This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. (...) -/- On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence. (shrink)

An algebraic approach to programs called recursive coroutines — due to Janicki [3] — is based on the idea to consider certain complex algorithms as algebraics models of those programs. Complex algorithms are generalizations of pushdown algorithms being algebraic models of recursive procedures (see Mazurkiewicz [4]). LCA — logic of complex algorithms — was formulated in [11]. It formalizes algorithmic properties of a class of deterministic programs called here complex recursive ones or interacting stacks-programs, for which complex algorithms constitute mathematical (...) models. LCA is in a sense an extension of algorithmic logic as initiated by Salwicki [14] and of extended algorithmic logic EAL as formulated and examined by the present author in [8], [9], [10]. In LCA — similarly as in EAL-ω + -valued logic is applied as a tool to construct control systems (stacks) occurring in corresponding algorithms. The aim of this paper is to give a complete axiomatization. of LCA and to prove a completeness theorem. (shrink)

Acting for the good of the patient is the most fundamental and universally acknowledged principle of medical ethics. However, given the complexity of modern medicine as well as the moral fragmentation of contemporary society, determining the good is far from simple. In his philosophy of medicine, Edmund Pellegrino develops a conception of the good that is derived from the internal morality of medicine via the physician-patient relationship. It is through this healing relationship that rights, duties, and privileges are defined for (...) both physicians and patients. Moreover, this relationship determines the characteristics or virtues that are necessary to engage in the medical telos. This paper addresses the role of the moral virtues in clinical medicine and the physician-patient relationship. First, it provides a brief background of the Aristotelian foundations of virtue-ethics. Second, it delves into Pellegrino’s philosophy of medicine understood as a practice oriented towards a teleological goal. Third, it relates the telos of medicine to the notion of the medical community as a fundamentally moral community. Finally, it concludes with a section that creates a dialogue between virtue ethics and principlism. (shrink)

Para Tocqueville, a igualdade e a liberdade são ambas necessárias à existência de um estado democrático.No presente artigo,tentaremos provar que a realização da liberdade em um tal estado,no pensamento de Tockeville, está intrinsicamente ligada à virtude dos cidadãos.

While nudging has garnered plenty of interdisciplinary attention, the ethics of applying it to climate policy has been little discussed. However, not all ethical considerations surrounding nudging are straightforward to apply to climate nudges. In this article, we overview the state of the debate on the ethics of nudging and highlight themes that are either specific to or particularly important for climate nudges. These include: the justification of nudges that are not self-regarding; how to account for climate change denialists; transparency; (...) knowing the right or best behaviours; justice concerns; and whether the efficacy of nudges is sufficient for nudges to be justified as a response to the climate crisis. We conclude that climate nudges raise distinct ethical questions that ought to be considered in developing climate nudges. (shrink)

Purpose The purpose of this paper is to report on empirical work conducted to open up algorithmic interpretability and transparency. In recent years, significant concerns have arisen regarding the increasing pervasiveness of algorithms and the impact of automated decision-making in our lives. Particularly problematic is the lack of transparency surrounding the development of these algorithmic systems and their use. It is often suggested that to make algorithms more fair, they should be made more transparent, but exactly how this can be (...) achieved remains unclear. Design/methodology/approach An empirical study was conducted to begin unpacking issues around algorithmic interpretability and transparency. The study involved discussion-based experiments centred around a limited resource allocation scenario which required participants to select their most and least preferred algorithms in a particular context. In addition to collecting quantitative data about preferences, qualitative data captured participants’ expressed reasoning behind their selections. Findings Even when provided with the same information about the scenario, participants made different algorithm preference selections and rationalised their selections differently. The study results revealed diversity in participant responses but consistency in the emphasis they placed on normative concerns and the importance of context when accounting for their selections. The issues raised by participants as important to their selections resonate closely with values that have come to the fore in current debates over algorithm prevalence. Originality/value This work developed a novel empirical approach that demonstrates the value in pursuing algorithmic interpretability and transparency while also highlighting the complexities surrounding their accomplishment. (shrink)

The aim of this article is to explore the Irish dancing body by combining the growing social science interest in mobility with the established area of the body as a site of culture. On the basis of ethnographic observations and interviews about dance and culture in Ireland, I will discuss the Irish dancing body in relation to the construction of social memory, the embodiment of values linked to Irish national identity, mobility, dance competitions and global touring. First, I will detail (...) three distinct movement sequences from different dance forms in Ireland: competitive Irish dancing, dance theatre and Riverdance(the commercial Irish dance show). Second, I will look at how dance can be said to travel around Ireland, north and south, as well as back and forth to Ireland. The idea of the Irish dancing body offers an example of the unity of body and mind in dance, revealing also that abstract dance and movement communicate stories about their societies. In Irish dance, these stories feature displacement, longing and resistance, often steeped in the history. I conclude that this social memory connects a distinct Irish tradition with European modernity. (shrink)

The article examines Patrick Modiano's much commented upon semi-autobiographical historiographic metafiction Dora Bruder [The Search Warrant] (1997) through the lens of two interconnected theoretical concepts: the "differend", coined by Jean-François Lyotard to designate a situation where a plaintiff is divested of linguistic and legal means to claim her damage, and the "material witness", as Susan Schuppli has dubbed an object capable of testifying to past violence. I argue that, in the face of the evidential deficit that proceeds from the destruction (...) of the Jewish diaspora of Paris during the Holocaust and from France's post-war memory politics in relation to the Occupation and Deportation, Modiano relies on the French capital's topography and architecture for information about Dora, her parents, and her community. Moreover, like Schuppli, he invests Parisian addresses with juridical significance so that they can become witnesses in the case he builds against wartime and post-war French authorities with a view to countering the differend to which Dora and her likes have been sentenced. (shrink)

The European Commission has recently proposed the introduction of legally binding quotas for women on corporate boards of European companies. This proposal has put the spotlight on the question of whether increasing female representation on the board brings economic benefits to the firm. In order to shed light on the issue, this study investigates the direct and indirect effects of women on the board on firm value. We use a simultaneous equation model to estimate the effects of women on the (...) board on firm value, financial performance, and compliance with ethical and social principles adopted by the firm. We find no evidence that a higher female representation on the board directly affects firm’s value. However, we find indirect effects. Women on the board are positively related with financial performance (measured in terms of return on assets and return on sales) and with ethical and social compliance, which in turn are positively related with firm value. The findings in this study suggest that greater female representation on corporate boards of large European firms can increase firm value indirectly. Further, part of the indirect effect comes from stronger compliance with ethical principles, something that is not captured by accounting-based financial performance. (shrink)

Background: Dignity is a multidimensional construct that includes perception, knowledge, and emotions related to competence or respect. Attitudes to aging are a comprehensive personal view of the experience of aging over the course of life, which can be influenced by various factors, such as the levels of health and self-sufficiency and social, psychological, or demographic factors. Aim: The purpose of this study was to explore the attitudes to aging of home-dwelling and inpatient older adults, and whether dignity and other selected (...) factors belong among the predictors influencing attitudes to aging in these two different groups of older adults. Research design: Cross-sectional study using a set of questionnaires: Patient Dignity Inventory, Attitudes to Aging Questionnaire, and Barthel Index. Pearson and Spearman correlation analyses and multivariable linear regression were used for statistical processing. Participants and research context: 233 inpatients and 237 home-dwelling older adults participated in the research in two regions of the Czech Republic. Ethical considerations: Institutional Review Board approval was received from the authors’ university. Findings: The inpatients had more negative attitudes to aging (M = 74.9±10.9; P <0.0001). The predictors of their attitudes to aging were gender and dignity. Women ( β = −2.969, P = 0.045) and inpatients with poor dignity ratings ( β = −0.332, P <0.0001) had more negative attitudes to aging. The predictors for home-dwelling older adults were education, living arrangement, and dignity. More negative attitudes to aging were found in older adults with lower levels of education ( β = 2.716, P = 0.007) who lived alone ( β = 2.163, P = 0.046) and rated their dignity as low ( β = −0.325, P <0.0001). Discussion and Conclusions: The results of this study add to the understanding that a sense of dignity is an important predictor of attitudes to aging for both home-dwelling older adults and inpatients. (shrink)

Contents: Acknowledgements. Preface. CHAPTER ONE: OLDCOMB AND NEWCOMB. 1. In the King Comb's Chamber of Game. 2. The Newcombian Predicaments. CHAPTER TWO: ANANKE. 1. Fatalism: What It Is Not? 2. Fatalism: What Is It? 3. Fatalism and a priori Arguments. 4. Fatalism and ‘Internal' Experience. 5. Determinism, Indeterminism and Fatalism. 6. Transientism, Eternism and Fatalism. 7. Fatalism: What It Does Not Imply? CHAPTER THREE: FATED FREEDOM. 1. More on Libertarianism. 2. On the Deterministic Concept of Freedom. 3. Moral Self and (...) Responsibility in the Light of Probabilism. 4. Fated Freedom. CHAPTER FOUR: THE VIRUS OF FATALISM. 1. Fatalism and Problems of Cognition. 2. The Virus of Fatalism: Why Mostly Harmless? (shrink)

Using a comprehensive quotation from a book of Władysław Krajewski a characteristic of moderate scientism (to be called scientism below) is given. That is the stance I share with Krajewski. I complement the characteristic presenting scientism as an approved by me "naive trust in science". In the main part of the paper I discuss, however, the limitations imposed by contemporary science on the traditional epistemological optimism of scientism.

Although indisputably one of the most important thinkers in the Western intellectual tradition, Rousseau's actual place within that tradition, and the legacy of his thought, remains hotly disputed. Thinking with Rousseau reconsiders his contribution to this tradition through a series of essays exploring the relationship between Rousseau and other 'great thinkers'. Ranging from 'Rousseau and Machiavelli' to 'Rousseau and Schmitt', this volume focuses on the kind of intricate work that intellectuals do when they read each other and grapple with one (...) another's ideas. This approach is very helpful in explaining how old ideas are transformed and/or transmitted and new ones are generated. Rousseau himself was a master at appropriating the ideas of others, while simultaneously subverting them, and as the essays in this volume vividly demonstrate, the resulting ambivalences and paradoxes in his thought were creatively mined by others. (shrink)

The Covid-19 induced United Kingdom-wide lockdown in 2020 saw choirs face a unique situation of trying to continue without being able to meet in-person. Live networked simultaneous music-making for large groups of singers is not possible, so other “virtual choir” activities were explored. A cross sectional online survey of 3948 choir members and facilitators from across the United Kingdom was conducted, with qualitative analysis of open text questions, to investigate which virtual choir solutions have been employed, how choir members and (...) facilitators experience these in comparison to an “in-person” choir, and whether the limitations and opportunities of virtual choir solutions shed light on the value of the experience of group singing as a whole. Three virtual choir models were employed: Multi-track, whereby individuals record a solo which is mixed into a choral soundtrack; Live streamed, where individuals take part in sessions streamed live over social media; Live tele-conferencing, for spoken interaction and/or singing using tele-conferencing software. Six themes were identified in the open text responses: Participation Practicalities, encompassing reactions to logistics of virtual models; Choir Continuity, reflecting the responsibility felt to maintain choir activities somehow; Wellbeing, with lockdown highlighting to many the importance of in-person choirs to their sense of wellbeing; Social Aspects, reflecting a sense of community and social identity; Musical Elements, whereby the value of musical experience shifted with the virtual models; Co-creation through Singing, with an overwhelming sense of loss of the embodied experience of singing together in real-time, which is unattainable from existing virtual choir models. The experiences, activities and reflections of choir singers during lockdown present a unique perspective to understand what makes group singing a meaningful experience for many. Co-creation through Singing needs further investigation to understand the impact of its absence on virtual choirs being able re-create the benefits of in-person choirs. (shrink)

This paper investigates the role of a pre-existing body-model that is an enabling constraint for the incorporation of objects into the body. This body-model is also a basis for the distinction between body extensions (e.g., in the case of tool-use) and incorporation (e.g., in the case of successful prosthesis use). It is argued that, in the case of incorporation, changes in the sense of body-ownership involve a reorganization of the body-model, whereas extension of the body with tools does not involve (...) changes in the sense of body-ownership. (shrink)

Provability, Computability and Reflection.

From the Guest Editors Content Type Journal Article DOI 10.1007/s10806-010-9272-4 Authors Helena Röcklinsberg, Swedish University of Agricultural Sciences (SLU) Department of Animal Environment and Health Box 7068 750 07 Uppsala Sweden Mickey Gjerris, University of Copenhagen Danish Centre for Bioethics and Risk Assessment Rolighedsvej 25 1958 Frederiksberg C Denmark Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863.

Assisted migration is a controversial conservation measure that includes moving species threatened by climate change beyond their indigenous range. Sandler argues that assisted migration exhausts most of the value of the species moved and that assisted migration, thus, fails to be a workable conservation measure. We show how accepting the moral relevance of species’ indigenous range helps to reconcile Sandler's argument with earlier arguments about value loss in ecosystem restoration by Elliot and Katz. Contrary to Sandler, they do not favour (...) losing a biological unit to retaining it in a human-influenced form. Drawing on the distinction between property- and history-based understandings of naturalness, we further argue that the outcomes of assisted migration to the predicted range are more natural in the property-based sense of the term, and thus retain more value, than the outcomes of ‘‘assisted migration'’ elsewhere. (shrink)

This paper presents a way of classifying different forms of naturalness and unnaturalness. Three main forms of (un)naturalness are found as the following: history- based (un)naturalness, property-based (un)naturalness and relation-based (un)naturalness. Numerous subforms (and some subforms of the subforms) of each are presented. The subforms differ with respect to the entities that are found (un)natural, with respect to their all-inclusiveness, and whether (un)naturalness is seen as all-or-nothing affair, or a continuous gradient. This kind of conceptual analysis is needed, first, because (...) discussion concerning (un)naturalness is common in current bioethics and environmental ethics, and second, because the terms natural and unnatural are highly ambiguous. Thus, the lack of an exact definition of the type of (un)naturalness may lead into equivocation, other forms of bad argumentation, or at least vagueness. (shrink)

The subject of this article is the attitude of a famous Polish philosopher of the twentieth century, Henryk Elzenberg towards practical work and theoretical achievements of Mohandas Karamczand Gandhi. The analysis of the issue focuses on a question: to what degree are Elzenberg’s opinions about Gandhi’s thought and work an attempt to understand the phenomenon of a moral revolution of the spiritual leader and to what degree are they a presentation of his own comprehension of philosophy? The analysis shows that (...) Elzenberg treats philosophy as an area of confrontation, where referring to others develops his own approach. (shrink)

The research presented in this paper is the first wave of a longitudinal study of a Cambodian information and communication for development (ICT4D) project, iREACH, aimed at testing a framework for evaluating whether and how such initiatives can contribute to capabilities, empowerment and sustainability. The framework is informed by Amartya Sen’s capability approach (CA), uses a participatory methodology, considers the micro-, meso-, and macro- levels in understanding the role ICT can play in the development process, and adopts a forward-looking longitudinal (...) perspective. Key findings of this research are that the project had contributed to livelihoods and other aspects of well-being in diverse ways, primarily in education, health, and farming. Participants also valued the project because of its contribution to empowerment, particularly gender empowerment. Another way in which participants valued iREACH was of a more intrinsic nature, manifested in a general appreciation of just being part of the world and knowing about events in other parts of Cambodia and beyond. These findings are consistent with the CA’s emphasis on development being about more than economic growth and support the importance of considering external factors, conceptualised here as the meso- and macro- levels, in the conversion of commodities in the form of services provided at iREACH, to capabilities. (shrink)

Decision-making capacity (DMC) is the gatekeeping element for a patient’s right to self-determination with regard to medical decisions. A DMC evaluation is not only conducted on descriptive grounds but is an inherently normative task including ethical reasoning. Therefore, it is dependent to a considerable extent on the values held by the clinicians involved in the DMC evaluation. Dealing with the question of how to reasonably support clinicians in arriving at a DMC judgment, a new tool is presented that fundamentally differs (...) from existing ones: the U-Doc. By putting greater emphasis on the judgmental process rather than on the measurement of mental abilities, the clinician as a decision-maker is brought into focus, rendering the tool more of an evaluation guide than a test instrument. In a qualitative study, the perceived benefits of and difficulties with the tool have been explored. The findings show on the one hand that the evaluation aid provides basic orientation, supports a holistic perspective on the patient, sensitizes for ethical considerations and personal biases, and helps to think through the decision, to argue, and to justify one’s judgment. On the other hand, the room for interpretation due to absent operationalisations, related ambiguities, and the confrontation with one’s own subjectivity may be experienced as unsettling. (shrink)

This article explores anti-racist education in business schools amidst the backlash against critical race theory in an anti-Black world. I conduct an autoethnography of my experiences as a woman of colour and management educator who has attempted to bring critical discussions of race and racism into my classrooms. The article examines the barriers to anti-racist teaching in business schools and shows how they interweave individual/interpersonal, institutional, and ideological domains of power. Through my stories, I offer an account of the ways (...) anti-racist education may be limited when it relies on the efforts of individual academics and reveal the tolls that anti-racist education can take on the educator, especially when they are navigating wider systems that are hostile to racial justice. By interrogating the challenges of anti-racist education, I also reflect on the practices and conditions that make meaningful anti-racist education possible. (shrink)