I shall argue that software agents can be attributed cognitive states, since their behaviour can be best understood by adopting the intentional stance. These cognitive states are legally relevant when agents are delegated by their users to engage, without users’ review, in choices based on their the agents’ own knowledge. Consequently, both with regard to torts and to contracts, legal rules designed for humans can also be applied to software agents, even though the latter do not have (...) rights and duties of their own. The implications of this approach in different areas of the law are then discussed, in particular with regard to contracts, torts, and personality. (shrink)

At a time when contract cheating advertisements are proliferating both online and offline, an analysis of their format, wording and approach furnishes critical information for educational providers about the attitudes of international students towards academic honesty. This analysis, in company with the available research literature, points to particular concerns regarding international students, especially those who are undertaking business-related degrees. There is much disquiet on the part of universities generally about the failure of such students to engage in the academic discourse (...) socialisation process and so distancing themselves from the academic community, as well as flaunting academic protocols which uphold the credibility of their university degrees. In light of the challenging nature of contract cheating detection, a comprehensive overview of pedagogical responses is discussed including anti-contract cheating software, the greater use of in-class assessments and a return to more personalised face-to-face classroom teaching. (shrink)

Using intelligent software agents in the world of e-commerce may give rise to many difficulties especially with regard to the validity of agent-based contracts and the attribution of liability for the actions of such agents. This paper thus critically examines the main approaches that have been advanced to deal with software agents, and proposes the gradual approach as a way of overcoming the difficulties of such agents by adopting different standards of responsibility depending whether the action is (...) done autonomously by an unattended software, or whether it is done automatically by an attended software. Throughout this paper, it is argued that the introduction of “one size” regulation without sufficient consideration of the nature of software agents or the environments in which they communicate might lead to a divorce between the legal theory and technological practice. It is also concluded that it is incorrect to deal with software agents as if they were either legal persons or nothing without in any way accounting for the fact that there are various kinds of such agents endowed with different levels of autonomy, mobility, intelligence, and sophistication. However, this paper is not intended to provide the final answer to all problematic questions posed by the emergence of intelligent software agents, but is designed to provide some kind of temporary relief until such agents reach a more reliable and autonomous level whereby law begins to regard them, rather than their users, as the source of the relevant action. (shrink)

COVID-19 has had a huge impact on workers and workplaces across the world while putting regular work practices into disarray. Apart from the obvious effects of COVID-19, the pandemic is anticipated to have a variety of social–psychological, health-related, and economic implications for individuals at work. Despite extensive research on psychological contracts and knowledge sharing, these domains of pedagogic endeavor have received relatively little attention in the context of employee creativity subjected to the boundary conditions of the organization’s socialization and (...) work-related curiosity. This study investigates, empirically, the role of psychological contracts in escalating employee creativity through knowledge sharing by considering the moderating role of an organization’s socialization and work-related curiosity. The response received from 372 employees of the manufacturing sector has been investigated and analyzed through Smart PLS software. The results have revealed that knowledge sharing is mediating the relationship between psychological contract and employee creative performance, whereas the moderators significantly moderate the relationships between psychological contract and knowledge sharing and between knowledge sharing and employee creative performance accordingly. It has also been depicted that the moderating impact shown by both moderators is significantly high. (shrink)

The combined use of computers and telecommunications and the latest evolution in the field of Artificial Intelligence brought along new ways of contracting and of expressing will and declarations. The question is, how far we can go in considering computer intelligence and autonomy, how can we legally deal with a new form of electronic behaviour capable of autonomous action? In the field of contracting, through Intelligent Electronic Agents, there is an imperious need of analysing the question of expression of consent, (...) and two main possibilities have been proposed: considering electronic devices as mere machines or tools, or considering electronic devices as legal persons. Another possibility that has been frequently mentioned consists in the application of the rules of agency to electronic transactions. Meanwhile, the question remains: would it possible, under a Civil Law framework, to apply the notions of “legal personhood” and “representation” to electronic agents? It is obvious that existing legal norms are not fit for such an endeavouring challenge. Yet, the virtual world exists and it requires a new but realistic legal approach on software agents, in order to enhance the use of electronic commerce in a global world. (shrink)

The theory of documentality is a way of describing social reality. Developed by Italian philosopher Maurizio Ferraris, it says that the world of social objects is a world of documents, fundamentally. Specifically, it attempts to fill in gaps regarding the existence of objects whose dependence precedes traditional, written documents. Borrowing from Derrida, Ferraris concludes that no part of social reality exists outside of texts, while expanding the notion of texts to include inscriptions as memories in minds. Social reality is constructed (...) by “inscriptions” on documents, the most basic of which can be the inscriptions of memories, ideas, and things like promises and intentions on the matter of human brains. In “Beyond Paper,” Barry Smith and I raise some issues that confront the theory of documentality when electronic documents are involved, specifically problems concerning the distinction between fixed inscriptions and dynamic software, as well as the existence of legal entities that are never inscribed at all (like a common law marriage, that can exist even without any agreement among the parties). Here, I consider briefly how extending our discussion of documentality and electronic media is further complicated by web 3.0, or the emerging realm of documents and processes involved in smart contracts and their offspring and consider some implications for the law arising from this new manner of executing code and weaving new layers of social reality. (shrink)

The emergence of intelligent software agents that operate autonomously with little or no human intervention has generated many doctrinal questions at a conceptual level and has challenged the traditional rules of contract especially those relating to the intention as an essential requirement of any contract conclusion. In this paper, we will try to explore some of these challenges, and shed light on the conflict between the traditional contract theory and the transactional practice in the case of using intelligent (...) class='Hi'>software agents. We will try further to examine how intelligent software agents differ from other software applications, and consider then how such differences are legally relevant. This paper, however, is not intended to provide the final answer to all questions and challenges in this regard, but to identify the main components, and provide perspectives on how to deal with such issue. (shrink)

The process of completing, correcting and prioritising specifications is an essential but very complex task for the maintenance and improvement of software systems. The preservation of functionalities and the ability to accommodate changes are main objectives of the software development cycle to guarantee system reliability. Logical theories able to fully model such processes are still insufficient. In this paper we propose a full formalisation of such operations on software systems inspired by the Alchourrón–Gärdenfors–Makinson paradigm for belief revision (...) of human epistemic states. We represent specifications as finite sets of formulas equipped with a priority relation that models functional entrenchment of properties. We propose to handle specification incompleteness through ordered expansion, inconsistency through ordered safe contraction and prioritisation through revision with reordering, and model all three in an algorithmic fashion. We show how the system satisfies basic properties of the AGM paradigm, including Levi’s and Harper’s identities. We offer a concrete example and complexity results for the inference and model checking problems on revision. We conclude by describing resilience and evolvability of software systems based on such revision operators. (shrink)

Business organizations in their work environment, aspire to create a high level of performance and low levels of absenteeism and turnover. Organizational commitment is considered a key factor in achieving this objective, however, it can be conditioned by several factors, among which is the psychological contract. The literature has related the organizational commitment with the fulfillment of the psychological contract framing it as one of the explanatory variables. This work aims to investigate research trends on psychological contract and organizational commitment. (...) For this purpose, bibliometric techniques and the software SciMAT have been used. 220 journal articles indexed in Web of Science (WoS) were analyzed. The findings indicate that the theme chosen for this review is valid. Based on the relationship between the two concepts, as the most recurrent themes, issues such as the sense of justice and the consequences of the violation of the psychological contract, normative commitment, HR management or job insecurity are addressed. However, in the last period analyzed (2015–2018), publications related to more sensitive topics to the present time emerge, such as the employability or the impact of these two concepts in the new generations (millennial and generation-Y) or the retention of talent. On the other hand, shortcomings are detected in the research on the ideologically charged psychological contract, the analysis of the organizational context or cultural and demographic factors in relation to both theoretical constructs. The contribution of this work lies in giving visibility to scientific results, which will serve business organizations as instruments for decision making in their labor management and, for the scientific community, as knowledge of the research spaces to explore. (shrink)

In recent years, knowledge hiding has gained much popularity in the knowledge management literature. Apart from that, antecedents and consequences of knowledge hiding are being scrutinized at present. There have been many studies on the triggering forces of knowledge hiding; however, the uncivil behaviors at the workplace have led the organizations and employees in trouble due to its possible associating factors, which is well explained by social influence theory. One such factor that this study has identified is knowledge hiding behavior (...) at the workplace. This is a quantitative cross-sectional study based on a survey. The population taken in this study is the middle and low-level managerial staff of the software houses located in China. The respondents were selected based on convenient random sampling, and a sample size of 287 is used in this study. The data collected were employed with the partial least square structural equation modeling using Smart-PLS 3. The findings of this study show that apart from evasive hiding, playing dumb and rationalized hiding plays a significant role in predicting workplace incivility. In addition, psychological contract breach has been taken as the mediating variable. The violation of psychological contracts among employees can indulge them in negative feelings that may convert to workplace incivility at any available opportunity of revenge which is well explained by social influence theory. Workplace incivility cannot be completely eradicated from the organizations; however, it can be controlled by making relevant policies. The civility among the employees can be attained by due managerial interventions and training of the employees considering the protection of victims and due punishment to the perpetrator. (shrink)

The ethical governance of the global Internet is an accelerating global phenomenon. A key paradox of the global Internet is that it allows individual and collective decision making to co-exist with each other. Open source software (OSS) communities are a globally accelerating phenomenon. OSS refers to groups of programs that allow the free use of the software and further the code sharing to the general and corporate users of the software. The combination of private provision and public (...) knowledge and software, and the seeming paradox of economic versus social motivations have stimulated a wide debate between researchers and policymakers. In this article, we analyze OSS communities from the viewpoint of "intrinsic motivation," knowledge creation, and collective Internet governance. We believe that the growth of global OSS has fundamental implications for business ethics and the governance of the global Internet in the twenty-first century. (shrink)

Many computer users are happy to be oblivious of the workings within the machine and yet on some level it is important to know what is occurring therein. This paper discusses an unusual type of surveillance software which may be installed in many computers. The strange aspect of this software is that it has often been downloaded and installed by the user, but without her knowledge. The software is mainly designed to collect information about the user of (...) the computer and relay this information back to the software manufacturer. The download, installation, data collection and data transfer all take place within the users own computer but very seldom with the users knowledge. It is the intention of this paper to describe the technology involved and thereafter discuss how this new technology is affecting the online privacy debate. The paper continues to discuss the basis for legitimacy of technology and also the current level of technological deterrents available. The paper concludes with a comparison of two approaches at resolving the current problem, via legislation or the market approach. (shrink)

Over the past decade, the management of clinical trials of pharmaceuticals has become a veritable industry, as evidenced by the emergence and proliferation of contract research organizations (CROs) that co‐ordinate and monitor trials. This article focuses on work performed by one CRO involved in the introduction of new software, modelled on industrial production processes, into clinical trial practices. It investigates how this new management technique relates to the work performed in the clinic to ensure that trial participants comply with (...) the protocol. Using an analytical distinction between ‘classical’ management work and invisible work, the article contextualizes the meaning of compliance in the clinic and suggests that the work involved in producing compliance should be taken into consideration by those concerned with validity of trials, as clinical trials are put under private industrial management. The article builds on participant observation at a Swedish university hospital and interviews the nurses, dieticians, doctors and a software engineer, all part of a team involved in pharmaceutical drug trials on a potential obesity drug. (shrink)

This paper discusses how to refine a given initial legal ontology using an existing MRD (Machine-Readable Dictionary). There are two hard issues in the refinement process. One is to find out those MRD concepts most related to given legal concepts. The other is to correct bugs in a given legal ontology, using the concepts extracted from an MRD. In order to resolve the issues, we present a method to find out the best MRD correspondences to given legal concepts, using two (...) match algorithms. Moreover, another method called a static analysis is given to refine a given legal ontology, based on the comparison between the initial legal ontology and the best MRD correspondences to given legal concepts. We have implemented a software environment to help a user refine a given legal ontology based on these methods. The empirical results have shown that the environment works well in the field of Contracts for the International Sale of Goods. (shrink)

The future of awake bruxism assessment will incorporate physiological data, possibly electromyography of the temporal muscles. But up to now, temporal muscle contraction patterns in awake bruxism have not been characterized to demonstrate clinical utility. The present study aimed to perform surface EMG evaluations of people assessed for awake bruxism to identify possible different subtypes. A 2-year active search for people with awake bruxism in three regions of the country resulted in a total of 303 participants. Their inclusion was confirmed (...) through non-instrumental approaches for awake bruxism: self-reported questionnaire and clinical exam, performed by three experienced and calibrated dentists. Also, 77 age- and sex-matched healthy controls were recruited. Temporalis surface EMG was performed with a portable device. EMG signals were sent to a computer via Bluetooth 4.0 at a sampling rate of 1,000 Hz. Digital signal processing was performed using the commercial neuroUP software, transformed in RMS and then normalized for peak detection, in a 10 min session. Cluster analysis revealed three distinct subtypes of awake bruxism: phasic, tonic, and intermediate. Individuals with a predominance of EMG peaks/min were classified as the “phasic” subtype. Those with the highest EMG rest power were classified as the “tonic” subtype. There was also an “intermediate” subtype, when both variables remained low. Characterization of awake bruxism physiology is important for future establishment of instrumental assessment protocols and treatment strategies. (shrink)

The application of ontology has thus far [in 1998] been confined almost exclusively to the field of knowledge representation. Ontology has been applied, for example, in the design of medical databases and in the construction of geographical information systems. One area which is naturally suited to ontological analysis is that of the law and of social institutions in general. -/- Legal systems are composed of legal entities, such as laws, contracts, obligations, and rights. Their application yields new categories of (...) entities such as: corporations, trademarks, marriages, and parcels of real estate. The categorization of these entities by different legal systems has not, by-and-large, been conducted in ways which exploit the tools of modern ontology. Consequently, contradictions and inconsistencies often arise in the law when, for instance, one type of entity is forced into two mutually exclusive categories (e.g., when software is considered both patentable and copyrightable). Papers are invited which consider these and related issues from a philosophical point of view. (shrink)

Academic dishonesty presents in different forms, including fabrication of data, falsifying references, multiple submissions, collusion, and sabotage, with two forms haunting academia, namely plagiarism and contract cheating or ghost writing. These latter forms have received considerable attention and have been subjects for research. This interview-based study provides some further insight into the problem of ghost writing through presenting the attitudes, justifications and networking practices of some hired ‘ghost-writers’ from a developing country and discusses the depth of this emerging threat to (...) the academic community.Initially, through simple internet searches using specific keywords, an array of professional advertisements selling contract writing services were identified. Some of these promotional advertisements were found in Facebook® posts, and/or Twitter® feeds. The second part of this study presents a summary of findings from interviews of a group of ghost-writers including their background, attitude and justifications for setting up this new business. The study identifies several high calibre post-graduates who have come to understand the Western (European/north American/australian) ways of scientific writing and have produced a network of ‘consultancy’ services. Although the birth of their business was ad-hoc, they have established a good network and are now able to share projects and practices. Many of them offer services to home and foreign students with varied levels of customer focus. Some of them are even using Turnitin© software to identify text matching issues. This study suggests that these paper mills have widely been subscribed to by students. The article finally discusses wider issues arising from these interviews and proposes some ways of tackling this new threat to academia. (shrink)

This article reports on a corpus-based study of the English translation of Wang Anyi’s award-winning novel, The Song of Everlasting Sorrow [长恨歌, Chang Hen Ge] from the perspective of style. Using the keyword and concordance functions of corpus software packages AntConc and ParaConc, this research focuses on how the translator’s style reveals itself in the target text as well as how the style of the source text is represented in the TT. Findings show that the translators have a preference (...) for contracted negative verb forms and expressions such as “bit” over “little,” making the text more colloquial. In general, the rendering of the ST style tends not to be entirely faithful. A distinction between reader-centered and text-centered keywords is made. While the reader-centered ST keywords are, as expected, largely altered, the translation of text-centered ST keywords is also rewritten, contrary to expectations. Presumably, the translators tended to reduce the ambiguity of the ST, resulting in a more explicit TT. The article argues that the translators chose to rewrite the translation to make it more understandable for the target audience since it concerned a work from a source culture very different from the target culture. (shrink)

This study aims to investigate the impact of justice perception of the employees on three dimensions of employee-based brand equity under the mediating role of psychological contract fulfillment. For this purpose, data have been collected from the employees of the education industry under the convenience sampling technique. In this regard, a survey method was used, and questionnaires were distributed among 420 respondents, out of which 310 questionnaires were received back, and after discarding 32 partially filled questionnaires, useable responses were left. (...) Data have been analyzed through structural equation modeling, and the partial least square -SEM approach has been used in this regard through the Smart PLS software. Measurement and structural models were assessed, and all the indicators of reliability and validity have been found to be fit. Path estimation indicates that perception of justice promotes brand endorsement and brand allegiance, while the relationship of perception of justice and brand-consistent behavior has not been found statistically significant. Moreover, it has also been found that perception of justice ensures employees that their psychological contract has been met. In addition, psychological contract fulfillment has found a mediating mechanism between the perception of justice and the three dimensions of EBBE. (shrink)

The literature on ‘academic capitalism’ and the ‘entrepreneurial university’ has paid little attention to the role and function of bureaucracy or has considered it something different from the New Public Management (NPM) that has accompanied neoliberal reforms in higher education over the last decades. Following a brief account of the theory and history of bureaucracy, the article examines the institutional, intellectual, pedagogic, and psychic repercussions of the NPM that was introduced in Danish universities in 2003, and turned them into what (...) has been often called ‘knowledge companies’ (vidensvirksomheder). As a result of these reforms, the paper shows, academicians have been transformed into competitive entrepreneurial clerks, striving for assignments and resources, bound by contracts, thoroughly surveilled for their productivity and performance through special software, and entangled in a web of bureaucratic relations which has removed all spaces of logos that distinguish a university, according to its European tradition. (shrink)

A useful logic in which to specify normative system behaviour, deontic logic has a broad spectrum of possible applications within the field: from legal expert systems to natural language processing, database integrity to electronic contracting and the specification of fault-tolerant software.

Academic misconduct in all its various forms is a challenge for degree-granting institutions. Whilst text-based plagiarism can be detected using tools such as Turnitin™, Plagscan™ and Urkund™, contract cheating and collusion can be more difficult to detect, and even harder to prove, often falling to no more than a ‘balance of probabilities’ rather than fact. To further complicate the matter, some students will make deliberate attempts to obfuscate cheating behaviours by submitting work in Portable Document Format, in image form, or (...) by inserting hidden glyphs or using alternative character sets which text matching software does not always accurately detect.Educators do not tend to think of academic misconduct in terms of criminality per se, but the tools and techniques used by digital forensics experts in law enforcement can teach us much about how to investigate allegations of academic misconduct. The National Institute of Standards and Technology’s Glossary describes digital forensics as ‘the application of computer science and investigative procedures involving the examination of digital evidence - following proper search authority, chain of custody, validation with mathematics, use of validated tools, repeatability, reporting, and possibly expert testimony.’. These techniques are used in criminal investigations as a means to identify the perpetrator of, or accomplices to, a crime and their associated actions. They are sometimes used in cases relating to intellectual property to establish the legitimate ownership of a variety of objects, both written and graphical, as well as in fraud and forgery. Whilst there have been some research articles and case studies that demonstrate the use of digital forensics techniques to detect academic misconduct as proof of concept, there is no evidence of their actual deployment in an academic setting.This paper will examine some of the tools and techniques that are used in law enforcement and the digital forensics field with a view to determining whether they could be repurposed for use in an academic setting. These include methods widely used to determine if a file has been tampered with that could be repurposed to identify if an image is plagiarised; file extraction techniques for examining meta data, used in criminal cases to determine authorship of documents, and tools such as FTK™ and Autopsy™ which are used to forensically examine single files as well as entire hard drives. The paper will also present a prototype of a bespoke software tool that attempts to repurpose some of these techniques into an automated process for detecting plagiarism and / or contract cheating in Word documents.Finally, this article will discuss whether these tools have a place in an academic setting and whether their use in determining if a student’s work is truly their own is ethical. (shrink)

The individual right of access to one’s own data is a crucial privacy protection long recognized in U.S. federal privacy laws. Mobile health devices and research software used in citizen science often fall outside the HIPAA Privacy Rule, leaving participants without HIPAA’s right of access to one’s own data. Absent state laws requiring access, the law of contract, as reflected in end-user agreements and terms of service, governs individuals’ ability to find out how much data is being stored and (...) how it might be shared with third parties. Efforts to address this problem by establishing norms of individual access to data from mobile health research unfortunately can run afoul of the FDA’s investigational device exemption requirements. (shrink)

Ad blockers are a category of computer software program, typically run as web browser extensions, that allow users to selectively eliminate advertisements from the webpages they visit. Many people have alleged that using an ad blocker is morally problematic because it is bad for content providers and consumers, and it is morally akin to theft. We disagree. In this paper, we defend an independent argument for the conclusion that using an ad blocker is morally permissible. In doing so, we (...) respond to the criticisms that ad blocking is bad for content providers and consumers, that it is morally akin to theft, and that it violates a contract between consumers and web publishers. (shrink)

Video data has now become the most common form of data for educational researchers studying classroom interaction and school culture. Software protocols for analysing vast archives of video data are deployed regularly, allowing researchers to annotate, code and sort images. These protocols are often applied by researchers without reflection or reference to the extensive philosophical work in film and media studies. Without exception, this research treats the video image as movement-image or picture, a recording of ‘raw data’, indexical of (...) a given time-space relationship. In this article I situate this kind of research within the history of scientific cinema, drawing on Deleuze's books on cinema, as well as his ideas on colour and figure from The Logic of Sensation, to propose an alternative way of analysing video data. One of the central claims of Deleuze in Cinema 2 is that the time-image reconfigures bodies as expressions of force – the body becomes a ‘shock of forces’. I argue that such an approach allows us to study the student body as less a phenomenological organism with built-in ‘I can’ cognitive and motor capacities, and more an indeterminate crystalline contraction and expansion of intensity. I present an example of how to study classroom video data as time-image, and explore the implications of such work for education research. (shrink)

Side by side with legal informatics, understood as the study of the applications of computers in the legal field, computer law, in which numerous legal problems linked to the use of the new technology are taken into consideration, has now developped. Important sectors of research have been identified within the ambit of computers law, among these: the contracts for computer utilitation; the problem of the protection of ’software’; the protection of privacy with regard to informatics; the transborder data (...) flow... In the article are illustred the characteristics of these problems of computer law. (shrink)

Side by side with legal informatics, understood as the study of the applications of computers in the legal field, computer law, in which numerous legal problems linked to the use of the new technology are taken into consideration, has now developped. Important sectors of research have been identified within the ambit of computers law, among these: the contracts for computer utilitation; the problem of the protection of ’software’; the protection of privacy with regard to informatics; the transborder data (...) flow... In the article are illustred the characteristics of these problems of computer law. (shrink)

Based on the Internet of Things technology, this paper proposes building a cross-border e-commerce logistics supervision system and determines the evaluation index system from the overall framework design of the system, supply chain supervision process optimization, risk supervision optimization, and system order degree optimization. First of all, the framework adopts the national certification center to supervise the logistics service platform and logistics service platform to supervise the logistics participants of the secondary supervision system. Then, functions such as swarm intelligence contract, (...) legal anonymous identity authentication, intelligent transaction matching, abnormal data analysis and detection, privacy protection, and traceability are realized under the framework of the supervision system. Then, the security analysis and transaction supervision component software are used to verify the security, control, and operating efficiency of the transaction supervision framework. Finally, in a real crowd sourcing logistics enterprise platform to run on the software component, the actual measurement, the measured results show that the proposed cross-border supervision system is safe and controllable, and electronic business logistics protects users and data privacy, prevents forgery and fraud, and realizes the user behavior and user data in addition to auditability and traceability. (shrink)

When deciding on an online purchase, consumers often face a plethora of information. Yet, individuals consumers differ greatly in the amount of information they are willing and able to acquire and process before making purchasing decisions. Extensively processing all available information does not necessarily promote good decisions. Instead, the empirical evidence suggests that reviewing too much information or too many choice alternatives can impair decision quality. Using simulated contract conclusion scenarios, we identify distinctive types of information processing styles and find (...) that certain search and selection strategies predict the quality of the final choice. Participants chose a cellular service contract in a web-based environment that closely resembled actual online settings in the country of study. Using information processing data obtained with tracking software, we identify three consumer segments differing along two dimensions – the extent dimension, referring to the overall effort invested in information processing, and the focus dimension, referring to the degree to which someone focuses on the best available options. The three subgroups of respondents can be characterized as follows: consumers with a low-effort and low-focus information processing strategy ; consumers with a moderate-effort and high-focus information processing strategy ; and consumers with high-effort and low-focus information processing strategy. The three groups differed not only in their information processing but also in the quality of their decisions. In line with the assumption of ecological rationality, most successful search strategies were not exhaustive, but instead involved the focused selection and processing of a medium amount of information. Implications for effective consumer information are provided. (shrink)

This article introduces the symposium “Toward a Philosophy of Blockchain,” which provides a philosophical contemplation of blockchain technology, the digital ledger software underlying cryptocurrencies such as bitcoin, for the secure transfer of money, assets, and information via the Internet without needing a third-party intermediary. The symposium offers philosophical scholarship on a new topic, blockchain technology, from a variety of perspectives. The philosophical themes discussed include mathematical models of reality, signification, and the sociopolitical institutions that structure human life and interaction. (...) The symposium also investigates the metaphilosophical theme of how to create a philosophy of anything, specifically a new topic such as blockchain technology. Repeated themes are identified, in all areas of philosophical inquiry, and conceptual resources are elaborated to contribute to a philosophical understanding of blockchain technology. Thus, philosophy as a metaphilosophical approach is shown to be able to provide an understanding of the conceptual, theoretical, and foundational dimensions of novelty and emergence in the world, with a particular focus on blockchain technology. (shrink)

Currently, electronic agents are being designed and implemented that, unprecedentedly, will be capable of performing legally binding actions. These advances necessitate a thorough treatment of their legal consequences. In our paper, we first demonstrate that electronic agents behave structurally similar to human agents. Then we study how declarations of intention stated by an electronic agent are related to ordinary declarations of intention given by natural persons or legal entities, and also how the actions of electronic agents in this respect have (...) to be classified under German law. We discuss four different approaches of classifying agent declarations. As one of these, we propose the concept of an electronic person (i.e., agents with limited liability), enrolment of agents into an agent register, and agent liability funds as means to serve the needs of all contracting parties. (shrink)

Introduction -- "Every Legitimate Government is Republican": Rousseau's Debt to and Departure from Montesquieu on Republicanism -- What if There is no Legislator? Rousseau's History of the Government of Geneva -- Rousseau's Republican Citizenship: The Moral Psychology of The Social Contract -- Rousseau's negative liberty: Themes of domination and skepticism in The Social Contract -- Rousseau's Ancient Ends of Legislation: Liberty, Equality (& Fraternity) -- Property and Possession in Rousseau's Social Contract -- Political Equality Among Unequals -- On the Primacy (...) of Peoplehood: Nations and Nationalism in Rousseau's Social Contract -- Rousseau on Voting and Electoral Laws -- Rousseau and the puzzle of the Roman Republic -- Rousseau's Case against Democracy -- Rousseau's Dilemma or "Of Civil Religion" -- Entreating the Political: Politics and Theology in Rousseau's Social Contract -- Civil Religion and Political Unity: Social Contract 4.8. (shrink)

This book explores how the design, construction, and use of robotics technology may affect today's legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of "hard cases." General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal (...) accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships. (shrink)

Fiester and Yuan discuss important ethical concerns regarding the use of behavior contracts in addressing conflict with patients and families labeled as “difficult” (Fiester and Yuan 2023). We agre...

Key n-grams are useful in the analysis of legal discourse as they help bring recurrent key expressions to the fore and understand the patterning of legal language. This paper aims to generate, analyse and compare the key n-grams of two legal corpora: a corpus of European directives on distance consumer contracts and a UK national legislation corpus on the same subject-matter. The corpora are considered, alternatively, as both focus and reference corpora. In this way, keyness, i.e., the terminology that (...) makes each corpus unique, is revealed from both corpora. The paper findings mostly bring to the fore five different patterns: differences in the key n-grams due to institutional or country-related factors; legalese influences; typical n-grams of Eurolect; dichotomy in the terminology used (albeit applying the same legal principles), and polysemy (i.e., similar words with different applications in various genres). This analysis confirms the usefulness and insightfulness of key n-grams in understanding the impact of disciplinary conventions in legal language. (shrink)

Safety-critical systems manufacturers have the duty of care, i.e., they should take correct steps while performing acts that could foreseeably harm others. Commonly, industry standards prescribe reasonable steps in their process requirements, which regulatory bodies trust. Manufacturers perform careful documentation of compliance with each requirement to show that they act under acceptable criteria. To facilitate this task, a safety-centered planning-time framework, called ACCEPT, has been proposed. Based on compliance-by-design, ACCEPT capabilities permit to design Compliance-aware Engineering Process Plans, which are able (...) to show the planning-time allocation of standard demands, i.e., if the elements set down by the standard requirements are present at given points in the engineering process plan. In this paper, we perform a case study to understand if the ACCEPT produced models could support the planning of space software engineering processes. Space software is safety and mission-critical, and it is often the result of industrial cooperation. Such cooperation is coordinated through compliance with relevant standards. In the European context, ECSS-E-ST-40C is the de-facto standard for space software production. The planning of processes in compliance with project-specific ECSS-E-ST-40C applicable requirements is mandatory during contractual agreements. Our analysis is based on qualitative criteria targeting the effort dictated by task demands required to create a CaEPP for software development with ACCEPT. Initial observations show that the effort required to model compliance and processes artifacts is significant. However, such an effort pays off in the long term since models are, to some extend, reusable and flexible. The coverage level of the models is also analyzed based on design decisions. In our opinion, such a level is adequate since it responds to the information needs required by the ECSS-E-ST-40C framework. (shrink)

Difficult moral issues in economic life, such as evaluating the impact of hostile takeovers and plant relocations or determining the obligations of business to the environment, constitute the raison d'etre of business ethics. Yet, while the ultimate resolution of such issues clearly requires detailed, normative analysis, a shortcoming of business ethics is that to date it has failed to develop an adequate normative theory.1 The failing is especially acute when it results in an inability to provide a basis for fine-grained (...) analyses of issues. Both general moral theories and stakeholder theory seem incapable of expressing the moral complexity necessary to provide practical normative guidance for many business ethics contexts. (shrink)

Difficult moral issues in economic life, such as evaluating the impact of hostile takeovers and plant relocations or determining the obligations of business to the environment, constitute the raison d'etre of business ethics. Yet, while the ultimate resolution of such issues clearly requires detailed, normative analysis, a shortcoming of business ethics is that to date it has failed to develop an adequate normative theory.1 The failing is especially acute when it results in an inability to provide a basis for fine-grained (...) analyses of issues. Both general moral theories and stakeholder theory seem incapable of expressing the moral complexity necessary to provide practical normative guidance for many business ethics contexts. (shrink)

The article discusses theoretical and practical issues one may face when applying various types of employment contracts, refers to specific legal relations governed by Labour Code standards, and raises issues that would help to solve the existing troubles. Last decades as globalization processes were gaining pace, and market economy conditions changed, labour and production organization models were undergoing transformation. The more complex people’s social relationships are, the greater is the need to regulate these relationships, i. e. to adopt legislation (...) that would create pre-conditions for addressing social interest conflicts. Thus a need has arisen for a new legal regulation because new activity models do not fit into traditional relationships governed by labour law. Along standard employment relationship, non-standard relationships occur in the market. In 2003 the Ministry of Social Security and Labour of the Republic of Lithuania issued recommendations for employers on flexible work organisation forms and indicated reasons for the organisation of flexible work forms: the nature of work and employee’s demographic and social characteristics; fulfilment of family duties; health condition; unfavourable work environment; employee’s age; studying and studies. (shrink)

Extant social contracts, deriving from communities of individuals, constitute a significant source of ethical norms in business. When found consistent with general ethical theories through the application of a filtering test, these real social contracts generate prima facie duties of compliance on the part of those who expressly or impliedly consent to the terms of the social contract, and also on the part of those who take advantage of the instrumental value of the social contracts. Businesspeople typically (...) participate in multiple communities and, as a consequence, encounter conflicting ethical norms. Priority rules can be devised to resolve such conflicts. The framework of extant social contracts merges normative and theoretical research in business ethics and specifies a domain for empirical studies. (shrink)

Can the evidence provided by software systems meet the standard of proof for civil or criminal cases, and is it individualized evidence? Or, to the contrary, do software systems exclusively provide bare statistical evidence? In this paper, we argue that there are cases in which evidence in the form of probabilities computed by software systems is not bare statistical evidence, and is thus able to meet the standard of proof. First, based on the case of State v. (...) Loomis, we investigate recidivism predictions provided by software systems used in the courtroom. Here, we raise problems for software systems that provide predictions that are based on bare statistical evidence. Second, by examining the case of People v. Chubbs, we argue that the statistical evidence provided by software systems in cold hit DNA cases may in some cases suffice for individualized evidence, on a view on which individualized evidence is evidence that normically supports the relevant proposition (Smith, in Mind 127:1193–1218, 2018). (shrink)

In this section, we will start with an influential attempt to define `intelligence', and then we will move to a consideration of how human intelligence is to be investigated on the machine model. The last part of the section will discuss the relation between the mental and the biological.

We study envy-free allocations in a many-to-many matching model with contracts in which agents on one side of the market (doctors) are endowed with substitutable choice functions and agents on the other side of the market (hospitals) are endowed with responsive preferences. Envy-freeness is a weakening of stability that allows blocking contracts involving a hospital with a vacant position and a doctor that does not envy any of the doctors that the hospital currently employs. We show that the (...) set of envy-free allocations has a lattice structure. Furthermore, we define a Tarski operator on this lattice and use it to model a vacancy chain dynamic process by which, starting from any envy-free allocation, a stable one is reached. (shrink)

Integrative social contracts theory (ISCT) uses empirical methods to develop guidelines for international business ethics. This article criticizes ISCT in terms of the way people actually think about contracts and agreements around the globe. Differences in orientations to communications context, moral reasoning, and institutional and structural conditions make the identification of authentic norms, hypernorms, and relevant communities problematic. The difficulties of the empirical methods suggest recourse to more traditional theoretical approaches for the identification of hypernorms as well as (...) a stronger test for the compatibility of authentic norms with hypernorms. (shrink)

Today's modern car is an assemblage of mechanical and digital components, of metal panels that comprise its structure and silicon chips that run its functions. Communication and information studies scholars have interrogated the problematic aspects of the programs that run those functions, revealing serious issues surrounding privacy and security, worker surveillance, and racial, gendered, and class-based bias. This article contributes to that work by taking a step back and asking about the issues inherent not in the software running on (...) these chips, but on the microchips themselves. Using the lens of “chipification”—the process by which a device is rendered capable of reading and processing data through the embedding of microchips—this article explores how the integration of microchips also involves processes that are often borne from, replicate, or create troubling power dynamics of their own. It takes light-duty passenger vehicles as a case study into how chipification is radically reshaping such processes as resource allocation, labor flows, and cultural practices around car manufacture, use, repair, and modification. By naming the process of chipification, this article allows researchers to identify and analyze the ways that integrating data processing capabilities into everyday devices is not a frictionless practice, but rather one that implicates a variety of power dynamics within these massive industries. (shrink)

The intention of the article is to offer stakeholders affected by mergers a criterion from which moral arguments may be generated for the organization of each individual case. The criterion: "Any operation causing legitimate interests to suffer vital infringement should be avoided in a merger process." A vital infringement of these interests is assumed when the merger undermines unique positive opportunities or considerable impairment in the future, impossible to overcome for the person affected without an unacceptable level of difficulty. Therefore, (...) we mainly concentrate on implicit contracts – which should be based on the principle pacta sunt servanda as well. These contracts are mandatory to run an economy that produces increasingly more knowledge-based goods. (shrink)

This paper proposes an innovative approach to achieving real-time polymorphic behavior detection, and its direct application to blockchain-focused smart-contracts. We devise a method based on a non-deterministic finite state machine to perform approximate pattern-matching, using a look-ahead mechanism implemented through a concept similar to that of a sliding window, and using threshold-based similarity checking at every state in the automaton. We introduce and formalize our approach, discuss the challenges we faced and then test it in a real-world environment. The (...) experimental results obtained showed a significant speed-up of our approach, as compared to the classic similarity measures used commonly in such scenarios. (shrink)