At the beginning of the COVID-19 pandemic, high hopes were placed on digital contact tracing. Digital contact tracing apps can now be downloaded in many countries, but as further waves of COVID-19 tear through much of the northern hemisphere, these apps are playing a less important role in interrupting chains of infection than anticipated. We argue that one of the reasons for this is that most countries have opted for decentralised apps, which cannot provide a means of rapidly informing users (...) of likely infections while avoiding too many false positive reports. Centralised apps, in contrast, have the potential to do this. But policy making was influenced by public debates about the right app configuration, which have tended to focus heavily on privacy, and are driven by the assumption that decentralised apps are “privacy preserving by design”. We show that both types of apps are in fact vulnerable to privacy breaches, and, drawing on principles from safety engineering and risk analysis, compare the risks of centralised and decentralised systems along two dimensions, namely the probability of possible breaches and their severity. We conclude that a centralised app may in fact minimise overall ethical risk, and contend that we must reassess our approach to digital contact tracing, and should, more generally, be cautious about a myopic focus on privacy when conducting ethical assessments of data technologies. (shrink)

Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous (...) and purposive agents relies on some degree of privacy, perhaps particularly as we act in public and semi-public spaces. I suggest that basic issues concerning action choices have been left largely unexplored, due to a series of problematic theoretical assumptions at the heart of privacy debates. One such assumption has to do with the influential conceptualization of privacy as pertaining to personal intimate facts belonging to a private sphere as opposed to a public sphere of public facts. As Helen Nissenbaum has pointed out, the notion of privacy in public sounds almost like an oxymoron given this traditional private-public dichotomy. I discuss her important attempt to defend privacy in public through her concept of ‘contextual integrity.’ Context is crucial, but Nissenbaum’s descriptive notion of existing norms seems to fall short of a solution. I here agree with Joel Reidenberg’s recent worries regarding any approach that relies on ‘reasonable expectations’ . The problem is that in many current contexts we have no such expectations. Our contexts have already lost their integrity, so to speak. By way of a functional and more biologically inspired account, I analyze the relational and contextual dynamics of both privacy needs and harms. Through an understanding of action choice as situated and options and capabilities as relational, a more consequence-oriented notion of privacy begins to appear. I suggest that privacy needs, harms and protections are relational. Privacy might have less to do with seclusion and absolute transactional control than hitherto thought. It might instead hinge on capacities to limit the social consequences of our actions through knowing and shaping our perceptible agency and social contexts of action. To act with intent we generally need the ability to conceal during exposure. If this analysis is correct then relational privacy is an important condition for autonomic purposive and responsible agency—particularly in public space. Overall, this chapter offers a first stab at a reconceptualization of our privacy needs as relational to contexts of action. In terms of ‘rights to privacy’ this means that we should expand our view from the regulation and protection of the information of individuals to questions of the kind of contexts we are creating. I am here particularly interested in what I call ‘unbounded contexts’, i.e. cases of context collapses, hidden audiences and even unknowable future agents. (shrink)

New technologies of surveillance such as Global Positioning Systems (GPS) are increasingly used as convenient substitutes for conventional means of observation. Recent court decisions hold that the government may, without a warrant, use a GPS to track a vehicle’s movements in public places without violating the 4th Amendment, as the vehicle is in plain view and no reasonable expectation of privacy is violated. This emerging consensus of opinions fails to distinguish the unreasonable expectation that we not be seen in (...) public, from the reasonable expectation that we not be followed. Drawing on a critical discussion of the plain view doctrine, analysis of privacy interests in public places, and distinguishing privacy from property interests, the article contends that government use of GPS to track our movements should require a warrant. (shrink)

The critic Cyril Connolly once pointed out that diarists don’t make novelists. He went on to describe the problem for the would-be writer. “Writing for oneself: no public. Writing for others: no privacy” (Cyril Connolly, Journal). This paper addresses Connolly's worry about the public ad private: how can we reconcile the inner and conscious dimension of speech with its outer and public dimension? For if what people mean by their words involves, or consists in, what they have in mind (...) when they speak then how can what someone has in mind — the meaning she attaches to her words — be at the same time publicly accessible to others on the basis of her behaviour? The issue is whether there is a notion of the linguistic meaning of an expression that can do justice to both speakers’ inner experience of comprehension and to what is outwardly available in their public practice. (shrink)

The dominant approach in privacy theory defines information privacy as some form of control over personal information. In this essay, I argue that the control approach is mistaken, but for different reasons than those offered by its other critics. I claim that information privacy involves the drawing of epistemic boundaries—boundaries between what others should and shouldn’t know about us. While controlling what information others have about us is one strategy we use to draw such boundaries, it is (...) not the only one. We conceal information about ourselves and we reveal it. And since the meaning of information is not self-evident, we also work to shape how others contextualize and interpret the information about us that they have. Information privacy is thus about more than controlling information; it involves the constant work of producing and managing public identities, what I call “social self- authorship.” In the second part of the essay, I argue that thinking about information privacy in terms of social self- authorship helps us see ways that information technology threatens privacy, which the control approach misses. Namely, information technology makes social self- authorship invisible and unnecessary, by making it difficult for us to know when others are forming impressions about us, and by providing them with tools for making assumptions about who we are which obviate the need for our involvement in the process. (shrink)

The paper presents a number of empirical arguments for the perceptual view of speech comprehension. It then argues that a particular version of phenomenal dogmatism can confer immediate justification upon belief. In combination, these two views can bypass Davidsonian skepticism toward knowledge of meanings. The perceptual view alone, however, can bypass a variation on the Davidsonian argument. One reason Davidson thought meanings were not truly graspable was that he believed meanings were private (unlike behavior). But if the perceptual view of (...) speech comprehension is correct, then meanings (or at least conveyed meanings) are public objects like other perceivable entities. Hence, there is no particular problem of language comprehension, even if meanings originate in “private” mental states. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, I believe, (...) is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

Most people are completely oblivious to the danger that their medical data undergoes as soon as it goes out into the burgeoning world of big data. Medical data is financially valuable, and your sensitive data may be shared or sold by doctors, hospitals, clinical laboratories, and pharmacies—without your knowledge or consent. Medical data can also be found in your browsing history, the smartphone applications you use, data from wearables, your shopping list, and more. At best, data about your health might (...) end up in the hands of researchers on whose good will we depend to avoid abuses of power.2 Most likely, it will end up with data brokers who might sell it to a future employer, or an insurance company, or the government. At worst, your medical data may end up in the hands of criminals eager to commit extortion or identity theft. In addition to data harms related to exposure and discrimination, the collection of sensitive data by powerful corporations risks the creation of data monopolies that can dominate and condition access to health care. -/- This chapter aims to explore the challenge that big data brings to medical privacy. Section I offers a brief overview of the role of privacy in medical settings. I define privacy as having one’s personal information and one’s personal sensorial space (what I call autotopos) unaccessed. Section II discusses how the challenge of big data differs from other risks to medical privacy. Section III is about what can be done to minimise those risks. I argue that the most effective way of protecting people from suffering unfair medical consequences is by having a public universal healthcare system in which coverage is not influenced by personal data (e.g., genetic predisposition, exercise habits, eating habits, etc.). (shrink)

Social media has invaded our private, professional, and public lives. While corporations continue to portray social media as a celebration of self-expression and freedom, public opinion, by contrast, seems to have decidedly turned against social media. Yet we continue to use it just the same. What is social media, and how should we live with it? Is it the promise of a happier and more interconnected humanity, or a vehicle for toxic self-promotion? In this essay I examine the very structure (...) of social media communications in order to sketch how we should engage with social media. Social media communications are, I argue, a public communication of private content. This allows connections to be made with others in ways that would not otherwise be possible; however, it also submits the private to a status competition, which in turn is linked to mental health challenges. A ‘virtuous’ engagement with social media means being aware of these dynamics, and choosing to subordinate social media to other, more important goods. (shrink)

What motivated an absolutist Erastian who rejected religious freedom, defended uniform public worship, and deemed the public expression of disagreement a catalyst for war to endorse a movement known to history as the champion of toleration, no coercion in religion, and separation of church and state? At least three factors motivated Hobbes’s 1651 endorsement of Independency: the Erastianism of Cromwellian Independency, the influence of the politique tradition, and, paradoxically, the contribution of early-modern practices of toleration to maintaining the public sphere’s (...) religious uniformity. The third factor illustrates how a key function of the emerging private sphere in the early-modern period was to protect uniformity, rather than diversity; it also shows that what was novel was not so much the public/private distinction itself, but the separation of two previously conflated dimensions of publicity – visibility and representativeness – that enabled early-modern Europeans to envisage modes of worship out in the open, yet still private. (shrink)

Privacy involves a zone of inaccessibility in a particular context. In social discourse it pertains to activities that are not public, the latter being by definition knowable by outsiders. The public domain so called is the opposite of secrecy and somewhat less so of confidentiality. The private sphere is respected in law and morality, now in terms of a right to privacy. In law some violations of privacy are torts. Philosophers tend to associate privacy with personhood. (...) Professional relationships are prima facie private but may be investigated for cause. Privacy may entail both intimacy and caring but neither necessarily so. Finally, various technology-based means of intrusion are rendering privacy ever more difficult to sustain. (shrink)

Traditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the capacity (...) of citizens to freely deliberate in public and therefore conflicts with democratic self-determination. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 (...) January]1 Effective protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

Some of the challenges in Sanders et al. (this issue) can be aptly illustrated by means of charity nudges, that is, nudges designed to increase charitable donations. These nudges raise many ethical questions. First, Oxfam’s triptychs with suggested donations are designed to increase giving. If successful, do our actions match ex ante or ex post preferences? Does this make a difference to the autonomy of the donor? Second, the Behavioural Insights Team conducted experiments using social networks to nudge people to (...) give more. Do these appeals steer clear of exploiting power relations? Do they respect boundaries of privacy? Third, in an online campaign by Kiva, donors are asked to contribute directly to personalized initiatives. In many cases, the initiative has already been funded and donor money is funnelled to a new cause. Is such a “pre-disbursal” arrangement truthful and true to purpose as a social business model? (shrink)

With the 21st century, we are witnessing the mass spread of the communication technologies and social media revolution. Interactive networks built on a global scale have led to the formation of a virtual world of reality that is connecting the whole world. With the global spread of communication networks, the question of whether social media points to a new public sphere has been raised. Social media applications such as Facebook, Twitter and Instagram are nowadays seen as a place where political (...) campaigns are carried out, causing the destruction of authoritarian regimes, organizing global protests and innovation culture, and discussing political, social and cultural changes. What gives social media a similar quality to the agora of Ancient Greek city-states is the characteristic of been a place where citizens come together and talk about issues that are considered to be public, eventhough in a virtual reality. This work, following the Arendtian sense, discusses whether social media really is a place where public issues are discussed, common ideas are produced and transparency prevails. In her work "The Human Condition", Arendt makes a fundamental distinction between private and public sphere based on human activities. By conceiving the activities that she describes as labour and work in relation to the private sphere, Arendt tackles the activity of action through linking it to public sphere. Arendt defines the public sphere as a sphere of freedom and a political sphere. The public sphere consists of equal people without hierarchy, who come together with their completely free will. According to Arendt, the condition for the public sphere to be possible is transparency and commonality. Firstly; it has a wide transparency in the sense that something have to be seen and heard by others, and the second is that it points to a common world that belongs to everyone, except for the part that is privately owned. Considering the public sphere in relation to the transparency not a direct transfer of things that happen in the private or intimate sphere. It is precisely related to the fact that something pertaining to the private exhibits a presence within the world of public and the fact that the private acquires a public chatacter. This does not mean that the public sphere is a sphere in which the private and intimate are directly transferred. According to Arendt, leading a private life as a whole will lead to the lack of what is necessary to be a true person. It also leads to the lack of a common world that unites and separates them. Arendt thinks that with the modern period, what belongs to the purely private and intimate sphere expands and causes the collapse of the public. The collapse of the public sphere in the modern period; It has caused both the loss of difference and interaction and the emergence of individuals who are increasingly alike, unable to think and act. In this kind of society, action has left its place to behavior, difference to standartization and thought to obedience. Arendt sees the public sphere as a sphere where public affairs are discussed, while the private sphere is a sphere where intimate and private activities take place. Arendt argues that with modern society the distinction between public and private has became indistinct , and as a third sphere, the social sphere has swallowed up both the public and the private. The social sphere has removed the distinction between the public transparency and commonality of the public and the privacy of the private sphere and activities. This study considers social media as a sphere where public issues are discussed. It also dıscusses the private sphere events and the most intimate issues. It claims that social media is not a new public sphere as it is cosidered, but it is a social sphere in which the distinction between private and public in the Arendtian sense is become indistinct. In this context, the study seeks to answer the following questions: How does the distinction between public and private spheres, which is central in Arendt's thought, look like in today’s world? Is it possible to talk about a public sphere in the modern age? Can social media be considered as a public sphere? Or is social media a sphere of freedom and a political sphere? Does social media allow discussions on public issues? Is social media a non-hierarchical nature open to the free participation of everyone, difference and plurality? (shrink)

This chapter provides a high-level overview of key ethical issues raised by the use of surveillance technologies, such as digital contact tracing, disease surveillance, and vaccine passports, to combat the COVID-19 pandemic. To some extent, these issues are entirely familiar. I argue that they raise old questions in new form and with new urgency, at the intersection of information ethics, research ethics, and public health. Whenever we deal with data-driven technologies, we have to ask how they fare in relation to (...) important values like privacy, fairness, transparency, and accountability—values emphasized by information ethics scholars. Likewise, when such technologies put individuals at risk in order to drive scientific research and knowledge construction, we have to ask how they implicate values such as autonomy, beneficence and non-maleficence, and justice—values central to research ethics. And as researchers focusing on health information have long argued, when the data collected by these technologies pertain to individuals and public health, these ethical issues take on a special cast. -/- It is also true, however, that the pandemic has placed these questions in a new and revealing light. I highlight three insights from information ethics and research ethics that can help us navigate this difficult terrain. First, the value of privacy is instrumental, not absolute—there is nothing wrong with asking how to balance privacy against other important values. Second, privacy has both individual and social importance. Weighing privacy, on one hand, and public health, on the other, is not, therefore, a contest between individual and collective interests. Rather, it is an attempt to balance disparate public goods. Third, we ought to put these kinds of ethical decisions in the hands of third parties, rather than leaving them up to those who directly stand to benefit from them. In the case of pandemic surveillance technologies, this should mean more public, democratic oversight. (shrink)

In discussions of state surveillance, the values of privacy and security are often set against one another, and people often ask whether privacy is more important than national security.2 I will argue that in one sense privacy is more important than national security. Just what more important means is its own question, though, so I will be more precise. I will argue that national security rationales cannot by themselves justify some kinds of encroachments on individual privacy (...) (including some kinds that the United States has conducted). Specifically, I turn my attention to a recent, well publicized, and recently amended statute (section 215 of the USA Patriot Act3), a surveillance program based on that statute (the National Security Agency’s bulk metadata collection program), and a recent change to that statute that addresses some of the public controversy surrounding the surveillance program (the USA Freedom Act).4 That process (a statute enabling surveillance, a program abiding by that statute, a public controversy, and a change in the law) looks like a paradigm case of law working as it should; but I am not so sure. While the program was plausibly legal, I will argue that it was morally and legally unjustifiable. Specifically, I will argue that the interpretations of section 215 that supported the program violate what Jeremy Waldron calls “legal archetypes,”5 and that changes to the law illustrate one of the central features of legal archetypes and violation of legal archetypes. The paper proceeds as follows: I begin in Part 1 by setting out what I call the “basic argument” in favor of surveillance programs. This is strictly a moral argument about the conditions under which surveillance in the service of national security can be justified. In Part 2, I turn to section 215 and the bulk metadata surveillance program based on that section. I will argue that the program was plausibly legal, though based on an aggressive, envelope-pushing interpretation of the statute. I conclude Part 2 by describing the USA Freedom Act, which amends section 215 in important ways. In Part 3, I change tack. Rather than offering an argument for the conditions under which surveillance is justified (as in Part 1), I use the discussion of the legal interpretations underlying the metadata program to describe a key ambiguity in the basic argument, and to explain a distinct concern in the program. Specifically that it undermines a legal archetype. Moreover, while the USA Freedom Act does not violate legal archetypes, and hence meets a condition for justifiability, it helps illustrate why the bulk metadata program did violate archetypes. (shrink)

Philosophers have focused on why privacy is of value to innocent people with nothing to hide. I argue that for people who do have something to hide, such as a past crime, or bad behavior in a public place, informational privacy can be important for avoiding undeserved or disproportionate non-legal punishment. Against the objection that one cannot expect privacy in public facts, I argue that I might have a legitimate privacy interest in public facts that are (...) not readily accessible, or in details of a public fact that implicate my dignity, or in not having a public fact memorialized and spread to more people than I willingly exposed myself to. (shrink)

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

We examine a proposal for dealing with perhaps the chief difficulty facing holistic theories of meaning—meaning instability. The problem is that, given a robust holism, small changes in a representational system are likely to lead to meaning changes throughout the system. Consequently, different individuals are likely never to mean the same thing. Eric Lormand suggests that holists can avoid this problem—and even secure more stability than non-holists—by positing that symbols have multiple meanings. We argue that the proposal (...) doesn't work, however, since multiple meanings are unstable for much the same reason that single meanings are. (shrink)

The right to be forgotten enables individuals to remove certain links from search results that appear when their names are entered as search terms. Formulated as a distinct application of the general right to privacy, the right to be forgotten has proven highly controversial, for two reasons. First, it is difficult to see how the specific right to be forgotten can apply to the withdrawal of public information, since the general right to privacy typically covers the disclosure of (...) private information. Second, as a putative right to withdraw information from public reach, the right to be forgotten poses a threat to freedom of speech, which depends on the accessibility of information. By responding to these two objections, this paper develops a novel account of the right to be forgotten, understood as a claim of withdrawal grounded in both privacy and free speech interests. -/- . (shrink)

John Searle and Roger Penrose are two staunch critics of computationalism who nonetheIess believe that with the right framework the mind can be naturalized. while they may be successful in showing the shortcomings of computationalism, I argue that their alternative noncomputational frameworks equally fail to carry out the project to naturalize the mind. The main reason is their failure to resolve some fundamental incompatibilities between mind and science. Searle tries to resolve the incompatibility between the subjectivity of consciousness and the (...) objectivity of silence by means of conceptual clarification. He, howeve4 fails to deal with the concepts crucial to this incompatibility, namely, the publicness of scientific knowledge and the privacy of psychological knowledge. Penrose tries to resolve the incompatibility between the non-computationality of psychological process and the computationality of scientific process by expanding the scope of science through some radical changes in quantum physics. His strategy, howeve4 has the danger of trivializing the distinction between science and non-science thereby putting into question the very value of the project to naturalize the mind. In addition, the feasibility of this strategy remains dubious in light of the mysteries that still surround quantum physics. (shrink)

Abstract- Administrative corruption has a long history in Pakistan which affected each public institution since its inception. Good governance in Pakistan never took a sigh due to Bribery in public sector and versatile Miraculous of Corruption in Public Administration. Administrative corruption possesses a multidimensional and complex phenomenon that has been created by numerous factors to affect at a wide range and each segment of society to be exhibited in a diversity of roles and traits. This study is considering significance of (...) the subject and discovers the respondents’ response and identifies the causes and consequence of this dilemma. The current research attempts to measure the administrative corruption in education sector in Sindh and it also encompasses the implications on education professionals’ performance and their profession. For data analysis, sampling was derived from teaching, and non-teaching staff in education sector to construct open ended questionnaires and respondents’ privacy was ensured to fill the survey items. For data collection, 203 respondents feedback was secured and analysis was carried out by means of SPSS. The self-constructed questionnaires were used and the findings of the study support the administrative corruption in education sector was faced by respondents in the form of agent and non-agent based corruption in the treasury and concerned offices in the education department. In this way, agent based corruption and non-agent based corruption maintain positive and significant relation with Administrative Corruption. Moreover, prevailing study also encircles implications and recommendation, limitations, and future direction. Keywords: Administrative Corruption, Education Sector, Administrative System, Bribery. (shrink)

KEY POINTS In Canada, commercial data brokers collect deidentified patient data from pharmacies, private drug insurers, the federal government and medical clinics without patient consent. Although pharmaceutical companies are the data brokers’ primary customers, academics and nonprofit and public entities also use commercial data sets, given the absence of a coordinated public approach to collecting these data across Canada. Risks of commercialized patient data include loss of anonymity, surveillance and marketing, discrimination and violation of Indigenous data sovereignty. Coordinated infrastructure for (...) the collection and coordination of health data across Canada and updated privacy legislation would protect individuals and communities and enable appropriate data uses. (shrink)

The author has extensive law enforcement experience and the paper is intended to provoke thought on the use of technology as it pertains to information sharing between the police and the private sector. -/- As the world edges closer and closer to the convergence of man and machine, the human capacity to retrieve information is increasing by leaps and bounds. We are on the verge of knowing everything and anything there is to know, and literally in the blink of an (...) eye! -/- This means that police will have the capacity to learn everything about everyone with the only restriction being privacy legislation. But it also means that those involved in immoral, unlawful or illegal activity will have that same capacity and with no such restriction. ‘Bad Brother’ may be far more dangerous than ‘Big Brother!' -/- The global community requires a secure and credible system to retrieve and assess all of the information ‘generally available to the public.' A system that will strive to keep ‘Big Brother’ in check and ‘Bad Brother’ out, all the while providing a means of alerting citizens to genuine risks or to dangerous people. Such as system would help diffuse the systemic inaccurate and harmful profiling that is often based on rumours and innuendo. -/- There is an identified public-private partnership opportunity. A chance to work with privacy advocate groups and background checking private companies to define, design and deliver on something that will be of immense benefit to citizens around the globe. -/- We have an opportunity to create something that will work to ensure that only the best information gets used and in a moralistic, lawful and legal way! Technology continues to move forward at incomprehensible speeds – failure to act could have serious consequences. (shrink)

Surveillance plays a crucial role in public health, and for obvious reasons conflicts with individual privacy. This paper argues that the predominant approach to the conflict is problematic, and then offers an alternative. It outlines a Basic Interests Approach to public health measures, and the Unreasonable Exercise Argument, which sets forth conditions under which individuals may justifiably exercise individual privacy claims that conflict with public health goals. The view articulated is compatible with a broad range conceptions of the (...) value of health. (shrink)

This article starts from the assumption that there is a connection between art and language and responsibility. What is it based on? It follows on from the research of the Hamburg Circle in the 1920s by Ernst Cassirer and Aby M. Warburg, and was strengthened in the 2000s by Hartmut Böhme. Their joint starting point is the emotional life of human beings. Thus, they assume that already the perception is shaped by it and can be increased in rituals. Comparably hardly (...) noticed by us, it continues to have an effect in art and language and thus influences the recipient. From this derives the demand that both the one who speaks and the one who is creatively active bears responsibility for his or her doing. With the knowledge of the effect of art and language, however, the recipient is also required to take responsibility for his actions influenced by it. The article aims to show this connection, which is deeply rooted in the nature of human beings. -/- The article was originally published in German. It has now been translated by the author with the kind permission of the Evangelical Church in Germany. Additions were made only in the notes and in the bibliography. The concept for the text goes back to a conference of the Evangelical Academy of the Martin Luther City of Wittenberg (Saxony). On this basis, the author was invited to contribute to the publication of the Evangelical Church in Germany (EKD) Mitteilungen—Zur Erneuerung evangelischer Predigtkultur (Kirche im Aufbruch 5), edited by Kathrin Oxen and Dietrich Sagert. Leipzig: Evangelische Verlagsanstalt, 2013. The selection of the text for this issue of Art Style Magazine was based on one of the fundamental ideals of Metropolis, which sees itself as democratic and based on the responsibility of each member in dealing with art and language. (shrink)

Near the end of 'Naming the Colours', Lewis (1997) makes an interesting claim about the relationship between linguistic and mental content; we are typically unable to read the content of a belief off the content of a sentence used to express that belief or vice versa. I call this view autonomism. I motivate and defend autonomism and discuss its importance in the philosophy of mind and language. In a nutshell, I argue that the different theoretical roles that mental and linguistic (...) content play suggest these kinds of content should be understood as sensitive to different things. (shrink)

Kant defines ‘enlightenment’ as ‘humankind’s emergence from its self-imposed immaturity’. This essay considers the meaning, role, and novelty of this definition, while also examining its relation to the Enlightenment slogans: ‘sapere aude’ (‘Dare to be wise!’) and ‘Think for yourself’. It is argued that there are two subtly different aspects to the ‘immaturity’ from which Kant, insofar as he endorses the transformative process of enlightenment, is urging us to ‘emerge’. These aspects correspond to his two images of immaturity: first, (...) confinement within a kind of baby walker (Gängelwagen), and, second, attachment to ‘leading strings’ (Leitbande). It is argued that the first is a matter of thinking only ‘by courtesy’, the second a matter of thinking under the guidance of another – one’s guardian. It is asked whether Kant’s slogan ‘think for yourself’ might not be pragmatically self-defeating, and whether his insistence that one think for oneself can be made consistent with his permitting belief formation on the basis of the testimony of another. Finally, Kant’s concept of enlightenment is situated with respect to his distinction between the public and private ‘uses of reason’, on the one hand, and his defence of ‘freedom of the pen’, on the other. (shrink)

This paper raises questions concerning Ted Morris’ interpretation of Hume’s notion of meaning and investigates the private and public aspects of Hume’s notion of meaning.

Building, restoring and maintaining well-placed trust between scientists and the public is a difficult yet crucial social task requiring the successful cooperation of various social actors and institutions. Kitcher’s takes up this challenge in the context of liberal democratic societies by extending his ideal model of “well-ordered science” that he had originally formulated in his. However, Kitcher nowhere offers an explicit account of what it means for the public to invest epistemic trust in science. Yet in order to understand how (...) his extended model and its implementation in the actual world address the problem of trust as well as to evaluate it critically, an explicit account of epistemic public trust in science needs to be given first. In this article we first present such an account and then scrutinize his project of building public trust in science in light of it. We argue that even though Kitcher’s ideal model and his proposals for its implementation in the real world face a number of problems, they can be addressed with the resources of our account. (shrink)

With An Answer to the Question: What Is Enlightenment? (1784) and What Does It Mean to Orient Oneself in Thinking? (1786), Kant presents the concept of public use of reason and defines its requirements, scope, and function. In outline, the public use of reason consists in sharing one’s thoughts with “the entire public of the world of readers” (8:37). As for its requirements, to the extent that someone communicates in their own person, i.e. not in the exercise of their function (...) as a public official, and bases their reasoning on universalizable grounds, their use of reason qualifies as public and shall be free from state censorship. Therefore, Kant’s concept of public use reason aims to establish a public debate that is free and includes in its scope, both as subjects and recipients, potentially all adult men. The ultimate function of the public use of reason is to foster moral progress and, with it, the reform of the political community according to the republican ideal. However, it is commonly held that Kant, with his 1798 essay The Conflict of the Faculties, deprives his notion of public use of reason of its progressive core and adjusts it to the absolutist conception of speech and civil service. Characterizations of state officials as “not free to make public use of their learning” (7:18) and “bound to uphold whatever […] the crown sanctions for them to expound publicly” (7:8), as well as the depiction of laypeople as “incompetent” (7:18) and “resigned to understanding nothing about [the sciences]” (7:34), have led influential interpreters to read Kant as redefining his notion of public use of reason by restricting its subjects to university professors and its recipients to government members (e.g. John Christian Laursen 1986, rpt. 1992 and 1996; Kevin Davis 1992; Steven Lestition 1993; Jay Franzel 2013). On my reading, with The Conflict of the Faculties, Kant does indeed redefine the concept of public use of reason making concessions to the absolutist notion of speech and civil service. However, a close reading of the text reveals that the public use of reason ends up being reaffirmed in its progressive core and extended in its scope. To substantiate my interpretation, I will systematically analyse and classify each of the 68 occurrences of the adjective ‘public’ in The Conflict of the Faculties and show how Kant employs the absolutist vocabulary to convey the progressive project of his previous writings. Accordingly, I argue that Kant holds on to the free public use of reason as a means to reform politics according to the republican ideal and that the employment of the absolutist vocabulary is motivated by a pragmatic attitude and a provocative stance. (shrink)

PLEASE NOTE: This is the corrected 2nd eBook edition, 2021. ●●●●● _Critique of Impure Reason_ has now also been published in a printed edition. To reduce the otherwise high price of this scholarly, technical book of nearly 900 pages and make it more widely available beyond university libraries to individual readers, the non-profit publisher and the author have agreed to issue the printed edition at cost. ●●●●● The printed edition was released on September 1, 2021 and is now available through (...) all booksellers, including Barnes & Noble, Amazon, and brick-and-mortar bookstores under ISBN 978-0-578-88646-6. ●●●●● In light of the length of this book, readers who would like to have a more detailed description of the book's objectives and method may find it helpful to read the detailed and clearly written Wikipedia entry about this work: From the Wikipedia search page, use the search phrase "Critique of Impure Reason". At least at the time of this writing (11/29/2021), the Wikipedia entry is well-researched and accurate. ●●●●● In addition, a "Primer on Bartlett's CRITIQUE OF IMPURE REASON" has been made available by the author. It is available under its title through PhilPapers and other philosophy online archives. ●●●●● COMMENDATIONS OF THIS WORK, from the back cover of the published edition: ●●●●● “I admire its range of philosophical vision.” – Nicholas Rescher, Distinguished University Professor of Philosophy, University of Pittsburgh, author of more than 100 books. ●●●●● “Bartlett’s _Critique of Impure Reason_ is an impressive, bold, and ambitious work. Careful scholarship is balanced by original analyses that lead the reader to recognize the limits of meaning, knowledge, and conceptual possibility. The work addresses a host of traditional philosophical problems, among them the nature of space, time, causality, consciousness, the self, other minds, ontology, free will and determinism, and others. The book culminates in a fascinating and profound new understanding of relativity physics and quantum theory.” – Gerhard Preyer, Professor of Philosophy, Goethe-University, Frankfurt am Main, Germany, author of many books including _Concepts of Meaning_, _Beyond Semantics and Pragmatics_, _Intention and Practical Thought_, and _Contextualism in Philosophy_. ●●●●● “[This work’s] goal is of a unique and difficult species: Dr. Bartlett seeks to develop a formal logical calculus on the basis of transcendental philosophical arguments; in fact, he hopes that this calculus will be the formal expression of the transcendental foundation of knowledge.... I consider Dr. Bartlett’s work soundly conceived and executed with great skill.” – C. F. von Weizsäcker, philosopher and physicist, former Director, Max-Planck-Institute, Starnberg, Germany. ●●●●● “Bartlett has written an American “Prolegomena to All Future Metaphysics.” He aims rigorously to eliminate meaningless assertions, reach bedrock, and place philosophy on a firm foundation that will enable it, like science and mathematics, to produce lasting results that generations to come can build on. This is a great book, the fruit of a lifetime of research and reflection, and it deserves serious attention.” — Martin X. Moleski, former Professor, Canisius College, Buffalo, NY, studies of scientific method, the presuppositions of thought, and the self-referential nature of epistemology. ●●●●● “Bartlett has written a book on what might be called the underpinnings of philosophy. It has fascinating depth and breadth, and is all the more striking due to its unifying perspective based on the concepts of reference and self-reference.” – Don Perlis, Professor of Computer Science, University of Maryland, author of numerous publications on self-adjusting autonomous systems and philosophical issues concerning self-reference, mind, and consciousness. ●●●●● ●●●●● The _Critique of Impure Reason: Horizons of Possibility and Meaning_ comprises a major and important contribution to philosophy. Thanks to the generosity of its publisher, this massive 885-page volume has been published as a free open access eBook (3.75MB) as well as an open access printed edition. It inaugurates a revolutionary paradigm shift in philosophical thought by providing compelling and long-sought-for solutions to a wide range of philosophical problems. In the process, the work fundamentally transforms the way in which the concepts of reference, meaning, and possibility are understood. The book includes a Foreword by the celebrated German philosopher and physicist Carl Friedrich von Weizsäcker. ●●●●● In Kant’s _Critique of Pure Reason_ we find an analysis of the preconditions of experience and of knowledge. In contrast, but yet in parallel, the new _Critique_ focuses upon the ways—unfortunately very widespread and often unselfconsciously habitual—in which many of the concepts that we employ _conflict_ with the very preconditions of meaning and of knowledge. ●●●●● This is a book about the boundaries of frameworks and about the unrecognized conceptual confusions in which we become entangled when we attempt to transgress beyond the limits of the possible and meaningful. We tend either not to recognize or not to accept that we all-too-often attempt to trespass beyond the boundaries of the frameworks that make knowledge possible and the world meaningful. ●●●●● The _Critique of Impure Reason_ proposes a bold, ground-breaking, and startling thesis: that a great many of the major philosophical problems of the past can be solved through the recognition of a viciously deceptive form of thinking to which philosophers as well as non-philosophers commonly fall victim. For the first time, the book advances and justifies the criticism that a substantial number of the questions that have occupied philosophers fall into the category of “impure reason,” violating the very conditions of their possible meaningfulness. ●●●●● The purpose of the study is twofold: first, to enable us to recognize the boundaries of what is referentially forbidden—the limits beyond which reference becomes meaningless—and second, to avoid falling victims to a certain broad class of conceptual confusions that lie at the heart of many major philosophical problems. As a consequence, the boundaries of _possible meaning_ are determined. ●●●●● Bartlett, the author or editor of more than 20 books, is responsible for identifying this widespread and delusion-inducing variety of error, _metalogical projection_. It is a previously unrecognized and insidious form of erroneous thinking that undermines its own possibility of meaning. It comes about as a result of the pervasive human compulsion to seek to transcend the limits of possible reference and meaning. ●●●●● Based on original research and rigorous analysis combined with extensive scholarship, the _Critique of Impure Reason_ develops a self-validating method that makes it possible to recognize, correct, and eliminate this major and pervasive form of fallacious thinking. In so doing, the book provides at last provable and constructive solutions to a wide range of major philosophical problems. ●●●●● CONTENTS AT A GLANCE ▪▪▪▪▪ Preface ▪▪▪▪▪ Foreword by Carl Friedrich von Weizsäcker ▪▪▪▪▪ Acknowledgments ▪▪▪▪▪ Avant-propos: A philosopher’s rallying call ▪▪▪▪▪ Introduction ▪▪▪▪▪ A note to the reader ▪▪▪▪▪ A note on conventions ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART I ▪▪▪▪▪ ▪▪▪▪▪ WHY PHILOSOPHY HAS MADE NO PROGRESS AND HOW IT CAN ▪▪▪▪▪ 1 Philosophical-psychological prelude ▪▪▪▪▪ 2 Putting belief in its place: Its psychology and a needed polemic ▪▪▪▪▪ 3 Turning away from the linguistic turn: From theory of reference to metalogic of reference ▪▪▪▪▪ 4 The stepladder to maximum theoretical generality ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART II ▪▪▪▪▪ THE METALOGIC OF REFERENCE ▪▪▪▪▪ A New Approach to Deductive, Transcendental Philosophy ▪▪▪▪▪ 5 Reference, identity, and identification ▪▪▪▪▪ 6 Self-referential argument and the metalogic of reference ▪▪▪▪▪ 7 Possibility theory ▪▪▪▪▪ 8 Presupposition logic, reference, and identification ▪▪▪▪▪ 9 Transcendental argumentation and the metalogic of reference ▪▪▪▪▪ 10 Framework relativity ▪▪▪▪▪ 11 The metalogic of meaning ▪▪▪▪▪ 12 The problem of putative meaning and the logic of meaninglessness ▪▪▪▪▪ 13 Projection ▪▪▪▪▪ 14 Horizons ▪▪▪▪▪ 15 De-projection ▪▪▪▪▪ 16 Self-validation ▪▪▪▪▪ 17 Rationality: Rules of admissibility ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART III ▪▪▪▪▪ PHILOSOPHICAL APPLICATIONS OF THE METALOGIC OF REFERENCE ▪▪▪▪▪ Major Problems and Questions of Philosophy and the Philosophy of Science ▪▪▪▪▪ 18 Ontology and the metalogic of reference ▪▪▪▪▪ 19 Discovery or invention in general problem-solving, mathematics, and physics ▪▪▪▪▪ 20 The conceptually unreachable: “The far side” ▪▪▪▪▪ 21 The projections of the external world, things-in-themselves, other minds, realism, and idealism ▪▪▪▪▪ 22 The projections of time, space, and space-time ▪▪▪▪▪ 23 The projections of causality, determinism, and free will ▪▪▪▪▪ 24 Projections of the self and of solipsism ▪▪▪▪▪ 25 Non-relational, agentless reference and referential fields ▪▪▪▪▪ 26 Relativity physics as seen through the lens of the metalogic of reference ▪▪▪▪▪ 27 Quantum theory as seen through the lens of the metalogic of reference ▪▪▪▪▪ 28 Epistemological lessons learned from and applicable to relativity physics and quantum theory ▪▪▪▪▪ ▪▪▪▪▪ PART IV ▪▪▪▪▪ HORIZONS ▪▪▪▪▪ 29 Beyond belief ▪▪▪▪▪ 30 _Critique of Impure Reason_: Its results in retrospect ▪▪▪▪▪ ▪▪▪▪▪ SUPPLEMENT ▪▪▪▪▪ The Formal Structure of the Metalogic of Reference ▪▪▪▪▪ APPENDIX I ▪▪▪▪▪ The Concept of Horizon in the Work of Other Philosophers ▪▪▪▪▪ APPENDIX II ▪▪▪▪▪ Epistemological Intelligence ▪▪▪▪▪ References ▪▪▪▪▪ Index ▪▪▪▪▪ About the author. 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Frank Jackson often writes as if his descriptivist account of public language meanings were just plain common sense. How else are we to explain how different speakers manage to communicate using a public language? And how else can we explain how individuals arrive at confident judgments about the reference of their words in hypothetical scenarios? Our aim in this paper is to show just how controversial the psychological assumptions behind in Jackson’s semantic theory really are. First, we explain how Jackson’s (...) theory goes well beyond the commonsense platitudes he cites in its defence. Second, we sketch an alternative explanation of those platitudes, the jazz model of meaning, which we argue is more psychologically realistic. We conclude that the psychological picture presupposed by Jackson’s semantic theory stands in need of a much more substantial defence than he has so far offered. (shrink)

Social psychology and ideology, which are integral parts of public consciousness, are closely intertwined. While revealing the connection between them, most researchers give preference to ideology, noting that it plays an active role in relation to social psychology, and that social psychology has relative independence in relation to ideology. In the scientific literature devoted to this problem, the preference for the interpretation of ideology over social psychology is due to the complex nature of the latter and the difficulty of studying (...) it. It is also stated that when social psychology is developed spontaneously outside the ideology, without the latter’s influence, its ability to actively influence the ideology wanes. Although social psychology differs from ideology in terms of its history and mechanism of formation, there are a number of commonalities between them. First of all, both social psychology and ideology as a phenomenon of moral life reflect the social interests and needs of people and have a strong impact on the formation of their moral discourse. The interaction of ideology and social psychology is manifetsted in many forms. It is extremely important to identify the internal mechanisms of this interaction. Examples of such internal mechanisms are persuasion, persuasion, imitation, stereotypes, social attitudes, propaganda and other socio-psychological phenomena. Consideration of such socio-psychological events as a means of emotional and volitional influence on people's minds, as well as a mechanism of internal interaction between ideology and social psychology, is of great importance for studying their psychological nature and the possibility of their appropriate use. (shrink)

In this paper we investigate how the dynamic nature of words’ meanings plays a role in a philosophical theory of meaning. For ‘dynamic nature’ we intend the characteristic of being flexible, of changing according to many factors (speakers, contexts, and more). We consider meaning as something that gradually takes shape from the dynamic processes of communication. Accordingly, we present a draft of a theory of meaning that, on the one hand, describes how a private meaning is (...) formed as a mental state of individual agents during a lifetime of experiences, and, on the other hand, shows how a public meaning emerges from the interaction of agents. When communicating with each other, agents need to converge on a shared meaning of the words used, by means of a negotiation process. A public meaning is the abstract product of many of these processes while, at the same time, the private meanings are continually reshaped by each negotiation. Exploring this dynamics, we have been looking at the work done by computer scientists dealing with problems of heterogeneity of sources of information. We argue that a suitable solution for both disciplines lies in a systematic characterization of the processes of meaning negotiation. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...) theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

Derogatory terms (racist, sexist, ethnic, and homophobic epithets) are bully words with ontological force: they serve to establish and maintain a corrupt social system fuelled by distinctions designed to justify relations of dominance and subordination. No wonder they have occasioned public outcry and legal response. The inferential role analysis developed here helps move us away from thinking of the harms as being located in connotation (representing mere speaker bias) or denotation (holding that the terms fail to refer due to inaccurate (...) descriptive content). The issue is not bad attitudes or referential misfires. An inferential role semantic analysis of derogatory terms shows exactly what is at stake between those who argue that the terms should be eliminated (Absolutists) and those who claim they can be successfully rehabilitated (Reclaimers). The Reclaimer maintains, and the Absolutist denies, that certain contexts can detach the derogatory force from deeply derogatory terms. The article looks at these claims with respect to ‘nigger’ and ‘dyke,’ setting out the inferential role of each term and examining detachability potential. Explaining detachability in terms of linguistic commitments, this article also addresses the issue of whether such terms count as political discourse, and examines the implications of that issue. (shrink)

What does Artificial Intelligence (AI) have to contribute to health care? And what should we be looking out for if we are worried about its risks? In this paper we offer a survey, and initial evaluation, of hopes and fears about the applications of artificial intelligence in medicine. AI clearly has enormous potential as a research tool, in genomics and public health especially, as well as a diagnostic aid. It’s also highly likely to impact on the organisational and business practices (...) of healthcare systems in ways that are perhaps under-appreciated. Enthusiasts for AI have held out the prospect that it will free physicians up to spend more time attending to what really matters to them and their patients. We will argue that this claim depends upon implausible assumptions about the institutional and economic imperatives operating in contemporary healthcare settings. We will also highlight important concerns about privacy, surveillance, and bias in big data, as well as the risks of over trust in machines, the challenges of transparency, the deskilling of healthcare practitioners, the way AI reframes healthcare, and the implications of AI for the distribution of power in healthcare institutions. We will suggest that two questions, in particular, are deserving of further attention from philosophers and bioethicists. What does care look like when one is dealing with data as much as people? And, what weight should we give to the advice of machines in our own deliberations about medical decisions? (shrink)

A fiscal administration shows the reality of government and public organization in their provision of public good or service for the citizen. It is an independent subject from the accounting, economic, political, and legal science, which is interdisciplinary and strives for any distinct goal of studies. A fiscal sustainability perhaps would be one ideal that this science would flounder to crystallize and hold out. The studies would be similar to the adjacent sciences, but could be defined ultimately for its unique (...) feature or characteristic. The accounting or accounting sciences would aim to set forth the standards of evaluating the operation and asset or debt as well as the formality to show the numerical status or assessment for the businesses, mainly private and secondarily public. The fiscal administration involves these aspects, but there are many other elements to inculcate the minds of fiscal researcher, such as public ideals or social justice beyond the math or numerical requirements. The economic science would guide the criterion of practice for the government or public organization when they contemplate on the fiscal issues or challenges. The efficiency of budget or basic concepts, i.e., scanty resources or appropriability problem, non-exclusion and non-exhaustion, eminent dichotomy between the private and public sectors or privatization, distinction between provision and production, and so on, would divulge a close dialogue and interactive understanding between the two sciences. Nevertheless, there are differences being present invariably and conceptually between them. For example, the market failure perhaps would be one stigmatic condition to increase the profile of fiscal science. A provision anticipated from the government had been defined far earlier from the classic thought, such as police and national defense. We may share the economic idea, such as Pareto criterion, but the fiscal administration would phase out a multifaceted interplay, principally because it concerns of rule of government and because of its general absoluteness. Many artificial and institutional assumption and terms would variegate the pure theory of Pareto optimal to struggle in the cause of immeasurable kinds of values or concepts. For example, democracy is based on the head count and generally from the value of equal voting in deciding a fiscal issue. The bloated payroll would perhaps presuppose an odd reality deviated from the Pareto ideals, and the logrolling or lobbying would upstage or provide a culprit to breach the economic ways of interaction or commandment. In some cases, they trade a vote to pass the public hurdle that misallocates the resources for less than efficient public programs. Nevertheless, it explains the place where we now stand, and the macro-economy or the kind of thoughts would be considered as most approximated with the quality of fiscal studies. The science of fiscal administration would not disappear unless our reality would be purified, as the economic thought espoused, for the idealistic liberal market or communism. In both cases, the government would no longer be necessary and the fiscal administration is never demanded. It also would be denied if the communist ideals would become a reality any ultimately, say, perish of government and idealistic friendship of working class without exploitation. This means the fiscal administration is a practical science, not merely a theoretical framework, which is to be investigated and approached for the kind of hybrid products. As the political science is basically a bland product on the concept of political power, it could be intermingled with the fiscal science partly in areas of thought, but be made distinct among another. (shrink)

Jensen and Meckling’s 1976 definition of the firm as a legal fiction which serves as a nexus for contracts between individuals sits well with the Coasean narrative on the firm while at the same time being at odds with it. Available interviews with Jensen shed little light on the origins and meaning of this unusual definition. The paper shows how the definition captured, and was a response to, the American socio-political context of the early and mid-1970s, and traces how (...) Jensen and Meckling employed it once they themselves got immersed in the public debate about corporate responsibility and regulation in the late 1970s and early 1980s. It also considers Jensen and Meckling’s place in the literature on the economics of corporate law developed mostly in the 1980s. (shrink)

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

NOTE TO THE READER - December, 2021 ●●●●● -/- After a long period of time devoted to research in other areas, the author returned to the subject of this paper in a book-length study, CRITIQUE OF IMPURE REASON: Horizons of Possibility and Meaning. In this book (Chapter 11, “The Metalogic of Meaning”), the position developed in the 1982 paper, "Referential Consistency as a Criterion of Meaning", has been substantively revised and several important corrections made. It is recommended (...) that readers read the revised and corrected version that appears in the book, CRITIQUE OF IMPURE REASON. ●●●●● -/- The book is available in a printed edition, ISBN 978-0-578-88646-6, from online booksellers such as Barnes & Noble, Amazon, and through independent bookstores. The book is also available as a freely downloadable _corrected second edition_ eBook, DOI: 10.5281/zenodo.5458352, through PhilSci, PhilPapers, HAL, and other online archives. ●●●●● -/- In addition to the above-mentioned book, readers may find "A Primer on Bartlett's CRITIQUE OF IMPURE REASON" to be useful as a guide to the nearly 900-page CRITIQUE. The primer is available as a free download through PhilPapers. ●●●●● -/- "Referential Consistency as a Criterion of Meaning" describes a logically compelling criterion of meaning — that is, a necessary condition of meaning, one which is non-arbitrary and compelling. One cannot _not_ accept the proposed criterion without self-referential inconsistency. This “metalogical” variety of self-referential inconsistency is new, opening a third category beyond semantical and pragmatical forms of self-referential inconsistency. ●●●●● -/- It is argued that such a criterion of meaning can serve as an instrument of internal criticism for any theoretical framework that permits reference to a class of objects. The paper combines the concern of the logical empiricists to formulate a rigorous meaning criterion, with the analytical interest in identifying and eliminating self-defeating statements through an analysis of the referential structure of theories. ●●●●● -/- The paper is followed by a list of other publications by the author that further develop and extend the ideas presented here. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms this (...) tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

The human mind is constituted by inner, subjective, private, first-person conscious experiences that cannot be measured with physical devices or observed from an external, objective, public, third-person perspective. The qualitative, phenomenal nature of conscious experiences also cannot be communicated to others in the form of a message composed of classical bits of information. Because in a classical world everything physical is observable and communicable, it is a daunting task to explain how an empirically unobservable, incommunicable consciousness could have any physical (...) substrates such as neurons composed of biochemical molecules, water, and electrolytes. The challenges encountered by classical physics are exemplified by a number of thought experiments including the inverted qualia argument, the private language argument, the beetle in the box argument and the knowledge argument. These thought experiments, however, do not imply that our consciousness is nonphysical and our introspective conscious testimonies are untrustworthy. The principles of classical physics have been superseded by modern quantum physics, which contains two fundamentally different kinds of physical objects: unobservable quantum state vectors, which define what physically exists, and quantum operators (observables), which define what can physically be observed. Identifying consciousness with the unobservable quantum information contained by quantum physical brain states allows for application of quantum information theorems to resolve possible paradoxes created by the inner privacy of conscious experiences, and explains how the observable brain is constructed by accessible bits of classical information that are bound by Holevo's theorem and extracted from the physically existing quantum brain upon measurement with physical devices. (shrink)

This literature review explores the issues and risks in non-conscious data collection and evaluates people’s attitudes towards it. In the modern world, data is one of the most valuable resources, yet studies focused on the potential negative implications of the new data-driven technologies are lacking. Therefore, this thesis conducts a comprehensive literature review to identify and assess risks in non-conscious data collection technologies that are most relevant and referenced in current literature. Accordingly, the most prominent risks are related to (...) class='Hi'>privacy issues with personal data, bias in algorithms creating inequality, and the difficulties in creating adequate legislation. Subsequently, the thesis will explore existing studies about people’s attitudes towards non-conscious data collection and examine the most significant socio-demographic determinants of those attitudes. Therefore, despite socio-demographic factors such as age, gender, and economic status affecting the attitudes people have towards data collection technologies, this thesis argues how these approaches can be explained by varying external factors such as prior experiences with similar technologies. (shrink)

Does privacy--the condition of being invisible to public scrutiny--in so emphasizing individual rights, undermine community? One objection to privacy is that it is a license to engage in antisocial activity that undermines social norms. Another objection is that privacy encourages isolation and anonymity, also undermining community. Drawing on the political theory of Hegel, I argue that privacy can promote community. Some invasions of privacy can undermine a sort of autonomy essential for maintaining a community. I (...) also discuss what we need to know before establishing whether privacy empirically promotes or undermines community. (shrink)

My main point is that the creation of a free public time implies the creation of a democratic collective inspired by the project of social ecology. The first and second parts of this article focus on the modern social phenomena correlated to the general crisis and the emergence of the Internet Age (Castells, 2012). The third and fourth parts focus on new significations that seem to inspire modern social movements and the challenges that modern democratic ecological collectivities face. I use (...) the term “social ecology” as defined by Murray Bookchin: “Social ecology is based on the conviction that nearly all of our present ecological problems originate in deep-seated social problems” (Bookchin, 2006, p. 19). And I use the term “democracy” exclusively in the original, true meaning, of direct democracy where society is self-governed by the equal participation of every individual to political decisions and functions, as opposed to a modern representative democracy or republic, where political decisions rest in the hands of an oligarchy. In this sense, a truly democratic political collectivity is a truly ecological collectivity and vice versa. (shrink)

This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to (...) form families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (shrink)