Regulatory enforcement is a multifaceted phenomenon that revolves around the concept of discretion of Street-Level Bureaucrats (SLBs). Discretion can be defined as the ability to freely decide how to deliver services to the clients/public. Regulations are enforced by the decisions made by bureaucrats when they interact with clients. By combining street-level bureaucracy and responsive regulation theories, this study is set to examine how different factors shape the discretion of street-level bureaucrats. This study is built on available literature pertaining to SLBs (...) and policy implementation to provide a comprehensive understanding of regulation enforcement in Malaysia. SLBs are the Labor Inspectors responsible for the enforcement of minimum wage in Malaysia. The study’s main contribution is examining how personal characteristics, internal organizational factors, and a multidimensional enforcement style shape the discretion of bureaucrats in Malaysia. The study’s main finding highlights that Labor Inspectors in Malaysia demonstrate a range of enforcement style dimensions when enforcing the minimum wage. The novelty of this thesis highlights two primary constructs; willingness to implement and client meaningfulness, and their importance in shaping policy implementation and its effect on street-level bureaucrats' behavior. These constructs are also likely contributing to the imperfect enforcement of the minimum wage policy. Furthermore, this study demonstrates that enforcement style consists of three dimensions; legal, facilitation, and accommodation. Finally, this study's empirical finding highlights that street-level bureaucrats' discretion is influenced by various factors that ultimately define the enforcement process. (shrink)

Over the last few years, an increasingly sophisticated literature devoted to normative questions arising out of the enforcement of immigration law had developed. In this essay, I consider what sorts of constraints considerations of justice and legitimacy may place on the enforcement of immigration law, even if we assume that states have significant discretion in setting their own immigration policies, and that open borders are not required by justice. I consider constraints placed on state or national governments, constraints on (...) enforcement by substate governments, and constraints on the actions of individuals. I show that there are significant limits on what states may do and what they may require substate governments and individuals to do, in enforcing their immigration laws, but that these constraints are not clearly incompatible with significant state discretion in setting immigration policy. Nonetheless, consideration of justice in enforcement is necessary for any complete normative account of immigration. (shrink)

In debating the ethics of immigration, philosophers have focused much of their attention on determining whether a political community ought to have the discretionary right to control immigration. They have not, however, given the same amount of consideration to determining whether there are any ethical limits on how a political community enforces its immigration policy. This article, therefore, offers a different approach to immigration justice. It presents a case against legitimate states having discretionary control over immigration by showing both how (...) ethical limits on enforcement circumscribe the options legitimate states have in determining their immigration policy and how all immigrants (including undocumented immigrants) are entitled to certain protections against a state’s enforcement apparatus. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

It cannot be overstated that in recent times the gravity and complexity of irregular maritime migration have triggered concerns and debates in the academic domains of International Relations and International Law. The article examines how states’ compliance with, and enforcement of, international law and legal norms would tackle the challenges of irregular migration in the Indian Ocean region. The legislative and policy challenges regarding irregular migration can be analyzed under two segments. First, there is a lack of comprehensive discussion about (...) the sending and the receiving states’ commitments (regarding irregular migrants) to international law and legal norms. Secondly, deficit of comparative analysis to show how the littoral states comply with international law norms on migration and refugee influx. Such analysis from multiple perspectives would be helpful to get insights and make policy recommendations about how effectively international law norms could be enforced through national legislation and policy framework. (shrink)

This chapter argues that governments have a duty to take reasonably effective and humane steps to minimize the occurrence of unauthorized migration and stay. While the effects of unauthorized migration on a country’s citizens and institutions have been vigorously debated, the literature has largely ignored duties of fairness to would-be immigrants. It is argued here that failing to take reasonable steps to prevent unauthorized migration and stay is deeply unfair to would-be immigrants who are not in a position to bypass (...) visa regulations. Importantly, the argument here is orthogonal to the debate as to how much and what kinds of immigration ought to be allowed. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...) interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

The volume provides an updated perspective on international aspects of various developments in media and culture. It includes discussions on how the digital environment contributes to the transformation and re-interpretation of existing phenomena, such as violence-on-demand in online movies, the internet appeal of virtual gangsta rappers, or the revived battle rap tradition, which operates outside the commercial limitations of the music industry and generates more views on social media than most recording artists. -/- The book offers a new consideration of (...) long-term trends and developments, and demonstrates in various examples how formerly marginal practices like gaming or the previously shunned Turkish movie industry have turned into influential tools of social change. In addition, the reciprocity of media content and political settings is underlined in a focus on the Arab world and the reconstruction of impulses from transnational media outlets to recent forms of citizen journalism, as well as in the case of governments’ approaches to media policy in response to the COVID-19 pandemic. The book places the spotlight on pressing issues, such as the ongoing enforcement of information control in the name of public health or the local politics and practices that hinder the process of democratization in authoritarian systems. -/- . (shrink)

The Importance of Urban Planning and Strict Laws on Informal Settlements -/- Introduction -/- Urbanization is a global phenomenon, bringing both opportunities and challenges. Rapid population growth, especially in developing nations, has led to the rise of informal settlements or “squatter areas.” These settlements often lack proper infrastructure, sanitation, and legal recognition, creating social, economic, and environmental issues. Effective urban planning, combined with strict enforcement of land-use laws and inclusive housing policies, is essential to ensuring sustainable and livable cities. (...) This essay explores the importance of urban planning and strict laws against illegal settlements, using successful case studies from Singapore, Brazil, South Korea, the Philippines, and Ethiopia. -/- The Role of Urban Planning in Sustainable Cities -/- Urban planning is the process of designing and regulating the use of land to ensure the orderly development of cities. Proper urban planning provides essential services such as housing, transportation, sanitation, and green spaces, preventing the formation of illegal settlements. -/- Key Aspects of Effective Urban Planning -/- 1. Zoning Regulations – Defining areas for residential, commercial, and industrial use helps prevent uncontrolled development. -/- 2. Infrastructure Development – Roads, drainage, sewage systems, and utilities must be planned in advance to accommodate future growth. -/- 3. Disaster Risk Management – Cities must prevent settlements in flood-prone or hazardous areas to minimize risks to human life. -/- 4. Affordable Housing Programs – Governments should provide legal, affordable alternatives to illegal settlements. -/- Without proper urban planning, cities face overcrowding, pollution, poor sanitation, and increased crime rates. Case studies from different countries demonstrate the effectiveness of strong urban policies in addressing informal settlements. -/- Case Studies: Successful Urban Planning and Settlement Control -/- 1. Singapore: A Model for Integrated Public Housing -/- Singapore transformed from a city with severe housing shortages in the 1960s into one of the most well-planned urban environments in the world. The government’s Housing and Development Board (HDB) played a crucial role in developing affordable, high-quality public housing with integrated amenities such as schools, parks, and public transportation. -/- Key Strategies: ✔ Strict zoning laws prevented unregulated settlements. ✔ Homeownership was promoted through subsidized housing loans. ✔ Government-planned townships provided complete services. -/- Results: ✔ Over 80% of Singaporeans now live in well-planned public housing. ✔ Illegal settlements have been completely eliminated. -/- Singapore’s success demonstrates how strict land-use policies combined with affordable housing programs can prevent informal settlements. -/- 2. Brazil: Upgrading Informal Settlements Instead of Evictions -/- Rio de Janeiro faced a severe problem with favelas—informal settlements that grew due to rapid urban migration. Instead of mass evictions, the government launched the Favela-Bairro program (1994-2008), improving living conditions rather than displacing people. -/- Key Strategies: ✔ Infrastructure improvements (roads, sanitation, electricity). ✔ Community engagement ensured residents’ needs were met. ✔ Legal property rights were granted to residents. -/- Results: ✔ Over 250,000 residents benefited from improved housing conditions. ✔ Crime and poverty rates declined as favelas were integrated into the formal city. -/- Brazil’s approach shows that slum upgrading can be a viable alternative to forced eviction, improving both human welfare and urban order. -/- 3. South Korea: Urban Renewal in Seoul (Cheonggyecheon Project) -/- Seoul’s Cheonggyecheon River was once covered by illegal settlements and highways. The government removed the informal settlements, revitalizing the area into a public green space. -/- Key Strategies: ✔ Slum clearance and restoration of natural spaces. ✔ Improved public transport (bus rapid transit) reduced congestion. ✔ Business relocation incentives prevented economic disruption. -/- Results: ✔ 35% reduction in air pollution, making Seoul more livable. ✔ Increased property values and economic growth. -/- This case highlights how urban renewal projects can enhance sustainability, public health, and economic opportunities while addressing informal settlements. -/- 4. The Philippines: Housing and Resettlement Programs -/- Metro Manila faces a long-standing issue of informal settlers occupying flood-prone and government-owned areas. The Philippine government introduced various strategies, including in-city relocation, socialized housing, and land clearing operations. -/- Key Strategies: ✔ Balik Probinsya, Bagong Pag-asa (BP2) Program: Encouraged migration from overcrowded cities with financial aid. ✔ Vertical housing solutions: High-rise social housing projects maximized limited land. ✔ Land clearing operations: Removed settlements from hazardous areas. -/- Results: ✔ Some success in decongesting Metro Manila, but rapid urban migration remains a challenge. ✔ Affordable housing remains a priority for sustainable urban development. -/- The Philippines’ experience shows that a combination of enforcement and social programs is necessary to manage informal settlements effectively. -/- 5. Ethiopia: Large-Scale Public Housing (Addis Ababa’s Condominium Program) -/- Ethiopia faced a housing crisis, with 70% of Addis Ababa’s population living in informal settlements. The government launched a large-scale condominium housing program to address the issue. -/- Key Strategies: ✔ Government-built high-rise condominiums replaced slums. ✔ Low-interest loans made homeownership possible for low-income families. ✔ Priority was given to families displaced by urban renewal projects. -/- Results: ✔ Significant reduction in slums as many moved into formal housing. ✔ Homeownership increased, improving living conditions. -/- Ethiopia’s approach highlights how government-led mass housing projects can transform urban development. -/- Lessons from Successful Urban Planning -/- 1. Strict Land-Use Laws Prevent Slums from Forming ✔ Clearly defining residential, commercial, and public spaces prevents illegal occupation. -/- 2. Affordable Housing is Essential ✔ Governments must provide low-cost housing as a legal alternative to informal settlements. -/- 3. Upgrading Slums Can Be More Effective Than Evictions ✔ Programs like Favela-Bairro (Brazil) and Ethiopia’s condominium projects show that improving existing settlements works better than forced displacement. -/- 4. Technology Can Help Monitor and Prevent Illegal Settlements ✔ GIS mapping and AI tracking can detect unauthorized land occupation. ✔ E-governance systems can simplify property registration and land-use approvals. -/- 5. Community Engagement is Critical ✔ Urban planning must involve local residents to ensure sustainability and social acceptance. -/- 6. Economic and Livelihood Programs Reduce Informal Settlements ✔ Job creation, microfinance, and small business support help low-income families transition into formal housing. -/- Conclusion -/- Urban planning and strict laws against informal settlements are crucial for creating sustainable, safe, and prosperous cities. Case studies from Singapore, Brazil, South Korea, the Philippines, and Ethiopia demonstrate that a balanced approach—combining strict enforcement, affordable housing, and community-driven solutions—leads to long-term success. Governments worldwide must prioritize sustainable housing, infrastructure development, and urban regulations to ensure that growing populations are accommodated in a way that promotes both human dignity and urban order. -/- By learning from successful models and implementing proactive urban policies, cities can prevent slums, improve living conditions, and build a more sustainable future for all. -/- . (shrink)

The authority to use force, including lethal force is a defining feature of the police profession. The emergence and incorporation of the Miranda doctrine in our criminal law, and its attached misconceptions made it inevitable to determine the understandings of the Philippine law enforcers. There is a limited number of research studies conducted that are connected with the PNP. This implies demand studies centralizing on the use of reasonable force and observance of Miranda Warnings in effecting the arrest of suspected (...) criminals. The study is a quantitative analysis of the relationship between the individual, situational, and organizational predictors to the use of reasonable force and observance of Miranda Warnings among PNP personnel particularly the Police Patrol Personnel assigned as Beat Patrol Personnel, Compact Personnel, and Arresting Officers, during police-civilian encounters. Utilizing Google survey forms as the primary tool to gather and evaluate data, the self-constructed survey to be utilized is anchored on the Deference Exchange Theory, Naturalistic Decision Making (NDM) approach, and the Police-Public Contact Survey (PPCS). The findings of this study imply that factors affecting the use of reasonable force and observance of Miranda warnings significantly influence the enhancement of law enforcement interventions. From the results of the study, it may be concluded that the factors affecting the use of reasonable force and observance of Miranda warnings are more likely to contribute interventions to the Philippine National Police, as an organization, a significant enhancement in law enforcement. Recommendations were proposed based on the findings and conclusion of this study. Based on the findings of this study, the following recommendations are proposed for the PNP leadership to provide written policy to be used as operational guidelines for all PNP personnel during the conduct of arrest of suspected criminals: (a) When conducting police operations and apprehending criminal suspects, male police officers shall use reasonable force; (b) Continuous education and training for law enforcement personnel; (c) Active aggression coupled with the present ability to carry out the threat or assault, which reasonably indicates that an assault or injury to a person appears imminent by crime suspects should be physically restrained with force”; (d) To be quick to use physical force in situations where the incident is critical and dangerous; (e) The arresting police officer informs the suspect that he/she has the right to remain silent”; and (f) The Arresting Police Officer informs. (shrink)

The opacity of some recent Machine Learning (ML) techniques have raised fundamental questions on their explainability, and created a whole domain dedicated to Explainable Artificial Intelligence (XAI). However, most of the literature has been dedicated to explainability as a scientific problem dealt with typical methods of computer science, from statistics to UX. In this paper, we focus on explainability as a pedagogical problem emerging from the interaction between lay users and complex technological systems. We defend an empirical methodology based on (...) field work, which should go beyond the in-vitro analysis of UX to examine in-vivo problems emerging in the field. Our methodology is also comparative, as it chooses to steer away from the almost exclusive focus on ML to compare its challenges with those faced by more vintage algorithms. Finally, it is also philosophical, as we defend the relevance of the philosophical literature to define the epistemic desiderata of a good explanation. This study was conducted in collaboration with Etalab, a Task Force of the French Prime Minister in charge of Open Data & Open Government Policies, dealing in particular with the enforcement of the right to an explanation. In order to illustrate and refine our methodology before going up to scale, we conduct a preliminary work of case studies on the main different types of algorithms used by the French administration: computation, matching algorithms and ML. We study the merits and drawbacks of a recent approach to explanation, which we baptize input-output black box reasoning or BBR for short. We begin by presenting a conceptual framework including the distinctions necessary to a study of pedagogical explainability. We proceed to algorithmic case studies, and draw model-specific and model-agnostic lessons and conjectures. (shrink)

Plato put housing second only to a secure food supply in the order of business of an emerging polis [Republic 2.369d); we argue, without quibbling over rank, that adequate housing ought to have fundamental priority, with health and education, in civil societies' planning, budgets, and legislative agendas. Something made explicit in the Platonic Laws, and often reiterated by today's poor — but as often forgotten by bureaucrats— is that human wellbeing, eudaimonia, is impossible for the homeless. That is, adequate housing (...) is valuable to human societies independently of its instrumental role in supporting the safety, health, and education of the populace. Currently, governments all too frequently end up undermining their own health and education programs as a direct result of neglecting the housing needs of the poor. Finally, we argue that governments ought now to be using the low-cost ways that already exist to provide, or to promote the provision of, better housing for their increasingly urbanized populations; further, even in those circumstances where it is necessary to subsidize housing, governments' most important role is to develop just regulatory and enforcement systems within which public- and private-sector investment can operate. (shrink)

According to statistics, there is an increasing gun-related deaths, violence and trafficking of small arms are emergent consequents of failure towards gun regulation and irresponsible gun ownership worldwide. Thus, this study was conducted to examine the implementation of the Gun Control Policy in Caraga Region focusing on the aspect of enforcement and monitoring. Also, the study aimed to investigate the problems encountered in the implementation of the gun control policy in enforcement and monitoring with the gun owners/operators and PNP personnel (...) as respondents. This study was conducted using the descriptive correlational research design. The study revealed the following findings: Majority of the Gun Operator/Owner respondents are college level, employed to private institutions who owned 1 to 2 guns, license for 1-5 years, mostly under type-1 category. For the PNP Personnel respondents, most of them are purely Baccalaureate holders who served the organization for 6-10 years and have 5 to 10 years’ experience as licensing officers. In terms of the enforcement and monitoring of the gun control policies, the respondents basically rated it as Highly Implemented. On the test of significance, there was a significant difference on the assessment of the respondents in gun control policy monitoring but showed to have no significant difference on the respondent’s assessment in enforcement. Both Gun owners and PNP respondents considered the problems encountered in enforcement and monitoring as highly prevalent problems. On the test of significance, there was no significant difference in the assessment of the respondents for both enforcement and monitoring of Gun Control policies. On the test of significant relationship, there was a significant relationship on the Gun control policies enforcement and monitoring with its problems encountered. It can be concluded that the Gun Control policies were fairly implemented by the government despite the challenges like the problems encountered in its enforcement and monitoring. The problems encountered in enforcement and monitoring were highly prevalent thus it needs serious actions by the PNP organization. It can further be concluded that there is a correlation between the Gun control policies and its problems encountered. Thus, the PNP must conduct series of orientation and forum among the gun owners / operators to strengthen the implementation of the gun control policies, must adopt technology in a form of online app design to hasten the documentation and tracing of expired gun licenses, create more information campaign to prevent gun violence in the future maximizing various platforms, must create “hotline” call center as support mechanism in monitoring unregistered and lost firearms and create online gun licensing system. (shrink)

This paper examines the 'taking back control' over immigration arguments offered for Brexit and for reinforcing the Southern border of the United States. According to these arguments, Brexit and increased border enforcement were needed to ensure collective self-governance for the peoples of Britain and the United States. I argue that 1. In fact these policies did little to enhance collective self-governance properly understood, and 2. They actually thwarted collective self-governance due their racially exclusionary effects on people of color in (...) Britain and the United States. (shrink)

This contribution explores disability rights protection in Inter-American States within the framework of the OAS and in the context of the obligations established under the CIADDIS and the CRPD. Following the classical division between ‘primary’ and ‘secondary’ rules,3 the contribution first sketches key regulatory initiatives in the area of disability rights and second considers compliance and enforcement mechanisms. Along these lines, the first section illustrates similarities and differences between the CIADDIS and the CRPD and, within this framework, essential regional regulatory (...) initiatives. The second section assesses disability rights in select countries, based on periodic reports under the CIADDIS and CRPD. The section examines the four largest countries by population in the region, notably, the United States of America (‘US’), Mexico, Brazil and Colombia.4 The third section explores the enforcement of disability rights via key cases before the Inter-American Commission on Human Rights (‘IAComHR’) and the Inter-American Court of Human Rights (‘IACtHR’). The purpose is to provideing a comprehensive understanding of disability rights in the region and identifying key regulatory problems and ways forward. (shrink)

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...) I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

The Responsibility of Freedom of Speech and the Role of Media in Propagating Correct Knowledge -/- In modern societies, freedom of speech is often heralded as a fundamental right, allowing individuals to express their thoughts and opinions freely. However, the concept of absolute freedom of speech is not without its flaws. When viewed through the lens of natural laws, including the universal law of balance, the unchecked exercise of speech can lead to societal imbalances. It is essential to recognize that (...) while individuals should be allowed to voice their opinions, this freedom comes with the responsibility to ensure that speech contributes positively to societal harmony, personal growth, and the well-being of others. This responsibility extends beyond individual action and applies to all forms of media, which play a significant role in shaping public discourse and the flow of information. -/- The Concept of Freedom of Speech and its Pitfalls -/- Freedom of speech, in its ideal form, allows individuals to express their ideas and beliefs without fear of censorship or retribution. This principle is grounded in the belief that diverse viewpoints contribute to the flourishing of democratic societies. However, the unrestricted nature of this freedom can also lead to unintended consequences. When individuals or groups disseminate harmful misinformation, spread hate speech, or manipulate public sentiment for selfish gain, the foundational balance within society is disrupted. The unchecked expression of falsehoods or inflammatory rhetoric can create divisions, incite violence, or foster ignorance—outcomes that are contrary to the well-being of individuals and the harmony of society. -/- The spreading of false beliefs, misinformation, or gossip can be especially damaging. Such behavior not only distorts reality but also erodes trust within communities, making it more difficult for people to distinguish between truth and falsehood. False beliefs can lead to irrational fears, biases, or hatred, and when spread, they contribute to the further fragmentation of societies. In the age of digital media, these harmful narratives can quickly go viral, reaching vast audiences before they can be corrected, amplifying their negative impact. -/- From the perspective of the universal law of balance, the free exchange of ideas must be aligned with the greater good, ensuring that speech contributes to constructive discourse and societal progress. Words are powerful, and their impact on both the individual and collective mind can shape reality in profound ways. Therefore, freedom of speech should not be seen as an absolute right devoid of responsibility. Rather, it must be accompanied by an awareness of its potential effects and a commitment to using it to foster understanding, unity, and truth. -/- The Role of Media In Shaping Knowledge -/- Media, whether traditional or digital, plays a central role in how information is disseminated to the public. In today’s interconnected world, media outlets, including news organizations, social media platforms, and content creators, have an unprecedented influence on shaping public opinion. Given this influence, media must be held to high standards of responsibility, as it is the primary vehicle through which society consumes knowledge. -/- The responsibility of the media extends beyond merely reporting facts; it includes the duty to ensure the accuracy, reliability, and relevance of the information shared. Media outlets must prioritize the dissemination of truth, fact-check their sources, and avoid sensationalism that can distort public perception. Misinformation, especially when propagated through powerful media channels, can have lasting consequences on public trust, societal stability, and personal decision-making. The rapid spread of gossip, rumors, or fake news can lead to unnecessary panic, conflict, or even harm, demonstrating the real dangers of unchecked speech. -/- In the age of information overload, the role of the media is to sift through the noise and present knowledge in a balanced, accessible, and responsible manner. This involves not only reporting on events but also offering analysis and context that help the public understand the deeper implications of the information being shared. Media must act as a filter, ensuring that the knowledge people receive aligns with reality, helps individuals make informed decisions, and contributes to the greater good. -/- The Need for Media Literacy and Accountability -/- As media consumers, individuals must also take responsibility for their engagement with information. Media literacy—the ability to critically analyze, evaluate, and interpret media content—is a crucial skill in today’s world. With the proliferation of social media platforms, where misinformation can spread rapidly, it is more important than ever for individuals to be discerning about the sources of information they trust. Education systems worldwide must prioritize media literacy as part of their curricula, teaching students how to identify credible sources, distinguish between fact and opinion, and recognize the potential for manipulation in media messages. -/- For the youth, empowering them to critically engage with media is especially vital. With the rise of social media and peer-to-peer communication, young people are particularly susceptible to the influence of misinformation and gossip. The spread of rumors or false information among peer groups can have serious social consequences, including damaged reputations, broken friendships, and even bullying. It is essential to foster a sense of personal responsibility in the youth by teaching them the importance of verifying information before sharing it and the harmful effects of spreading unverified or negative content. -/- Youth should be empowered to practice empathy and discernment when interacting with information. Schools, families, and communities can collaborate to teach the younger generation about the consequences of gossip and misinformation—how they can harm individuals, societies, and even themselves. Encouraging open dialogue about the ethical use of information and the value of truth can help instill the importance of responsible speech in the youth. By creating a culture that values truth over sensationalism and empathy over gossip, we can work toward a more informed and balanced society. -/- At the same time, media organizations must be held accountable for the content they produce and share. This accountability requires strong ethical guidelines and transparency, ensuring that media outlets prioritize public welfare over profits or political agendas. The role of media is not merely to entertain or persuade but to educate, inform, and serve as a reliable source of knowledge. Failure to adhere to these responsibilities can lead to misinformation, polarization, and the erosion of public trust. -/- The Importance of Legal Laws in Preventing the Spread of False Information -/- While personal responsibility and media literacy are essential, legal frameworks also play a crucial role in curbing the spread of false information. In the Philippines, laws like the Cyber Libel Law (Republic Act No. 10175) serve as vital tools for combating online defamation, false information, and harmful content. This law holds individuals accountable for spreading libelous statements or malicious rumors online, providing a legal recourse for those affected by misinformation. -/- Such legal measures are important because they act as deterrents, encouraging individuals and organizations to think carefully before sharing content that could harm others or society at large. Legal laws like the Cyber Libel Law help ensure that the digital space is not misused for malicious purposes, such as spreading false beliefs, gossip, or misinformation that can cause public harm. These laws serve to protect individuals’ reputations and prevent the viral spread of content that could lead to social unrest or personal injury. -/- Furthermore, legal frameworks can also push media outlets and digital platforms to take more proactive measures in monitoring and controlling the spread of misinformation. By enforcing penalties for the dissemination of harmful content, governments can encourage media organizations and platforms to adopt stricter content policies and invest in fact-checking mechanisms. Legal safeguards not only protect individuals but also promote accountability, ensuring that those responsible for the creation and dissemination of false information are held liable. -/- While freedom of speech is crucial, the presence of legal frameworks ensures that this right is not abused to the detriment of others. These laws help strike a balance between protecting the right to express opinions and maintaining societal harmony by preventing the spread of falsehoods and malicious gossip. -/- The Balance Between Freedom of Speech and Responsibility -/- In light of the universal law of balance, freedom of speech must be exercised with a sense of duty. The right to express oneself must not come at the expense of societal harmony or the well-being of others. Media, as a conduit for knowledge and discourse, must prioritize accuracy, accountability, and ethical standards in its operations. This includes ensuring that the information they share is balanced, relevant, and rooted in truth. -/- At the same time, it is important to recognize that all individuals, including media practitioners, are part of a larger system. Every word spoken, every article written, and every broadcast made contributes to the collective reality we all experience. The impact of these actions ripples out into society, influencing minds, shaping behaviors, and creating a feedback loop that can either strengthen or weaken the fabric of society. By embracing responsibility in speech and media practices, we can help ensure that our collective decisions align with the natural balance of the world around us, fostering a society that values truth, understanding, and mutual respect. -/- Conclusion -/- The concept of freedom of speech, while important, cannot be viewed as a blanket entitlement devoid of responsibility. The power of speech, when unchecked, can disrupt the natural balance of society, leading to harm, division, and ignorance. Media, as a central vehicle for disseminating knowledge, holds a critical responsibility in ensuring that the information shared is accurate, reliable, and serves the greater good. In this context, freedom of speech should be understood as a tool for fostering truth and unity, not as an unregulated license to mislead or divide. -/- Legal frameworks, such as the Cyber Libel Law, provide essential safeguards, holding individuals accountable for the harm caused by false information. By aligning speech and media practices with the principles of balance, responsibility, and truth, society can move toward a more informed, harmonious, and just future. Moreover, empowering the youth to become responsible consumers and sharers of information is essential in cultivating a generation that values truth, empathy, and ethical communication, ultimately promoting a balanced and well-informed society. -/- . (shrink)

Artificial intelligence research and regulation seek to balance the benefits of innovation against any potential harms and disruption. However, one unintended consequence of the recent surge in AI research is the potential re-orientation of AI technologies to facilitate criminal acts, term in this article AI-Crime. AIC is theoretically feasible thanks to published experiments in automating fraud targeted at social media users, as well as demonstrations of AI-driven manipulation of simulated markets. However, because AIC is still a relatively young and inherently (...) interdisciplinary area—spanning socio-legal studies to formal science—there is little certainty of what an AIC future might look like. This article offers the first systematic, interdisciplinary literature analysis of the foreseeable threats of AIC, providing ethicists, policy-makers, and law enforcement organisations with a synthesis of the current problems, and a possible solution space. (shrink)

The Importance of Socialist Principles in Balancing the Increasing Efficiency of Capitalism -/- Capitalism, as an economic system, thrives on innovation, competition, and efficiency. Over the centuries, it has fueled unprecedented advancements in technology, productivity, and global economic growth. However, capitalism’s focus on profit maximization and market efficiency often comes at the expense of social equity, environmental sustainability, and human well-being. This imbalance creates systemic issues such as income inequality, labor exploitation, and resource depletion. In this context, the integration of (...) socialist principles is essential to balance the increasing efficiency of capitalism and address its inherent shortcomings. -/- Mitigating Income Inequality -/- One of the most pressing consequences of capitalism’s efficiency is the widening gap between the wealthy elite and the working majority. As technological advancements increase productivity and profitability, the benefits often accumulate disproportionately to capital owners rather than laborers. Socialist principles, such as progressive taxation, wealth redistribution, and Universal Basic Income (UBI), can ensure that the gains of economic growth are shared more equitably across society. UBI, which involves providing all citizens with a guaranteed, unconditional income, offers a safety net for those displaced by automation and economic disruptions. Countries like Finland and Canada have piloted UBI programs, demonstrating its potential to reduce poverty, improve mental health, and foster economic stability by giving individuals the means to participate in the economy without fear of financial insecurity. -/- Protecting Workers’ Rights -/- Capitalism’s relentless pursuit of efficiency frequently leads to labor exploitation, such as low wages, poor working conditions, and job insecurity. Automation and artificial intelligence, while enhancing productivity, also threaten to displace millions of workers. Socialist principles emphasize the protection of workers’ rights through fair wages, safe workplaces, and collective bargaining. In Germany, for instance, co-determination policies ensure that workers have representation on corporate boards. Coupled with concepts like UBI, workers can face technological disruptions with greater resilience, as basic income offers a cushion against job displacement while they retrain or transition to new opportunities. -/- Promoting Environmental Sustainability -/- Capitalism’s focus on short-term profits often overlooks long-term environmental consequences. The pursuit of economic growth has led to overconsumption, pollution, and climate change, threatening the planet’s ecosystems and future generations. Socialist principles prioritize the common good over individual profit and advocate for sustainable development. Denmark has demonstrated this balance by integrating socialist-inspired environmental policies within its mixed economy. The country invests heavily in renewable energy and enforces strict environmental regulations. Additionally, concepts from Modern Monetary Theory (MMT) could play a crucial role in funding sustainability initiatives. MMT posits that governments with sovereign currencies can issue money to finance large-scale public projects without being constrained by budget deficits, as long as inflation remains under control. This framework could help finance green energy transitions and other critical investments needed to address climate change. -/- Ensuring Social Cohesion -/- Unbridled capitalism fosters competition and individualism, which can erode social cohesion and create divisions within society. Socialist principles, by contrast, emphasize solidarity, cooperation, and community well-being. A balanced approach to capitalism involves fostering a sense of shared responsibility for societal progress. Universal Basic Income is a key tool for enhancing social cohesion, as it guarantees a minimum standard of living for everyone, reducing inequality and poverty. For example, in Canada, the pilot UBI program in Ontario demonstrated how such initiatives could strengthen the social fabric by reducing financial stress, encouraging education, and improving health outcomes. When coupled with policies like free access to healthcare and education, socialist principles create a society where all members feel valued and supported. -/- Encouraging Ethical Capitalism with Modern Monetary Theory -/- Modern Monetary Theory provides a vital framework for ethical capitalism by allowing governments to prioritize public well-being over austerity measures. By rethinking budgetary constraints, MMT enables the funding of universal programs such as healthcare, education, and UBI. For example, New Zealand has embraced well-being-focused budgeting, prioritizing resources for mental health, child poverty reduction, and environmental protection. This approach aligns with socialist principles, ensuring that economic policies serve broader societal goals rather than simply maximizing GDP growth. MMT challenges the traditional capitalist notion that government spending must always be offset by tax revenues, opening the door for innovative social programs that benefit all. -/- Conclusion -/- While capitalism has proven to be a powerful engine for innovation and economic growth, its increasing efficiency can exacerbate systemic issues such as inequality, exploitation, and environmental degradation. Socialist principles provide a vital counterbalance, emphasizing fairness, equity, and collective responsibility. Tools like Modern Monetary Theory and Universal Basic Income further enhance the potential of socialist principles to address these challenges. Countries such as Finland, Germany, Denmark, Canada, and New Zealand exemplify how mixed economic systems can combine the strengths of capitalism with the equity of socialism. By adopting these principles, societies can create a sustainable and inclusive economic system that harnesses the strengths of capitalism while mitigating its weaknesses. In an era of rapid technological advancement and global interconnectivity, this balance is more important than ever for building a just and resilient future. -/- . (shrink)

The Consequences of Human Overpopulation: Nature’s Automatic Balancing Mechanism -/- Introduction -/- Throughout history, civilizations have risen and fallen due to their ability—or failure—to manage resources and population growth. In today’s world, human overpopulation has reached an unprecedented scale, straining ecosystems, depleting resources, and accelerating climate change. If population growth remains unchecked, nature will impose its own form of balance through disease, war, famine, and environmental collapse. This essay explores how overpopulation mirrors invasive species behavior and how nature’s corrective mechanisms (...) will inevitably restore equilibrium if humans fail to act. -/- Human Overpopulation as an Invasive Species Phenomenon -/- In ecology, an invasive species is one that spreads uncontrollably, outcompeting native species and destabilizing ecosystems. Humans fit this description in many ways. Over the past centuries, human populations have expanded across the planet, altering environments, driving species to extinction, and consuming resources at an unsustainable rate. -/- Characteristics of an Invasive Species in Human Behavior: -/- 1. Uncontrolled Growth – The human population has increased exponentially, surpassing eight billion and continuing to rise. -/- 2. Resource Overconsumption – Forests are cleared, water sources are depleted, and fossil fuels are burned at unsustainable rates. -/- 3. Disruption of Ecosystems – Pollution, habitat destruction, and climate change have permanently altered natural cycles. -/- 4. Lack of Natural Population Control – Unlike other species, humans have eliminated most natural predators and diseases through medicine and technology. -/- When any species exceeds the carrying capacity of its environment, nature enforces balance through survival pressures. Humanity is not exempt from this rule. -/- Nature’s Methods of Population Control -/- If humans fail to regulate their own numbers, natural forces will intervene. The following mechanisms have historically served as population checks and will continue to do so: -/- 1. Disease and Pandemics -/- Throughout history, pandemics have significantly reduced human populations. The Black Death in the 14th century wiped out nearly 50% of Europe’s population, and more recently, COVID-19 caused millions of deaths worldwide. Overpopulation leads to dense urban areas where diseases spread rapidly. Additionally, antibiotic resistance and new viruses could emerge as unintended consequences of human activity, leading to more devastating outbreaks. -/- 2. War and Conflict -/- As resources become scarce, competition intensifies. Wars often arise from disputes over land, water, food, and energy. In modern times, conflicts in regions suffering from overpopulation and resource depletion—such as the Middle East and parts of Africa—demonstrate this pattern. Future conflicts over freshwater, fertile land, and energy resources are highly likely. -/- 3. Famine and Food Shortages -/- The global food supply is under strain as agricultural land becomes exhausted and climate change disrupts weather patterns. As the population grows, the demand for food increases, but overfarming leads to soil degradation, making it harder to produce enough food. Countries already facing food insecurity will suffer the most, leading to malnutrition, starvation, and potential mass migrations. -/- 4. Environmental Collapse -/- Unchecked human activity is leading to deforestation, biodiversity loss, and pollution. Climate change, fueled by overpopulation and industrialization, is causing more frequent and severe natural disasters, including hurricanes, droughts, and wildfires. These environmental catastrophes will destroy infrastructure, displace millions, and further strain already limited resources. -/- 5. Social Breakdown and Crime -/- Overpopulation leads to overcrowded cities, economic inequality, and competition for jobs and resources. In societies where basic needs cannot be met, crime rates rise, and social unrest becomes more frequent. Countries with high population densities and weak governance structures are already experiencing increased violence, civil conflicts, and failing economies. -/- Can Humanity Avoid Nature’s Harsh Correction? -/- Unlike other species, humans have the ability to recognize and mitigate the consequences of their actions. There are two possible paths: -/- 1. Self-Regulation Through Sustainable Policies -/- Governments and organizations can promote family planning, education, and birth control to stabilize population growth. -/- Shifting toward sustainable agriculture, renewable energy, and resource conservation can help prevent environmental collapse. -/- Strengthening international cooperation to manage resource distribution and prevent conflicts can reduce the risks of war and famine. -/- 2. Ignoring the Problem and Facing Natural Consequences -/- If humanity refuses to control its population, disease, war, famine, and environmental collapse will enforce balance. -/- The poorest regions will suffer first, but wealthier nations will also experience economic decline, migration crises, and societal breakdown. -/- Conclusion -/- Human overpopulation follows the pattern of an invasive species, consuming resources at an unsustainable rate and destabilizing ecosystems. While humans have the intelligence and technology to regulate their own numbers, history suggests that if we fail to act, nature will impose balance through suffering and destruction. Whether through pandemics, war, famine, or climate disasters, population control will occur—either by human intervention or by nature’s unforgiving hand. -/- The choice is clear: Will humanity take responsibility for its future, or will we wait for nature to correct our mistakes in the most brutal way possible? -/- . (shrink)

The COVID-19 pandemic has brought significant challenges to healthcare systems worldwide, and in Africa, given the lack of resources, they are likely to be even more acute. The usefulness of Traditional African Healers in helping to mitigate the effects of pandemic has been neglected. We argue from an ethical perspective that these healers can and should have an important role in informing and guiding local communities in Africa on how to prevent the spread of COVID-19. Particularly, we argue not only (...) that much of the philosophy underlying Traditional African Medicine is adequate and compatible with preventive measures for COVID-19, but also that Traditional African Healers have some unique cultural capital for influencing and enforcing such preventive measures. The paper therefore suggests that not only given the cultural context of Africa where Traditional African Healers have a special role, but also because of the normative strength of the Afro-communitarian philosophy that informs it, there are good ethical reasons to endorse policies that involve Traditional Healers in the fight against COVID-19. We also maintain that concerns about Traditional African Healers objectionably violating patient confidentiality or being paternalistic are much weaker in the face of COVID-19. (shrink)

2019 Applied Technology Award for the Media and the Moving Image Awards at University of Houston. -/- The Google algorithm, as a ranking and ordering structure, cannot be “objective” as long as the page-ranking mechanism produces social effects and always inadvertently and inescapably affects social priorities. Imitable units of information (memes) on the internet change according to the laws of exponential growth, like other social phenomena, which include Google rankings. Mathematically and graphically represented, the effects of mimetic inflation on Google (...) rankings and other site-specific information can be proposed and projected. Current algorithmic policies may actually preserve and exaggerate the social priorities of the status quo in spite of “objective” intentions. These considerations in mind, the concept of “monology”, “the monopoly on information”, might be implemented to further analyze network effects online. Algorithmic regulation could be used to enforce artificial inequalities, to permit natural inequalities, or to enforce artificial equalities: each option has implications for the justice and fairness of online and offline environments. (shrink)

This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...) immigration enforcement purposes, they often undermine these original aims or get used in ways that conflict with the U.S. Constitution. These concerns should prompt us therefore either to reject the government’s plenary power over immigration or require the federal government to be more consistent about maintaining the separation between criminal law and immigration law. (shrink)

The first wave of philosophical work on global justice focused largely on the distribution of economic resources, and on the development or reformation of institutions relevant thereto. More recently, however, the horizon has broadened significantly, to also include a concern with the global spread of the right to live under reasonable legal institutions and representative forms of government (cf. “a human right to democracy”). Thus, while the first wave was focused primarily on international (non-territorial) institutions, later work has also brought (...) critical focus to bear on domestic institutions traditionally assumed to be protected by rights of state sovereignty. This naturally raises the question of whether, when, and how the international community can coercively intervene in issues falling under assumed to fall under domestic jurisdiction. Many theorists of global justice will accept, however reluctantly, that coercive means such as military force may be used (even unilaterally, if necessary) to halt a government’s mass atrocities against its civilian population (so-called “humanitarian intervention”). They are, however, for the most part firmly opposed to the use of military force as a tool to force regime change or democratic reform. I will discuss the viability of this stance along two dimensions: (i) can we draw a morally relevant distinction between humanitarian intervention and regime change policies? (ii) can we draw a morally relevant distinction between the use of military force as a policy tool and the use of other kinds of coercive measures such as economic sanctions? (shrink)

This paper offers a critical examination of two recent American Supreme Court verdicts, Masterpiece Cake Shop v Colorado Civil Rights Commission and Trump v Hawaii. In Masterpiece the Court ruled against the state of Colorado on grounds that religious bias on the part of state officials undermines government’s authority to enforce a policy that might otherwise be constitutional. In Trump the Court ruled in favor of an executive order severely restricting immigration from seven countries, five of which are Muslim majority. (...) Both verdicts raise important issues concerning fairness and religious freedom. After examining some of the central legal issues in these verdicts I offer a critical assessment of the legal arguments, focusing on how political value judgments played a crucial role in determining the legal outcomes. (shrink)

Child labour remains widespread in the urban slums of Bangladesh. Empirical studies indicate that various local-level factors drive poor families and children to engage in child labour. However, the role of structural factors and environmental realities is underrepresented in the current scholarship. This investigation examined the role of these factors in normalizing child labour in the slum communities of Dhaka. The researcher adapted a socio-ecological model to develop a conceptual framework for collecting qualitative data from the slum communities of two (...) recently urbanized areas of the city: Hazaribagh and Matuail. A five-month fieldwork project was carried out to conduct 40 semi-structured interviews and two focus group discussions with parents and community members. The data analysis resulted in the following findings. A lack of access to schooling pushed many children into labour. The opportunities for children’s employment in the informal sector remained abundant, and the absence of documents complicated law enforcement. Due to inconsistent adult income, many families are involved in child labour to increase their household income. Local employers chose children over adults for certain occupations due to their low wages and easy-to-control nature. Natural disasters, climate change, and family difficulties drove a large number of families to these slums, and informal employment opportunities for both adults and children drew them there. The shortage of playgrounds and specialized schooling shaped children’s tendency to work more. All together, child labour has become a cultural reality. Policies and interventions aiming to reduce child labour must influence these structural factors and provide support to families and children. (shrink)

Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be the (...) source of social and civic ostracism. Second, by focusing so much on questions of admission and exclusion, philosophers have tended to overlook the discriminatory potential of immigration enforcement mechanisms. In this essay, I make the case that philosophers who deal with the issue of immigration cannot dispense with the potential for discrimination in a state's enforcement mechanism as easily as they have with the potential for discrimination in a state’s admission and exclusions criteria. In addition, I put forth the positive claim that the way to combat this potential for discrimination (e.g., xenophobia) must begin with a defense of, and advocacy for, immigrant rights. (shrink)

The EDPS Ethics Advisory Group (EAG) has carried out its work against the backdrop of two significant social-political moments: a growing interest in ethical issues, both in the public and in the private spheres and the imminent entry into force of the General Data Protection Regulation (GDPR) in May 2018. For some, this may nourish a perception that the work of the EAG represents a challenge to data protection professionals, particularly to lawyers in the field, as well as to companies (...) struggling to adapt their processes and routines to the requirements of the GDPR. What is the purpose of a report on digital ethics, if the GDPR already provides all regulatory requirements to protect European citizens with regard to the processing of their personal data? Does the existence of this EAG mean that a new normative ethics of data protection will be expected to fill regulatory gaps in data protection law with more flexible, and thus less easily enforceable ethical rules? Does the work of the EAG signal a weakening of the foundation of legal doctrine, such as the rule of law, the theory of justice, or the fundamental values supporting human rights, and a strengthening of a more cultural approach to data protection? Not at all. The reflections of the EAG contained in this report are not intended as the continuation of policy by other means. It neither supersedes nor supplements the law or the work of legal practitioners. Its aims and means are different. On the one hand, the report seeks to map and analyse current and future paradigm shifts which are characterised by a general shift from analogue experience of human life to a digital one. On the other hand, and in light of this shift, it seeks to re-evaluate our understanding of the fundamental values most crucial to the well-being of people, those taken for granted in a data-driven society and those most at risk. The objective of this report is thus not to generate definitive answers, nor to articulate new norms for present and future digital societies but to identify and describe the most crucial questions for the urgent conversation to come. This requires a conversation between legislators and data protection experts, but also society at large - because the issues identified in this report concern us all, not only as citizens but also as individuals. They concern us in our daily lives, whether at home or at work and there isn’t a place we could travel to where they would cease to concern us as members of the human species. (shrink)

In the paper, I argue there is a whole political logistics to deportation. This is made visible by bringing the concept of microphysics to bear on the topic. Taking the case of enforced and escorted removals from the UK, I show that this logistics is vividly and graphically documented in the inspection reports. Hitherto largely ignored, inspection reports offer researchers a trove of information regarding the mechanisms and procedures of deportation. As I finally draw out, this focus can speak to (...) questions about the relationship of ethics to deportation: the inspection reports show how a certain form of ethical calculation, based on a risk-based approach to the use of force has been inscribed into the practices of deportation. DOI 10.17879/95189425134. (shrink)

In 2008 Robert Lovato coined the phrase Juan Crow. Juan Crow is a type of policy or enforcement of immigration laws that discriminate against Latino/as in the United States. This essay looks at the implications this phenomenon has for an ethics of immigration. It argues that Juan Crow, like its predecessor Jim Crow, is not merely a condemnation of federalism, but of any immigration reform that has stricter enforcement as one of its key components. Instead of advocating for increased enforcement, (...) I want to suggest that just immigration reform must adhere to two standards, equality of burdens and universal protections, and that only by doing so can the potential for Juan Crow be adequately avoided. (shrink)

Paper was presented at the 29th Annual Symposium on Economic Crime in Cambridge, England. -/- Regardless of our concern for privacy, real-time criminal activity information is being disseminated throughout cyberspace by the private sector. This information is growing very quickly while being archived for search and retrieval on a long term basis. This is inevitable and could not, nor should not, be stopped. -/- Law enforcement and government policy makers should consider the risk of sharing with the risk of not (...) sharing and allow the private sector to participate in the management of this risk in an informed way. The private sector has the right to be as well informed as law enforcement – they often have as much, if not more, to lose. -/- Law enforcement should also not be afraid of true partnership with the private sector - meet with privacy experts within government and reconsider the level of secrecy attached to the criminal records and crime reports that have been carefully guarded for all of these years. Whenever and wherever possible, secrecy levels should be abandoned, particularly when one can make a reasonable argument for a 'duty to warn'. There is an opportunity to use valid substantiated information to clarify, correct and override some of the misinformation that is available openly on the Internet. -/- Fully transparent reported crime along with fully transparent end-results (i.e. criminal records) could be a wondrous thing for the safety of our citizens. It is time that the private sector received more on their side of the private sector law enforcement partnerships. This would undoubtedly go a long ways in preventing much crime before it happens as more and more business people and safety-minded members of each community become better informed about who they are dealing with. The risks associated with being uninformed are very high. (shrink)

When selecting a model from a set of equally performant models, how much unfairness can you really reduce? Is it important to be intentional about fairness when choosing among this set, or is arbitrarily choosing among the set of “good” models good enough? Recent work has highlighted that the phenomenon of model multiplicity—where multiple models with nearly identical predictive accuracy exist for the same task—has both positive and negative implications for fairness, from strengthening the enforcement of civil rights law in (...) AI systems to showcasing arbitrariness in AI decision-making. Despite the enormous implications of model multiplicity, there is little work that explores the properties of sets of equally accurate models, or Rashomon sets, in general. In this paper, we present five main theoretical and methodological contributions which help us to understand the relatively unexplored properties of the Rashomon set, in particular with regards to fairness. Our contributions include methods for efficiently sampling models from this set and techniques for identifying the fairest models according to key fairness metrics such as statistical parity. We also derive the probability that an individual’s prediction will be flipped within the Rashomon set, as well as expressions for the set’s size and the distribution of error tolerance used across models. These results lead to policy-relevant takeaways, such as the importance of intentionally looking for fair models within the Rashomon set, and understanding which individuals or groups may be more susceptible to arbitrary decisions. (shrink)

Symmetry, Symmetry Violation, and the Universal Formula of Free Will -/- Introduction -/- Symmetry is a fundamental principle in physics, representing balance, order, and predictability. It is seen in nature, from the structure of atoms to the large-scale organization of the universe. However, perfect symmetry is rarely observed In reality. Instead, the breaking of symmetry plays a crucial role in shaping the physical world, from the Higgs mechanism that gives particles mass to the dominance of matter over antimatter in the (...) universe. -/- Similarly, human decision-making—if governed by natural laws—may also follow a structured yet dynamic pattern influenced by symmetry and its violations. This essay explores how the concept of symmetry violation in physics relates to free will, decision-making, and societal development, particularly in the context of Angelito Malicse’s universal formula, which proposes that all human behavior follows natural laws, specifically the universal law of balance in nature. -/- Symmetry and Symmetry Breaking in Physics -/- In physics, symmetry is an organizing principle that governs the laws of nature. It ensures that physical processes behave predictably under transformations such as time reversal, spatial inversion, or charge conjugation. However, symmetry is often spontaneously or explicitly broken, leading to the formation of complex structures and behaviors. -/- Examples include: -/- The Higgs Mechanism: The universe began with a symmetrical state, but as it cooled, the Higgs field broke symmetry, giving mass to particles. -/- CP Violation: In particle physics, the violation of charge-parity (CP) symmetry explains why matter dominates over antimatter, allowing the universe as we know it to exist. -/- Time-Reversal Violation: Some physical processes prefer a particular direction of time, reinforcing the concept of an arrow of time where events cannot be reversed. -/- These symmetry violations are not random but occur within a structured framework that directs the evolution of physical systems. -/- The Feedback Mechanism Between Symmetry Violation and Free Will -/- Angelito Malicse’s universal formula suggests that human decision-making follows natural feedback mechanisms, shaping both individual and collective behavior. This idea parallels how symmetry breaking in physics is not chaotic but structured, influencing the evolution of systems over time. -/- The Universe’s Asymmetry and Free Will: Just as the universe had an initial symmetry that was broken to create order, human consciousness might start with a natural state of balance that is continuously reshaped by feedback from external and internal forces. -/- Feedback in Decision-Making: Choices are not purely deterministic (fixed by initial conditions) nor entirely random (free of constraints). Instead, decisions create irreversible consequences, much like symmetry violations that shape the universe permanently. -/- Example in Leadership: A government’s policies shape societal outcomes in an irreversible way, just as CP violation permanently influenced the universe’s composition. Leaders must understand that their decisions follow natural laws and should strive to maintain balance while allowing necessary asymmetry. -/- Thus, free will is not an absolute freedom to choose anything at random but rather a structured process where each decision modifies future possibilities, similar to how symmetry breaking directs the universe’s evolution. -/- The Arrow of Time and the Evolution of Consciousness -/- One of the most striking parallels between symmetry violation and human decision-making is the irreversibility of choices. In physics, the violation of time symmetry ensures that events unfold in one direction, making it impossible to return to a prior state. This concept applies to: -/- Thermodynamics (Entropy Always Increases): Disorder naturally grows over time, making reversibility impossible in most cases. -/- Human Thought and Societal Change: Each decision reshapes an individual’s future and influences society’s direction. Just as the universe cannot return to a perfectly symmetrical state, a mind shaped by past experiences cannot return to an earlier state of pure neutrality. -/- Educational and Political Implications: Education should account for the irreversible nature of learning—once individuals internalize knowledge, they do not simply return to ignorance. Similarly, societies evolve based on past choices, and policies must consider long-term irreversible consequences. -/- This aligns with the universal formula’s principle that decision-making is structured by natural laws and follows a continuous feedback cycle rather than being arbitrary or disconnected. -/- Symmetry Breaking and the Limits of Absolute Free Will -/- Malicse’s universal formula suggests that free will is governed by natural laws, meaning it is neither purely deterministic nor entirely free. This aligns with how symmetry breaking in physics does not eliminate structure but rather creates new frameworks for order. -/- Free Will as Guided Asymmetry: If decision-making is subject to feedback mechanisms and natural constraints, it is not a random, unconstrained process. Instead, it follows a pattern where certain choices become more probable based on prior conditions. -/- Homeostasis as Controlled Symmetry Breaking: Biological and cognitive systems self-regulate through controlled asymmetry—maintaining balance while allowing necessary adjustments. A perfectly symmetrical system would be static and unresponsive, whereas a controlled level of asymmetry enables adaptability. -/- Ethical and Social Considerations: Since decision-making follows natural principles, governance, education, and AI should be designed to optimize balance while allowing for necessary deviations. Unregulated decision-making would be as chaotic as an unbalanced physical system. -/- Applying These Principles to Education, Leadership, and AI -/- If human decision-making follows the same structured asymmetry found in physics, then institutions should be designed accordingly. -/- Education and Cognitive Development: Traditional education assumes equal potential for all students, but in reality, each mind develops asymmetrically based on prior feedback mechanisms. A better system would adapt to individual asymmetries rather than enforcing rigid uniformity. -/- Leadership and Policy-Making: Leaders should recognize that decisions create irreversible changes—just as symmetry breaking in physics determines the universe’s evolution. Policies must be structured to maintain balance while allowing controlled flexibility. -/- AI and Decision Systems: Future AI could be designed using natural feedback principles from physics and human cognition, ensuring that decision-making processes follow the universal law of balance in nature rather than purely statistical or rule-based logic. -/- Conclusion -/- The parallels between symmetry violation in physics and the nature of free will suggest that decision-making follows structured laws rather than being entirely free or deterministic. Just as symmetry breaking in the universe creates order and direction, human choices are shaped by feedback loops, prior conditions, and the natural tendency toward balance with necessary asymmetries. -/- Angelito Malicse’s universal formula aligns with these principles, emphasizing that all human behavior follows natural laws. If this understanding is properly integrated into education, governance, and AI, it could create a more balanced and sustainable societal framework—one that acknowledges both the necessity of order and the inevitability of controlled asymmetry. -/- . (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)

This paper explores the legal issues of embargo centering on judicial review of the trade administration. Embargo, one type of trade regulation, has a distinctive nature in that it involves an entire forestall of the importation from foreign countries. It is also distinguished from other tools of trade regulation, including anti-dumping tariffs, countervailing measure on the subsidies since it entangles with other complex considerations of diplomacy, national security, public health, and environmental policy. Therefore discretion from the trade administration, notwithstanding the (...) president, is widely vested in that authority, who are responsible for an enforcement of the individual statute, yet can be evaded from stern control of the judiciary. Aside from the standard of review on substantial issues, judicial review relating with the embargo also entails a myriad of jurisdictional questions between the federal court and the court of international trade. In view of the U.S. role and current escalation of the trade issues in the international community, active engagement of the court as well as harmonization within the international plane need to be furthered along with the development of trade environment. For the export nations including Korea, embargo has a pounding impact on the national economy that also enhances a need for the reasonable administration of justice for the predictability and stability of the exporters. (shrink)

We examined whether the enforcement of phantom rules—frequently broken and rarely enforced codified rules—varies by the race of the rule breaker. First, we analyzed whether race affects when 311 calls, a nonemergency service, end in arrest in New York City. Across 10 years, we found that calls from census blocks of neighborhoods consisting of mostly White individuals were 65% less likely to escalate to arrest than those where White people were the numerical minority. Next, we experimentally manipulated transgressor race and (...) found that participants (N = 393) who were high in social dominance orientation were more likely to route 311 calls to 911 when the transgressor was Black (vs. White). We also explored the subjective experience of phantom rule enforcement; People of color report they are more likely to be punished for violating phantom rules compared to White people. Overall, we find evidence of racism in the enforcement of phantom rules. (shrink)

The number of police departments carrying Narcan keeps increasing at a fast pace throughout the U.S., as it is considered an effective measure to fight the opioid epidemic. However, there have been strong oppositions to the idea of the police Narcan use. Still, in 2018, the nation is debating about it. Though not clearly visible to the public, there are important ethical arguments against the police Narcan use which necessarily involve understanding of the ethical roles and responsibilities of police as (...) the law enforcement agency and apprehension of the moral status of a non-therapeutic opioid use. The authors of the paper investigate, primarily, the existing ethical controversies surrounding the police Narcan use while touching upon the issue of the decriminalizing drug policy in the U.S. The authors conclude that the police can carry and administer Narcan without self-contradiction and that the policymakers’ investigation on the drug decriminalization policy should begin with the understanding of the “common morality” of the American public, the ethical view shared and practiced by the greatest number of people. (shrink)

In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy adopted by the Department of (...) Justice in 2022. This article defends that shift and argues that the ethical case for the imminence requirement in policing is stronger than Shannon Brandt Ford suggests in a recent article. Though the imminence requirement’s impacts on policing and public safety require ongoing study, the principle of equality before the law and the Doctrine of Doing and Allowing both provide moral grounds for this requirement, especially given the lack of evidence that the status quo helps protect life. (shrink)

The aim of the research is to identify the role of policies and procedures for the electronic document management system in the success of the electronic document management system in the Palestinian Pension Agency. In order to achieve the objectives of the study, the researchers used the analytical descriptive method in which the tries to describe the phenomenon studied, analyze its data, the relationship between its components and the opinions that are raised around it, and use the comprehensive inventory (...) method due to the small size of the society. (108) questionnaires were distributed to the community of 65 employees in Gaza Strip and 43 employees in the West Bank. All the responses were retrieved. The research found that there is a clear adoption by the Commission of the policies and procedures put in place to implement the electronic management system of electronic documents. The study showed that there are no statistically significant differences between the responses of the study population regarding the role of policies and procedures for the electronic document management system in the success of the electronic document management system in the Palestinian Pension Agency due to variable (age, nature of job, specialization). And showed that there is a fundamental difference in the opinion of members of the study community on the role of policies and procedures for the electronic document management system in the success of the electronic document management system in the Palestinian Pension Agency attributed to the scientific qualification, and shows the difference in favor of the bachelor's degree. And years of service, and shows the difference in favor of the 11-15 year category. The research led to a number of recommendations, the most important of which is the increase of interest and awareness of the need to implement policies and procedures to ensure the success of the electronic document management system through access to and benefit from the experiences of other institutions and the private sector. And the need to focus on the attention to develop appropriate and clear plans and dissemination on the electronic document management system and specific to specific objectives and the Commission is committed to apply them, the need to pay attention to the development of strategic plans and policies and work mechanisms commensurate with the electronic document management system, and the need to define a policy in advance to form a team of different specialties of the staff of the Authority and cooperation with consultants from outside the body to work on the electronic document system. (shrink)

Kant infamously opposes not only revolution but also any resistance or disobedience by citizens that aims to compel states to reform themselves. This paper argues that, in fact, the Kantian account of the legitimate state has the resources for a distinctive justification of principled disobedience, including even violent or destructive resistance, that applies to citizens of contemporary Western democracies. When a state fails to enforce the law equally, this lack of equal enforcement can deprive some citizens of the equal assurance (...) of the security of their rights that, on the Kantian account, forms part of the very basis of the state’s claim of legitimate authority. This failure of equal enforcement of the law will thus be a defect of legitimacy and, as a result, those citizens may engage not only in civil disobedience but also in uncivil disobedience, even violent or destructive resistance, in order to compel the state to reform itself. In this context, such disobedience or resistance will count as furthering rather than undermining the project of governance by legitimate law. (shrink)

The first few years of the 21st century were characterised by a progressive loss of privacy. Two phenomena converged to give rise to the data economy: the realisation that data trails from users interacting with technology could be used to develop personalised advertising, and a concern for security that led authorities to use such personal data for the purposes of intelligence and policing. In contrast to the early days of the data economy and internet surveillance, the last few years have (...) witnessed a rising concern for privacy. As bad data practices have come to light, citizens are starting to understand the real cost of using online digital technologies. Two events stamped 2018 as a landmark year for privacy: the Cambridge Analytica scandal, and the implementation of the European Union’s General Data Protection Regulation (GDPR). The former showed the extent to which personal data has been shared without data subjects’ knowledge and consent and many times for unacceptable purposes, such as swaying elections. The latter inaugurated the beginning of robust data protection regulation in the digital age. Getting privacy right is one of the biggest challenges of this new decade of the 21st century. The past year has shown that there is still much work to be done on privacy to tame the darkest aspects of the data economy. As data scandals continue to emerge, questions abound as to how to interpret and enforce regulation, how to design new and better laws, how to complement regulation with better ethics, and how to find technical solutions to data problems. The aim of the research project Data, Privacy, and the Individual is to contribute to a better understanding of the ethics of privacy and of differential privacy. The outcomes of the project are seven research papers on privacy, a survey, and this final report, which summarises each research paper, and goes on to offer a set of reflections and recommendations to implement best practices regarding privacy. (shrink)

In July 2017, China’s State Council released the country’s strategy for developing artificial intelligence, entitled ‘New Generation Artificial Intelligence Development Plan’. This strategy outlined China’s aims to become the world leader in AI by 2030, to monetise AI into a trillion-yuan industry, and to emerge as the driving force in defining ethical norms and standards for AI. Several reports have analysed specific aspects of China’s AI policies or have assessed the country’s technical capabilities. Instead, in this article, we focus (...) on the socio-political background and policy debates that are shaping China’s AI strategy. In particular, we analyse the main strategic areas in which China is investing in AI and the concurrent ethical debates that are delimiting its use. By focusing on the policy backdrop, we seek to provide a more comprehensive and critical understanding of China’s AI policy by bringing together debates and analyses of a wide array of policy documents. (shrink)

A number of the men who would become the 9/11 hijackers were stopped for minor traffic violations. They were pulled over by police officers for speeding or caught by random inspection without a driver’s license. For United States government commissions and the press, these brushes with the law were missed opportunities. For some police officers though, they were of personal and professional significance. These officers replayed the incidents of contact with the 19 men, which lay bare the uncertainty of every (...) encounter, whether a traffic stop, or with someone taking photos of a landmark. Representatives from law enforcement began to design policies to include local police in national intelligence, with the idea of capitalizing on what patrol officers already do in dealing with the general public. Several initiatives were launched, among these, the Suspicious Activity Reporting Initiative. Routine reporting of suspicious activity was developed into steps for gathering, assessing and sharing terrorism-related information with a larger law enforcement and intelligence network. Through empirical analysis of counterterrorism efforts and recent scholarship on it, this chapter discusses prevention, preemption, and anticipation as three technologies of security, focusing on how each deals with uncertainty. The Suspicious Activity Reporting Initiative, this analysis suggests, is an anticipatory technology which constitutes police officers and intelligence analysts as subjects who work in a mode of uncertainty. (shrink)

Most businesses are aware of the costs associated with sexual harassment and are concerned about limiting its presence in the workplace. Although the business ethics literature contains work on sexual harassment, it has very little to say on chastity or its value in the workplace, even though unchaste behavior underlies the prevalence of sexual harassment. This article begins this investigation into chastity worth having in the workplace, taking typical company policies as a guide for what kind of chastity is (...) worth having in the workplace in particular. The first question asked in this article is: for what reasons is chastity worth having in the workplace? I consider four answers—harm prevention, respect for employee consent/dissent, respect for others’ dignity, and conflict of interest avoidance—and I examine workplace policies that enforce chaste behavior in search for a unified and underlying reason for these policies. In the process of locating the primary reason for the value of being chaste in the workplace in particular, we will be given tools to develop an account of chastity worth having in the workplace, which I will argue is primarily cognitive, rather than volitional or affective. I conclude that chastity is the disposition not to construe a coworker as a satisfier of one’s sexual interest, and I argue that chastity is valuable in the workplace because it secures coworkers’ ability to have their contributions appropriately valued. The hope is that once the reason and locus of chastity is identified, the professionals who know how to train businesspeople in developing virtues will better be able to focus their attention and efforts. (shrink)

So-called “ugly laws” were mostly municipal statutes in the United States that outlawed the appearance in public of people who were, in the words of one of these laws, “diseased, maimed, mutilated, or in any way deformed, so as to be an unsightly or disgusting object” (Chicago City Code 1881). Although the moniker “ugly laws” was coined to refer collectively to such ordinances only in 1975 (Burgdorf and Burgdorf 1975), it has become the primary way to refer to such laws, (...) which targeted the overlapping categories of the poor, the homeless, vagrants, and those with visible disabilities. Enacted and actively enforced between the American Civil War (1867) and World War I (1918), such laws and their enforcement can tell us much about the very sorts of people who were also, a generation later, subject to explicitly eugenic laws, such as sterilization legislation. And like eugenic laws and policies, such laws continue to affect the lives of people with disabilities to this day (Schweik 2011). (shrink)

Regulation is nothing without enforcement. This particularly holds for the dynamic field of emerging technologies. Hence, this article has two ambitions. First, it explains how the EU´s new Artificial Intelligence Act (AIA) will be implemented and enforced by various institutional bodies, thus clarifying the governance framework of the AIA. Second, it proposes a normative model of governance, providing recommendations to ensure uniform and coordinated execution of the AIA and the fulfilment of the legislation. Taken together, the article explores how the (...) AIA may be implemented by national and EU institutional bodies, encompassing longstanding bodies, such as the European Commission, and those newly established under the AIA, such as the AI Office. It investigates their roles across supranational and national levels, emphasizing how EU regulations influence institutional structures and operations. These regulations may not only directly dictate the structural design of institutions but also indirectly request administrative capacities needed to enforce the AIA. (shrink)

The Covid-19 pandemic has fuelled indignation. People have been indignant about the breaking of lockdown rules, about the mistakes and deficiencies of government pandemic policies, about enforced mask-wearing, about vaccination programmes (or lack thereof), about lack of care with regards vulnerable individuals, and more. Indeed, indignation seems to have been particularly prevalent on social media platforms such as Twitter and Facebook, where indignant remarks are often accompanied by variations on the hashtag #WTF?! In this paper, I explore indignation’s distinctive (...) character as a form of moral anger, in particular suggesting that what is characteristic of indignation is not only that it discloses moral injustices but betrays our disbelief at the very occurrence of the offence. Having outlined the character of indignation, I consider how the structure of indignation impacts how we do, respond to, and receive indignation. I explore indignation in action, so to speak, in the context of Covid-19, with a particular emphasis on how indignation occurs ‘on the internet’. (shrink)

What are the roles of scientific causal knowledge in relation to the evidential requirements of policy making? In this chapter, I review the existing approaches in philosophy of science to the policy relevance of causal knowledge. I assess the specific concerns and questions on which these philosophical accounts have focused and show how they only offer a partial perspective of the relation between causal knowledge and policy making. Most existing views are top-down approaches: they start from philosophical concerns about causation (...) and evidence, and then make general claims about (potential) policy implications, but leave the notion of “policy” unanalyzed. As an alternative, I put forward some ideas toward a bottom-up approach: one that understands policy making as a dynamic process with several stages, and that starts from concrete policy problems, to then examine how causal notions and methods can contribute in various ways to the specifics of the process of policy making. (shrink)