The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention's provisions. Each provision's analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other (...) fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law. (shrink)

Explainable artificial intelligence (XAI) seeks to produce explanations for those machine learning methods which are deemed opaque. However, there is considerable disagreement about what this means and how to achieve it. Authors disagree on what should be explained (topic), to whom something should be explained (stakeholder), how something should be explained (instrument), and why something should be explained (goal). In this paper, I employ insights from means-end epistemology to structure the field. According to means-end epistemology, different means ought to be (...) rationally adopted to achieve different epistemic ends. Applied to XAI, different topics, stakeholders, and goals thus require different instruments. I call this the means-end account of XAI. The means-end account has a descriptive and a normative component: on the one hand, I show how the specific means-end relations give rise to a taxonomy of existing contributions to the field of XAI; on the other hand, I argue that the suitability of XAI methods can be assessed by analyzing whether they are prescribed by a given topic, stakeholder, and goal. (shrink)

Deepfakes are fake recordings generated by machine learning algorithms. Various philosophical explanations have been proposed to account for their epistemic harmfulness. In this paper, I argue that deepfakes are epistemically harmful because they undermine trust in recording technology. As a result, we are no longer entitled to our default doxastic attitude of believing that P on the basis of a recording that supports the truth of P. Distrust engendered by deepfakes changes the epistemic status of recordings to resemble that of (...) handmade images. Their credibility, like that of testimony, depends partly on the credibility of the source. I consider some proposed technical solutions from a philosophical perspective to show the practical relevance of these suggestions. (shrink)

The UN Global Compact is a voluntary initiative designed to help fashion a more humane world by enlisting business to follow ten principles concerning human rights, labor, the environment, and corruption. Although the four-year-old Compact is a relatively successful initiative, having signed up over eleven hundred companies and more than two hundred of the large multinationals, and having begun some important projects on globalization issues, there is a serious problem in that very few of the major U.S. companies have joined. (...) While the premier U.S. companies are interested in meeting the legitimate expectations of society, there is concerncentering around accountability issues. The accountability issues are in four major areas: 1. Accountability showing that the globalization of the economy actually helps the poor. 2. Accountability showing the corporate performance matches rhetoric. 3. Accountability that provides legitimacy to a two-tier pricing system and other measures that are designed to assist the poor in developing countries. 4. Accountability in the human rights area; what societal expectations are multinational companies accountablefor? The article outlines the problems that the Compact brings to the fore and offers some insight from the ethical literature that may address U.S. company concerns or provide new ways of thinking about the issues. It further argues that the forum provided by the Compact may be the most effective means to gain consensus of the role of business in society. (shrink)

In this article, I offer a detailed examination of Margaret Macdonald's response to the Cartesian sceptical argument from dreaming. I show that Macdonald's views were not well understood by her contemporaries, and I suggest that this misunderstanding has led to her omission from subsequent discussions of this subject. I end with a brief demonstration of the fact that Macdonald's central claims have re-emerged in contemporary epistemology.

Introduction: The role of animals in philosophies of man -- Part I: What's wrong with animal rights? -- The right to remain silent -- Part II: Animal pedagogy -- You are what you eat : Rousseau's cat -- Say the human responded : Herder's sheep -- Part III: Difference worthy of its name -- Hair of the dog : Derrida's and Rousseau's good taste -- Sexual difference, animal difference : Derrida's sexy silkworm -- Part IV: It's our fault -- The (...) beaver's struggle with species-being : De Beauvoir and the praying mantis -- Answering the call of nature : Lacan walking the dog -- Part V: Estranged kinship -- The abyss between humans and animals : Heidegger puts the bee in being -- Strange kinship : Merleau-Ponty's sensuous stickleback -- Stopping the anthropological machine : Agamben's tick-tocking tick -- Psychoanalysis and the science of kinship -- Psychoanalysis as animal by-product : Freud's zoophilia -- Animal abjects, maternal abjects : Kristeva's strays -- Conclusion: Sustainable ethics. (shrink)

Methods of machine learning (ML) are gradually complementing and sometimes even replacing methods of classical statistics in science. This raises the question whether ML faces the same methodological problems as classical statistics. This paper sheds light on this question by investigating a long-standing challenge to classical statistics: the reference class problem (RCP). It arises whenever statistical evidence is applied to an individual object, since the individual belongs to several reference classes and evidence might vary across them. Thus, the problem consists (...) in choosing a suitable reference class for the individual. I argue that deep neural networks (DNNs) are able to overcome specific instantiations of the RCP. Whereas the criteria of narrowness, reliability, and homogeneity, that have been proposed to determine a suitable reference class, pose an inextricable tradeoff to classical statistics, DNNs are able to satisfy them in some situations. On the one hand, they can exploit the high dimensionality in big-data settings. I argue that this corresponds to the criteria of narrowness and reliability. On the other hand, ML research indicates that DNNs are generally not susceptible to overfitting. I argue that this property is related to a particular form of homogeneity. Taking both aspects together reveals that there are specific settings in which DNNs can overcome the RCP. (shrink)

PurposeThe purpose of this paper is to add one further value to the previously articulated “universal values” and to describe the constituent components of three universal values.Design/methodology/approachThis interpretive/constructivist study of Australia's largest online community of seniors involved a 30‐month ethnographic investigation. After an initial period of 11 months of observing social interaction on the entire site, in‐depth, semi‐structured interviews were conducted with 30 participants, selected according to criterion sampling, a form of purposive sampling.FindingsFour key moral values were identified: equality, freedom, (...) respect and trust. All of them had been found in other studies, with equality and respect (as human dignity) identified as universal values. The findings from this study suggest that freedom is another universal value.Originality/valueThis study extends the understanding of universal values to include freedom. Further, it demonstrates the constituent components for freedom, and those of two other universal values previously identified in the literature, equality and human dignity, as well as revealing linkages between these three values. (shrink)

ArgumentThe nineteenth century witnessed the advent of the modern zoo. Nearly everyone who came to watch the exotic animals was a “lay person” in the sense that virtually none had formal training in zoology. This paper provides a typology of these observers: the zoo directors, assistants, keepers, animal painters, and the “common” visitor. What did they observe and what were their motivations? Did they pursue a certain agenda? What kind of knowledge, if any, did they produce? Soon the issue of (...) the reliability of these observations emerged. Lay observers insisted on the veracity of their intimate and personal knowledge of animals while academics complained that their claims could not be generalized and were tainted by anthropomorphism. Hence the focus on the observations of these laymen will reveal contemporary assumptions on what may count as “scientific.” This is closely linked to the question of how far the zoo may qualify as a site of scientific investigation in the first place. The constraints on doing research on animals in a public space such as the zoo were numerous. Yet despite these obstacles the zoological garden contributed to the rise of ecological thinking as well as to the formation of ethology as a scientific discipline. (shrink)

In this article we explore the possibility of viewing complex systems, as well as the models we create of such systems, as operating within a particular type of economy. The type of economy we aim to establish here is inspired by Jacques Derrida’s reading of George Bataille’s notion of a general economy. We restrict our discussion to the philosophical use of the word ‘economy’. This reading tries to overcome the idea of an economy as restricted to a single logos or (...) master narrative. At the same time, however, Derrida illustrates that we always operate from a restricted framework and as such something will always escape and interrupt our understanding of the world. In this paper we will propose that one could use Derrida’s reading of Bataille, along with notions such as différance, in order to move towards an understanding of complex systems as existing within certain sets of possibilities and constraints. We argue that this view of an economy agrees with the work of Edgar Morin on complexity and his conceptualization of general complexity. (shrink)

What are experts? Are there only experts in a subjective sense or are there also experts in an objective sense? And how, if at all, may non-experts recognize experts in an objective sense? In this paper, I approach these important questions by discussing Alvin I. Goldman's thoughts about how to define objective epistemic authority and about how non-experts are able to identify experts. I argue that a multiple epistemic desiderata approach is superior to Goldman's purely veritistic approach.

In medizinethischen Kontexten bezeichnet der Ausdruck „Odysseus-Verträge“ Selbstbindungen, die in der vorausschauenden Bitte von Patienten an ihre Ärzte bestehen, eigene spätere Behandlungspräferenzen nicht zu befolgen. Umstritten ist jedoch, ob eine vorhergehende Anweisung ein Handeln gegen den Patientenwillen in der aktualen Behandlungssituation rechtfertigt. In diesem Beitrag wird die Frage nach der Verbindlichkeit von Odysseus-Anweisungen erörtert. Zunächst wird gezeigt, dass die Befolgung einer Odysseus-Anweisung eine Form des paternalistischen Handelns darstellt und die Frage nach der Verbindlichkeit von Odysseus-Anweisungen daher in diejenige nach der (...) Rechtfertigung paternalistischen Handelns zu überführen ist . Im Folgenden wird als Rechtfertigungsmodell für paternalistisches Handeln ein Zustimmungsmodell verteidigt , dem zufolge eine paternalisierende Maßnahme durch die antizipierte spätere Zustimmung des Patienten zu dieser Maßnahme gerechtfertigt wird . Nach einer Erörterung des Einwandes, dass damit die besonderen normativen Probleme von Odysseus-Anweisungen aus dem Blick geraten , werden abschließend Fälle untersucht, in denen aufgrund eines irreversiblen Kompetenzverlustes keine spätere Zustimmung zur paternalisierenden Maßnahme mehr möglich ist. In diesen Fällen, so die These, ist ein paternalistisches Handeln gegen den aktualen Patientenwillen nicht gerechtfertigt; kommt es hier also zu einem Konflikt zwischen dem in der Vorausverfügung dokumentierten und dem aktualen Patientenwillen, ist letzterer zu respektieren .In the context of medical ethics, the term „Ulysses contract“ denotes an advance directive by means of which a patient binds himself for the future by instructing a doctor to act against his foreseen future preferences. There is some controversy, however, about whether a person’s prior decisions should be regarded as mandatory for the doctor even when they conflict with her present desires. In this contribution, I address the questions whether and under what circumstances Ulysses instructions should be regarded as binding. In Part , I attempt to show that observing a Ulysses instruction means acting paternalistically and that therefore the question whether Ulysses contracts ought to be respected should be transformed into the question how paternalistic action can be justified. Parts and are concerned with the justification of paternalistic action. On the basis of a conception of welfare as being tied to the person’s interests and preferences, I defend a consent-based model of justification . More specifically, I suggest that the patient’s anticipated later consent to a precedent paternalistic action should count as its justification . In what follows, I attempt to rebut the objection that this account does not do justice to the specific normative problems of Ulysses contracts . Finally, I examine cases in which, due to an irreversible loss of competence, a paternalistic action cannot be assented to by the patient. I argue that in these cases, acting against the patient’s present wishes cannot be justified. If in such a case a patient’s present request runs contrary to the past request expressed in the advance directive, the former should be respected. (shrink)

Purpose Professional ethics is explored with three main foci: a critique of codes of conduct and the value of creating a global code for information and communication technology ; a critique of ICT professional certification; and the debate over whether ICT is really a profession. Design/methodology/approach This is a conceptual reflection on the current state of the ICT industry internationally, informed by the literature. Findings Compared to a mature profession, such as health, ICT is a young profession. This is evidenced (...) in the disparity of domains of practice, the lack of agreement on universal values governing the industry and the ongoing difficulties in creating international certification. Originality/value Until now, there has been little recognition of the corporatisation of ICT professionals and the effect that has on their ability to engage in appropriate professional ethics. More research is needed to explore appropriate ways in which ethical behaviour can be encouraged in the corporate workplace, including how professional development can be strengthened through building learning organisations. (shrink)

My essay is framed by Hypatia's first special issue on Motherhood and Sexuality at one end, and by the most recent special issue (as of this writing) on the work of Iris Young, whose work on pregnant embodiment has become canonical, at the other. The questions driving this essay are: When we look back over the last twenty-five years, what has changed in our conceptions of pregnancy and maternity, both in feminist theory and in popular culture? What aspects of feminist (...) debates from the 1970s and 1980s are still relevant today? And, how might what appear to be radical shifts in popular perceptions of pregnancy actually continue traditional values that objectify and “abjectify” the maternal body?Here, I will focus on three central elements of the revaluation of pregnancy and maternity as they show up in feminist philosophy and in popular culture: 1. The relationship between pregnancy and sexuality, both in terms of pregnant sexuality and in terms of the pregnant body as sexual object; 2. The “choice” to become a mother as a “feminist choice”; 3. The temporality of pregnancy and birth as marking something like “women's time.”. (shrink)

Abstract: This article addresses a foundational issue in Kant's moral philosophy, the question of the relation of the Categorical Imperative to value. There is an important movement in current Kant scholarship that argues that there is a value underlying the Categorical Imperative. However, some scholars have raised doubts as to whether Kant has a conception of value that could ground the Categorical Imperative. In this paper I seek to add to these doubts by arguing, first, that value would have to (...) be of a particular kind in order to be the foundation of Kant's moral philosophy. Second, I argue that Kant does not have such a conception of value, and that his arguments rule out that value could ground his moral philosophy. I then outline an alternative reading of how Kant uses ‘inner value’. My conclusion will be that Kant does not derive the Categorical Imperative from an underlying value. While some of his passages could also be read as if value were foundational for Kant, a close look at these passages and his arguments point away from this conclusion. (shrink)

In [STU 00, KUT 03] we introduced a family of ‘modal' languages intended for talking about distances. These languages are interpreted in ‘distance spaces' which satisfy some of the standard axioms of metric spaces. Among other things, we singled out decidable logics of distance spaces and proved expressive completeness results relating classical and modal languages. The aim of this paper is to axiomatize the modal fragments of the semantically defined distance logics of [KUT 03] and give a new proof of (...) their decidability. (shrink)

This article considers how the new finds have affected one's view of Empedocles, and suggests how interpretation of that material might help solve some longstanding problems about the structure and content of Empedocles' writings. A basic account of the teachings of Empedocles would distinguish between two main components. On the one hand, there is a “Presocratic” physics, including a theory of principles, a cosmology, and a biology. On the other hand, there is a mythical law, clearly inspired by Orphic or (...) Pythagorean legends, which imposes on guilty gods a punishment consisting in their transmigration through a series of mortal beings. The purpose of this article is to show that Empedocles has the habit of referring to divine entities of his physical system both in a physical and in a mythological way and that his uses of the word daimon form part of this twofold language. (shrink)

Despite the popularity of many of Kant’s ethical notions, such as autonomy, dignity and respect for persons, there is a perception, even among Kant scholars themselves, that one cannot reliably derive concrete duties from Kant’s moral philosophy. Against this, I shall argue that — properly understood — Kant’s ethics is of prime importance even today. I shall argue that Kant’s preferred procedure is actually the way we develop new ethical rules during the recent Coronavirus pandemic. In order to demonstrate this, (...) I shall first reflect on how we came up with ethical rules such as keeping six feet of distance, wearing a mask, or restricting the number of people who can occupy a room at the same time. I shall then give the reasons why I do not follow the standard interpretations of how one derives concrete duties from Kant’s main formulation of the Categorical Imperative or the Formula of Humanity. Finally, I shall present the textual evidence that Kant proposes a method like the one we use today during a pandemic, and argue that this alternative interpretation can deal much better with the main objections that are commonly levelled against the standard interpretation of Kant’s procedure to derive concrete duties from the Categorical Imperative. (shrink)

The concepts of animal, human, and rights are all part of a philosophical tradition that trades on foreclosing the animal, animality, and animals. Rather than looking to qualities or capacities that make animals the same as or different from humans, I investigate the relationship between the human and the animal. To insist, as animal rights and welfare advocates do, that our ethical obligations to animals are based on their similarities to us reinforces the type of humanism that leads to treating (...) animals—and other people—as subordinates. But, if recent philosophies of difference are any indication, we can acknowledge difference without acknowledging our dependence on animals, or without including animals in ethical considerations. Animal ethics requires rethinking both identity and difference by focusing on relationships and responsivity. My aim is not only to suggest an animal ethics but also to show how ethics itself is transformed by considering animals. (shrink)

Implicit in the value sensitive design (VSD) approach is a concern for understanding, and where possible, disrupting problematic power relationships. Yet an awareness of the issues and ethics of power relations is a pre-requisite for such a concern to bear fruit. This article provides some insight into the issues, and through a case study of technology design to support care arrangements for age-related cognitive decline, illustrates how finding a satisfactory resolution can be particularly troublesome.

This essay argues that Hegel's discussion of the family in "The Ethical Order" section of Phenomenology of Spirit undermines the entire project of that text. Hegel's project demands that every element of consciousness be conceptualizable, and yet, woman, an essential unconscious element of consciousness, is in principle unconceptualizable. The end of the essay attempts to relate Hegel's discussion of the family to contemporary discussions of family values.

In this discussion I argue that Peter Sullivan is wrong to suggest that Wittgenstein's position in the Philosophical Investigations involves a commitment to transcendental idealism. I show that Sullivan's interpretation involves holding that transcendental idealism was employed by Wittgenstein in the attempt to combat a Platonist mythology. I show, through a detailed appraisal of Wittgenstein's discussion of samples, that Wittgenstein's approach to Platonism does not involve any such employment of transcendental idealism. I conclude that there is no such motivation as (...) Sullivan finds in Wittgenstein for endorsing transcendental idealism, and that we ought not, therefore, ascribe to him such a view. (shrink)

Machine learning operates at the intersection of statistics and computer science. This raises the question as to its underlying methodology. While much emphasis has been put on the close link between the process of learning from data and induction, the falsificationist component of machine learning has received minor attention. In this paper, we argue that the idea of falsification is central to the methodology of machine learning. It is commonly thought that machine learning algorithms infer general prediction rules from past (...) observations. This is akin to a statistical procedure by which estimates are obtained from a sample of data. But machine learning algorithms can also be described as choosing one prediction rule from an entire class of functions. In particular, the algorithm that determines the weights of an artificial neural network operates by empirical risk minimization and rejects prediction rules that lack empirical adequacy. It also exhibits a behavior of implicit regularization that pushes hypothesis choice toward simpler prediction rules. We argue that taking both aspects together gives rise to a falsificationist account of artificial neural networks. (shrink)

In this article I describe the contributions made by Samuel Alexander to the issue of relations which so vexed Bertrand Russell and F. H. Bradley in the late nineteenth and early twentieth centuries. I provide a novel understanding of Alexander’s position concerning relations and describe the way in which he viewed his position as superior to those of Bradley and Russell. I offer, therefore, a more complete picture of a philosophical debate central to the relevant period, through the introduction of (...) a third character whose views have been largely omitted from available narratives. (shrink)

Machine learning (ML) models recently led to major breakthroughs in predictive tasks in the natural sciences. Yet their benefits for the social sciences are less evident, as even high-profile studies on the prediction of life trajectories have shown to be largely unsuccessful – at least when measured in traditional criteria of scientific success. This paper tries to shed light on this remarkable performance gap. Comparing two social science case studies to a paradigm example from the natural sciences, we argue that, (...) in addition to explanation, prediction is an important goal of social science – and we identify constraints that impede pure ML prediction from being successful in that field. As a remedy, we outline elements of an integrative modelling approach that combines explanatory models and predictive ML models. (shrink)

Purpose This study aims to explore how health informatics can underpin the successful delivery of recovery-orientated healthcare, in rural and remote regions, to achieve better mental health outcomes. Recovery is an extremely social process that involves being with others and reconnecting with the world. Design/methodology/approach An interpretivist study involving 27 clinicians and 13 clients sought to determine how future expenditure on ehealth could improve mental health treatment and service provision in the western Murray Darling Basin of New South Wales, Australia. (...) Findings Through the use of targeted ehealth strategies, it is possible to increase both the accessibility of information and the quality of service provision. In small communities, the challenges of distance, access to healthcare and the ease of isolating oneself are best overcome through a combination of technology and communal social responsibility. Technology supplements but cannot completely replace face-to-face interaction in the mental health recovery process. Originality/value The recovery model provides a conceptual framework for health informatics in rural and remote regions that is socially responsible. Service providers can affect better recovery for clients through infrastructure that enables timely and responsive remote access whilst driving between appointments. This could include interactive referral services, telehealth access to specialist clinicians, GPS for locating clients in remote areas and mobile coverage for counselling sessions in “real time”. Thus, the technology not only provides better connections but also adds to the responsiveness of any treatment available. (shrink)

Although much of the growing literature on organizational identity implicitly recognizes the normative nature of identity, the ethical implications of organizational identity work and talk have not yet been explored in depth. Working from a meta-ethical perspective, we claim that the dynamic, processual, and temporal activities recently associated with organizational identity always have an ethical dimension, whether "good" or "bad." In order to describe the ethical dimensions of organizational identity, we introduce the balance theory of practical wisdom as a theoretical (...) framework, and connect this theory to existing organizational identity concepts. We present an empirical case focused on an international paint company to illustrate the relevance of this theory for empirical organizational identity research. Our intention is to expand existing theory by bringing an aspect of organizational identity that has been tangentially acknowledged to the forefront, and by identifying it as a fruitful avenue for future theory development as well as empirical research. (shrink)

A key factor for the acceptance of robots as regular partners in human-centered environments is the appropriateness and predictability of their behaviors, which depend partially on the robot behavior’s conformity to social norms. Previous experimental studies have shown that robots that follow social norms and the corresponding interactions are perceived more positively by humans than robots or interactions that do not adhere to social norms. However, the conducted studies only focused on the effects of social norm compliance in specific scenarios. (...) Therefore, this paper aims to guide further research studies by compiling how researchers in relevant research fields think the perception of robots and the corresponding interactions are influenced independently of a specific scenario if a robot’s behavior conforms to social norms. Additionally, this study investigates what characteristics and metrics constitute a good general benchmark to objectively evaluate the behavior of social robots regarding its conformity to social norms according to researchers in relevant research communities. Finally, the paper summarizes how the obtained results can guide future research toward socially aware robot behavior. (shrink)

ArgumentDiscussions of the scientific uses of moving-image technologies have emphasized applications that culminated in static images, such as the chronophotographic decomposition of movement into discrete and measurable instants. The projection of movement, however, was also an important capability of moving-image technologies that scientists employed in a variety of ways. Views through the microscope provide a particularly sustained and prominent instance of the scientific uses of the moving image. The category of “education” subsumes theses various scientific uses, providing a means by (...) which to bridge the cultures of scientific and popular scientific moving images. (shrink)

In my contribution, I aim at introducing ‘postphenomenology’ to the Germandebate. Postphenomenology is a philosophical approach developed by the U.S.-American philosopher Don Ihde, and currently intensively discussed and further developed within a lively international community. I will pay special attention to Don Ihde’s adaptation of ‘classical’ phenomenology. Ihde himself draws on Husserl, Merleau-Ponty, and Heidegger, transforming their phenomenology into a modified ‘hybrid’ phenomenology that primarily focuses on the technical mediation of our self- and world-relation. Against this background, I describe four (...) basic assumptions of the postphenomenological methodology (such as the new configuration of ‘subject’ and ‘object’). Furthermore, I introduce and discuss Ihde’s (inter)relational ontology, including his distinction between ‘embodiment relations’, ‘hermeneutic relations’, ‘alterity relations’, and ‘background relations’. And finally, I ask whether it could be a problem of this approach when postphenomenology provides highly interesting descriptions of human-technology engagements, but hardly develops perspectives of a critique of technology, so that ultimately a radical reflection of the ‘technological condition of our existence’ remains missing in this approach. (shrink)

El artículo pretende actualizar el “Humanismo Crítico” desde el legado de la Escuela de Frankfurt. En una primera parte argumenta que la “abolición del ser humano” es una tendencia real de nuestras sociedades acutales (1) y que esta tendencia se hace visible a través de una crítica comprometida de la “modernidad neoliberal” (2). En la segunda explica lo que se entiende aquí por “Humanismo Crítico”, tratando de una de las propuestas de definir este concepto más actuales (3) para después indicar (...) que el concepto tal como es usado aquí se orienta en las obras de la Escuela de Frankfurt de las cuales se discuten por razones de espacio solamente las de Max Horkheimer (4) y de Theodor W. Adorno (5). El argumento central del artículo es que desde la perspectiva de la Escuela de Frankfurt el compromiso con el Humanismo Crítico obliga a la práctica de la investigación social crítica. (shrink)