How do legal texts determine legal content? A standard answer to this question—sometimes called “the standard picture”—is that legal texts communicate something and what they communicate is identical to legal content. Mark Greenberg criticizes the standard picture and offers in its place his own “moral impact theory.” My goal here is to respond to Greenberg by showing how the standard picture better explains legal practice than the moral impact theory does. To that end, I first clarify certain aspects of the (...) moral impact theory. I then critique the theory, focusing on its inability to explain (i) why practitioners reason about legal content as they do and (ii) why they agree on legal content as often as they do. Finally, I refine the standard picture and demonstrate how it explains what the moral impact theory cannot. (shrink)

We cannot apply the principles of morla law and obligation without intimate knowledge of the subject - the human being, who has to act morally. This text argues that an anthropology is required to provide accurate information of human nature in its relationship to moral science if the universal principals are to be located in their total human context.

Faces carry key personal information about individuals, including cues to their identity, social traits, and emotional state. Much research to date has employed static images of faces taken under tightly controlled conditions yet faces in the real world are dynamic and experienced under ambient conditions. A common approach to studying key dimensions of facial variation is the use of facial caricatures. However, such techniques have again typically relied on static images, and the few examples of dynamic caricatures have relied on (...) animating graphical head models. Here, we present a principal component analysis -based active appearance model for capturing patterns of spatiotemporal variation in videos of natural dynamic facial behaviours. We demonstrate how this technique can be applied to generate dynamic anti-caricatures of biological motion patterns in facial behaviours. This technique could be extended to caricaturing other facial dimensions, or to more general analyses of spatiotemporal variations in dynamic faces. (shrink)

The thoughts and writings of this important fifth century B.C. political and social thinker -- and formidable rival of the Confucianists -- are presented here in English translation.

Organisations that design and deploy artificial intelligence (AI) systems increasingly commit themselves to high-level, ethical principles. However, there still exists a gap between principles and practices in AI ethics. One major obstacle organisations face when attempting to operationalise AI Ethics is the lack of a well-defined material scope. Put differently, the question to which systems and processes AI ethics principles ought to apply remains unanswered. Of course, there exists no universally accepted definition of AI, and different systems pose different ethical (...) challenges. Nevertheless, pragmatic problem-solving demands that things should be sorted so that their grouping will promote successful actions for some specific end. In this article, we review and compare previous attempts to classify AI systems for the purpose of implementing AI governance in practice. We find that attempts to classify AI systems proposed in previous literature use one of three mental models: _the Switch_, i.e., a binary approach according to which systems either are or are not considered AI systems depending on their characteristics; _the Ladder_, i.e., a risk-based approach that classifies systems according to the ethical risks they pose; and _the Matrix_, i.e., a multi-dimensional classification of systems that take various aspects into account, such as context, input data, and decision-model. Each of these models for classifying AI systems comes with its own set of strengths and weaknesses. By conceptualising different ways of classifying AI systems into simple mental models, we hope to provide organisations that design, deploy, or regulate AI systems with the vocabulary needed to demarcate the material scope of their AI governance frameworks. (shrink)

The Fairness, Accountability, and Transparency (FAccT) literature tends to focus on bias as a problem that requires ex post solutions (e.g. fairness metrics), rather than addressing the underlying social and technical conditions that (re)produce it. In this article, we propose a complementary strategy that uses genealogy as a constructive, epistemic critique to explain algorithmic bias in terms of the conditions that enable it. We focus on XAI feature attributions (Shapley values) and counterfactual approaches as potential tools to gauge these conditions (...) and offer two main contributions. One is constructive: we develop a theoretical framework to classify these approaches according to their relevance for bias as evidence of social disparities. We draw on Pearl’s ladder of causation (Causality: models, reasoning, and inference. Cambridge University Press, Cambridge, 2000, Causality, 2nd edn. Cambridge University Press, Cambridge, 2009. doi:10.1017/CBO9780511803161) to order these XAI approaches concerning their ability to answer fairness-relevant questions and identify fairness-relevant solutions. The other contribution is critical: we evaluate these approaches in terms of their assumptions about the role of protected characteristics in discriminatory outcomes. We achieve this by building on Kohler-Hausmann’s (Northwest Univ Law Rev 113(5):1163–1227, 2019) constructivist theory of discrimination. We derive three recommendations for XAI practitioners to develop and AI policymakers to regulate tools that address algorithmic bias in its conditions and hence mitigate its future occurrence. (shrink)

One of the major challenges facing agricultural and food systems today is the loss of agrobiodiversity. Considering the current impasse of preventing the worldwide loss of crop diversity, this paper highlights the possibility for a radical reorientation of current legal seed frameworks that could provide more space for alternative seed systems to evolve which centre on norms that support on-farm agrobiodiversity. Understanding the underlying norms that shape seed commons are important, since norms both delimit and contribute to what ultimately will (...) constitute the seeds and who will ultimately have access to the seeds and thus to the extent to which agrobiodiversity is upheld and supported. This paper applies a commoning approach to explore the underpinning norms of a Swedish seed commons initiative and discusses the potential for furthering agrobiodiversity in the context of wider legal and authoritative discourses on seed enclosure. The paper shows how the seed commoning system is shaped and protected by a particular set of farming norms, which allows for sharing seeds among those who adhere to the norms but excludes those who will not. The paper further illustrates how farmers have been able to navigate fragile legal and economic pathways to collectively organize around landrace seeds, which function as an epistemic farming community, that maintain landraces from the past and shape new landraces for the present, adapted to diverse agro-ecological environments for low-input agriculture. The paper reveals how the ascribed norms to the seed commons in combination with the current seed laws set a certain limit to the extent to which agrobiodiversity is upheld and supported and discusses why prescriptions of “getting institutions right” for seed governance are difficult at best, when considering the shifting socio-nature of seeds. To further increase agrobiodiversity, the paper suggests future seed laws are redirected to the sustenance of a proliferation of protected seed commoning systems that can supply locally adapted plant material for diverse groups of farmers and farming systems. (shrink)

This paper is an investigation into the introduction of the term ‘system’ and its conceptual background in the writings of Bartholomew Keckermann. This includes a brief summary of the literature and evidence identifying Keckermann as the first to make significant usage of the term in logic, philosophy, and theology. Then, after a survey of his life, work and milieu, this paper will look closer at three of Keckermann’s own ‘systems’; Systema logicae (1600), Praecognitorum Logicorum (1606), and Systema SS. Theologiae (1602). (...) Finally, I will touch on the influence Keckermann’s innovation had on subsequent ideas of method in modern philosophy, especially how his innovative use of this term gives the logician the directing role as a technical expert in mining the truth of theology, philosophy, and other sciences. This, of course, flies in the face of the medieval view of the Church and its elders controlling that role, characterizing the discovery and refinement of knowledge as being a process of electing and using worthy passive subjects as conduits of divine knowledge. Thus Keckermann’s systems can be considered an important step away from this, towards the early modern epistemology requiring an active thinking subject, best characterized in Descartes’ Meditations. (shrink)

Martial's epigrams on the dead slave-child Erotion, especially the first and third , have generally given rise to sentimental comments about the poet's love for young children or the humane concern which he displays for his slaves. Scholars show less unanimity in their interpretation of the second piece , where the poet's laudatio of his lost puella is made the occasion of a joke against Paetus, who has managed to survive the loss of his noble and wealthy wife. The poem (...) in question runs as follows. (shrink)

Psychological factors have long been associated with the onset, maintenance and exacerbation of many cutaneous disorders (Newell, 2000, p. 8; Papadopoulos, Bor & Legg, 1999, p. 107). Chronic cutaneous disease is often visible to others so that social factors in coping and adjustment are thus highly relevant (Papadopoulos, et al., 1999, p. 107). Psychological factors tend, however, to be overlooked in the dermatological treatment domain when the skin problem is not regarded as life threatening (MacGregor, 1990 as cited in Papadopoulos, (...) et al., 1999, p. 113). In 2004, at a meeting of the Editorial Board of Dermatology Nursing, the need for studies presenting the patient’s perspective on living with a skin disease was discussed. It was thought that qualitative exploration of the patient’s experience of cutaneous disease would provide medical and mental health care professionals with valuable insights and important information to help improve dermatology patient care (Hill, 2004, p. 399). More specifically, Papadopoulos et al. (1999, p. 122) posit that qualitative exploration of dermatological patients’ lived experience might help provide insight into the efficacy of coping strategies, the need for psychological counsel, and also the need for a more holistic understanding of this patient population rather than maintaining a dichotomous focus on either the mind or the body. Research in the field is currently characterised by (a) a predominance of quantitative studies, the design of which results in inevitable loss of in-depth information regarding the experiential world of sufferers of cutaneous disease (Hill, 2004, p. 399; Papadopoulos, et al., 1999, p. 122), and (b) a dearth of studies investigating the impact of disfiguring skin conditions on the self-concept. In order to address this lack, and simultaneously to contribute towards mapping the psychodermatological terrain in need of qualitative exploration, this paper attempts to integrate the findings of relevant studies in the fields of both dermatology and psychology, with specific focus on women suffering from psoriasis, a common chronic disorder of the skin, and the impact of this on the various dimensions of self. The primary aim of this paper is, however, to prompt qualitative - and, in particular, phenomenological - research in the area of body disfigurement and selfconcept in order to elucidate the lived experiences of people afflicted with disfiguring dermatological conditions, and as such to promote necessary change in the therapeutic domain. Indo-Pacific Journal of Phenomenology , Volume 6, Edition 1 May 2006. (shrink)

Political philosopher Noelle McAfee proposes a powerful new political theory for our post-9/11 world, in which an old pathology-the repetition compulsion-has manifested itself in a seemingly endless war on terror. McAfee argues that the quintessentially human desire to participate in a world with others is the key to understanding the public sphere and to creating a more democratic society, a world that all members can have a hand in shaping. But when some are effectively denied this participation, whether through (...) trauma or terror, instead of democratic politics, there arises a political unconscious, an effect of desires unarticulated, failures to sublimate, voices kept silent, and repression reenacted. Not only is this condition undemocratic and unjust, it may lead to further trauma. Unless its troubles are worked through, a political community risks continual repetition and even self-destruction. McAfee deftly weaves together her experience as an observer of democratic life with an array of intellectual schemas, from poststructural psychoanalysis to Rawlsian and Habermasian democratic theories, as well as semiotics, civic republicanism, and American pragmatism. She begins with an analysis of the traumatic effects of silencing members of a political community. Then she explores the potential of deliberative dialogue and other "talking cures" and public testimonies, such as the South African Truth and Reconciliation Commission, to help societies work through, rather than continually act out, their conflicts. _Democracy and the Political Unconscious_ is rich in theoretical insights, but it is also grounded in the practical problems of those who are trying to process the traumas of oppression, terror, and brutality and create more decent and democratic societies. Drawing on a breathtaking range of theoretical frameworks and empirical observations, _Democracy and the Political Unconscious_ charts a course for democratic transformation in a world sorely lacking in democratic practice. (shrink)

In this paper our aim is to augment the value-congruency literature by demonstrating the dynamics of business value structures. The relationship between cognitive discomforts and value restructuring is examined by applying self-affirmation theory. Subjects (N = 115) were randomly assigned either to the treatment group (n = 69) or control group (n = 46). Those subjects in the treatment group were tasked with deciding between two different organizational re-structuring options that involved downsizing. The values of job-entitlement, and obligations to the (...) disadvantaged shifted in emphasis in a direction that legitimated and justified the lay-off decision. The value of economic nationalism remained unchanged. Implications for research and practice are discussed. (shrink)

What is behind the upsurge of virulent nationalism and intransigent politics across the globe today? In Fear of Breakdown, Noëlle McAfee contends that politics needs something that only psychoanalysis has been able to offer: an understanding of how to work through anxieties, ambiguity, fragility, and loss.