types have wide inter-subjective value to lower types. More specifically, higher men, who are mainly characterized by their strong, commanding nature, fulfill a psychological need, common in most humans—the need to (...) obey. The paper develops this conception of higher types and shows how it relates to Nietzsche's insights on culture, nihilism, and becoming. (shrink)

Purposeful infection of healthy volunteers with a microbial pathogen seems at odds with acceptable ethical standards, but is an important contemporary research avenue used to study infectious diseases and their treatments. Generally termed ‘controlled human infection studies’, this research is particularly useful for fast tracking the development of candidate vaccines and may provide unique insight into disease pathogenesis otherwise unavailable. However, scarce bioethical literature is currently available to assist researchers and research ethics committees in negotiating the distinct issues raised by (...) research involving purposefully infecting healthy volunteers. In this article, we present two separate challenge studies and highlight the ethical issues of human challenge studies as seen through a well-constructed framework. Beyond the same stringent ethical standards seen in other areas of medical research, we conclude that human challenge studies should also include: independent expert reviews, including systematic reviews; a publicly available rationale for the research; implementation of measures to protect the public from spread of infection beyond the research setting; and a new system for compensation for harm. We hope these additions may encourage safer and more ethical research practice and help to safeguard public confidence in this vital research alternative in years to come. (shrink)

Strategies to increase influenza vaccination rates have typically targeted healthcare professionals and individuals in various high-risk groups such as the elderly. We argue that they should focus on increasing vaccination rates in children. Because children suffer higher influenza incidence rates than any other demographic group, and are major drivers of seasonal influenza epidemics, we argue that influenza vaccination strategies that serve to increase uptake rates in children are likely to be more effective in reducing influenza-related morbidity and mortality than those (...) targeting HCPs or the elderly. This is true even though influenza-related morbidity and mortality amongst children are low, except in the very young. Further, we argue that there are no decisive reasons to suppose that children-focused strategies are less ethically acceptable than elderly or HCP-focused strategies. (shrink)

According to Fogelin’s account of deep disagreements, disputes caused by a clash in framework propositions are necessarily rationally irresolvable. Fogelin’s thesis is a claim about real-life, and not purely hypothetical, arguments: there are such disagreements, and they are incapable of rational resolution. Surprisingly then, few attempts have been made to find such disputes in order to test Fogelin’s thesis. This paper aims to rectify that failure. Firstly, it clarifies Fogelin’s concept of deep disagreement and shows there are several different breeds (...) of such disagreements. Thus, to fully assess Fogelin’s thesis, it will be necessary to seek out cases of each breed to evaluate their rational irresolvability. Secondly, it begins this task by looking at a significant debate within the logical literature over the truth of contradictions. We demonstrate that, while the debate exemplifies a breed of deep disagreement, the parties involved can supply one another with rationally compelling reasons. (shrink)

This book stems from an examination of how Western philosophy has accounted for the foundations of law. In this tradition, the character of the “sovereign” or “lawgiver” has provided the solution to this problem. But how does the sovereign acquire the right to found law? As soon as we ask this question we are immediately confronted with a convoluted combination of jurisprudence and theology. The author begins by tracing a lengthy and deeply nuanced exchange between Derrida and Nancy on the (...) question of community and fraternity and then moves on to engage with a diverse set of texts from the Marquis de Sade, Saint Augustine, Kant, Hegel, and Kafka. These texts—which range from the canonical to the apocryphal—all struggle in their own manner with the question of the foundations of law. Each offers a path to the law. If a reader accepts any path as it is and follows without question, the law is set and determined and the possibility of dialogue is closed. The aim of this book is to approach the foundations of law from a series of different angles so that we can begin to see that those foundations are always in question and open to the possibility of dialogue. (shrink)

Interactive robots are used increasingly not only in entertainment and service robotics, but also in rehabilitation, therapy and education. The work presented in this paper is part of the Aurora project, rooted in assistive technology and robot-human interaction research. Our primary aim is to study if robots can potentially be used as therapeutically or educationally useful ‘toys’. In this paper we outline the aims of the project that this study belongs to, as well as the specific qualitative contextual perspective that (...) is being used. We then provide an in-depth evaluation, in part using Conversation Analysis, of segments of trials where three children with autism interacted with a robot as well as an adult. We focus our analysis primarily on joint attention which plays a fundamental role in human development and social understanding. Joint attention skills of children with autism have been studied extensively in autism research and therefore this behaviour provides a relevant focus for our study. In the setting used, joint attention emerges from natural and spontaneous interactions between a child and an adult. We present the data in the form of transcripts and photo stills. The examples were selected from extensive video footage for illustrative purposes, i.e. demonstrating how children with autism can respond to the changing behaviour of their co-participant, i.e. the experimenter. Furthermore, our data shows that the robot provides a salient object, or mediator for joint attention. The paper concludes with a discussion of implications of this work in the context of further studies with robots and children with autism within the Aurora project, as well as the potential contribution of robots to research into the nature of autism. (shrink)

This article studies the impact of a robot’s appearance on interactions involving four children with autism. This work is part of the Aurora project with the overall aim to support interaction skills in children with autism, using robots as ‘interactive toys’ that can encourage and mediate interactions. We follow an approach commonly adopted in assistive robotics and work with a small group of children with autism. This article investigates which robot appearances are suitable to encourage interactions between a robot and (...) children with autism. The children’s levels of interaction with and response to different appearances of two types of robots are compared: a small humanoid doll, and a life-sized ‘Theatrical Robot’. The small humanoid robot appeared either as a human-like ‘pretty doll’ or as a ‘robot’ with plain features. The Theatrical Robot was presented either as an ordinary human, or with plain clothing and a featureless, masked face. The results of these trials clearly indicate the children’s preference in their initial response for interaction with a plain, featureless robot over the interaction with a human-like robot. In the case of the life-size Theatrical Robot, the response of children towards the plain/robotic robot was notably more social and pro-active. Implications of these results for our work on using robots as assistive technology for children with autism and their possible use in autism research are discussed. (shrink)

None of us can avoid being interested in food. Our very existence depends on the supply of safe, nutritious foods. It is then hardly surprising that food has become the focus of a wide range of ethical concerns: Is the food we buy safe? Is it produced by means which respect the welfare of animals and sustain the land? Are modern biotechnologies employed in food production immoral? This book addresses such issues by applying ethical principles to many areas of current (...) concern. The contributors provide original and thought-provoking treatments of a number of highly topical issues - from global hunger and its ethical implications to the cultural habits affecting consumption. This interdisciplinary study will prove to be essential reading for all those concerned with food, as professionals, students or consumers. (shrink)

None of us can avoid being interested in food. Our very existence depends on the supply of safe, nutritious foods. It is then hardly surprising that food has become the focus of a wide range of ethical concerns: Is the food we buy safe? Is it produced by means which respect the welfare of animals and sustain the land? Are modern biotechnologies employed in food production immoral? This book addresses such issues by applying ethical principles to many areas of current (...) concern. The contributors provide original and thought-provoking treatments of a number of highly topical issues - from global hunger and its ethical implications to the cultural habits affecting consumption. This interdisciplinary study will prove to be essential reading for all those concerned with food, as professionals, students or consumers. (shrink)

It is increasingly clear that law and its enforcement in Victorian Britain were quite effective in tackling formative industrial problems concerning pollution and broader threats to nature. What is unclear is the political philosophy, if any, underlying this historic achievement. A prevalent view is that early ‘environmental’ law lacked any philosophical underpinning. The article revisits this issue with reference to Dicey’s analysis of 19th century ‘law-making public opinion’. Dicey identified three broad streams of seminal opinion that, he argued, shaped laws (...) as the century unfolded. The early part of the century was dominated by ‘Old Toryism’, including the romantic conservatism associated with Samuel Taylor Coleridge. This then gave ground to ‘Benthamism’ which in turn ceded dominance to ‘collectivism’. Whilst Dicey ignored laws relating to the environment, I argue that this is not because these presented a particular difficulty for his thesis. Indeed, all three seams of ‘law-making opinion’ converged around the legal protection of nature to offer a rich and diverse philosophical foundation for environmental law. (shrink)

Media studies as a field has traditionally been wary of the question of technology. Discussion of technology has often been restricted to relatively sterile debates about technological determinism. In recent times there has been renewed interest, however, in the technological dimension of media. In part this is doubtless due to rapid changes in media technology, such as the rise of the internet and the digital convergence of media technologies. But there are also an increasing number of writers who seem to (...) believe that media theory, and more widely social science and the humanities, needs to rethink the question of technology and its relationship to society, culture and cultural production. Andrew Feenberg has characterized the two most dominant positions as, on the one hand, the social constructivist or 'technology studies' approach to technology, and, on the other, 'substantivist' theories of technology. The social constructivist approach, aims to counter technological determinism by showing how the development of technology is shaped not by technical and scientific progress but by contingent social, cultural and economic forces. The limitation of this view, however, is that it tends to see technology as no different from any other social process and it may lose the ability to distinguish between the technical object and any other social formation or cultural artefact. Doubtless constructivism would like to see technology as a subset of the cultural artefact and not vice versa, therefore explaining technology in terms of culture and society. But there are powerful arguments for arguing something like the opposite: in other words for understanding culture and society in terms of or as technical objects. In recent years this argument has been put most forcefully by the French philosopher Bernard Stiegler and it is to his work and its implications for media theory that this essay is dedicated. In particular I will show how Stiegler might defend his ideas around technics from the charge of technological determinism. Firstly, technics is not understood in the narrow sense of techno-scientific technology but in the wider sense of all the ways in which the human is exteriorised into artefacts or organized inorganic matter. Technics in this sense is therefore inseparable from culture and society and it makes no sense either to talk of technics determining culture and society or vice versa. Culture and society are not constituted by technics as if by a cause but rather constituted through it. Secondly, a technics in Stiegler's sense does not represent scientific progress or a deterministic evolution; rather, however strange this may seem, technics is a kind of pure accidentality or contingency. For Stiegler it is because of the exteriorisation of the human into artefacts or inorganic organized matter that culture and society constitute themselves contingently. Stiegler's work therefore offers a way for us to rethink the relationship between culture and technology in ways which can productively reconfigure the concerns of critical theory. (shrink)

Older adults process emotional speech differently than young adults, relying less on prosody (tone) relative to semantics (words). This study aimed to elucidate the mechanisms underlying these age-related differences via an emotional speech-in-noise test. A sample of 51 young and 47 older adults rated spoken sentences with emotional content on both prosody and semantics, presented on the background of wideband speech-spectrum noise (sensory interference) or on the background of multi-talker babble (sensory/cognitive interference). The presence of wideband noise eliminated age-related differences (...) in semantics but not in prosody when processing emotional speech. Conversely, the presence of babble resulted in the elimination of age-related differences across all measures. The results suggest that both sensory and cognitive-linguistic factors contribute to age-related changes in emotional speech processing. Because real world conditions typically involve noisy background, our results highlight the importance of testing under such conditions. (shrink)

Marrying lyrical close reading with critical awareness, Novel Style argues for the ethical value of elaborate styles of writing and demonstrates that artistic excessiveness can provide dynamic responses to the moral complexities of our times.

ABSTRACTThis paper offers a framework for ethical analysis of reputation management practices. First, it outlines various articulations of the ethos of digital-age reputation defense as advanced by...

If respect for the dignity of non-human creatures is to be an element of public policy it needs, as a first step, to be assimilated into the common morality. It is suggested that such respect may be based on several philosophical premises. Limiting the discussion to sentient animals, the paper reviews three of these: the concept of animal telos; the application of Rawlsian contractarianism to the case of non-human animals as moral patients; and human attitudes to animals in the light (...) of virtue theory. Consideration is then given to the extent to which, by accommodating respect for the dignity of animals within the common morality, these principles might find more substantive expression in public policy. (shrink)

Current research claims loneliness is passively _caused_ by external conditions: environmental, cultural, situational, and even chemical imbalances in the brain and hence avoidable. In this book, the author argues that loneliness is actively _constituted_ by acts of reflexive self-consciousness and transcendent intentionality and therefore unavoidable.