A simplified relationship between setting of a norm and an individual’s compliance can be characterized by three distinct stages: norm comprehension and processing; the deliberate compliance decision of the individual; and non-deliberate decision-making. On each stage, there is insight from social sciences, experimental psychology and behavioural law and economics making different predictions about individual compliance behaviour. We study the implications of extra-juridical insight as well as normative constitutional requirements on the optimal design of norms. We find considerable (...) variance in norm designs for improving compliance depending on the respective empirical insight. Regarding norm comprehension, there is ambiguity in the relationship between individual’s limited cognitive processing capacity and the constitutional law imperative for norm specificity. The stage of deliberate decision-making relates to the rationality model of human behaviour allowing for economic, reciprocal, communicative human dispositions, each of which requires different law designs to induce individual’s compliance. Homo oeconomicus responds to law design using costs as steering tool. Homo reciprocans can be directed through decentralized self-regulation, governance of small political units and belief management. And compliance of homo communicans can be induced when procedures are perceived as being fair and inclusive. Finally, the existence of non-deliberate decision-making may justify paternalistic legal measures. The findings may inform lawmakers in how to design and draft laws to optimize norm compliance. (shrink)

This paper investigates the relationship between economic theory and theories of justice in the design of public policy. In particular, it focuses on the role of mechanism design in policy contexts beset with issues of social, racial and distributive justice. Economists’ involvement in redesigning Boston’s algorithm for allocating K-12 students to public schools serves as an instructive case study. The paper draws on the distinction betweenideal theoryandnon-ideal theoryin political philosophy and the concept ofperformativityin economic sociology to argue that (...) mechanism design can enact elaborate ideal theories of justice. Anormative gapthus emerges between the goals of the policymakers and the objectives of economic designs. As a result, mechanism design may obstruct stakeholders’ avenues for normative criticism of public policies, and serve as a technology of depoliticization. (shrink)

Technologies are significant in research not only as instruments for gathering data and analyzing information; they also provide a valuable resource for the development of theory—in terms of what has been called the “tools to theory heuristic.” Focusing on the specific example of the fields of educational psychology and instructional technology and design, this paper begins by describing how the workings of the “tools to theory heuristic” are evident in the metaphors and descriptions of behaviorism, cognitivism, and constructivism. In (...) each of these psychological paradigms, the mind is understood in terms of a contemporaneous technological innovation: as rudimentary circuitry, as computerized data processing, and finally, in terms of information representation and visualization. The paper then argues that in applied disciplines like educational technology and human–computer interaction, technology plays two important but conflicting roles. It first operates heuristically to explain complex mental phenomena; it is then designed and developed explicitly as a tool for facilitating and developing these same complex mental processes. This paper concludes by arguing that this dual role represents an ethical dilemma—a kind of epistemological and practical “conflict of interest” in instructional technology and in related fields of systems and interface design. (shrink)

Instructional technology, and the cognitivist and systems paradigms that underpin it, grew out of the military-industrial complex during the Cold War. Much as the Pentagon and this military complex defined the architecture of the Internet, they also essentially created, ex nihilo, the fields of instructional technology and instructional design. The results of the ongoing dominance or influence of the Pentagon in these specific disciplines have been traced in research that appeared during the final phases of the Cold War. But (...) this research has not been updated to reflect circumstances now most definitive of the post–Cold War world: the rapid development of Internet infrastructures and applications, and the aggressive expansion of US military spending and activity. Tracing the imprint left by the US military on instructional technology and design, this paper considers how this influence may now extend, like the Internet itself, into schools and the university. It will conclude by stressing that the end of the Cold War, along with more recent developments concerning the US military, presents a juncture offering both opportunity and challenge to the evolving field of educational technology or “e-learning.”. (shrink)

The design and analysis of norms is a somewhat neglected topic in AI and Law, but this is not so in other areas of Computer Science. In recent years powerful techniques to model and analyse norms have been developed in the Multi-Agent Systems community, driven both by the practical need to regulate electronic institutions and open agent systems, and by a theoretical interest in mechanism design and normative systems. Agent based techniques often rely heavily on enforcing norms using (...) the software to prevent violation, but I will also discuss the use of sanctions and rewards, and the conditions under which compliance by autonomous agents (including humans) can be expected or encouraged without sanctions or rewards. In the course of the paper a suggested framework for the exploration of these issues is developed. (shrink)

A long tradition of discourse and practice claims that technology designers need to take note of the characteristics and aspirations of potential users in design. Practitioners in the field of user-centered design have developed methods to facilitate this process. These methods represent interesting vehicles for the pursuit of normative politics of technology. In this article, the authors use a case study of the introduction and use of UCD methods in Australia to explore the politics of getting the methods (...) to work in practice. Drawing on the work of Bruno Latour and Marc Berg, the authors argue that UCD methods are tools for engendering new forms of socio-technical relations. However, their normative potential does not arise out of their ability to manipulate abstract categories such as user, technology, and workplace. Instead, it arises out of the complex and unpredictable socio-technical mixes that are generated when people attempt to put them into practice. (shrink)

The capacity to designate a surrogate (CDS) is not simply another kind of medical decision-making capacity (DMC). A patient with DMC can express a preference, understand information relevant to that choice, appreciate the significance of that information for their clinical condition, and reason about their choice in light of their goals and values. In contrast, a patient can possess the CDS even if they cannot appreciate their condition or reason about the relative risks and benefits of their options. Patients who (...) lack DMC for many or most kinds of medical choices may nonetheless possess the CDS, particularly since the complex means-ends reasoning required by DMC is one of the first capacities to be lost in progressive cognitive diseases (eg, Alzheimer’s disease). That is, patients with significant cognitive decline or mental illness may still understand what a surrogate does, express a preference about a potential surrogate, and be able to provide some kind of justification for that selection. Moreover, there are many legitimate and relevant rationales for surrogate selection that are inconsistent with the reasoning criterion of DMC. Unfortunately, many patients are prevented from designating a surrogate if they are judged to lack DMC. When such patients possess the CDS, this practice is ethically wrong, legally dubious and imposes avoidable burdens on healthcare institutions. (shrink)

This commentary considers the typology and conceptual and normative heuristic framework as proposed by the authors as a valuable contribution to the new field of philosophy of biomimetics and to the growing demand for critical evaluation of technology and design (decisions) in terms of ecological sustainability. However, further steps are needed to develop a more comprehensive normative analysis and evaluation. To inspire these efforts, I outline some additional normative dimensions of what I propose to call the ‘eco-normative profiling’ of (...) technologies and design. (shrink)

One of the pressing challenges we face today—in a post-Westphalian order and post-Bretton Woods world —is how to design the right kind of MAS that can take full advantage of the socio-economic and political progress made so far, while dealing successfully with the new global challenges that are undermining the best legacy of that very progress. This is the topic of the article. In it, I argue that in order to design the right kind of MAS, we need (...) to design the right kind of norms that constitute them; in order to design the right kind of constitutive norms, we need to identify and adopt the right kind of principles of normative design; toleration is one of those principles; unfortunately, its role as a foundation for the design of norms has been undermined by the “paradox of toleration”; however, the paradox can be solved; so toleration can be re-instated as the right kind of foundational principle for the design of the right kind of norms that can constitute the right kind of MAS that can operate across cultures, societies and states, to help us to tackle the new global challenges facing us. (shrink)

Andrew Feenberg’s distinction between formal and substantive bias in the design of technology is interrogated. The two dimensions of his definition—inten­tion and the enhancement of specific social interests—are examined and eight logical possibilities arising from his argument are identified. These possibilities are explored through discussion of examples and it is argued that Feenberg has both: a) not broken sufficiently with substantivist philosophies of technology so that he retains ambivalence on technology’s ‘biased essence,’ and b) illegitimately rejected the idea of (...) a technology that is biased in itself. The latter category is important to critical theory of technology and the paper offers a conceptualization of it that draws on Habermas’s discourse ethics. (shrink)

:The “new institutionalist revolution” in social sciences has led to a repositioning of social norms to the forefront of the pre-analytic vision in institutional theory and to the consolidation of the contextual analysis approach. That has significant epistemological, methodological, and political philosophy implications. This essay follows the logic of these developments showing: why they inherently lead to the feasibility problem, the key of applied theory, toward which both contemporary philosophy and institutional analysis converge from different venues; how feasibility is a (...) nexus of empirical, counterfactual, normative, and contextual elements, that is, something more complex than a mere matching between empirical reality and institutional design; what are the governance implications of all of the above, with an emphasis on an alternative approach and in which the public choice process is seen mainly as endogenized, socialized, and institutionalized, as opposed to formalized, intellectualized, and externalized. (shrink)

Design is concerned with the ways in which we deliberately seek to arrange, organize, or structure things. From a philosophy of design perspective, the practice of design raises fundamental questions about the basic ways in which things can and should be organized. I advance a tripartite schema of the basic ways in which things (anything at all) can be organized and offer a triangular model of the “organization space” or “design space” they define. I refer to (...) these three basic forms of organization as “responsive cohesion,” “fixed cohesion,” and “discohesion,” and offer three reasons why responsively cohesive forms of organization are more valuable than the other two; indeed, the other two forms of organization are typically disvaluable. Beyond focusing on the value of individual instances of responsive cohesion, I further consider the fact that every responsively cohesive item exists within a wider context(s), which may itself tend more towards fixed cohesion, responsive cohesion, or discohesion. This raises a number of further issues; for example, what should we do if a responsively cohesive item clashes with – is discohesive with – its responsively cohesive context? I advance a normative theory of contexts to sort out these kinds of issues. In the context of this discussion, I briefly consider a range of other ideas that bear a family resemblance to the idea of responsive cohesion and indicate, equally briefly, why the theory of responsive cohesion approach is superior to these other approaches. I conclude with some guidance on how we can implement the ideas advanced here (“we” because we all design things in our own way) and then, more specifically, on the implications of these ideas for the professional designer-client relationship. (shrink)

The article argues that mainstream value-sensitive approaches to design have been based on narrow understandings of personhood and social dynamics, which are biased toward Western Educated Industrialized Rich and Democratic cultures and contradicted by empirical evidence. To respond to this weakness, the article suggests that design may benefit from focusing on user behaviours from the joint perspective of values and norms, especially across cultural contexts. As such, it proposes Norm Sensitive Design as a complement to value-sensitive (...) approaches when designing and implementing new technologies. Versus values, norms serve as more accurate predictors or descriptors of behaviours and can thus support value-sensitive approaches to realize the aspiration of informing user behaviour via design. The article makes two key contributions. On the theoretical side, it promotes the consideration of norms in design. On the practical side, it offers designers and instructors prompts for reflecting on design ethics from the perspective of norms. (shrink)

The prospective robots in healthcare intended to be included within the conclave of the nurse-patient relationship—what I refer to as care robots—require rigorous ethical reflection to ensure their design and introduction do not impede the promotion of values and the dignity of patients at such a vulnerable and sensitive time in their lives. The ethical evaluation of care robots requires insight into the values at stake in the healthcare tradition. What’s more, given the stage of their development and lack (...) of standards provided by the International Organization for Standardization to guide their development, ethics ought to be included into the design process of such robots. The manner in which this may be accomplished, as presented here, uses the blueprint of the Value-sensitive design approach as a means for creating a framework tailored to care contexts. Using care values as the foundational values to be integrated into a technology and using the elements in care, from the care ethics perspective, as the normative criteria, the resulting approach may be referred to as care centered value-sensitive design. The framework proposed here allows for the ethical evaluation of care robots both retrospectively and prospectively. By evaluating care robots in this way, we may ultimately ask what kind of care we, as a society, want to provide in the future. (shrink)

It has been argued that our concepts can be disrupted or challenged by technology or normative concerns, which raises the question of whether we can create, design, engineer, or define more robust concepts that avoid counterexamples and conceptual challenges that can lead to conceptual disruption. In this paper, it is argued that we can. This argument is presented through a case study of a definition in the technological domain.

Mechanism design is a form of optimization developed in economic theory. It casts economists as institutional engineers, choosing an outcome and then arranging a set of market rules and conditions to achieve it. The toolkit from mechanism design is widely used in economics, policymaking, and now in building and managing online environments. Mechanism design has become one of the most pervasive yet inconspicuous influences on the digital mediation of social life. Its optimizing schemes structure online advertising markets (...) and other multi-sided platform businesses. Whatever normative rationales mechanism design might draw on in its economic origins, as its influence has grown and its applications have become more computational, we suggest those justifications for using mechanism design to orchestrate and optimize human interaction are losing traction. In this article, we ask what ideological work mechanism design is doing in economics, computer science, and its applications to the governance of digital platforms. Observing mechanism design in action in algorithmic environments, we argue it has become a tool for producing information domination, distributing social costs in ways that benefit designers, and controlling and coordinating participants in multi-sided platforms. (shrink)

Empirical research in bioethics has developed rapidly over the past decade, but has largely eschewed the use of technology-driven methodologies. We propose “design bioethics” as an area of conjoined theoretical and methodological innovation in the field, working across bioethics, health sciences and human-centred technological design. We demonstrate the potential of digital tools, particularly purpose-built digital games, to align with theoretical frameworks in bioethics for empirical research, integrating context, narrative and embodiment in moral decision-making. Purpose-built digital tools can engender (...) situated engagement with bioethical questions; can achieve such engagement at scale; and can access groups traditionally under-represented in bioethics research and theory. If developed and used with appropriate rigor, tools motivated by “design bioethics” could offer unique insights into new and familiar normative and empirical issues in the field. (shrink)

Spontaneous orders are an essential concept in political theory and political economy. Such orders entail the impossibility of predicting outcomes in detail and hence controlling and directing social processes. Many phenomena characterizing contemporary societies can be depicted as spontaneous orders, from the housing and financial markets to the evolution of norms and trends. Yet, it is well known that not every spontaneous order is beneficial. Therefore, what form of political framework is compatible with recognizing such orders? In this article, I (...) address this problem through the example of the work of Friedrich Hayek, a prominent liberal theorist of spontaneous orders. His work shows the necessity to theorize a government of spontaneous orders based on maximizing reasonable expectations and individual freedom. I finally emphasize what such a theory implies for political power, which is not abolished but should handle complexity appropriately. (shrink)

Synthetic biologists design and engineer organisms for a better and more sustainable future. While the manifold prospects are encouraging, concerns about the uncertain risks of genome editing affect public opinion as well as local regulations. As a consequence, biosafety and associated concepts, such as the Safe-by-design framework and genetic safeguard technologies, have gained notoriety and occupy a central position in the conversation about genetically modified organisms. Yet, as regulatory interest and academic research in genetic safeguard technologies advance, the (...) implementation in industrial biotechnology, a sector that is already employing engineered microorganisms, lags behind. The main goal of this work is to explore the utilization of genetic safeguard technologies for designing biosafety in industrial biotechnology. Based on our results, we posit that biosafety is a case of a changing value, by means of further specification of how to realize biosafety. Our investigation is inspired by the Value Sensitive Design framework, to investigate scientific and technological choices in their appropriate social context. Our findings discuss stakeholder norms for biosafety, reasonings about genetic safeguards, and how these impact the practice of designing for biosafety. We show that tensions between stakeholders occur at the level of norms, and that prior stakeholder alignment is crucial for value specification to happen in practice. Finally, we elaborate in different reasonings about genetic safeguards for biosafety and conclude that, in absence of a common multi-stakeholder effort, the differences in informal biosafety norms and the disparity in biosafety thinking could end up leading to design requirements for compliance instead of for safety. (shrink)

Hohfeldian normative system are normative systems that can be described by means of the analytical framework expounded by Hohfeld in his two famous papers on the fundamental legal conceptions. In this article I analyze some features of this particular kind of normative systems. Hohfeld’s original idea was to design a universal tool capable of describing, at the most basic level, the web of normative relationships between persons created by a system of rules. My claim is, instead, that if we (...) take Hohfeld’s framework literally as it is, Hohfeldian normative systems are few. This happens because, amongst other peculiarities, standard Hohfeldian normative systems are necessarily complete and unclosed. In the final part of the article I will show how we can have instead incomplete and closed Hohfeldian normative systems, extending in this way the descriptive range of Hohfeld’s framework. (shrink)

Recently, there is increased attention to the integration of moral values into the conception, design, and development of emerging IT. The most reviewed approach for this purpose in ethics and technology so far is Value-Sensitive Design (VSD). This article considers VSD as the prime candidate for implementing normative considerations into design. Its methodology is considered from a conceptual, analytical, normative perspective. The focus here is on the suitability of VSD for integrating moral values into the design (...) of technologies in a way that joins in with an analytical perspective on ethics of technology. Despite its promising character, it turns out that VSD falls short in several respects: (1) VSD does not have a clear methodology for identifying stakeholders, (2) the integration of empirical methods with conceptual research within the methodology of VSD is obscure, (3) VSD runs the risk of committing the naturalistic fallacy when using empirical knowledge for implementing values in design, (4) the concept of values, as well as their realization, is left undetermined and (5) VSD lacks a complimentary or explicit ethical theory for dealing with value trade-offs. For the normative evaluation of a technology, I claim that an explicit and justified ethical starting point or principle is required. Moreover, explicit attention should be given to the value aims and assumptions of a particular design. The criteria of adequacy for such an approach or methodology follow from the evaluation of VSD as the prime candidate for implementing moral values in design. (shrink)

In normative pragmatics, a kind of empirical discourse analysis organized by normative theory, the analysis of any communication process begins with an idealized model of the discourse that can be compared with actual practices. Idealizations of argumentation can be found, among other places, in theoretical descriptions of ‘critical discussion’ and other dialogue types. Comparing ideal models with actual practices can pinpoint defects in the models (leading to theoretical refinements), but it can also identify deficiencies in practice. This latter possibility invites (...) redesign around well-justified idealizations. This paper outlines an approach to the design of discourse processes and illustrates the approach with contrastive analysis of several recently developed protocols for discussion and debate on the worldwide web. (shrink)

There are three ways in which descriptive claims stating non-normative facts might bear on normative claims such as principles of social justice and human rights. They may identify (a) specific occasions that trigger application, (b) conditions of feasible implementation, and (c) certain sources of value. The first relation is obvious but important: norms cannot be applied without stating circumstances that make their application relevant. The second relation is also important, as norms that cannot be fulfilled are deficient for guiding social (...) practices and institutional design. The first relation is widely accepted and discussed, and I will not say much about it here. I will say more about the second relation, but not much more because I have discussed it in detail in my writings on feasibility. In this paper, my main focus is on the third relation, which remains underexplored in the relevant literature. After identifying the three relations between facts and norms as they arise in recent discussions in political philosophy, I offer an account of their significance by articulating a specific view that I call ‘dignitarianism’. According to dignitarianism, at least some of the central norms concerning the treatment of an entity depend on the inherent dignity of that entity. Human rights offer a paradigmatic case of dignitarianism, and I concentrate on them to explore the relations between facts, norms, and dignity. (shrink)

While "scientism" is typically regarded as a position about the exclusive epistemic authority of science held by a certain class of "cultured despisers" of "religion", we show that only on the assumption of this sort of view do purportedly "scientific" claims made by proponents of "intelligent design" appear to lend epistemic or apologetic support to claims affirmed about God and God's action in "creation" by Christians in confessing their "faith". On the other hand, the hermeneutical strategy that better describes (...) the practice and method of Christian theologians, from the inception of theological reflection in the Christian tradition, acknowledges the epistemic authority of the best available tests for truth in areas of human inquiry such as science and history. But this strategy does not assume that such tests, whose authority must be regarded as provisional, provides authority for the warrant of affirming claims constituting the confessed "faith". By attributing theological import to claims advanced by appeal to the best available tests for truth in the practice of science, supporters of ID not only confuse the epistemic authority of these tests with the normative authority of a faith community's confessional identity, but impute to scientific tests for truth a sort of authority that even goes beyond the "methodological naturalism" against which they counterpose their claims. (shrink)

This paper offers insights into the nature and design of critical questions as they are found in argumentation schemes. In the first part of the paper, I address some general concerns regarding their purpose and formulation. These include a discussion of their evaluative function, their relationship with the patterns of reasoning they accompany, as well as the differing formulations of critical questions currently on offer. I argue that the purpose of critical questions for humans ought to be to provide (...) the means for a scalar evaluation of the reasoning at hand. To do so, critical questions should be closely paired with individual premises in the accompanying pattern of reasoning and be open-ended. Doing so allows the roles of raising considerations relevant for the reasoning and scrutinizing those considerations to be clearly distinguished. In the second part of the paper, I offer a positive methodological proposal for the construction of questions and premises that aims at overcoming a number of the individual and systematic shortcomings of extant question styles. The paper concludes by arguing that the newly proposed approach is both normatively strong and practically useful for argumentation in context. (shrink)

The comprehension of norms in complex social systems is one of the most active fields of research in agent-based modelling. This is faced with the challenge to comprehend the recursive interaction between inter- and intra-agent processes. In this article, a comparative analysis of selected cases of normative agent architectures will be given based on a review of theories of norms in the social sciences. This allows to identify the prerequisites for a representation of the cognitive processes of norm recognition. (...) As yet, there is no unequivocal concept for the design of normative agents. Different approaches are compared along the line of different theoretical accounts. (shrink)

The prospective robots in healthcare intended to be included within the conclave of the nurse-patient relationship—what I refer to as care robots—require rigorous ethical reflection to ensure their design and introduction do not impede the promotion of values and the dignity of patients at such a vulnerable and sensitive time in their lives. The ethical evaluation of care robots requires insight into the values at stake in the healthcare tradition. What’s more, given the stage of their development and lack (...) of standards provided by the International Organization for Standardization to guide their development, ethics ought to be included into the design process of such robots. The manner in which this may be accomplished, as presented here, uses the blueprint of the Value-sensitive design approach as a means for creating a framework tailored to care contexts. Using care values as the foundational values to be integrated into a technology and using the elements in care, from the care ethics perspective, as the normative criteria, the resulting approach may be referred to as care centered value-sensitive design. The framework proposed here allows for the ethical evaluation of care robots both retrospectively and prospectively. By evaluating care robots in this way, we may ultimately ask what kind of care we, as a society, want to provide in the future. (shrink)

Supporters of political realism and republicanism as well as students of political feasibility and non-ideal theory progressively focus on the dimension of power in the political relation. Yet we lack the theoretical framework to represent these features of power. In this essay, I take a first step towards designing the necessary conceptual tools for such a framework by analyzing the relations between the concepts of power and normativity that define the political relation. Adopting a ‘methodological cynicism’, I analyse the reasons (...) that motivate cynics who are only interested in power to obey a norm against force or violence and to seek legitimacy. This allows us to characterize external or mediate relations between power and normativity (such as the relation underlying political theory’s ambition of offering normative guidance for power) and identify internal and immediate relations between power and normativity. (shrink)

We examine the claim that design is demarcated from science by having wicked problems while science does not and argue that it is wrong. We examine each of the ten features Rittel and Weber hold to be characteristic of wicked problems and show that they derive from three general sources common to science and design: agent finitude, system complexity and problem normativity, and play analogous roles in each. This provides the basis for a common core cognitive process to (...) design and science. Underlying our arguments is a shift to a strategic problem-solving conception of method in both disciplines that opens up new opportunities for synergetic cross-disciplinary research and practice. (shrink)

In this preliminary study, the authors extend Swanson's concept of normative myopia (the propensity of executives to downplay or ignore the values at stake in their decision making) by using it as a point of reference for studying executives' preference for high pay dispersion. Specifically, the authors designed a survey to examine hypothesized relationships among myopia, personality, and executives' preference for highly stratified organizational pay structures. Data from 133 executive respondents suggest that myopic executives tend to prefer top-heavy compensation systems. (...) In addition, the findings point to an inverse relationship between the personality factor Agreeableness and normative myopia, with the former offsetting the latter. The authors reject the alternative hypothesis that gender influences both agreeableness and myopia and conclude with some implications for business and society, including Swanson's proposition that normative myopia at the top contributes to a neglectful form of corporate social performance. (shrink)

People often reason about omissions. One line of research shows that people can distinguish between the semantics of omissive causes and omissive enabling conditions: for instance, not flunking out of college enabled you (but didn’t cause you) to graduate. Another line of work shows that people rely on the normative status of omissive events in inferring their causal role: if the outcome came about because the omission violated some norm, reasoners are more likely to select that omission as a (...) cause. We designed a novel paradigm that tests how norms interact with the semantics of omissive enabling conditions. The paradigm concerns the circuitry of a mechanical device that plays music. Two experiments used the paradigm to stipulate norms and present a distinct set of possibilities to participants. Participants chose which causal verb best described the operations of the machine. The studies revealed that participants’ responses are best predicted by their tendency to consider the semantics of omissive relations. In contrast, norms had little to no effect in participants’ responses. We conclude by marshaling the evidence and considering what role norms may play in people’s understanding of omissions. (shrink)

Applications of artificial intelligence/machine learning in health care are dynamic and rapidly growing. One strategy for anticipating and addressing ethical challenges related to AI/ml for health care is patient and public involvement in the design of those technologies – often referred to as ‘co-design’. Co-design has a diverse intellectual and practical history, however, and has been conceptualized in many different ways. Moreover, AI/ml introduces challenges to co-design that are often underappreciated. Informed by perspectives from critical data (...) studies and critical digital health studies, we review the research literature on involvement in health care, and involvement in design, and examine the extent to which co-design as commonly conceptualized is capable of addressing the range of normative issues raised by AI/ml for health care. We suggest that AI/ml technologies have amplified and modified existing challenges related to patient and public involvement, and created entirely new challenges. We outline three pitfalls associated with co-design for ethical AI/ml for health care and conclude with suggestions for addressing these practical and conceptual challenges. (shrink)

All states of human life are limited by time. Human personality, but also interpersonal justice therefore have a temporal dimension. Is time thus a source of normativity: a factor that every ethic must take into account? Does it make any demands on the design of our personal way of life? And must norms and rules that aim to bring about, maintain, change or end certain states of human life always have to take into account the passage of time? In (...) this book, seventeen philosophers discuss the significance of the temporal dimension of human personality and interpersonal justice for ethics and law. It becomes clear that hardly any problem applied ethics face today does not refer to the normative meaning of the temporality of our existence and the passing of time. With contributions by Dieter Birnbacher, Frank Dietrich, Michael Grossheim, Martin Hoffmann, Jan C. Joerden, Sebastian Knell, Andrea Klonschinski, Walter Mesch, Lukas H. Meyer, Andreas Mueller, Johannes Mueller Salo, Michael Quante, Michael Schefczyk, Reinold Schmücker , Niko Strobach, Timothy Waligore, Ulla Wessels. (shrink)

In this article, I critically respond to Herbert Gintis's criticisms of the behavioral-economic foundations of Ken Binmore 's game-theoretic theory of justice. Gintis, I argue, fails to take full account of the normative requirements Binmore sets for his account, and also ignores what I call the ‘scale-relativity’ considerations built into Binmore 's approach to modeling human evolution. Paul Seabright's criticism of Binmore, I note, repeats these oversights. In the course of answering Gintis's and Seabright's objections, I clarify and extend Binmore (...) 's theory in a number of respects, integrating it with Kim Sterelny's and Don Ross's recent work on the evolution of people as cultural entities. The account also yields a novel basis for choosing between socialism and what Binmore calls ‘whiggery’ as normative political programs. Key Words: theory of justice • bargaining theory • evolutionary game theory • human evolution • Ken Binmore • Herbert Gintis • Kim Sterelny. (shrink)

Since the middle of the last century, normative language has been much studied. In particular, the normative function performed by certain sentences and by certain speech acts has been investigated in depth. Still, the normative function performed by certain physical artifacts designed and built to regulate human behaviors has not yet been thoroughly investigated. We propose to call this specific type of artifacts with normative intent ‘deontic artifacts’. This article aims to investigate this normative phenomenon that is so widespread in (...) our daily reality, but so often forgotten by scholars of norms and normativity. (shrink)

Traditionally, the consequences of employees' behavior (teleology) and the norms attributed to the behavior (deontology) have been two familiar determinants of ethical decision making (EDM). More recently, emotions have also gained considerable attention for their ability to affect EDM. Marketing ethics literature overlooks how emotions are related with norms and consequences. Hence, this study investigates how normative, consequentialist, and emotional factors interactively influence EDM in a sales ethics context. Using scenarios with a 2 × 2 between-groups factorial design, we (...) collected data online from 303 sales professionals. Then we used independent samples t tests and hierarchical regression models to analyze the hypothesized relationships. Results indicate that violation of and obedience to deontological norms stimulate negative and positive anticipated emotions, respectively, leading to stronger EDM. However, to a lesser extent, when violation of and obedience to deontological norms do not stimulate anticipated emotions, those emotions lead to weaker EDM. Moreover, consequences do not stimulate any anticipated emotions. Instead, consequences moderate the relationship between anticipated emotions and EDM. In addition, deontological and teleological evaluations mediate the relationship between anticipated emotions and EDM. These findings highlight the importance of considering the interplay between normative, consequentialist, and emotional factors in the formation of ethical judgments and intentions. The article discusses the implications of these results for sales professionals and organizations and suggests future research directions. (shrink)

This article considers the principles that ought to be used to determine the scope and content of contract law's «default rules», the rules that will, in the absence of express exclusion, govern parties» contractual relationships. It examines three, ostensibly competing, approaches discussed in the literature: that defaults be grounded in the subjective consent of contracting parties, in the customs and norms immanent within the parties» community, and in the value of economic efficiency. It argues that each has something of value (...) to tell us about default rules, but that none can, in isolation, offer a wholly compelling prescription for their design. Rather, the best such prescription must be an eclectic one, drawing something from all three accounts, but varying to reflect the institution promulgating the default. Where defaults are promulgated legislatively, the case for choosing rules that will promote efficiency is a strong one, and the main criticism of efficiency analysis is shown, in this particular context, to be misguided. Where, however, defaults are promulgated adjudicatively—in the context of settling individual cases—the normative appeal of efficiency is much reduced. The article, then, criticizes efficient adjudicative defaults against their defenders, whilst defending efficient legislative defaults against their critics. (shrink)

Value Sensitive Design (VSD) is an established method for integrating values into technical design. It has been applied to different technologies and, more recently, to artificial intelligence (AI). We argue that AI poses a number of challenges specific to VSD that require a somewhat modified VSD approach. Machine learning (ML), in particular, poses two challenges. First, humans may not understand how an AI system learns certain things. This requires paying attention to values such as transparency, explicability, and accountability. (...) Second, ML may lead to AI systems adapting in ways that ‘disembody’ the values embedded in them. To address this, we propose a threefold modified VSD approach: 1) integrating a known set of VSD principles (AI4SG) as design norms from which more specific design requirements can be derived; 2) distinguishing between values that are promoted and respected by the design to ensure outcomes that not only do no harm but also contribute to good; and 3) extending the VSD process to encompass the whole life cycle of an AI technology in order to monitor unintended value consequences and redesign as needed. We illustrate our VSD for AI approach with an example use case of a SARS-CoV-2 contact tracing app. (shrink)

The design of new constitutions is fraught with challenges on both issues of structural design and individual rights. As both a descriptive and normative matter it is exceedingly difficult to believe that one structural solution will fit all cases. The high variation in nation size, economic development, and ethnic division can easily tilt the balance for or against a Presidential or Parliamentary system, and even within these two broad classes the differences in constitutional structure are both large and (...) hard to measure. The only confident claim is that some system of separation of powers coupled with checks and balances is needed. Deciding which system, however, is far harder. In contrast, that same level of doubt does not arise in connection with the correct specification of individual right. Strong systems of negative rights on matters of liberty, property, religion, and speech are preferable across a wide range of social organizations. On the other hand, any effort to create systems of positive entitlements will fail because of the negative effects that they have on wealth creation and the inability to define or limit the scope of the relevant entitlements. (shrink)

We deal with the design problem of nonfragile state estimator for discrete-time genetic regulatory networks with time-varying delays and randomly occurring uncertainties. In particular, the norm-bounded uncertainties enter into the GRNs in random ways in order to reflect the characteristic of the modelling errors, and the so-called randomly occurring uncertainties are characterized by certain mutually independent random variables obeying the Bernoulli distribution. The focus of the paper is on developing a new nonfragile state estimation method to estimate the (...) concentrations of the mRNA and the protein for considered uncertain delayed GRNs, where the randomly occurring estimator gain perturbations are allowed. By constructing a Lyapunov-Krasovskii functional, a delay-dependent criterion is obtained in terms of linear matrix inequalities by properly using the discrete-time Wirtinger-based inequality and reciprocally convex combination approach as well as the free-weighting matrix method. It is shown that the proposed method ensures that the estimation error dynamics is globally asymptotically stable and the desired estimator parameter is designed via the solutions to certain LMIs. Finally, we provide two numerical examples to illustrate the feasibility and validity of the proposed estimation results. (shrink)

We design a framework for assisted normative reasoning based on Aristotelian diagrams and algorithmic graph theory which can be employed to address heterogeneous tasks of deductive reasoning. Here we focus on two problems of normative determination: we show that the algorithms used to address these problems are computationally efficient and their operations are traceable by humans. Finally, we discuss an application of our framework to a scenario regulated by the GDPR.

PurposeBeginning with the initial premise that the internet has a global character, the purpose of this paper is to argue that the normative evaluation of digital information on the internet necessitates an evaluative model that is itself universal and global in character. To this end, the paper aims to demonstrate and support a universal model for the normative evaluation of information on the internet.Design/methodology/approachThe design and application of a dual normative model of information show how such a model (...) commits all disseminators of information to universal epistemological and ethical norms.FindingsBased on the dual normative characterization of information, the paper demonstrates that information and internet information specifically, have an inherent normative structure that commits its disseminators to certain mandatory epistemological and ethical commitments; and that the negligent or purposeful abuse of information in violation of those commitments is also a violation of universal rights to freedom and wellbeing to which all agents are entitled by virtue of being agents, and in particular informational agents.Research limitations/implicationsOwing to space constraints it is impractical to provide in this paper a detailed account of how the argument for informational universal rights can deal with other competing moral obligations.Originality/valueThe findings based on an innovative dual normative model of information demonstrate and support the initial thesis of the paper, namely, that the dissemination of internet information due to its global nature commits all informational agents to universal epistemological and ethical principles. (shrink)

This paper deals with EMIL-S, a software tool box which was designed during the EMIL project for the simulation of processes during which norms emerged in an agent society. This tool box implements the cognitive architecture of normative agents which was designed during the EMIL project which is also discussed in other papers in this issue. This implementation is described in necessary detail, and two examples of its application to several different scenarios are given, namely a scenario in which persons (...) involved in micro finance are simulated and learn how to sanction free riders and how to learn from these sanctions, and a scenario in which simulated persons move through a simulated airport where they more often than not have to wait in queues and learn how to behave properly in queues. (shrink)

The main aim of this final essay is to draw on the insights gathered in the Debate “Do Referendums Enhance or Threaten Democracy” to inform future normative and empirical discussions about the design of popular vote processes. We first offer some clarifications regarding three of the concerns raised by respondents about our introductory essay. We then propose a systematic classification of the lines of variation along which the design of popular vote processes usually varies. More precisely, we highlight (...) nine lines of variation: trigger, origin of the text, legal basis, scope, trigger requirements, time, ballot, information, and decision rule. We conclude by emphasizing the relevance and necessity of debating the formal institutional design of popular vote processes. (shrink)

Several scholars have argued that Internet use might be fundamentally incompatible with Confucian ethics, because the values that are embedded in the Internet might be in conflict with Confucian values. In addition, the design of various social network services considers very little of non-Western values in its engineering. Against this background, this article explores the philosophical question of whether Internet use, particularly social network services, is compatible with the fundamental values and norms of Confucian ethics. In addition, the article (...) discusses the Confucian notion of tian xia, and argues that tian xia, as a basic structuring principle of Confucian philosophy, helps to innovate a different social media. (shrink)