The application of semiotics in trade mark law is an interdisciplinary endeavour in its infancy. The author traces its genesis in recent years and situates it within the context of general theoretical approaches, in particular of an interdisciplinary kind, appearing in the trade mark law literature in the past. The purposes for which such theories are applied, and questions of methodology arising from this, are examined. In particular, it is observed that semiotic theory has, by and large, been used for (...) the purpose of debating legal policy in trade mark law (especially in the United States), and that this has given rise to argument about the extent to which semiotic theory can exert any normative force of its own upon the law. This article offers a different perspective. It is sought to demonstrate the usefulness of theoretical semiotics in solving trade mark law questions in practice. The author emphasises that this involves no threat to orthodox legal problem-solving methodology (whatever one may think of the orthodoxy), and in particular does not require the normative use of semiotic theory. Taking as a starting point the concept of ‹trade mark use’, and having regard to trade mark law and literature in Europe, the United States and Australia, the author proceeds to demonstrate the proposed approach by reference to some current problems in trade mark infringement. (shrink)

The ArgumentAmerican eugenics developed out of a cultural tradition independent of medicine. However, the eugenicist Harry Hamilton Laughlin and some legal experts involved in eugenic practice in the United States used medical language in discussing and evaluating enforced eugenic sterilizations. They built on medicine as a model for healing, while at the same time playing down medicine's concern with its traditional client: the individual patient. Laughlin's attitude toward medicine was ambivalent because he wanted expert eugenicists, rather than medical experts, to (...) control eugenic practice. In contrast, legal experts saw eugenics as an integral part of medicine, though one expert challenged basing the judicial system on eugenically minded medicine. All in all, the medicalization of American eugenics involved expanding the scope of medicine to include the mutilation of individuals for the benefit of society. The judicial system was medicalized in that an expanded medicine became the basis of legislation in the thirty states that permitted eugenic sterilizations. (shrink)

Rapid advancements in artificial intelligence and machine learning (AI/ML) in healthcare raise pressing questions about how much users should trust AI/ML systems, particularly for high stakes clinical decision-making. Ensuring that user trust is properly calibrated to a tool’s computational capacities and limitations has both practical and ethical implications, given that overtrust or undertrust can influence over-reliance or under-reliance on algorithmic tools, with significant implications for patient safety and health outcomes. It is, thus, important to better understand how variability in trust (...) criteria across stakeholders, settings, tools and use cases may influence approaches to using AI/ML tools in real settings. As part of a 5-year, multi-institutional Agency for Health Care Research and Quality-funded study, we identify trust criteria for a survival prediction algorithm intended to support clinical decision-making for left ventricular assist device therapy, using semistructured interviews (n=40) with patients and physicians, analysed via thematic analysis. Findings suggest that physicians and patients share similar empirical considerations for trust, which were primarilyepistemicin nature, focused on accuracy and validity of AI/ML estimates. Trust evaluations considered the nature, integrity and relevance of training data rather than the computational nature of algorithms themselves, suggesting a need to distinguish ‘source’ from ‘functional’ explainability. To a lesser extent, trust criteria were also relational (endorsement from others) and sometimes based on personal beliefs and experience. We discuss implications for promoting appropriate and responsible trust calibration for clinical decision-making use AI/ML. (shrink)

Republican liberty, as recently defended by Philip Pettit and Quentin Skinner, characterises liberty in terms of the absence of domination, instead of, or in addition to, the absence of interference, as favoured by Berlin-style negative liberty. This article considers several claims made on behalf of republican liberty, particularly in Pettit's and Skinner's recent writings, and finds them wanting. No relevant moral or political concern expressed by republicans, it will be contended here, fails to be accommodated by negative liberty.

Historically, the hypothesis driving emotion research has been that emotion’s data-base—in language, physiology, and behavior— is organized around specific mental states, as reflected in evaluative language. It is suggested that this approach has not greatly advanced a natural science of emotion and that the developing motivational model of emotion defines a better path: emotion is an evolved trait founded on motivational neural circuitry shared by mammalian species, primitively prompting heightened perceptual processing and reflex mobilization for action to appetitive or threatening (...) survival cues. As the field moves forward with increasingly sophisticated measurement technology and assessing more complex affective functioning, scientific understanding of human emotion will proceed best within the framework of this mammalian brain model. (shrink)

In recent years, interest in pre-reflective self-consciousness has increased significantly. One of the central points of inquiry is whether pre-reflective self-consciousness ubiquitously accompanies phenomenal consciousness. This paper explores a phenomenological justification for the thesis that pre-reflective self-consciousness ubiquitously accompanies phenomenal consciousness. Allegedly, the ubiquity of pre-reflective self-consciousness can be proved on the basis of phenomenological description. The aim of this paper is to develop a new objection against this justification of the ubiquity thesis.

John Taurek famously argued that, in ‘conflict cases’, where we are confronted with a smaller and a larger group of individuals, and can choose which group to save from harm, we should toss a coin, rather than saving the larger group. This is primarily because coin-tossing is fairer: it ensures that each individual, regardless of the group to which he or she belongs, has an equal chance of being saved. This article provides a new response to Taurek’s argument. It proposes (...) that there are two possible types of unfairness that have to be avoided in conflict cases, as far as possible: ‘selection unfairness’, which is the unfairness of not giving individuals an equal chance of being saved; and ‘outcome unfairness’, which is the unfairness of not actually saving them, when others are saved. Since saving the greater number generates less outcome unfa-irness than coin-tossing, it is argued that, in many conflict cases, fairness demands that we save the greater number. (shrink)

We model the forgetting of propositional variables in a modal logical context where agents become ignorant and are aware of each others’ or their own resulting ignorance. The resulting logic is sound and complete. It can be compared to variable-forgetting as abstraction from information, wherein agents become unaware of certain variables: by employing elementary results for bisimulation, it follows that beliefs not involving the forgotten atom(s) remain true.

Uwe Steinhoff’s The Ethics of War and the Force of Law contains an extended critique of ‘moral fundamentalism’, or the project of uncovering an individualist ‘deep morality’ of war governed by the same moral principles and rules that govern ordinary moral life, as well as a more positive account of war that depicts it as a social practice. Much of Steinhoff’s account is indebted to a series of claims involving the standing to blame, reciprocity, and the necessity and proportionality conditions (...) on self-defence. On all these claims, Steinhoff is open to challenge. First, he is arguably over-dependent on ‘standing to blame’ considerations. Second, his commitment to reciprocity is under-explained. Third, the necessity condition does not clearly explain how conventional elements explain the formation of defensive standards. Fourth, there are problems in explaining how the distinct defensive conventions adopted by distinct communities can actually be made to get on to the same page when these communities go to war with each other. (shrink)

In the process of challenging epistemological assumptions that preclude relationships between knowers and the objects of knowing, feminist epistemologists Lorraine Code and Donna Haraway also can be interpreted as troubling forms of argumentation predicated on positivist-derived logic. Against the latter, Christopher Tindale promotes a rhetorical model of argument that appears able to better engage epistemologies of situated knowledges. I detail key features of the latter from Code, especially, and compare and contrast them with relevant parts of Tindale’s discussion of context (...) on the rhetorical model, and I suggest ways that his work could be expanded to accommodate rhetorical implications of situated knowledges. (shrink)

The authors put forward an interesting response to detractors of black box algorithms. According to the authors, what is of ethical relevance for medical artificial intelligence is not so much their transparency, but rather their reliability as a process capable of producing accurate and trustworthy results. The implications of this view are twofold. First, it is permissible to implement a black box algorithm in clinical settings, provided the algorithm’s epistemic authority is tempered by physician expertise and consideration of patient autonomy. (...) Second, physicians are not expected to possess exhaustive knowledge or understanding of the algorithmic computation by which they verify or augment their medical opinions. The potential of these algorithms to improve diagnostic and procedural accuracy alongside the quality of patient decision-making is undoubtedly a boon to modern medicine, but blind deference to them is neither feasible nor responsible, as several logistical and ethical quagmires noted by the authors still remain inherent in algorithmic software. I concur …. (shrink)

In their article, ‘Responsibility, Second Opinions, and Peer-Disagreement—Ethical and Epistemological Challenges of Using AI in Clinical Diagnostic Contexts,’ Kempt and Nagel argue for a ‘rule of disagreement’ for the integration of diagnostic AI in healthcare contexts. The type of AI in question is a ‘decision support system’, the purpose of which is to augment human judgement and decision-making in the clinical context by automating or supplementing parts of the cognitive labor. Under the authors’ proposal, artificial decision support systems which produce (...) automated diagnoses should serve chiefly as confirmatory tools; so long as the physician and AI agree, the matter is settled, and the physician’s initial judgement is considered epistemically justified. If, however, the AI-DSS and physician disagree, then a second physician’s opinion is called on to resolve the dispute. While the cognitive labour of the decision is shared between the physicians and AI, the final decision remains at the discretion of the first physician, and with it the moral and legal culpability. The putative benefits of this approach are twofold: healthcare administration can improve diagnostic performance by introducing AI-DSS without the unintended byproduct of a responsibility gap, and assuming the physician and AI disagree less than the general rate of requested second opinions, and the AI’s diagnostic accuracy supersedes or at least …. (shrink)

Our view is that fundamental appetitive and defensive motivation systems evolved to mediate a complex array of adaptive behaviors that support the organism’s drive to survive—defending against threat and securing resources. Activation of these motive systems engages processes that facilitate attention allocation, information intake, sympathetic arousal, and, depending on context, will prompt tactical actions that can be directed either toward or away from the strategic goal, whether defensively or appetitively determined. Research from our laboratory that measures autonomic, central, and somatic (...) reactions when processing emotional scenes is described which indicates that motivationally relevant cues, whether appetitive or defensive, capture attention preferentially, prompt enhanced perceptual processing and information gathering, and occasion metabolic arousal that mobilizes the organism for coping actions. (shrink)

The article considers patterns of reactivity in organ systems mediated by the autonomic nervous system as they relate to central neural circuits activated by affectively arousing cues. The relationship of these data to the concept of discrete emotion and their relevance for the autonomic feedback hypothesis are discussed. Research both with animal and human participants is considered and implications drawn for new directions in emotion science. It is suggested that the proposed brain-based view has a greater potential for scientific advance (...) than the traditional model that emphasizes specific states of mind as mediators or reflectors of visceral action. (shrink)

In this paper, we outline the policy implications of mobile health research conducted at the international level. We describe the manner in which such research may have an international dimension and argue that it is not likely to be excluded from conventionally applicable international regulatory tools. We suggest that closer policy attention is needed for this rapidly proliferating approach to health research.

Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis providing comparable (...) and quantifiable measurements, which is enriched by qualitative analysis that engages with the substance of the decisions and captures nuance, contextualizing the data and providing it with meaning. The book concludes with a comparative chapter that synthesizes some of the most interesting findings. Focusing on deviations of the practice of proportionality from theory, the authors conclude their argument in support of an integrated approach to the application of proportionality. (shrink)

Defence cases with an escalatory structure, in which the levels of violence between aggressor and defender start out as minor and then become major, even lethal, raise sharp problems for defence theory, and for our understanding of the conditions of defence: proportionality, necessity, and imminence. It is argued here that defenders are not morally required to withdraw from participation in these cases, and that defensive escalations do not offend against any of the conditions of defence, on an adequate understanding of (...) them. No plausible interpretation of proportionality or necessity excludes defensive permissions in escalatory cases. Moreover, the structure of escalatory defensive cases also sheds useful light on permissible responses to conditional deadly threats. This is because we can analyse conditional deadly threats as disguised cases of escalation. Because defensive resistance is permissible in escalatory cases, it is also permissible in cases involving conditional deadly threats. (shrink)

AbstractIn her article from 2019, Fleur Johns describes a change: from a style of development work marked by a propensity for ‘planning’, to one marked by a propensity for ‘prototyping’. Our project in this paper is to propose a modest shift in perspective. Where Johns traces a transition from old to new styles, we emphasise the enduring links between planning and prototyping, such that both styles are best understood through their ongoing relationships and entanglements. Returning to Pulse Lab Jakarta (PLJ), (...) the site of Johns’ initial inquiry, we offer a reinterpretation of what might be novel about PLJ for development practice. Our claim is that to understand the particular intervention that PLJ represents, and the new modes of practice it produces, it may be helpful to understand PLJ's work in the manner of a ‘modular’ attachment to existing development apparatuses, that combines big data analytics with design thinking. We then develop some reflections and speculations on the forms and novelty of PLJ in light of our redescription of its work in the language of modularity. (shrink)

Hannah Arendt's approach to politics focuses on action and conduct, rather than institutions, constitutions, and states. In light of Arendtian conceptions of politics, essays in this book challenge conventional IR theories. The contributions on agency explore concepts and categories of political action that enable individuals to act politically and to re-make the world in new, unpredictable ways. The contributions on structure explore how Arendt provides new critical purchase upon often reified structures and categories.

Unified explanations seek to situate the traits of human beings in a causal framework that also explains the trait values found in nonhuman species. Disunified explanations claim that the traits of human beings are due to causal processes not at work in the rest of nature. This paper outlines a methodology for testing hypotheses of these two types. Implications are drawn concerning evolutionary psychology, adaptationism, and anti-adaptationism.

Act-utilitarianism comes in two standard varieties: ‘subjective’ act-utilitarianism, which tells agents to attempt to maximize utility directly, and ‘objective’ act-utilitarianism, which permits agents to use non-utilitarian decision-making procedures. This article argues that objective actutilitarianism is exposed to a dilemma. On one horn of it is the contention that objective act-utilitarianism makes inconsistent claims about the rightness of acts. On the other horn of it is the contention that objective act-utilitarianism collapses back into what is, essentially, subjective act-utilitarianism. Three objective act-utilitarian (...) responses to this dilemma are explored and rejected. The recommended conclusion is that a consistent utilitarian must either embrace subjective act-utilitarianism, or abandon act-utilitarianism altogether. Key Words: act-utilitarianism • subjective • objective • decision-making procedure • criterion of rightness • dilemma. (shrink)

Imagine a two-person distributive case in which Ernest's choices yield X and Bertie's choices yield X + Y, producing an income gap between them of Y. Neither Ernest nor Bertie is responsible for this gap of Y, since neither of them has any control over what the other agent chooses. This is what Susan Hurley calls the “Boring Problem” for luck egalitarianism. Contrary to Hurley's relatively dismissive treatment of it, it is contended that the Boring Problem poses a deep problem (...) for standard luck egalitarianism. To counter it, luck egalitarianism needs to be recast as a baseline-relative theory. This new version of luck egalitarianism is then put to work against some significant problems that have been encountered by luck egalitarianism: Saul Smilansky's “Paradox of the Baseline,” the “Partiality Worry,” and the “Pluralism Worry.” But baseline-relative luck egalitarianism is not without problems of its own. (shrink)

Emerging forms of empowered participatory governance have generated considerable scholarly excitement, but critics continue to ask if such initiatives are “for real”: Are participatory governance processes sufficiently independent? Do citizen participants make good policy choices? An in-depth look at the case of the British Columbia Citizens’ Assembly on Electoral Reform suggests that real citizen empowerment depends on both the institutional constraints of the participa-tory setting and how citizen interests and arguments for policy outcomes crystallize over the course of a participatory (...) process. (shrink)

This chapter focuses on a particular strand of thought in classical Chinese political theory that has often come under the umbrella of the term “Legalism,” a translation of the Chinese term fajia法家. While its exact boundaries vary, depending on who is using the term the Han Shu, lists the works of Shen Buhai 申不害, Shang Yang 商鞅, Shen Dao 慎到, and Han Fei 韓非 under the fajia label, though it was compiled several hundred years after their deaths. My primary goal (...) here is to examine strands of what we might think of as political realism in the early Chinese traditions. While they certainly do not speak with one voice, the texts and fragments that purport to record the ideas of Shen Buhai, Shen Dao, Shang Yang, and Han Fei do share an approach to political theorizing. They all seem to take the strength and security of the state as foundational and all else to be instrumentally valuable insofar as it benefits this goal. Furthermore, they share similar, though not identical, conceptions both of the content of human dispositions and the plausibility of altering these dispositions. They also all see their task as in part to develop a set of tools that will allow them to create a system that can reliably ensure the safety, stability, and strength of the state without having to depend on the ruler possessing particular traits or characteristics. in doing so, these thinkers diverge a range of morally infused trends in early Chinese political theory to develop what they all argue is a more achievable political methodology rooted in the realities of the limitations placed upon us by the world around us and our own dispositions. (shrink)

Volume 19, Issue 10, October 2019, Page 93-94.

Food security policy, programs, and infrastructure have been incorporated into Public Health and other areas of the Provincial Government in British Columbia, including the adoption of food security as a Public Health Core Program. A policy analysis of the integration into Public Health is completed by merging findings from 48 key informant interviews conducted with government, civil society, and food supply chain representatives involved in the initiatives along with relevant documents and participant/direct observations. The paper then examines the results within (...) the context of historic and international trends and theoretical models of food policy, community food security, and applied policy research. Public Health re-emerged as a driver of food security in BC—both as a key player and in positing the public’s health as a driver in food security and food systems. While Public Health’s lead role supported an increase in legitimacy for food security in BC, interviewees described a clash of cultures between Public Health and civil society. The clash of cultures occurred partly as a result of Public Health’s limited food security mandate and top down approach. Consequently civil society voice at the provincial level was marginalized. A social policy movement toward a new political paradigm—regulatory pluralism—calls for greater engagement of civil society, and for all sectors to work together toward common goals. A new, emerging policy map is proposed for analyzing the dynamics of food security and health promotion initiatives in BC. (shrink)

According to Saul Smilansky's ‘Paradox of Beneficial Retirement’, many serving members of professions may have decisive integrity-based reasons for retiring immediately. The Paradox of Beneficial Retirement holds that a below-par performance in one's job does not require any outright incompetence, but may take a purely relational form, in which a good performance is not good enough if it would be improved upon by someone else who would be appointed instead. It is argued, in response, that jobs in the sectors Smilansky (...) mentions are not merely positions to optimize the goals of the profession, but are professional careers in which there is the possibility of security and personal fulfilment. The article also explores connections between Smilansky's argument and G. A. Cohen's anti-incentives argument against Rawls. It is suggested that both thinkers underappreciate the relationship between personal reasons and institutional reasons. (shrink)

In his contribution to the Journal of Medical Ethics, Joseph Mazor1 makes a logical case, based on the premises underlying his reasoning, for his article's primary thesis: he concludes that parents have the prerogative to determine the ‘best interests’ of their infant son in a circumcision decision. If the facts of the matter were ultimately no different from what he adduces, one could admit the soundness of his argument. But the paper is flawed by some questionable assumptions and grievous incompleteness.First, (...) the author insufficiently explores the profound implications of a serious equivocation in the term ‘circumcision’ that is common throughout the literature. He does superficially reference the article on ‘Circumcision’ in The Jewish Encyclopedia, which describes in detail the actual steps involved in brit milah versus brit periah.2 Despite this general allusion, though, he hardly discusses the matter further, as though the distinction were practically irrelevant. It does have fundamental import, however. Milah is merely a token clip of the very tip of the prepuce, which leaves most of the organ system intact. This was evidently the version practiced in biblical times under the old Abrahamic–Mosaic covenant, before the Talmudic guardians of Judaic ethnic and religious identity proposed a means to prevent Hellinising Jewish men from attempting foreskin restoration by stretching their remaining preputial tissue forward. The rabbis mandated the replacement of milah with the more drastic procedure of periah, a radical surgery that cuts and tears from the penis its entire covering, leaving the glans irreversibly denuded. Unlike traditional milah, the innovation of periah necessarily has significant adverse consequences .Second, Mazor concedes that circumcision might cause a ‘moderate’ reduction of sexual pleasure in the lad's …. (shrink)

The development of the notion of continuous physical quantity is traced from Aristotle to Aquinas to Suarez. It is concluded that Aristotle’s divisibility definition fails to excavate the ontological core of material quantification. Although the basic germ of the solution to the problem is discovered in Aquinas, it is Suarez who fully articulates the essence of continuous physical quantity with his explicit concept of aptitudinal extension — which has crucial theological implications. Résumé Nous considérons ici le développement de la notion (...) de quantité physique continue, d’Aristote à Thomas d’Aquin à Suarez. Nous concluons que la définition d’Aristote en termes de divisibilité ne parvient pas à dégager le noyau ontologique de la quantification matérielle. Encore que le germe fondamental de la solution au problème soit découvert par Thomas d’Aquin, c’est Suarez qui articule pleinement l’essence de la quantité physique continue, grâce à son concept explicite d’extension « aptitudinale » — dont les implications théologiques sont cruciales. (shrink)

IN Physics VIII, 10, Aristotle seems to commit a serious mistake: just before concluding that the first mover required by all motion everywhere remains invariable and without parts or magnitude, Aristotle apparently locates this mover on the circumference of the cosmos.

ARISTOTLE IS UNIVERSALLY credited with inventing the concept of teleology: "nature is among the causes which act for the sake of something." "That for the sake of which" is a thing's purpose, its end, the goal at which it aims. Taking Aristotle's physics as a focal point for his philosophy of nature, I shall argue that teleology functions within his theory of nature not only substantively, but also procedurally. First, then, I shall explain what I mean by teleology as procedure (...) and then show how this procedure relates both to problems within physics and to Aristotle's conception of physics as a science. (shrink)

Williams’s attack on the ‘morality system’ in Ethics and the Limits of Philosophy was preceded by his famous but misunderstood essay ‘Moral Luck’. This essay pursues two principal aims. First and foremost, I take a fresh look at Williams’s argument in ‘Moral Luck’, to assess its defensibility. Second, I investigate how Williams’s treatment of moral luck shapes and informs the wider assault on the ‘morality system’ which reached its fullest expression in the later work. We can learn something about both (...) of Williams’s projects—his defence of moral luck, and his attack on the morality system—by seeing how each of these projects contributes to the other. Drawing on Williams’s discussion of Gauguin’s desertion of his family for a life of artistic endeavour in Tahiti, six interpretations of Williams’s argument are suggested. While some of these are better than others, none is completely satisfying or convincing. It is suggested, in conclusion, that the attack on anti-luckism does not make an indispensable contribution to Williams’s attack on the morality system. (shrink)