_Illegal Leisure _offers a unique insight into the role drug use now plays in British youth culture. The authors present the results of a five year longitudinal study into young people and drug taking. They argue that drugs are no longer used as a form of rebellious behaviour, but have been subsumed into wider, acceptable leisure activities. The new generation of drug user can no longer be seen as mad or bad or from subcultural worlds - they are ordinary and (...) everywhere. Illustrated throughout with interview material, _Illegal Leisure _shows how drug consumption has become normalised, and provides a well-informed analysis of the current debate. (shrink)

Biometrics is often described as `the next big thingin information technology'. Rather than IT renderingthe body irrelevant to identity – a mistaken idea tobegin with – the coupling of biometrics with ITunequivocally puts the body center stage. The questions to be raised about biometrics is howbodies will become related to identity, and what thenormative and political ramifications of this couplingwill be. Unlike the body rendered knowable in thebiomedical sciences, biometrics generates a readable body: it transforms the body's surfaces andcharacteristics (...) into digital codes and ciphers to be`read' by a machine. ``Your iris is read, in the sameway that your voice can be printed, and yourfingerprint can be read'', by computers that, in turn,have become ``touch-sensitive'', and endowed with seeingand hearing capacities. Thus transformed into readable``text'', the meaning and significance of the biometricbody will be contingent upon ``context'', and therelations established with other ``texts''. Thesemetaphors open up ways to investigate the differentmeanings that will become attached to the biometricbody and the ways in which it will be tied toidentity. This paper reports on an analysis of plans andpractices surrounding the `Eurodac' project, aEuropean Union initiative to use biometrics (specif.fingerprinting) in controlling illegal immigration andborder crossings by asylum seekers. (shrink)

Introduction Illegal practice of medicine by medical students is a worldwide problem. In Brazil, information about this issue is scarce.Objective To describe the perception of illegal practice of medicine by medical students.Methods A cross-sectional study in a stratified random sample of 130 medical students in the 6th to 12th semesters from a private faculty of medicine in Salvador, State of Bahia, Brazil, from September to October 2011. Students responded to a standardised questionnaire about the illegal practice (...) of medicine by medical students.Results Knowing medical students who practised medical activities without supervision was reported by 86% of the respondents, and 93.8% had heard about someone who performed such practices. Medical specialties most often associated with illegal practice were general medicine and occupational health . Illegal practice of medicine was more common in peripheral cities/towns than in the State capital, Salvador City . Only 10.5% of illegal activities were reported to the authorities. Unsupervised medical practice was more often reported in the 8th–9th semester and 10th–11th semester of medical school.Conclusions Illegal practice of medicine was commonly reported by the medical students questioned. The high frequency of reported illegal practice for financial reasons highlights the need for greater availability of paid internships for medical students. Educational institutions represent the social control responsible for supervising the activities of academics. (shrink)

Due to some unknown informants who offered illegally attained bank data on tax evaders to the German authorities, a fierce dispute has arisen as to whether or not the authorities are entitled to purchase these data. Now, the set of arguments in the dispute can be neatly subdivided into the two groups pro and contra, the former being consequentialist and the latter deontic. Hence, to solve the problem, one has to take a look at the conflict between consequentialist and deontic (...) systems. Here, the conflict will be cast into a social choice paradox showing the impossibility of Paretian ethical decisions which is akin to Sen’s Liberal Paradox and which can be generalized to a paradox asserting the impossibility of Neutral ethical decisions. Because of the fundamental character of the conflict, all solutions will be in some way defective. But, as is argued in the last section, for instance the idea of voluntary declaration provides a strategically convincing solution, if it is combined with the threat of disclosing relevant information. Hence, an ethically insoluble problem may well have a strategic solution. (shrink)

This paper investigates a problem about freedom of information. Although freedom of information is generally considered desirable, there are a number of areas where there is substantial agreement that freedom of information should be limited. After a certain ordering of the landscape, I argue that we need to add the category of "dangerous" information and that this category has gained a new quality in the context of current information technology, specifically the Internet. This category includes (...) information the use of which would be morally wrong as well as some of what may be called "corrupting" information. Some such information should not be spread at all and some should be very limited in its spread. (shrink)

Citizenship regimes are institutionalized systems of formal and informal norms that define access to membership, as well as associated rights and duties. This paper studies illegalized migration as one of the major tests to assess whether citizenship regimes are fair institutions, based on a historical analysis of legislation meant to reduce illegalized migration in the United States between 1995 and 2022. We build our empirical research starting from a simple observation: despite the great number of bills introduced to reduce illegalized (...) migration to the US, most of such initiatives fail to become law. In fact, 93.5% of all immigration initiatives did not even pass the chamber of Congress in which they were originally presented. Such a high rate of failure shows that these proposals are motivated by electoral aspirations, rather than coming from a genuine wish to help migrants or grant them citizenship. Furthermore, there is also an economic interest that justifies the maintenance of low-cost disposable immigrant labor, with no right to citizenship. Our analysis is an example of how state regulation processes seem to work to formalize, rather than alleviate or eradicate, the precarious legal statuses of illegalized migrants. We conclude that a globalized phenomenon such as citizenship requires going beyond merely institutional and formal conceptions. We need to rethink the institutional notion of citizenship, as a merely status held under the authority of a state and consider it from a cosmopolitan perspective and a multilateral basis. But as long as citizenship remains under the responsibility of states, illegalized migrants will continue to experience precarious citizenship. (shrink)

The emerging concern about software piracy and illegal or unauthorized use of information technology and software has been evident in the media and open literature for the last few years. In the course of conducting their academic assignments, the authors began to compare observations from classroom experiences related to ethics in the use of software and information technology and systems. Qualitatively and anecdotally, it appeared that many if not most, students had misconceptions about what represented ethical and (...) unethical behaviors in these realms. Clearly, one can argue that if college students are uncertain about what constitutes appropriate and inappropriate behavior then this uncertainty will be carried forward into their workplaces upon graduation. Furthermore, if their workplaces don't provide ethics training as a component of a new employee orientation program, one can project a potential for unintentional violations and infringements of copyrights and law in the field. This study was conducted among graduate and undergraduate students to gain insight into their attitudes, perceptions and understanding of some of the relevant ethics issues. A questionnaire of 11 statements was employed that described ubiquitous but most likely unethical (or surely dubious) behaviors in the prevailing business and academic environments. Each respondent was asked to evaluate each statement twice (once for “self” and once for “colleague”) on a five-option highly ethical (5) to neutral (3) to highly unethical (1) scale. The statements were worded such that lower instrument score was associated with higher ethical responses. The questionnaire's two-part structure was designed to solicit honest answers. The encouraging learning from this study was that the overall sample and its various sub-samples did not consider any of the eleven behaviors to be “ethical” or “highly ethical.” It was also encouraging to note that the overall sample and all sub-samples considered “highly unethical” those behaviors associated with personal privacy or property or outright theft. This indicated that moral judgment and probity prevail. The discouraging learning was that behaviors associated with the use of enterprise property were viewed as “neutral” i.e., neither “ethical” nor “unethical.” These findings suggested confusion and lack of clarity and definition around workplace deportment as it regards ethics in software and information technology use. The current study suggests that additional research needs to be conducted to define and clarify the issues, which in turn can form the basis for programs to rectify or at least ameliorate the situation. (shrink)

In 2021, there was a significant amendment to the legislation on medical experimentation. In particular, Chapter 4 of the Law of December 5, 1996 on the Profession of Physician and Dentist (Journal of Laws 2023, item 1516) was amended, in which the prerequisites of legally relevant consent given by the participant in the experiment or by other entities that express a position on their behalf were specified. In addition, procedures related to the opinion of the research project by the so-called (...) bioethics committee were described. Its members were obliged to maintain confidentiality with regard to information obtained in connection with the fulfilled function. These norms became protected by criminal sanctions, set forth in the amended Article 58 of the law. New generic types of criminal acts were introduced, primarily aimed at protecting the participant's right to self-determination, the voluntariness of participation in the experiment, and the confidentiality of data submitted by the experimenters in their proposals to bioethics committees. These norms fill in the gaps that have existed so far in the criminal law protection of these values. The article systematically discusses the generic types of criminal acts that have been penalized in Article 58 (4) to (6) of the referenced law. Their object of protection, object side, subject, subject side, punishability and potential confluence with other regulations are presented. The historical-dogmatic justification for the introduction of these regulations is also shown. (shrink)

The subject of the study is the socio-cultural threats to the information security of Russian citizens associated with ChatGPT technologies (Chat Generative Pre-trained Transformer, a machine-generated text response generator simulating a dialogue). The object of research − evaluation of the ratio of advantages and threats of generative language models based on "machine learning" in modern (2021-2023) scientific literature (journals HAC K1, K2 and Scopus Q1, Q2). The scientific novelty of the research lies in the culturological approach to the analysis (...) of threats to the security of Russian citizens associated with the use of ChatGPT as one of the technologies of "artificial intelligence". The formulation of the problem of the classical Turing test "to distinguish a person from a machine" is characterized as a scholastic abstraction, instead a more correct and productive approach is proposed: a socio-cultural assessment of the value (based on cultural axiology) of new computer technologies. The starting point of the analysis is the determination of socio-cultural value (or, conversely, damage) as a result of the use of generative language models based on machine learning. Further, the contribution and responsibility of various socio-cultural subjects of its creation and application are revealed − user, creator and developer. The result of the application of the proposed approach is the deconstruction of the discourse of the "philosophy of artificial intelligence" in terms of uncritical translation of developer declarations intended for marketing and attracting financing. Hypertrophied perception, precariously balancing on the edge of utopia and dystopia, is assessed as a risk of incorrect identification and ranking of threats to information security. Assumptions about the hypothetical "superweapon of psychological warfare" mask modern incidents of cross-border leakage of confidential data, the risks of being held accountable for publishing deliberately false information and illegal content as a result of using ChatGPT. National security measures are recommended, including restrictive measures and increasing the general civil culture of information security of users, as well as the orientation of domestic developments of solutions of this type on traditional values, socio-cultural identity and interests of Russian citizens. (shrink)

In order to make strategic decisions and improve their firm’s performance, top management teams must have information on the competitive context in general, and the firm’s competitors in particular. During the decision-making process, top managers can have access to “privileged information”—i.e., information of a confidential and potentially strategic nature that could ultimately confer a decisional advantage over competing parties. However, obtaining and using privileged information in a business context is often illegal—and if not, is usually (...) deemed unethical or “against the rules.” Using a quasi-experimental design, this study explores the reasons why an individual might engage in such unethical behavior. We assess the extent to which managers use privileged information with respect to perceived team cohesion and peers’ ethicality. More specifically, our results show that the use of privileged information is predicted by the decision-maker’s perceptions of their team cohesion and their peers’ ethicality. Moreover, we find that team performance, as a group-level nonself-reported factor, moderates the relationship between cohesion and the use of privileged information. The relationship between cohesion, ethical behavior, and team performance is also discussed. We draw on these findings to make some practical suggestions on how to incorporate practices that could better prevent the unethical use of privileged information in strategic decision-making processes. (shrink)

Since the fourth century, B.C.E., the Oath of Hippocrates has been the starting point in analyzing the obligations of physicians to protect the privacy and confidentiality interests of their patients. The pertinent provision of the Oath reads as follows: “What I may see or hear in the course of the treatment or even outside of the treatment in regard to the life of men, which on no account must be spread abroad, I will keep to myself, holding such things shameful (...) to be spoken about.”This part of the Oath is subject to more than one interpretation, but its commonly accepted meaning provides the ethical foundation for the physician’s duty of confidentiality. The Oath expressly declares that a physician’s obligation of confidentiality applies beyond matters of medical care. At a time when there were no hospitals or physician offices, patients received medical care in their homes or in public places. Physicians treating patients in their homes could be expected to see and hear a wide range of activities that might be considered embarrassing, immoral, or even illegal. (shrink)

ResumoO direito brasileiro foi articulado em torno das categorias clássicas do liberalismo europeu. Para além do debate da compatibilidade entre liberalismo e escravidão, esse artigo pretende demonstrar como a necessidade de preservar uma escravidão semilegal constituiu institucionalidades que fizeram com que o direito brasileiro operasse problematicamente sob o registro da tradição liberal, mesmo em relação aos seus cidadãos livres. Isso não foi um “erro” do direito, uma falha, mas foi antes uma ação inteligível dos arquitetos das formas e modos de (...) funcionamento da juridicidade nacional. Nesse sentido, esse artigo pretende apontar para a necessidade de construção de uma teoria brasileira do direito que dê conta de compreender as particularidades de um sistema jurídico profundamente afetado pelo escravismo do século XIX.Palavras-chave: História do Direito. Teoria do Direito Brasileiro. Direito da Escravidão. AbstractBrazilian Law was crafted around the classical categories of European liberalism. Beyond the debate regarding the compatibility between liberalism and slavery, this paper intends to show how the need to preserve a semi-legal slavery system created illegalities that highlighted the contradictions between Brazilian Law and the liberal tradition. The resulting tensions also created consequences for free citizens, which are the focus of this paper. It demonstrates that these consequences were not mere legal defeasibility, but rather an intelligible action shaping the national legal system. The article advocates for the necessity to build a Brazilian theory of Law that takes these aspects into consideration, accounting for the systematic impact of 19th-century slavery on the idea of legality in Brazil.Keywords: Legal History. Brazilian Theory of Law. Slavery Law. (shrink)

This Article examines the ways in which market vendors in Kampala, Uganda, responded to plans to redevelop their markets through the concession of long-term leases to private investors. These plans met with massive resistance from the marketers, with significant outcomes. The Article uncovers how the marketers actively negotiated a “gray space” between legality and illegality and creatively used the law, with a view to asserting themselves as the legitimate rulers of their markets. It shows how the marketers engaged in highly (...) diverse modalities of struggle, stretching across the legal/illegal boundary. They organized in multiple configurations which were flexible, hybrid and mutant in character, rather than being fixed in particular organizational categories. In their struggles, the marketers engaged in shifting alliances and with a disparate range of political allies. Their politics were fluid, untamed and pragmatic, but also contradictory and fractured. This flexibility and pragmatism enabled them to navigate a complex political landscape and to make instrumental use of a generally unfavorable legal environment. (shrink)

The Editors express their gratitude and appreciation to the indi-viduals listed below who served as referees for Informal Logic for Volumes 31 (2011) and 32 (2012).

In the fallout from the war on terror is a revived Cold War, with more nuclear players than ever, across even more dry-tinder landscapes around the world.

The papers collected in this volume exemplify some of the trends in current approaches to logic, language and computation. Written by authors with varied academic backgrounds, the contributions are intended for an interdisciplinary audience. The first part of this volume addresses issues relevant for multi-agent systems: reasoning with incomplete information, reasoning about knowledge and beliefs, and reasoning about games. Proofs as formal objects form the subject of Part II. Topics covered include: contributions on logical frameworks, linear logic, and different (...) approaches to formalized reasoning. Part III focuses on representations and formal methods in linguistic theory, addressing the areas of comparative and temporal expressions, modal subordination, and compositionality. (shrink)

The common view is that insider trading is always unethical and illegal. But such is not the case. Some forms of insider trading are legal. Furthermore, applying ethical principles to insider trading causes one to conclude that it is also sometimes ethical. This paper attempts to get past the hype, the press reports, and the political grandstanding to get to the truth of the matter. The author applies two sets of ethical principles – utilitarianism and rights theory – in (...) an attempt to determine when, and in what circumstances, insider trading is ethical. The views of Henry Manne, an early proponent of insider trading, are critically examined, as are the major arguments against insider trading. Is insider trading good for the company if it is used as a form of executive compensation which makes it possible to pay lower salaries than would otherwise be the case? Does insider trading cause the stock market to work more efficiently? If insider trading does increase efficiency, is that sufficient to call for its total legalization, or are there other things to be considered? Several arguments against insider trading have been put forth over the last few decades but there are problems with all of them. One of the main arguments is the fairness argument. The problem with this argument is that different people have different definitions of unfairness. A closely related argument is the level playing field argument, which advocates wider dissemination of information so that it is less asymmetric. One problem with the level playing field argument is that it is better applied to sporting competitions than to trading in information. Some economists argue that forcing the disclosure of nonpublic information can actually result in more harm than good and must necessarily involve the violation of property rights. Other arguments examined in this chapter include the fiduciary duty argument, the problem of outside traders, the misappropriation doctrine and the restrictions that insider trading laws place on freedom of speech and press. The article concludes by setting forth some principles or guidelines to determine when insider trading should be punished and when it should not. (shrink)

When environmental health researchers study hazards in the home, they often discover information that may be relevant to protecting the health and safety of the research subjects and occupants. This article describes the ethical and legal basis for a duty to warn research subjects and occupants about hazards in the home and explores the extent of this duty. Investigators should inform research subjects and occupants about the results of tests conducted as part of the research protocol only if the (...) information is likely to be accurate, reliable, and medically useful. Investigators should warn subjects and occupants about hazards they happen to discover while they are in the home, if a reasonable person would warn the subjects and occupants about those hazards. Investigators should not report illegal hazards discovered in the home to the authorities, unless those hazards constitute abuse or neglect of children or mentally disabled people living in the home. When investigators decide to warn research subjects and occupants about hazards in the home, they should take some steps to help them make effective use of this information, such as providing additional counselling or making a referral for remediation or medical treatment. Investigators should discuss these issues with research subjects during the informed consent process. (shrink)

Insider trading is illegal, and is widely believed to be unethical. It has received widespread attention in the media and has become, for some, the very symbol of ethical decay in business. For a practice that has come to epitomize unethical business behavior, however, insider trading has received surprisingly little ethical analysis. This article critically examines the principal ethical arguments against insider trading: the claim that the practice is unfair, the claim that it involves a misappropriation of information (...) and the claim that it harms ordinary investors and the market as a whole. The author concludes that each of these arguments has some serious deficiencies; no one of them by itself provides a sufficient reason for outlawing insider trading. This does not mean, however, that there are no reasons for prohibiting the practice. The author argues that the real reason for outlawing insider trading is that it undermines the fiduciary relationship that lies at the heart of American business. (shrink)

For commercial purveyors of digital speech, information and entertainment, the biggest threat posed by the Internet isn''t the threat of piracy, but the threat posed by free speech -- speech that doesn''t cost any money. Free speech has the potential to squeeze out expensive speech. A glut of high quality free stuff has the potential to run companies in the business of selling speech out of business. We haven''t had to worry about this before, because speaking in a meaningful (...) way to a large audience was expensive, and people couldn''t afford to do serious mass speaking for free for very long. The Internet has made it much cheaper. It doesn''t take much to give out information to the whole world, every day, for free, for years. And people do. If we are trying to increase the abundant dissemination of information, free speech is good. If we are trying to increase commerce in information, free speech is arguably bad, in that it competes with pay speech. Information merchants would obviously prefer that the only speech in the marketplace be pay speech. In the past two years, commercial content owners have scored significant progress in herding free speakers off the Net. There''s an important synergy between persuading the government to give your industry some friendly new laws or regulations, and using new and old legal tools to make life more difficult or expensive for inconvenient competitors who aren''t necessarily doing anything illegal. Recently, businesses have been able to combine the two strategies to make the Internet a much safer place to sell speech, by making the Internet a less friendly, more dangerous place to give away speech for free. (shrink)