Ideally, should liberals in a pluralistic society be able to agree to abide by a common legal system such that all their disputes are resolved without resort to illegal force? Rawls believes the answer is “yes.” I explain and defend his answer, but I also conclude, focusing on the example of abortion, that the truth is “not necessarily, not always.” Rawls’s conceptions of reasonable citizens and public reason help explain why there is a strong prima facie duty to forswear illegal (...) force. It is based on the duty to respect others, which requires that one be able to justify one's actions to them insofar as they are reasonable and matters of basic justice are at issue. One cannot justify using illegal force to those who reasonably think a law is just; to them it is a form of disrespect. Nonetheless, if one reasonably thinks that a fundamental injustice is tolerated or even established by the law, then one may be no less reasonable than one has reason to be if one uses illegal force, sacrificing this form of respect to right a greater wrong. (shrink)

Book review of Elizabeth F. Cohen's Illegal: How America’s lawless immigration regime threatens us all.

This essay examines the analysis of language in The Concept of Anxiety and argues that language ultimately reveals itself as both dangerous and salvific. The pseudonymous author, Vigilius Haufniensis, is suspicious of language, for it divides the individual from herself and thereby makes possible the self-forgetfulness of objective chatter. Indeed, this warning (which commenters have tended to follow uncritically) is a legitimate one – yet it fails to grasp that by rendering the self other than itself, language constitutes the self. (...) In other words, the individual’s very existence depends on language. Moreover, the attempt to establish oneself as absolutely self-identical is precisely sin. Language opens us to alterity, and for this reason the demonic cannot endure it and seeks to control it. Language is uncontrollable, however, to the point that no sign permits us to be certain that we have rightly distinguished good from evil, the salvific from the demonic – and salvation can come only if we renounce the attempt to establish distinctions that are beyond our power. By employing a pseudonymous figure who views language with suspicion, Kierkegaard shows that language is dangerous, even deadly, but also allows us to realize that language is the condition of possibility for salvation. (shrink)

trying to get info on vivisection at Ryerson U, i was threatened with legal action. an overview of my experience, with some findings.

This essay examines the analysis of language in The Concept of Anxiety and argues that language ultimately reveals itself as both dangerous and salvific. The pseudonymous author, Vigilius Haufniensis, is suspicious of language, for it divides the individual from herself and thereby makes possible the self-forgetfulness of objective chatter. Indeed, this warning (which commenters have tended to follow uncritically) is a legitimate one – yet it fails to grasp that by rendering the self other than itself, language constitutes the self. (...) In other words, the individual’s very existence depends on language. Moreover, the attempt to establish oneself as absolutely self-identical is precisely sin. Language opens us to alterity, and for this reason the demonic cannot endure it and seeks to control it. Language is uncontrollable, however, to the point that no sign permits us to be certain that we have rightly distinguished good from evil, the salvific from the demonic – and salvation can come only if we renounce the attempt to establish distinctions that are beyond our power. By employing a pseudonymous figure who views language with suspicion, Kierkegaard shows that language is dangerous, even deadly, but also allows us to realize that language is the condition of possibility for salvation. (shrink)

The war on drugs is widely criticized as unjust. The idea that the laws prohibiting drugs are unjust can easily lead to the conclusion that those laws do not deserve our respect, so that our only moral reason to obey them flows from a general moral obligation to obey the law, rather than from anything morally troubling about drug use itself. In this paper, I argue that this line of thinking is mistaken. I begin by arguing that the drug laws (...) are indeed unjust. However, so long as they remain prohibited, I argue that we have strong moral reasons to avoid drug use. First, drug users are partly responsible for the violent and exploitative conditions in which many drugs are produced and distributed. Second, the unequal ways in which drug laws are enforced make drug use by many an unethical exercise of privilege. These reasons do not depend on the existence of a general moral obligation to obey the law; we ought to refrain from illegal drug use even if prohibition is unjust and even if we have no general obligation to obey the law. In fact, drug laws turn out to represent an interesting exception case within the broader debate about this obligation, and I argue that it is the very injustice of the law that generates the reasons not to violate it. (shrink)

. The Road Safety Violation Reporting System is an innovative approach to improve road safety by enabling community members to report traffic rule violations. India faces over 150,000 traffic fatalities each year due to non-compliance with laws like wearing seat belts, helmets, and avoiding mobile phone use while driving. Our platform allows citizens to report violations using photographic evidence, which includes location and timestamp data. The system automates fine generation while maintaining the anonymity of the reporters, encouraging public participation in (...) traffic law enforcement. This project leverages community engagement and advanced technology to significantly reduce traffic violations and enhance road safety. (shrink)

In this article I use the tropes of El Cucuy (the Mexican version of the boogyman), La Llorona (the wailer), and La Migra (the border patrol) to provide the beginnings of an ethical critique of the treatment of undocumented immigrants in the United States.

The illegal drug trade is a world phenomenon, which has had some adverse impact on societies. Significantly, the impact is damning in developing economies in Africa and Ghana in particular. This paper therefore seeks to address the causes and effects of the use and peddle of these illegal drugs in three communities in the capital city of the Asante Region of Ghana. It further ascertains the extent to which these drugs burden the security agencies in the communities and the country (...) in general. We have used documentary and non-documentary sources to arrive at some postulations on this important social question which has wider ramifications on Kumase, Asante, Ghana and Africa in general. (shrink)

The aim of this article is to show that refusing to legalize the status of undocumented immigrants who have been long-term residents is a serious violation of human rights. The "right to have rights" ­ a term coined by Hannah Arendt and developed by Sheila Benhabib ­ should be construed first and foremost as the right to a legal existence. We take issue with consequentialists who warn that legalizing the status of undocumented aliens will encourage further undesirable immigration, for withholding (...) legal status in order to deter illegal newcomers is neither efficacious nor just. We conclude that "selective" as opposed to "endured" immigration policies are ethically untenable. (shrink)

The proposition that “promises ought to be kept is one of the most important normative ideas or value judgements in our daily lives. But what about “illegal promises”? That is to say, what about promises that are, legally or morally speaking, malum in se or inherently wrongful, such as voluntary exchanges that are inherently immoral or wrongful, like bribes, blackmail, murder, etc.? In short, what moral obligations, if any, do such promises impose? Although many of the greatest thinkers in Western (...) civilization have offered a wide variety of theories to explain the source of promissory obligations, it turns out there is a blind spot in this centuries-old conversation, for few theorists have given the problem of illegal or immoral promises any sustained thought. Nevertheless, illegal or immoral promises should be of theoretical interest to us because such promises may help us delimit the outer boundaries of promissory obligations. (shrink)

We should conceive of illegal covert animal rescue as acts of “subrevolution” rather than as civil disobedience. Subrevolutions are revolutions that aim to overthrow some part of the government rather than the entire government. This framework better captures the relevant values than the opposing suggestion that we treat illegal covert animal rescue as civil disobedience. If animals have rights like the right not to be unjustly imprisoned and mistreated, then it does not make sense that an instance of animal rescue (...) will be justifiable only if it meets criteria for justified civil disobedience, e.g., the requirement that the civil disobedient not rescue more animals than would be necessary to communicate their message. Thus, the framework of subrevolution is a more apt way to analyze animal rescue. (shrink)

Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by being (...) costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible. (shrink)

Environmental activism is crucial in increasing awareness of environmental degradation and preventing actions that harm the environment. A radical environmentalist movement has emerged within the community of activists. They advocate using illegal measures to attain their goals. This paper discusses these radical environmentalist groups’ motivations, their actions and their consequences. Activities that many consider unacceptable, such as art vandalism and road blockades, may result in adverse outcomes and diminish public support for environmental endeavors. We propose an alternative solidarity approach whereby (...) activists focus their efforts on disseminating information to the general public on climate change and other environmental issues, advocating for the adoption of eco-surplus culture, and fostering cooperation among governments, businesses, and individuals to develop effective solutions. (shrink)

In the current digital environment, cyberattacks continue to pose a serious risk and difficulty. Internet of Things (IoT) devices are becoming more and more vulnerable due to security problems like ransomware, malware, poor encryption, and IoT botnets. These flaws may result in ransom demands, data tampering, illegal access, and system risks. Creating strong cybersecurity procedures for contemporary smart environments is essential to resolving these problems. This strategy uses proactive network traffic monitoring to spot any dangers in the Internet of Things (...) ecosystem. Our approach is to improve Smart Environments' security and awareness of potential threats. Two IoT gateways were used to examine the effectiveness and performance of a deep neural network (DNN) model. The results were promising: the model caused an average increase of less than 30 kb/s in network bandwidth and a mere 2% rise in CPU usage. Additionally, memory and power consumption were minimal, with 0.42 GB and 0.2 GB of memory usage for NVIDIA Jetson and Raspberry Pi devices, respectively, and an average 13.5% increase in power consumption per device. The machine learning models achieved nearly 93% detection accuracy and a 92% F1 score on the datasets used. Our framework demonstrates an effective and efficient method for detecting malware and attacks in Smart Environments. (shrink)

Introduction: -/- Walking, illegally, down main Montreal thoroughfares with students in nightly demonstrations, with neighbors whom I barely knew before, banging pots and pans, and with tens, if not hundreds, of thousands of people on every 22nd of the month since March—this was unimaginable a year ago.1 Unimaginable that the collective and heterogeneous body, which is the “manif [demonstration]”, could feel so much like home, despite its internal differences. Unimaginable that this mutual dependence on one another could enable not only (...) collective protection from traffic and police but the affective strength and audacity to take back the street—a mutual dependence that includes the masked demonstrators ready to help when gassed by police. Unimaginable too that we would be breaking the law daily,2 that blocking traffic and seeing the city from the center of the street would become habit, and that as the “printemps érable” becomes summer, we would be investing our time in neighborhood assemblies, in weaving social bonds, and in sustaining and deepening the mobilization. -/- I say these actions were unimaginable not merely because the context that motivated the enlargement of the student movement into a popular struggle combines a number of unique features. Nor were they simply unimaginable because the Quebec I previously knew was marred by the Islamophobia and cultural racism made visible during the reasonable accommodation debates, a society whose mapping excluded me and for whose sake it would have been difficult to protest.3 Rather, I say these actions were unimaginable because the possibility of this popular and inclusive mobilization had not yet been created. It is this possibility that the Quebec student movement has created, I argue, not only in quantitative terms by engaging so many, but at the level of lived subjectivities and intercorporeal solidarity. The evolution of the movement should be understood, then, both as a swelling of its popular base and as an intensification and qualitative transformation of ways of life. (shrink)

It is often assumed that if the fetus is a person, then abortion should be illegal. Thomson1 laid the groundwork to challenge this assumption, and Boonin2 has recently argued that it is false: he argues that abortion should be legal even if the fetus is a person. In this article, I explain both Thomson’s and Boonin’s reason for thinking that abortion should be legal even if the fetus is a person. After this, I show that Thomson’s and Boonin’s argument for (...) legalised abortion fail; they have not given us good reason for thinking abortion should be legal.1 Finally, I argue that—if we play Boonin’s game—abortion should be illegal. When discussing the ethics and politics of abortion, whether the fetus is a person is usually central.3 4.2 However, Thomson1 long ago challenged this view. She argued that abortion is permissible even if the fetus is a person. To do so, she asks us to consider a case in which you are non-consensually taken to a hospital and hooked up to a famous violinist. The violinist, if he is to survive, needs to filter his blood through your body. After 9 months, he will be fine and you can unplug yourself and go on your way. If you unplug yourself prior to this, however, he will die. Is it permissible to unplug yourself? Thomson thinks the answer is ‘yes’. And this, she thinks, shows that abortion is permissible even if the fetus is a person. While the majority of her article focuses on the ethics of abortion, it is clear that she also aims to show that abortion should be legal if the fetus is a person; she would no doubt reject the view that the state is right to coerce you into …. (shrink)

In previous works (Floridi 2018) I introduced the distinction between hard ethics (which may broadly be described as what is morally right and wrong independently of whether something is legal or illegal), and soft or post-compliance ethics (which focuses on what ought to be done over and above existing legislation). This paper analyses the applicability of soft ethics to the General Data Protection Regulation and advances the theory that soft ethics has a dual advantage—as both an opportunity strategy and a (...) risk management solution. (shrink)

Environmental activism plays a vital role in raising awareness of environmental degradation and halting environmentally destructive activities, which is expected to contribute to safeguarding the Earth’s system against climate and biodiversity loss crises. Although the passion and commitment of environmental activists should be acknowledged, several groups of environmental activists are embracing the radical environmentalist movement. They support using illegal actions to achieve their primary goal of environmental protection. The actions perpetrated by radical environmentalist groups are not impulsive but rather part (...) of a deliberately planned and organized following a long-term strategy. (shrink)

[Selected as EDITOR'S CHOICE] Background: Extant surveys of people’s attitudes toward human reproductive cloning focus on moral judgments alone, not emotional reactions or sentiments. This is especially important given that some (esp. Leon Kass) have argued against such cloning on the grounds that it engenders widespread negative emotions, like disgust, that provide a moral guide. Objective: To provide some data on emotional reactions to human cloning, with a focus on repugnance, given its prominence in the literature. Methods: This brief mixed-method (...) study measures the self-reported attitudes and emotions (positive or negative) toward cloning from a sample of participants in the United States. Results: Most participants condemned cloning as immoral and said it should be illegal. The most commonly reported positive sentiment was by far interest/curiosity. Negative emotions were much more varied, but anxiety was the most common. Only about a third of participants selected disgust or repugnance as something they felt and an even smaller portion had this emotion come to mind prior to seeing a list of options. Conclusions: Participants felt primarily interested and anxious about human reproductive cloning. They did not primarily feel disgust or repugnance. This provides initial empirical evidence that such a reaction is not appropriately widespread. (shrink)

Traditional studies have shown that the moral judgments are influenced by many biasing factors, like the consequences of a behavior, certain characteristics of the agent who commits the act, or the words chosen to describe the behavior. In the present study we investigated a new factor that could bias the evaluation of morally relevant human behavior: the perceived similarity between the participants and the agent described in the moral scenario. The participants read a story about a driver who illegally overtook (...) another car and hit a pedestrian who was crossing the street. The latter was taken to the hospital with a broken leg. The driver was described either as being similar to the participant (a student, 21 years old, the same gender as th­e participant) or dissimilar (a retired person, 69 years old, different gender as the participant). The results show that the participants from the increased similarity group expressed more lenient evaluations of the immorality of the driver’s behavior compared to the participants from the decreased similarity group. The results are discussed within a framework which puts emphasis on motivational and protective reasons. (shrink)

Michel Foucault argued that a key modality of state racism is biopower, through which the life of populations is differentially supported, shaped, and neglected. However, Foucault’s account of state racism is unfinished, because it fails to identify the modalities of power that persist when states withdraw life-supporting technologies from racialized populations, thereby committing “indirect murder.” This article develops Foucault’s account of racism and the racial state by describing the carceral technologies that expand with the withdrawal of biopower. To do so, (...) it draws on Foucault’s theorization of carcerality in Discipline and Punish. It argues that biopolitical withdrawal is doubled by a simultaneous carceral investment, such that the state’s denial of life-supporting technologies occurs in tandem with the racially structured policing of the poor. Additionally, this article explains how Foucault’s concept of the management of illegalisms identifies a key vehicle of racialization, and illuminates the utility of carceral systems to racial capitalism. (shrink)

Disputes over territory are among the most contentious in human affairs. Throughout the world, societies view control over land and resources as necessary to ensure their survival and to further their particular life-style, and the very passion with which claims over a region are asserted and defended suggests that difficult normative issues lurk nearby. Questions about rights to territory vary. It is one thing to ask who owns a particular parcel of land, another who has the right to reside within (...) its boundaries and yet another to determine which individuals or groups have political rights of citizenship, sovereignty, and self-determination within it. It must also be asked how these rights—if ‘rights’ is the correct term—are acquired. When attention turns to the territorial rights of communities, national groups or states, sovereignty is the principal concern. Within international law, de facto power over a territory, say, of occupying forces or trustees, is insufficient to possess or acquire sovereignty (Brownlie, 1990, p. 111). The central conceptions underlying modern democratic thought are that sovereignty over a politically demarcated territory is vested in the resident population, and that governmental authority is derived from the consent of that population. It is simple enough to identify the latter with the citizenry of a state, but demographic and political flux makes this a loose criterion. States come and go, and sometimes a territory is stateless. Also, large-scale demographic shifts during upheavals and peacetime immigrations change the assessments of who belongs where. Does everyone residing in a place at a particular time have a right to share in its governance then? What about illegal immigrants? Presumably, sovereignty rests with the established population or.. (shrink)

Rules are meant to apply equally to all within their jurisdiction. However, some rules are frequently broken without consequence for most. These rules are only occasionally enforced, often at the discretion of a third-party observer. We propose that these rules—whose violations are frequent, and enforcement is rare—constitute a unique subclass of explicitly codified rules, which we call ‘phantom rules’ (e.g., proscribing jaywalking). Their apparent punishability is ambiguous and particularly susceptible to third-party motives. Across six experiments, (N = 1440) we validated (...) the existence of phantom rules and found evidence for their motivated enforcement. First, people played a modified Dictator Game with a novel frequently broken and rarely enforced rule (i.e., a phantom rule). People enforced this rule more often when the “dictator” was selfish (vs. fair) even though the rule only proscribed fractional offers (not selfishness). Then we turned to third person judgments of the U.S. legal system. We found these violations are recognizable to participants as both illegal and commonplace (Experiment 2), differentiable from violations of prototypical laws (Experiments 3) and enforced in a motivated way (Experiments 4a and 4b). Phantom rule violations (but not prototypical legal violations) are seen as more justifiably punished when the rule violator has also violated a social norm (vs. rule violation alone)—unless the motivation to punish has been satiated (Experiment 5). Phantom rules are frequently broken, codified rules. Consequently, their apparent punishability is ambiguous, and their enforcement is particularly susceptible to third party motives. (shrink)

In 2019, several US states passed “heartbeat” bills. Should such bills go into effect, they would outlaw abortion once an embryonic heartbeat can be detected, thereby severely limiting an individual’s access to abortion. Many states allow health care professionals to refuse to provide an abortion for reasons of conscience. Yet heartbeat bills do not include a positive conscience clause that would allow health care professionals to provide an abortion for reasons of conscience. I argue that this asymmetry is unjustified. The (...) same criteria that justify protecting conscientious refusals to provide abortion also justify protecting positive conscientious appeals regarding abortion. Thus, if the law provides legal exemptions for health care professionals who, as a matter of conscience, refuse to provide abortions where it is legal, it should also provide exemptions for health care professionals who, as a matter of conscience, feel obligated to provide abortions where it is illegal. (shrink)

School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of nonideal theory for rectifying (...) injustice. Thus, boosting should be presumptively either made illegal or substantially reformed. Finally, Section 4 responds to potential objections. (shrink)

Many virtual communities that rely on user-generated content (such as social news sites, citizen journals, and encyclopedias in particular) offer unrestricted and immediate ‘write access’ to every contributor. It is argued that these communities do not just assume that the trust granted by that policy is well-placed; they have developed extensive mechanisms that underpin the trust involved (‘backgrounding’). These target contributors (stipulating legal terms of use and developing etiquette, both underscored by sanctions) as well as the contents contributed by them (...) (patrolling for illegal and/or vandalist content, variously performed by humans and bots; voting schemes). Backgrounding trust is argued to be important since it facilitates the avoidance of bureaucratic measures that may easily cause unrest among community members and chase them away. (shrink)

This essay explores the intersection of racism, racial embodiment theory and the recent hostility aimed at immigrants and foreigners in the United States, especially the targeting of people of Latin American descent and Latino/as. Anti-immigrant and anti-foreigner sentiment is racist. It is the embodiment of racial privilege for those who wield it and the materiality of racial difference for those it is used against. This manifestation of racial privilege and difference rests upon a redrawing of the color line that is (...) meant towards preserving exclusive categories of political membership. The charge of racism, however, is elided by the fact that this hostility takes the form of a specious embracement of law and lawfulness. “Illegal” in this sense not only captures the actions of those who enter the United States through clandestine or informal means, but, in light of the history of immigration and citizen- ship law, the term operates as a racial trope that designates non-white status, thus marginalizing and alienating certain immigrants from ongoing nation-formation processes. I explain the source for anti-immigrant hostility in the United States, which I take to be connected to the longevity of white normativity as the basis for American identity. I then critically assess how the idea of national belonging is crucial to the perpetuation of white-ways-of-being, especially when citizenship has historically been a venue for the embodiment of racial and even colonial privilege. I conclude by posing several questions about the nature of racial identities and racism that suggest new avenues for further research on racial embodiment in a “postracial” era. pp. 65–90. (shrink)

I argue for the conditions that eco-sabotage (sabotage involving the protection of animals or the environment) must meet to be a morally permissible form of activism in a liberal democracy. I illustrate my case with Jessica Reznicek and Ruby Montoya’s oil pipeline destruction, the Sea Shepherd Conservation Society’s whale hunt sabotage, and the Valve Turners’ pipeline shut-off, climate necessity-defense. My primary contention is that just as it is permissible to destroy an attacker’s weapon in self- or other-defense, it is permissible (...) to engage in some forms of eco-sabotage. Taking inspiration from just war theory, I use the conditions of just cause, reasonable chance of success, proportionality, necessity, and discrimination to both conceptualize eco-sabotage as defense and illustrate the justificatory burden the eco-saboteur must meet. Often eco-sabotage is doubly pro-tanto wrong because it is illegal and involves property destruction. Overcoming these hurdles is particularly difficult because in seemingly bypassing democratic means of dispute resolution, the eco-saboteur seemingly coerces the other members of society by forcing idiosyncratic views upon them. Non-anthropocentric eco-sabotage grounded in defense of animal rights has mixed results regarding the democratic objection just described. I argue that anthropocentric eco-sabotage, grounded in defense of human rights, has the best chance of overcoming this objection, provided a persuasive case can be made for its reasonable chance of success. Passing a reasonable chance of success also causes problems for non-anthropocentric eco-sabotage grounded in species defense, while non-anthropocentric eco-sabotage grounded in defense against animal suffering has a lighter justificatory burden. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

Seeking to preserve electronically encoded evidence implies that an incident or event has occurred requiring fact extrapolation for presentation, as proof of an irregularity or illegal act. Whether target data are in transit or at rest, it is critical that measures be in place to prevent the sought information from being destroyed, corrupted or becoming unavailable for forensic investigation.

Warfare is becoming increasingly automated, from automatic missile defense systems to micro-UAVs (WASPs) that can maneuver through urban environments with ease, and each advance brings with it ethical questions in need of resolving. Proponents of lethal autonomous weapons systems (LAWS) provide varied arguments in their favor; robots are capable of better identifying combatants and civilians, thus reducing "collateral damage"; robots need not protect themselves and so can incur more risks to protect innocents or gather more information before using deadly force; (...) robots can assess situations more quickly and do so without emotion, reducing the likelihood of fatal mistakes due to human error; and sending robots to war protects our own soldiers from harm. However, these arguments only point in favor of autonomous weapons systems, failing to demonstrate why such systems need be made *lethal*. In this paper I argue that if one grants all of the proponents' points in favor of LAWS, then, contrary to what might be expected, this leads to the conclusion that it would be both immoral and illegal to deploy *lethal* autonomous weapons, because the many features that speak in favor of them also undermine the need for them to be programmed to take lives. In particular, I argue that such systems, if lethal, would violate the moral and legal principle of necessity, which forbids the use of weapons that impose superfluous injury or unnecessary harm. I conclude by highlighting that the argument is not against autonomous weapons per se, but only against *lethal* autonomous weapons. (shrink)

Oscar Horta has argued that speciesism is wrong by definition. In his view, there can be no more substantive debate about the justification of speciesism than there can be about the legality of murder, for it stems from the definition of “speciesism” that speciesism is unjustified just as it stems from the definition of “murder” that murder is illegal. The present paper is a case against this conception. I distinguish two issues: one is descriptive and the other normative. Relying on (...) philosophers’ use of the term, I first answer the descriptive question negatively: speciesism is a purely descriptive concept. Then, based on both its main functions in the philosophical and public debates and an analogy with racism, I answer the normative question negatively: speciesism should remain a purely descriptive concept. If I am correct, then speciesism neither is nor should be wrong by definition. (shrink)

The technology known as artificial intelligence (AI) has become a game-changer, capable of completely altering a number of facets of civilization. But as AI grows more and more common, significant ethical questions arise that need to be answered. An overview of the main ethical issues surrounding artificial intelligence (AI) is given in this abstract, emphasizing the necessity of developing, implementing, and governing AI systems responsibly. First, fairness, accountability, and openness are the main ethical concerns surrounding AI. Inadvertent bias perpetuation in (...) training data by AI systems can result in unfair hiring, lending, and criminal justice outcomes. Careful design, objective data gathering, and ongoing monitoring to minimize and correct any potential biases are necessary to ensure fairness in AI systems. Second, two essential components of ethical AI are explainability and transparency. Understanding the reasoning behind the decisions made by some AI models is difficult due to their lack of interpretability, especially in high-stakes industries like healthcare and driverless cars. Establishing systems to offer defenses and explanations for AI results is crucial to fostering responsibility and confidence. Thirdly, data security and privacy are issues that AI brings up. AI systems frequently rely on enormous volumes of personal data, therefore their use needs to respect people's autonomy and adhere to privacy laws. To solve these ethical issues, it is essential to protect data from illegal access, obtain informed consent, and put strong security measures in place. Fourth, it's important to closely consider how AI will affect employment and socioeconomic inequality. AI has the potential to increase productivity and open up new opportunities, but it also has the potential to worsen already-existing inequality and cause job displacement. In order to mitigate the possible negative effects, ethical concerns call for developing inclusive economic policies, supporting retraining programs, and making sure that impacted workers have a fair transition. Furthermore, making ethical decisions is necessary when using AI in delicate fields like criminal justice, healthcare, and warfare. Artificial intelligence need to supplement human talents rather than supplant human discernment, and it ought to consistently take moral and ethical factors into account when making consequential decisions. Last but not least, a variety of stakeholders, including developers, legislators, and the general public, are accountable for ethical AI. Establishing ethical standards, codes of conduct, and regulatory frameworks that control the creation, use, and use of AI technology requires cooperation and interdisciplinary methods. (shrink)

Review of Ruben Andersson,Illegality, Inc. (Oakland, CA: University of California Press, 2014)and Amy Nethery and Stephanie J. Silverman(eds.), Immigration Detention: The Migration of a Policy and its Human Impact.(London and New York: Routledge, 2015).

Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...) is acting autonomously and irreducibly. Conventional wisdom holds that punishing AI is incongruous with basic criminal law principles such as the capacity for culpability and the requirement of a guilty mind. -/- Drawing on analogies to corporate and strict criminal liability, as well as familiar imputation principles, we show how a coherent theoretical case can be constructed for AI punishment. AI punishment could result in general deterrence and expressive benefits, and it need not run afoul of negative limitations such as punishing in excess of culpability. Ultimately, however, punishing AI is not justified, because it might entail significant costs and it would certainly require radical legal changes. Modest changes to existing criminal laws that target persons, together with potentially expanded civil liability, are a better solution to AI crime. (shrink)

In a recent study appearing in Neuroethics, I reported observing 11 significant correlations between the “Dark Triad” personality traits – Machiavellianism, Narcissism, and Psychopathy – and “conservative” judgments on a 17-item Moral Intuition Survey. Surprisingly, I observed no significant correlations between the Dark Triad and “liberal” judgments. In order to determine whether these results were an artifact of the particular issues I selected, I ran a follow-up study testing the Dark Triad against conservative and liberal judgments on 15 additional moral (...) issues. The new issues examined include illegal immigration, abortion, the teaching of “intelligent design” in public schools, the use of waterboarding and other “enhanced interrogation techniques” in the war on terrorism, laws defining marriage as the union of one man and one woman, and environmentalism. 1154 participants (680 male, 472 female; median age 29), recruited online through Amazon Mechanical Turk, completed three surveys: a 15-item Moral Intuition Survey (MIS), the 28-item Short Dark Triad personality inventory, and a five-item demographic survey. The results strongly reinforce my earlier findings. Twenty-two significant correlations were observed between “conservative” judgments and the Dark Triad (all of which were significant past a Bonferonni-corrected significance threshold of p = .0008), compared to seven significant correlations between Dark Triad and “liberal” judgments (only one of which was significant past p = .0008). This article concludes by developing a novel research proposal for determining whether the results of my two studies are “bad news” for conservatives or liberals. (shrink)

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement (...) efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal. (shrink)

Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...) of blackmail threats to disclose and disclosure itself involves a contradiction between our strong intuition that blackmail threats should be criminal and some equally strong arguments, all of which depend on the fact that disclosure is legal, that blackmail threats should be legal. So an adequate solution to the real Blackmail Paradox requires us either to drop the intuition or to refute the pro-legalization arguments. -/- This Article will adopt the latter approach. It will explain why the six main arguments for legalizing blackmail threats all fail. In the course of refuting one of these arguments, it will also offer a novel positive justification for criminalizing blackmail threats: they should be criminal for the same reason that menacing, harassment, and stalking are criminal--namely, because they involve the reasonable likelihood, and usually the intent, of putting the victim into a state of especially great fear and anxiety. -/- Of course, one might object that disclosure itself is likely to have the same effect, if not malicious purpose. Yet, again, it is still legal. But this point shows only that we as a society value freedom of speech more than we value freedom from infliction of emotional injury. It does not show that we do not value freedom from infliction of emotional injury sufficiently to protect it when competing moral or institutional interests such as freedom of speech are not at stake. (shrink)

I argue that rejection is a speech act that cannot be reduced to assertion. Adapting an argument by Huw Price, I conclude that rejection is best conceived of as the speech act that is used to register that some other speech act is (or would be) violating a rule of the conversation game. This can be naturally understood as registering *norm violations* where speech acts are characterised by their essential norms. However, I argue that rejection itself is not to be (...) characterised by a norm. Instead, registering violations is a necessary condition for understanding the normative framework in the first place. The core observation is that the concept of an 'illegal move' is intelligible, so a speech act can be (say) an assertion, despite violating the essential norm of asserting. Rejection has the function of pointing out that a move is illegal. But registering rule violations is a precondition of playing games with rules (it is part of the concept 'game'), not itself a rule in a game. A similar special role of rejection (that it is not explicable in the terms provided by a framework, but needed to conceptualise these terms) likely occurs in other frameworks as well, e.g. characterising speech acts by commitments or their effect on a common ground. (shrink)

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

Some sharing economy firms have adopted a strategy of “regulatory entrepreneurship,” openly violating regulations with the aim of rendering them dead letters. This article argues that in a democracy, regulatory entrepreneurship is a presumptively unethical business strategy. In all but the most corrupt political environments, businesses that seek to change their regulatory environment should do so through the democratic political process, and they should do so without using illegal business practices to build a political constituency. To show this, the article (...) defends a qualified moral obligation for businesspeople to obey the law even in societies that fall short of ideal democracy and that are rife with economic injustice. Owners and managers of successful businesses have strong moral reasons to obey laws concerning resource allocation. Such laws include not only property law, but also tax laws, environmental regulations, and other laws that regulate businesses in competitive markets. The moral reasons to obey such laws apply even to laws that business leaders think unfair or inefficient, provided that the laws in question have reasonable, good faith defenders. (shrink)

Foucault’s disciplinary society and his notion of panopticism are often invoked in discussions regarding electronic surveillance. Against this use of Foucault, I argue that contemporary trends in surveillance technology abstract human bodies from their territorial settings, separating them into a series of discrete flows through what Deleuze will term, the surveillant assemblage. The surveillant assemblage and its product, the socially sorted body, aim less at molding, punishing and controlling the body and more at triggering events of in- and ex-clusion from (...) life opportunities. The meaning of the body as monitored by latest generation vision technologies formed from machine only surveillance has been transformed. Such a body is no longer disciplinary in the Foucauldian sense. It is a virtual/flesh interface broken into discrete data flows whose comparison and breakage generate bodies as both legible and eligible (or illegible). (shrink)

Some feminists hold that surrogacy contracts should be unenforceable or illegal because they contribute to and perpetuate unjust gender inequalities. I argue that in developed countries, surrogacy contracts either wouldn't have these negative effects or that these effects could be mitigated via regulation. Furthermore, the existence of a regulated surrogacy market is preferable on consequentialist grounds.

In this text, I consider two examples in the history of emancipation and manumission of enslaved, Black populations in the Caribbean and South America in order to theorize a colonial mode of conceiving of freedom at play in the first half of the nineteenth century. This mode is marked by the figure of the promise, enacting a notion of freedom as a constantly deferred, external compensation. Indeed, instead of an immediate decision deeming the practice of enslavement and trade of human (...) beings unacceptable, and an effective liberation of the enslaved Black populations in these different emancipation proclamations, the various histories of manumission in Latin America and the Caribbean show a long series of political and legal attempts to reduce and limit the extent of the slave trade that deferred the process of liberation for decades. Moreover, in many of these territories the practice did not end with the official proclamation of emancipation but was continued by illegal practices and mutations into legal forms of exploitation and oppression that are still operative today. After outlining this first trajectory, reconstructing the promise of manumission in the historical examples of Martinique (as read by Édouard Glissant) and La Gran Colombia and the Republic of Nueva Granada (contemporary Panamá, Colombia, Venezuela, and Ecuador), I analyze a second mode of investigation in examples of individual and collective strategies of liberation coming from the enslaved themselves, as reconstructed by contemporary feminist scholars in South America. These strategies appropriate liberation not as a promise, but as a negotiation and calculation that begins with the enslaved’s resistance to their oppressive conditions and that ultimately depends on the external concession by juridical authorities. In the third section of the chapter, I read these practices not as marronage, as they are sometimes approached, but as a different mode of turning back to these glimpses of freedom that more effectively challenge the narrative of emancipation and, with it, the promise of manumission in our present. -/- . (shrink)

Nomophobia (no-mobile-phone phobia) is the fear and anxiety of being without a mobile phone. This study pioneers the investigation of nomophobia in Afghanistan using the Nomophobia Questionnaire (NMP-Q), addressing a crucial gap in the field. We collected statistical data from 754 undergraduate medical students, comprising men (56.50 %) and women (43.50 %), and analyzed the dimensions of nomophobia. While results revealed that all but two participants were nomophobic, they identified three significant dimensions affecting the level of nomophobia among participants: (a) (...) gender, (b) age, and (c) marital status. The study's contributions are precious, given the peculiarity of Afghan political turmoil, security, and human rights issues, especially for women. For example, the study's data collection was abruptly halted in December 2022 due to the Taliban regime's decision to make it illegal for women to enroll in universities as students. Therefore, while examining the characteristics of nomophobia across societies is imperative, it is also vital to investigate what is true of one society, Afghanistan, at one point in time and space. The study concludes by emphasizing the need to broaden participants' scope in future studies to better understand the prevalence of nomophobia across broader societal contexts and forces. (shrink)

When terminally ill patients have had enough suffering they often turn to euthanasia. The Assisted suicide is still unethical and illegal in most countries. As of now it is practiced in the Netherlands but still considered illegal. The few that still use euthanasia have to go through a certain legal route. Often patients have had enough and find it easier to take matter into their own hands or in this case let the doctors help in assisting with ending their life. (...) There are many different reasons why it is bad to euthanize patients and by writing this article I will explain a few of those reasons. My report will help understand why euthanasia is still illegal in most countries. Using euthanasia is unethical for physicians and goes against the oath they took to protect and do no harm to patients and no matter under what circumstances it is still illegal. Euthanasia is an unnatural way to end life. Using Euthanasia to end one patients life is still considered murder and unethical. (shrink)

Why It’s Difficult to Increase Job Creation to Balance Exponential Population Growth -/- One of the biggest challenges in economic development is ensuring that job creation keeps pace with the rapid growth of the population. If a country fails to provide enough employment opportunities, it leads to rising unemployment, poverty, and social instability. The problem is even more complex because economic growth is not always proportional to population growth. Several key factors—such as economic productivity, income inequality, technological advancements, education, and (...) labor migration—must be considered when addressing this issue. To create a sustainable balance, countries must focus on maintaining an ideal standard of living, fair income distribution, and a population growth rate that does not exceed economic expansion. -/- 1. The Importance of GDP per Capita in Job Creation -/- A country’s economic strength is often measured by its Gross Domestic Product (GDP) per capita, which reflects the average income per person. For a nation to provide enough well-paying jobs, it must have a high enough GDP per capita to support businesses, investments, and infrastructure development. Studies suggest that a GDP per capita of at least $15,000 to $25,000 is necessary for a stable middle-income economy where job opportunities are abundant. -/- However, many developing nations struggle to reach this level due to factors such as inefficient economic policies, corruption, or lack of industrial growth. If GDP per capita is too low, businesses may not generate enough revenue to expand, and workers may be forced into low-wage or informal jobs with little security. To ensure sufficient employment opportunities, governments must focus on improving productivity, supporting small and medium enterprises, and investing in industries that create large numbers of jobs. -/- 2. The Impact of Income Inequality on Job Availability -/- Even if a country has a high GDP, the way wealth is distributed among the population significantly affects job creation. A measure called the Gini coefficient helps determine how equally wealth is shared. If income is too concentrated in the hands of a few, economic growth will not translate into widespread job creation. -/- For a healthy economy, income inequality should be kept within a manageable range—typically a Gini coefficient of 0.25 to 0.35. If this number rises above 0.4, it indicates that a small portion of the population holds most of the wealth, while the majority struggle with low wages and unemployment. High inequality leads to reduced consumer spending, which negatively affects businesses and slows down job creation. To fix this, governments must implement policies that promote fair wages, progressive taxation, and better access to education and healthcare. -/- 3. The Balance Between Population Growth and Economic Growth -/- One of the most critical factors in job creation is the relationship between population growth and economic growth. If the population expands too quickly without a corresponding increase in job opportunities, unemployment will rise. A sustainable population growth rate should generally be below 1% per year, while economic growth should ideally be between 3% and 5% per year to generate enough jobs. -/- In many developing countries, high birth rates continue to add millions of people to the workforce every year, but the economy does not grow fast enough to accommodate them. This problem is worsened by factors such as automation, which replaces traditional jobs, and weak labor markets that fail to absorb new workers. To address this issue, governments must implement population policies, invest in education, and ensure that job market demands align with workforce skills. -/- 4. The Role of Labor Migration in Balancing Job Creation and Population Growth -/- One effective way to address job shortages and overpopulation is through labor migration. Many developed countries face declining birth rates and aging populations, which create labor shortages in critical industries such as healthcare, construction, and agriculture. At the same time, overpopulated developing nations struggle with high unemployment. A well-managed labor migration system can help balance both issues by matching surplus labor from developing countries with job shortages in developed economies. -/- How Labor Migration Helps Solve the Imbalance: -/- For overpopulated countries: Migration reduces unemployment, eases pressure on local job markets, and allows workers to send remittances back home, boosting their domestic economy. -/- For labor-shortage countries: Migrant workers fill essential jobs that local populations are unable or unwilling to do, preventing economic stagnation. -/- Challenges in Implementing Labor Migration: -/- Despite its benefits, labor migration is often restricted by strict immigration policies, cultural resistance, and concerns about local job competition. To maximize the benefits of migration, countries should: -/- Create bilateral agreements that ensure fair wages and worker protections. -/- Provide legal pathways for migrant workers to prevent exploitation and illegal migration. -/- Implement integration programs that help migrants contribute positively to their host economies. -/- By effectively managing labor migration, both sending and receiving countries can create a win-win situation that helps balance employment opportunities globally. -/- 5. The Role of Education and Skills Development -/- A well-educated workforce is essential for job creation. Many emerging industries—such as technology, renewable energy, and healthcare—require specialized skills that the general population may not have. Unfortunately, many education systems fail to prepare students for the jobs of the future, resulting in a mismatch between the skills available in the workforce and the jobs that need to be filled. -/- To solve this, countries must focus on improving education and vocational training programs. Investing in science, technology, engineering, and mathematics (STEM) education, as well as technical and trade schools, can help workers adapt to changing job market demands. Additionally, lifelong learning programs should be encouraged to help workers update their skills as industries evolve. -/- 6. How Technology and Globalization Affect Job Creation -/- Advancements in technology and globalization have created both opportunities and challenges for job creation. Automation, artificial intelligence, and robotics have increased productivity but have also eliminated many traditional jobs, particularly in manufacturing and retail. While technology generates new industries, these jobs often require advanced skills, leaving behind workers who are unable to adapt. -/- Similarly, globalization has allowed companies to move jobs to countries with cheaper labor costs, which can reduce employment opportunities in some regions. To counter this, countries must focus on attracting industries that balance automation with human labor, promoting entrepreneurship, and investing in sectors that cannot be easily outsourced, such as local services and infrastructure development. -/- 7. Policy Recommendations for Sustainable Job Creation -/- To ensure that job creation keeps up with population growth, governments and businesses must work together to implement sustainable economic policies. Some key recommendations include: -/- Economic Diversification: Countries should invest in multiple industries, including technology, agriculture, healthcare, and renewable energy, to create a variety of job opportunities. -/- Fair Income Distribution: Policies should be designed to reduce income inequality through progressive taxation, minimum wage laws, and social welfare programs. -/- Education and Workforce Training: Schools and universities should align their curricula with the needs of the job market, and vocational training should be expanded. -/- Population Management: Governments should promote responsible family planning and ensure that population growth does not outpace economic development. -/- Support for Small Businesses: Small and medium enterprises (SMEs) are a major source of employment and should receive incentives such as low-interest loans, tax breaks, and reduced bureaucratic barriers. -/- Managed Labor Migration: Countries should develop legal migration pathways that match labor demand and supply globally. -/- Conclusion -/- Balancing job creation with population growth is a complex challenge that requires a comprehensive and sustainable approach. Countries must ensure that GDP per capita remains high, income is distributed fairly, and population growth stays within manageable limits. By investing in education, economic diversification, labor migration, and social policies, governments can create a stable and prosperous society where job opportunities are available for all. If these factors are not properly managed, the gap between population growth and job availability will continue to widen, leading to economic and social instability. -/- . (shrink)