Humans have been using fire for hundreds of millennia, creating an ancestral expansion toward the nocturnal niche. The new adaptive challenges faced at night were recurrent enough to amplify existing psychological variation in our species. Night-time is dangerous and mysterious, so it selects for individuals with higher tendencies for paranoia, risk-taking, and sociability. During night-time, individuals are generally tired and show decreased self-control and increased impulsive behaviors. The lower visibility during night-time favors the partial concealment of identity and opens (...) more opportunities for disinhibition of self-interested behaviors. Indeed, individuals with an evening-oriented chronotype are more paranoid, risk-taking, extraverted, impulsive, promiscuous, and have higher antisocial personality traits. However, under some circumstances, such as respiratory pandemics, the psychobehavioral traits favored by the nocturnal niche might be counter-productive, increasing contagion rates of a disease that can evade the behavioral immune system because its disease cues are often nonexistent or mild. The eveningness epidemiological liability hypothesis presented here suggests that during the COVID-19 pandemic, the evening-oriented psychobehavioral profile can have collectively harmful consequences: there is a clash of core tendencies between the nocturnal chronotype and the recent viral transmission-mitigating safety guidelines and rules. The pandemic safety protocols disrupt much normal social activity, particularly at night when making new social contacts is desired. The SARS-CoV-2 virus is contagious even in presymptomatic and asymptomatic individuals, which enables it to mostly evade our evolved contagious disease avoidance mechanisms. A growing body of research has indirectly shown that individual traits interfering with social distancing and anti-contagion measures are related to those of the nocturnal chronotype. Indeed, some of the social contexts that have been identified as superspreading events occur at night, such as in restaurants, bars, and nightclubs. Furthermore, nocturnal environmental conditions favor the survival of the SARS-CoV-2 virus much longer than daytime conditions. We compare the eveningness epidemiological liability hypothesis with other factors related to non-compliance with pandemic safety protocols, namely sex, age, and life history. Although there is not yet a direct link between the nocturnal chronotype and non-compliance with pandemic safety protocols, security measures and future empirical research should take this crucial evolutionary mismatch and adaptive metaproblem into account, and focus on how to avoid nocturnal individuals becoming superspreaders, offering secure alternatives for nocturnal social activities. (shrink)

This paper focuses on the role of culpability in determining the degree of liability to defensive harm, and asks whether there are any restrictions on when culpability is relevant to liability. A natural first suggestion is that it is only relevant when combined with an actual threat of harm in the situation in which defensive harm becomes salient as a means of protection. The paper begins by considering the question of whether two people are equally liable to defensive (...) harm in a situation if both culpably intend to harm another, but due to circumstances outside the control of the two people only one has a chance of succeeding in causing harm. I argue that there is no difference in liability between the two. I then turn to a kind of slippery slope challenge that accepting this conclusion would lead to a vast over-inclusiveness in those liable to defensive harm, and consider a recent attempt at meeting it that requires that a person’s culpability can only affect liability if it concerns the very situation in which defensive harm is relevant. Finally, I put forward and assess a new way of meeting the challenge that appeals to a particular conception of culpability together with auxiliary theses concerning how culpability can decrease over time, among others. (shrink)

This article considers the question of whether a landowner should be responsible for nuisance behaviour which is committed by other people from his land. Recent years have seen a number of cases being brought, particularly against local authority landlords, as victims of nuisance try to get someone to do something about the problem. The case law is somewhat mixed on this and the courts have shown a readiness to apply the approach followed in the more traditional nuisance cases involving pollution (...) and physical damage to respond to the problem. This response fails to take account of the fact that the nuisance creators are autonomous persons and does not explain why the responsibility for controlling them should be thrust on the landowner. In place of this it is argued that a landowner should be accountable only if he has authorized the bad behaviour or if he owes a duty to protect the victim from harm. (shrink)

This essay applies Hegel's theory of remedies to the question of whether and when breach of a penal statute should attract civil liability in tort. For Hegel, the purpose of a remedy is to vindicate the human right to self-determination by refuting the claim to validity implied in intentional or negligent acts that infringe this right. Accordingly, in determining the civil effect of legislation, a distinction must be made between statutes that effectuate pre-existing rights and those which create new (...) rights in the attempt to maximize aggregate welfare. The former should confer a civil right of action, the latter should not. Statutes that impose a duty of affirmative action should be enforced civilly if their purpose is to protect individual autonomy in circumstances where one person has gained control over the welfare of another. And statutes that protect persons from exposure to unreasonable risk should confer a civil right of action provided that the conditions of ordinary negligence liability are met. These conditions ought to supplant those connected with the legislative intent theory of statutory torts. (shrink)

Jonathan Quong argues for the “moral status” account of defensive liability. According to the moral status account, what makes it the case that assailants lack rights against the imposition of defensive violence on them is that they are treating defenders as if those defenders lack rights against the imposition of aggressive violence on them. This “as if” condition can be met in some situations in which one person, A, commands very good but factually inaccurate evidence that another (...) class='Hi'>person, B, poses a lethal danger to her. In this “Mistaken Attacker” case, A will be entirely blameless. Nonetheless, A is defensively liable, because A assumes that B is defensively liable despite the fact that B is not defensively liable. In other cases, A may threaten B, who is innocent and hence defensively non-liable, without treating B as if B lacks rights. For example, in the “Conscientious Driver” case, A may have lost control of her car, having taken all due precautions, and be posing a lethal threat to an innocent pedestrian, B, but A is not treating B as if B lacks rights because B’s interests have already been taken fully into account in arriving at the verdict that careful driving is morally permissible. In this paper, I explore and criticize Quong’s account. I argue that the distinctions Quong draws between Conscientious Driver and Mistaken Attacker cannot be sustained in ways that uphold the moral status account, and I suggest that the moral status account’s focus on the “as if” condition is morally undermotivated. The drift of my argument is that we should take much more minimal accounts of defensive liability more seriously than we typically do. (shrink)

The article shows where the argument of responsibility-gap regarding brain-computer interfaces acquires its plausibility from, and suggests why the argument is not plausible. As a way of an explanation, a distinction between the descriptive third-person perspective and the interpretative first-person perspective is introduced. Several examples and metaphors are used to show that ascription of agency and responsibility does not, even in simple cases, require that people be in causal control of every individual detail involved in an event. (...) Taking up the current debate on liability in BCI use, the article provides and discusses some rules that should be followed when potentially harmful BCI-based devices are brought from the laboratory into everyday life. (shrink)

Robots are now associated with various aspects of our lives. These sophisticated machines have been increasingly used in different manufacturing industries and services sectors for decades. During this time, they have been a factor in causing significant harm to humans, prompting questions of liability. Industrial robots are presently regarded as products for liability purposes. In contrast, some commentators have proposed that robots be granted legal personality, with an overarching aim of exonerating the respective creators and users of these (...) artefacts from liability. This article is concerned mainly with industrial robots that exercise some degree of self-control as programmed, though the creation of fully autonomous robots is still a long way off. The proponents of the robot’s personality compare these machines generally with corporations, and sporadically with, inter alia, animals, and idols, in substantiating their arguments. This article discusses the attributes of legal personhood and the justifications for the separate personality of corporations and idols. It then demonstrates the reasons for refusal of an animal’s personality. It concludes that robots are ineligible to be persons, based on the requirements of personhood. (shrink)

On Jeff McMahan's influential ‘responsibility account’ of moral liability to defensive killing, one can forfeit one's right not be killed by engaging in an ordinary, morally permissible risk-imposing activity, such as driving a car. If, through no fault of hers, a driver's car veers out of control and toward a pedestrian, the account deems it no violation of the driver's right to save the pedestrian's life at the expense of the driver's life. Many critics reject the responsibility account (...) on the grounds that, first, it has draconian implications for threateners like the driver, and second, it contravenes the plausible principle that wronging one's victim is necessary for forfeiting one's rights. But I argue, drawing on the account's luck-egalitarian underpinnings, that the account lacks the draconian implications widely attributed to it, and contrary to what many assume, wrongdoing is unnecessary for rights-forfeiture. Via these arguments, I seek both to deepen our understanding of the responsibility account, and to reissue it in a more plausible and attractive form. (shrink)

Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...) But not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embed in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally permitted and morally just. (shrink)

Once upon a time, they managed to bring Neverland into the bedrooms; they were seen as the heroes of a new era. However, as heroes always tend to walk a fine line between good and evil, it does not come as a surprise that a decade later the perception has dramatically changed; the fairy tale turned into a nightmare. Are Internet Service Providers (ISPs) no more than data-guzzling monsters that need to be tamed? In November, the European Commission published a (...) “Comprehensive approach on personal data protection in the European Union” which seems to nod approval. The approach seeks to strengthen the individual’s rights regarding the use of data by ISPs. The Commission notes that children deserve specific protection in this context due to the fact that their awareness of risks and consequences is usually underdeveloped. Both a general principle of transparent processing and specific obligations for data controllers regarding the type of information to be provided and the modalities for providing it had to be taken into account. Not only legal but also self-regulatory initiatives should contribute to a better enforcement of data protection rules. This approach is both applauded and heavily criticized by the European Data Protection Supervisor. In particular, he argues that children’s particular interests have not been sufficiently addressed presenting a long list of suggestions for improvement including specific provisions against behavioral advertising, the exclusion of some data categories, an age threshold or special requirements on the issue of informed consent and a reinforcement of data controllers’ accountability. Is there really a need for a new magic formula? This paper reviews the current options for addressing the challenges of the use of personal data of minors by ISPs. (shrink)

Book reviewed in this article: Philosophy in Medicine: Conceptual and Ethical Problems in Medicine and Psychiatry. By Charles M. Culver and Bernard Gert. Psychiatric Ethics. Edited by Sidney Block and Paul Chodoff. Man, Mind, and Morality: The Ethics of Behavior Control. By Ruth Macklin.

The Institute of Medicine has returned the problem of medical error to the top of the health-care agenda. Its report that 44,000 to 98,000 patients die each year as a result of medical errors in American hospitals has renewed scholarly interest in health system quality control. In To Err Is Human, the IOM provides a vivid picture of a health-care system riven with serious quality problems. It calls for systems-based error-reduction methods borrowed from other high-risk industries and forcefully argues (...) against the traditional tendency to assign accountability primarily to individual physicians. Most errors, the IOM argues, can be successfully addressed by engineering systemic fail-safe protections against the inevitable failings of human actors. (shrink)

The design of collaborative robotics, such as driver-assisted operations, engineer a potential automation of decision-making predicated on unobtrusive data gathering of human users. This form of ‘somatic surveillance’ increasingly relies on behavioural biometrics and sensory algorithms to verify the physiology of bodies in cabin interiors. Such processes secure cyber-physical space, but also register user capabilities for control that yield data as insured risk. In this technical re-formation of human–machine interactions for control and communication ‘a dissonance of attribution’ :7684, (...) 2019. https://doi.org/10.1073/pnas.1805770115) is created between perceptions of phenomena, materials and decision-making. This reconfigures relations not only between humans and machines, objects and subjects, but possibly disrupts attributive functions in the social system of Law. What it requires is shifting a legal accountability for action from a sovereignty of the human to a new materialist account based on a ‘cognitive assemblage’ between physiological data, computation and algorithmic sensing. This paper investigates the function of law as a guidance system to acknowledge this account of sensory and algorithmic computation as autonomous ‘sensing agents’ that may be accountable in situations of risk. This assemblage of robotic computation and sensory determination requires a clearer legal differentiation across the current static terminologies of person, property, liability and rights that maintain strict separations of object from subject. To neglect this, we argue, law will solely impute attributions of error to humans despite evidence of operation via mutual control. (shrink)

A person drives her well‐maintained car cautiously and alertly to the movies. Freak circumstances send the car out of control. It veers in the direction of a pedestrian whom it will kill unless she, or a third party, blows it up with a grenade. Whether the driver is liable to be thusly killed polarizes debates about the ethics of self‐defense. But debaters frequently conflate the questions of whether and by what means the driver is liable to be killed. (...) The paper separates these questions: it argues the driver's liability to lethal harm need not entail her liability to the grenade. (shrink)

The paper explores the role of good faith within the traditional theory of fiduciary duty in the lead-up of the Delaware Supreme Court’s Stone ex-rel. AmSouth Bancorporation v. Ritter decision. The enforcement of the director’s liability is discussed concerning the doctrinal controversies concerning inter alia, the reach of the exculpation statute passed after the Smith v Van Gorkon holding. The paper also analyzes the conditions that a Plaintiff must survive a motion to dismiss a claim of director liability; (...) the appropriate standard of review for alleged duty of liability breaches, and the role of good faith within the overall triad of traditional fiduciary responsibilities. Over a decade after this landmark case was decided, there is value in reconsidering whether the Stone judgment lived up to the promise of the Caremark holding and its reformulation of good faith as a judicial device for evaluating director liability in contexts that not do easily fit with the traditional doctrines of duty of care and loyalty. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Psychopathy, Other-Regarding Moral Beliefs, and ResponsibilityLloyd Fields (bio)AbstractIn this paper I seek to show that at least one kind of psychopath is incapable of forming other-regarding moral beliefs; hence that they cannot act for other-regarding moral reasons; and hence that they are not appropriate subjects for the assessment of either moral or legal responsibility. Various attempts to characterize psychopaths are considered and rejected, in particular the widely held view (...) that psychopaths are, in general, incapable of understanding moral concepts. The particular disability proposed here, the incapacity to form other-regarding moral beliefs, is then derived from an analysis of what is required for someone to be a responsible agent. This is illustrated with a detailed case history. A defect of this kind is shown to vitiate moral responsibility, because it renders the psychopath irresponsive to the social pressures which normally ensure respect for moral norms. It is also shown that the psychopath is not a suitable subject for the assessment of legal responsibility, because he lacks the capacity to act from common prudence to avoid sanctions. I conclude that the attempt to characterize particular defects from among the heterogeneity of psychopathic subjects, could lead to better targeted, and hence to more effective, management of particular cases.KeywordsCriminality, mental illness, personality disorder, blame, liability, moral beliefs, guilt, social moralityIntroductionThe term “psychopath” has been used with a wide variety of different meanings and, no doubt, covers a heterogeneous group of subjects (Criminal behaviour and mental health 1992). My aim in this paper is to argue that at least a subgroup of those subjects are characterized by an inability to form other-regarding moral beliefs—and hence, for this particular reason, are not morally responsible agents—and that they also lack the capacity for prudence, and hence are not legally responsible agents.I begin by distinguishing the particular sense in which I will be using the term “psychopathy.” I then consider some suggestions in the literature regarding the defect by which psychopaths might be characterized—that they are mentally ill, or incapable of understanding moral concepts. In rejecting these, I come to the suggestion that the relevant defect is an inability to form other-regarding moral beliefs, a defect which is graphically illustrated by a case report from the literature. I explore the implication of this kind of defect for [End Page 261] moral responsibility as a socially-embedded notion, and the implication of the psychopath’s inability to exercise prudence in relation to legal liability.Nothing in this paper should be taken to suggest that psychopaths are irredeemable. On the contrary, as I argue in an endnote, correctly characterizing the defect from which they suffer leads directly to forms of treatment whose effectiveness has acquired a measure of empirical support.The Nature of PsychopathyPsychopathy is not a homogeneous concept; there are different types of psychopaths. For example, Henderson identified a type of psychopath who he classified as “Predominantly Creative,” exemplified by such figures as T. E. Lawrence and Joan of Arc. In people of this type genius is associated with heightened sensitivity, psychosexual immaturity and emotional instability (Henderson 1939, 108–20; Henderson and Gillespie 1969, 317). Predominantly creative psychopaths do not come within my purview.By “psychopathy” I shall mean the specific form of personality disorder described by Cleckley in his book, The Mask of Sanity (Cleckley 1964). Cleckley’s description forms the basis of Hare’s Revised (20-item) Psychopathy Checklist. The Checklist includes the following personality traits and deviant behaviors:1. Glibness/superficial charm.2. Grandiose sense of self-worth.3. Need for stimulation/proneness to boredom.4. Pathological lying.5. Conning/manipulative.6. Lack of remorse or guilt.7. Shallow affect.8. Callous/lack of empathy.9. Parasitic lifestyle.10. Poor behavioral controls.11. Promiscuous sexual behavior.12. Early behavior problems.13. Lack of realistic, long-term plans.14. Impulsivity.15. Irresponsibility.16. Failure to accept responsibility for own actions.17. Many short-term marital relationships.18. Juvenile delinquency.19. Revocation of conditional release.20. Criminal versatility (Hare 1986, 18). 1This conceptualization resembles in many respects the category of Antisocial Personality Disorder as described in the American Psychiatric... (shrink)

This essay attempts to develop an account of the abilities which free action involves. I argue that the notion of ability which is especially relevant for the purpose of understanding free action is correctly given a compatibilist interpretation. More importantly, it turns out that persons who act freely have the ability to do otherwise than they do. Acting with the ability to do otherwise is not a distinctive mark of free action, however, since anyone who merely acts intentionally possesses that (...) ability. The central idea of this essay emerges as a result of this conclusion: I suggest that we will better understand free action if we abandon the traditional emphasis on free agents' ability to do otherwise and look instead to their ability to criticize courses of action in light of applicable normative standards. ;This suggestion yields two conditions of freedom. The first is that persons act freely only if they competently criticize the courses of action they perform or have control over their failure to do so. The second condition states that persons act freely only if they have control over whether or not they act as they do. They have this control just in case their conduct is counterfactually controllable through certain practical judgments they might arrive at were they to reflect critically on their actions. ;The first condition of freedom is particularly interesting because it shows freedom of action to be a normative notion. The second condition and the accompanying account of control are of especial interest in virture of the challenges which the possibilities of overdetermined action and weak-willed action pose for them. I use the notion of linked counterfactual dependence to address the challenge of overdetermination. The necessarily exceptional character of weak-willed action allows my account to distinguish weakness of will from psychological compulsion. ;I further propose that the two conditions of freedom afford a fruitful characterization of responsibility as liability to one sort of criticism. (shrink)

This dissertation is a philosophical contribution to the theories on trust and on risk communication. The importance of trust in risk communication has been argued for and empirically studied since the 80s. However, there is little agreement on the notion of trust and the precise function of trust. This thesis sets out to study both aspects from a philosophical point of view. The dissertation consists of five essays and an introduction. Essay I is a comment on risk perception theory and (...) the psychometric model in particular. The essay argues that sometimes individuals take risks simply because they are in a vulnerable position and have no other choice. Four factors are identified as crucial in risks from vulnerability: poor outset conditions, lack of reasonable options, hope and liability to disinformation. Essay II addresses the democratic approach to risk communication and the ideal of risk communication as a dialogue between more or less equal stakeholders. The essay develops a typology of different risk communication practices and influence distributions and concludes that the form of risk communication most commonly referred to in the literature is of the most imbalanced kind where all three types of influence falls to the same party. Essay III argues that trust can be understood as comfortable defocusing. Trust as comfortable defocusing means that when a person trusts, he or she is comfortable with letting certain things be in the hands or in the control of the trusted other. Departing from this idea a definition of trust is proposed consisting of three elements: the truster’s comfortable defocusing from the trusted person’s part of caring for X, based on a belief about the trusted person’s care for X, concerning something of concern to the truster. Essay IV explores the concept of trustworthiness and under which conditions trust can be betrayed in a morally justified way. It is argued that two aspects are essential for every reasonable notion of trustworthiness: reliability in terms of commitment to trust and predictability in terms of compliance with norms. In order to be untrustworthy in a morally justified way two major conditions need to be fulfilled: first, what is expected from the trustee needs to be either immoral or part of an ongoing immoral or unjust relationship between truster and trustee and, secondly, the trustee must not be in a position to explicitly reject trust. Essay V examines two of the most employed distinctions within the trust literature, that of trust/confidence and of trust/reliance. These distinctions are evaluated against a set of five criteria. It is argued that both these distinctions are employed to cover several distinguishing properties, thus adding to conceptual confusion. (shrink)

In The Rules of Insanity, Carl Elliott draws on philosophy and psychiatry to develop a conceptual framework for judging the moral responsibility of mentally ill offenders. Arguing that there is little useful that can be said about the responsibility of mentally ill offenders in general, Elliott looks at specific mental illnesses in detail; among them schizophrenia, manic-depressive disorders, psychosexual disorders such as exhibitionism and voyeurism, personality disorders, and impulse control disorders such as kleptomania and pyromania. He takes a particularly (...) hard look at the psychopath or sociopath, who many have argued is incapable of understanding morality. Making extensive use of psychiatric case histories, Elliott explores the various ways in which mental illness can affect a person's intentions and thus excuse him or her from moral responsibility. (shrink)

The foreskin is a complex structure that protects and moisturizes the head of the penis, and, being the most densely innervated and sensitive portion of the penis, is essential to providing the complete sexual response. Circumcision—the removal of this structure—is non-therapeutic, painful, irreversible surgery that also risks serious physical injury, psychological sequelae, and death. Men rarely volunteer for it, and increasingly circumcised men are expressing their resentment about it.Circumcision is usually performed for religious, cultural and personal reasons. Early claims about (...) its medical benefits have been proven false. The American Academy of Pediatrics and the Centers for Disease Prevention and Control have made many scientifically untenable claims promoting circumcision that run counter to the consensus of Western medical organizations.Circumcision violates the cardinal principles of medical ethics, to respect autonomy, to do good, to do no harm, and to be just. Without a clear medical indication, circumcision must be deferred until the child can provide his own fully informed consent.In 2012, a German court held that circumcision constitutes criminal assault. Under existing United States law and international human rights declarations as well, circumcision already violates boys› absolute rights to equal protection, bodily integrity, autonomy, and freedom to choose their own religion. A physician has a legal duty to protect children from unnecessary interventions. Physicians who obtain parental permission through spurious claims or omissions, or rely on the American Academy of Pediatrics' position, also risk liability for misleading parents about circumcision. (shrink)

The essence of the moral luck question is whether the responsibility of persons is determined only in light of actions that are within their control or also in light of factors, such as the consequences of their actions, which are beyond their control. Most people seem to have contrasting intuitions regarding this question. On the one hand, there is a common intuition that the responsibility of persons should be judged only in light of what is within their (...) class='Hi'>control. On the other hand, there is a strong intuition that the consequences of actions sometimes affect the responsibility of agents even when these consequences depend on factors that are beyond their control. A parallel dilemma is present in the law. Legal rules, particularly criminal law rules and tort rules, often differentiate between agents in light of factors that are beyond their control, and in this sense involve legal luck. Of course, factors beyond the control of persons, including the consequences of their actions, can be significant, with respect to the evaluation of the responsibility of persons for instrumental or epistemic reasons. The question is thus only with respect to the independent significance of factors beyond the control of agents, and particularly the consequences of actions, to the evaluation of the (extent of the) responsibility of agents. Benjamin Zipursky offers an interesting argument in order to support the intuition in favor of moral and legal luck, particularly with regard to consequences, especially the rule according to which the punishment of completed offences is more severe than the punishment of attempts and the rule that tort liability applies only to actions that have caused harm. The aim of this Comment is to evaluate this argument. I will try to consider to what extent Zipursky's explanation merely reiterates the familiar intuition that the normative evaluation of the conduct of persons should be influenced by consequential luck, and to what extent it provides new insights that might appeal also to those who are more forcefully drawn to the contrasting intuition that we should judge people only in light of factors that are within their control. I argue that while Zipursky's suggestions might appeal to those who already share the intuition in favor of (consequential) moral and legal luck, they would not convince those who have doubts regarding moral and legal luck. (shrink)

Prospective ascription of responsibility is hypothetical, commonly noting or setting conditions for critical judgment or liability if some event occurs or fails to occur, thus determining vulnerability to retrospective judgments. Prospective liabilities can be classified by source, by type or degree (if any) of accompanying control, and by structure or stages.But not all prospective responsibility can be understood in terms of liability. Actual or de facto control over X and/or responsibility for Y (persons, animals, inanimate things, (...) etc.), though they may involve prospective liabilities, may not be responsibilities to any person in particular. Such responsibilities may be called responsibilities in rem and distinguished from those assignable to persons (responsibilities in personam).Though prospective responsibility judgments often provide the most important grounds for retrospective judgments, if the concern is with the meaning of responsibility judgments, retrospective responsibility judgments are more basic. For, while we can understand retrospective judgments even though we know nothing of prospective ones, the opposite is not true. (shrink)

(2004). ‘Flexible Control’: Towards a conception of personal autonomy for postmodern education. Educational Philosophy and Theory: Vol. 36, No. 1, pp. 3-17.

Self-regulatory processes have predominantly been linked to the study of academic achievement in terms of learning behavior, cognitive engagement, and specific academic performance measures. If poorly regulated, academic behavior can have repercussions on social adaptation. Motivational processes constitute the other key element in ensuring successful regulation, as studies indicate that self-regulation can effectively influence achievement outcomes if learners have positive beliefs about their personal ability to negotiate difficulties and work towards the desired learning outcomes. This book takes a critical look (...) at the role of self-regulatory processes and personal agency beliefs in academic and social self-regulatory functioning, providing the reader with theoretical understanding of the issues and lending empirical support to the relevance of these processes in the East Asian educational context. In this way, the study explores the extent to which self-regulation and personal agency beliefs can offer an alternative explanation for the academic performance of students. (shrink)

Online personalized genetic testing services offer accessible and convenient options for satisfying personal curiosity about health and obtaining answers about one’s genetic provenance. They are especially attractive to healthy people who wish to learn about their future risk of disease, as Paul Mason’s case study of “Jordan” illustrates. In this response, we consider how online genetic testing services are used by people diagnosed with a common neurodegenerative disease, Parkinson’s disease, to gain a sense of certainty regarding the future.

Brain-Computer Interface (BCI) research and (future) applications raise important ethical issues that need to be addressed to promote societal acceptance and adequate policies. Here we report on a survey we conducted among 145 BCI researchers at the 4th International BCI conference, which took place in May–June 2010 in Asilomar, California. We assessed respondents’ opinions about a number of topics. First, we investigated preferences for terminology and definitions relating to BCIs. Second, we assessed respondents’ expectations on the marketability of different BCI (...) applications (BCIs for healthy people, BCIs for assistive technology, BCIs-controlled neuroprostheses and BCIs as therapy tools). Third, we investigated opinions about ethical issues related to BCI research for the development of assistive technology: informed consent process with locked-in patients, risk-benefit analyses, team responsibility, consequences of BCI on patients’ and families’ lives, liability and personal identity and interaction with the media. Finally, we asked respondents which issues are urgent in BCI research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Business Managers in Ancient Rome: A Social and Economic Study of Institores, 200 B.C.–A.D. 250Nicholas K. RauhJean-Jacques Aubert. Business Managers in Ancient Rome: A Social and Economic Study of Institores, 200 B.C.–A.D. 250. Leiden, New York, and Köln: E. J. Brill, 1994. xvi + 520 pp. Cloth, Gld. 220, $125.75 (US). (Columbia Studies in the Classical Tradition, Volume XXI.)Aubert’s declared purpose in this study is to examine the (...) world of Roman business managers (institores)—their social background and status, their role as managers within business enterprises, and their ensuing relations with workers, entrepreneurs, suppliers, and customers. He pursues these themes through five chapters. Chapter 1, “Business Agents and Business Managers,” explores developments in the use and meaning of the term institor through the legal, literary, papyrological, and epigraphical source materials of Republican and Imperial Rome. Chapter 2, “Indirect Agency in Roman Law,” examines the evolution of the Roman laws of indirect agency (particularly the actiones adiecticiae qualitatis) from their inception through the classical jurists to show how Roman law was adjusted to accommodate the needs of the business community. Chapter 3, “Managers of Agricultural Estates,” traces the roots of the Roman system of indirect agency to the management of agricultural estates and to the exploitation of natural resources such as clay, quarries, and manufacturing activities on the Roman farmstead. Chapter 4, “Production and Distribution of Clay Artifacts,” examines the manager’s role in the organization of various types of workshops producing clay artifacts—bricks and tiles, amphoras, terra sigillata, and terracotta lamps—and the subsequent marketing of this production. Chapter 5, “Direct Management and Public Administration: Four Case Studies,” investigates how the vilicus-based system of management became adapted to four areas of [End Page 501] the economy and administration of the Roman empire—imperial tax collection (vectigalia), recreational facilities (including baths, libraries, theaters, amphitheaters, and circuses), the imperial communications system (roads, post, and transport services), and the imperial mint. This cursory outline of A.’s intentions serves to demonstrate the breadth and importance of the task he assumes. In my opinion he handles this with a tremendous degree of authority and even-handedness.A.’s overarching theses are 1) that indirect agency emerged through the increasing absentee management of Roman farm operations and the delegation of Roman estate management to the agent known as the vilicus, 2) that regardless of the type of industry, most managerial operations exploited the practical efficiency and accountability of this vilicus-based system, and 3) that overall developments in Roman business management progressed from a more restrictive reliance on agents directly subservient to the entrepreneur (generally young slaves or family members under the direct potestas of the proprietor) to a more liberal reliance on managers enjoying looser personal connections—freedmen, servi alieni, and freeborn nonrelatives whose services were ensured by the terms of consensual contracts. One of the main points of the first chapter, for example, is the limited quantity of information there is available for institores and the generally derogatory tone it bears. We learn later on that institores were, in fact, relatively few in number and ill-liked precisely because they were so independent (175), and that far more business managers are recorded as vilici precisely because entrepreneurs could more firmly control them.A. argues that due to its extreme formalism rooted in the archaic period, Roman law lacked the concept of direct agency, and that the praetor responded to the needs of businesspeople by creating a legal system based on existing structures of Roman society (slavery and family) with advantages similar to those direct agency could otherwise have offered. With respect to the vilicus-based managerial system this was achieved through the legal fiction of the peculium, “the juristic existence of fictitious assets pertaining de facto to the dependent, but belonging de iure to the principal” (65). Terms of employment and guarantees of liability were inherently trickier for nondependent business agents and evolved during the second and first centuries b.c. through increased reliance on formulary procedure, and particularly through the development of consensual agreements. In this regard A. stresses the importance of the emergence of the... (shrink)

In recent decades, Asian subsidiaries of Japanese manufacturing multi-national enterprises (MNEs) have faced heightened competitions from local firms to underscore the strategic importance of developing competent “host country nationals” (HCNs) to overcome their liability of foreignness. In addition, in recent literature on global MNEs, the importance of “boundary spanners” (BSs) has been pointed out in facilitating knowledge sharing across intra-organizational boundaries. Given these discussions, this study focuses on an interesting contingent relationship in the role of BSs observed in author’s (...) interviews. i.e., In cases of “bad BSs,” “knowledge appropriation” can take place where newly promoted HCNs would monopolize their knowledge and information, and the mitigating processes of notion gap problem in grey areas management are heavily stagnated. Whereas in cases of “good BSs,” “knowledge sharing” would take place where newly promoted HCNs would be willing to share them with other members, and the mitigating processes of the notion gap problem are steadily progressed. The study proposes a framework illustrating conditions under which HCNs choose knowledge sharing over appropriation. The analysis identifies two key factors influencing this choice: dependence on personal skills and prospects for growth opportunities. The findings suggest a dynamic relationship where knowledge sharing leads to effective control and efficient knowledge transfer, fostering virtuous cycles, while knowledge appropriation results in inefficiencies, creating vicious cycles. The study calls for further research on dynamic aspects of this contingent relationship and suggests practical strategies for shifting from knowledge appropriation to sharing, thereby enhancing organizational performance in foreign subsidiaries. (shrink)

Parallel moral luck problems exist in three different normative domains: criminal law, tort law, and conventional moral thinking. In all three, the normative status of an actor’s conduct seems to depend on matters beyond the actor’s control. Criminal law has historically imposed greater punishment on the murderer who kills his intended victim than on the identically behaved would-be murderer whose shot fortuitously misses. Tort law imposes liability on the negligent driver who injures someone, but no liability if, (...) through good fortune, the negligence injures no one. And, as BernardWilliams and Thomas Nagel have famously argued, conventional moral thinking often attributes greater blame to an actor for wrongful conduct if that conduct ripens into a terrible event than if it fortuitously causes no harm at all. This Article distinguishes two different dimensions of responsibility and then uses this distinction to explain the problem in all three areas. One dimension is called "fault-expressing responsibility": it is a matter of the degree to which one’s acts constitute conduct that can express one’s character or faultiness. A second dimension of responsibility is called "agency-linking responsibility." In this dimension, the degree to which a person is responsible for some event is dependent upon whether that event is an action of that person. Responsibility can differ in the agency-linking dimension even if it remains the same in the fault-expressing dimension. (shrink)

This dissertation is a defence of agent-regret and an exploration of its role in our lives. I argue that agent-regret shows that an agent takes seriously her status as an agent who impacts the world, but who only has fallible control over it. To accept responsibility for any outcomes, she must accept responsibility for unintended outcomes, too: agent-regret is part of being a human agent. In doing this, I try to defend and develop Williams’s own conception of agent-regret. -/- (...) In the first part, I explore the nature of agent-regret. Agent-regret is distinct from guilt because we can feel agent-regret without being at fault. I argue that several challenges that seek to reduce agent-regret to a form of guilt fail. I further argue that agent-regret takes as its object not only something one has done, but the fact that one did it; I discuss this in terms of what Bernard Williams called taking an “external” view on one’s own action. -/- I suggest that we can best understand the object of agent-regret as one’s responsibility for an outcome. I argue that this form of “responsibility” is conceptually separate from liability or answerability; it concerns whether the outcome can be ascribed to an agent. This is a restricted form of causal responsibility but retains its agential character. I suggest that we can be responsible for outcomes even when we did not intend to bring them about. -/- In the second part, I vindicate the propriety of agent-regret against the ideas that we are not responsible for unintended outcomes or that such responsibility is not important. I set out several challenges to this effect. I argue that we are responsible for unintended outcomes because in order to be responsible as agents at all, we must use fallible abilities. When we exercise these abilities but fail, we are responsible as agents for those unintended outcomes that arise. I then consider the importance of being responsible for particular unintended outcomes and analyse the idea that this affects our identities. I argue that responsibility for an outcome affects a form of identity, but that it does not involve essential features of a person. Instead, our responsibility for outcomes is a contingent feature that nonetheless plays an important role in our interpersonal interactions and self-conceptions. I argue that these reactions are appropriate, because our responsibility for particular outcomes is independently significant—but these reactions also lend this responsibility added significance as part of inescapable human practices. -/- Thus our responsibility for outcomes is important. Its importance means that it can serve as an appropriate object of agent-regret that vindicates the propriety of agent-regret. I end by considering several interesting features of agent-regret, including its expression and “pure” cases, which are cases where an agent feels agent-regret despite not regretting the result of her action. (shrink)

When the state buys and then provides to the citizens goods and services, the state may certainly choose to audit, independently and comprehensively, the quality of the goods and services so provided, particularly when citizens are reporting back that the goods or services are causing unwanted, deleterious effects. This principle applies to intellectual property -- information -- education -- as well as to other goods and services. In particular, it applies to the theory of evolution as taught by the state (...) in its schools, colleges, and universities. A substantial public has long expressed concern; and the state may properly respond to that concern. Naturally, the state would never allow the vendor of goods and services to dictate that only its employees, or others whom it effectively controls, may be allowed to conduct audits. Indeed, persons substantially subject to the control of the vendor are the last possible choices to serve as independent auditors. The conflict-of-interest is well-recognized regarding information and opinion services: a huge problem arose with the big national auditing firms when they also established management consulting divisions -- the auditors tended to report favorably about companies and projects on which their own management consultants were involved. Yet the science community quite bluntly and openly proclaims that only its members -- persons it controls -- may function as auditors of the quality of scientific statements and propositions. They do this by asserting that only scientists may declare what is, or is not, scientific. Now it may be true that within any company, only employees of that company may properly develop the products that the company sells, and only they may deliver the company's statements regarding the quality of its own products. But when a company sells its products outside of itself, to others, such as the government, it may not impose as a condition of sale that only its employees may continue to render opinions about the quality of the product. When the science community actively urges the government to take-up and re-distribute its product, it necessarily surrenders any claim to a monopoly over auditing the product. A difficulty of conducting truly independent audits of science product vended to the government for delivery to the people lies in the fact that to-date, there is no systematic program of developing and training people to serve as such independent auditors. The closest group of people to rely on for this would be lawyers who, in litigation, have developed the ability to cross-examine expert witnesses in cases such as patent cases, or product-liability cases, or other litigations that involve expert testimony in advanced academic fields. This paper outlines a program by which states can conduct appropriate independent audits of evolution as vended to the state by the science community. (shrink)

Previous studies linking personality and social integration with religiosity conflate the weakly religious with the completely nonreligious, and religious belief with group membership, leading to spurious associations. The present study characterizes the growing nonreligious population by comparing church and secular group members on personality characteristics and social integration. Although church members were higher in Agreeableness, Conscientiousness, and perceived social support, these differences were largely eliminated when controlling for demographics and group attendance. Secular group members were higher on Intellect/Openness. Many previously (...) reported characteristics associated with religiosity are a function not of belief itself, but of strong convictions and group identification. (shrink)

Artificial intelligence (AI) is one of the main drivers of what has been described as the “Fourth Industrial Revolution”, as well as the most innovative technology developed to date. It is a pervasive transformative innovation, which needs a new approach. In 2017, the European Parliament introduced the notion of the “electronic person”, which sparked huge debates in philosophical, legal, technological, and other academic settings. The issues related to AI should be examined from an interdisciplinary perspective. In this paper, we (...) examine this legal innovation—that has been proposed by the European Parliament—from not only legal but also technological points of view. In the first section, we define AI and analyse its main characteristics. We argue that, from a technical perspective, it appears premature and probably inappropriate to introduce AI personhood now. In the second section, justifications for the European Parliament’s proposals are explored in contrast with the opposing arguments that have been presented. As the existing mechanisms of liability could be insufficient in scenarios where AI systems cause harm, especially when algorithms of AI learn and evolve on their own, there is a need to depart from traditional liability theories. (shrink)

Exploring illusions of control in a wide variety of domains, the authors posit a practical way to minimize negative consequences.

Successful technologies’ ubiquity changes uses, users and ethicolegal responsibilities and duties of care. We focus on dementia to review critically ethicolegal implications of increasing use of social networking sites (SNS) by those with compromised decision-making capacity, assessing concerned parties’ responsibilities. Although SNS contracts assume ongoing decision-making capacity, many users’ may be compromised or declining. Resulting ethicolegal issues include capacity to give informed consent to contracts, protection of online privacy including sharing and controlling data, data leaks between different digital platforms, and (...) management of digital identities and footprints. SNS uses in healthcare raise additional issues. Online materials acting as archives of ‘the self’ bolster present and future identities for users with compromised capacity. E-health involves actual and potential intersection of data gathered for the purpose of delivering health technological support with data used for social networking purposes. Ethicolegal guidance is limited on the implications of SNS usage in contexts where users have impaired/reduced capacity to understand and/or consent to sharing personal data about their health, medication or location. Vulnerable adults and family/carers face uncertainty in regard to consent, data protection, online identity and legal liabilities. Ethicolegal responsibilities and duties of care of technology providers, healthcare professionals, regulatory bodies and policymakers need clarification. (shrink)

In “Bioethics and the Moral Authority of Experience,” Ryan Nelson et al. (2022) argue that personal experience can simultaneously be an asset and a liability in the practice of bioethics and medici...

Repositories of tissues, cell lines, blood samples, and other biological specimens are crucial to genomics, proteomics, and other emerging forms of biomedical research. Creation of these repositories by individual researchers and their affiliated organizations, commercial entities, and even governments has been labeled “biobanking” in the bioethics literature. Biobanking as a metaphor for the collection, transfer, and use of these specimens suggests a framework for the legal response to conflicts that may arise - one embedded in principles of contract law and (...) property ownership with an overlay of legislatively authorized regulation of the “industry.”. (shrink)

The human mind is extraordinary in its ability not merely to respond to events as they unfold but also to adapt its own operation in pursuit of its agenda. This ‘cognitive control’ can be achieved through simple interactions among sensorimotor processes, and through interactions in which one sensorimotor process represents a property of another in an implicit, unconscious way. So why does the human mind also represent properties of cognitive processes in an explicit way, enabling us to think and (...) say ‘I’m sure’ or ‘I’m doubtful’? We suggest that ‘system 2 metacognition’ is for supra-personal cognitive control. It allows metacognitive information to be broadcast, and thereby to coordinate the sensorimotor systems of two or more agents involved in a shared task. (shrink)

Background. Positive schizophrenic symptoms, especially passivity phenomena, including auditory hallucinations, may be caused by an abnormal sense of agency, which people with schizotypal personality traits also tend to exhibit. A sense of agency asserts that it is oneself who is causing or generating an action. It is possible that this abnormal sense of self-agency is attributable to the abnormal prediction of one’s own movements in motor control. Method. We conducted an experiment using the “disappeared cursor” paradigm in which non-clinical, (...) healthy participants were required to click on a target using an invisible mouse cursor. Prediction error was defined as the distance between the target and the click point. Results. The results showed that schizotypal personality traits, but not depressive or anxious traits, were correlated with deficits in predicting movements of the subjects’ left hand. In particular, auditory hallucination proneness had the strongest relationship with movement prediction error. In this report, we also discuss the error tendency. Conclusions. This finding is in accordance with the idea that passivity phenomena or proneness may be caused by the abnormal prediction of one’s own actions or movements. (shrink)

Background:The understanding of factors that shape risk perception is crucial to modulate the perceived threat and, in turn, to promote optimal engagement in preventive actions.Methods:An on-line, cross-sectional, survey was conducted in Italy between May and July 2020 to investigate risk perception for COVID-19 and the adoption of preventive measures. A total of 964 volunteers participated in the study. Possible predictors of risk perception were identified through a hierarchical multiple linear regression analysis, including sociodemographic, epidemiological and, most of all, psychological factors. (...) A path analysis was adopted to probe the possible mediating role of risk perception on the relationship between the independent variables considered and the adoption of preventive measures.Results:Focusing on the psychological predictors of risk perception, high levels of anxiety, an anxious attachment, and an external locus of control predicted higher perceived risk. Conversely, high levels of openness personality and of avoidant attachment predicted a lower perception of risk. In turn, the higher was the perceived risk the higher was the adoption of precautionary measures. Furthermore, psychological factors influenced the adoption of preventive behaviors both directly and indirectly through their effect on risk perception.Conclusions:Our findings might be taken into high consideration by stakeholders, who are responsible for promoting a truthful perception of risk and proper compliance with precautionary measures. (shrink)

Research on differences in personal control among Blacks and Whites is conflicted. The purpose of this study is to see if differences in feelings of control between Blacks and Whites can be attributed to race differences in the use of religious resources. Developing a close relationship with God serves as the focal measure of religious involvement. The data come from a nationwide survey of middle-aged and older Blacks and Whites in the United States. A second-order factor model is (...) embedded in a larger latent variable model that assesses the relationships among race, a close relationship with God, and feelings of personal control. The findings suggest that Blacks have a stronger sense of control than Whites. Moreover, a significant portion of these race differences can be attributed to the fact that Blacks are more likely than Whites to report they have a close relationship with God. (shrink)

Few studies have examined the relationship between personality traits and social networking sites (SNSs) with a dominant concentration on the personality alterations under SNSs influence. The relationship between personality and privacy control was less focused and discussed. In order to figure out the internal mechanism of such link among youth SNSs users, the Theory of Planned Behavior (TPB) was extended by including Five-Factor Model of Personality to explore how personality traits interact with privacy control behavior on SNSs. The (...) investigation using the theoretical method mentioned led to several hypotheses which were later assessed by an online study conducted within randomly chosen college students (N = 201) from two randomly chosen universities in China. This sampling strategy was designed to mimic the situation of targeted research population in the most reasonable way. The results suggested neuroticism and openness predicted SNSs privacy. Neuroticism and openness predicted “networked privacy” was also found. Theoretical implications of these findings were addressed. (shrink)