The ethical Principle of Proportionality requires combatants not to cause collateral harm excessive in comparison to the anticipated military advantage of an attack. This principle is considered a major (and perhaps insurmountable) obstacle to ethical use of autonomous weapon systems (AWS). This article reviews three possible solutions to the problem of achieving Proportionality compliance in AWS. In doing so, I describe and discuss the three components Proportionality judgments, namely collateral damage estimation, assessment of anticipated military advantage, and judgment of (...) “excessiveness”. Some possible approaches to Proportionality compliance are then presented, such as restricting AWS operations to environments lacking civilian presence, using AWS in targeted strikes in which proportionality judgments are pre-made by human commanders, and a ‘price tag’ approach of pre-assigning acceptable collateral damage values to military hardware in conventional attritional warfare. The article argues that application of these three compliance methods would result in AWS’ achieving acceptable Proportionality compliance levels in many combat environments and scenarios, allowing AWS to perform most key tasks in conventional warfare. (shrink)

The assumption that coercion is largely responsible for our legal systems’ efficacy is a common one. I argue that this assumption is false. But I do so indirectly, by objecting to a thesis I call “(Compliance)”, which holds that most citizens comply with most legal mandates most of the time at least partly in virtue of being motivated by legal systems’ threats of sanctions and other unwelcome consequences. The relationship between (Compliance) and the efficacy of legal systems is (...) explained in section 1. There I also show that (Compliance) must be rejected for it relies on unsubstantiated empirical assumptions. In section 2, I claim that an alternative, and more refined, formulation of (Compliance) also lacks adequate support. I conclude with a few general remarks about the centrality of coercion in our thought and talk about legal systems. (shrink)

Though there is no international government, there are many international regimes that enact binding regulations on particular matters. They include the Basel II regime in banking, IFRS in accountancy, the FIRST computer incident response system, the WHO’s system for containing global epidemics and many others. They form in effect a very powerful international public sector based on technical expertise. Unlike the public services of nation states, they are almost free of accountability to any democratically elected body or to any legal (...) system. Although by and large they have acted for good, the dangers of long-term unaccountability are illustrated by the travesties of justice perpetrated by the International Labour Organisation Administrative Tribunal. (shrink)

I provide counterexamples to Kit Fine's semantics for imperative and deontic modals. In particular, I argue that the semantics fails to provide necessary conditions for conjunctive imperatives.

Powerful, technically complex international compliance regimes have developed recently in certain professions that deal with risk: banking (the Basel II regime), accountancy (IFRS) and the actuarial profession. The need to deal with major risks has acted as a strong driver of international co-operation to create enforceable international semilegal systems, as happened earlier in such fields as international health regulations. This regulation in technical fields contrasts with the failure of an international general-purpose political and legal regime to develop. We survey (...) the new global regulatory systems in the actuarial, banking and accounting fields, with a view to showing how the need to deal reasonably with risk has resulted in an international de facto law solidly based on correct abstract principles of probability. (shrink)

Recently, I have proposed an extension of the framework of the ethics of collegiality (Berber & Subotić, forthcoming). By incorporating an anti-individual perspective and the notion of epistemic competence, this framework can reveal the epistemic virtue/vice relativism, which, in turn, charts the tension between being a good colleague and an efficient, loyal employee. In this paper, however, I want to sketch how the ethics of collegiality could be applied to practical domains, such as the historical accountability and atonement of corporations (...) that participated in the anti-Semitic policies of the Third Reich and contributed to the Holocaust by using slave or forced labor. New studies suggest that corporations ought to engage in deeper historical reflection and ethical dialogue between Shoah survivors and top managers to address the issue of industrial compliance (Federman 2021), whereas most of the work on this topic traditionally focused on the issue of reparations litigation (Kelly 2016, Neuborne 2003). Through the notions of collective institutional epistemic vice and institutional ethos (Fricker 2021), the upshot is to assess whether it is feasible for corporations to be genuinely repentant regarding their role in the Holocaust thanks to the ethics of collegiality instead of merely offering compensation. I will argue that instead of emphasizing ethical leadership and the top-down approach to the (re-)implementation of values in corporate conduct, the spotlights should be on the bottom-up approach grounded in collegial solidarity among all employees. (shrink)

Joseph Raz claims that there can be reason to do the impossible; but partial compliance with reason is better than non-compliance and the closer one gets to complying with reason, the better. I propose some exceptions.

If computer ethics is to constitute a real engagement with industry and society that cultivates a genuine sensitivity to ethical concerns in the creation, development, and implementation of technologies, a genuine sensitivity that stands in marked contrast to ethics as “mere compliance,” then computer ethics will have to consist in issuing an open invitation to inquiry, since going beyond mere compliance requires a sensitivity to the importance of what we care about, and inquiry has the potential to leverage (...) what our audiences already care about to bring them to care about computer ethics. This commitment to open inquiry is apparent in the practice of computer ethics at Ethicomp and in our interfaces with various audiences beyond Ethicomp. We mentor professionals, aspiring professionals, managers, end-users, policy makers, and each other by offering an open invitation to inquiry about the broad ethical implications of the practices, professions, and institutions of computing and the design, development, and implementation of computer artifacts. (shrink)

Typically, fair machine learning research focuses on a single decision maker and assumes that the underlying population is stationary. However, many of the critical domains motivating this work are characterized by competitive marketplaces with many decision makers. Realistically, we might expect only a subset of them to adopt any non-compulsory fairness-conscious policy, a situation that political philosophers call partial compliance. This possibility raises important questions: how does partial compliance and the consequent strategic behavior of decision subjects affect the (...) allocation outcomes? If k% of employers were to voluntarily adopt a fairness-promoting intervention, should we expect k% progress (in aggregate) towards the benefits of universal adoption, or will the dynamics of partial compliance wash out the hoped-for benefits? How might adopting a global (versus local) perspective impact the conclusions of an auditor? In this paper, we propose a simple model of an employment market, leveraging simulation as a tool to explore the impact of both interaction effects and incentive effects on outcomes and auditing metrics. Our key findings are that at equilibrium: (1) partial compliance by k% of employers can result in far less than proportional (k%) progress towards the full compliance outcomes; (2) the gap is more severe when fair employers match global (vs local) statistics; (3) choices of local vs global statistics can paint dramatically different pictures of the performance vis-a-vis fairness desiderata of compliant versus non-compliant employers; (4) partial compliance based on local parity measures can induce extreme segregation. Finally, we discuss implications for auditors and insights concerning the design of regulatory frameworks. (shrink)

Emergency situations require individuals to make important changes in their behavior. In the case of the COVID-19 pandemic, official recommendations to avoid the spread of the virus include costly behaviors such as self-quarantining or drastically diminishing social contacts. Compliance (or lack thereof) with these recommendations is a controversial and divisive topic, and lay hypotheses abound regarding what underlies this divide. This paper investigates which cognitive, moral, and emotional traits separate people who comply with official recommendations from those who don't. (...) In four studies (three pre-registered) on both U.S. and French samples, we found that individuals' self-reported compliance with official recommendations during the COVID-19 pandemic was partly driven by individual differences in moral values, disgust sensitivity, and psychological reactance. We discuss the limitations of our studies and suggest possible applications in the context of health communication. (shrink)

This work offers a possible Foucaultian interpretation of Corporate Compliance Management. It is motivated by the so-called "failure" of ethical training. This research pursues a critical and local perspective. The aim is to endorse and strengthen the ethical potentiality of a Compliance Program. In the first part, metaphors produced by corporate employees are presented. These images symbolize the power relationships with their employers and illustrate some Foucaultian concepts. In the second part, Compliance Management is interpreted as an (...) exercise of corporate power validated by an intentioned discourse. In the third part, Compliance Program is interpreted as a possibility of power resistance. In the fourth part, it provides a discussion with some authors who have tried to rescue Foucault's contribution to business ethics. It is reached to the conclusion that a Compliance Program contains potentialities for the individual´s empowerment. This empowerment is mainly granted through dialogue in training workshops. (shrink)

Abstract: The dynamic viscoelastic properties of Polyvinylacetate with molecular weight 83000g/mol (PVA 83K ) were determined by using a Rheometer operated in the dynamic mode and 8 mm parallel plate over a wide range of temperature as a function of frequency. The measurements were performed successively in the parallel plate geometry using 8 mm plate instead of 25 mm. The glass plateau regime is clearly observed because we could measure PVA 83K sample successively under its glass temperature. The rheological properties (...) of polydisperse PVA 83K were completely studied. The storage and loss compliance and the relaxation spectrum are evaluated. (shrink)

Thesis )--University of Stellenbosch, 2010.

The state of the availability of digital resources and institutional compliance to COVID-19 mitigation measures was evaluated by the researchers in this study. Informed by the need to answer two research questions, the study adopted the descriptive survey design. A sample of 409 participants was drawn from a population of 2,410 academic staff at the University of Calabar, leveraging the multistage sampling process. “Availability of digital resources and institutional compliance with COVID-19 mitigation measures questionnaire” was used for data (...) collection. After administration, we recovered 397 copies of the instrument successfully. We used descriptive statistics to answer the research questions. Our findings indicated a great extent in the availability of digital resources such as computers (91.18%), human capacity (63.48%), network printers (67.76%), projectors (59.19%), websites (92.95%), and wireless networks (86.65%). There was a low extent in the availability of digital resources such as local area network (5.79%), cloud storage systems (2.27%), digital libraries (7.56%), firewalls (1.26%), Internet service (48.36%), routers (23.69%), and Zoom videoconferencing platform (23.93%). The unavailability of digital resources such as host/servers (0%) and virtual private networks (0%) in the higher education institution (HEI). Further evidence shows a low extent of institutional compliance with COVID-19 mitigation measures generally and specifically for all indicators. In conclusion, there is a high degree of unreadiness to promote e-learning when flexible learning systems should operate in the institution. Among others, we recommend that the management of the HEI should apportion proceeds from internally generated funds to procure digital resources to increase the institution's capacity to respond to COVID-19 or similar cases in the future. (shrink)

methods that have shown promise for improving extreme risk analysis, particularly for assessing the risks of invasive pests and pathogens associated with international trade. We describe the legally inspired regulatory regime for banks, where these methods have been brought to bear on extreme ‘operational risks’. We argue that an ‘advocacy model’ similar to that used in the Basel II compliance regime for bank operational risks and to a lesser extent in biosecurity import risk analyses is ideal for permitting the (...) diversity of relevant evidence about invasive species to be presented and soundly evaluated. We recommend that the process be enhanced in ways that enable invasion ecology to make more explicit use of the methods found successful.. (shrink)

Sabine Hohl and Dominic Roser argue that states that emit their fair share of greenhouse gases have a duty to step in for states that emit more than their fair share. In this comment I ask two questions: First, given that Hohl and Roser are right, how relevant is the duty to step in for the polluters in practice? Second, is there such a duty on more non-ideal approaches than the one taken by Hohl and Roser as well? I argue (...) that the duty to step in for the polluters is not very relevant (because of considerations of demandingness and fairness) and that on more extremely non-ideal approaches there may be only a limited duty to take up the slack, or no such duty at all (because the duty must be weighed against other duties, and because states are poorly motivated to act in conformity with it). (shrink)

Thomas Pogge and Andrew Kuper suggest that we should promote an ‘institutional’ solution to global poverty. They advocate the institutional solution because they think that non-governmental organizations (NGOs) can never be the primary agents of justice in the long run. They provide several standard criticisms of NGO aid in support of this claim. However, there is a more serious problem for institutional solutions: how to generate enough goodwill among rich nation-states that they would be willing to commit themselves to supranational (...) institutional reforms. In the current international political climate, the implementation of such institutional reforms introduces several intractable problems, including difficulties of global coordination and enforcement. I defend the solution of NGO aid from the criticisms presented by Pogge and Kuper, and propose how it might be reformed. My main suggestion is that all practising NGOs should be required to be ‘accountable for reasonableness’ in the sense that Norman Daniels and James Sabin have outlined. (shrink)

David Gauthier thinks agents facing a prisoner's dilemma ('pd') should find it rational to dispose themselves to co-operate with those inclined to reciprocate (i.e., to acquire a constrained maximizer--'cm'--disposition), and to co-operate with other 'cmers'. Richmond Campbell argues that since dominance reasoning shows it remains to the agent's advantage to defect, his co-operation is only rational if cm "determines" him to co-operate, forcing him not to cheat. I argue that if cm "forces" the agent to co-operate, he is not acting (...) at all, never mind rationally. Thus, neither author has shown that co-operation is rational action in a pd. (shrink)

Sometimes, people who are otherwise eligible to donate blood are unduly deferred from donating. “Unduly” indicates a gap where a deferral policy misstates what exposes potential donors to risk and so defers more donors than is justified. Since the error is at the policy-level, it’s natural and understandable to focus criticism on reformulating or eliminating the offending policies. Policy change is undoubtedly the right goal because the policy is what prevents otherwise safe eligible donors from donating needed blood. But focusing (...) exclusively at the policy-level passes over a largely undiscussed question: if policy change takes time and there is an urgent need for blood now, then what should unduly deferred donors do in the meanwhile? Blood banks and federal agencies recommend that deferred donors donate their time or money until they become eligible, but blood is a non-fungible good: donated cash or volunteered time cannot replace a transfusion. Further, this request ignores that otherwise eligible donors could safely donate their blood in addition to their time and money. Here is the central question I will focus on in this paper: is a donor morally justified in lying on a questionnaire to donate blood if they justifiably believe that their blood poses no risk to a recipient and knows that honestly answering a donor questionnaire would unduly defer them from donating? (shrink)

Abstract: Polystyrene/waste tires composites were prepared in this study by incorporating small particles of waste tires into polydisperse commercial polystyrene (PS) in a melt-mixing method. The dynamic mechanical properties of PS and PS/composite were studied using ARES-Rheometer under nitrogen atmosphere in parallel plate geometry with diameter 8 mm. The measurements were carried out over a wide range of temperatures ranged from 120°C to 220°C and frequencies from 100 to 0.1 radians per second. The shear compliance of PS composite were (...) studied and compared with those of unfilled PS. The shear compliance were studied and evaluated. Where the values of J' at  = 0.06 radians/s are 110-4 and 5.310-5 Pa-1 for PS and PS composite, respectively At  = 0.1 radians/s the addition of the rubber alters the value of J'' from 1.610-4 to 8.410-5 Pa-1. That means the stability of PS is enhanced by the incorporation of the rubber. (shrink)

• A number of reasons have been offered for Vietnam’s success in containing the COVID-19 pandemic during the first four months of 2020, including Vietnam’s experience in fighting epidemics and its single-party system which allows for timely and aggressive infection control. • Contentions that Vietnam’s measures, being dependent on its particular political and social structures, are not replicable elsewhere is incomplete, if not outright wrong. • Vietnam’s successful pandemic control required a high level of preparedness and a host of coordinated (...) efforts to provide accurate and credible information to the public about epidemic risks and ongoing infection control measures. • A proactive communication strategy was in place from the very beginning, utilizing various platforms such as online news sites, low-cost text messaging, user-friendly apps, local community loudspeakers, and pandemic awareness campaigns. • Open communication ensured public understanding of and support for the government response, thereby facilitating effective government-citizen cooperation. This is a lesson for other countries as much as for Vietnam in the post-pandemic period. (shrink)

In previous works (Floridi 2018) I introduced the distinction between hard ethics (which may broadly be described as what is morally right and wrong independently of whether something is legal or illegal), and soft or post-compliance ethics (which focuses on what ought to be done over and above existing legislation). This paper analyses the applicability of soft ethics to the General Data Protection Regulation and advances the theory that soft ethics has a dual advantage—as both an opportunity strategy and (...) a risk management solution. (shrink)

In ‘Measuring the Consequences of Rules’, Holly Smith presents two problems involving the indeterminacy of compliance, which she takes to be fatal for all forms of rule-utilitarianism. In this reply, I attempt to dispel both problems.

In this paper two systems of AGM-like Paraconsistent Belief Revision are overviewed, both defined over Logics of Formal Inconsistency (LFIs) due to the possibility of defining a formal consistency operator within these logics. The AGM° system is strongly based on this operator and internalize the notion of formal consistency in the explicit constructions and postulates. Alternatively, the AGMp system uses the AGM-compliance of LFIs and thus assumes a wider notion of paraconsistency - not necessarily related to the notion of (...) formal consistency. (shrink)

This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range (...) of epistemological difficulties. The implications of these difficulties are then reviewed for method and normativity in practical reason. A topology of normativity emerges nearer the end of the paper, followed by a brief examination of how certain normative categories must satisfy distinct burdens of proof. (shrink)

How one should respond to shame is a moral consideration that has figured relatively little in philosophical discourse. Recent psychological insights tell us that, at its core, shame reflects an unfulfilled need for emotional connection. As such, it often results in psychological and moral damage—harm which, I argue, renders shaming practices very difficult to justify. Following this, I posit that a morally preferable response to shame is one that successfully addresses and dispels the emotion. To this end, I critique two (...) common responses to shame, compliance and anger, and then propose an alternative: the practice of emotional vulnerability. (shrink)

The main goal of this study is to develop a conceptual framework meant (a) to present the essential traits of persuasion, (b) to explain resistance to persuasion (mainly when the persuader tries to shape, reinforce, or change an attitudinal response), and (c) to provide a feasible strategy to overcome the coping behaviors associated with resistance to persuasion. Defined as the communication process in which “someone makes other people believe or decide to do something, especially by giving them reasons why they (...) should do it, or asking them many times to do it”, persuasion ensures a noncoercive social control by shaping, reinforcing, or changing target audience’s cognitions, feelings, attitudes, beliefs, and behaviors. Persuasion involves volitional behaviors (that are inextricably intertwined with spontaneous, impulsive, mindless, or compulsive behaviors) and a significant cognitive load. Even if persuasion does not elicit negative feelings like various shortcuts to compliance (coercion, bribery, deception, manipulation of the dominant instincts, etc.), it generates ipso facto resistance to persuasion. Public relations specialists and other communication professionals can reduce or cope with resistance to persuasion by creating a low-pressure persuasion context, using evidential reasons, and following evidential rules. (shrink)

This article asks whether our moral duties are created by others’ non-compliance and whether we should fulfill them or not. For example, do we need to donate more of our income to eradicate world poverty because billionaires do not donate? If so, how much should we donate? In short, should we make up for others’ defaulting on their moral duties – and if so, how and to what extent? Such situations are called non-ideal circumstances in political philosophy. With the (...) increasing importance of non-ideal theories of justice and ethics, the question of how we should act in non-ideal situations has received more attention in the ethics literature in recent years. This article poses and addresses the question of whether we should take up the slack when others do not comply with their own moral duty. This article examines how consequentialism and contractualism might respond to non-ideal situations of taking up the slack and then defends a contractualist-constructivist approach to dealing with these situations. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

In the global justice literature, growing attention has been given to problems particular to a globalised economy such as tax competition. Political philosophers have started to reflect on how these problems intersect with theories of global justice. This paper explores the idea according to which action-guiding principles of justice can only be formulated at such intersections. This is the starting point from which I develop a ‘non-ideal theory’ of global justice. The methodology of this theory posits that principles of justice (...) are formulated according to the practice they are intended to regulate. Individual practices provide insights about the formulation of principles, for the non-ideal circumstances that prevent the realisation of justice are only revealed through the interpretation of each practice. With regard to the content of principles, I reject the notion that non-ideal theory is applied ideal theory. I offer instead an overview of the main features of a conception of justice for a non-ideal world based on the ideas of compliance, fact-sensitivity, feasibility and path-dependence. The contribution of this paper is twofold: to provide the conceptual framework for an action-guiding non-ideal theory of global justice and to show why this theory is well-suited to address problems of a globalised economy, such as tax competition. (shrink)

The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. It (...) examines the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

Regulation by design (RBD) is a growing research field that explores, develops, and criticises the regulative function of design. In this article, we provide a qualitative thematic synthesis of the existing literature. The aim is to explore and analyse RBD's core features, practices, limitations, and related governance implications. To fulfil this aim, we examine the extant literature on RBD in the context of digital technologies. We start by identifying and structuring the core features of RBD, namely the goals, regulators, regulatees, (...) methods, and technologies. Building on that structure, we distinguish between three types of RBD practices: compliance by design, value creation by design, and optimisation by design. We then explore the challenges and limitations of RBD practices, which stem from risks associated with compliance by design, contextual limitations, or methodological uncertainty. Finally, we examine the governance implications of RBD and outline possible future directions of the research field and its practices. (shrink)

With the existing commitments to climate change mitigation, global warming is likely to exceed 2°C and to trigger irreversible and harmful threshold effects. The difference between the reductions necessary to keep the 2°C limit and those reductions countries have currently committed to is called the ‘emissions gap’. I argue that capable states not only have a moral duty to make voluntary contributions to bridge that gap, but that complying states ought to make up for the failures of some other states (...) to comply with this duty. While defecting or doing less than one’s fair share can be a good move in certain circumstances, it would be morally wrong in this situation. In order to bridge the emissions gap, willing states ought to take up the slack left by others. The paper will reject the unfairness-objection, namely that it is wrong to require agents to take on additional costs to discharge duties that are not primarily theirs. Sometimes what is morally right is simply unfair. (shrink)

An increasing number of regulations propose the notion of ‘AI audits’ as an enforcement mechanism for achieving transparency and accountability for artificial intelligence (AI) systems. Despite some converging norms around various forms of AI auditing, auditing for the purpose of compliance and assurance currently have little to no agreed upon practices, procedures, taxonomies, and standards. We propose the ‘criterion audit’ as an operationalizable compliance and assurance external audit framework. We model elements of this approach after financial auditing practices, (...) and argue that AI audits should similarly provide assurance to their stakeholders about AI organizations’ ability to govern their algorithms in ways that mitigate harms and uphold human values. We discuss the necessary conditions for the criterion audit, and provide a procedural blueprint for performing an audit engagement in practice. We illustrate how this framework can be adapted to current regulations by deriving the criteria on which ‘bias audits’ for hiring algorithms can be performed, as required by the recently effective New York City Local Law 144 of 2021. We conclude by offering critical discussion on the benefits, inherent limitations, and implementation challenges of applying practices of the more mature financial auditing industry to AI auditing where robust guardrails against quality assurance issues are only starting to emerge. Our discussion as informed by experiences in performing these audits in practice highlights the critical role that an audit ecosystem plays in ensuring the effectiveness of such methodology. (shrink)

John Rawls thinks republicanism is compatible with his political liberalism. Philip Pettit insists that the two conflict in important ways. In this paper, I make sense of this dispute by employing David Chalmers’s method of elimination to reveal the meaning underlying key terms in Rawls’s political liberalism and Pettit’s republicanism. This procedure of disambiguating terms will show how the two theories defend the same institutional arrangement on the same grounds. The procedure thus vindicates Rawls’s view of the two theories being (...) compatible. The reason for this compatibility is that both theories are politicized—that is, they are constructed to attract the compliance of all reasonable members of a modern, pluralistic society. (shrink)

Recent work in moral philosophy has emphasized the foundational role played by interpersonal accountability in the analysis of moral concepts such as moral right and wrong, moral obligation and duty, blameworthiness, and moral responsibility (Darwall 2006; 2013a; 2013b). Extending this framework to the field of moral psychology, we hypothesize that our moral attitudes, emotions, and motives are also best understood as based in accountability. Drawing on a large body of empirical evidence, we argue that the implicit aim of the central (...) moral motives and emotions is to hold people - whether oneself or others - accountable for compliance with the demands of morality. Moral condemnation is based in a motive to get perpetrators to hold themselves accountable for their wrongdoing, not, as is commonly supposed, a mere retributive motive to make perpetrators suffer (�2). And moral conscience is based in a genuine motive to hold oneself accountable for behaving in accordance with moral demands, not, as is commonly supposed, a mere egoistic motive to appear moral to others (�3). The accountability-based theory of the moral motives and emotions we offer provides better explanations of the extant empirical data than any of the major alternative theories of moral motivation. Moreover, conceiving of moral psychology in this way gives us a new and illuminating perspective on what makes morality distinctive: its essential connection to our practice of holding one another accountable (�4). (shrink)

This paper examines the compliance of universities in the European Union with the UNESCO Recommendation concerning the Status of Higher–Education Teaching Personnel, which deals primarily with protection for academic freedom. The paper briefly surveys the European genesis of the modern research university and academic freedom, before evaluating compliance with the UNESCO recommendation on institutional autonomy, academic freedom, university governance and tenure. Following from this, the paper examines the reasons for the generally low level of compliance with the (...) UNESCO Recommendation within the EU states, and considers how such compliance could be improved. (shrink)

Accountability is a cornerstone of the governance of artificial intelligence (AI). However, it is often defined too imprecisely because its multifaceted nature and the sociotechnical structure of AI systems imply a variety of values, practices, and measures to which accountability in AI can refer. We address this lack of clarity by defining accountability in terms of answerability, identifying three conditions of possibility (authority recognition, interrogation, and limitation of power), and an architecture of seven features (context, range, agent, forum, standards, process, (...) and implications). We analyse this architecture through four accountability goals (compliance, report, oversight, and enforcement). We argue that these goals are often complementary and that policy-makers emphasise or prioritise some over others depending on the proactive or reactive use of accountability and the missions of AI governance. (shrink)

What should we do, aesthetically speaking, and why? Any adequate theory of aesthetic normativity must distinguish reasons internal and external to aesthetic practices. This structural distinction is necessary in order to reconcile our interest in aesthetic correctness with our interest in aesthetic value. I consider three case studies—score compliance in musical performance, the look of a mowed lawn, and literary interpretation—to show that facts about the correct actions to perform and the correct attitudes to have are explained by norms (...) internal to a practice. Practice-internal norms, however, cannot settle the distinct question of which practices we have reason to opt into. When it comes to the source of aesthetic normativity—in virtue of what aesthetic value is genuinely reason-giving—I argue that existing accounts, which appeal to pleasure or achievement, are inadequate. The only practice-external aesthetic requirement is a generic one to opt into at least some aesthetic practices. (shrink)

Data subject rights provide data controllers with obligations that can help with transparency, giving data subjects some control over their personal data. To date, a growing number of researchers have used these data subject rights as a methodology for data collection in research studies. No one, however, has gathered and analysed different academic research studies that use data subject rights as a methodology for data collection. To this end, we conducted a systematic literature review that searched, compiled, and analysed 32 (...) academic studies that use data subject rights as a data collection method. We find that the right of access is the most commonly-used data subject right by researchers, most studies are interested in measuring data subject rights compliance, and that a variety of difficulties exist in conducting research studies with data subject rights. We conclude that researchers should explore other data subject rights for alternative purposes, ease the process of exercising data subject rights, and improve the scalability of these studies. (shrink)

The book is a collection of papers and aims to unify the questions of syntax and semantics of language, which are included in logic, philosophy and ontology of language. The leading motif of the presented selection of works is the differentiation between linguistic tokens (material, concrete objects) and linguistic types (ideal, abstract objects) following two philosophical trends: nominalism (concretism) and Platonizing version of realism. The opening article under the title “The Dual Ontological Nature of Language Signs and the Problem of (...) Their Mutual Relations” provides a broad introduction into the problem area connected with this differentiation, while the logic-formal characteristics of the distinction are framed in the work entitled “On the Type-Token Relationships” (Chapter 1). The basic part of the book deals with issues relating to syntax (Chapters 2-4) and semantics of language (Chapters 5-6), as well as pertaining to syntactic-semantic pragmatic questions (Chapters 7-13). Throughout the book, language, categorial language, is characterized syntactically as generated by classical categorial grammar (Chapter 2) and formalized on two opposing levels: as language of expression-tokens (level of tokens) and language of expression-types (level of types). The author’s considerations contained in Chapters 2 and 4 lead to the important philosophical conclusion that in formal-logical syntactic studies on language the assumption that expression-types constitute the primary language layer while expression-tokens make the secondary one, can be neglected; thus, this speaks in favour of the opposing standpoint—the concretistic one—in the ontology of language syntax. In the works “Meaning and Interpretations”, Parts I and II (Chapters 5 and 6), it is underlined, however, that such semantic concepts as: meaning, denotation and interpretation are defined on the types level, yet their formal definitions require making use of notions of the tokens level. The semantic notions introduced in the above-mentioned articles are also used in the following works of the present selection, under the titles: “Three Principles of Compositionality” and “On Metaknowledge and Truth” (Chapters 7 and 8). They formalize two principles of compositionality that are well known in the literature on the subject, deriving from Frege, i.e. those of meaning and of denotation; they are related to the syntactic principle of compositionality which was introduced by the author. All the three principles are, at the same time, three conditions of homomorphism of categorial language algebra into three kinds of non-standard models of language (one syntactic and two semantic ones: intensional and extensional), which allows introducing three definitions of truthfulness into these models. The next two works in the collection, entitled: “On Language Adequacy” and “What is the Sense in Logic and Philosophy of Language” (Chapters 9 and 10) concern adequacy of categorial language syntax along with its dual semantics: intensional and extensional, and categorial compatibility of any of its syntactic categories with two corresponding semantic categories: intensional and extensional, based on the compatibility the syntactic category of each language expression with the ontological category assigned to its denotatum. The well-known problem of categorial compatibility for first-order quantifiers finds its solution in the paper “Categories of First-Order Quantifiers” (Chapter 11). In the work “Logic and Ontology of Language” (Chapter 12), being in a sense a summary of the considerations presented in the preceding chapters of the book, language is treated as an ontological being, characterized in compliance with the logical conception of language proposed by Ajdukiewicz. Application—like throughout the book—of tools of classical logic and set theory has resulted in emergence of a general formal logical theory of syntax, semantics and pragmatics of language, which takes into account duality in the understanding of linguistic expressions as tokens (concretes) and types (abstract objects). In terms that take into account a functional approach to language itself, there comes out an ontological neutrality of logic with respect to existential assumptions relating to the ontological nature of linguistic expressions and their extra-linguistic ontological counterparts. The issues connected with applying logic while explaining the manner of using linguistic tokens and linguistic types to determine notions of language communication are raised and illustrated in the last chapter of the work, bearing the title “A Logical Conceptualization of Knowledge on the Notion of Language Communication”. (shrink)

This essay develops Kant’s theory of reform to theorize racial justice reform. I assess the function of Kant’s philosophy of race as part of his nonideal theory of justice, which offers a racist pragmatic anthropology that uses the concept of race to determine the practical effectiveness of legislative reason. His philosophy of race defends a teleological account of the natural history of the human species to fulfill the requirements of justice and assumes that certain racial groups have failed to develop (...) their innate capacity for legislative reason. I show that we need an alternative Kantian nonideal theory of justice that demonstrates how legislative reason actualizes practical freedom. Rather than appeal to anthropology, I expand Kant’s model of public reason to advance racial justice reform under the conditions of partial compliance to the requirements of justice in a profoundly nonideal republic such as the U.S. I then showcase the promise—and limits—of the a priori ideals of citizenship and publicity for racial justice reform and introduce the ideal of interracial civic fellowship to guide the public use of reason in nonideal circumstances. (shrink)

While Strawsonians have focused on the way in which our “reactive attitudes”—the emotions through which we hold one another responsible for manifestations of morally significant quality of regard—express moral demands, serious doubt has been cast on the idea that non-blaming reactive attitudes direct moral demands to their targets. Building on Gary Watson’s proposal that the reactive attitudes are ‘forms of moral address’, this paper advances a communicative view of praise according to which the form of moral address distinctive of the (...) praise-manifesting reactive attitudes (approbation, gratitude) is moral invitation. Like moral demand, moral invitation is a species of directive address presupposing its target’s possession of distinctive agential capacities and, when valid, provides its addressee with reason to give the addressor’s directive discursive uptake. While blame’s demands issue imperatival reasons for compliance (e.g. to acknowledge wrongdoing, apologize, etc.), praise’s invitations provide discretionary reasons to accept credit in jointly valuing the significance of the act for the praiser. In addition to its phenomenological plausibility and contribution to the already fecund Watsonian-cum-Strawsonian program, the invitational view helps render intelligible the power of our praise practices to facilitate the formation and enrichment of our interpersonal relationships. (shrink)

I argue that recent attempts to show that meaning and content are not normative fail. The two most important arguments anti-normativists have presented are what I call the ‘argument from constitution’ and the ‘argument from guidance’. Both of these arguments suffer from the same basic problem: they overlook the possibility of focusing on assessability by norms, rather than compliance with norms or guidance by norms. Moreover, I argue that the anti-normativists arguments fail even if we ignore this basic problem. (...) Thus, we have not been given good reasons to think that normativism is false. (shrink)

Both in everyday life and in moral philosophy, many think that our own past wrongdoing can undermine our standing to indignantly blame others for similar wrongdoing. In recent literature on the ethics of blame, we find two different kinds of explanation for this. Relative moral status accounts hold that to have standing to blame, you must be better than the person you are blaming, in terms of compliance with the norm. Fault-based accounts hold that those who blame others for (...) things of which they are also guilty exhibit familiar moral faults, such as making an exception of oneself, and that these faults explain why they lack standing. I argue in support of relative moral status accounts, showing that they both better trace our practice of dismissing blame on the basis of lack of standing, and that they have more explanatory resources than has been appreciated. (shrink)

Speech acts are governed by a variety of illocutionary norms. Building on Sbisà’s (2019) work, this chapter attempts to develop a common framework to study them. Four families of illocutionary rules are identified: (i) Validity rules set conditions for (actual) performance; (ii) Cooperative rules set conditions for cooperative performance; (iii) Illocutionary goals set conditions for successful performance; (iv) Illocutionary obligations set conditions for compliance. Illocutionary rules are often taken to play a constitutive role: speech acts are said to be (...) constituted by the unique set of rules that regulates them. Against this view, it is argued that many illocutionary rules are instead best construed as rationally derivable expectations of cooperation. This alternative paradigm provides fertile ground to reconcile scholarly disagreement between speech act theorists, and yields a promising explanation of how illocutionary norms are learned and evolve through time. (shrink)

The Enkratic Principle enjoys something of a protected status as a requirement of rationality. I argue that this status is undeserved, at least in the epistemic domain. Compliance with the principle should not be thought of as a requirement of epistemic rationality, but rather as defeasible indication of epistemic blamelessness. To show this, I present the Puzzle of Inconsistent Requirements, and argue that the best way to solve it is to distinguish two kinds of epistemic evaluation – requirement evaluations (...) and appraisal evaluations. This allows us to solve the puzzle while accommodating traditional motivations for thinking of the Enkratic Principle as a requirement of rationality. (shrink)

Calls to hold artificial intelligence to account are intensifying. Activists and researchers alike warn of an “accountability gap” or even a “crisis of accountability” in AI. Meanwhile, several prominent scholars maintain that accountability holds the key to governing AI. But usage of the term varies widely in discussions of AI ethics and governance. This chapter begins by disambiguating some different senses and dimensions of accountability, distinguishing it from neighboring concepts, and identifying sources of confusion. It proceeds to explore the idea (...) that AI operates within an accountability gap arising from technical features of AI as well as the social context in which it is deployed. The chapter also evaluates various proposals for closing this gap. I conclude that the role of accountability in AI ethics and governance is vital but also more limited than some suggest. Accountability’s primary job description is to verify compliance with substantive normative principles—once those principles are settled. Theories of accountability cannot ultimately tell us what substantive standards to account for, especially when norms are contested or still emerging. Nonetheless, formal mechanisms of accountability provide a way of diagnosing and discouraging egregious wrongdoing even in the absence of normative agreement. Providing accounts can also be an important first step toward the development of more comprehensive regulatory standards for AI. (shrink)

This paper explores the level of obligation called for by Milton Friedman’s classic essay “The Social Responsibility of Business is to Increase Profits.” Several scholars have argued that Friedman asserts that businesses have no or minimal social duties beyond compliance with the law. This paper argues that this reading of Friedman does not give adequate weight to some claims that he makes and to their logical extensions. Throughout his article, Friedman emphasizes the values of freedom, respect for law, and (...) duty. The principle that a business professional should not infringe upon the liberty of other members of society can be used by business ethicists to ground a vigorous line of ethical analysis. Any practice, which has a negative externality that requires another party to take a significant loss without consent or compensation, can be seen as unethical. With Friedman’s framework, we can see how ethics can be seen as arising from the nature of business practice itself. Business involves an ethics in which we consider, work with, and respect strangers who are outside of traditional in-groups. (shrink)