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Global social indicators, as a form of governance and soft regulation, exert pressure for change and compliance through the way they compare and rank the relative performance of states or other units. Is it reasonable then to expect the comparisons they make in the process of carrying out such strategic exercises to be accurate and fair? In particular, how far can they, or should they, be required to be faithful to the requirement to ‘compare like with like’. Using as an example the role of indicators in documenting and responding to the current coronavirus epidemic, I investigate the way their hybrid combination of both comparison and commensuration may help to account for the difficulty they have had so far in establishing stable rankings of best practice.
This article focuses primarily on to what extent novel beings, and particularly, beings which display something akin to human consciousness or agency would be (or should be) patentable under current European patent law. Patents grant the patent holder a right to exclude others from using the patented invention for the period of patent grant (usually 20 years). This allows the patent holder to control how that invention can or cannot be used by others downstream, granting patent holders a governance like function over the patented technology for the duration of the patent. Accordingly, the potential for patentability of novel beings gives rise to a myriad of ethical issues including: to what extent is it appropriate for patent holders to retain and exercise patents over “novel beings”; how issues of “agency” displayed by any “novel beings” would fit within the current patent framework, if at all; and to what extent existing exclusions from patentability might exclude patents on “novel beings” or whether changes within patent law may be needed if patents in relation to “novel beings” are deemed ethically problematic. This article focuses on such issues, and in doing so, also sheds light on the role of ethical issues within the patenting of advanced biotechnologies more generally.
The suggestion has been made that future advanced artificial intelligence (AI) that passes some consciousness-related criteria should be treated as having moral status, and therefore, humans would have an ethical obligation to consider its well-being. In this paper, the author discusses the extent to which software and robots already pass proposed criteria for consciousness; and argues against the moral status for AI on the grounds that human malware authors may design malware to fake consciousness. In fact, the article warns that malware authors have stronger incentives than do authors of legitimate software to create code that passes some of the criteria. Thus, code that appears to be benign, but is in fact malware, might become the most common form of software to be treated as having moral status.
The debate around whether novel beings should be legally recognized as legitimate rights holders is one that has produced a vast amount of commentary. This paper contributes to this discourse by shifting the normative focus of moral rights away from criteria possessed by the novel beings in question, and back toward the criterion upon which we ourselves are able to make legitimate rights claims. It draws heavily on the moral writing of Alan Gewirth’s identification of noumenal agency as the source of all legitimate rights claims. Taking Gewirthian ethical rationalism as providing a universally applicable hypothetical imperative which binds all agents to comply with its requirements, the paper argues that it is at least morally desirable that any legal system should recognize the moral rights claims of all agents as equally legitimate. By extension, it is at least morally desirable that the status of legal personhood should be granted by a legal system to all novel beings who are noumenal agents, insofar as this status is necessary for rights’ legal recognition. Having established the desirability of this extension, the paper closes with an examination of recent cases involving both biological and nonbiological novel beings in order to assess their conformity with the desirable approach outlined above. The paper demonstrates that such recognition is conceptually possible, thus requiring us to move beyond the current anthropocentricity of legal systems and recognize the legitimate moral claim for legal personhood for all novel beings who possess noumenal agency.
In South Korea, romanticization of the era of Japanese colonial rule (1910–1945) has long been taboo: the period is widely regarded as one of the most painful and shameful parts of South Korean history. However, during the past decade unexpected cracks have appeared in established national narratives on the colonial period. This paper explores the dissonance between long-standing national narratives and the commodification of local heritage sites for tourism, by examining the heritagization of Japanese colonial architecture in the city of Gunsan. Despite the Gunsan Municipal Government positions the city's colonial stories in ways that largely align with national official narratives on Japanese colonial history, such efforts have unexpectedly generated feelings of imagined nostalgia in three ways: (1) through clashes between official colonial history and the means by which colonial daily life is depicted in Gunsan's Modern Cultural Belt; (2) through the interwoven colonial and post-colonial stories presented in the city's Modern Historic Landscape District and (3) through the commercialized colonial and post-colonial stories articulated by private businesses in Gunsan. This paper suggests that productive nostalgia can help to overcome the limit of the current form of Gunsan's heritagization, and to construct Gunsan's diverse local memories
Embodiment is typically given insufficient weight in debates concerning the moral status of Novel Synthetic Beings (NSBs) such as sentient or sapient Artificial Intelligences (AIs). Discussion usually turns on whether AIs are conscious or self-aware, but this does not exhaust what is morally relevant. Since moral agency encompasses what a being wants to do, the means by which it enacts choices in the world is a feature of such agency. In determining the moral status of NSBs and our obligations to them, therefore, we must consider how their corporeality shapes their options, preferences, values, and is constitutive of their moral universe. Analysing AI embodiment and the coupling between cognition and world, the paper shows why determination of moral status is only sensible in terms of the whole being, rather than mental sophistication alone, and why failure to do this leads to an impoverished account of our obligations to such NSBs.
Our ability to locate moral responsibility is often thought to be a necessary condition for conducting morally permissible medical practice, engaging in a just war, and other high-stakes endeavors. Yet, with increasing reliance upon artificially intelligent systems, we may be facing a widening responsibility gap, which, some argue, cannot be bridged by traditional concepts of responsibility. How then, if at all, can we make use of crucial emerging technologies? According to Colin Allen and Wendell Wallach, the advent of so-called ‘artificial moral agents’ (AMAs) is inevitable. Still, this notion may seem to push back the problem, leaving those who have an interest in developing autonomous technology with a dilemma. We may need to scale-back our efforts at deploying AMAs (or at least maintain human oversight); otherwise, we must rapidly and drastically update our moral and legal norms in a way that ensures responsibility for potentially avoidable harms. This paper invokes contemporary accounts of responsibility in order to show how artificially intelligent systems might be held responsible. Although many theorists are concerned enough to develop artificial conceptions of agency or to exploit our present inability to regulate valuable innovations, the proposal here highlights the importance of—and outlines a plausible foundation for—a workable notion of artificial moral responsibility.
This paper investigates the data life-cycle of contact-tracing apps (CTAs) in the context of the COVID-19 pandemic. It highlights the socio-legal implications resulting from the design and technology choices that software developers inevitably make. These choices are often neglected by policy-makers due to the inherent technical complexity of algorithmic decision systems and to certain naive belief in technological solutionism. In particular, this paper shows, first, that technology-harvested data do not reflect an objective representation of reality, and therefore require a context within which to be understood and interpreted for policy and legal purposes; and, second, that the use of data analytics to extract insights from these data enables the production of computational indicators. By looking at how CTAs are used to implement pandemic-mitigation restrictions such as lockdowns, quarantines, social distancing and testing, the paper ultimately brings forth the ways in which technologies – and thus their bias and ways of framing social reality – become embedded in the law.
The COVID-19 pandemic has given rise to the massive development and use of health indicators. Drawing on the history of international public health and of the management of infectious disease, this paper attempts to show that the normative power acquired by metrics during the pandemic can be understood in light of two rationales: epidemiological surveillance and performance assessment. On the one hand, indicators are established to evaluate and rank countries’ responses to the outbreak; on the other, the evolution of indicators has a direct influence on the content of public health policies. Although quantitative data are an absolute necessity for coping with such disasters, it is critical to bear in mind the inherent partiality and precarity of the information provided by health indicators. Given the growing importance of normative quantitative devices during the pandemic, and assuming that their influence is unlikely to decrease in the future, they call for close scrutiny.
Recent accounts of discourse-pragmatic (DP) variation have demonstrated that these features can acquire social indexical meaning. However, in comparison to other linguistic variables, DP features remain underexplored and third-wave perspectives on the topic are limited. In this article, I analyse the distribution, function and social meaning of the ‘attention signals’ – those features which fulfil the explicit function of eliciting the attention of an individual – in just over 35 hours of self-recordings of 25 adolescents collected during a year-long sociolinguistic ethnography of an East London youth group. This leads me to identify an innovative attention signal – ey. Distributional analyses of this feature show that ey is associated with a particular Community of Practice, the self-defined and exclusively male ‘gully’. By examining the discourse junctures at which ey occurs, I argue that this attention signal is most frequently used by speakers to deploy a ‘dominant’ stance. For gully members, this feature is particularly useful as an interpersonal device, where it is used to manage ingroup/outgroup boundaries. Concluding, I link the use of ey and the gully identity to language, ethnicity and masculinity in East London.