After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market mechanism of appropriation can be (...) understood. On the normative side, neoclassical theory represents marginal productivity theory as showing that (a metaphorical version of) the imputation principle is satisfied ('people get what they produce') in competitive enterprises. Since that shows the moral commitment of neoclassical economics to the imputation principle, the labour theory of property is presented here as the actual non-metaphorical application of the imputation principle to property appropriation. The property-theoretic analysis at the firm level shows how the neoclassical (and much heterodox) analysis in terms of 'distributive shares' wholly misframed the basic questions. Finally, the paper shows how the imputation principle (modernised labour theory of property) is systematically violated in the present wage labour system of renting persons. The paper can be seen as taking up the recent challenge posed by Donald Katzner for a dialogue between neoclassical and heterodox microeconomics. (shrink)

In August of 2000, Firestone executives initiated the second largest tire recall in U.S. history. Many of the recalled tires had been installed as original factory equipment on the popular Ford Explorer SUVs. At the time of the recall, the tires and vehicles had been linked to numerous accidents and deaths, most of which occurred when tire blowouts resulted in vehicle rollovers. While Firestones role in this case has been widely acknowledged, Ford executives have managed to deflect much of the (...) attention away from themselves, mainly by claiming that the Firestone tires were not its product, and therefore not its responsibility. In this paper, we examine the extent to which Ford can be held morally responsible for the incidents at issue. In so doing, we develop an approach for determining when an item is a product in its own right, as opposed to a component of another product. We argue that such an analysis not only provides a better understanding of this case, but also more properly accounts for the extent to which evolutions in technology and business relationships can affect issues of moral responsibility in business contexts. (shrink)

Corporate social responsibility (CSR) has become a focal point for research aimed at extending business ethics to extra-corporate issues; and as a result many companies now seek to at least appear dedicated to one or another version of CSR. This has not affected the arms industry, however. For, this industry has not been discussed in CSR literature, perhaps because few CSR scholars have questioned this industry's privileged status as an instrument of national sovereignty. But major changes in the organization of (...) political communities call traditional views of sovereignty into question. With these considerations in mind I assess the U.S. arms industry on the basis of CSR requirements regarding the environment, social equity, profitability, and use of political power. I find that this industry fails to meet any of these four CSR requirements. Countering a claim that these failings should not be held against arms manufacturers because their products are crucial to national defense, I contend that many of these companies function not as dutiful agents of a nation-state but as politically powerful entities in their own right. So, I conclude, they should be held responsible for the foreseeable consequences that flow from use of their products. This responsibility should include civil liability and, in cases involving war crimes and violations of human rights, responsibility under international human rights standards. (shrink)

According to common-sense morality, agents can become morally connected to the wrongdoing of others, such that they incur special obligations to prevent or rectify the wrongs committed by the primary wrongdoer. We argue that, under certain conditions, voluntary and unjustified observation of another agent’s degrading wrongdoing, or of the ‘product’ of their wrongdoing, can render an agent morally liable to bear costs for the sake of the victim of the primary wrong. We develop our account with particular reference to widespread (...) modern phenomena such as so-called ‘revenge porn’, ‘up-skirting’, and the online observation of sexual assault and murder. On our account, observation is not a sui generis basis of liability. Instead, observation grounds liability in virtue of manifesting three, more general, grounds of liability. First, observation can compound a primary wrong, making that wrong more harmful for the victim. Second, observation can constitute degrading treatment of the victim. Third, in certain cases observation can enable primary wrongdoing. We conclude by discussing the conditions under which observing degrading wrongs might be morally justified. (shrink)

Many approaches to addressing labour injustices—shortfalls from minimally decent wages and working conditions— focus on how governments should orient themselves toward other states in which such phenomena take place, or to the firms that are involved with such practices. But of course the question of how to regard such labour practices must also be faced by individuals, and individual consumers of the goods that are produced through these practices in particular. Consumers have become increasingly aware of their connections to complex (...) global production processes that often involve such injustice. For example, activist campaigns have exposed wrongful harm in factories producing clothes, shoes and mobile phones and farms producing coffee, tea and cocoa. These campaigns have promoted the message to ordinary people that by becoming connected to unjust labour practices through their purchasing behaviour, they acquire special additional moral responsibilities to contribute to reforming such practices, or to address the hardships suffered by the victims of the wrongdoing that result from them. The moral significance of the responsibilities of individual consumers has not, however, received much analytical scrutiny. Why should we believe that there are such responsibilities? And if there are such responsibilities, what are their grounds? How stringent are the responsibilities triggered by such connections? Finally, what are the implications of such responsibilities—the courses of action that they prescribe or proscribe? The activists who assert special ethical responsibilities for consumers have promoted many particular courses of action, but have seldom articulated the grounds of these responsibilities or explained why they should be taken to be stringent. And moral and political theorists have not devoted much focussed attention to this issue. For the consumer who is concerned to act in a morally permissible way, this presents a troubling practical challenge regarding the goods they may (or may not) purchase, and the moral relevance of their consumption choices more generally. While we cannot address all of these pressing questions in this chapter, we try to make some headway with them by discussing two general approaches to the question of how individuals should conceive of their responsibilities with respect to such practices, taking as our starting point the recent work of the late Iris Marion Young—the most sustained treatment of this topic by a prominent political theorist. In a series of influential articles and a posthumously published book, Young articulated an approach to conceiving of individual responsibilities to address labour injustices—the social connection model—at home and abroad. She also argued that an alternative model—the liability model—which she claimed had dominated discourse on this topic, suffered from very serious flaws. In a critical vein, we will argue that Young’s arguments against the liability model are not convincing, and that the alternative she proposes is itself vulnerable to some damaging objections. We also find, however, that the liability model would need to be extended in various ways to provide an adequate account of individual responsibility to address shortfalls from minimally decent wages and working conditions, and we begin the task of sketching an extended framework. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

Currently, under the conditions of permanent financial risks that hamper the sustainable economic growth in the financial sector, the development of evaluation and risk management methods both regulated by Basel II and III and others seem to be of special importance. The reputation risk is one of significant risks affecting reliability and credibility of commercial banks. The importance of reputation risk management and the quality of their assessment remain relevant as the probability of decrease in or loss of business reputation (...) influences the financial results and the degree of customers’, partners’ and stakeholders’ confidence. By means of imitating modeling based on Bayesian Networks and the fuzzy data analysis, the article characterizes the mechanism of reputation risk assessment and possible losses evaluation in banks by plotting normal and lognormal distribution functions. Monte-Carlo simulation is used to calculate the probability of losses caused by reputation risks. The degree of standardized histogram similarity is determined on the basis of the fuzzy data analysis applying Hamming distance method. The tree-like hierarchy based on the OWA-operator is used to aggregate the data with Fishburne's coefficients as the convolution scales. The mechanism takes into account the impact of criteria, such as return on equity, goodwill value, the risk assets ratio, the share of the productive assets in net assets, the efficiency ratio of interest bearing liabilities, the risk ratio of credit operations, the funding ratio and reliability index on the business reputation of the bank. The suggested methods and recommendations might be applied to develop the decision-making mechanism targeted at the implementation of reputation risk management system in commercial banks as well as to optimize risk management technologies. (shrink)

The paper is devoted to the study of determinants determined the level of financial security of economic systems. It is shown that the financial security of an economic system implies the achievement of a level of financial stability that will contribute to simultaneously maintaining financial equilibrium and ensuring targeted growth in line with the development strategy. The level of financial security of rail transport in Ukraine was analyzed and it was determined that the decline in its security was the result (...) of a complex interaction of external and internal factors, the main of which were tight government regulation, shifting the financial burden of social responsibilities to Ukrzaliznytsya, PJSC, lack of competition in the transportation of the main nomenclature of cargo and the unsatisfactory state of non-current assets. Based on the Argenti’s method, it is shown that the consequence of the inefficient financial management of Ukrzaliznytsia, PJSC are the reduction of its insolvency. Three main determinants of the financial security of rail enterprises were identified: a reduction in traffic volumes, an unstable capital structure and the impossibility of timely repayment of current liabilities. An additive model for assessing the impact of selected determinants on the level of financial security of Ukrzaliznytsia, PJSC is proposed. The analysis of the model parameters showed that the greatest impact has the index of industrial production, which is due to the predominant formation of its own financial resources of rail transport due to income from freight traffic. A complex of measures designed to improve the financial condition of rail enterprises was proposed. It is substantiated that in order to equalize existing threats, it is necessary to take political decisions aimed at improving the financial condition of Ukrzaliznytsia, PJSC by reducing the intensity of leaching of its financial resources, as well as implementing an anti-crisis financial strategy aimed at optimizing the capital structure and financial rehabilitation of rail enterprises. (shrink)

In the real world there are people who enter the homes and steal everything they find valuable. In the virtual world there are individuals who penetrate computer systems and "steal" all your valuable data. Just as in the real world, there are uninvited guests and people feel happy when they steal or destroy someone else's property, the computer world could not be deprived of this unfortunate phenomenon. It is truly detestable the perfidy of these attacks. For if it can be (...) observed immediately the apparent lack of box jewelry, penetration of an accounting server can be detected after a few months when all clients have given up the company services because of the stolen data came to competition and have helped it to make best deals. Cybercrime is a phenomenon of our time, often reflected in the media. Forensic investigation of computer systems has a number of features that differentiate it fundamentally from other types of investigations. The computer itself is the main source of information for the investigator. CONTENTS: Computing systems and storage media - Computing devices - - Peripheral devices - - External drives for media storage - Typology of data stored on specific supports – File systems - - Program that allows working with ” inactive” space - Information that can be obtained from the computing system environment Computer networks - Copper wire in computer networks - Optical fibers - Wireless LAN - Internet and Intranet Software and services - Client/server architecture - Protocols and Standards - Internet Services - - e-Mail - - - Spam - - HTTP - - Web address - URL - - Web browsers - - - Browser cookies - - Working with web pages - - - Choosing your favorite web pages - - - Keeping track of visited web pages - - - Saving web pages - - Proxy servers - - Privacy on the Internet - FTP - Instant Messaging - Peer-to-peer networks Vulnerabilities - The first attacks on the Internet - Cybercrime - - Typologies of cyber attackers - - - Classification of cyber attackers according to their skills and objectives - Classification of risks and incidents in cyberworld - - Classification as a list of terms - - List of categories - - Categories of results - - Empirical lists - Events, attacks and incidents - Online security events, actions, and targets - - Actions - - Targets - Attacks - - Tools - - Vulnerabilities - - Unauthorized results Cybercrime laws - The concept of "cybercrime" Investigations - Computer forensic investigations - Digital evidence - Digital sampling during investigations - The suspect - Witnesses in cybercrime - Transporting of samples in laboratory - Analysis of samples - Preparing team members - Computer tools Convention on Cybercrime - Preamble - Chapter I – Use of terms - Chapter II – Measures to be taken at the national level - - Section 1 – Substantive criminal law - - - Title 1 – Offences against the confidentiality, integrity and availability of computer data and systems - - - Title 2 – Computer-related offences - - - Title 3 – Content-related offences - - - Title 4 – Offences related to infringements of copyright and related rights - - - Title 5 – Ancillary liability and sanctions - - Section 2 – Procedural law - - - Title 1 – Common provisions - - - Title 2 – Expedited preservation of stored computer data - - - Title 3 – Production order - - - Title 4 – Search and seizure of stored computer data - - - Title 5 – Real-time collection of computer data - - Section 3 – Jurisdiction - Chapter III – International co-operation - - Section 1 – General principles - - - Title 1 – General principles relating to international co-operation - - - Title 2 – Principles relating to extradition - - - Title 3 – General principles relating to mutual assistance - - - Title 4 – Procedures pertaining to mutual assistance requests in the absence of applicable international agreements - - Section 2 – Specific provisions - - - Title 1 – Mutual assistance regarding provisional measures - - - Title 2 – Mutual assistance regarding investigative powers - - - Title 3 – 24/7 Network - Chapter IV – Final provisions Recommendation No. R (95) 13 - Appendix to Recommendation No. R (95) 13 - - I. Search and seizure - - II. Technical surveillance - - III. Obligations to co-operate with the investigating authorities - - IV. Electronic evidence - - V. Use of encryption - - VI. Research, statistics and training - - VII. International co-operation Rules for obtaining digital evidence by police officers Standards in the field of digital forensics Principles in digital evidence Procedures model for the forensic examination - Hard disk examination Code of Ethics Sources and references About - Nicolae Sfetcu - - By the same author - - Contact Publishing House - MultiMedia Publishing . (shrink)

Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpreta- tions of their utterance involve a commitment to it. Legal (...) liability for speech in the service of criminal behavior displays a similar profile of significant protection from indirection along with potential liability for reasonable interpretations. Specifically, in both ordinary and legal contexts, liability depends on how a reasonable speaker would expect a reasonable hearer to interpret their utterance in the context of utter- ance, rather than on the actual speaker’s claimed communicative intentions. (shrink)

Jeff McMahan has argued against the moral equivalence of combatants (MEC) by developing a liability-based account of killing in warfare. On this account, a combatant is morally liable to be killed only if doing so is an effective means of reducing or eliminating an unjust threat to which that combatant is contributing. Since combatants fighting for a just cause generally do not contribute to unjust threats, they are not morally liable to be killed; thus MEC is mistaken. The problem, (...) however, is that many unjust combatants contribute very little to the war in which they participate—often no more than the typical civilian. Thus either the typical civilian is morally liable to be killed, or many unjust combatants are not morally liable to be killed. That is, the liability based account seems to force us to choose between a version of pacifism, and total war. Seth Lazar has called this “The Responsibility Dilemma”. But I will argue that we can salvage a liability-based account of war—one which rejects MEC—by grounding the moral liability of unjust combatants not only in their individual contributions but also in their complicit participation in that war. On this view, all enlistees, regardless of the degree to which they contribute to an unjust war, are complicitously liable to be killed if it is necessary to avert an unjust threat posed by their side. This collectivized liability based account I develop avoids the Responsibility Dilemma unlike individualized liability-based accounts of the sort developed by McMahan. (shrink)

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)

The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity to (...) address the basic reasons generating criminal liability. This reframes the normative issues at stake, and has the result that various, perhaps quite heterogeneous, considerations can substantiate penal authority. It also eliminates the existence of a special relation as a necessary condition for legitimate criminal accountability. The argument proceeds by offering an analysis and account of universal jurisdiction. Not only does the alternative elegantly perform where the received view struggles, it can accommodate much of what motivates the pursuit of relational ties in existing efforts to vindicate jurisdictional conclusions. (shrink)

McMahan argues that justification defeats liability to defensive attack (which would undermine the thesis of the "moral equality of combatants"). In response, I argue, first, that McMahan’s attempt to burden the contrary claim with counter-intuitive implications fails; second, that McMahan’s own position implies that the innocent civilians do not have a right of self-defense against justified attackers, which neither coheres with his description of the case (the justified bombers infringe the rights of the civilians) nor with his views about (...) rights forfeiture, is unsupported by independent argument, and, in any case, extremely implausible and counter-intuitive; and third, that his interpretation of the insulin case confuses the normative relations between an agent’s justification and non-liability on the one hand and permissible or impermissible interference with the agent’s act on the other. Similar confusions, fourth, affect his discussion of liability to compensation. (shrink)

A minimally responsible threatener is someone who bears some responsibility for imposing an objectively wrongful threat, but whose responsibility does not rise to the level of culpability. Minimally responsible threateners include those who knowingly commit a wrongful harm under duress, those who are epistemically justified but mistaken in their belief that a morally risky activity will not cause a wrongful harm, and those who commit a harm while suffering from a cognitive impairment which makes it prohibitively difficult to recognize and (...) act on what is morally required of them. The chapter argues that minimally responsible threateners can indeed be morally liable for the harms they impose. Put differently, culpability is not a necessary basis for liability. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

Those of us who are not pacifists face an obvious challenge. Common-sense morality contains a stringent constraint on intentional killing, yet war involves homicide on a grand scale. If wars are to be morally justified, it needs be shown how this conflict can be reconciled. A major fault line running throughout the contemporary just war literature divides two approaches to attempting this reconciliation. On a ‘reductivist’ view, defended most prominently by Jeff McMahan, the conflict is largely illusory, since such killing (...) can be justified by aggregating individuals’ ordinary permissions to use force in self- and other-defence. In opposition, a rival ‘nonreductivist’ approach holds that these considerations are insufficient for the task. One prominent version of non-reductivism grounds the permission to kill in combatants’ membership in certain kinds of group or association. The key claim is that participation in certain morally important relationships can provide an independent source of permission for killing in war. This paper argues that non-reductivism should be rejected. It does so by pushing a dilemma onto non-reductivists: if they are successful in showing that the relevant relationships can generate permissions to kill in war, they must also jettison the most intuitive restrictions on conduct in war—the constraint on intentionally killing morally innocent non-combatants most saliently. Since this conclusion is unacceptable, non-reductivism should be rejected. (shrink)

There has been much discussion of so-called teleosemantic approaches to the naturalization of content. Such discussion, though, has been largely confined to simple, innate mental states with contents such as ?There is a fly here.? Even assuming we can solve the issues that crop up at this stage, an account of the content of human mental states will not get too far without an account of productivity: the ability to entertain indefinitely many thoughts. The best-known teleosemantic theory, Millikan's biosemantics, offers (...) an account of productivity in thought. This paper raises a basic worry about this account: that the use of mapping functions in the theory is unacceptable from a naturalistic point of view. (shrink)

David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral (...) basis of liability for negligence and for reasoning about possible reforms of the institution of negligence law. (shrink)

The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. It (...) examines the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

Henri Lefebvre has considerable claims to be the greatest living philosopher. His work spans some sixty years and includes original work on a diverse range of subjects, from dialectical materialism to architecture, urbanism and the experience of everyday life. The Production of Space is his major philosophical work and its translation has been long awaited by scholars in many different fields. The book is a search for a reconciliation between mental space and real space. In the course of his exploration, (...) Henri Lefebvre moves from metaphysical and ideological considerations of the meaning of space to its experience in the everyday life of home and city. He seeks, in other words, to bridge the gap between the realms of theory and practice, between the mental and the social, and between philosophy and reality. In doing so, he ranges through art, literature, architecture and economics, and further provides a powerful antidote to the sterile and obfuscatory methods and theories characteristic of much recent continental philosophy. This is a work of great vision and incisiveness. It is also characterized by its author's wit and by anecdote, as well as by a deftness of style which Donald Nicholson-Smith's sensitive translation precisely captures. (shrink)

An influential view in the ethics of self-defence is that causal responsibility for an unjust threat is a necessary requirement for liability to defensive harm. In this article, I argue against this view by providing intuitive counterexamples and by revealing weaknesses in the arguments offered in its favour. In response, adherents of the causal view have advanced the idea that although causally inefficacious agents are not liable to defensive harm, the fact that they may deserve harm can justify harming (...) them in the course of defending oneself. I argue that this strategy is ad hoc and leads to more problems than it solves. Once we allow normative facts outside our account of liability to affect a person's moral protection against harm, the lieability verdicts cannot tell us whether there is a relevant moral asymmetry between the victim and the target of defence. In conclusion, the causal view is wrong and causal responsibility for an unjust threat is not a necessary requirement for liability to defensive harm. (shrink)

This paper considers whether victims can justify what appears to be unnecessary defensive harming by reference to an honour-based justification. I argue that such an account faces serious problems: the honour-based justification cannot permit, first, defensive harming, and second, substantial unnecessary harming. Finally, I suggest that, if the purpose of the honour based justification is expressive, an argument must be given to demonstrate why harming threateners, as opposed to opting for a non-harmful alternative, is the most effective means of affirming (...) one’s honour. Along the way, I also suggest why I think that internalism about the constraints on defensive harming (the view that the satisfaction of the necessity constraint is a necessity condition of a threatener’s liability) is correct. Most importantly, externalism implies that threateners can be liable to suffer gratuitous harm. I take this to be an unattractive consequence of the view. (shrink)

One of the most intuitive views about the metaphysics of laws of nature is Tim Maudlin's idea of a Fundamental Law of Temporal Evolution. So-called FLOTEs are primitive elements of the universe that produce later states from earlier states. While FLOTEs are at home in traditional Newtonian and non-relativistic quantum mechanical theories (not to mention our pre-theoretic conception of the world), I consider here whether they can be made to work with relativity. In particular, shifting to relativistic spacetimes poses two (...) threats to FLOTEs. First, the lack of a privileged spacelike hypersurface in relativistic spacetime makes it unclear how to understand what produces what. A survey of several conceptions of the nomic production relation compatible with relativity reveals all of them to be lacking. Second, relativity motivates a four-dimensional block universe conception of time, according to which all events that will ever occur already exist. On such a view, it's unclear what work there is to be done by FLOTEs. I consider how a proponent of FLOTEs might respond, but conclude that these combined threats seriously undermine the prospects of a productive conception of laws. In short, if spacetime is relativistic, laws are not productive. (shrink)

In her inventive and tightly argued book Defensive Killing, Helen Frowe defends the view that bystanders—those who do not pose threats to others—cannot be liable to being harmed in self-defence or in defence of others. On her account, harming bystanders always infringes their rights against being harmed, since they have not acted in any way to forfeit them. According to Frowe, harming bystanders can be justified only when it constitutes a lesser evil. In this brief essay, I make the case (...) that some bystanders can indeed be liable to harm. They can be liable, I will argue, because they can be morally responsible for threats of harm, and in becoming responsible they can forfeit their rights. While bystanders cannot be responsible for initiating threats, they can become responsible for the persistence of threats, and for culpably failing to prevent them from being initiated in the first place. (shrink)

Joanna Mary Firth and Jonathan Quong argue that both an instrumental account of liability to defensive harm, according to which an aggressor can only be liable to defensive harms that are necessary to avert the threat he poses, and a purely noninstrumental account which completely jettisons the necessity condition, lead to very counterintuitive implications. To remedy this situation, they offer a “pluralist” account and base it on a distinction between “agency rights” and a “humanitarian right.” I argue, first, that (...) this distinction is spurious; second, that the conclusions they draw from this distinction do not cohere with its premises; third, that even if one granted the distinction, Firth’s and Quong’s implicit premise that you can forfeit your agency rights but not your “humanitarian right” is unwarranted; fourth, that their attempt to mitigate the counterintuitive implications of their own account in the Rape case relies on mistaken ad-hoc assumptions; fifth, that even if they were successful in somewhat mitigating said counterintuitive implications, they would still not be able to entirely avoid them; and sixth, that even in the unlikely case that none of these previous five critical points are correct, Firth and Quong still fail to establish that aggressors can be liable to unnecessary defensive harm since they fail to establish that unnecessary harm can ever be defensive in the first place. (shrink)

This paper outlines a semantic account of attitude reports and deontic modals based on cognitive and illocutionary products, mental states, and modal products, as opposed to the notion of an abstract proposition or a cognitive act.

While theories of animal rights maintain that nonhuman animals possess prima facie rights, such as the right to life, the dominant philosophies of animal rights permit the killing of nonhuman animals for reasons of self-defense. I argue that the animal rights discourse on defensive killing is problematic because it seems to entail that any nonhuman animal who poses a threat to human beings can be justifiably harmed without question. To avoid this human-privileged conclusion, I argue that the animal rights position (...) needs to both (1) deploy a new criterion of liability to defensive harm, and (2) seriously consider whether human beings themselves are liable to defensive harm in human-animal conflicts. By shifting the focus to whether humans are liable to defensive harm, we will find that in many situations of human-animal conflict, human beings are actually the ones liable to be harmed because they are often culpable or, to some degree, morally responsible for posing an unjust threat to nonhuman animals. (shrink)

In this paper, I analyze the semantics of the first person pronoun “I” from the perspective of the user/producer distinction. In the first part of the paper, I describe the Simple View and propose three interpretations of its thesis. In the second part, I analyze the notions of use and production of a linguistic token. In the next part, I show that all of the interpretations of SV are sensitive to counterexamples. In the end, I discuss possible answers of the (...) proponents of SV and argue against them. The first aim of this paper is to show that SV is wrong, and the second is to convince the reader that the user/producer distinction is of high importance in the philosophy of language. (shrink)

in the present work we analyze the new concepts and theories related to the activity of Design Management, which focus on the experiences of people and the particular characteristics of each one of them. Specifically, from an Industrial Design perspective, the scope and relationships between these conceptual definitions —now made visible— that always belonged to the field of design of the discipline will be studied, trying to identify how they influence innovation and product development. Finally, it will conclude about its (...) strategic relevance for public and private organizations, and the incorporation to the set of professional activitie. (shrink)

I argue that mass produced artifacts are ontologically distinctive. If we think of the making of an artifact as the imposition of a creative intention on to some matter, usually through intentional manipulation of the matter, then in the case of mass production, one could say that there is not enough mind to go around! Batches of mass produced objects will have a distinctive essence, lying in the creative act by which they are made, but within a batch, the objects (...) will be distinct from each other, but not essentially distinct. (shrink)

There is widely thought to be a proportionality constraint on harming others in self-defense, such that an act of defensive force can be impermissible because the harm it would inflict on an attacker is too great relative to the harm to the victim it would prevent. But little attention has been given to whether a corresponding constraint exists in the ethics of compensation, and, if so, what the nature of that constraint is. This article explores the issue of proportionality as (...) it applies to the liability to compensate. The view that some perpetrators are not liable to pay full compensation because doing so would be disproportionately burdensome is clarified and defended, and it is asked what view we should adopt instead. A key step in that inquiry is an argument that someone is liable to bear the cost of compensating for an injury if and only if she would have been liable to bear that same cost in defense against that same injury ex ante. (shrink)

The costs of agricultural inputs added to those of labor represent almost a third of the total cost of Brazilian sugarcane production. This study analyzes the behavior of the price per ton of sugarcane in Brazil, relating it to the main production costs of this cultivation. Twelve price indicators from January 2015 to December 2020 were evaluated. First, the data were adjusted to a multiple linear regression model to identify the significant variables on variation in the price per ton of (...) sugarcane. Then, the Monte Carlo simulation was used to measure the level of certainty of occurrence of these variables, and forecasts were obtained from the adjustment of ARIMA models. The results showed the influence of the costs of diesel oil, two agricultural pesticides, and daily laborers on the price of sugarcane, besides an increasing trend of its, providing relevant short-term projections for decision-making about investments in the agribusiness sector. (shrink)

Propositional attitude sentences, such as "John believes that snow is white," are traditionally taken to express the holding of a relation between a subject and what ‘that’-clauses like ‘that snow is white’ denote, i.e. propositions. On the traditional account, propositions are abstract, mind- and language-independent entities. Recently, some have raised some serious worries for the traditional account and thought that we were mistaken about the kind of entities propositions are. Over the last ten years there has then been a boom (...) of accounts of propositions in terms of mental acts. But Friederike Moltmann has recently suggested that in accounting for attitudes we should forget about mindand language-independent entities and acts and follow Twardowski in focusing instead on attitudinal objects, which are the products of our mental life. In this paper, I will focus on some semantic problems that any product-based account seems to face. Moreover, I will show that product-based accounts may be also criticised on ontological grounds. My conclusion will be that we lack a reason to think that in accounting for propositional attitudes we should focus on the alleged products of our mental lives. (shrink)

The paper contains a novel realist account of causal production and the necessary connection between cause and effect. I argue that the asymmetric relation between causally connected events must be regarded as a product of a symmetric interaction between two or more entities. All the entities involved contribute to the producing, and so count as parts of the cause, and they all suffer a change, and so count as parts of the effect. Cause and effect, on this account, are two (...) different states of the very same compound substance, or system, one coming to exist out of the other. (shrink)

This paper investigates the relationships between organizational change and trust in management. It is argued that organizational change represents a critical episode for the production and destruction of trust in management. Although trust in management is seen as a semi stable psychological state, changes in organizations make trust issues salient and organizational members attend to and process trust relevant information resulting in a reassessment of their trust in management. The direction and magnitude of change in trust is dependent on a (...) set of change dimensions that reflect trust relevant experiences and information. We distinguish between dimensions related to trust relevant consequences of the change and trust relevant aspects of how the change process is performed. Empirical results indicate that increases in post change emotional stress and the use of referential accounts for justifying change are both negatively related to post change trust in management. The use of ideological accounts and participation were found to be positively related to post change trust in management, so was perceived decision quality. Findings also indicate that the effects of change on trust are negatively moderated by tenure. (shrink)

Several developments for diverse scientific goals, mostly in physics and physiology, had to take place, which eventually gave us fMRI as one of the central research paradigms of contemporary cognitive neuroscience. This technique stands on solid foundations established by the physics of magnetic resonance and the physiology of hemodynamics and is complimented by computational and statistical techniques. I argue, and support using concrete examples, that these foundations give rise to a productive theory-ladenness in fMRI, which enables researchers to identify and (...) control for the types of methodological and inferential errors. Consequently, this makes it possible for researchers to represent and investigate cognitive phenomena in terms of hemodynamic data and for experimental knowledge to grow independently of large scale theories of cognition. (shrink)

I raise the question of what cognitive attitude self-deception brings about. That is: what is the product of self-deception? Robert Audi and Georges Rey have argued that self-deception does not bring about belief in the usual sense, but rather “avowal” or “avowed belief.” That means a tendency to affirm verbally (both privately and publicly) that lacks normal belief-like connections to non-verbal actions. I contest their view by discussing cases in which the product of self-deception is implicated in action in a (...) way that exemplifies the motivational role of belief. Furthermore, by applying independent criteria of what it is for a mental state to be a belief, I defend the more intuitive view that being self-deceived that p entails believing that p. Beliefs (i) are the default for action relative to other cognitive attitudes (such as imagining and hypothesis) and (ii) have cognitive governance over the other cognitive attitudes. I explicate these two relations and argue that they obtain for the product of self-deception. (shrink)

As it is broadly accepted, typical uses of demonstratives are accompanied by demonstrations. The concept of demonstration, however, manifests the action–product ambiguity analogous to that visible in the opposition between jumping and the resulting jump, talking and the resulting talk or crying and the resulting cry. It is also a heterogeneous concept that enables demonstrations to vary significantly. The present paper discusses action–product ambiguity as applied to demonstrations as well as the heterogeneity of the latter. An account that acknowledges ambiguity (...) and heterogeneity of demonstrations is sketched in the paper. It is argued that it has a rich explanatory and descriptive potential. (shrink)

Abstract The quasispecies theory is a helpful concept in the explanation of RNA virus evolution and behaviour, with a relevant impact on methods used to fight viral diseases. It has undergone some adaptations to integrate new empirical data, especially the non-deterministic nature of mutagenesis, and the variety of behavioural motifs in cooperation, competition, communication, innovation, integration, and exaptation. Also, the consortial structure of quasispecies with complementary roles of memory genomes of minority populations better fits the empirical data than did the (...) original concept of a master sequence and its mutant spectra. The high productivity of quasispecies variants generates unique sequences that never existed before and will never exist again. In the present essay, we underline that such sequences represent really new ontological entities, not just error copies of previous ones. Their primary unique property, the incredible variant production, is suggested here as quasispecies productivity, which replaces the error-replication narrative to better fit into a new relationship between mankind and living nature in the twenty-first century. (shrink)

Justice in production is concerned with ensuring the benefits and burdens of work are distributed in a way reflective of persons’ status as moral equals. While a variety of accounts of productive justice have been offered, insufficient attention has been paid to the distribution of work’s benefits and burdens in the future. In this paper, after granting for the sake of argument forecasts of widespread future technological unemployment, we consider the implications this has for egalitarian requirements of productive justice. We (...) argue that in relation to all the benefits affiliated with work, other than undertaking social contribution, the technological replacement of work is unproblematic as these benefits could in principle be attained elsewhere. But because social contribution uniquely corresponds to work (when work is understood as more than a paid job), the normative assessment of technological unemployment will turn on the value theories of justice give to contributive activity. We then argue that despite technological replacement being plainly beneficial insofar as it relieves persons from the burdens of work, such as dangerous work or drudgery, because the nature of care work makes it less susceptible to technological replacement, egalitarian concern will require the burdens of care work to be shared equally between individuals. (shrink)

The doctrine of vicarious liability provides that an employer is vicariously or indirectly liable for all delicts or violations of the law committed by his or her employees when they are acting in the course and within the scope of their employment at the time when a delict is committed. In simple terms it is law that imposes liability on employers for the wrong doings of their employees. Some of the reasons why it has been justifiable to have (...) this doctrine in the Law of delict, is because employers have greater financial stamina to offset any losses caused by employees and employees work under the instruction of the employer just but to mention a few. (shrink)

Can we think of a task in a distinctively practical way? Can there be practical concepts? In recent years, epistemologists, philosophers of mind, as well as philosophers of psychology have appealed to practical concepts in characterizing the content of know-how or in explaining certain features of skilled action. However, reasons for positing practical concepts are rarely discussed in a systematic fashion. This paper advances a novel argument for the psychological reality of practical concepts that relies on evidence for a distinctively (...) productive kind of reasoning. (shrink)

This article addresses the new theories and concepts of design management: design thinking, user experience (UX) and service design. They consider people's experiences and focus on the characteristics of each one of them. From industrial design, the scope and relationships between these definitions - now better visible - were analyzed, which always belonged to the design field of the discipline, from which an attempt was made to identify how they influence innovation, design and development of new products. To account (...) for the evolution that the design field has had, the most significant processes are contrasted to visualize the differences that make this change fundamental. Finally, it is concluded on its strategic relevance for the application in public and private organizations. Also taking into account how these theories are methodologically incorporated into the set of activities inherent to industrial design. (shrink)

Even among those who find lethal defense against non-responsible threats, innocent aggressors, or justified aggressors justified even in one to one cases, there is a debate as to what the best explanation of this permissibility is. The contenders in this debate are the liability account, which holds that the non-responsible or justified human targets of the defensive measures are liable to attack, and the justified infringement account, which claims that the targets retain their right not to be attacked but (...) may be attacked anyway, even in one to one situations. Given that we normally think that rights are trumps, this latter claim is counter-intuitive and rather surprising, and therefore in need of justification and explanation. So far only Jonathan Quong has actually tried to provide an explanation; however, I will argue that his explanation fails and that Quong’s own account of liability is misguided. I then address Helen Frowe’s critique of the liability account. She makes the important concession that the tactical bomber has to compensate his victims, but she tries to block the conclusion that he must therefore be liable. I will demonstrate that her attempt to explain away liability fails once that concession is made. (shrink)

The manufacturing industry is evolving rapidly, becoming more complex, more interconnected, and more geographically distributed. Competitive pressure and diversity of consumer demand are driving manufacturing companies to rely more and more on improved knowledge management practices. As a result, multiple software systems are being created to support the integration of data across the product life cycle. Unfortunately, these systems manifest a low degree of interoperability, and this creates problems, for instance when different enterprises or different branches of an enterprise interact. (...) Common ontologies (consensus-based controlled vocabularies) have proved themselves in various domains as a valuable tool for solving such problems. In this paper, we present a consensus-based Additive Manufacturing Ontology (AMO) and illustrate its application in promoting re-usability in the field of dentistry product manufacturing. (shrink)

We often learn the opinions of others without hearing the evidence on which they're based. The orthodox Bayesian response is to treat the reported opinion as evidence itself and update on it by conditionalizing. But sometimes this isn't feasible. In these situations, a simpler way of combining one's existing opinion with opinions reported by others would be useful, especially if it yields the same results as conditionalization. We will show that one method---upco, also known as multiplicative pooling---is specially suited to (...) this role when the opinions you wish to pool concern hypotheses about chances. The result has interesting consequences: it addresses the problem of disagreement between experts; and it sheds light on the social argument for the uniqueness thesis. (shrink)

Since the outbreak of the Coronavirus disease 2019 (Covid-19), tremendous efforts have been made by scientists, health professionals, business people, politicians, and laypeople around the world. Covid-19 vaccines are one of the most crucial innovations that help fight against the virus. This paper attempts to revisit the Covid-19 vaccines production process by employing the serendipity-mindsponge-3D creativity management theory. Vaccine production can be considered an information process and classified into three main stages. The first stage involved the processes of absorbing information (...) (e.g., digital data and open science) and rejecting unhelpful information (e.g., misinformation and fake news) for effectively acquiring useful insights. Useful insights were later employed by experts, enterprises, governments, and international organizations through interdisciplinary coordinated efforts for developing vaccines within a short period. Finally, the appearance of multiple types of vaccines enabled more strategic options for vaccine distribution and administration. Findings from this vaccine creativity management process could be used as critical lessons for further improvements of vaccination programs. (shrink)