A collective volume in memoriam Mihail Radu Solcan.

Intellectual property is one of the highly divisive issues in contemporary philosophical and political debates. The main objective of this paper is to explore some sources of tension between the formal rules of intellectual property (particularly copyright and patents) and the emerging informal norms of file sharing and open access in online environments. We look into the file sharing phenomena not only to illustrate the deepening gap between the two sets of norms, but to cast some doubt on the current (...) regime of intellectual property as an adequate frame for the new type of interactions in online environments. Revisiting the classic Arrow–Demsetz debate about intellectual property and the epistemological issues involved in assessing institutions, we suggest that seeking out new institutional arrangements aligned with the norms-in-use seems to be a more promising strategy in the new technological setting than attempting to reinforce the current legal framework. Moreover, such a strategy is less prone to committing the so-called ‘Nirvana fallacies’. As a secondary task, we try to cast some doubt on the two most common moral justifications of intellectual property as being able to ground the full extent of the current intellectual property regime. (shrink)

This article aims to explore two different but interrelated problems. The first objective, the more abstract one, is to discuss the plausibility of fusionism as a theoretical project of bridging the philosophical gap between libertarianism and free-market conservatism. Our thesis is that while fusionism could succeed, as a strategic alliance, in promoting specific policies, the differences between libertarianism and conservatism are irreconcilable at the level of fundamental intellectual assumptions. More precisely, starting from Hayek’s objections to conservatism, we argue that the (...) crucial divide is that between two conceptions about the prerequisites for social order. The second objective is to show how the differences between the policy prescriptions endorsed by conservatives and libertarians within the Tea Party (mainly with regard to religion-related issues) are illustrative for the theoretical point defended in the first sections. (shrink)

„Strategia noastră a fost de a gândi un text util pentru profesori, dar de a-l scrie mai ales pentru studenți. Etica este interesantă cu precădere atunci când pune în joc intuiții morale sau valori diferite și când ne confruntăm cu dileme în care decizia nu este evidentă, iar dezacordul este rezonabil. Prin urmare, am încercat să ne ferim pe cât a fost posibil de verdicte și de simpla enumerare a unor interdicții. Veți observa că, de cele mai multe ori, exercițiile (...) și temele de discuție nu au soluții impuse. Nu pentru că autorii manualului nu ar adera la anumite soluții (poate nu la aceleași!), ci pentru că ni s-a părut mult mai importantă conturarea problemelor. Dilemele și întrebările deschise generează dezbateri și prilejuiesc reflecție. Sentințele, pe de altă parte, tind să ucidă discuția și să prilejuiască mai curând reacții de îmbrățișare sau de respingere vehementă. Dacă vom ajunge, în comunitățile noastre profesionale și în societate, să vorbim mai mult unii cu alții și mai puțin unii la alții, vom fi făcut probabil un pas major în direcția corectă pentru dezvoltarea unei atitudini morale.” (Autorii). (shrink)

The purpose of the present study is that of examining what I call Robert Nozick’s “evolutionist turn” in ethics. More specifically, my aim is to provide an answer to the following question: what type of ethical theory does Robert Nozick sketch in his last book, Invariances? My first objective will be that of delineating the philosophical framework which will accommodate my future discussion, highlighting the distinction between the metaphysical and scientific approaches to ethics as proposed by Ken Binmore, but also (...) Emanuel Socaciu's taxonomy of ethical theories, which stems from the particular way in which moral philosophers tackle the nature of ethical norms and moral motivation. I then set forth to show that, in the philosophical framework previously described, Robert Nozick's approach from Anarchy, State, and Utopia should be seen as a metaphysical one. The last and most important part of my study aims to show how Nozick's “evolutionist turn” took place and developed, from his perspective on rationality in The Nature of Rationality, to his ethical theory advanced in Invariances. (shrink)

Foundation models such as GPT-4 are fine-tuned to avoid unsafe or otherwise problematic behavior, such as helping to commit crimes or producing racist text. One approach to fine-tuning, called reinforcement learning from human feedback, learns from humans' expressed preferences over multiple outputs. Another approach is constitutional AI, in which the input from humans is a list of high-level principles. But how do we deal with potentially diverging input from humans? How can we aggregate the input into consistent data about "collective" (...) preferences or otherwise use it to make collective choices about model behavior? In this paper, we argue that the field of social choice is well positioned to address these questions, and we discuss ways forward for this agenda, drawing on discussions in a recent workshop on Social Choice for AI Ethics and Safety held in Berkeley, CA, USA in December 2023. (shrink)

It has become increasingly difficult for individuals to exercise meaningful control over the personal data they disclose to companies or to understand and track the ways in which that data is exchanged and used. These developments have led to an emerging consensus that existing privacy and data protection laws offer individuals insufficient protections against harms stemming from current data practices. However, an effective and ethically justified way forward remains elusive. To inform policy in this area, we propose the Ethical Data (...) Practices framework. The framework outlines six principles relevant to the collection and use of personal data—minimizing harm, fairly distributing benefits and burdens, respecting autonomy, transparency, accountability, and inclusion—and translates these principles into action-guiding practical imperatives for companies that process personal data. In addition to informing policy, the practical imperatives can be voluntarily adopted by companies to promote ethical data practices. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The latest (...) treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

Initial vaccine allocations for the coronavirus disease 2019 (COVID-19) will be limited. It is crucial to assess the ethical values associated with different methods of allocation, as well as important scientific and practical questions. This Viewpoint identifies three ethical values, benefiting people and limiting harm; prioritizing disadvantaged populations; and equal concern for all. It then explains why these values support prioritizing three groups: health care workers; other essential workers and people in high-transmission settings; and people with medical vulnerabilities associated with (...) poorer COVID-19 outcomes. In contrast, two other groups, people over 65 without medical vulnerabilities and participants in clinical research, present more complex ethical questions. This prioritization also encompasses valuing direct benefits to vaccinated individuals, indirect benefits to individuals protected from spread of infection, and indirect health and socioeconomic benefits to those protected from harm as health system and societal functioning improve. Vaccine allocation that recognizes important ethical values and avoids arbitrariness, waste, and corruption can ensure that the distribution of a COVID-19 vaccine is both fair and perceived as fair. (shrink)

The aim of this paper is to argue that lying differs from mere misleading in a way that can be morally relevant: liars commit themselves to something they believe to be false, while misleaders avoid such commitment, and this difference can make a moral difference. Even holding all else fixed, a lie can therefore be morally worse than a corresponding misleading utterance. But, we argue, there are also cases in which the difference in commitment makes lying morally better than misleading, (...) as well as cases in which the difference is not morally relevant. This view conflicts with the two main positions philosophers have defended in the ethics of lying and misleading, which entail either that lying is in virtue of its nature worse than misleading or that there is no morally relevant difference between lying and misleading. (shrink)

Countermeasures for mpox (formerly known as monkeypox), primarily vaccines, have been in limited supply in many countries during outbreaks. Equitable allocation of scarce resources during public health emergencies is a complex challenge. Identifying the objectives and core values for the allocation of mpox countermeasures, using those values to provide guidance for priority groups and prioritisation tiers, and optimising allocation implementation are important. The fundamental values for the allocation of mpox countermeasures are: preventing death and illness; reducing the association between death (...) or illness and unjust disparities; prioritising those who prevent harm or mitigate disparities; recognising contributions to combating an outbreak; and treating similar individuals similarly. Ethically and equitably marshalling available countermeasures requires articulating these fundamental objectives, identifying priority tiers, and recognising trade-offs between prioritising the people at the highest risk of infection and the people at the highest risk of harm if infected. These five values can provide guidance on preferable priority categories for a more ethically sound response and suggest methods for optimising allocation of countermeasures for mpox and other diseases for which countermeasures are in short supply. Properly marshalling available countermeasures will be crucial for future effective and equitable national responses to outbreaks. (shrink)

Frequent public uproar over forms of data science that rely on information about people demonstrates the challenges of defining and demonstrating trustworthy digital data research practices. This paper reviews problems of trustworthiness in what we term pervasive data research: scholarship that relies on the rich information generated about people through digital interaction. We highlight the entwined problems of participant unawareness of such research and the relationship of pervasive data research to corporate datafication and surveillance. We suggest a way forward by (...) drawing from the history of a different methodological approach in which researchers have struggled with trustworthy practice: ethnography. To grapple with the colonial legacy of their methods, ethnographers have developed analytic lenses and researcher practices that foreground relations of awareness and power. These lenses are inspiring but also challenging for pervasive data research, given the flattening of contexts inherent in digital data collection. We propose ways that pervasive data researchers can incorporate reflection on awareness and power within their research to support the development of trustworthy data science. (shrink)

Initial responses to questionnaires used to assess participants' understanding of informed consent for malaria vaccine trials conducted in the United States and Mali were tallied. Total scores were analyzed by age, sex, literacy (if known), and location. Ninety-two percent (92%) of answers by United States participants and 85% of answers by Malian participants were correct. Questions more likely to be answered incorrectly in Mali related to risk, and to the type of vaccine. For adult participants, independent predictors of higher scores (...) were younger age and female sex in the United States, and male sex in Mali. Scores in the United States were higher than in Mali (P = 0.005). Despite this difference participants at both sites were well informed overall. Although interpretation must be qualified because questionnaires were not intended as research tools and were not standardized among sites, these results do not support concerns about systematic low understanding among research participants in developing versus developed countries. (shrink)

Coronavirus disease 2019 can lead to respiratory failure. Some patients require extracorporeal membrane oxygenation support. During the current pandemic, health care resources in some cities have been overwhelmed, and doctors have faced complex decisions about resource allocation. We present a case in which a pediatric hospital caring for both children and adults seeks to establish guidelines for the use of extracorporeal membrane oxygenation if there are not enough resources to treat every patient. Experts in critical care, end-of-life care, bioethics, and (...) health policy discuss if age should guide rationing decisions. (shrink)

Las organizaciones sin fines de lucro han sufrido grandes cambios. Dejó de ser un sector empobrecido, donde se recibían como donaciones aquel dinero que les sobraba a los grandes empresarios, y donde sólo tenían cabida las personas voluntarias. Hoy en día es un sector marcado por el trabajo de personas profesionales y por ser organizaciones capaces de llenar los espacios que ha dejado el Estado sin atender. Además de ser organizaciones inteligentes, con estructuras flexibles, que les permiten responder de manera (...) ágil a los requerimientos de su entorno. Sin embargo para que el sector sin fines de lucro pueda evolucionar de manera exitosa, no sólo necesitan de la labor de sus miembros, también necesitan del compromiso del estado, las universidades y las entidades privadas. Un compromiso que se haga visible a través de alianzas de colaboración entre sí, y así de esta manera trabajar conjuntamente en el desarrollo humano y la inclusión social en Chile. (shrink)

Traditionally, biomedical research has been devoted to improvement in the understanding and treatment or prevention of disease. Building on the knowledge generated by the long history of disease-oriented research, the next few decades will witness an explosion of biomedical enhancements to make people faster, stronger, smarter, less forgetful, happier, prettier, and live longer (Turner et al. 2003; Vastag 2004; Rose 2002). As with other biomedical interventions, research to assess the safety and efficacy of these enhancements in humans should be conducted (...) before their introduction into clinical practice.1 However, various concerns regarding the ethics of enhancement research could be raised. Those who .. (shrink)

Coronavirus disease is having an unprecedented and unpredictable impact on the world's economy. The pandemic has driven the world toward adapting to the current circumstances regardless of the business, sector, or industry. The coronavirus epidemic has affected the global economy and service sector. The purpose of the current study is to assess the effect of COVID-19 on service sector growth and sustainability. Global sectors and industries are trying to anchor themselves amidst the pandemic. The study focuses on the sectors that (...) are badly hit by the outbreak and discussed the strategies and responses different countries are taking to sustain their economies. This study concludes that the vital role of Information Technology and digitization supports the economies in their fight against the pandemic and helps them sustain themselves amid crises. This study also contributes to the body of literature by suggesting IT-based solutions for various industries to elevate effective responsiveness and avoid significant losses. (shrink)

Defeasible argumentation has been applied successfully in several real-world domains in which it is necessary to handle incomplete and contradictory information. In recent years, there have been interesting attempts to carry out argumentation processes supported by massive repositories developing argumentative reasoning applications. One of such efforts builds arguments by retrieving information from relational databases using the DBI-DeLP framework; this article presents eDBI-DeLP, which extends the original DBI-DeLP framework by providing two novel aspects which refine the interaction between DeLP programs and (...) relational databases. First, we expand the expressiveness of dbi-delp programs by providing ways of controlling how the information in databases is recovered; this is done by introducing filters that enable an improved fine-grained control on the argumentation processes which become useful in applications, providing the semantics and the implementation of such filters. Second, we introduce an argument comparison criterion which can be adjusted at the level of literals to model particular features such as credibility and topic expertise, among others. These new tools can be particularly useful in environments such as medical diagnosis expert systems, decision support systems, or recommender systems based on argumentation, where datasets are often provided in the form of relational databases. (shrink)

Two recent articles [Gronchi et al., Citation2018. Automatic and controlled attentional orienting in the elderly: A dual-process view of the positivity effect. Acta Psychologica, 185, 229–234; Wirth & Wentura, Citation2020. It occurs after all: Attentional bias towards happy faces in the dot-probe task. Attention, Perception, & Psychophysics, 82(5), 2463–2481] report attentional biases for happy facial expressions in the dot-probe paradigm, albeit in different directions. While Wirth and Wentura report a bias towards happy expressions, Gronchi et al. found a reversed effect. (...) A striking difference between the studies was the task performed by the participants. While in Wirth and Wentura, participants performed a discrimination task, they performed a location task in Gronchi et al. In Experiment 1, we directly compared the two versions of the dot-probe paradigm. With the discrimination task, the bias towards happy faces was replicated. However, the location task yielded a null effect. In Experiment 2, we found a cueing effect with an abrupt onset cue in both tasks. However, for the location task a congruence-sequence effect (a typical characteristic of response-priming processes) occurred. This result suggests that in the location task, attentional processes are confounded with response-priming processes. We recommend to generally use discrimination tasks. (shrink)

The congregation is challenged by modern times that require various life adjustments, including priestly pastoral ministry. Therefore, this study examined the pastoral ministry style for the parishioner’s rural community of St. Petrus Paulus Ampah Diocese in Palangka Raya. A descriptive qualitative approach was used with data collected using participatory observations, in-depth interviews and document studies. Furthermore, the data analysis involved reducing, displaying and process verification. The participants included parish priests, catechists and station council administrators. The results showed that the congregations (...) did not participate in church activities because the pastoral ministry style did not fulfil their needs, economic factors and lack of Catholic faith knowledge. Therefore, the church authorities in pastoral ministry should create a holistic and transformative congregation based on their needs. The current pastoral ministry practice is based on ecclesiastical organisation building and worship (liturgy) focused service. The church should simultaneously conduct catechism practices and charitable diaconia such as social, economic and spiritual activities. This was an interdisciplinary study that focused on practical and pastoral theology, catechesis and social sciences on Catholics’ pastoral ministry style for rural communities.Contribution: Importantly, it contributes to the literature on pastoral style reforms focusing on the congregation’s socio-economic life. Therefore, it can improve the congregation’s interests, ecclesiastical activities and independence. (shrink)

Informed consent documents are central to the informed consent process and are required for participation in clinical trials in the U.S. The primary purpose of the document is “to assist a prospect...

A predominância dos temas literários e fenomenológicos nos textos sartrianos dos anos 1930 já chamou atenção de vários especialistas e comentadores da obra do autor. É notável, entretanto, como os exames dos textos dessa época contentam-se, no mais das vezes, em apontar o paralelismo ou a contemporaneidade entre fenomenologia e literatura ali presente, sem realçar a fundamentação que uma parece conferir à outra e que constitui uma das questões mais interessantes que a filosofia sartriana levanta. Há que se incluir, na (...) verdade, a estética literária de Sartre na compreensão de suas teses fenomenológicas; teses estas que, por outro lado, fornecem o solo filosófico da literatura sartriana, em termos tanto de autoria quanto de crítica. O propósito deste artigo é demonstrar, assim, uma dependência ou, se quisermos, implicação mútua entre literatura e fenomenologia não apenas central em relação àquele período da produção de Sartre como, também, determinante para seus projetos teóricos e ficcionais ulteriores. (shrink)

This paper examines the effects of a decrease in auditor litigation risk in a setting that isolates a change in auditor litigation risk from changes in auditor reputation. _StoneRidge Investment Partners v. Scientific Atlanta_ is a 2008 U.S. Supreme Court ruling that restricted secondary actor liability in class action suits, resulting in a decrease in class actions that listed auditors as defendants. We document that the _StoneRidge_ decision is associated with a negative CAR for clients of Big 4 auditors and (...) industry specialist auditors, in particular those associated with high-litigation risk, low cash, and past incidences of modified going concern opinions. These findings are consistent with investor perception of lower potential payoffs from secondary defendants in class action suits, in particular auditors, following the _StoneRidge_ decision. We also document that auditors are more (less) likely to accept (reject) risky clients and charge lower audit fees to risky clients after _StoneRidge_, consistent with a decrease in auditor litigation risk that increases auditor risk tolerance. Finally, we provide evidence that audit firms issue fewer going concern opinions following _StoneRidge_, consistent with a decrease in litigation risk leading to lower audit quality_._ Our results are relevant to policy makers as they consider the disciplinary role of litigation on audit markets. (shrink)

In our study, we examine the association between hedge fund activism and a target firm’s corporate social responsibility (CSR) activities and whether activists can promote socially responsible investments while upholding shareholders’ interests. Using different matched samples, we find a strong positive association between the target firm’s CSR in the year before it is targeted by activists and its probability of being targeted by a hedge fund. Classifying hedge fund activists into socially and non-socially responsible funds based on their objectives, we (...) find that both give similar level of consideration to a firm’s CSR activities when initiating campaigns. Similar to DesJardine and Durand (DesJardine and Durand, Strategic Management Journal 41:1054–1082, 2020), we demonstrate that hedge funds have, on average, a negative impact on target firms’ CSR in the years following the initial investments. Complementary to DesJardine and Durand (DesJardine and Durand, Strategic Management Journal 41:1054–1082, 2020), we compare the two types of hedge funds and find an asymmetric effect of the hedge funds’ campaigns. Socially responsible hedge fund campaigns are associated with a large _increase_ in their target’s CSR, whereas non-socially responsible hedge funds _decrease_ this measure in their target. Finally, we find that target firms exhibit a long-term improvement in future stock returns and profitability. These findings provide evidence that certain types of activists, such as socially responsible funds, promote both _stakeholder_ and _shareholders’_ long-term interests. (shrink)

Book reviewed in this article: Principles of Biomedical Ethics. By Tom L. Beauchamp and James F. Childress.

A RESPONSABILIDADE CIVIL PELO ABUSO DO DIREITO À LIBERDADE DE EXPRESSÃO EM CONFLITO COM OS DIREITOS DA PERSONALIDADE: UMA ANÁLISE DO CASO DAS BIOGRAFIAS NÃO AUTORIZADAS.

This paper guides the Romanian reader through a variety of discussions surrounding the central themes of Michel Henry’s latest books (C’est moi la Vérité,1996; Incarnation, 2000). Basically, it aims to present the principles of the phenomenology of Life in Henry’s thought, focusing on the status of the apparition, and of truth, both of which are to be understood not as the ontic relation of adaequatio, but as the self-revelation of Life in the immanence of each non-intentional experience. My review-article draws (...) upon the problem of the ‘original impression’, a crucial stage in shifting the theme of the ‘transcendental body’ and of the ‘self-affection’. At this point, my interpretation suggests that Henry’s phenomenology of affection would require further stark distinctions like the one between the ‘corporeal pain’ and the ‘transcendental sufferance’, very significant from the Christian viewpoint, too. I also try to suggest the importance of Henry’s phenomenology of Life for a radical understanding of bioethics. In addition, I tackle Michel Henry’s strong critique of the autistic sexual love, which sounds strikingly similarly to those raised up, respectively, by S. Kierkegaard and J.-L. Marion. Eventually, my essential claim is that one should reconsider very seriously the importance of the Christian mystical theology (best represented by the Patristic tradition) in order to get an adequate understanding of Michel Henry’s radical phenomenology of Life. (shrink)