The electron is found at discrete energy levels within the atom, transition between these levels is considered to involve a `jump' rather than via a continuous motion. If we simulate the transition in the H atom as a series of individual steps, with each step the frequency of the electron, we can map a semi-continuous transition (from n=1 to n=2 requires about 1887860 steps, transition period a function of the photon wavelength). Plotting the electron from n=1 to ionization traces a (...) hyperbolic spiral, the significance being that at specific spiral angles, the angle components cancel returning an integer value for the radius (360°=4r, 360+120°=9r, 360+180°=16r, 360+216°=25r ... 720°). If we set initial radius r = Bohr radius, then we can use the spiral perimeter to calculate the transition frequencies at these angles. As these spiral angles correlate the energy level Bohr radii directly with pi, we may ask if quantization of the atom has a geometrical origin. Furthermore, the closer the vicinity of the electron to the proton, the greater the divergence from the idealized value suggesting the electron maybe causing a distortion within the proton internal structure. (shrink)

In this article, I discuss the analysis of the feasibility of global justice developed by Pablo Gilabert in his recent book From Global Poverty to Global Equality: A Philosophical Exploration. Gilabert makes many valuable contributions to this topic and I agree with most of his analysis. However, I identify a distinction between strategic justification and moral justification that Gilabert neglects. I show how this distinction is useful in addressing objections to the feasibility of global justice. I also claim that Gilabert (...) makes some problematic assumptions concerning the way in which global justice is morally demanding. (shrink)

This paper gives the wider background to the references in Lacan’s work to the life of Angelus Silesius, the pseudonym of Johann Scheffler [1624-1677], and his principle mystical text, the Cherubinische Wandersmann. A text almost certainly written between 1651 and 1653, a period of deeply personal transition and transformation which culminated in his reception into the Catholic Church and his decision to become a Jesuit. It includes a summary of the development of Christian mysticism in the West and the immediate (...) context in which Lacan’s interest in the mystical emerged. This latter included a study of Silesius by Jean Baruzi. While Derrida and others have considered Silesius’ work not truly mystical, this paper argues that this is to over subscribe to a view in which the mystical is reduced to subjective, individual experience. A reading that only became common in the eighteenth and nineteenth centuries. (shrink)

Belief-state ascription — determining what someone “knew,” “believed,” was “aware of,” etc. — is central to many areas of law. In criminal law, the distinction between knowledge and recklessness, and the use of broad jury instructions concerning other belief states, presupposes a common and stable understanding of what those belief-state terms mean. But a wealth of empirical work at the intersection of philosophy and psychology — falling under the banner of “Experimental Epistemology” — reveals how laypeople’s understandings of mens rea (...) concepts differ systematically from what scholars, courts, and perhaps legislators, have assumed. -/- As implemented, mens rea concepts are much more context-dependent and normatively evaluative than the conventional wisdom suggests, even assuming that jurors are following jury instructions to the letter. As a result, there is less difference between knowledge and recklessness than is typically assumed; jurors consistently “over”-ascribe knowledge to criminal defendants; and concepts like “belief,” “awareness,” and “conscious disregard” mean different things in different contexts, resulting in mens rea findings systematically responsive to aspects of the case traditionally considered irrelevant to the meaning of those terms. -/- This Article provides the first systematic account of the factors driving jurors’ ascriptions of the specific belief states criminal law invokes. After surveying mens rea jury instructions, introducing the Experimental Epistemology literature to the legal literature on mens rea, and examining the implications of that literature for criminal law, this Article considers ways to begin bridging the surprisingly large gap between mens rea theory and practice. (shrink)

The University of Vienna saw witness to the Opening Conference of the ESF-Research Networking Programme “The Philosophy of Science in a European perspective” (PSE) which was organised by the Vienna Circle Institute and took place on the 18-20 December at the Campus of the University of Vienna, 2008. Its overarching aim was to set the background for a collaborative project organising, systematising, and ultimately forging an identity for, European philosophy of science by creating research structures and developing research networks across (...) Europe to promote its development. As such under the general rubric of ‘the present situation in the philosophy of science’, the emphasis was on as a first step identifying traditions and research structures already present, and the directions in which this research was leading. (shrink)

It is argued that whenever component parts are assembled into an integrated whole, some of the properties defining the qualitative identities of the components are lost, and therefore the components as such have ceased to exist, at least temporarily. They have been replaced by a structure, which has different properties and behaviour from its components. In the process of creating a structure some properties are lost and others are gained, so rather than saying "a whole is more than the sum (...) of its parts" it would be more accurate to say "a whole is instead of its parts". It is suggested that the visual perception of components continuing to exist intact within solid structures is illusory, a result of the way our perceptual and cognitive processes habitually operate. The relation between physical structures and consciousness is briefly discussed, in the context of the physical universe conceived as one continuous structure uniting all individual physical entities. (shrink)

Following the 26th General Conference on Weights and Measures are fixed the numerical values of the 4 physical constants ($h, c, e, k_B$). This is premised on the independence of these constants. This article discusses a model of a mathematical electron from which can be defined the Planck units as geometrical objects (mass M=1, time T=2$\pi$ ...). In this model these objects are interrelated via this electron geometry such that once we have assigned values to 2 Planck units then we (...) have fixed the values for all Planck units. As all constants can then be defined using geometrical forms (in terms of 2 fixed mathematical constants, 2 unit-specific scalars and a defined relationship between the units $kg, m, s, A$), the least precise CODATA 2014 constants ($G, h, e, m_e, k_B$...) can then be solved via the most precise ($c, \mu_0, \alpha, R_\infty$), with numerical precision limited by the precision of the fine structure constant $\alpha$. In terms of this model we now for example have 2 separate values for elementary charge, calculated from ($c, \alpha, R_\infty$) and the 2017 revision. (shrink)

In the Phaedrus, Plato speaks of various forms of madness having a divine origin, and bestowing virtue on mankind. A similar, though not equivalent elevation of madness over sanity is found in the Pauline epistles, where Christians are described as fools. Diogenes of Sinope and a number of other Cynics, as well as Christian ascetics, adopted a way of life that could reasonably be described as mad. This challenged received ideas about sanity, and in so doing, emphasized its social aspect. (...) The prophet and the poet were seen in antiquity to disclosed truth, in enigmatic sayings and in odd turns of phrase that stretch everyday usage. This overstepping of reason (logos) links both inspired madness and simulated madness to the lexis of mysticism. They are, in other words, a stance, in relation to knowing, that is shared by philosophy. To use Heidegger’s idiom, the latter is nothing other than a rambling path through the forest, one which often leads nowhere. But sometimes comes to a clearing in which Being itself is made manifest as ek-stasis. -/- . (shrink)

This paper is concerned with the background to Lacan’s Seminar I, chapter xx on Augustine’s De magistro, its manuscript sources, editions and structure. The discussion of Augustine’s treatise was suggested to Lacan by Louis Beirnaert but he seems not to have known the text. We argue that there are reasons to think the suggestion came from his Jesuit confrere Paul Henry, the learned co-editor of the Enneads, who was helping to organise an international congress in Paris that year on Augustine. (...) Although the history of the discussion of ‘signs’ goes back to Aristotle, the only attempt to bring signification into a theory of language, prior to Augustine, is found in a passage in Plotinus which Henry had discussed some years earlier. The Latin text of De magistro they used was, unfortunately, badly corrupted and this contributed to a mistaken understanding of its structure. Nevertheless, Lacan found some important parallels between Augustine’s view on teaching and the complexity of understanding and his own teaching and psychoanalysis. (shrink)

Most business in the Philippines is mostly in the microenterprise. Hence, this research was accomplished in order to assess the effectiveness of financial management practices of microenterprises in Quezon City. The city was selected as the locale of the research since there were various microenterprises built in this location. The respondents were classified according to the number of years in operation of their business, the number of employees, capitalization, and their source of funds. Additionally, the individual profile was also classified (...) into their age, highest educational attainment, and the number of seminars or trainings related to their business that they had attended. The assessment was specified into aspects of financial planning, financial control, and cash management. The result shows that most businesses were newly established and only operating for zero (0) to two (2) years. The result also showed that most of the respondents only had a capitalization of PHP 100,000.00 and they were utilizing their personal savings as a source of funds. Most of them are aged from twenty-one (21) to thirty (30) years with no bachelor’s degrees. They only attended seminars and training less than three (3) times. The result of this study was beneficial to business owners, local government units, government, government agencies, banks, and other financial institutions, academe, and future researchers. (shrink)

An orbital simulation program is described that uses a geometrical approach to modeling gravitational and atomic orbits at the Planck scale. Orbiting objects A, B, C... are sub-divided into points, each point representing 1 unit of Planck mass, for example, a 1kg satellite would divide into 1kg/Planck mass = 45940509 points. Each point in object A then forms a rotating orbital pair with every corresponding point in objects B, C... resulting in a universe-wide, n-body network of rotating point-to-point orbital pairs. (...) Each orbital pair rotates 1 unit of Planck length per unit of Planck time at velocity c in hypersphere space co-ordinates, the results are then summed and averaged to give the new co-ordinates, the program then repeats. When these rotations are mapped over time on a 2-D plane (representing 3D space), objects A, B, C... appear to be orbiting each other. The basic simulation uses the fine structure constant alpha as an orbital constant to simulate gravitational orbit parameters. As each orbital comprises only 2 points, 1 at each orbital pole, information regarding the objects A, B, C... ; momentum, size, center of mass, barycenter etc ... is not required, instead only the start (x, y, z) co-ordinates of each point are defined. Each point, by having a mass of Planck mass, is itself a construct of multiple particles, and so we can also form individual particle to particle orbital pairs. The simulation uses only geometry, no dimensioned constants (G, h, c ...) are required, although the results can be measured in Planck units for comparison. Points are physically linked together by a unit of momentum (a graviton), the rationale for this is described in a subsequent article on atomic orbitals. (shrink)

The Simulation Hypothesis proposes that all of reality, including the earth and the universe, is in fact an artificial simulation, analogous to a computer simulation, and as such our reality is an illusion. In this essay I describe a method for programming mass, length, time and charge (MLTA) as geometrical objects derived from the formula for a virtual electron; $f_e = 4\pi^2r^3$ ($r = 2^6 3 \pi^2 \alpha \Omega^5$) where the fine structure constant $\alpha$ = 137.03599... and $\Omega$ = 2.00713494... (...) are mathematical constants and the MLTA geometries are; M = (1), T = ($2\pi$), L = ($2\pi^2\Omega^2$), A = ($4\pi \Omega)^3/\alpha$. As objects they are independent of any set of units and also of any numbering system, terrestrial or alien. As the geometries are interrelated according to $f_e$, we can replace designations such as ($kg, m, s, A$) with a rule set; mass = $u^{15}$, length = $u^{-13}$, time = $u^{-30}$, ampere = $u^{3}$. The formula $f_e$ is unit-less ($u^0$) and combines these geometries in the following ratio M$^9$T$^{11}$/L$^{15}$ and (AL)$^3$/T, as such these ratio are unit-less. To translate MLTA to their respective SI Planck units requires an additional 2 unit-dependent scalars. We may thereby derive the CODATA 2014 physical constants via the 2 (fixed) mathematical constants ($\alpha, \Omega$), 2 dimensioned scalars and the rule set $u$. As all constants can be defined geometrically, the least precise constants ($G, h, e, m_e, k_B$...) can also be solved via the most precise ($c, \mu_0, R_\infty, \alpha$), numerical precision then limited by the precision of the fine structure constant $\alpha$. (shrink)

If there is a plurality of absolutely separate individual conscious existences, corresponding to individual living organisms, then the directly experienced fact that only a particular one of these consciousnesses, one's own, stands out as immediately present, can not be true absolutely, but only relative to some specific context of conditions and qualifications singling out that particular consciousness. But further consideration demonstrates that it is not possible for any such context to be specified. This implies that all conscious existences must ultimately (...) be united as, or in, some single conscious entity underlying the apparent plurality of individuals. (shrink)

Outlined here is a simulation hypothesis approach that uses an expanding (the simulation clock-rate measured in units of Planck time) 4-axis hyper-sphere and mathematical particles that oscillate between an electric wave-state and a mass (unit of Planck mass per unit of Planck time) point-state. Particles are assigned a spin axis which determines the direction in which they are pulled by this (hyper-sphere pilot wave) expansion, thus all particles travel at, and only at, the velocity of expansion (the origin of $c$), (...) however only the particle point-state has definable co-ordinates within the hyper-sphere. Photons are the mechanism of information exchange, as they lack a mass state they can only travel laterally (in hypersphere co-ordinate terms) between particles and so this hypersphere expansion cannot be directly observed, relativity then becomes the mathematics of perspective translating between the absolute (hypersphere) and the relative motion (3D space) co-ordinate systems. A discrete `pixel' lattice geometry is assigned as the gravitational space. Units of $\hbar c$ `physically' link particles into orbital pairs. As these are direct particle to particle links, a gravitational force between macro objects is not required, the gravitational orbit as the sum of these individual orbiting pairs. A 14.6 billion year old hyper-sphere (the sum of Planck black-hole units) has similar parameters to the cosmic microwave background. The Casimir force is a measure of the background radiation density. (shrink)

The Simulation Hypothesis proposes that all of reality is in fact an artificial simulation, analogous to a computer simulation. Outlined here is a method for programming relativistic mass, space and time at the Planck level as applicable for use in Planck Universe-as-a-Simulation Hypothesis. For the virtual universe the model uses a 4-axis hyper-sphere that expands in incremental steps (the simulation clock-rate). Virtual particles that oscillate between an electric wave-state and a mass point-state are mapped within this hyper-sphere, the oscillation driven (...) by this expansion. Particles are assigned an N-S axis which determines the direction in which they are pulled along by the expansion, thus an independent particle motion may be dispensed with. Only in the mass point-state do particles have fixed hyper-sphere co-ordinates. The rate of expansion translates to the speed of light and so in terms of the hyper-sphere co-ordinates all particles (and objects) travel at the speed of light, time (as the clock-rate) and velocity (as the rate of expansion) are therefore constant, however photons, as the means of information exchange, are restricted to lateral movement across the hyper-sphere thus giving the appearance of a 3-D space. Lorentz formulas are used to translate between this 3-D space and the hyper-sphere co-ordinates, relativity resembling the mathematics of perspective. (shrink)

We argue that many recent philosophical discussions about the reference of everyday concepts of intentional states have implicitly been predicated on descriptive theories of reference. To rectify this, we attempt to demonstrate how a causal theory can be applied to intentional concepts. Specifically, we argue that some phenomena in early social de- velopment ðe.g., mimicry, gaze following, and emotional contagionÞ can serve as refer- ence fixers that enable children to track others’ intentional states and, thus, to refer to those states. (...) This allows intentional concepts to be anchored to their referents, even if folk psy- chological descriptions turn out to be false. (shrink)

Sustainability science seeks to extend scientific investigation into domains characterized by a distinct problem-solving agenda, physical and social complexity, and complex moral and ethical landscapes. In this endeavor it arguably pushes scientific investigation beyond its usual comfort zones, raising fundamental issues about how best to structure such investigation. Philosophers of science have long scrutinized the structure of science and scientific practices, and the conditions under which they operate effectively. We propose a critical engagement between sustainability scientists and philosophers of science (...) with respect to how to engage in scientific activity in these complex domains. We identify specific issues philosophers of science raise concerning current sustainability science and the contributions philosophers can make to resolving them. In conclusion we reflect on the steps philosophers of science could take to advance sustainability science. (shrink)

Situating psychoanalysis as the foundation of the therapeutic community and as a spiritual exercise, the author argues that contemporary approaches articulate a form of akēdia – a desire to be elsewhere – both in its focus on expectation and its misunderstanding of the nature ‘place’. This amounts to an avoidance of being-with the subject of psychosis. This leads to a discussion of the formation necessary for therapeutic community practitioners which is in opposition to the notion of training. Such a formation (...) amounts to an inscription into the discourse of the therapeutic community with specific reference to the Law (Oedipus). -/- L’autore intende la psicoanalisi come esercizio spirituale e la colloca come base fondante della Comunità Terapeutica. Egli critica gli approcci contemporanei al trattamento della psicosi, poiché mettono in atto qualcosa di simile al desiderio di essere altrove -akēdia- sia per quanto riguarda le aspettative che l’incomprensione del ‘luogo’ della natura. Questo atteggiamento porta a un evitamento dell’essere-con la psicosi. Tali premesse aprono di fatto la discussione sulla necessaria formazione degli operatori di una comunità terapeutica che non può essere racchiusa nella parola training. La formazione degli operatori è nell’essere, nell’appartenere alla stessa comunità terapeutica e non può che far preciso riferimento ai concetti edipici di confine e di Legge. (shrink)

This is a response to Macleod 2012's argument that the history of unjust property acquisitions requires rich libertarians to give away everything in excess of equality. At first, problematic questions are raised. How much property is usually inherited or illegitimate? Why should legitimate inheritance be affected? What of the burden of proof and court cases? A counterfactual problem is addressed. Three important cases are considered: great earned wealth; American slavery; land usurpation. All are argued to be problematic for (...) class='Hi'>Macleod 2012's thesis. Various problems are explained concerning using the Nozickian argument to decide the alleged excess that rich libertarians own. The essay's main error is the presupposition that free markets do not help the worst-off. The majority of unjust holdings today are not the result of historical injustices but arise through continuing transfers enabled by taxation and state-regulation. More study of libertarian contributions to the social sciences and philosophy would appear to be desirable "personal behavior" among socialists. (shrink)

Richard M.Gale reviewed my book in Notre Dame Philosophical Reviews in May 2009. The overall conclusion of my reply is that although Gale repeatedly claims that the book is defective, his review has not identified any genuine defects.

This is a response to Richard M. Gale’s review of my book God, the Best, and Evil, Clarendon Press 2008. The review was published on-line in May 2009, in Notre Dame Philosophical Reviews.

Richard Gale and Alexander Pruss contend that their ‘new cosmological argument’ is an improvement over familiar cosmological arguments because it relies upon a weaker version of the Principle of Sufficient Reason than that used in those more familiar arguments. However, I note that their ‘weaker’ version of the Principle of Sufficient Reason entails the ‘stronger’ version of that principle which is used in more familiar arguments, so that the alleged advantage of their proof turns out to be illusory. Moreover, (...) I contend that, even if their argument did rely on a weaker version of the Principle of Sufficient reason, nontheists would still be perfectly within their rights to refuse to accept the conclusion of the argument. (shrink)

In On the Nature and Existence of God, Richard Gale follows majority opinion in giving very short shrift to the doctrine of divine simplicity: in his view, there is no coherent expressible doctrine of divine simplicity. Rising to the implicit challenge, I argue that---contrary to what is widely believed---there is a coherently expressible doctrine of divine simplicity, though it is rather different from the views that are typically expressed by defenders of this doctrine. At the very least, I think (...) that I manage to show that there are ways of understanding the doctrine of divine simplicity that have not yet been adequately examined. (shrink)

This is the concluding chapter of a debate book about the existence of God: *Theism and Atheism: Opposing Arguments in Philosophy* (Gale, 2019). The book has a large number of contributors on both sides. My chapter suggests one way of unifying the contributions that are made on the atheistic side.

When Sartre arrives late to meet Pierre at a local establishment, he discovers not merely that Pierre is absent, but Pierre’s absence, where this depends, or so Sartre notoriously supposes, on a frustrated expectation that Pierre would be seen at that place. Many philosophers have railed against this view, taking it to entail a treatment of the ontology of absence that Richard Gale describes as ‘attitudinal’ – one whereby absences are thought to ontologically depend on psychological attitudes. In this (...) paper, I aim to make Sartre’s intuition respectable. What Sartre perceives is an absential location, only the boundaries of which are circumscribed by what Sartre is doing at that place: meeting Pierre. I explain how this Sartrean view, though not specifically attributable to Sartre, nonetheless honours some of the phenomenological data described, if a little opaquely, in Being and Nothingness. (shrink)

Interest in the nature and importance of ‘childhood goods’ recently has emerged within philosophy. Childhood goods, roughly, are things that are good for persons qua children independent of any contribution to the good of persons qua adults. According to Colin Macleod, John Rawls’s political conception of justice as fairness rests upon an adult-centered ‘agency assumption’ and thus is incapable of incorporating childhood goods into its content. Macleod concludes that because of this, justice as fairness cannot be regarded as (...) a complete conception of distributive justice. In this paper I provide a political liberal response to Macleod’s argument by advancing three claims. First, I propose that political liberalism should treat leisure time as a distinct ‘primary good.’ Second, I suggest that leisure time should be distributed via the ‘basic needs principle’ and the ‘difference principle’ for all citizens over the course of their complete lives, including their childhoods. Third, the provision of leisure time in this way supports the realization of childhood goods for citizens. (shrink)

The chemical characterization of the substance responsible for the phenomenon of “transformation” of pneumococci was presented in the now famous 1944 paper by Avery, MacLeod, and McCarty. Reception of this work was mixed. Although interpreting their results as evidence that deoxyribonucleic acid (DNA) is the molecule responsible for genetic changes was, at the time, controversial, this paper has been retrospectively celebrated as providing such evidence. The mixed and changing assessment of the evidence presented in the paper was due to (...) the work’s interpretive flexibility – the evidence was interpreted in various ways, and such interpretations were justified given the neophytic state of molecular biology and methodological limitations of Avery’s transformation studies. I argue that the changing context in which the evidence presented by Avery’s group was interpreted partly explains the vicissitudes of the assessments of the evidence. Two less compelling explanations of the reception are a myth-making account and an appeal to the wartime historical context of its publication. (shrink)

An assessment of the similarities and differences between space and time has played an important part in the development of the views of a number of philosophers about time. Examples of statements about time are compared with allegedly corresponding statements about space to give us analogies and disanalogies according to whether the statements have the same or different truth values. But what are the general principles on which such comparisons are based? In particular, according to what criteria are corresponding sentences (...) paired off? Are there any such general criteria? And if so, do they already presuppose a substantial commitment to one or other of the points of view at issue where analogies and disanalogies are discussed? This paper is concerned with two specific proposals for criteria of correspondence, one due to Richard Gale (1968, 1969) and James Garson (1969), which is rejected, and the other tentatively advanced in its place. (shrink)

Graham Oppy has argued that possible explanation entails explanation in order to object to Richard Gale and Alexander Pruss’s new cosmological argument that it does not improve upon familiar cosmological arguments. Gale and Pruss as well as Pruss individually have granted Oppy’s inference from possible explanation to explanation and argue that this inference provides a reason to believe that the strong principle of sufficient reason is true. In this article, I shall undermine Oppy’s objection to the new cosmological (...) argument by arguing that it is logically possible that some truths are merely possibly explained. (shrink)

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

Marx’s theory of historical materialism seeks to explain human history and development on the basis of the material conditions underlying all human existence. For Marx, the most important of all human activities is the activity of production by means of labor. With his focus on production through labor, Marx argues that it is possible to provide a materialistic explanation of how human beings not only transform the world (by applying the “forces of production” to it) but also transform themselves in (...) transforming the world (by entering into “relations of production” with one another). For Marx, the productive labor of human beings – and the resulting interplay between the forces and relations of production – function together as the engine which drives all historical change and development. By understanding how the productive activities of human beings give rise to the division of labor and class conflict, it becomes possible, according to Marx, to understand how different historical epochs succeed one another, and how the trajectory of human history points towards a communist society within which the division of labor and class conflict will be abolished. (shrink)