Criminal offences and regulatory breaches in using social networking evidence in personal injury litigation Pages 2-7 Current Criminal Law ISSN 1758-8405 Volume 2 Issue 3 March 2010 Author SALLY RAMAGE WIPO 900614 UK TM 2401827 USA TM 3,440.910 Orchid ID 0000-0002-8854-4293 Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Publisher & Managing Editor, Criminal Lawyer series [1980-2022](ISSN 2049-8047); Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson (...) Reuters) (Licensed Annotator of UK Statutes) in Current Law Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. Trade Mark SALLY RAMAGE ® 2401827 (2005-2025) in the UK, WIPO Trade Mark SALLY RAMAGE® 900164; USA-(Trade Mark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. Essentially, Social Network information may not always be admissible in a court of law but may be the door to lead to other, non-contentious evidence. In fact, even illegally obtained evidence may sometimes be admissible evidence, though this is not absolute. Most of the information available on social networking sites will be ‘personal data’. The data controller is the network operator, without whose consent, collecting such information could be an offence, unless it was necessary for the purpose of preventing or detecting crime. (shrink)

Libertarian philosophy asserts that only the initiation of physical force against persons or property, or the threat thereof, is inherently illegitimate. A corollary to this assertion is that all forms of speech, including fraudulent advertising, are not invasive and therefore should be considered legitimate. On the other hand, fraudulent advertising can be viewed as implicit theft under the theory of contract: if a seller accepts money knowing that his product does not have some of its advertised characteristics, he (...) acquires the property title to the customer’s money without voluntary consent, which is theft. The balance between these two logical extensions of property rights—the right of free speech and the right of contract—lies somewhere in the area of communication philosophy, and can be explained through understanding the role of communication in human interactions. Advertising is a form of communication that may convey important information about the conditions of the proposed contract. These conditions are expressed in particular words that may have different meanings in different circumstances. Therefore to determine whether a particular example or “misinterpretation” is mere sophistry or a type of fraud, the judicial system has to approach each issue on a case-by-case basis. The border between legal and illegal should be determined by precedents and by expectations based on commonly accepted definitions of terms—what people commonly understand by the words and other forms of communication they use. (shrink)

It is crucial to actively detect the risks of transactions in a financial company to improve customer experience and minimize financial loss. In this study, we compare different machine learning algorithms to effectively and efficiently predict the legitimacy of financial transactions. The algorithms used in this study were: MLP Repressor, Random Forest Classifier, Complement NB, MLP Classifier, Gaussian NB, Bernoulli NB, LGBM Classifier, Ada Boost Classifier, K Neighbors Classifier, Logistic Regression, Bagging Classifier, Decision Tree Classifier and Deep Learning. The dataset (...) was collected from Kaggle depository. It consists of 6362620 rows and 10 columns. The best classifier with unbalanced dataset was the Random Forest Classifier. The Accuracy 99.97%, precession 99.96%, Recall 99.97% and the F1-score 99.96%. However, the best classifier with balanced dataset was the Bagging Classifier. The Accuracy 99.96%, precession 99.95%, Recall 99.98% and the F1-score 99.96%. (shrink)

Following the social conception of moral agency, this paper claims that many beings commonly exempted from moral responsibility, like young children, adults with late-stage dementia, and nonhuman animals, may nevertheless qualify as participants in moral responsibility practices. Blame and other moral responsibility responses are understood according to the communicative emotion account of the reactive attitudes. To blame someone means having an emotion episode that acts as a vehicle for conveying a particular moral content. Therefore, moral agency is argued to be (...) manifested in communicative exchanges between a claimant and a defendant. While many human and nonhuman agents are justifiably exempted from ascriptions of moral responsibility, this does not necessarily exclude such agents from the community of moral agents altogether. Toddlers and dogs, for instance, seem capable of other-directed reactive attitudes, like resentment, and could, therefore, qualify as participants in moral responsibility practices with respect to the claimant position. Therefore, we may have reason to adopt a distinct claimant-directed participant stance to some beings, even if they fail to qualify as apt targets of blame. This expanded theoretical room for moral agency is argued to make explicit further normative considerations. (shrink)

Qualitative fieldwork research on sensitive topics sometimes requires that interviewees be granted confidentiality and anonymity. When qualitative researchers later publish their findings, they must ensure that any statements obtained during fieldwork interviews cannot be traced back to the interviewees. Given these protections to interviewees, the integrity of the published findings cannot usually be verified or replicated by third parties, and the scholarly community must trust the word of qualitative researchers when they publish their results. This trust is fundamentally abused, however, (...) when researchers publish articles reporting qualitative fieldwork data that they never collected. Using only publicly available information, I argue that a 2017 article in an Elsevier foreign policy and international relations journal presents anonymised fieldwork interviews that could not have occurred as described. As an exercise in post-publication peer review (PPPR), this paper examines the evidence that calls into question the reliability of the putative fieldwork quotations. I show further that the 2017 article is not a unique case. The anonymity and confidentiality protections common in some areas of research create an ethical problem: the protections necessary for obtaining research data can be used as a cover to hide substandard research practices as well as research misconduct. (shrink)

Some infamous memoirs have turned out to be chock-full of fibs. Should we care? Why not say—as many have—that all autobiography is fiction, that accurate memory is impossible, that we start lying as soon as we start narrating, and that it doesn’t matter anyway, since made-up stories are just as good as true ones? Because, well, every part of that is misleading. First, we don’t misremember absolutely everything; second, we have other sources to draw on; third, story form affects only (...) significance, not facts; fourth, fiction and nonfiction offer different affordances, benefits, and delights. And since we need both kinds of writing, we have to insist on honesty in memoir; we have to stop saying that everything is invention and that fibs don’t matter. If memoirs could never be trusted, who would still read them? In a world without truth, what exactly would we speak to power? (shrink)

Abstract: This research paper presents a novel approach to predict audit risks using a neural network model. The dataset used for this study was obtained from Kaggle and comprises 774 samples with 18 features, including Sector_score, PARA_A, SCORE_A, PARA_B, SCORE_B, TOTAL, numbers, marks, Money_Value, District, Loss, Loss_SCORE, History, History_score, score, and Risk. The proposed neural network architecture consists of three layers, including one input layer, one hidden layer, and one output layer. The neural network model was trained and validated, achieving (...) an impressive accuracy of 100% and an average error of 0.000015, indicating its robust predictive capability. Moreover, we conducted feature importance analysis to identify the most influential features for predicting audit risk. The key features found to be critical for classifying fraudulent activities in audit risk prediction are Sector_score, PARA_A, SCORE_A, PARA_B, SCORE_B, TOTAL, numbers, marks, Money_Value, District, Loss, Loss_SCORE, History, and History_score. This research contributes to the field of audit risk prediction by demonstrating the effectiveness of a neural network-based approach and highlighting the importance of specific features in detecting fraudulent activities. The findings have significant implications for auditors and organizations seeking to enhance their audit risk assessment processes, ultimately leading to improved financial transparency and fraud detection. (shrink)

The moral community is a social community, and as such it is vulnerable to social problems and pathologies. In this essay I identify a particular way in which participation in the moral community can be constrained by social factors. I argue that features of the social world—including power imbalances, oppression, intergroup conflict, communication barriers, and stereotyping—can make it nearly impossible for some members of the moral community to hold others responsible for wrongdoing. Specifically, social circumstances prevent some marginalized people from (...) engaging in what Stephen Darwall calls “felicitous moral address” (Darwall 2006). We should think of some members of the moral community as having “second-class moral citizenship” in ways that parallel second-class political citizenship. The injustice of second-class moral citizenship can be understood by drawing an analogy with Miranda Fricker’s notion of “epistemic injustice” (Fricker 2007). Fricker’s account of how people can be undermined in their capacity as knowers can be extended to show how people can be undermined in their capacity as makers of moral claims, which can be called “claimant injustice”. (shrink)

This article examines Gilles Deleuze’s concept of the simulacrum, which Deleuze formulated in the context of his reading of Nietzsche’s project of “overturning Platonism.” The essential Platonic distinction, Deleuze argues, is more profound than the speculative distinction between model and copy, original and image. The deeper, practical distinction moves between two kinds of images or eidolon, for which the Platonic Idea is meant to provide a concrete criterion of selection “Copies” or icons (eikones) are well-grounded claimants to the transcendent Idea, (...) authenticated by their internal resemblance to the Idea, whereas “simulacra” (phantasmata) are like false claimants, built on a dissimilarity and implying an essential perversion or deviation from the Idea. If the goal of Platonism is the triumph of icons over simulacra, the inversion of Platonism would entail an affirmation of the simulacrum as such, which must thus be given its own concept. Deleuze consequently defines the simulacrum in terms of an internal dissimilitude or “disparateness,” which in turn implies a new conception of Ideas, no longer as self-identical qualities (the auto kath’hauto), but rather as constituting a pure concept of difference. An inverted Platonism would necessarily be based on a purely immanent and differential conception of Ideas. Starting from this new conception of the Idea, Deleuze proposes to take up the Platonic project anew, rethinking the fundamental figures of Platonism (selection, repetition, ungrounding, the question-problem complex) on a purely differential basis. In this sense, Deleuze’s inverted Platonism can at the same time be seen as a rejuvenated Platonism and even a completed Platonism. (shrink)

John Broome has proposed a theory of fairness according to which fairness requires that agents’ claims to goods be satisfied in proportion to the relative strength of those claims. In the case of competing claims for a single indivisible good, Broome argues that what fairness requires is the use of a weighted lottery as a surrogate to satisfying the competing claims: the relative chance of each claimant's winning the lottery should be set to the relative strength of each (...) class='Hi'>claimant's claim. In this journal, James Kirkpatrick and Nick Eastwood have objected that the use of weighted lotteries in the case of indivisible goods is unacceptable. In this article, I explain why Kirkpatrick and Eastwood's objection misses its mark. (shrink)

In this paper, I offer an indirect argument for the Access Theory of privacy. First, I develop a new version of the rival Control Theory that is immune to all the classic objections against it. Second, I show that this new version of the Control Theory collapses into the Access Theory. I call the new version the ‘Negative Control Account’. Roughly speaking, the classic Control Theory holds that you have privacy if, and only if, you can control whether other people (...) know personal information about you. Critics of the Control Theory often give counterexamples, where privacy is either not diminished even though the claimant has lost control, or where privacy is diminished even though the claimant is in control. I argue that none of these alleged counterexamples work against the Negative Control Account. However, this is not a victory for the control theorist, because the Negative Control Account collapses into the Access Theory. The paper thus adds to the recent trend in the literature of favoring the Access Theory over the Control Theory. (shrink)

Some of the most significant policy responses to cases of fraudulent and questionable conduct by scientists have been to strengthen professionalism among scientists, whether by codes of conduct, integrity boards, or mandatory research integrity training programs. Yet there has been little systematic discussion about what professionalism in scientific research should mean. In this paper I draw on the sociology of the professions and on data comparing codes of conduct in science to those in the professions, in order to examine (...) what precisely the model of professionalism implies for scientific research. I argue that professionalism, more than any other single organizational logic, is appropriate for scientific research, and that codes of conduct for scientists should strengthen statements concerning scientific autonomy and competence, as well as the scientific service ideal. (shrink)

A common response to claims of bias, harassment, or discrimination is to say that these claims are made in bad faith. Claimants are supposedly not motivated by a credible or even sincere belief that unfair or unequal treatment has occurred, but simply seek to illicitly gain public sympathy or private reward. Characterizing discrimination claims as systematically made in bad faith enables them to be screened and dismissed prior to engaging with them on their merits. This retort preserves the dominant group’s (...) self-image as unprejudiced and innocent without having to risk critical analysis of the claim’s substance. (shrink)

Kant’s _Prolegomena_ is a piece of philosophical advertising: it exists to convince the open-minded “future teacher” of metaphysics that the true critical philosophy — i.e., the first _Critique_ — provides the only viable solution to the problem of metaphysics (i.e. its failure to make any genuine progress). To be effective, a piece of advertising needs to know its audience. This chapter argues that Kant takes his reader to have some default sympathies for the common-sense challenge to metaphysics originating from Thomas (...) Reid and his followers; this fact in turn explains his rhetorical strategies in the _Prolegomena_, particularly regarding the presentation of the problem of metaphysics. The chapter draws attention to the importance of Shaftesbury, who, with a nod to Horace, had argued for the deployment of humour to disarm fraudulent claims to epistemic and moral authority. Kant looks to Horace himself to poke fun at the common-sense challenge to metaphysics, and from there to indicate the general shape of the particular argumentative strategies of the _Critique_ — that project that alone, in his view, can promise some kind of future for metaphysics. (shrink)

In seeking to clarify the concept of conflict of interest (COI) in debates about physician–industry relationships, Howard Brody (2011) highlights the extent to which the prob- lem turns on a common pejorative understanding of COI. Whether it is the academic or public policy “pharmapologists” or “pharmascolds” talking about COI, there is often a straightforward and overly simplistic correlation made: that is, a conflict of interest—by definition—leads to fraudulent or corrupt behavior. The same type of reasoning is com- monly found (...) in discussions about COI outside the health sciences, most notably in news stories about the awarding of government contracts or the behaviour of corporate executives. The problem is that in focusing on dramatic failures to manage COI (e.g., around Vioxx), there is a tendency to strongly associate COI with extreme forms of financial and even criminal misconduct, leaving the public, policymakers, academics, and professionals with a skewed and limited understanding of the concept. (shrink)

Web page phishing is a type of phishing attack that targets websites. In a web page phishing attack, the attacker creates a fake website that looks like a legitimate website, such as a bank or credit card company website. The attacker then sends a fraudulent message to the victim, which contains a link to the fake website. When the victim clicks on the link, they are taken to the fake website and tricked into entering their personal information.Web page phishing (...) attacks are a serious threat to online security. They can be very effective, as they often look very convincing. To protect yourself from web page phishing attacks, you should be suspicious of any emails or messages that ask for your personal information. Do not click on links in emails or messages from unknown senders. If you are unsure whether a website is legitimate, do not enter your personal information. Therefore, in this study, we present a novel approach to detect whether a web page is phishing or legitimate using a neural network model. (shrink)

Introduction -- What is personal responsibility? -- Ordinary language -- Common conceptions -- What do philosophers mean by responsibility? -- Personally responsible for what? -- What do philosophers think? part I -- Causes -- Capacity -- Control -- Choice versus brute luck -- Second-order attitudes -- Equality of opportunity -- Deservingness -- Reasonableness -- Reciprocity -- Equal shares -- Combining criteria -- What do philosophers think? part II -- Utility -- Self-respect -- Autonomy -- Human flourishing -- Natural duties and (...) special obligations -- A matter of perspectives -- Combining values -- What do politicians think? -- A brief typology -- International comparisons -- Welfare reform -- Healthcare reform -- Rights and responsibilities -- On the responsibilities of politicians -- What do ordinary people think? -- Why ask? -- Attitudes to welfare claimants -- When push comes to shove -- Perceptions and reality -- Further international comparisons -- The trouble with opinion surveys -- Four contemporary issues in focus -- Unemployment -- Health -- Drug abuse -- Personal debt and financial rewards -- So how do we decide? -- Getting the public involved -- Citizens juries -- Answering some potential criticisms. (shrink)

Many philosophers and jurists believe that individuals should sometimes be granted religiouslygrounded exemptions from laws or rules. To determine whether an exemption is merited in a particular case, the religious claim must be weighed against the countervailing values that favour the uniform application of the law or rule. This paper develops and applies a framework for assessing the weight of religious claims to exemption, across two dimensions. First, the importance of the burdened religious practice, which is determined by its level (...) of obligatoriness and centrality, according to the beliefs of the individual claimant. Second, the extent of the burden on the practice, which depends on the cost the individual bears if she both undertakes the religious practice and obeys the law or rule, where costs are assessed using an impartial account of individual interests. Exemptions should be granted when claims are weighty on either of these dimensions and the countervailing value is relatively weak. The final section of the paper responds to an important objection to this approach, which concerns administrability. (shrink)

In Canada, there are currently no guidelines at either the federal or provincial level regarding the provision of kidney transplantation services to foreign nationals (FN). Renal transplant centres have, in the past, agreed to put refugee claimants and other FNs on the renal transplant waiting list, in part, because these patients (refugee claimants) had health insurance through the Interim Federal Health Programme to cover the costs of medication and hospital care. However, severe cuts recently made to this programme have forced (...) clinicians to question whether they should continue with transplants for FNs, for financial and ethical reasons. This paper first examines different national policies (eg, in Canada, USA, France and the UK) to map the diversity of approaches regarding transplantation for FNs, and then works through different considerations commonly used to support or oppose the provision of organs to these patients: (1) the organ shortage; (2) the free-rider problem; (3) the risk of becoming a transplant destination; (4) the impact on organ donation rates; (5) physicians’ duties; (6) economic concerns; (7) vulnerability. Using a Canadian case as a focus, and generalising through a review of various national policies, we analyse the arguments for and against transplantation for FNs with a view to bringing clarity to what is a sensitive political and clinical management issue. Our aim is to help transplant centres, clinicians and ethicists reflect on the merits of possible options, and the rationales behind them. (shrink)

This study sets out to examine the ways Nigerian cyber-fraudsters (Yahoo-Boys) are represented in hip-hop music. The empirical basis of this article is lyrics from 18 hip-hop artists, which were subjected to a directed approach to qualitative content analysis and coded based on the moral disengagement mechanisms proposed by Bandura (1999). While results revealed that the ethics of Yahoo-Boys, as expressed by musicians, embody a range of moral disengagement mechanisms, they also shed light on the motives for the Nigerian cybercriminals' (...) actions. Further analysis revealed additional findings: “glamorization/de-glamorization of cyber-fraud” and “sex-roles-and-cultures”. Having operated within the constraint of what is currently available (a small sample size), this article has drawn attention to the notion that Yahoo-Boys and some musicians may be “birds of a feather.” Secondly, it has exposed a “hunter-and-antelope-relationship” between Yahoo-Boys and their victims. Thirdly, it has also highlighted that some ethos of law-abiding citizens is central to Yahoo-Boys’ moral enterprise. Yahoo-Boys, therefore, represent reflections of society. Arguably, given that Yahoo-Boys and singers are connected, and the oratory messages of singers may attract more followers than questioners, this study illuminates the cultural dimensions of cyber-fraud that emanate from Nigeria. In particular, insights from this study suggest that cyber-fraud researchers might look beyond traditional data sources (e.g., cyber-fraud statistics) for the empirical traces of “culture in action” that render fraudulently practices acceptable career paths for some Nigerian youths. (shrink)

Most inferentialists hope to bypass givenness by tracking the conditionals claimants are implicitly committed to. I argue that this approach is underdetermined because one can always construct parallel trees of conditionals. I illustrate this using the Müller-Lyer illusion and touching a table. In the former case, the lines are either even or uneven; in the latter case, a moving hand will either sweep through or be halted. For each possibility, we can rationally foresee consequents. However, I argue that, until and (...) unless we benefit from what is given in experience, we cannot know whether to affirm the antecedents of those conditionals. (shrink)

I argue that changes in the numerical identity of groups do not necessarily speak in favour of the supersession of some historical injustice. I contend that the correlativity between the perpetrator and the victim of injustices is not broken when the identity of groups changes. I develop this argument by considering indigenous people's claims in Argentina for the injustices suffered during the Conquest of the Desert. I argue that present claimants do not need to be part of the same entity (...) whose members suffered injustices many years ago. For identifying the proper recipients of reparation, all that is necessary is that the group who suffered the historical injustice under consideration has survived into the present. I also support a view upon which present living members of a certain group have reasons to redress those injustices perpetrated by their predecessors if they are relevantly connected with each other. In particular, by relying on the notion of collective inheritance, I argue that if present-day members of a certain group claim that they are the continuation of the group whose past members bequeathed them certain goods, they cannot consistently reject such a membership when the very same people legated them certain evils. (shrink)

There is a clear distinction between genuine and fraudulent reasoning. Being seduced by the latter can result in horrific consequences. This paper explores how we can arm ourselves, and others with the ability to recognize the difference between genuine and pseudo-reasoning, with the motivation to maintain an unbending commitment to follow the “impersonal” “norm-driven” rules of reason even in situations in which “non-reasonable” strategies appear to support short-term bests interests, and with the confidence that genuine reasoning is the best (...) defense against the pseudo-reasoning. It also provides a simple table of “markers” whereby genuine reasoning can be distinguished from the “fake stuff.”. (shrink)

Justiciability sets the boundaries of judicial review and the rule of law. A justiciable issue is that which is appropriate within a judicial forum. That is, where an "independent and impartial body" can remedy rights violations of identifiable claimants, the issue before it is justiciable. If it falls beyond what is judicially determinable, it is 'non-justiciable'. The principle is not fixed, as it does not permanently set the boundaries of that which is appropriate for judicial determination. Rather, it evolves "from (...) context to context," and expands and narrows along what falls within judicial competencies at a particular time. On an elementary level, it is distinct from jurisdiction, as it establishes boundaries of subject matter on policy or constitutional grounds, whereas jurisdiction is grounded in established legal rules. However, questions of jurisdiction can be subsumed under broader questions of justiciability. (shrink)

We identify the ethics of reparations policies as its own distinct field of inquiry, and consider several neglected ethical issues that arise in the process of devising reparations programmes. The problem of political instrumentalization has to do with the fact that reparations can be a way for the governments to bolster their legitimacy rather than achieve justice. The problem of exclusion refers to individuals with seemingly valid claims being turned away. Finally, the problem of inclusion has to do with including (...) would-be claimants who are not mobilized in making a reparations demand, as well as with reconciling competing reparations demands. (shrink)

This paper critically evaluates the classification of research-related fraudulent activities, with an emphasis on the specific misconduct falsification. The analysis begins by interrogating the assumption that all acts of fraud in research are intentional, suggesting that some instances may inadvertently arise during the course of scholarly activities. Misconducts like fabrication and falsification are categorized as fraudulent primarily due to their generation during research activities and their direct contribution to the distortion of scientific knowledge. Plagiarism, while deceptive, does not (...) necessarily originate from the research process nor lead directly to such distortion, and therefore is not classified as de facto fraud. The paper proposes that the definition of falsification – as established by the PHS – requires refinement to prevent wrongful allegations and convictions, enhance transparency, and offer clearer guidelines. This nuanced understanding is vital for safeguarding the credibility of the research process and protecting scientists from unfounded career-damaging accusations. Ultimately, this paper advocates for a clearer definition of falsification to protect the integrity of scientific research and prevent the miscarriage of justice. (shrink)

This article is about the manifestations of similarities between two seemingly distinct groups of Nigerians: cybercriminals and politicians. Which linguistic strategies do Twitter users use to express their opinions on cybercriminals and politicians? The study undertakes a qualitative analysis of ‘engaged’ tweets of an elite law enforcement agency in West Africa. We analyzed and coded over 100,000 ‘engaged’ tweets based on a component of mechanisms of moral disengagement (i.e., advantageous comparison), a linguistic device. The results reveal how respondents defend the (...) actions of online fraudsters (“the deviant group”) by strategically comparing them to the wrongful acts of corrupt politicians (“the respectable group”). Similarly, the results show how respondents positioned this linguistic strategy to compare “the powerless group” (online fraudsters) and “the powerful group” (politicians) in society. Indeed, tweet responses suggest that the Economic and Financial Crimes Commission (EFCC) generally looks downwards for culprits (i.e., online fraudsters) while ignoring fraudulent politicians. We conclude that the process by which some actions are interpreted as a crime compared to others is a moral enterprise. (shrink)

There are at present two ways in which to evaluate religiously-based claims to accommodation in the legal context. The first, objective approach holds that these claims should be grounded in « facts of the matter » about the religions in question. The second, subjective approach, is grounded in an appreciation by the courts of the sincerity of the claimant. The first approach has the advantage of accounting for the difference between two constitutional principles : freedom of conscience on the (...) one hand, and freedom of religion on the other. It has the disadvantage of transforming courts into expert bodies on religious matters. The subjective approach has a harder time accounting for the distinction. It also risks giving rise to a proliferation of claims. A plausible synthesis between the two approaches requires that we uncover the normative grounds justifying the granting by liberal democracies of religious accommodation. An analogous argument to that put forward by Kymlicka in the case of minority nations identifies the interest that citizens have in being able to exercise their « cultural agency » : the creative reappropriation and reinterpretation of the rituals, practices and norms of religious traditions.Il existe à l’heure actuelle dans le contexte juridique deux principales approches à l’évaluation de la légitimité des demandes d’accommodement pour des motifs religieux. La première, objective, affirme que ces demandes doivent pouvoir s’appuyer dans des faits concernant la religion en question. La seconde, subjective, s’appuie sur l’appréciation de la sincérité de la demande faite par le requérant. La première approche a l’avantage de rendre compte de la distinction entre les deux principes constitutionnels que sont, d’une part, la liberté de conscience, et de l’autre, la liberté de religion. Elle a l’inconvénient de tendre à ériger les tribunaux en « experts » sur des questions religieuses. L’approche subjective rend plus difficilement compte de la distinction entre les deux principes, et de plus risque de donner lieu à une prolifération de demandes. Pour atteindre une synthèse plausible de ces deux approches, il nous faut identifier les fondements normatifs justifiant l’intérêt que les démocraties libérales ont à reconnaître une telle catégorie d’accommodements. En prenant appui dans le célèbre argument de Kymlicka justifiant les droits de nations minoritaires, nous pouvons identifier un intérêt que ces types d’État ont à protéger les conditions permettant aux citoyens de manifester leur « agentivité culturelle », leur capacité à s’identifier en se les réappropriant et en les réinterprétant les normes, pratiques et rites issues de traditions religieuses. (shrink)

This paper discusses a dialectic whereby the law not only influenced medical thinking in late nineteenth-century Germany, but also underwent medicalization of its own initiative. At the end of the 1880s, social legislation was crucial in initiating the German discourse on traumatic nervous disorders. By employing doctors as medical experts in court, the law also created a new experiential realm for doctors, altering their behavior toward patients and shifting their focus from therapy to investigation. However, in the wake of their (...) experiences in court, doctors developed a dual etiology of traumatic symptoms, which included the law itself as a pathogenic element with the power to aggravate symptoms. Two medical views of law can be distinguished: some doctors claimed that it was the desire to receive the pensions offered under social legislation that induced workers to perpetuate and exaggerate their symptoms; others argued that since pension claims embroiled claimants in intimidating legal proceedings, the pathogenic effect of social legislation stemmed from fear rather than greed. (shrink)

This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to heart (...) that the pillars upon which the right of freedom of expression is founded are individual and collective autonomy, the right to know facts of public interest and information necessary for effective democratic control of government. The paper suggests that in a time when private powers seriously threaten these pillars, it is correct for the government to step in to provide the framework in which genuine discussion geared toward fulfilling the objectives of these pillars can take place. (shrink)

Not the publicly asserted reasons (humanitarianism and self-defense) but cooptation of oil reserves was the objective behind the US invasion of Iraq in 2003. This underlying motive utterly fails to satisfy just war jus ad bellum conditions. This prioritization of petroleum is well documented and is consistent with decades old US policy towards the Middle East, especially as codified by Anthony Cordesman in 1998 and US DoD's Strategic Assessment 1999 and then adopted by Bush II. This fraudulent use of (...) military force raises a question as to how motives for war can be accurately identified prior to falsely justified belligerence. Some positive signs are noted herein as to political philosophers' better use of Rawls's reflective equilibrium. (shrink)

In response to recent controversies about racial transitioning, I provide an argument that deceptions about ancestry may sometimes constitute fraud. In order to arrive at this conclusion, I criticize the arguments from analogy made famous by Rebecca Tuvel and Christine Overall. My claim is that we should not think of racial transitioning as similar to gender transitioning, because different identity groups possess different kinds of obstacles to entry. I then provide historical surveys of American racial categories and the various types (...) of passing common in American history, in order to distinguish the potentially fraudulent from the relatively innocent styles of passing. (shrink)

The Internet has revolutionized the way knowledge is currently produced, stored and disseminated. A few finger clicks on a keyboard can save time and many hours of search in libraries or shopping in stores. Online trademarks with an prefix such as e-library, e-business, e-health etc., are increasingly part of our daily professional vocabularies. However, the Internet has also produced multiple negative side effects, ranging from an unhealthy dependency to a dehumanization of human relationships. Fraudulent, unethical and scam practices are (...) also flourishing through for example misleading online advertising methods. Some social and professional networks gather users’ profiles for selling and advertising purposes, sometimes by making it technically difficult to unsubscribe. Here, I discuss some of these unethical aspects and propose some potential solutions to reduce them. (shrink)

This paper revisits the “Hwang case,” which shook Korean society and the world of stem cell research in 2005 with the fraudulent claim of creating patient-specific embryonic stem cells. My goal is to overcome a human-centered, Korea-oriented narrative, by illustrating how materials can have an integral role in the construction and judgment of fraud. To this end, I pay attention to Woo Suk Hwang’s lab at Seoul National University as a whole, including human and nonhuman agents, that functioned as (...) what I call sociomaterial technology, and Gerald P. Schatten at the University of Pittsburgh, Hwang’s collaborator, who played a crucial role in demonstrating the potency of this technology to the members of the scientific community. By recasting the whole event as the “case of Hwang and Schatten,” I argue that fraud is, like all knowledge claims, a sociotechnical construct, and that matters of fraud are locally judged. Fraud leaves its mark on materials, but I show that material evidence alone never tells the whole story and instead can be used to limit the range of responsibility. (shrink)

Kant’s conception of nature’s having a “purposiveness without a purpose” was quickly picked by the Romantics and made into a theory of art as revealing the otherwise hidden unity of nature and freedom. Other responses (such as Hegel’s) turned instead to Kant’s concept of judgment and used this to develop a theory that, instead of the Romantics’ conception of the non-discursive manifestation of the absolute, argued for the discursively articulable realization of conceptual truths. Although Hegel did not argue for the (...) “end of art” (although it is widely held that he did just that), he did, curiously enough, claim that it is art and not philosophy which tells us about the “life” of agents. To see how he reconciles that claim with his otherwise entirely discursively oriented philosophy, it is necessary to look at his thesis of the end of art’s “absolute” importance. Hegel’s worries have to do with the impossibility of fully exhibiting the “inner” in the “outer” in modern art and with the newly emerging problem of “fraudulence” in the poet’s voice. This is illustrated by examples drawn from the history of music and the problems besetting the lyric poet in modern life. Because of these problems, we are, Hegel says, now “amphibious animals” having to live in different and seemingly incompatible worlds. Hegel’s student, Heinrich Heine, found that the only satisfactory way of responding to this was for the modern artist to adopt a distinctive type of irony in response to the Hegel’s worries about modern art. This form of irony, it is argued, is itself Hegelian in spirit. (shrink)

The present article is presenting the ‘Healthcare Hazards and Its Impact on Health Insurance Business – An Overview during COVID-19’. The present paper studied the health insurance, health insurance plans in India, Indian market size, health care industry, government actions for the COVID-19, and healthcare business in India, private health insurance in India, hazardous of the healthcare industry and health insurances, and Indian healthcare issues in 2019. The author has concluded that all insurance policies are levied higher taxes by the (...) government, these lead higher income to the companies, and these are creating how commissions to the agents and other insurance organizations under reinsurance, but no benefits to the insured. It may not be a long term benefit, why because there is no maturity fund/income, because of these are shortterm benefits; how many of the policyholders are getting the benefits from the general health insurance companies. Hence, the research is required to calculate for the need of levy-the tax from the non-claimant portion of the income of the general health insurance on an annual basis to the health department of the nation. (shrink)

Peer review process helps in evaluating and validating of research that is published in the journals. U.S. Office of Research Integrity reported that data fraudulence was found to be involved in 94% cases of misconduct from 228 identified articles between 1994–2012. If fraud in published article are significantly as high as reported, the question arise in mind, were these articles peer reviewed? Another report said that the reviewers failed to detect 16 cases of fabricated article of Jan Hendrick Schon. Superficial (...) peer reviewing process does not reveals suspicion of misconduct. Lack of knowledge of systemic review process not only demolish the academic integrity in publication but also loss the trust of the people of the institution, the nation, and the world. The aim of this review article is to aware stakeholders specially novice reviewers about the peer review system. Beginners will understand how to review an article and they can justify better action choices in dealing with reviewing an article. (shrink)

Kant’s Prolegomena is a piece of philosophical advertising: it exists to convince the open-minded “future teacher” of metaphysics that the true critical philosophy — i.e., the Critique — provides the only viable solution to the problem of metaphysics (i.e. its failure to make any genuine progress). To be effective, a piece of advertising needs to know its audience. This chapter argues that Kant takes his reader to have some default sympathies for the common-sense challenge to metaphysics originating from Thomas Reid (...) and his followers; this fact in turn explains his rhetorical strategies in the Prolegomena, particularly regarding the presentation of the problem of metaphysics. The chapter draws attention to the importance of Shaftesbury, who, with a nod to Horace, had argued for the deployment of humour to disarm fraudulent claims to epistemic and moral authority. Kant looks to Horace himself to poke fun at the common-sense challenge to metaphysics, and from there to indicate the general shape of the particular argumentative strategies of the Critique — that project that alone, in his view, can promise some kind of future for metaphysics. (shrink)

Using research grants administrators and their clients (academic researchers) as the lens, this paper investigated the relevance and implication of a fraud prevention policy at a University of Technology (UoT) in South Africa. The paper adopted a quantitative approach in which closed-ended questions were complemented by open-ended questions in the survey questionnaire in the attempt to capture the perceptions of both research grants administrators and their clients on the relevance and implications of a fraud and irregularity prevention policy. The results (...) indicate that both research grants administrators (71.4 %), and their clients (73%) do not know if UoTx has a fraud and irregularity policy. While only 36% of research grants administrators indicated that they would feel safe reporting deceitful activities, a slight majority (59%) of the clients reported same. With regards to the steps to follow to report fraudulent activity, it was noted that while all (100%) the research grants administrators noted that they were clueless, ironically an overwhelming majority of their clients indicated otherwise. Notwithstanding, both research grants administrators and their clients (93% and 95% respectively) concurred that a fraud prevention policy was necessary for UoTx. The implication is that having phenomenal controls that are not effectively publicized, monitored or worse still overridden by someone are useless. (shrink)

Dear Editors, -/- I found the content of your editorials to be highly intriguing [1,2]. Scientific journals are witnessing a growing prevalence of publications related to artificial intelligence (AI). Three letters to the editor were recently published in your journal [3-5]. The renowned journal Nature has dedicated approximately 25 publications solely to the subject of ChatGPT. Moreover, a quick search on Pubmed using the term "ChatGPT" yields around 900 articles, with the vast majority originating in 2023. These statistics underscore the (...) substantial interest of the scientific community in this area. -/- AI, especially the ChatGPT tool and the recent Bard, have faced criticism and been portrayed as significant adversaries of science. It is evident that many authors or researchers, who may not be well-versed in writing, can greatly benefit from these tools, as mentioned earlier. Without taking a contrarian stance, one should consider the potential advantages of such technologies for researchers in less privileged regions, where access to new technologies is limited, and local or regional challenges abound [6]. AI cannot be confounded with other technologies, as it specifically focuses on replicating human-like intelligence and decision-making processes, rather than simply automating tasks or improving performance based on data patterns. -/- The translation into English poses challenges due to the dominance of English in worldwide publications, with over 95% of articles being published in this language, and even reaching 98% in some fields. Although this manuscript was partially translated using AI, it can still benefit researchers from non-native English regions. Even simple tasks like text editing can be problematic for researchers in underprivileged areas. AI can play a crucial role in the evolution of online lectures and classes, providing valuable support for African maxillofacial surgeons who lack the luxury of taking breaks from work to update their knowledge, as they may be the only available option [7]. One of the remarkable features of AI is its ability to discover knowledge gaps. The use of simple tools like reference organizers is rapidly evolving and can become automated or semi-automated through AI. However, we must carefully consider whether we should refrain from relying too heavily on AI in certain cases, as this could be seen as a significant regression. -/- On the other hand, we must be cautious about freely allowing AI tools to circulate in scientific journals and books without proper regulation [8]. Currently, accurately identifying texts generated by AI is challenging, and their effectiveness remains relatively low, at less than 30%. This means that only about 30 out of every 100 texts can be confidently classified as AI-generated. The technology must advance further to increase detection accuracy or at least raise suspicion. Academic journals no longer view authors acknowledging artificial intelligence tools as co-authors in their research favorably. This is crucial to prevent certain unscrupulous individuals, such as "false prophets," charlatans, and flat-earthers, from infiltrating the realm of science, potentially impeding the progress of serious research conducted by professionals dedicated to advancing humanity through science. -/- It is essential to keep in mind that AI does not generate anything novel. Human authors can not be fully substituted [9]. In research involving groundbreaking concepts, innovations, case reports, or technical notes, the use of AI tends to be less frequent due to its lack of capability in creating innovative outcomes. On the other hand, reviews, whether narrative, systematic, or scoping, are based on existing publications. To address potential fraudulent practices, editors, reviewers, and journals themselves should exercise greater vigilance and apply more stringent filters for this type of publication. -/- An article from over a decade ago already discussed the professions most susceptible to replacement by computerization [10]. Maxillofacial surgeons, physicians, dentists, and psychologists are among the professions that are less likely to be displaced. This position can be attributed to the significant level of patient-professional interaction, the development of specific manual skills over time, and the ability to make adaptable decisions during procedures. These intricacies pose formidable challenges for AI to grasp, regardless of its level of advancement. -/- We should maintain a composed yet vigilant stance at this juncture. Just as Portuguese navigators feared encountering serpents and sea monsters when they ventured into uncharted waters, the uncertainty and novelty of AI can evoke apprehension in us all. Nonetheless, we must embrace the benefits that AI can offer while imposing strict regulations and appropriate penalties to prevent any potential abuses carried out "in the name of science." -/- Sincerely yours,. (shrink)

This article’s (Part1 of a series) main focus is on a logical analysis of Appiah’s main argument that Alexander Crummell was a racist. However to show that the implicit fraudulent scholarship involved in nature of the argument is specifically racist we need to put his claimed logical argument in the context of other claims that Appiah makes in order to show that there is a pattern of fraudulent scholarship with a specifically anti African anti- Afro American animus. A (...) ‘prelude ‘ will cover these points and then ‘Appiah’s logical analysis of racism’ will look closely at the logic of his claims. Here the issue is that a logical review simply asks if the premises can justify the conclusion and if each step of an argument can follow the earlier in a formally sound manner. Such an analysis abstracts from the issue of whether the steps are reasonable or factually correct. (shrink)

This paper uses analytic philosophy to prevent merely verbal disputes about the concept of fiction within discussions on fictiones iuris. It provides a survey of potentially fruitful connections between legal fictions and fictionalism. More specifically, I will argue that by enriching current accounts of legal fictions in legal theory with insights from (1) the philosophy of language on fictional speech and from (2) contemporary metaphysics on philosophical fictionalism, it seems natural to explore the position that talk involving fictiones iuris is (...) structurally an exemplification of elliptical speech. Such fictionalism about legal fictions illuminates why prominent condemnations of fictions in law – e.g. as blatant falsehoods, shady fraudulences, or legal defects – are theoretical myths, since they fail to distinguish between analytically distinct (ontological, epistemic, alethic, semantic, and evaluative) levels. Moreover, a fictionalist account might even sharpen our sense of which legal fictions are more “innocent” than others. I will begin by introducing philosophical fictionalism (II), before the fictiones iuris will be characterized as an operation in legal reasoning by consulting the Leibnizian reconstruction of Roman Law’s epistemology (III). Sections IV and V seek to provide further clarifications on the ‘fictional’ / ‘fictitious’ distinction as well as the heterogeneity of fictionalist research questions. Section VI then contains a little guided tour through the different analyses of the concept of fiction(s) within fictionalism. Subsequently, I will show how insights from those discussions contribute to demystify some of the most prominent allegations raised against legal fictions (VII). Fictionalism about legal fictions, Section VIII tentatively suggests, might not only harmonize with both classic and recent treatments of legal fictions, but help to also highlight their epistemic values. In slogan form: fictiones iuris are instruments to preserve legal truths worth having. (shrink)

Scientists who engage in science and the scientific endeavor should seek truth with conviction of morals and commitment to ethics. While the number of publications continues to increase, the number of retractions has increased at a faster rate. Journals publish fraudulent research papers despite claims of peer review and adherence to publishing ethics. Nevertheless, appropriate ethical peer review will remain a gatekeeper when selecting research manuscripts in scholarly publishing and approving research applications for grant funding. However, this peer review (...) must become more open, fair, transparent, equitable, and just with new recommendations and guidelines for reproducible and accountable reviews that support and promote fair citation and citational justice. We should engineer this new peer-review process with modern informatics technology and information science to provide and defend better safeguards for truth and integrity, to clarify and maintain the provenance of information and ideas, and to rebuild and restore trust in scholarly research institutions. Indeed, this new approach will be necessary in the current post-truth era to counter the ease and speed with which mis-information, dis-information, anti-information, caco-information, and mal-information spread through the internet, web, news, and social media. The most important question for application of new peer-review methods to these information wars should be ‘Who does what when?’ in support of reproducible and accountable reviews. Who refers to the authors, reviewers, editors, and publishers as participants in the review process. What refers to disclosure of the participants' identities, the material content of author manuscripts and reviewer commentaries, and other communications between authors and reviewers. When refers to tracking the sequential points in time for which disclosure of whose identity, which content, and which communication at which step of the peer-review process for which audience of readers and reviewers. We believe that quality peer review, and peer review of peer review, must be motivated and maintained by elevating their status and prestige to an art and a science. Both peer review itself and peer review analyses of peer reviews should be incentivised by publishing peer reviews as citable references separately from the research report reviewed while crossreferenced and crosslinked to the report reviewed. (shrink)

What is a fake artwork? This is seldom asked in aesthetics even though judging an artwork as excellent or original implicitly posits criteria for fraudulent or dubious artworks as well. This article presents Nelson Goodman’s proposal of how we are to understand fakes. It will criticize his predominantly cognitive approach for failure of incorporating a sense of aesthetic value, thereby leaving the possibility of artworks which are fakes but nevertheless originals unexplained. Instead Stanley Cavell’s writings on aesthetic judgment are (...) explored establishing a better frame for understanding these artworks. (shrink)

In 2001 soon after the Asian Crises of 1997-1998, the DotcomBubble, 9/11, the Enron crises triggered a fraud crisis in Wall Street that impacted the market to the core. Since then scandals such as the Lehman Brothers and WorldCom in 2007-2008 and the Great Recession have surpassed it, Enron still remains one of the most important cases of fraudulent accounting. In 2000’s even though the financial industry had become highly regulated, deregulation of the energy industry allowed companies to place (...) bets on future prices. At the peak of the dotcom bubble Enron was named as a star innovator but when the dotcom bubble burst, Enron’s plan to build high speed internet did not flourish and investors started to realize losses. Furthermore, the financial losses of the operations were hid using the market to market accounting technique instead of book value and using special purpose entities to hide debt. The root cause that was identified as a company with a toxic corporate culture focused on officer compensation rather than social responsibility and hence faulty leadership. Is it possible then that; ethical accounting practices, social responsibility and ethics all become inferior goods as income rises in an ‘irrationally exuberant’era? (shrink)

Abstract: This study tries to establish the microfinance and financial inclusion nexus in Nigeria from 1981 to 2017. The Augmented Dickey-Fuller (ADF) test, co-integration test and Error Correction Model (ECM), as well as diagnostics and stability test were employed in the analysis. The research findings revealed that microfinance has positive significant effect on financial inclusion in Nigeria in the short–run and long–run. This finding is in line CBN objectives for the establishment of microfinance banks. The effect of lending interest rate (...) has a positive but has no significant with financial inclusion in the model one while it is statistically significant with poverty in Nigeria in the mode two. The positive lending interest rate has a statistically significant effect on the level of financial inclusion and national poverty index used as a proxy for poverty rate in the long run in the models. Also, the research also found that microfinance has really a tool to fight against poverty in Nigeria in the short-run, while it’s not really a tool to fight against poverty in the long-run in Nigeria. It was therefore recommended that Government agency and regulatory authority policies and practices need to play a key role in making micro-credit available to the economically-active poor people who are not being served by the formal financial sector. Also, apart from monitoring lending interest rates, the government needs to establish frameworks to prevent undercapitalization, fraudulent practices, and unwarranted interference from bank board members in Nigeria. (shrink)

A work of Vietnamese art crossed the million-dollar mark in the international art market in early 2017. The event was reluctantly seen as a sign of maturity for Vietnamese art amidst many problems. Even though the media in Vietnam has discussed the problems enthusiastically, there is a lack of literature from Vietnamese academics on the subject, especially from the market perspective. This paper aims to contribute an insightful perspective on the Vietnamese art market through the lens of art frauds. Thirty-five (...) cases of fraudulent paintings were found on the news and in stories told by art connoisseurs. The qualitative analysis of the cases has shown that the economic value of Vietnamese paintings remains high despite the controversial claims about their authenticity. Here, the Vietnamese authority seems indifferent to the problem of art frauds, which make the artists more powerless. While the involvement of foreign actors in the trading of Vietnamese art does not reduce the intensity of the problem, it seems to continue to drive the price higher. The results have implications on the system of art in Vietnam, the current state of art theft in Vietnam, and the perception of Vietnamese people on art. (shrink)

In the wake of the recent financial crisis, increasing the effectiveness of auditing has weighed heavily on the minds of those responsible for governance. When a business is profitable and paying healthy dividends to its stockholders, fraudulent activities and accounting irregularities can go unnoticed. However, when revenue and cash flow decline, internal costs and operations may be scrutinized more diligently, and discrepancies can emerge as a result. Effective Auditing for Corporates provides you with proactive advice to ...

The objective of theatre establishments as business concerns remains predominantly to cover costs and make profits. Of all the avenues generation, gate-takings remain readily available and have been used by theatres for centuries now. But due to fraudulent activities, theatre establishments can be short-changed. Consequently, revenues can be lost and the establishments unable to meet their obligations; taxes, honoraria, rents, wages etc. it is therefore imperative to adopt measures that would strengthen gate-takings as revenue machinery, devoid of fraudulent (...) practices. This work examines theatre as a business and prescribes measures that can be adopted to safe-guard gate-takings, as part of internal financial control in theatre establishments. (shrink)