In contemporary society, information unsurprisingly morphed into commodity. The IT industry that functions in the market economy and that perceives information as commodity encountered numerous problems that are related to specific features of information. These problems triggered two parallel developments aiming at the protection of intellectual property claimed for the creation of informational contents. On the one side, traditional intellectual property laws were expanded to cover certain aspects of privately owned or privately claimed cultural information. On the other side, new (...) technological devices were developed to provide technological protection for information defined as private property. Tensions and rivalry between both areas of regulation, legal and technological, became particularly visible within the debate about Digital Rights Management (DRM). This debate emerged as a response to institutionalized legal protection of intellectual property that was frequently perceived in the concerned industry as rigid and inadequate. Nowadays, tensions between legal and technological means of protection remain problematic in the emerging law of information. These tensions are rooted in mutually excluding economic interests, yet also in the concepts in which they are expressed and regulated. Therefore, this essay analyzes processes of concept creation in the named approaches to information perceived as commodity. It shows that the adequate solution of regulatory problems depends upon the clarification of conceptualization processes in legislative initiatives rather than on compromises related to economic interests of stakeholders taking part in the debate about the appropriate attribution of digital property rights. This essay concludes upon the idea that legislative measures constitute the most efficient mechanism to regulate social conflicts, not only in the area of digital law. As a further consequence of this finding, the author proposes an overhaul of the concept of copyright as the first step towards a better conceptual framing of the law of cultural contents. (shrink)

Important and original, this book presents an entirely new way of understanding Technology - as the successor to the dominant ideologies that have underpinned the thought and practices of the West. Like Deity, State and Market, Technology displays the features of a modern myth, promising to deal with our existential concerns by creating a fully empowered sense of the individual on condition of our subjection to it.David Grant and Lyria Bennett Moses examine the dynamics of each of these (...) ideologies, showing how Technology shares their mythological characteristics. They argue that this new myth has not only dominated science to establish its credentials but, utilising robust empirical evidence, they show how law has been imbued with mythological thinking. Demonstrating that law adopts a mythological approach in attempting to regulate technology, they argue that the pathway out of this mythological maze is to establish a new sense of political, corporate and personal self-responsibility.Students and scholars working in the field of emerging technologies and their relationship to politics, corporations, science, law, ethics, and any combination thereof, will find herein a wealth of new directions for their studies. Legal theorists and legal philosophers in particular will find much food for thought in the presentation of this new paradigm. (shrink)

The dynamic development of science and technology in the last decades has led to new challenges in jurisprudence. This holds for individual fields of doctrinal law as well as the concerned fields of jurisprudence. It is especially significant for the structure of justice, the efficiency of law as a steering instrument of society, and the empirical conditions of legal responsibility. In a jurisprudential perspective, the philosophy of law is rather engaged with the adaptiveness of its traditional principles and categories (...) or the capacity to come to terms with the new developments and less concerned with concrete matters of law. (shrink)

Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence âe" self-governing systems âe" challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to the functioning of modern (...) legal systems. But once artificial entities become more autonomic, and less dependent on deliberate human intervention, criteria like agency, intentionality and self-determination, become too fragile to serve as defining criteria for human subjectivity, personality or identity, and for characterizing the processes through which individual citizens become moral and legal subjects. Are autonomic âe" yet artificial âe" systems shrinking the distance between (acting) subjects and (acted upon) objects? How âe~distinctively humanâe(tm) will agency be in a world of autonomic computing? Or, alternatively, does autonomic computing merely disclose that we were never, in this sense, âe~humanâe(tm) anyway? A dialogue between philosophers of technology and philosophers of law, this book addresses these questions, as it takes up the unprecedented opportunity that autonomic computing and ambient intelligence offer for a reassessment of the most basic concepts of law. (shrink)

The paper discusses legal implications of the expansion of practical uses of mathematics in social life. Taking as a starting point the omnipresence of mathematical infrastructures underlying policies, technology and markets, the paper proceeds by attending to relevant materials offered by general philosophy, legal philosophy, and the history and philosophy of mathematics. The paper suggests that the modern transformation of mathematics and its practical applications have spurred the emergence of multiple useful technologies and forms of social interaction but have (...) impoverished access to meanings originating in the lifeworld. The paper also argues that, as part of devices of interest aggregation and expert networks, mathematical infrastructures can be scrutinized by a revised form of legal practice that subjects them to legal critique and reconstruction in order to overcome conditions that have eroded the moral self-awareness of individuals and communities and their existential meanings. (shrink)

The paper discusses legal implications of the expansion of practical uses of mathematics in social life. Taking as a starting point the omnipresence of mathematical infrastructures underlying policies, technology and markets, the paper proceeds by attending to relevant materials offered by general philosophy, legal philosophy, and the history and philosophy of mathematics. The paper suggests that the modern transformation of mathematics and its practical applications have spurred the emergence of multiple useful technologies and forms of social interaction but have (...) impoverished access to meanings originating in the lifeworld. The paper also argues that, as part of devices of interest aggregation and expert networks, mathematical infrastructures can be scrutinized by a revised form of legal practice that subjects them to legal critique and reconstruction in order to overcome conditions that have eroded the moral self-awareness of individuals and communities and their existential meanings. (shrink)

The major moral issues of our time have been made vital and immediate by the convergence of numerous factors. Among these are a technology that has produced the threat of nuclear holocaust, that can maintain life beyond the death of the brain, that can destroy the natural world, and that produces deadly, indestructible waste. There is a new sensitivity to the injustices suffered by minorities. Impoverishment and starvation are now the fate of millions. Political tyranny is a continuing threat. (...) Finally, the rise of a new religiousness has had an impact on morals and public affairs. In these provocative essays chosen from The Tanner Lectures on Human Values and first published in 1987, four internationally distinguished scholars explore the moral implications of these issues in today's world. (shrink)

How might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace -- in other words --the 'posthuman' condition -- a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law? This carefully curated book addresses these and (...) related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other. Bold and astute, it draws an invigorating and lively mix of participants into its conversation: soils, urban animals, rivers, rights, Indigenous legalities, property as habitat, swarms, 'unusual posthuman capacities', decolonial critiques, eco-feedback, arts, affective encounters and more besides. Ultimately, this pivotal work shows how law currently fails to respond to the challenges and realities it faces, while demonstrating that law can also be a co-emergence of 'something else', more responsive, relational and prefigurative. Lively and engaging, Posthuman Legalities will prove an imperative read for students and scholars with a keen interest in breaking down barriers to address emerging challenges in environmental law, climate law, and human rights law, in conversation with new approaches to planetary justice. (shrink)

This book's aims are to determine the importance of legal philosophy in legal education and in addition to develop alternative methods for teaching law in general and the philosophy of law in particular. In this context, the individual essays in this volume discuss the alternatives and tendencies in the quest for an adequate model of teaching and learning jurisprudence. Common to all of them is a commitment to the necessary integration of theoretical and practical knowledge, of traditional case and lecture (...) methods with non-traditional models such as cinema, drama, and literature, and of the dominant legal perspective with alternative approaches utilizing information technologies such as computers and the internet. Effective teaching and learning must favor critical and strategic thinking, dialectical and dialogical inquiry or research, problem-solving, role-playing, and skill-developing over mere rote memorization of existing rules and standard answers. (shrink)

The research analyzes the process of formation of the ethics committee as a new institution in the system of regulation of genetic research. The external factors of this process are the increasing digitalization of medical and research practices, as well as the special situation that is developing in the field of genomic research and the use of genetic technologies, where issues of philosophy, jurisprudence and administration have generated many fundamentally new, and sometimes unexpected contexts. The author shows the similarity and (...) difference of approaches to the inclusion of the ethics committee in the national regulatory systems of different countries and determines the prospects for further integration of the new institution into normative and administrative-regulatory and law enforcement practices. The research applies all the main methods of system analysis and structural and functional analysis, as well as the comparative legal method. At the stage of generalization of empirical material, the author turns to the means and methods of philosophical phenomenology and phenomenological sociology. The study revealed that the ethics committee may have different institutional and regulatory functions in a variety of management and legal systems. Being hybrid in nature, the ethics committee performs various functions, and in various state legal systems and traditions it can combine elements of legislative, executive and judicial power. At times, the ethics committee may go beyond the scope of both a purely administrative and exclusively legal regulator. All this indicates that the integration of this institution into the legal system and into a variety of social practices is far from being completed. (shrink)

This ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, assessing (...) the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted. Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination. Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C. Graber, M. Hildebrandt, C. Maple, K. O'Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. Veale. (shrink)

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

AI has numerous applications and in various fields, including the military domain. The increase in the degree of autonomy in some decision-making systems leads to discussions on the possible future use of lethal autonomous weapons systems (LAWS). A central issue in these discussions is the assignment of moral responsibility for some AI-based outcomes. Several authors claim that the high autonomous capability of such systems leads to a so-called “responsibility gap.” In recent years, there has been a surge in philosophical literature (...) around the concept of responsibility gaps and different solutions have been devised to close or bridge these gaps. In order to move forward in the research around LAWS and the problem of responsibility, it is important to increase our understanding of the different perspectives and discussions in this debate. This paper attempts to do so by disentangling the various arguments and providing a critical overview. After giving a brief outline of the state of the technology of LAWS, I will review the debates over responsibility gaps using three differentiators: those who believe in the existence of responsibility gaps versus those who do not, those who hold that responsibility gaps constitute a new moral problem versus those who argue they do not, and those who claim that solutions can be successful as opposed to those who believe that it is an unsolvable problem. (shrink)

Laws: are they a human invention or are they independent and indifferent to our existence? Are they there to be discovered, dictated, and enforced? Are they absolute and rigid, or do they evolve? Are they applicable in some cases and irrelevant in others? A group of multidisciplinary fellows and world-leading mentors from all habitable continents met at the Nanyang Technological University, Singapore and the IAS University of Birmingham, UK, to share and challenge their opinions on the subject. The results of (...) their deliberations are to be found in the chapters of this book. The existence, dynamics, and flexibility of laws are analyzed in the arts, economy, engineering, history, philosophy, and science. The role of law in real-life applications such as the historic transformations of laws in South Africa, the construction of dynamic cities within the law, potential insurmountable obstacles to building quantum computers, as well as charting the best route to low or even zero carbon emissions are addressed by the fellows and mentors. The meetings were held within the framework of the Inter-Continental-Academia of the University-Based Institutes of Advanced Studies. The concept is also described in this book. (shrink)

Presenting legal and philosophical essays on money, this book explores the conditions according to which an object like a piece of paper, or an electronic signal, has come to be seen as having a value. Money plays a crucial role in the regulation of social relationships and their normative determination. It is thus integral to the very nature of the "social," and the question of how society is kept together by a network of agreements, conventions, exchanges, and codes. All of (...) which must be traced down. The technologies of money discussed here by Searle, Ferraris, and Condello show how we conceive the category of the social at the intersection of individual and collective intentionality, documentality, and materiality. All of these dimensions, as the introduction to this volume demonstrates, are of vital importance for legal theory and for a whole set of legal concepts that are crucial in reflections on the relationship between law, philosophy, and society. (shrink)

Introduction -- Karl Marx's concept of alienation -- Objectification, alienation, and estrangement -- Other origins of alienation and objectification -- Marx's account of alienation : from early to late -- The alienated object of production : commodity fetishism -- The alienated means of production : machine fetishism -- Machines and the transformation of work -- Marx's energeticist turn -- The first law of thermodynamics -- From arbeit to arbeitskraft -- The second law of thermodynamics -- Machines in the communist future (...) -- Technology and the boundaries of nature -- Material wealth and value : the Grundrisse's fragment on machines -- The strife between technology and capital : the fall in the rate of profit -- Enjoyment not value : challenging the logic of exhaustion -- Man himself as fixed capital -- Class kinship and the redistribution of the means of production -- Machines in the capitalist reality -- Between thermodynamics and humanism : approaching capital -- Machinery as an historical category of production -- Machines, trains, and other capitalist monsters -- Rough, foul-mouthed boys : women's monstrous laboring bodies -- Wage labor and race -- Wage labor and sexuality -- Machinery and revolution -- Alienation beyond Marx -- Science and technology in Marx's excerpt notebooks -- Karl Marx and Charles Babbage -- Machines and temporality : the treadmill effect and free time -- Technophobia and technophilia -- Technophobia and twentieth-century theory. (shrink)

Who is the 'I' that performs? The arts of the twentieth and twenty-first centuries have pushed us relentlessly to reconsider our notions of the self, expression, and communication: to ask ourselves, again and again, who we think we are and how we can speak meaningfully to one another. Although in other performing arts studies, especially of theatre, the performance of selfhood and identity continues to be a matter of lively debate in both practice and theory, the question of how a (...) sense of self is manifested through musical performance has been neglected. The authors of 'Voices, Bodies, Practices' are all musician-researchers: the book employs artistic research to explore how embodied performing "voices" can emerge from the interactions of individual performers and composers, musical materials, instruments, mediating technologies, and performance contexts. (shrink)

This book provides a detailed discussion of the theoretical and practical implications of the change driven by ICTs. Such a change is often much more profound than an emphasis on information technology and society can capture, for not only does it bring about ethical and policy vacuums that call for a new understanding of ethics, politics and law, but it also "re-ontologizes reality", as propounded by Luciano Floridi's philosophy and ethics of information. The informational turn is transforming our understanding (...) of reality by challenging the conventional ways we have of thinking about our world and our identities in terms of stable and enduring structures and beliefs. The information age we inhabit brings to completion our self-understanding as informational systems that produce, process, and exchange information with other informational systems, in an environment that is itself made up of information. The present volume provides us with a better understanding of the normative nature and role of information, helping us to grasp the sense and extent to which informational resources serve as "constraining affordances" guiding our behaviours. It does so by delineating the background against which we build our beliefs about reality, make decisions, and behave, through our interactions with a multi-agent system that is increasingly dependent on ICTs. The book will be of interest to a vast audience, ranging from information technologists, ethicists, policy makers, social and legal scholars, and all those willing to embrace the following three tenets: we construct our world and ourselves informationally; by constructing our world and ourselves we thereby become aware of our limits; it is precisely these limits that make us become human beings. (shrink)

In this article, I argue that lawmakers must abandon their previous reluctance to engage with questions of personal identity (PI). While frequently seen as an esoteric subject, of limited interest outside of academic philosophy departments, I attempt to show that, in fact, assumptions about PI—and its durability in the face of certain psychological or genetic changes—underpin many current legal rules. This is most perhaps obviously exemplified with regard to reproductive technologies. Yet the Parfitian challenge to identify a victim of ‘bad’ (...) reproductive choices has been largely overlooked in framing legislative responses to such technologies. Furthermore, I argue, it is not only with regard to emerging technologies that questionable assumptions about PI play a role; legal responses to questions about the attribution of criminal responsibility, and about the treatment of demented or brain-injured people, necessitate a frank engagement with such questions. It may be, however, that a multi-faceted approach to PI, which takes account of genetic, psychological and social factors—will prove a better fit for the myriad needs of the legal system than any sort of ‘unified theory of identity’. (shrink)

Corporeality, Medical Technologies and Contemporary Culture engages the confusions and contradictions in current attitudes to, and practices of, the body. On the one hand, the body is where we turn for the certainties of nature; yet, on the other, it is the locus of a desire for permanent transformation and for constant reinvention. The body is at the same time worshipped and despised: so that now it has come to constitute not just an object of desire, but an object of (...) design. Addressing practices of corporeal ascesis- such as bodybuilding and dietetics - medical technologies - such as plastic surgery, prosthetics, and pharmacological interventions - and radical anatomical modifications- such as voluntary amputations, Francisco Ortega analyses how the body has become a screen for the projection of our ideas and imaginings about ourselves; and has also been turned into an object of suspicion, fear, anxiety, insecurity and discomfort. From the disembodied ideal of the digital purity of models - in which every little piece of fat is digitally eliminated - through the disembodiment implicit in social constructivist rejections of materiality, to the various projects of virtual reality, artificial intelligence, and posthumanism, Corporeality, Medical Technologies and Contemporary Culture documents the ambiguous legacy of a western theoretical tradition that has always despised the body. (shrink)

Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with (...) data privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us. (shrink)

Transformer-based language models (TLMs) have widely been recognized to be a cutting-edge technology for the successful development of deep-learning-based solutions to problems and applications that require natural language processing and understanding. Like for other textual domains, TLMs have indeed pushed the state-of-the-art of AI approaches for many tasks of interest in the legal domain. Despite the first Transformer model being proposed about six years ago, there has been a rapid progress of this technology at an unprecedented rate, whereby (...) BERT and related models represent a major reference, also in the legal domain. This article provides the first systematic overview of TLM-based methods for AI-driven problems and tasks in the legal sphere. A major goal is to highlight research advances in this field so as to understand, on the one hand, how the Transformers have contributed to the success of AI in supporting legal processes, and on the other hand, what are the current limitations and opportunities for further research development. (shrink)

Are sociologists always critical about genetics? Are philosophers always more supportive? This is the impression of many sociologists in the United Kingdom who argue that contemporary British philosophers criticise genetic technologies and applications in ways that scientists and medical doctors can deal with. They emphasise matters like informed consent, but pay less or no attention to the wider social consequences of technologies, practices and policies. Philosophers in their turn may see sociologists as irrationally hostile to science and medical practice. Some (...) of them refuse to criticise genetics, arguing that there is nothing to criticise. Others feel that their criticisms are in fact more accurate than the concerns raised by sociologists. And yet others point out that the impression of uncritical support can only be true of a certain specific group. Philosophers have so many internal disagreements among themselves that the generalisation can hardly be justified. In this paper an attempt is made by a sociologist and a philosopher to understand how sociological and philosophical perspectives on bioethics may differ in discussions about genetics. The paper, which proceeds in dialogue form, is based on our email correspondence on the advantages and disadvantages of genetic technologies and their applications, and on the idea of social consequences as understood by scholars from two different disciplines. (shrink)

In _Law’s Rule_, Gerald Postema provides a robust theoretical framework of the rule of law that technology scholars can use to analyze power in the digital world. He articulates how the rule of law can be concerned with private power, and not just public power. His emphasis on the ethos of fidelity allows us to see how the rule of law of law may be degraded in the digital era through the erosion of the informal institutions and practices needed (...) to sustain the rule of law. In addition to outlining these contributions, this paper argues that Postema’s account of digital power needs to focus more on digital power structures rather than digital power wielding, that digital power structures erode many informal constraints on power, and that addressing sociotechnical systems might require rethinking law’s distinctive instrumentalities in order to embrace the use of digital technologies to increase transparency and compliance. (shrink)

Cottingham : Western philosophy : an anthology (second edition) -- Cahoone : from modernism to postmodernism : an anthology (expanded -- Second edition) -- Lafollette : ethics in practice : an anthology (third edition) -- Goodin and Pettit: contemporary political philosophy: an anthology (second -- Edition) -- Eze: african philosophy : an anthology -- McNeill and Feldman : continental philosophy : an anthology -- Kim and Sosa : metaphysics : an anthology -- Lycan and Prinz : mind and cognition : (...) an anthology (third edition) -- Kuhse and Singer : bioethics : an anthology (second edition) -- Cummins and Cummins : minds, brains, and computers : the foundations of -- Cognitive science : an anthology -- Sosa, Kim, Fantl, and McGrath epistemology : an anthology (second edition) -- Kearney and Rasmussen : continental aesthetics, romanticism to -- Postmodernism : an anthology -- Martinich and Sosa : analytic philosophy : an anthology -- Jacquette : philosophy of logic : an anthology -- Jacquette : philosophy of mathematics : an anthology -- Harris, Pratt, and Waters : American philosophies : an anthology -- Emmanuel and Goold: modern philosophy from Descartes to Nietzsche : an anthology -- Scharff and Dusek : philosophy of technology ; the technological condition : an anthology -- Light and Rolston : environmental ethics : an anthology -- Taliaferro and Griffiths : philosophy of religion : an anthology -- Lamarque and Olsen : aesthetics and the philosophy of art; the analytic -- Tradition : an anthology -- John and Lopes : philosophy of literature ; contemporary and classic -- Readings : an anthology -- Cudd and Andreasen : feminist theory : a philosophical anthology -- Carroll and Choi : philosophy of film and motion pictures : an anthology -- Lange : philosophy of science : an anthology -- Shafer-Landau and Cuneo : foundations of ethics : an anthology -- Curren : philosophy of education : an anthology -- Shafer-Landau : ethical theory : an anthology -- Cahn and Meskin : aesthetics : a comprehensive anthology -- McGrew, Alspector-Kelly and Allhoff : the philosophy of science : an historical -- Anthology -- May and Brown : the philosophy of law : classic and contemporary readings -- Forthcoming -- Rosenberg and ARP : philosophy of biology : an anthology. (shrink)

BACKGROUND: DEPARTMENTS, SPECIALIZATION, AND PROFESSIONALIZATION IN AMERICAN HIGHER EDUCATION For over half of its history, U.S. higher education turned out mostly cler gymen and lawyers. Looking back on that period, we might be tempted to think that this meant specialized training for the ministry or the practice of law. That, however, was not the case. What a college education in the U.S. prepared young men (almost exclusively) for, from the founding of Harvard College in 1636 through the founding of hundreds (...) of denominational colleges in the first two-thirds of the nineteenth century, was leadership in the community. Professionalization and specialization only began to take root, and then became the dominant mode in U.S. higher education, in the period roughly from 1860--1920. In subsequent decades, that seemed to many critics to signal the end of what might be called "education in wisdom," the preparation of leaders for a broad range of responsibilities. Professionalization, specialization, and departmentalization of higher education in the U.S. began in the last quarter of the nineteenth century. (shrink)

Within science technology and society studies the focus has long been on descriptive microanalyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is needed that (...) does not depend on the intention of whoever designed either a law or a technology. Furthermore this contribution develops the idea that modern law, which has been mediated by the technologies of the script and the printing press, may need to rearticulate its basic tenets into emerging technologies in order to sustain what has been called the paradox of the 'Rechtsstaat'. (shrink)

Review of Brian Ellis's Scientific Essentialism. Cambridge: Cambridge University Press, 2001.

Synthetic biology is an emerging technology that aims to design and engineer DNA and molecular structures of single cell organisms. Existing organisms can be altered, novel organisms can be created. In doing so, synthetic biology makes use of specific technoscientific understandings of living beings. This volume sets out to explore and assess synthetic biology and its notions of life from philosophical, ethical, social, and legal perspectives. Contents Concepts, Metaphors, Worldviews.- Public Good and Private Ownership.Social and Legal Ramifications.- Opportunities, Risks, (...) Governance. Target Groups Scholars of sociology, philosophy, theory of science, history of science, biology, engineering Politicians and policymakers The Editor Dr. Joachim Boldt is Deputy Director at the Institut für Ethik und Geschichte der Medizin in Freiburg, Germany. (shrink)

The use of facial recognition systems in concerts provides a perfect pretext to semiotically discuss the role of the face in contemporary culture, identifying different strategies and axiologies (systems of values). In his visionary essay Bruits (“noises”) from 1977, the French thinker Jacques Attali establishes a close connection between music and power and locates it in the site of the collective unfolding of music: the concert hall. Following this hint, the article reconstructs the current debate on facial recognition systems in (...) the music business, with a particular focus on concerts and festivals. The different positions (of musicians, authorities, and professionals) are outlined (some are openly in favor, others openly against), key moments are identified (Beyoncé’s concert in Cardiff, 2017; Jacky Cheung’s in Nanchang, 2018; Taylor Swift’s at the Rose Bowl in Pasadena, 2018; the “banfacialrecognition.com” campaign launched in 2019; the case of Barbara Hart at Brandi Carlile’s show at the Madison Square Garden, 2022) and, finally, the issue is framed within the broader debate about the face as an indexical marker of presence, identity, and humanity (the contrast between Italian philosopher Giorgio Agamben and American sociologist and design theorist Benjamin Bratton is addressed). (shrink)

Bringing together contributors from the disciplines of law, politics, philosophy, and communication studies, this volume develops an interdisciplinary vocabulary for thinking about the questions and antinomies of human-technology interaction while also resisting any deceptively straightforward synthesis. The topics discussed include the competition over and regulation of technology, the harm induced by autonomous technologies, and the place and role of humans in a world that is undergoing rapid and radical change.

The paper identifies some of the problems with legal systems and outlines the potential of AI technology for overcoming them. For expository purposes, this outline is based on a simplified epistemology of the primary functions of law. Social and philosophical impediments from the side of the legal community to taking advantage of the potential of this technology are discussed and strategic recommendations are given.

As we become more and more enhanced with cyborg technology, significant issues of law and policy are raised. For example, as cyborg devices implanted within the body create a class of people with enhanced motor and computational abilities, how should the law and policy respond when the abilities of such people surpass those of the general population? And what basic human and legal rights should be afforded to people equipped with cyborg technology as they become more machine and (...) less biology? As other issues of importance, if a neuroprosthetic device is accessed by a third party and done to edit one’s memory or to plant a new memory in one’s mind, or even to place an ad for a commercial product in one’s consciousness, should there be a law of cognitive liberty or of “neuro-advertising” that applies? This paper discusses laws and statutes enacted across several jurisdictions which apply to cyborg technologies with a particular emphasis on legal doctrine which relates to neuroprosthetic devices. (shrink)

This is the story of a seductive idea and its sobering consequences. The twentieth century brought a new cultural confidence in the social powers of invention – but also saw the advance of consumerism, world wars, globalisation and human-generated climate change. Techno-Fixers traces how passive optimism and active manipulations were linked to our growing trust in technological innovation. It pursues the evolving idea through engineering hubris, radical utopian movements, science fiction fanzines, policy-maker soundbites, corporate marketing, and consumer culture. It explores (...) how evangelists of technological fixes have proselytised their faith, and critically examines the examples and products of their followers. The new technological confidence mixed together beliefs that were simultaneously compelling and unsettling. As motor vehicles, electricity supplies and radio became part of modern life in the early decades of the century, it was hard to argue against the transformative effects and inevitability of such transitions. Like it or not, social consequences seemed to come inexorably with the Machine Age, the Space Age and the Information Age. This deterministic vision implied an ever more technological future with unavoidable social consequences. For many, innovative technologies promised appealing new lifestyles and powers. But for a narrower band of proponents – the first generation of technological fixers – wise engineering invention was touted as a guaranteed route to positive human benefits and societal progress. Socially-engaged engineers and designers argued that such improvements could be directed, hastened and amplified. These engineering adventurers argued that modern societies could be guided only by rational designers. They contended that adroit technological solutions could solve contemporary problems better than any traditional method, including economic initiatives, citizen education, political ideology, lifestyle changes, legal frameworks and moral guidance. Their seductive claims were tamed by more mainstream American enthusiasts, and eventually boiled down to the concept of the technological fix. Their shared confidence infused policy-makers, broadcasters and science popularisers. Trust in technological fixes shaped a new generation of managers and law-makers, engineers and educators, futurists and citizens – and continues to drive a new generation of techno-fixers today. This cultural wave, its promoters and detractors, have championed the promise and voiced concerns that we have inherited, still unresolved. This book tracks the hubristic influencers and weighs up the confidences and concerns associated with them: the dramatic potential for novel technologies to work alongside longer human traditions to meet our enduring ambitions – or to reshape society for the worse. (shrink)

AI has numerous applications and in various fields, including the military domain. The increase in the degree of autonomy in some decision-making systems leads to discussions on the possible future use of lethal autonomous weapons systems (LAWS). A central issue in these discussions is the assignment of moral responsibility for some AI-based outcomes. Several authors claim that the high autonomous capability of such systems leads to a so-called “responsibility gap.” In recent years, there has been a surge in philosophical literature (...) around the concept of responsibility gaps and different solutions have been devised to close or bridge these gaps. In order to move forward in the research around LAWS and the problem of responsibility, it is important to increase our understanding of the different perspectives and discussions in this debate. This paper attempts to do so by disentangling the various arguments and providing a critical overview. After giving a brief outline of the state of the technology of LAWS, I will review the debates over responsibility gaps using three differentiators: those who believe in the existence of responsibility gaps versus those who do not, those who hold that responsibility gaps constitute a new moral problem versus those who argue they do not, and those who claim that solutions can be successful as opposed to those who believe that it is an unsolvable problem. (shrink)

Liberal democracy is today under unprecedented attack from both the left and the right. Offering a fresh and penetrating examination of how Leo Strauss understood the emergence of liberal democracy and what is necessary to sustain and elevate it, Leo Strauss on Modern Democracy, Technology, and Liberal Education explores Strauss' view of the intimate (and troubling) relation between the philosophic promotion of liberal democracy and the turn to the modern scientific-technological project of the 'conquest of nature'. Timothy W. Burns (...) explicates the political reasoning behind Strauss' recommendation of reminders of genuine political greatness within democracy over and against the failure of nihilistic youth to recognize it. Elucidating what Strauss envisaged by a liberally-educated sub-political or cultural-level aristocracy--one that could elevate and sustain liberal democracy--and the roles that both philosophy and divine-law traditions should have in that education, Burns also lays out Strauss' frequent (though often tacit) engagement with the thought of Heidegger on these issues." -- Page 4 of cover. (shrink)

A physician and spokesman for the French Ideologues, Pierre-JeanGeorges Cabanis (1757-1808) stands at the crossroads of several influential developments in modern culture--Enlightenment optimism about human perfectibility, the clinical method in medicine, and the formation and adaptation of liberal social ideals in the French Revolution. This first major study of Cabanis in English traces the influences of these developments on his thought and career. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available (...) previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. Consideration is also given to more recent technological breakthroughs that are now used to assist, and - at times - substitute for, human work, such as automation, robots, sensors, (...) and algorithms. The chapters presented in this edition address these issues from the perspective of different legal backgrounds. The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security. Notably, some of the complexities and salient points with regard to the new European General Data Protection Regulation (EU GDPR) and the new amendments to the Japan's Personal Information Protection Act (PIPA) have been scrutinized. The second part looks at the vital role of Internet intermediaries (or brokers) for the proper functioning of the globalized electronic market and innovation technologies in general. The third part examines an electronic approach to evidence with an evaluation of how these technologies affect civil and criminal investigations. The authors also explore issues that have emerged in e-commerce, such as Bitcoin and its blockchain network effects. The book aims to explain, systemize and solve some of the lingering legal questions created by the disruptive technological change that characterizes the early twenty-first century. (shrink)

Relational approaches are gaining more and more importance in philosophy of tech-nology. This brings up the critical question of how they can be implemented in applied ethics, law, and practice. In “Extremely Relational Robots: Implications for Law and Ethics”, Nancy S. Jecker (2024) comments on my article “Not Relational Enough? Towards an Eco-Relational Approach in Robot Ethics” (Puzio, 2024), in which I present a deep relational, “eco-relational approach”. In this reply, I address two of Jecker’s criticisms: in section. 3, I (...) deal with the connection of personhood and human identity with relationality, and in section. 4, I discuss the consequences of relational approaches for practical ethics and law. Unlike Jecker, I am strongly convinced that relational approaches can and should be implemented in applied ethics and law. (shrink)

In this paper it is highlighted and argued that Boscovich’s natural sciences theory is so deeply rooted in metaphysics and pervaded by it, we can maintain that it is a distinctive example of sharp-­witted, clever and far­-reaching metaphysical natural philosophy. Critically engaging with the unsubstantiated denial of metaphysics and several centuries long attempts to overcome it, I demonstrate that by metaphysical thinking Boscovich arrived at his unique notion of attractive­repulsive force and gained insight into the structure of things, by which (...) he anticipated, among other things, the theory of relativity and quantum physics. Although Boscovich greatly and successfully used quantitative methods while solving problems from geodesy, astronomy, optics, civil engineering statistics, hydraulic engineering and other fields – the most important parts of his natural sciences legacy, which made him transpose several centuries, are supported by geometric intuition and carried out mainly by qualitative methods, that is, metaphysical speculation. Also, I explain how for the creation and development of electromagnetism it was crucial to describe electromagnetic phenomena using Boscovich’s unique law of force and his theory of the structure of matter, what was explicitly stated by the ‘father of electromagnetism’ James Clerk Maxwell. Boscovich would have never reached these ideas by the exact scientific method, only by metaphysically founded and guided ‘proper thinking’. (shrink)