Results for 'legal standard in radiation protection'

977 found
Order:
  1. A Philosophical Inquiry into the Confusion over the radiation Exposure Problem.Masaki Ichinose - 2016 - Journal of Disaster Research 11 (sp).
    In this paper, I discuss from a philosophical viewpoint the so-called radiation problem that resulted from the Fukushima Daiichi Nuclear Power Station accident after the Great East Japan Earthquake in 2011. The starting point lies in the conceptual distinction between “damage due to radiation” and “damage caused by avoiding radiation.” We can recognize the direct “damage due to radiation” in Fukushima as not serious based on the empirical data so that I focus upon the problem of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  2. Informed Consent in Computed Tomography: A Case for Standardization.Casey Rentmeester - 2019 - Radiologic Technology 90 (3):300-306.
    Informed consent has become the most obvious instantiation of patient autonomy in contemporary medicine, though as a practice it does not encompass all spheres of medicine. While diagnostic radiological procedures carry some risk due to the use of radiation, there is no standardized practice of informed consent in the United States. The authors describe the ethical justification of informed consent, the legal background surrounding it, and a brief history of radiology and radiological protection. They ultimately argue that (...)
    Download  
     
    Export citation  
     
    Bookmark  
  3. Legal Time.William Conklin - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):281-322.
    This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  4. Equal protection and same-sex marriage.Kory Schaff - 2006 - Journal of Social Philosophy 35 (1):133–147.
    This paper examines constitutional issues concerning same-sex marriage. Although same-sex relations concern broader ethical issues as well, I set these aside to concentrate primarily on legal questions of privacy rights and equal protection. While sexual orientation is neither a suspect classification like race, nor a quasi classification like gender, there are strong reasons why it should trigger heightened scrutiny of legislation using sexuality as a standard of classification. In what follows, I argue that equal-protection doctrine is (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  5. Legal Standards of Proof: When and Why Merely Statistical Evidence Can Satisfy Them.Paul Silva - forthcoming - Erkenntnis.
    The relation of normic support offers a novel solution to the proof paradox: a paradox in evidence law arising from legal cases involving merely statistical evidence (Smith 2018). Central to the normic support solution has been the thesis that merely statistical evidence cannot confer normic support. However, it has been observed that there are exceptions to this: there exist cases where merely statistical evidence can give rise to normic support (Blome-Tillmann 2020). If correct, this fact seems to undermine the (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  6. The Reasonable and the Relevant: Legal Standards of Proof.Georgi Gardiner - 2019 - Philosophy and Public Affairs 47 (3):288-318.
    According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a (...)
    Download  
     
    Export citation  
     
    Bookmark   42 citations  
  7.  37
    The Responsibility of Freedom of Speech and the Role of Media in Propagating Correct Knowledge.Angelito Malicse - manuscript
    The Responsibility of Freedom of Speech and the Role of Media in Propagating Correct Knowledge -/- In modern societies, freedom of speech is often heralded as a fundamental right, allowing individuals to express their thoughts and opinions freely. However, the concept of absolute freedom of speech is not without its flaws. When viewed through the lens of natural laws, including the universal law of balance, the unchecked exercise of speech can lead to societal imbalances. It is essential to recognize that (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8. Tolerance, Mıgratıon And Hybrıd Identities: Normative Reasoning Of Intercultural Dialogue In A Blurring Structure.Armando Aliu, Ilyas Öztürk, Dorian Aliu & Ömer Özkan - 2016 - International Journal of Political Studies 2 (3):10-22.
    The aim of this study is to proof the argument – i.e. ‘there are significant linkages amongst tolerance, hybrid identities and migration.’ These linkages can be comprehended by means of conceptualising extensions of hybrid identities in aggregate trans/inter-migration processes. It can be put forward that arising hybrid identities are embedded in a blurring structure of thoughts, beliefs, states of affairs, facts, belongings and so forth. From multiculturalism and cosmopolitanism viewpoints, it is argued that tolerance and migration ought to be analysed (...)
    Download  
     
    Export citation  
     
    Bookmark  
  9. Wokół konstytucyjnej ochrony życia. Próba oceny propozycji nowelizacji Konstytucji RP [Constitutional Protection of Life: An Attempt to Assess the Proposal for Amendment of Poland’s Constitution].Marek Piechowiak - 2010 - Przegląd Sejmowy 18 (1 (96)):25-47.
    This article first of all attempts to assess the proposals of 2006–2007 to amend Poland’s Constitution, aimed mostly at strengthening constitutional protection of unborn human life. Parliamentary work on this proposal begins with the submission of the Deputy’s bill on amendment of the Constitution, published in the Sejm Paper No. 993 of September 5, 2006, and ends with a series of votes at the 39th sitting of the Sejm of the fifth term of office, held on April 13, 2007, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  10. Are publicly available (personal) data “up for grabs”? Three privacy arguments.Elisa Orrù - 2024 - In Paul De Hert, Hideyuki Matsumi, Dara Hallinan, Diana Dimitrova & Eleni Kosta (eds.), Data Protection and Privacy, Volume 16: Ideas That Drive Our Digital World. London: Hart. pp. 105-123.
    The re-use of publicly available (personal) data for originally unanticipated purposes has become common practice. Without such secondary uses, the development of many AI systems like large language models (LLMs) and ChatGPT would not even have been possible. This chapter addresses the ethical implications of such secondary processing, with a particular focus on data protection and privacy issues. Legal and ethical evaluations of secondary processing of publicly available personal data diverge considerably both among scholars and the general public. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  11. Parsing the Reasonable Person: The Case of Self-Defense.Andrew Ingram - 2012 - American Journal of Criminal Law 39 (3):101-120.
    Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a (...)
    Download  
     
    Export citation  
     
    Bookmark  
  12. Klauzula limitacyjna a nienaruszalność praw i godności [Limitation Clause and the Inviolability of Rights and Dignity].Marek Piechowiak - 2009 - Przegląd Sejmowy 17 (2 (91)):55-77.
    The author examines the arguments for applicability of the limitation clause which specifies the requirements for limitation of constitutional freedoms and rights (Article 31 para. 3 of the Constitution) to the right to protection of life (Article 38). Even if there is almost a general acceptance of such applicability, this approach does not hold up to criticism based on the rule existing in the Polish legal order that treaty commitments concerning human rights have supremacy over national statutory regulations. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  13. Those Fleeing States Destroyed by Climate Change Are Convention Refugees.Heather Alexander & Jonathan A. Simon - 2023 - Biblioteca Della Libertà 2023 (237):63-96.
    Multiple states are at risk of becoming uninhabitable due to climate change, forcing their populations to flee. While the 1951 Refugee Convention provides the gold standard of international protection, it is only applied to a limited subset of people fleeing their countries, those who suffer persecution, which most people fleeing climate change cannot establish. While many journalists and non-lawyers freely use the term “climate refugees,” governments, and courts, as well as UNHCR and many refugee experts, have excluded most (...)
    Download  
     
    Export citation  
     
    Bookmark  
  14. Informed Consent in Clinical Studies Involving Human Participants: Ethical Insights of Medical Researchers in Germany and Poland.Cristian Timmermann, Marcin Orzechowski, Oxana Kosenko, Katarzyna Woniak & Florian Steger - 2022 - Frontiers in Medicine 9:901059.
    Background: The internationalization of clinical studies requires a shared understanding of the fundamental ethical values guiding clinical studies. It is important that these values are not only embraced at the legal level but also adopted by clinicians themselves during clinical studies. Objective: Our goal is to provide an insight on how clinicians in Germany and Poland perceive and identify the different ethical issues regarding informed consent in clinical studies. Methods: To gain an understanding of how clinicians view clinical studies (...)
    Download  
     
    Export citation  
     
    Bookmark  
  15. Transnational Standards of Social Protection: Contrasting European and International Governance.Poul F. Kjaer & Christian Joerges (eds.) - 2008 - Oslo: ARENA.
    The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive global structures. This (...)
    Download  
     
    Export citation  
     
    Bookmark  
  16. Burden of Proof in the Autonomous Weapons Debate.Maciek Zając - 2024 - Ethics and Armed Forces 2024 (1):34-42.
    The debate on the ethical permissibility of autonomous weapon systems (AWS) is deadlocked. It could therefore benefit from a differentiated assignment of the burden of proof. This is because the discussion is not purely philosophical in nature, but has a legal and security policy component and aims to avoid the most harmful outcomes of an otherwise unchecked development. Opponents of a universal AWS ban must clearly demonstrate that AWS comply with the Law of Armed Conflict (LOAC). This requires extensive (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17. Presenters or Patients? A Crucial Distinction in Individual Health Assessments.G. Owen Schaefer - 2018 - Asian Bioethics Review 10 (1):67-73.
    Individual health assessments (IHAs) for asymptomatic individuals provide a challenge to traditional distinctions between patient care and non-medical practice. They may involve undue radiation exposure, lead to false positives, and involve high out-of-pocket costs for recipients. A recent paper (Journal of the American College of Radiology 13(12): 1447–1457.e1, 2016) has criticised the use of IHAs and argued that recipients should be classified as ‘presenters’, not ‘patients’, to distinguish it from regular medical care. I critique this classificatory move, on two (...)
    Download  
     
    Export citation  
     
    Bookmark  
  18. How to Save Face & the Fourth Amendment: Developing an Algorithmic Auditing and Accountability Industry for Facial Recognition Technology in Law Enforcement.Lin Patrick - 2023 - Albany Law Journal of Science and Technology 33 (2):189-235.
    For more than two decades, police in the United States have used facial recognition to surveil civilians. Local police departments deploy facial recognition technology to identify protestors’ faces while federal law enforcement agencies quietly amass driver’s license and social media photos to build databases containing billions of faces. Yet, despite the widespread use of facial recognition in law enforcement, there are neither federal laws governing the deployment of this technology nor regulations settings standards with respect to its development. To make (...)
    Download  
     
    Export citation  
     
    Bookmark  
  19. Bi-polar development: A theoretical discursive commentary on land titling and cultural destruction in Kenya.Alexander Sieber - 2019 - Cogent Social Sciences 5 (1):1674054.
    Development economist Hernando de Soto Polar has effectively advocated for property rights in the Third World, as his ideas have influenced the policies of the World Bank, International Monetary Fund and United Nations Development Programme. He envisions land titling as a means of lifting the poor out of poverty. I argue that his classical liberal interpretations of property and the good life are dangerously naive. One can see the dangers of de Soto’s imperialist and one-dimensional vision after considering the cultural (...)
    Download  
     
    Export citation  
     
    Bookmark  
  20. Legal Burdens of Proof and Statistical Evidence.Georgi Gardiner - 2018 - In David Coady & James Chase (eds.), Routledge Handbook of Applied Epistemology. New York: Routledge, Taylor & Francis Group.
    In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases (...)
    Download  
     
    Export citation  
     
    Bookmark   34 citations  
  21. Considerações legais e forenses do aborto infeccioso bovino na “Saúde Única”: Revisão (18th edition).Jackson Barros Do Amaral, Vinícius José Moreira Nogueira & Wendell da Luz Silva (eds.) - 2024 - Londrina: Pubvet.
    In Brazil, the social demand for veterinary expertise is growing. However, there is still a shortage of professionals trained in this area to apply specific knowledge to each case. Studies and research into forensic veterinary medicine are necessary for veterinary experts to assist in investigations and legal proceedings. Veterinary medicine has subjects on its curriculum that cover the knowledge needed to apply in the fields of animal health, public health and the environment. The interaction between human and veterinary medicine, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  22. “Beyond Standard Legal Positivism and ‘Aggressive’ Natural Law: Some Thoughts on Judge’ O’Scannlain’s ‘Third Way’”.Michael Baur - 2011 - Fordham Law Review 79 (4):1529-1539.
    With his contribution on "The Natural Law in the American Tradition," Judge Diarmuid O'Scannlain has begun the indispensable task of laying the groundwork for sound jurisprudential reasoning in the natural law tradition. It is on the basis of this groundwork that we can begin to appreciate what natural law reasoning might mean, and what it does not mean, for contemporary American legal thinking. More specifically, it is on the basis of this groundwork that one can begin to articulate what (...)
    Download  
     
    Export citation  
     
    Bookmark  
  23. Juvenile Self-Control and Legal Responsibility: Building a Scalar Standard.Katrina L. Sifferd, Tyler Fagan & William Hirstein - 2020 - In Alfred R. Mele (ed.), Surrounding Self-Control. Oxford University Press, Usa.
    US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working set of executive functions—a suite of mental processes, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  24. Political legitimacy in decisions about experiments in solar radiation management.David R. Morrow, Robert E. Kopp & Michael Oppenheimer - 2013 - In William C. G. Burns & Andrew Strauss (eds.), Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, and Governance Frameworks. Cambridge University Press.
    Some types of solar radiation management (SRM) research are ethically problematic because they expose persons, animals, and ecosystems to significant risks. In our earlier work, we argued for ethical norms for SRM research based on norms for biomedical research. Biomedical researchers may not conduct research on persons without their consent, but universal consent is impractical for SRM research. We argue that instead of requiring universal consent, ethical norms for SRM research require only political legitimacy in decision-making about global SRM (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  25. Asymmetries in prior conviction reasoning: Truth suppression effects in child protection contexts.Michelle B. Cowley-Cunningham - 2010 - Psychology, Crime and Law 3 (16):211-231.
    In three empirical studies we examined how people reason about prior convictions in child abuse cases. We tested whether the disclosure of similar prior convictions prompts a mental representation or an additive probative value (Criminal Justice Act, 2003). Asymmetrical use of similar priors were observed in three studies. A pilot study showed that disclosure of a second prior did not contribute a weight equivalent to that of the first disclosure. Study 1 showed jurors did not see left-handed evidence (i.e. matching (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26. Presumptions in Legal Argumentation.Fabrizio Macagno & Douglas Walton - 2012 - Ratio Juris 25 (3):271-300.
    In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that (...)
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  27. Privacy: scepticism, normative approaches and legal protection. A review of the theoretical debate and a discussion of recent developments in the EU.Elisa Orrù - 2022 - Dpce Online 52 (2):779–800.
    Digitalisation has lent the right to privacy increasing philosophical and legal relevance. However, privacy’s epistemic status and associated normative values are constantly subject to radical criticisms. This article investigates the validity, in theory and practice, of three radical critiques of privacy. A review of the philosophical and interdisciplinary discourse on privacy during the last half century is followed by analyses of recent legal developments within the EU. Privacy emerges as a highly differentiated and powerful tool to protect individuals (...)
    Download  
     
    Export citation  
     
    Bookmark  
  28.  18
    Ethical & Legal Concerns of Artificial Intelligence in the Healthcare Sector.G. B. Vindhya, N. Mahesh & R. Meghana - 2024 - International Journal of Innovative Research in Science, Engineering and Technology 13 (11):18687-18691.
    The Artificial Intelligence (AI) is being used in healthcare in Jordan, paying special attention to the ethical and legal issues it brings. Although AI can greatly benefit health services by enhancing diagnostics, patient care, and how things run smoothly, it also raises some worries about data privacy, transparency, and following the rules. To understand the situation in Jordan better, the study involved a discussion group with healthcare workers, legal professionals, and AI experts. The results indicate that while the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  29. Rules versus Standards: What Are the Costs of Epistemic Norms in Drug Regulation?David Teira & Mattia Andreoletti - 2019 - Science, Technology, and Human Values 44 (6):1093-1115.
    Over the last decade, philosophers of science have extensively criticized the epistemic superiority of randomized controlled trials for testing safety and effectiveness of new drugs, defending instead various forms of evidential pluralism. We argue that scientific methods in regulatory decision-making cannot be assessed in epistemic terms only: there are costs involved. Drawing on the legal distinction between rules and standards, we show that drug regulation based on evidential pluralism has much higher costs than our current RCT-based system. We analyze (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  30. Advance Research Directives in Germany: A Proposal for a Disclosure Standard.Matthé Scholten - 2018 - GeroPsych: The Journal of Gerontopsychology and Geriatric Psychiatry 31 (2):77-86.
    The fourth amendment to the German Medicinal Products Act (Arzneimittelgesetz) states that nontherapeutic research in incompetent populations is permissible under the condition that potential research participants expressly declare their wish to participate in scientific research in an advance research directive. This article explores the implementation of advance research directives in Germany against the background of the international legal and ethical framework for biomedical research. In particular, it addresses a practical problem that arises from the disclosure requirement for advance research (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  31. Determination of causal associations in occupational medicine and the medico-legal context: references and standards.Gustavo de Almeida - 2021 - Revista Brasileira de Medicina Do Trabalho 19 (2):231-239.
    Download  
     
    Export citation  
     
    Bookmark  
  32. Identification and Protection of Corporate Whistle-blowers: A Legal Perspective.Naheeda Ali & Kanwal Iqbal Khan - 2022 - Journal of Accounting and Finance in Emerging Economies 8 (1):123-134.
    Internal audit, management review, and account reconciliation are popular tools for combating corporate fraud, but whistle-blowing is the most prevalent. Whistle-blowers frequently fear reprisal from coworkers and bosses. That is why they require protection and support. Many international organizations have advocated that countries adopt regulatory frameworks for protecting whistle-blowers. Therefore, the current study investigates the notion of whistle-blowing to compare it to Public Interest Disclosure Act 2017 of Pakistan, which was enacted. It identifies the influence of legal and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  33. "What We Could Do Is..." - The Relation of Education to Legal Obligations to Protect Public Health and the Environment.Kirk W. Junker - 2011 - Umwelt Und Gesundheit Online (4):18-29.
    This article considers the role of law as an active force in educating citizens on norms of the society. The norms are created and enforced in the law in general, but of particular importance are those in environmental law. In environmental law the environment is not protected only for the sake of serving human beings. To learn this lesson, however, one must look at the specifics of the law and its application. Some laws purport to be concerned with the environment (...)
    Download  
     
    Export citation  
     
    Bookmark  
  34. A Right to Work and Fair Conditions of Employment.Kory Schaff - 2017 - In _Fair Work: Ethics, Social Policy, Globalization_. Rowman & Littlefield International. pp. 41-55.
    The present paper argues that a right to work, defined as social and legal guarantees to fair conditions of employment, should be an essential part of a democratic state with market arrangements. This argument proceeds along the following lines. First, I reconstruct an account of rights that defends the “correlativity” thesis of rights and duties. The basic idea is that a social member’s legitimate demand to something of value, such as gainful employment, implies duties on the part of others (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  35.  27
    The Future of Human Reproduction and Family Structure.Angelito Malicse - manuscript
    The Future of Human Reproduction and Family Structure -/- Introduction -/- The future of human reproduction and family structure is set to undergo profound transformations due to advancements in science, technology, and shifting societal values. Breakthroughs in artificial reproduction, gene editing, AI-assisted parenting, and new family models are poised to redefine what it means to conceive, raise children, and form families. As these changes unfold, they will challenge traditional concepts of marriage, parenthood, and biological reproduction. This essay explores the potential (...)
    Download  
     
    Export citation  
     
    Bookmark  
  36.  19
    Protective effects of curcumin on spleen parenchyma in rats treated with dexamethasone.Gloria Natalia Wafula - 2025 - Mediterranean Journal of Pharmacy and Pharmaceutical Sciences 5 (1):87-96.
    Prolonged use of corticosteroids like dexamethasone reduces immune cells through oxidative stress, leading to splenic parenchymal changes such as reduced size and relative volume densities of white pulp areas. Curcumin, an antioxidant found in turmeric, may protect against these effects. This study evaluated the spleen's parenchymal changes in male rats after dexamethasone and curcumin administration, emphasizing white and red pulp areas. Twenty-six male Wistar rats (aged two months) were studied. The control group received standard chow and water (n=6), while (...)
    Download  
     
    Export citation  
     
    Bookmark  
  37.  59
    Reasons of state as reasons in law: Understanding deep legal change with Hegel's theory of adjudication.Simon Gansinger - 2023 - Dissertation, University of Warwick
    Deep legal change occurs when, without legal justification, one legal rule is replaced by another. While often ignored in legal theory, these rule-breaking normative transformations are common and significant enough to warrant careful attention. In this thesis, I analyse the structure of deep legal change and discuss how a philosophically rigorous jurisprudence should approach a legal phenomenon that appears to be legally inexplicable. In particular, I focus on the implications of rule-breaking rule-changes for our (...)
    Download  
     
    Export citation  
     
    Bookmark  
  38. Radiation and Rational Deliberation.Martijn Boot - 2015 - Ars Vivendi Journal 7:3-18.
    There is uncertainty and disagreement about the question which preventive actions are rationally justified with regard to moderately elevated levels of nuclear radiation. This may have at least four causes: ignorance, insufficient information, inconclusiveness and indeterminability. After the nuclear disaster with the Fukushima nuclear power plant the advice, given by some authorities, to leave Tokyo was largely based on the former two factors: ignorance and insufficient information. By contrast, the uncertainty and disagreement amongst experts about the size of the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  39. Why a right to explanation of automated decision-making does not exist in the General Data Protection Regulation.Sandra Wachter, Brent Mittelstadt & Luciano Floridi - 2017 - International Data Privacy Law 1 (2):76-99.
    Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In contrast (...)
    Download  
     
    Export citation  
     
    Bookmark   64 citations  
  40. Democratic Vibes.Jonathan Gingerich - 2024 - William and Mary Bill of Rights Journal 32 (4):1135-1186.
    Who should decide who gets to say what on online social media platforms like Facebook, Twitter, and YouTube? American legal scholars have often thought that the private owners of these platforms should decide, in part because such an arrangement is thought to serve valuable free speech interests. This standard view has come under pressure with the enactment of statutes like Texas House Bill 20, which forbids certain platforms from “censoring” user content based on viewpoint. Such efforts to regulate (...)
    Download  
     
    Export citation  
     
    Bookmark  
  41. Safety and Protection Practices in the Early Childhood Education Centres.Ibiwari Caroline Dike & Mkpoikanke Sunday Otu - 2024 - International Journal of Home Economics, Hospitality and Allied Research 3 (1):294-305.
    A safe and secure environment is an essential part of the early childhood development of any child. This study aims to investigate the safety and protection practices of early childhood centers in the Anambra state, Nigeria, and to determine if any improvements can be made to them. This study analyzed data collected from 60 Early Childhood Care Centers (ECCE Centers) and 60 Pre-Primary Schools (Preprimary School) in Anambra State using the Evaluation of ECCE Implementation Kit (KEIEP), direct observation, and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  42. A Ghost Workers' Bill of Rights: How to Establish a Fair and Safe Gig Work Platform.Julian Friedland, David Balkin & Ramiro Montealegre - 2020 - California Management Review 62 (2).
    Many of us assume that all the free editing and sorting of online content we ordinarily rely on is carried out by AI algorithms — not human persons. Yet in fact, that is often not the case. This is because human workers remain cheaper, quicker, and more reliable than AI for performing myriad tasks where the right answer turns on ineffable contextual criteria too subtle for algorithms to yet decode. The output of this work is then used for machine learning (...)
    Download  
     
    Export citation  
     
    Bookmark  
  43. Ethics and the potential conflicts between astrobiology, planetary protection and commercial use of space.Erik Persson - 2017 - Challenges 8 (1).
    A high standard of planetary protection is important for astrobiology, though the risk for contamination can never be zero. It is therefore important to find a balance. If extraterrestrial life has a moral standing in its own right, it will also affect what we have to do to protect it. The questions of how far we need to go to protect extraterrestrial life will be even more acute and complicated when the time comes to use habitable worlds for (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  44. Common Knowledge, Pragmatic Enrichment and Thin Originalism.John Danaher - 2016 - Jurisprudence 7 (2):267-296.
    The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will ‘add in’ the content we intend to communicate. Does the same thing hold true in the case of legal utterances like ‘This constitution protects the personal rights of the citizen’ or ‘the parliament shall have the power to lay and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  45. (1 other version)Child Soldiers, Executive Functions, and Culpability.Tyler Fagan, William Hirstein & Katrina Sifferd - 2016 - International Criminal Law Review 16 (2):258-286.
    Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that (...)
    Download  
     
    Export citation  
     
    Bookmark  
  46. Legal and Institutional Frameworks Regulating Rural Land Governance in Ethiopia: Towards a Comparative Analysis on the Best Practices of Other African Countries.Temesgen Solomon Wabelo - manuscript
    This piece of writing has investigated the legal and institutional frameworks regulating rural land governance in Ethiopia by taking the comparative analysis of rural land governance of other African countries, namely Ghana, Kenya and Uganda. The best experience of these countries on the legal and institutional frameworks is examined so as to draw a lesson for the Ethiopian land governance system. The article has employed doctrinal legal research approach and rural land legislations of the country were investigated (...)
    Download  
     
    Export citation  
     
    Bookmark  
  47. Impossibility of Emergent Works’ Protection in U.S. and EU Copyright Law.Matt Blaszczyk - 2023 - North Carolina Journal of Law and Technology 25 (1):1-55.
    Protection of emergent works is impossible. Without an author, there is no expression of ideas which can be original, and thus no copyrightable work. Indeed, the whole system of copyright law, its conceptual building blocks of idea-expression dichotomy, originality, authorship, and the concept of a protectable work operate in the notation of human creativity. Emergent works fall outside of copyright’s positive ontology, being akin to ideas, facts, or subject-matter predicated by technical considerations, rather than authorial creativity. In other words, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  48. Służebność państwa wobec człowieka i jego praw jako naczelna idea Konstytucji RP z 2 kwietnia 1997 roku – osiągnięcie czy zadanie? [Subordination of the State to the Individual and to Human Rights as a Central Idea of Poland’s Constitution of 2 April 1997: A Goal or an Achievement?].Marek Piechowiak - 2007 - Przegląd Sejmowy 15 (4 (81)):65-91.
    The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human rights is (...)
    Download  
     
    Export citation  
     
    Bookmark  
  49. Comparative legal cultures: on traditions classified, their rapprochement & transfer, and the anarchy of hyper-rationalism with appendix on legal ethnography.Csaba Varga - 2012 - Budapest: Szent István Társulat.
    Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  50. The "No Interest" Argument Against the Rights of Nature.Neil W. Williams - forthcoming - Philosophers' Imprint.
    Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. Therefore, (...)
    Download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 977