Artificial intelligence (AI) is increasingly expected to disrupt the ordinary functioning of society. From how we fight wars or govern society, to how we work and play, and from how we create to how we teach and learn, there is almost no field of human activity which is believed to be entirely immune from the impact of this emerging technology. This poses a multifaceted problem when it comes to designing and understanding regulatory responses to AI. This article aims to: (i) (...) defend the need for a novel conceptual model for understanding the systemic legal disruption caused by new technologies such as AI; (ii) to situate this model in relation to preceding debates about the interaction of regulation with new technologies (particularly the ‘cyberlaw’ and ‘robolaw’ debates); and (iii) to set out a detailed model for understanding the legal disruption precipitated by AI, examining both pathways stemming from new affordances that can give rise to a regulatory ‘disruptive moment’, as well as the Legal Development, Displacement or Destruction that can ensue. The article proposes that this model of legal disruption can be broadly generalisable to understanding the legal effects and challenges of other emerging technologies. (shrink)

This publication forms a basis for the interdisciplinary development of a certification system for artificial intelligence. In view of the rapid development of artificial intelligence with disruptive and lasting consequences for the economy, society, and everyday life, it highlights the resulting challenges that can be tackled only through interdisciplinary dialogue between IT, law, philosophy, and ethics. As a result of this interdisciplinary exchange, it also defines six AI-specific audit areas for trustworthy use of artificial intelligence. They comprise fairness, transparency, autonomy (...) and control, data protection as well as security and reliability while addressing ethical and legal requirements. The latter are further substantiated with the aim of operationalizability. (shrink)

This dissertation consists of five chapters, each written as independent research papers that are unified by an overarching concern regarding information privacy and machine learning-based artificial intelligence (AI). This dissertation addresses the issues concerning privacy and AI by responding to the following three main research questions (RQs): RQ1. ‘How does an AI system affect privacy?’; RQ2. ‘How effectively does the General Data Protection Regulation (GDPR) assess and address privacy issues concerning both individuals and groups?’; and RQ3. ‘How can the value (...) of privacy be embedded into systems?’ -/- To respond to the RQs, this dissertation adopts the privacy impact assessment (PIA) as the overall methodology. A PIA encompasses three distinct stages; the first, the analytical stage, concerns the analysis of how AI (particularly focusing on inference as a process that includes inferred information, AI models’ performance, and accessing information uncovered by AI models) impacts privacy. Second, the legal assessment stage concerns whether AI that processes personal information and develops models complies with the GDPR. Finally, the design requirements stage features proposals for design requirements for systems aimed at protecting privacy. Accordingly, this dissertation is structured in three parts, each corresponding to a specific stage of a PIA and responding to one of the RQs. -/- Part I, which addresses the first stage of the PIA, comprises three chapters that altogether respond to RQ1. Chapter 2 analyses how AI impacts the descriptive aspect of privacy; this part argues that AI challenges the current definitions of privacy and that the ‘source control’ and ‘actual access’ definitions of privacy, once revised in the face of counter-examples involving inferred information, converge. Chapter 3, which considers how AI impacts the normative aspect of privacy, particularly the value of privacy, argues that AI affects the social value of privacy, which depends on trust, as this dimension of privacy is constituted when AI models perform accurately. Chapter 4 examines how AI impacts the normative aspect of privacy, particularly the right to privacy, and it argues that, although accessing information uncovered by AI models raises concerns about the privacy of algorithmically designed groups, the right to privacy cannot be recognised for such groups. This is the disruptive feature of AI that has led to consideration of new approaches other than the traditional one, which involves recognising the right to privacy, to protect the privacy of these groups. Instead of recognising the right to privacy for algorithmically designed groups, this chapter suggests taking a moral principle for the moral obligation of protecting vulnerable groups within an ethics of vulnerability. -/- Part II concerns the second stage of the PIA and consists of one chapter that responds to RQ2. Chapter 5, in addition to evaluating whether AI that processes personal information and develops models complies with the GDPR, also assesses whether the GDPR adequately addresses the privacy issues raised by AI. It specifically focuses on group privacy and argues that GDPR has limitations in protecting the privacy of algorithmically designed groups and that the privacy of such vulnerable entities must be considered in the context of privacy and data protection. -/- Part III, which is related to the third stage of the PIA, also consists of one chapter that responds to RQ3. Chapter 6 proposes design requirements to protect privacy by integrating privacy into systems and argues that privacy is instrumentally valuable for the sake of autonomy. Accordingly, to embed the value of privacy into systems, design requirements are articulated through the translation of norms that promote and protect autonomy. (shrink)

How could ectogestative technology disrupt gender roles, parenting practices, and concepts such as ‘birth’, ‘body’, or ‘parent’? In this chapter, we situate this emerging technology in the context of the history of reproductive technologies and analyse the potential social and conceptual disruptions to which it could contribute. An ectogestative device, better known as ‘artificial womb’, enables the extra-uterine gestation of a human being, or mammal more generally. It is currently developed with the main goal of improving the survival chances of (...) extremely premature neonates. We argue that the intended use of the technology in neonatal intensive care units, as an alternative to current incubators (’partial-ectogestation’), challenges concepts such as ‘birth’, ‘fetus’, and ‘neonate’, and has several ethico-legal implications. We moreover address a more futuristic scenario where the entire embryological and fetal development could happen within an artificial womb (’full-ectogestation’). Such a scenario reveals the disruption of gender roles, parenting practices, and concepts such as ‘mother’, ‘father’, and ‘parent’. Both full- and partial-ectogestation would have implications for engineering and design, law-making, ethics, and philosophical anthropology. (shrink)

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

As the aim of the responsible robotics initiative is to ensure that responsible practices are inculcated within each stage of design, development and use, this impetus is undergirded by the alignment of ethical and legal considerations towards socially beneficial ends. While every effort should be expended to ensure that issues of responsibility are addressed at each stage of technological progression, irresponsibility is inherent within the nature of robotics technologies from a theoretical perspective that threatens to thwart the endeavour. This (...) is because the concept of responsibility, despite being treated as such, is not monolithic: rather this seemingly unified concept consists of converging and confluent concepts that shape the idea of what we colloquially call responsibility. From a different perspective, robotics will be simultaneously responsible and irresponsible depending on the particular concept of responsibility that is foregrounded: an observation that cuts against the grain of the drive towards responsible robotics. This problem is further compounded by responsible design and development as contrasted to responsible use. From a different perspective, the difficulty in defining the concept of responsibility in robotics is because human responsibility is the main frame of reference. Robotic systems are increasingly expected to achieve the human-level performance, including the capacities associated with responsibility and other criteria which are necessary to act responsibly. This subsists within a larger phenomenon where the difference between humans and non-humans, be it animals or artificial systems, appears to be increasingly blurred, thereby disrupting orthodox understandings of responsibility. This paper seeks to supplement the responsible robotics impulse by proposing a complementary set of human rights directed specifically against the harms arising from robotic and artificial intelligence technologies. The relationship between responsibilities of the agent and the rights of the patient suggest that a rights regime is the other side of responsibility coin. The major distinction of this approach is to invert the power relationship: while human agents are perceived to control robotic patients, the prospect for this to become reversed is beginning. As robotic technologies become ever more sophisticated, and even genuinely complex, asserting human rights directly against robotic harms become increasingly important. Such an approach includes not only developing human rights that ‘protect’ humans but also ‘strengthen’ people against the challenges introduced by robotics and AI [This distinction parallels Berlin’s negative and positive concepts of liberty ], by emphasising the social and reflective character of the notion of humanness as well as the difference between the human and nonhuman. This will allow using the human frame of reference as constitutive of, rather than only subject to, the robotic and AI technologies, where it is human and not technology characteristics that shape the human rights framework in the first place. (shrink)

Hunger strikes are commonly repressed in prison and seen as disruptive, coercive, and violent. Hunger strikers and their advocates insist that incarcerated persons have a right to hunger strike, which protects them against repression and force-feeding. Physicians and medical ethicists generally ground this right in the right to refuse medical treatment; lawyers and legal scholars derive it from incarcerated persons’ free speech rights. Neither account adequately grounds the right to hunger strike because both misrepresent the hunger strike as noncoercive (...) and nonviolent. I articulate an alternative, dual account of the right to hunger strike. On the remedial argument, the right to hunger strike should be legally protected as a right to petition for redress, in light of incarcerated people’s structural vulnerability to abuse and given inadequate grievance mechanisms. The constructive argument derives the right to hunger strike from the right to resist oppression and stresses the normative permissibility of the use of coercive tactics to defend one’s liberty interests in the face of carceral oppression. -/- . (shrink)

This Essay discusses whether U.S. law is ready for artificial intelligence (“AI”) which is headed down the road of blurring the line between human and machine minds. Perhaps the most high-profile and recent examples of AI are Large Language Models (“LLMs”) such as ChatGPT and Google Gemini that can generate written text, reason and analyze in a manner that seems to mimic human capabilities. U.S. law is based on English common law, which in turn incorporates Christian principles that assume the (...) dominance and uniqueness of humankind. U.S. law assumes human communication skills are accompanied by attributes such as consciousness and Free Will (“FW”) that, in turn, underpin critical legal concepts such as mens rea – i.e., intent. Philosophers and others generally agree that consciousness is necessary for FW. On the assumption that human beings possess consciousness that supports FW, the law thereafter deems human beings capable of acting with legal consequences, from entering into contracts to committing crimes. With a focus on LLMs, the Essay suggests that U.S. law may struggle to respond to AI because the technology disrupts the law’s assumptions regarding the uniqueness of human traits and abilities such as consciousness, FW, written communications and reasoning. (shrink)

Preconception sex selection for nonmedical reasons raises important moral, legal, and social issues. The main concern is based upon the assumption that a widely available service for sex selection will lead to a socially disruptive imbalance of the sexes. For a severe sex ratio distortion to occur, however, at least two conditions have to be met. First, there must be a significant preference for children of a particular sex, and second, there must be a considerable interest in employing sex (...) selection technology. Our objective was to ascertain such demand and preferences among the United States general population. (shrink)

Resumen. El proceso de transformación digital que vivimos y el desarrollo progresivo de las tecnologías disruptivas emergentes están afectando al derecho, y en particular al constitucional, al menos tal y como se había entendido hasta ahora, especialmente desde la perspectiva del paradigma de los derechos fundamentales y de las categorías y conceptos utilizados en la dogmática constitucional. Este pequeño trabajo, desde una perspectiva multidiciplinar, incluyendo la dogmática constitucional (análisis constitucional) y la sociología jurídica (análisis social), constituye una aportación al debate (...) dogmático en torno a las aporías que enfrentan los derechos fundamentales en la era digital. Abstract. We are immersed in a process of digital transformation in which emerging disruptive technologies are affecting the law, and in particular constitutional law, at least as we had understood it until now, especially from the perspective of the fundamental rights paradigm and of the categories and concepts used in constitutional dogmatic. This small contribution, from a multidisciplinary approach, including constitutional dogmatic (constitutional analysis) and legal sociology (social analysis) perspectives, constitutes a contribution to the dogmatic debate around the aporia of fundamental rights in the digital age. (shrink)

Over the last two years, the third wave of artificial intelligence (AI) has emerged powerful tools for both artistic expression and scientific research. In design, image generators display an equivalent disruption to text generators, while the medium of text creates the new scope of writing prompts. This contribution discusses the ambivalences between text and image generators via two main theses: first about the potential of prompting and generated images as a medium of discourse; second, it examines the reasoning behind (...) their tendency to be mystified. Prompts can be automated through text generators and used to generate images on a wider scale, making it a praxis in which precise wording becomes crucial for generating anything. Generated images practice a form of mimesis. With Generative Adversial Networks (GANs) producing non-referential images, the discourse of illustration is concerning the obsolescence of authorship. AI is observed to manifest a dual character, serving as both tool and author, even though AI does not own the classification of a person and is not an author in legal terms. The utilization of text and image generators is intertwined with a mythicized notion due to their non-verifiable mode of operation. The myth of AI is a product of its indeterminacy. (shrink)

Instituţiile publice sunt reformate şi reorganizate după modelul managerial al firmelor, filosofia serviciului public este reformulată în termenii loialităţii faţă de interesele antreprenoriale (pentru profit) sau faţă de pasiunile cetăţenilor virtuoşi ce creează în jurul preocupărilor personale asociaţii civice, gestionând o parte din serviciile de interes public abandonate de statul capitalist. Pentru ca aceste lucruri să se întâmple, inflexibilitatea politicilor orientate către impunerea fără alternativă a aşa-numitului „consens de la Washington” trebuie să fie însoţită de o cât mai mare flexibilizare (...) a voinţei, aspiraţiilor şi vieţii umane. Cetăţenii statului neoliberal trebuie să se obişnuiască să trăiască departe de familie pentru a câştiga mai mult, pentru a obţine un loc de muncă sau pentru a nu îşi pierde poziţia profesională pe care au obţinut-o, trebuie să jongleze cu mai multe calificări, să fie deschişi către perspectiva înstrăinării unei bune părţi din timpul legal de odihnă în beneficiul companiei sau instituţiei publice pentru care lucrează, să construiască permanent strategii de salvare pentru eventualitatea în care angajatorul se va dispensa de serviciile lor etc. Tensiunile şi contradicţiile ce însoţesc transformările neoliberale sunt vizibile în numeroase domenii, dar sunt poate mai frapante în cele care au o îndelungată tradiţie a autonomiei organizaţionale şi care au obţinut privilegiul de a-şi construi practicile în conformitate cu reguli sau aprecieri endogene, în câmpul creaţiei culturale. Comunităţile universitare resimt din plin influenţele forţelor disruptive şi distructive ale re-structurării neoliberale. Observaţiile pe care le voi expune în cele ce urmează vor evidenţia câteva dintre acestea, fie că este vorba de manifestări generale, sesizabile la scară globală, fie că este vorba de forma pe care o iau ele în România. (shrink)

This paper offers a general theory of privacy, a theory that takes privacy to consist in being free from certain kinds of intrusions. On this understanding, privacy interests are distinct and distinguishable from those in solitude, anonymity, and property, for example, or from the fact that others possess, with neither consent nor permission, personal information about oneself. Privacy intrusions have both epistemic and psychological components, and can range in value from relatively trivial considerations to those of profound consequence for an (...) individual’s dignity, integrity, and autonomy. Thus while the focus of this theory is privacy per se— privacy as being free from certain kinds of intrusions—it has significant implications, discussed briefly, for what properly counts as the content of moral or legal rights to privacy. (shrink)

I will start my inaugural address by outlining the main argument of my lecture. First, I will identify the phenomenon that philosophers of technology research. This subject matter, in my view, consists not only of ethical issues that disruptive technologies raise but also of the disruption of the world in which we live and act by these technologies. I will illustrate this disruption by reflecting on the convergence of the physical and the virtual in the digital world, which (...) is expected to change the way we live together. I propose that philosophers of technology should research new disruptive technologies and the digital world in which they are embedded in an integrated manner. Subsequently, I will ask how the emergence of digital technologies disrupts the world’s design in the digital age. My hypothesis is that technological innovations themselves constitute the World in a non-anthropocentric and non-determinist manner. To make my case, I will first draw attention to the difference between technology and innovation and propose a philosophy of innovation. This will enable me to consider how innovation processes have an economic, social-political and ontological impact on the world. Based on historical and contemporary examples, I will illustrate the redesign of the world in the digital age. This broader understanding of the impact of digital technologies will subsequently enable me to articulate some of the critical questions I have regarding digitalisation, and how the philosophical tradition can be made fruitful to critically reflect on the elision between the physical and the virtual in the digital age. This criticism informs my engagement with ethical questions in ethics of technology, ELSA (Ethical, Legal and Social Aspects) and Responsible Innovation. As a final step, I open a progressive perspective on the emancipatory potential of disruptive innovations to set the world free. In times of climate change, we are urgently in need of an emancipation of the World. We need to move beyond the classical opposition between technophobia and technophilia and look for innovations that can set the World free and contribute to a sustainable future. I will illustrate the emancipatory potential of disruptive technological innovations by considering the shift from human-centred technology to bio-centred technology in biomimetic design. (shrink)

This study aimed to assess the effectiveness of remedial instruction in improving the numeracy skills of Grade 7 students at Malbug National High School during the school year 2023-2024. Adopting a quasi-experimental research design, the research focused on Grade 7 students at Malbug National High School, Cawayan East District, Masbate Province Division, Philippines, identified as non-numerates, employing pre-tests and post-tests as essential research tools. The independent variable was the remedial instruction in numeracy, while the dependent variable was students' numeracy performance (...) measured through pre-tests and post-tests. Before the intervention, the pre-test numeracy performance exhibited a varied distribution of students across different score ranges. A majority fell into the "Needs Major Support" category, emphasizing the necessity for targeted interventions. The post-test results, however, revealed a remarkable improvement, with 87.88% of initially non-numerate students achieving scores in the "Transforming" range. A thorough statistical examination validated a notable disparity in the scores obtained before and after the instructional intervention, substantiating the favorable influence of remedial instruction. The calculated t-value of 19.594, exceeding the critical t-value, led to rejecting the null hypothesis. In conclusion, the study emphasizes the need for tailored interventions based on the initial deficiency in numeracy skills. The post-test results underscored the success of remedial instruction in fostering substantial growth. The study recommends sustaining the remedial program, implementing periodic assessments, providing teacher training, involving parents in students' development, allocating adequate resources, and further research in other schools to strengthen findings. (shrink)

This capstone project aimed to enhance the operational efficiency of school transactions at Mary Perpetua E. Brioso National High School (MPEBNHS) in response to challenges posed by the COVID-19 pandemic. This goal was achieved by developing and implementing the Mobile-Based Selected School Services Application, "iSkulSerb." The development of iSkulSerb followed the systematic approach of Borg and Gall's (1983) Research and Development (R&D) methodology for creating and validating educational products. To ensure the validity and reliability of the application, it underwent rigorous (...) examination by both IT and education experts. Additionally, survey questionnaires were administered during the project's implementation to assess the impact of iSkulSerb's features on school stakeholders. The research findings highlighted positive perceptions and outcomes related to iSkulSerb. Stakeholders demonstrated a favorable acceptance of the application, as evidenced by an overall weighted mean of 4.34. The accessibility of school services saw a substantial improvement, reflected in the weighted mean of 4.37. User-friendliness also received positive feedback, with an overall weighted mean of 4.27. These findings suggest that iSkulSerb effectively addresses the challenges faced by the school, contributing to enhanced operational efficiency and improved stakeholder experiences. Given the demonstrated reliability and efficacy of iSkulSerb, there is a compelling case for its widespread adoption across other public schools within the Schools Division of Masbate Province. The positive reception and success metrics indicate that iSkulSerb can serve as a benchmark for other regional schools. (shrink)

This paper develops a philosophical account of moral disruption. According to Robert Baker (2013), moral disruption is a process in which technological innovations undermine established moral norms without clearly leading to a new set of norms. Here I analyze this process in terms of moral uncertainty, formulating a philosophical account with two variants. On the Harm Account, such uncertainty is always harmful because it blocks our knowledge of our own and others’ moral obligations. On the Qualified Harm Account, (...) there is no harm in cases where moral uncertainty is related to innovation that is “for the best” in historical perspective, or where uncertainty is the expression of a deliberative virtue. The two accounts are compared by applying them to Baker’s historical case of the introduction of mechanical ventilation and organ transplantation technologies, as well as the present-day case of mass data practices in the health domain. (shrink)

Scholarly discourse on “disruptive technologies” has been strongly influenced by disruptive innovation theory. This theory is tailored for analyzing disruptions in markets and business. It is of limited use, however, in analyzing the broader social, moral and existential dynamics of technosocial disruption. Yet these broader dynamics should be of great scholarly concern, both in coming to terms with technological disruptions of the past and those of our current age. Technologies can disrupt social relations, institutions, epistemic paradigms, foundational concepts, values, (...) and even the nature of human cognition and experience – domains of disruption that are largely neglected in existing discourse on disruptive technologies. Accordingly, this paper seeks to reorient scholarly discussion around a broader notion of technosocial disruption. This broader notion raises three foundational questions. First, how can technosocial disruption be conceptualized in a way that clearly sets it apart from the disruptive innovation framework? Secondly, how does the notion of technosocial disruption relate to the concordant notions of “disruptor” and “disruptiveness”? Thirdly, can we advance criteria to assess the “degree of social disruptiveness” of different technologies? The paper clarifies these questions and proposes an answer to each of them. In doing so, it advances “technosocial disruption” as a key analysandum for future scholarship on the interactions between technology and society. (shrink)

This special issue is about something most of us might find very hard to conceive: states of consciousness in which self-consciousness is radically disrupted or altogether missing.

An annotated bibliography of legal epistemology.

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

Disruptive technologies can be conceptualized in different ways. Depending on how they are conceptualized, different ethical issues come into play. This article contributes to a general framework to navigate the ethics of disruptive technologies. It proposes three basic distinctions to be included in such a framework. First, emerging technologies may instigate localized “first-order” disruptions, or systemic “second-order” disruptions. The ethical significance of these disruptions differs: first-order disruptions tend to be of modest ethical significance, whereas second-order disruptions are highly significant. Secondly, (...) technologies may be classified as disruptive based on their technological features or based on their societal impact. Depending on which of these classifications one adopts and takes as the starting point of ethical inquiry, different ethical questions are foregrounded. Thirdly, the ethics of disruptive technology raises concerns at four different levels of technology assessment: the technology level, the artifact level, the application level, and the society level. The respective suitability of approaches in technology ethics to address concerns about disruptive technologies co-varies with the respective level of analysis. The article clarifies these distinctions, thereby laying some of the groundwork for an ethical framework tailored for assessing disruptive technologies. (shrink)

I propose a new formalist account of legal (/proximate) causation – one that holds legal causation to be a matter of amoral, descriptive fact. The account starts with a metaphysical relation, akin to but distinct from common-sense causation, and it argues that legal causation aligns exactly with that relation; it is unified and principled.

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA (...) and elsewhere, it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

Endocrine Disrupting Chemicals. -/- This article appeared in a 2011 edition of Athletics Weekly. It attempts to answer the perennial question posed by athletics fans as to why the overall standard of UK distance running has significantly deteriorated since the glory days of the 1970’s.

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are (...) multiple sources of incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...) content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

The relation of normic support offers a novel solution to the proof paradox: a paradox in evidence law arising from legal cases involving merely statistical evidence (Smith 2018). Central to the normic support solution has been the thesis that merely statistical evidence cannot confer normic support. However, it has been observed that there are exceptions to this: there exist cases where merely statistical evidence can give rise to normic support (Blome-Tillmann 2020). If correct, this fact seems to undermine the (...) normic support solution to the proof paradox. This paper explores a resolution: normic support can resolve the proof paradox even though merely statistical evidence sometimes gives rise to normic support. The key to understanding this resolution lies with a source of evidential support that arises out of bodies of evidence that involve *character evidence* (Colyvan, et al. 2001). It turns out that character evidence can provide normic support when it is grounded in our knowledge of a certain kind of disposition individuals can have: *goal-directed dispositions*. The upshot is the recovery of the normic support solution to the puzzle of whether statistical evidence can meet legal standards of proof. (shrink)

Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official (...) mistake as a way of highlighting that tension. If legal validity itself is understood as a socially constructed status (something with which any legal positivist would agree), key officials (as a group) cannot be wrong about the criteria sufficient for institutional membership having been met. While the officials cannot be wrong about the sufficient conditions, they can be wrong about the necessary (gatekeeping) ones and the moral criteria that inclusive positivists say could be included among the criteria of validity are invariably understood to be necessary conditions. That might look like a point in favour of inclusive positivism, but it is only the sufficient conditions that are constitutive of legal validity. Two facets of legal decisions are then marshalled to buttress the case for exclusive positivism: that almost every legal decision is also a determination of validity, and that all such decisions are systemically treated as correct until reviewed by a court of superior jurisdiction (which is itself a sufficient condition for membership). The implication of this is that moral criteria, understood as gatekeepers for legal validity, cannot be constitutive of legal validity. (shrink)

Legal positivists maintain that the legality of a rule is fundamentally determined by social facts. Yet for much of legal history, ordinary officials used legal terminology in ways that seem inconsistent with positivism. Judges regularly cited, analyzed, and predicated their decisions on the ‘laws of justice’ which they claimed had universal legal import. This practice, though well-documented by historians, has received surprisingly little philosophical attention; I argue that it invites explanation from positivists. After taxonomizing the positivist’s (...) explanatory options, I suggest that the most viable option appeals to conceptual change: classical Romans, early modern Europeans, founding-era Americans were not using ‘law’ (or ‘lex’ or ‘jus’) to refer to the subject matter of contemporary legal philosophy. But the strategy is costly. It renders positivism’s truth surprisingly parochial. And it supplies new reasons for doubting positivist accounts of contemporary practices, including the treatment of moral principles in modern adjudication. (shrink)

This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not (...) suffice for legal proof. I then introduce and motivate a knowledge-centred explanation of this fact. The knowledge-centred explanation rests on two premises. The first is that legal proof requires knowledge of culpability. The second is that one cannot attain knowledge that p from bare statistical evidence that p. To motivate the second premise, I suggest that beliefs based on bare statistical evidence fail to be safe—they could easily be wrong—and bare statistical evidence cannot eliminate relevant alternatives. -/- I then cast doubt on the first premise; I argue that legal proof does not require knowledge. I thereby dispute the knowledge-centred explanation of the inadequacy of bare statistical evidence for legal proof. Instead of appealing to the nature of knowledge, I suggest we should seek a more direct explanation by appealing to those more foundational epistemic properties, such as safety or eliminating relevant alternatives. (shrink)

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, (...) two competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

From the legal point of view, "person" is not co-extensive with "human being." Nor is it synonymous with "rational being" or "responsible subject." Much of the confusion surrounding the issue of the firm’s legal personality is due to the tendency to address the matter with only these, all too often conflated, definitions of personhood in mind. On the contrary, when the term "person" is defined in line with its original meaning as "mask" worn in the legal drama, (...) it is easy to see that it is only the capacity to attract legal relations that defines the legal person. This definition, that avoids the undesirable emotional associations and equivocations that often plague the debate, is important for a legally-grounded view of the firm. (shrink)

What words we use, and what meanings they have, is important. We shouldn't use slurs; we should use 'rape' to include spousal rape (for centuries we didn’t); we should have a word which picks out the sexual harassment suffered by people in the workplace and elsewhere (for centuries we didn’t). Sometimes we need to change the word-meaning pairs in circulation, either by getting rid of the pair completely (slurs), changing the meaning (as we did with 'rape'), or adding brand new (...) word-meaning pairs (as with 'sexual harassment'). A problem, though, is how to do this. One might worry that any attempt to change language in this way will lead to widespread miscommunication and confusion. I argue that this is indeed so, but that's a feature, not a bug of attempting to change word-meaning pairs. The miscommunications and confusion such changes cause can lead us, via a process I call transformative communicative disruption, to reflect on our language and its use, and this can be further, rather than hinder, our goal of improving language. (shrink)

A growing body of evidence suggests that cognition is embodied and grounded. Abstract concepts, though, remain a significant theoretical chal- lenge. A number of researchers have proposed that language makes an important contribution to our capacity to acquire and employ concepts, particularly abstract ones. In this essay, I critically examine this suggestion and ultimately defend a version of it. I argue that a successful account of how language augments cognition should emphasize its symbolic properties and incorporate a view of embodiment (...) that recognizes the flexible, multi- modal and task-related nature of action, emotion and perception systems. On this view, language is an ontogenetically disruptive cognitive technology that expands our conceptual reach. (shrink)

In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general philosophy (specifically analytic (...) metaphysics) over the last twenty years. In particular, the concepts of intention, function, plan of action, and history are in competition to explain the ontology of artifacts, and a similar competition can be found at the core of legal theory. Such a striking parallelism between the domain of artifacts and that of legal institutions is a clue for legal ontology that deserves further attention: I will offer my own interpretation of this parallelism in the first part of this paper (Sections 2 and 3). In providing a theory of legal institutions as artifacts, one could be led to the conclusion that law is essentially an artificial phenomenon, something which does not bear any significant relationship to the natural domain. However, I think that such a conclusion would be mistaken. In fact, this is the second thesis I want to explore in this paper: not only that legal institutions are artifacts, but also that they can be artifacts which in some sense "mirror," or imitate, some descriptions of the natural, pre-social reality we live in. What I would like to show is not that legal institutions are "natural" in the sense that they have some feature which is not human-dependent, as some natural law theorists would say, but rather that their conceptual content can depend on our conceptualization of the natural domain despite being entirely artifactual. This is what I will call the "institutional mimesis" behind several important instances of legal artifacts, and I will deal with it in the second part of this paper (Sections 4 and 5). (shrink)

This article documents our collaborative ongoing struggle to disrupt the reproduction of the coloniality of knowledge in the teaching of Gender Studies. We document how our decolonial feminist activism is actualised in our pedagogy, which is guided by feminist interpretations of ‘wonder’ (Irigaray, 1999; Ahmed, 2004; hooks, 2010) read alongside decolonial theory, including that of Ramón Grosfoguel, Walter D. Mignolo and María Lugones. Using notions of wonder as pedagogy, we attempt to create spaces in our classrooms where critical self-reflection and (...) critical intellectual and embodied engagement can emerge. Our attempts to create these spaces include multiple aspects or threads that, when woven together, might enable other ways of knowing-being-doing that works towards disrupting feminist complicity with coloniality in the Australian context. (shrink)

In Wilmot-Smith’s recent “Law, ‘Ought’, and ‘Can’,” he argues that legal obligation does not imply ability. In this short reply, I show that Wilmot-Smith’s arguments do not withstand critical scrutiny. In section 1, I attack Wilmot-Smith’s argument for the claim that allowing for impossible obligations makes for a better legal system, and I introduce positive grounds for thinking otherwise. In section 2, I show that, even if Wilmot-Smith had established that impossible obligations make for a better legal (...) system, his subsequent attack on OIC fails. (shrink)

Melancholia is an attunement of despair and despondency that can involve radical disruptions to temporal experience. In this article, I extrapolate from the existing analyses of melancholic time to examine some of the important existential implications of these temporal disruptions. In particular, I focus on the way in which the desynchronization of melancholic time can complicate the melancholic’s relation to death and, consequently, to the meaning and significance of their life. Drawing on Heidegger’s distinction between death and demise, I argue (...) that melancholic time leaves the melancholic in an impossible state of existing, where they are both unable to live and unable to die. Turning to the role of the physician, I consider the significant role that clinical interventions might have in resynchronizing the melancholic with time and examine these ideas further through a case study on physician-assisted suicide. In so doing, I demonstrate that the desynchronization of melancholic time should indeed be understood as a matter of life and death. (shrink)

Immigrant legalization policies pose an ethical dilemma between justice and the rule of law. On the one hand, liberal democracies aspire to the principles of individual liberty and equality. Building on liberal ideals of justice, compelling arguments have been made for granting legal status and a path to citizenship to unauthorized migrants by virtue of the social ties they have developed, their contributions to the host society, and their vulnerability to exploitation. On the other hand, legalization poses a challenge (...) to another important value, the rule of law, which requires government to operate within a framework of law in accordance with well-established public norms. Immigrant legalization programmes are said to undermine the rule of law because they reward lawbreaking, allow queue-jumping, and incentivize further unauthorized migration. This article clarifies each horn of the dilemma, focusing on rule of law arguments. We offer a critical reappraisal of immigrant legalization policies by reflecting on the normative meaning of the rule of law and by examining empirical evidence assessing the effects of legalization. Our central contention is that legalization policies can enhance the rule of law. We offer five rule of law arguments in support of legalization, which help to mitigate the dilemma between justice and the rule of law. We conclude by discussing some policy implications of our analysis. (shrink)

With DLT’s success in driving the development of cryptocurrency (such as Bitcoin), the technology bridged to a myriad of knowledge-based applications, most notably in the areas of commerce, industry and government . In the language of technology sector insiders, these areas were ‘disrupted’ by Blockchain. Some higher education analysts, technology industry insiders and futurists have claimed that Blockchain technology will inevitably disrupt higher education in a similarly dramatic fashion. The aim of this commentary is to introduce a healthy dose of (...) realism into the hype-filled atmosphere of the Blockchain-for-higher-education narrative. A postdigital approach is taken because it treats digital and non-digital technologies as having equal material and cultural standing as candidates to transform higher education. (shrink)

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based (...) on purely statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

Although written in Japanese, 法的思考（Legal Mind）pursues a good explanation of how we can apply the so-called practical syllogism to the legal manner of thought.

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. (...) The second form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law. (shrink)

This paper discusses the legal aspects of the activities of transnational corporations. The relevance of the subject matter is determined by the significant impact exerted by transnational corporations on the world economy in general and on the economic situation of the country in which such corporations are registered as a subject of legal form of ownership in particular. Quality functioning of transnational corporations is an effective factor for the formation of sustainable development. This study reveals and determines the (...) relationship between the scale of activity of transnational corporations and their legal status within the framework of both single countries and entire economic communities, the individual subjects of law of which are transnational corporations. The practical significance of this study lies in the possibility of identifying and stating key aspects that play a significant role in assessing the practical activities of transnational corporations in the context of existing legal law with the ability to use the identified patterns in specific legal practice. The results of this study can be of significant practical importance for employees in the field of legal support for the activities of transnational-scale corporations, who are faced with the need to deeply analyse the legal aspects of the activities of these organisations and provide management of such structures with timely, highquality legal recommendations regarding the correction of the activities of these organisations in the context of the existing legal field. (shrink)

Goetz outlined legal models of identical entities that include natural persons who are identical to a coregency and natural persons who are identical to a general partnership. Those entities cohere with the formula logic of relative identity. This essay outlines the coexistence of relative identity and numerical identity in the models of identical legal entities, which is impure relative identity. These models support the synthesis of Relative Trinitarianism and Social Trinitarianism, which I call Relative-Social Trinitarianism.

Take “legal reality” to be the part of reality that actual legal thought and talk is dis- tinctively about, such as legal institutions, legal obligations, and legal norms. Our goal is to explore whether legal reality is disunified. To illustrate the issue, consider the possibility that an important metaphysical thesis such as positivism is true of one part of legal reality (legal institutions), but not another (legal norms). We offer two arguments (...) that suggest that legal reality is disunified: one concerns the heteroge- neity of different entities that are part of legal reality; the other concerns variation within legal thought and talk. We then show that taking the possibility of the disunity of legal reality seriously has important upshots for how we think about the positivist and antipositivist traditions, the debate between them, and their relation to other parts of legal theory, such as critical legal theory and legal realism. (shrink)

Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing social (...) and economic life among a group of people and their successors, though not every legal rule pertains to a coordination problem. The framework for thinking about legal norms that I describe is a framework for thinking about institutions and policies more generally. The idea is to show that legal norms are a species of institutional norm. There are two central ideas. The first is the idea of a role in an institution. The second is the idea of proxy agency. Proxy agency involves one agent or group acting under the authorization of another agent or group (perhaps subsuming it) in a way that makes the actions of the proxy count as actions (under a description) of the individual or group for which it is a proxy. We get the characteristic structure of a legal system by conceiving of an institutional group, itself conceived of as a set of interlocking roles realized in individuals, as having one or more roles for proxy agents who are authorized by the group to make policy for the group. The set of rules governing the basic constitution of the group and spelling out the powers of the policy proxies determine fundamental norms for the group with specific role responsibilities attaching to particular positions in institutional arrangements. The policies determine further norms whose force derives from the fundamental norms. We must then say some further things to distinguish institutions and policies which we wish to designate as legal. (shrink)

This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a (...) class='Hi'>legal requirement has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)

Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.