The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.

I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...) and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...) enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (shrink)

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...) as those engaged in them have no more use for them. Laws however, must usually be declared invalid or otherwise nullified for them to have no further effect. Shapiro’s use of self-certification to explain how law is differentiated from other forms of social planning is ad hoc and threatens circularity when he admits it to be a matter of degree. Both of these issues can be better solved by seeing law as an institutionalised abstract artefact, with a greater emphasis upon the nature of institutions doing much of the work done by the idea of planning. (shrink)

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...) admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...) our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (shrink)

Economic success in competitive systems requires resource redistribution to those who fail. Once we recognize that success in competitive endeavors depends meaningfully on the failure of others, policy implications that involve strong redistributive mechanisms should be drawn. Particular attention is paid to the role of education in fostering a sense of self-esteem necessary to counter the effects of internalized competition.

Little is known with regard to the precise cognitive tools the self uses in acquiring and processing information about itself. In this article, we underline the possibility that inner speech might just represent one such cognitive process. Duval and Wicklund’s theory of self-awareness and the selfconsciousness, and self-knowledge body of work that was inspired by it are reviewed, and the suggestion is put forward that inner speech parallels the state of self-awareness, is more frequently used among highly self-conscious persons, and (...) represents an effective, if not indispensable, tool involved in the formation of the self-concept. The possibility is also raised that the extent to which one uses inner speech could partially explain individual differences in self-consciousness and self-knowledge. A selective review of the private and inner speech literature is presented, and some possible ways of testing the hypothesis by using pre-existing techniques are proposed in the hope of stimulating empirical investigations. Some implications are outlined in conclusion. (shrink)

The present review of literature surveys two main issues related to self-referential processes: (1) Where in the brain are these processes located, and do they correlate with brain areas uniquely specialized in self-processing? (2) What are the empirical and theoretical links between inner speech and self-awareness? Although initial neuroimaging attempts tended to favor a right hemispheric view of selfawareness, more recent work shows that the brain areas which support self-related processes are located in both hemispheres and are not uniquely activated (...) during self-reflective tasks. Furthermore, self-awareness at least partially relies on internal speech. An activation of Broca's area (which is known to sustain inner speech) is observed in a significant number of brain-imaging studies of self-reflection. Loss of inner speech following brain damage produces self-awareness deficits. Inner speech most likely can internally reproduce social mechanisms leading to self-awareness. Also, the process of self-reflection can be seen as being a problem-solving task, and self-talk as being a cognitive tool the individual uses to effectively work on the task. It is noted that although a large body of knowledge already exists on self-awareness, little is known about individual differences in dispositional self-focus and types of self-attention (e.g., rumination vs. self-reflection). (shrink)

Self-awareness represents the capacity of becoming the object of one’s own attention. In this state one actively identifies, processes, and stores information about the self. This paper surveys the self-awareness literature by emphasizing definition issues, measurement techniques, effects and functions of self-attention, and antecedents of self-awareness. Key self-related concepts (e.g., minimal, reflective consciousness) are distinguished from the central notion of self-awareness. Reviewed measures include questionnaires, implicit tasks, and self-recognition. Main effects and functions of self-attention consist in selfevaluation, escape from the (...) self, amplification of one's subjective experience, increased self-knowledge, self-regulation, and inferences about others' mental states (Theory-of-Mind). A neurocognitive and socioecological model of self-awareness is described in which the role of face-to-face interactions, reflected appraisals, mirrors, media, inner speech, imagery, autobiographical knowledge, and neurological structures is underlined. (shrink)

Summary.— Recent empirical work in social cognition suggests that in building a self-concept people make inferences about themselves based on overt behavior or private thoughts and feelings. This article addresses the question of how, exactly, people make these inferences about themselves and raises the possibility that they do so through self-talk. It is proposed that the more on talks to oneself to construct a selfimage, the more this image will gain coherence and sophistication. A correlational study was conducted to explore (...) the relation between richness of the self-concept (using the W-A-Y) and natural disposition to talk to oneself (using a pilot questionnaire). A moderate but positive correlation of .30 is obtained. The article concludes with clinical implications. (shrink)

Invited paper for the Oxford Companion to Consciousness, in press.

Inner speech represents the activity of talking to oneself in silence. It can be assessed with questionnaires, sampling methods, and electromyographic recordings of articulatory movements. Inner speech has been linked to thought processes and self-awareness. Private speech (speech-for-self emitted aloud by children) serves an important self-regulatory function. The frequency of private speech follows an inverted-U relation with age, peaking at 3-4 years of age and disappearing at age 10. Social and inner speech share a common neurological basis: Broca’s area. Dysfunctional (...) self-talk is known to mediate many pathological conditions; negative selfverbalizations have a more significant debilitating impact than positive ones. (shrink)

There is little doubt that animals are ―conscious‖. Animals hunt prey, escape predators, explore new environments, eat, mate, learn, feel, and so forth. If one defines consciousness as being aware of external events and experiencing mental states such as sensations and emotions (Natsoulas, 1978), then gorillas, dogs, bears, horses, pigs, pheasants, cats, rabbits, snakes, magpies, wolves, elephants, and lions, to name a few creatures, clearly qualify. The contentious issue rather is: Do these animals know that they are perceiving an external (...) environment and experiencing internal events? Are animals self-conscious? Recent attempts at understanding animal consciousness (e.g., Edelman & Seth, 2009) agree that non-human animals most probably possess ―primary‖ (or ―minimal‖) consciousness. But these views also argue that unlike humans animals lack many (but not all) elements that make up higher-order consciousness—the capacity to self-reflect on the contents of primary consciousness. In this chapter I will aim at offering a more elaborate picture of this position. I will present detailed information on what is meant by ―higher-order consciousness‖—i.e., selfawareness. I will suggest that some dimensions of self-awareness (e.g., self-recognition, metacognition, mental time travel) may be observed in several animals, but that numerous additional aspects (e.g., self-rumination, emotion awareness) seem to be absent. Some other self-related processes, such as Theory-of Mind, have been identified in animals, but not as the full-fledged versions found in humans. I will postulate that these differences in levels of selfawareness between humans and animals may be attributable to one distinctive feature of human experience: the ability to engage in inner speech. (shrink)

Ce texte propose une définition de la conscience de soi et explique en quoi cette capacité naît du monde social. Il est postulé que ce dernier permet un mouvement de recul - une «distanciation » - par rapport à soi, et que le cerveau reproduit ce mouvement grâce à certains processus cognitifs qui en ont été imprimés. Parmi ceux-ci, on retrouve le langage intérieur, qui, par analogie, agirait comme un miroir interne capable de confronter l'expérience subjective à elle-même; de cette (...) confrontation naîtrait le soi. Un argument est présenté en faveur de la supériorité du langage intérieur sur d'autres processus cognitifs impliqués dans la conscience de soi. Le problème de la conscience de soi chez les primates est abordé, et l'article conclut sur diverses réflexions ayant trait à la schizophrénie, la prière, la méditation, et les drogues psychodysleptiques.This text proposes a definition of self-awareness and explains its social origin. It is postulated that the social milieu permits a movement to a more objective perspective for self- perception, and that this movement is then reproduced in the brain by specific cognitive processes. It is suggested that inner speech represents one such cognitive processes, which acts like a mirror to reflect subjective experience back upon itself-, the self would be generated by this reflective activity. It is argued that inner speech has a pre-eminent position among the cognitive processes implicated in self-awareness. The problem of self-awareness in primates is discussed, and the article concludes with ideas concerning schizophrenia, prayer, medi- tation, and psychodysleptic drugs. (shrink)

Precision Medicine is driven by the idea that the rapidly increasing range of relatively cheap and efficient self-tracking devices make it feasible to collect multiple kinds of phenotypic data. Advocates of N = 1 research emphasize the countless opportunities personal data provide for optimizing individual health. At the same time, using biomarker data for lifestyle interventions has shown to entail complex challenges. In this paper, we argue that researchers in the field of precision medicine need to address the performative dimension (...) of collecting data. We propose the fun-house mirror as a metaphor for the use of personal health data; each health data source yields a particular type of image that can be regarded as a ‘data mirror’ that is by definition specific and skewed. This requires competence on the part of individuals to adequately interpret the images thus provided. (shrink)

Szmimary.—The present report investigated the question of how individual differences in self-consciousness devdop. Rimé and LeBon proposed that high self-consciousness follows a history of frequent exposure to selffocusing stimuli, i.e., mirrors, audiences, audio and video devices, and cameras. To explore this hypothesis private and public self-consciousness and past exposure to self-focusing stimuli were assessed in 438 subjects. Analysis indicated that history of frequent exposure to self-focusing stimuli is significantly but weakly related to high private self-consciousness in men and to high (...) public self-consciousness in women. This supports previous observations suggesting that the routes to the development of selfconsciousness seem to differ for the two sexes. (shrink)

Little is know about factors that influence the development of public self-consciousness. One potential factor is exposure to audiences: being repeatedly aware of one's object status could create a high disposition to focus on public self-aspects. To explore this hypothesis public self-consciousness was assessed in two groups of subjects: 62 professors and actors (high exposure to audiences) and 39 people without audience experience. Analysis show that significant differences exist for public self-consciousness in men only. Also, history of frequent exposure to (...) audience is significantly but weakly correlated with high public self-consciousness in men. This supports previous observations indicating that self-consciousness seems to develop differently for men and women. (shrink)

The importance of corporate social responsibility is shaping investment decisions and entrepreneurial actions in diverse perspectives. The rapid growth of SMEs has tremendous impacts on the environment. Nonetheless, the economic emergence plan of Cameroon has prompted government support of SMEs through diverse projects. This saw economic growth increased to 3.8% and unemployment dropped to 4.3% caused by the expansion of private sector investments. The dilemma that necessitated this study is the response strategy of SMEs operators towards environmental sustainability. This study, (...) thus seeks to examine the effects of entrepreneurial intentions and actions on environmental sustainability. The research is a conclusive case study design supported by the philosophical underpins of objectivism ontology and positivism epistemology. Data was sourced from four hundred (400) SMEs operators purposively sampled from the Centre and Littoral regions of Cameroon using structured questionnaire. Data was analysed using the Structural Equation Modelling technique with the aid of statistical packages including: SPSS 24 and AMOS 23. The study revealed that entrepreneurial action has weak positive statistical significant impacts on environmental sustainability; whereas entrepreneurial intention has strong positive statistical significant effects on environmental sustainability. Entrepreneurial intention comprised of self-efficacy and perceived control whereas, entrepreneurial actions involved entrepreneurial alertness and uncertainty. This study concludes that entrepreneurs in Cameroon have sustainable intentions to protect the environment but; the current actions taken are inadequate. This research recommends that entrepreneurs should enhance efforts toward attaining the state of genuine sustainability. (shrink)

The importance of corporate social responsibility is shaping investment decisions and entrepreneurial actions in diverse perspectives. The rapid growth of SMEs has tremendous impacts on the environment. Nonetheless, the economic emergence plan of Cameroon has prompted government support of SMEs through diverse projects. This saw economic growth increased to 3.8% and unemployment dropped to 4.3% caused by the expansion of private sector investments. The dilemma that necessitated this study is the response strategy of SMEs operators towards environmental sustainability. This study, (...) thus seeks to examine the effects of entrepreneurial intentions and actions on environmental sustainability. The research is a conclusive case study design supported by the philosophical underpins of objectivism ontology and positivism epistemology. Data was sourced from four hundred (400) SMEs operators purposively sampled from the Centre and Littoral regions of Cameroon using structured questionnaire. Data was analysed using the Structural Equation Modelling technique with the aid of statistical packages including: SPSS 24 and AMOS 23. The study revealed that entrepreneurial action has weak positive statistical significant impacts on environmental sustainability; whereas entrepreneurial intention has strong positive statistical significant effects on environmental sustainability. Entrepreneurial intention comprised of self-efficacy and perceived control whereas, entrepreneurial actions involved entrepreneurial alertness and uncertainty. This study concludes that entrepreneurs in Cameroon have sustainable intentions to protect the environment but; the current actions taken are inadequate. This research recommends that entrepreneurs should enhance efforts toward attaining the state of genuine sustainability. (shrink)

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these purposes are minimally (...) morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves. (shrink)

Histoire et utilisation du robot Bien que la robotique soit un marché économique relativement jeune et en pleine croissance, la genèse des robots remonte à l’Antiquité. Le premier robot à être déployé sur des lignes d’assemblage est Unimate, utilisé dès 1961 par General Motors. La robotique, en se di usant dans tous les pans de notre économie, va impacter les business modèles de nombreuses industries comme l’automobile et l’aéronautique mais aussi la construction ou l’agriculture. Aujourd’hui les robots industriels et de (...) service servent à de multiples tâches allant de la logistique à l’usinage en passant par la fonderie. La robotique constitue aussi et surtout un enjeu sociétal contribuant à relever les dé s de la mobilité, de la santé, de l’autonomie, du vieillissement et de l’éducation. Absence de dé nition et de régime juridique spéci que au robot En France, la notion de robot ne fait pas l’objet d’une dé nition juridique qui lui est propre. Les dé nitions relatives à l’environnement robotique peuvent tout de même se retrouver dans la norme ISO 8373:2012. Bien que les robots intéressent les juristes à plusieurs titres, le législateur n’a, à ce jour, pas adopté de régime juridique spéci quement applicable aux robots. Il convient donc de rechercher dans le droit positif le corpus de textes applicables aux robots. Ce corpus pourra alors recevoir l’appellation de « droit de la robotique ». Garanties Le vendeur d’un robot industriel et de service doit se conformer aux garanties légales que sont la garantie des vices cachés et la garantie d’éviction. Il doit également respecter les éventuelles garanties qui ont pu être convenues contractuellement Clauses contractuelles Le fournisseur d’un robot industriel et de service doit être particulièrement attentif aux clauses contractuelles rela- tives à la garantie, à la propriété intellectuelle, à la con dentialité, à la responsabilité et à la conformité aux directives techniques. Les spéci cités liées au robot, telles que les éléments relatifs à l’intelligence arti cielle, pourront être intégrées dans des annexes spéci ques. Intelligence arti cielle L’algorithme d’intelligence arti cielle dont est équipé un robot industriel et de service peut, dans certaines condi- tions, béné cier d’une protection grâce au droit d’auteur, à la protection du savoir-faire et au brevet. Aucun régime spécial n’existe à ce jour protégeant les œuvres conçues par le robot intelligent. Mobilité Les véhicules et drones autonomes utilisés au sein même de l’usine sont considérés comme des machines. Etant don- né les risques existants, il convient de xer de règles internes d’utilisation. Les véhicules autonomes ne peuvent à ce jour quitter l’espace privé. En revanche, les drones peuvent circuler dans l’espace aérien en respectant strictement le cadre réglementaire. Douanes Le taux de perception des droits de douanes d’un robot industriel et de service est conditionné par la connaissance de l’origine, préférentielle ou non préférentielle, du robot qui est déterminée par la position tarifaire de ce dernier. Le robot industriel et de service entre dans le chapitre 84, qui concerne notamment les machines, de la nomenclature du système harmonisé établi par l’Organisation mondiale de douanes. Sécurité En application de la « directive machines », le robot peut recevoir la quali cation de machine ou de quasi-machine. En vertu de cette directive, mais également au titre du Code du travail, de nombreuses obligations en matière de santé et de sécurité doivent être respectées pour la commercialisation et l’utilisation des robots. Conformité Le Code du travail, en transposant la « directive machines », a prévu de nombreuses obligations et procédures, appli- cables aux robots industriels et de service, permettant ainsi de s’assurer que ces derniers respectent les exigences de conformité nécessaires en matière de santé et de sécurité. Maintenance Dans le cadre de la maintenance, le fournisseur d’un robot industriel et de service est soumis à plusieurs obligations législatives aux titres de la disponibilité des pièces détachées et de la location. Les dispositions contractuelles de- vront prendre en considération les spéci cités propres au robot et ne pas ignorer la maintenance prédictive. Quali cation juridique Dans le cadre de la conception, de la fabrication et de l’utilisation du robot, il convient de porter une attention par- ticulière à quatre textes spéciaux qui peuvent être applicables aux robots industriels et de service : le règlement 428/2009 sur les biens à double usage, la directive 2014/35/UE applicable au matériel électrique basse tension, la directive 2014/53/UE applicable aux équipements radioélectriques et la directive 2014/30/UE sur la compatibilité électromagnétique. Responsabilité Bien que les régimes de responsabilité, civile et pénale, ne sont pas adaptés aux robots autonomes, la responsabilité civile de droit commun, la responsabilité du fait des choses, la responsabilité du fait des produits défectueux et la responsabilité des commettants du fait de leurs préposés peuvent s’appliquer en cas de fait dommageable causé par le robot tout comme la responsabilité pénale en cas d’infraction commise dans le cadre de l’utilisation du robot. Assurance La police d’assurance relative aux robots doit permettre de protéger le robot contre les risques auxquels ils sont confrontés mais également d’assurer la responsabilité pour les dommages qu’ils pourraient causer, on peut alors parler de « dommages robotiques ». Données et bases de données Les bases de données contenues dans un robot industriel et de service doivent respecter les droits dont dispose l’auteur sur la structure de la base de données et/ou les droits du producteur des bases de données dans lesquelles gurent les données utilisées. La réglementation Informatique et libertés est également applicable au robot lorsque celui-ci collecte et/ou traite des données personnelles. Droit de la robotique dans le monde Aucun Etat ne s’est à ce jour doté d’un régime juridique détaillé et spéci que à la robotique. Des dispositions juri- diques relatives aux robots peuvent tout de même se retrouver de façon éparse dans certains droits étrangers concer- nant notamment les drones et les véhicules terrestres autonomes. (shrink)

The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...) the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy. (shrink)

Developing earlier studies of the system of numbers in Mundurucu, this paper argues that the Mundurucu numeral system is far more complex than usually assumed. The Mundurucu numeral system provides indirect but insightful arguments for a modular approach to numbers and numerals. It is argued that distinct components must be distinguished, such as a system of representation of numbers in the format of internal magnitudes, a system of representation for individuals and sets, and one-to-one correspondences between the numerosity expressed by (...) the number and its metrics. It is shown that while many-number systems involve a compositionality of units, sets and sets composed of units, few-number languages, such as Mundurucu, do not have access to sets composed of units in the usual way. The nonconfigurational character of the Mundurucu language, which is related to a property for which we coin the term 'low compositionality power', accounts for this and explains the curious fact that Mundurucus make use of marked one-to-one correspondence strategies in order to overcome the limitations of the core system at the perceptual/motor interface of the language faculty. We develop an analysis of a particular construction, parallel numbers, which has not been studied before, elucidating the whole system. This analysis, we argue, sheds new light on classical philosophical, psychological and linguistic debates about numbers and numerals and their relation to language, and more particularly, sheds light on few-number languages. (shrink)

We review the history of the philosophy of fondue since Aristotle so as to arrive at the formulation of the paradox of Swiss fondue. Either the wine and the cheese cease to exist (Buridan), but then the fondue is not really a mixture of wine and cheese. Or the wine and the cheese continue to exist. If they do, then either they continue to exist in different places (the chemists), but then a fondue can never be perfectly homogenous (it is (...) a French fondue). Or the wine and the cheese continue to exist in the same place (the Stoïcs), but then wine and cheese have to be, oddly, penetrable and spatially expansible. Aristote attempted to solve this paradox by arguing that the cheese and wine continue to exist, but only potentially in the fondue. We sketch an alternative answer. The wine and the cheese continue to exist, but only non-spatially in the fondue. Wine and cheese, once mixed, become non-spatial constituents of the fondue, a bit like character traits are non-spatial constituents of persons. The wine and the cheese are in the fondue, but only the fondue is there in the fondue pot. (shrink)

This paper concerns model-checking of fragments and extensions of CTL* on infinite-state Presburger counter systems, where the states are vectors of integers and the transitions are determined by means of relations definable within Presburger arithmetic. In general, reachability properties of counter systems are undecidable, but we have identified a natural class of admissible counter systems (ACS) for which we show that the quantification over paths in CTL* can be simulated by quantification over tuples of natural numbers, eventually allowing translation of (...) the whole Presburger-CTL* into Presburger arithmetic, thereby enabling effective model checking. We provide evidence that our results are close to optimal with respect to the class of counter systems described above. (shrink)

Book, 2005. B&W and colour digital print on paper. A4 format. Unbound. This project was developed during a stay in Broken Hill and the region, it was supported through the artist-in-residence program at the Faculty of Creative Arts at the University of Wollongong in August 2005 and it was edited during the following months. A full copy of the book is held in the collections of the Art Gallery of New South Wales Research Library and Archive; the Médiathèque, Musée du (...) Quai Branly, Collection des Récits de Voyageurs; the Bibliothèque Nationale, Département des Estampes et de la Photographie, Paris. (shrink)

From the book's point of view post-object art did twice better than generally acknowledged. It not only sabotaged the physical object's static substance ontology but also reformulated what an object is. A new object to start again with. By reestablishing the object beyond its physical instability through processual invariance, it can then be observed in the context of its external relations and hence as having no ontological primacy over them. By bracketing the object and suspending its internality, both the object (...) and the curatorial frame can be observed as working synchronically, correlated at a placeless boundary or interface. (shrink)

Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

Cet essai propose une esthétique contextualiste de l'œuvre d'art dont le paradigme est rapporté à l'artefact de design. Présenté en deux livres, il maintient la spécificité de chacun des deux domaines tout en rendant compte de leurs échanges incessants depuis le début des avant-gardes historiques. Le premier livre débute par l'examen de neuf monochromes rouges imaginés par Arthur Danto et fait appel à l'esthétique institutionnelle de Howard Becker pour les placer dans le contexte des pratiques curatoriales et du "monde de (...) l'art". Une approche contextualiste et empirique qui croise des références à la théorie de l'art, à la théorie institutionnelle, au constructivisme et à la systémique. Le second livre déplace le propos dans le domaine du design. L'histoire de l'art moderne et contemporain et l'histoire du design sont inséparables. Il s'agit pourtant pour chaque discipline de retirer de l'autre ce qui lui revient en propre. L'artefact de design existe dans le contexte de la société et non de l'art et il est lui-même le répartiteur d'un contexte au travers du projet. (shrink)

"Catalogue" of the exhibition This talk is the exhibition held at Articulate Upstairs in Sydney, 12-20 March 2016. Print on paper 14 x 14 cm. Published by Spec&Editions Collection of the Artist. The exhibition reproduces the catalogue in a suite of larger prints pasted on the walls, with a few additions to it.

The essay examines Alain Badiou's concept of ‘anabasis’ and its disclosure in the poetry of Paul Celan. As a conceptualisation of the process of subject formation, anabasis is read as a rejoinder to that of ‘homecoming’, found in Martin Heidegger's appropriation of Friedrich Hölderlin's poems. Following an excursus on the philosophical and the ethical stakes at the heart of these movements, the essay close-reads two of Celan's poems in order to reveal poetry's own attempts to think through trajectories of (...) emergent subjectivities in the wake of twentieth-century violence, as well as the as yet understated centrality of Celan's poetry to Badiou's wider philosophical project. (shrink)

Communist discourses are resurging in various disciplines across the globe. Philosophy has its share of this resurgence especially after the global financial crisis of 2008 made a number of its thinkers convene in various conferences and intellectually meet in a host of publications. In these intellectual engagements, the idea of communism is once again interrogated as the moribund capitalist system failed humanity its promise. Alain Badiou is among the leading figures in the philosophical task of (re)interrogating the idea of (...) communism. Badiou raised the urgency of reformulating what he calls as the communist hypothesis for it to both reconsider its supposed failures of the past and better suit the current conditions. Badiou is particularly guided by the lessons of the May ’68 of France, the Great Proletarian Cultural Revolution of China, and various contemporary popular uprisings to develop a reformulation of the communist hypothesis. In advancing a laborious task of reformulation, Badiou inevitably rejected a core category of the Marxist-Leninist tradition: the party. The rejection is supported by a view of the party that reduced it to its supposed fusion with the State, i.e., the party-State fusion. Such a fusion is characterized by either parliamentarian or insurrectionary politics. In this politics, Badiou argues that the party is obstructed from advancing further the proletarian revolution as it is tied to a Statist procedure. This work develops a Maoist reformulation of the communist hypothesis. Along the course of the socialist constructions of Russia and China, certain moments of what can be called as indigenized and mobilizational politics characterized periods that escape what Badiou reduced the party into, i.e., the party-State fusion. The Maoist notions of the mass line and protractedness come out as indispensable requisites in developing the concepts of indigenized and mobilizational politics. These moments depicted what can be called as the party-masses fusion and provided practical resources not only for the rectification of the supposed failures of the past but also for a reformulation of the communist hypothesis. Through the development and employment of the category of the party-masses fusion and the politics that determine it, the reformulation of the communist hypothesis is supported by a discourse of success rather than of defeat. (shrink)

Alain Badiou is one of the world's most influential living philosophers. Few contemporary thinkers display his breadth of argument and reference, or his ability to intervene in debates critical to both analytic and continental philosophy. Alain Badiou: Key Concepts presents an overview of and introduction to the full range of Badiou's thinking. Essays focus on the foundations of Badiou's thought, his "key concepts" - truth, being, ontology, the subject, and conditions - and on his engagement with a range (...) of thinkers central to his philosophy, including Plato, Descartes, Spinoza, Heidegger and Deleuze. (shrink)

Este trabajo parte de las nociones que desarrolla el filósofo Alain Badiou con respecto a la idea del ser y todo lo que conlleva su desenvolvimiento. En el poema de Octavio Paz “Más allá del amor”, son consuetudinarias las alusiones a la conformación y la exposición de las circunstancias y las entidades que se articulan en el discurso. En ese sentido, conceptos que permitirán la detección de la unicidad, el vacío o el tratamiento de un conjunto, junto con operadores (...) como el “cuenta por uno” (extraído del texto El ser y el acontecimiento), facilitarán la constitución y la sistematización de elementos líricos que incorpora el escritor mexicano. (shrink)

In this study, I reconstruct and compare Alain Badiou’sBeing and Event(2005) and Graham Priest’sOne(2014), arguing that the ontologies pursued within the two texts are intriguingly analogous in a number of ways. Both Badiou and Priest are committed to thinking through classically ontological problems without denying the validity of the paradoxes they raise; both regard Plato’sParmenidesas an early and formative account of these paradoxes; both establish conclusions to the effect that unity – or “oneness” – is indeed a contradictory phenomenon; (...) and both, as a corollary of this conclusion, develop frameworks which confer ontological prominence uponthe voidandemptinessrespectively, thereby arriving at what appears to be a shared ontological nihilism. In this comparative study, I not only enquire whether the frameworks adopted by Badiou and Priest really do lead to nihilist conclusions, but also attempt to clearly outline their trajectories of thought for the benefit of those who might be tempted to dismiss their seemingly outlandish theses out of hand. (shrink)

Following the publication of his magnum opus L’être et l’événement (Being and Event) in 1988, Alain Badiou has been acclaimed as one of France’s greatest living philosophers. Since then, he has released a dozen books, including Manifesto for Philosophy, Conditions, Metapolitics and Logiques des mondes (Logics of Worlds), many of which are now available in English translation. Badiou writes on an extraordinary array of topics, and his work has already had an impact upon studies in the history of philosophy, (...) the history and philosophy of science, political philosophy, aesthetics, psychoanalysis, and ontology. This volume takes up the challenge of explicating, extending and, in many places, criticising Badiou’s stunningly original theses. Above all, the essays collected here put Badiou’s concepts to the test in a confrontation with the four great headings that he himself has identified as essential to our humanity: science, love, art and politics. Many of the contributors have already been recognised as outstanding translators of and commentators on Badiou’s work; they appear here with fresh voices also destined to make a mark. (shrink)

In recent years, the growing number of persons to whom basic human rights have been explicitly denied—stateless persons, refugees, undocumented workers, sans papiers and unlawful combatants—has evidenced the logic of contemporary nation-state politics. According to this logic, the state defines itself by virtue of what it excludes while what is excluded is given no other recourse than the state for its protection. Hannah Arendt elucidates this logic when she observes that the stateless and the refugee can only be recognized as (...) human beings when they have already been recognized as citizens. Their appeal to human rights for protection was fruitless because they needed to have citizen rights, the recognition of a government, or of other citizens who can appeal to that government, in order to invoke these rights. In the terms Arendt uses to name political action, one needs to be seen and heard already, the privileges of those who are citizens, in order to appeal to be seen and heard. Just as political life (bios), in order to be free, was only possible once the necessities were accounted for in natural life (zoē), so citizenship is recognized to the exclusion of the non-citizen, that is, the merely human. -/- . (shrink)