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)

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)

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)

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)

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)

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)

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)

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)

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, 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. 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 providing a comprehensive understanding of disability rights in the region and identifying key regulatory problems and ways forward. (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)

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)

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)

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)

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)

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)

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 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)

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)

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)

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 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)

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)

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)

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In this article, I ask whether a principle analogous to the principle of clinical equipoise should govern the design and conduct of RCTs evaluating the effectiveness of policy interventions. I answer this question affirmatively, and introduce and defend the principle of policy equipoise. According to this principle, all arms of a policy RCT must be, at minimum, in a state of equipoise with the best proven policy that is also morally and practically attainable and sustainable. For all arms of a (...) policy RCT, policy experts must either reasonably disagree about whether the trial arms are more effective than this policy, or know that they are. (shrink)

The field of public policy is dominated by the social sciences. Schools and departments of public policy and public administration are largely populated by economists, political scientists, and sociologists, and the vast majority of work in prestigious public policy journals employs empirical methods. This is unsurprising, in one respect, for collecting data, predicting and identifying the causal impacts of policies, and understanding political institutions and processes are massive, important tasks that require the tools of the social sciences. It is (...) surprising, in another respect however, since much policy scholarship and analysis aspires to offer recommendations to policymakers, and recommendations necessarily involve evaluative judgments, for example, that the status quo is deficient and that a certain course of action will make things better. To defend such judgments, policy scholars and analysts cannot appeal to the social sciences alone for these judgments concern the realm of values, not facts. Instead, careful ethical reflection and analysis is required. This need for ethical reflection in public policy is particularly evident in the practice of policy analysis, a principal analytic tool of the field. Policy analyses involve the identification of policy problems, the specification of criteria for evaluating possible solutions, and the recommendation that a policy option offers the best balance of trade offs. This identification of bads, the specification of goods policies should realize, and the weighing of these goods with the judgment that policymakers should or ought to pursue this course of action or that, are all deeply ethical activities. Ethical reflection and analysis is thus a constituent feature of policy analysis, and like the amassing of evidence and projection of outcomes, this reflection and analysis may be performed well or badly. The overall aim of this book is to provide students, scholars, and practitioners of public policy with guidance regarding the ethical dimensions of policy analysis. My aim in this chapter is to set the stage, providing an overview of these dimensions. After providing a brief overview of the practice of policy analysis, I identify the steps of an analysis where analysts must make ethical judgments in order to move forward, and fully articulate the ethical questions they must confront and take a position on. (shrink)

This paper examines how science advice can provide policy recommendations in a trustworthy manner. Despite their major political importance, expert recommendations are understudied in the philosophy of science and social epistemology. Matthew Bennett has recently developed a notion of what he calls recommendation trust, according to which well-placed trust in experts’ policy recommendations requires that recommendations are aligned with the interests of the trust-giver. While interest alignment might be central to some cases of public trust, this paper argues against the (...) significance of interest-alignment to meritorious public trust. First, political bodies and citizens can have a basic kind of well-placed recommendation trust in science advice based on an all-things-considered judgement regarding the possession of relevant competencies, responsible conduct, and a proper institutional design. Moreover, scientists’ policy recommendations can be seen as open-ended and as dynamic proposals that enable inter-institutional reasoning and political deliberation. Finally, by providing conditional recommendations, scientists can expand the scope of feasible policy options from which political bodies can choose, thus making the condition of interest alignment even less significant to the trustworthy provision of recommendations. (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)

Through engagement with key informants and review of ethical theories applicable to refugee policy, this paper examines the ethical and policy considerations that policy-level stakeholders believe should factor into setting the refugee resettlement ceiling. We find that the ceiling traditionally has been influenced by policy goals, underlying values, and practical considerations. These factors map onto several ethical approaches to resettlement. There is significant alignment between U.S. policy interests and ethical obligations toward refugees. We argue that the refugee ceiling should be (...) restored to historical norms, and that there exists a corresponding obligation to counter negative public perceptions about refugees and the costs of resettlement. (shrink)

Public shaming plays an important role in upholding valuable social norms. But, under what conditions, if any, is it morally justifiable? Our aim in this paper is systemically to investigate the morality of public shaming, so as to provide an answer to this neglected question. We develop an overarching framework for assessing the justifiability of this practice, which shows that, while shaming can sometimes be morally justifiable, it very often is not. In turn, our framework highlights several reasons to be (...) concerned about the increasingly widespread phenomenon of online public shaming. (shrink)

This study presented the policy of functional integration of the product planning team as a strategy for the development of the pharmaceutical industry in Palestine. The study population consists of all the workers in companies operating in the field of medicine in Palestine, which are (5) companies producing in the West Bank only for pharmaceuticals used by these companies, which are (296) employees, and was used a simple random sample to choose the sample and size (87) employees of the study (...) population, and to achieve the objectives of the study (87) questionnaires were distributed. The descriptive analytical method was used, and SPSS was used to answer and discuss the study's questions. The results showed that there is a significant relationship between the effectiveness of the policy of product development and the competitiveness of pharmaceutical companies in Palestine (West Bank), where the policy of product development efficiency accounts for 56.6% of the total change in the competitiveness of companies. The product quality component was most influential at all levels of product development effectiveness policy, followed by product identification, product cost reduction, packaging and product deletion. The weakest areas of strategic direction in pharmaceutical companies in Palestine (West Bank) are 67%. The weakest aspects of job integration are: non-regular meetings of representatives of different positions to participate in any project related to product development, to achieve spatial convergence of members of the product planning policy team in offices, laboratories and workplaces. (shrink)

Governments are increasingly using randomized controlled trials (RCTs) to evaluate policy interventions. RCTs are often understood to provide the highest quality evidence regarding the causal efficacy of an intervention. While randomization plays an essential epistemic role in the context of policy RCTs however, it also plays an important distributive role. By randomly assigning participants to either the intervention or control arm of an RCT, people are subject to different policies and so, often, to different types and levels of benefits. (...) In this paper, I identify one necessary condition as well as a set of sufficient conditions for the permissible use of random assignment by government agencies. I argue first that random assignment is permissible only if it is consistent with governments’ duty to realize morally important outcomes. I argue second that random assignment is permissible in cases where investigators are in a state of genuine equipoise regarding all arms of the experiment and the policy to which people have a claim of justice. Finally, I defend a set of conditions under which random assignment is permissible in cases where one or more arms of a policy RCT are reasonably expected to be either superior or inferior to this policy. (shrink)

There can sometimes be weariness surrounding coordinated efforts to induce inclusion. Detractors of certain such efforts may cite coercion or a loss of autonomy as a concern. In their book Nudge, Thaler and Sunstein presented the idea of the “nudge.” Nudges change the context in which a decision is made to increase the likelihood that a certain choice is made by the decision maker. However, nudges are designed to be easy to avoid. Thaler and Sunstein laid out criteria such that (...) nudges can remain ethical. In this paper, I show that certain nudges that greatly increased inclusion in their respective communities do follow these criteria. In fact, subjected even to the relatively tighter constraints imposed by a prominent critic of Thaler and Sunstein’s philosophy, Wilkinson, these nudges remain unscathed. Thus, inclusion-promoting nudges are not necessarily unethical from the standpoint of manipulation or autonomy. (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)

The implementation of actions for health is only possible by adequate policy development. There is a need to review the nature and development of policy in health political science gaze. Therefore, the present study aims to conduct a review on theory and researches to develop adequate policies in health care system. It provides a comprehensive review about the important theories with empirical research evidences for promoting health. The review analysis shows that it is important to understand the theory and (...) approach behind policy development to recognize the incremental nature of aspects involved in policy development. The health political science insights need to be embraced in the light of public health and promotion of health. The present study has provided deep understanding about the structuring and implementation of health policies in health care systems in the light of theory and research. (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)

The paper is an attempt to analyse the benefits that remote work could bring in the development of the country. It is organized in three parts. In the first part it engages with the concept of public policy, how it is shaped and should be done to make visible problems that need to be addressed. The second part analysis the benefits of teleworking and potential models for city organization and population distribution to support country development. The last part analyses the (...) case of Albania to discover that remote work, demography, and country development are concepts not yet analyzed in connection for exploring the benefits they could bring. The paper concludes that government should invest in developing human resources in the field of digitalization, so that the number of employees who could telework and companies that could use that expertise is increased. In this way, companies and staff do not necessarily need to locate in the capital or big cities but could locate in medium size cities and periphery. This would contribute to the development of currently neglected areas and decrease living expenses in big cities, making thus more affordable the life for the low-income workers. In doing so, not only the living conditions will improve but the gap between centre and periphery will narrow down and lead to a better distribution of economic benefits across country. (shrink)

Vietnam, with a geographical proximity and a high volume of trade with China, was the first country to record an outbreak of the new Coronavirus disease (COVID-19), caused by the Severe Acute Respiratory Syndrome Coronavirus 2 or SARS-CoV-2. While the country was expected to have a high risk of transmission, as of April 4, 2020—in comparison to attempts to contain the disease around the world—responses from Vietnam are being seen as prompt and effective in protecting the interests of its citizens, (...) with 239 confirmed cases and no fatalities. This study analyzes the situation in terms of Vietnam’s policy response, social media and science journalism. A self-made web crawl engine was used to scan and collect official media news related to COVID-19 between the beginning of January and April 4, yielding a comprehensive dataset of 14,952 news items. The findings shed light on how Vietnam—despite being under-resourced—has demonstrated political readiness to combat the emerging pandemic since the earliest days. Timely communication on any developments of the outbreak from the government and the media, combined with up-to-date research on the new virus by the Vietnamese science community, have altogether provided reliable sources of information. By emphasizing the need for immediate and genuine cooperation between government, civil society and private individuals, the case study offers valuable lessons for other nations concerning not only the concurrent fight against the COVID-19 pandemic but also the overall responses to a public health crisis. (shrink)

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only provide (...) substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (shrink)

The aim of this research is to examine the public policy influences on academic investigations that contain a substantial convergence among human resource management–industrial relations and corporate social responsibility–stakeholder approach by means of using bibliometric and content analyses of relevant publications in the Scopus and ScienceDirect databases. Totally, 160 publications were subject to bibliometric, cluster, and summative content analyses. In this context, this study claims that public policy in the EU influences academic investigations and scholars. The investigation draws attention to (...) the importance of active participation of different public institutions and key stakeholders (e.g., trade unions, works councils, academic associations) that prepare a basis for collaboration, solidarity, and communication for strengthening EU social model, social dialogue, collective bargaining, and the protection of social rights. The research findings illuminate the fact that European public policies have significant effects on shaping and encouraging investigations that are considered within the scope of IR–HRM and CSR–SA. One of the most crucial recommendations of this study is that the investigations which are out of this framework can be considered quite idealistic. Therefore, researchers may attempt to publish more scientific investigations in frame of IR–HRM and CSR–SA to enhance the comprehensiveness and depth of these two clusters. (shrink)

This paper discusses ethical issues surrounding Integrated Assessment Models (IAMs) of the economic effects of climate change, and how climate economists acting as policy advisors ought to represent the uncertain possibility of catastrophe. Some climate economists, especially Martin Weitzman, have argued for a precautionary approach where avoiding catastrophe should structure climate economists’ welfare analysis. This paper details ethical arguments that justify this approach, showing how Weitzman’s “fat tail” probabilities of climate catastrophe pose ethical problems for widely used IAMs. The main (...) claim is that economists who ignore or downplay catastrophic risks in their representations of uncertainty likely fall afoul of ethical constraints on scientists acting as policy advisors. Such scientists have duties to honestly articulate uncertainties and manage (some) inductive risks, or the risks of being wrong in different ways. (shrink)

This chapter discusses the topics of trust and expertise from the perspective of political epistemology. In particular, it addresses four main questions: (§1) How should we characterise experts and their expertise? (§2) How can non-experts recognize a reliable expert? (§3) What does it take for non-experts to trust experts? (§4) What problems impede trust in experts?

Marine ecosystems are under increasing pressure from human activity, yet successful management relies on knowledge. The evidence-based policy (EBP) approach has been promoted on the grounds that it provides greater transparency and consistency by relying on ‘high quality’ information. However, EBP also creates epistemic responsibilities. Decision-making where limited or no empirical evidence exists, such as is often the case in marine systems, creates epistemic obligations for new information acquisition. We argue that philosophical approaches can inform the science-policy interface. Using marine (...) biosecurity examples, we specifically examine the epistemic challenges in the acquisition and acceptance of evidence to inform policy, discussing epistemic due care and biases in consideration of evidence. (shrink)

Contemporary demographic processes forcing increasing attention to the problems of relationships and dependencies between the different age groups. The ageing of the population in each society leads to changes in the contacts between young people, adults and the elderly. It is reasonable to undertake research on the concept of "solidarity of generations". Maintaining relationships without generational conflict requires actions in the field of social policy known as intergenerational policy. Aim of this article is to present some of its models, which (...) allow not only to analyze the changes in the various communities, but also to create recommendations for public intervention. Description will include activities at the international, national, regional and local levels. (shrink)

This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative (...) in the world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations. (shrink)