scholarly journals Narrative Devices: Neurotechnologies, Information, and Self-Constitution

Neuroethics ◽  
2020 ◽  
Author(s):  
Emily Postan
Keyword(s):  
Third Parties ◽  
Empirical Literature ◽  
Access To Information ◽  
Normative Framework ◽  
Embodied Self ◽  
Normative Foundations ◽  
Normative Account

Abstract This article provides a conceptual and normative framework through which we may understand the potentially ethically significant roles that information generated by neurotechnologies about our brains and minds may play in our construction of our identities. Neuroethics debates currently focus disproportionately on the ways that third parties may (ab)use these kinds of information. These debates occlude interests we may have in whether and how we ourselves encounter information about our own brains and minds. This gap is not yet adequately addressed by most allusions in the literature to potential identity impacts. These lack the requisite conceptual or normative foundations to explain why we should be concerned about such effects or how they might be addressed. This article seeks to fill this gap by presenting a normative account of identity as constituted by embodied self-narratives. It proposes that information generated by neurotechnologies can play significant content-supplying and interpretive roles in our construction of our self-narratives. It argues, to the extent that these roles support and detract from the coherence and inhabitability of these narratives, access to information about our brains and minds engages non-trivial identity-related interests. These claims are illustrated using examples drawn from empirical literature reporting reactions to information generated by implantable predictive BCIs and psychiatric neuroimaging. The article concludes by highlighting ways in which information generated by neurotechnologies might be governed so as to protect information subjects’ interests in developing and inhabiting their own identities.

Influence of copyright exceptions and limitations on access to information in Kenya, Ghana and Uganda libraries

2020 ◽  
Vol 41 (6/7) ◽  
pp. 565-577
Author(s):  
Magdaline Wanjiru Mungai ◽  
Selikem Sebuava Dorvlo ◽  
Asaph Nuwagirya ◽  
Marlene Holmner
Keyword(s):  
Best Practices ◽  
Design Methodology ◽  
Information Access ◽  
Empirical Literature ◽  
Access To Information ◽  
Content Type ◽  
Advantages And Disadvantages ◽  
Depth Analysis ◽  
Exceptions And Limitations ◽  
Improve Access

PurposeCopyright exceptions promote access to information by users without breaching copyright. This research paper reviews copyright exceptions in Kenya, Ghana and Uganda and how they influence access to information in libraries. Objectives were to find out the implications of copyright exceptions in Kenya, Ghana and Uganda; advantages and disadvantages of copyright exceptions for libraries; and recommend best practices of copyright exceptions.Design/methodology/approachThis is a desktop research reviewing empirical literature and incorporating authors' experiential knowledge in their information profession. Authors have interrogated copyright exceptions in their home countries' copyright acts, policy documents and peer-reviewed articles on copyright and information access. They analysed the documents as stated to deduce key recommendations regarding ideal copyright exceptions.FindingsThe study established that copyright exceptions do not always improve access as intended because they are inadequate, ignoring key library functions. Major inconsistencies exist in the exceptions in these countries; key terminologies have not been defined; and the concept is not well understood. Librarians lack sufficient knowledge on exceptions, hence lack self-efficacy in educating users. Kenya, Ghana and Uganda should improve and harmonize their copyright acts to cover key library functions.Originality/valueThis study provides in-depth analysis of historical and modern practices of copyright exceptions in the three countries revealing useful comparative insights. Previous studies looked at the issues from individual countries perspective.

Access to information in joint ventures: the dangers of being kept in the dark

2016 ◽  
Vol 56 (2) ◽  
pp. 560
Author(s):  
Anne Freeman
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Federal Court ◽  
Third Parties ◽  
Access To Information ◽  
Fiduciary Duties ◽  
Technical Data

Operators of joint ventures have, by reason of their position, first-hand access to all information relating to the joint venture, including financial results, technical data, and documents relating to relationships with third parties and contractors. Non-operators regularly strike difficulty in obtaining all the information they need in relation to the affairs of joint ventures, especially if a dispute is emerging between participants in it. This extended abstract explores various mechanisms for non-operators to obtain joint venture records, including express provisions in the joint venture agreement itself, and the potential to argue that there should be a right to obtain records implied into the agreement. Other potential mechanisms will also be canvassed, including the assertion of fiduciary duties owed by the operator that might provide the non-operator with rights to obtain information. In the 2013 decision of Alliance Craton Explorer v Quasar Resources, the Full Court of the Federal Court considered a joint venture agreement that did not explicitly provide access to the non-operator records of the joint venture. The court refused to imply a term providing access to the records, and dismissed arguments by the non-operator that the operator was its agent and that the non-operator had proprietary rights to the information it sought. This extended abstract discusses the implications of this decision.

Normative Foundations of Introductory Economics

2000 ◽  
Vol 44 (1) ◽  
pp. 53-61 ◽  
Author(s):  
Emily Northrop
Keyword(s):  
Economic Growth ◽  
Operating System ◽  
Organizational Behavior ◽  
Third Parties ◽  
Ethical Judgments ◽  
Introductory Economics ◽  
Normative Foundations

According to Robert Solow, the orthodox model “underplays the significance of ethical judgments both in its approach to policy and in its account of individual and organizational behavior.” This paper demonstrates that introductory texts promote, without acknowledgment or debate, the following ethical judgments and value-laden choices are equally meritorious, economic growth is desirable, consumerism, to ignore markets' sometimes coercive nature and the “non-externality” types of harm to third parties, anthropocentrism, the only unequivocal “good” is rearrangements which produce only winners, and to view humans as separate and self-serving entities. These values matter because, as Colander and Landreth write, “The simple textbook models students learn serve as an operating system for their minds … [and the] models limit students' imagination and consideration of alternatives …”

scholarly journals Rights and Obligations of Third Parties in Armed Conflicts

2018 ◽  
Author(s):  
Heike Krieger
Keyword(s):  
Use Of Force ◽  
Third Parties ◽  
Legal Order ◽  
Armed Conflicts ◽  
Third Party ◽  
Normative Framework ◽  
Geneva Conventions ◽  
Self Interest ◽  
State Practice ◽  
International Legal Order

The chapter begins by noting that the prohibition of the use of force is the quintessential ius cogens rule of an erga omnes character. The same holds true for Common Article 1 of the Geneva Conventions. Both norms create third-party rights and obligations. However, structural deficits in the international legal order often hinder their effective enforcement. Moreover, recent state practice challenges certain obligations stemming in particular from the prohibition on the use of force. This chapter analyzes and compares the normative framework of both rules and examines recent contestations in state practice. It concludes by exploring the question as to what extent both rules reflect community interests or are still grounded on a reciprocal bilateral basis related to states’ self-interest.

What’s going on next door? Irregular leader change in neighboring countries, uncertainty, and civil war

2020 ◽  
pp. 002234332091309
Author(s):  
Casper Sakstrup
Keyword(s):  
Civil War ◽  
Armed Conflict ◽  
Fixed Effects ◽  
Third Parties ◽  
Third Party ◽  
Spatial Analyses ◽  
Access To Information ◽  
Increased Risk ◽  
Foreign Policy Change ◽  
Leader Change

Uncertainty about capabilities or resolve is a prominent explanation for war between states. However, we know comparatively little about uncertainty as a cause of armed conflict between domestic actors. This article proposes that irregular leader change in a neighboring country generates uncertainty about third-party resolve and thus increases the likelihood of intrastate armed conflict. I argue that domestic actors take potential third parties’ capabilities and resolve into account when bargaining, that neighboring countries are important potential third parties, and that irregular leader change among these potential third parties results in uncertainty because there is an increased risk of foreign policy change combined with limited access to information. With uncertain estimates of third-party resolve, the risk of bargaining failure and armed conflict increases. Global spatial analyses spanning 1946–2014 corroborate the argument. As expected, I find that irregular leader change in one or more neighboring countries increases the probability of intrastate armed conflict onset. The results are robust across three different distance thresholds for neighboring countries, using time and country fixed effects and several alternative model specifications. Overall, this article advances our knowledge about uncertainty as a cause of civil war and sheds new light on the adverse consequences of irregular leader change.

scholarly journals Legal nature of the relations between the company and her administrator

2021 ◽  
Author(s):  
Nicolae Sova ◽  
◽  
Irina Moraru ◽  
Keyword(s):  
Organizational Structure ◽  
Third Parties ◽  
Legal Personality ◽  
Normative Framework ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Nature ◽  
Internal Management ◽  
The Law

The company was conceived as an autonomous body, to which the law gives legal personality. The management of the company is carried out by its administrator, in accordance with the legal provisions and the articles of incorporation. In this sense, we emphasize that the administrator is an essential body in the organizational structure of the company, having responsibilities both in the field of internal management, but also in terms of relations with third parties, representing the company. This article is dedicated to to the analysis of the legal nature of the relations between administrators and the company in terms of the normative framework, judicial practice and doctrinal approaches.

scholarly journals The Costs of Conscience

2018 ◽  
Author(s):  
Micah Schwartzman ◽  
Nelson Tebbe ◽  
Richard Schragger
Keyword(s):  
Religious Freedom ◽  
Third Parties ◽  
Fundamental Rights ◽  
Third Party ◽  
Constitutional Rights ◽  
Freedom Of Conscience ◽  
The Third ◽  
The Third Party ◽  
The Government ◽  
Normative Foundations

AbstractWhen the government enacts laws or regulations that accommodate religious believers, it may not impose significant costs on identifiable third parties. This is sometimes called the third-party harm doctrine. Critics of this doctrine have raised a diversity of objections to it. They have argued that it (1) lacks normative foundations, (2) is not grounded in constitutional sources, (3) assumes an incorrect baseline for determining when third parties are harmed, and (4) cannot be applied without eliminating all, or nearly all, religious accommodations. Critics have also argued (5) that the doctrine does not apply when the government provides legal exemptions for both religious and secular claims of conscience, and (6) that religious freedom is like other fundamental rights that impose harms on others. We argue that none of these objections is persuasive. Responding to them provides an opportunity to develop the third-party harm doctrine in ways that illuminate the limits of religious liberty, freedom of conscience, and other constitutional rights.

scholarly journals Unregulated Immigration Law Clinics and Kant’s Cosmopolitan Right: Challenging The Political Status Quo

2021 ◽  
Vol 28 (1) ◽  
pp. 195-243
Author(s):  
Omar Madhloom
Keyword(s):  
Legal Education ◽  
Holistic Approach ◽  
Status Quo ◽  
Third Parties ◽  
Immigration Law ◽  
Normative Values ◽  
The Political ◽  
England And Wales ◽  
Political Status ◽  
Normative Framework

Unregulated law clinics in England and Wales are prohibited from directly offering immigration advice and assistance. This article argues that this restriction should not be a barrier to teaching immigration law. Kant’s duty-based ethics and his cosmopolitan right can provide a useful normative framework for challenging the political status quo in relation to the regulation of law clinics and policies affecting migrants. It is argued that introducing normative values into Clinical Legal Education can address the limitations of the conventional ‘hired-gun’ model and engender students to a more holistic approach to lawyering. In other words, a model which promotes the causes of third parties.

scholarly journals Not ‘us’ and ‘them’: towards a normative legal theory of mental health vulnerability

2018 ◽  
Vol 15 (1) ◽  
pp. 51-67
Author(s):  
Phil Bielby
Keyword(s):  
Mental Health ◽  
Legal Theory ◽  
Future Directions ◽  
Normative Framework ◽  
Health Vulnerability ◽  
Normative Foundations ◽  
Insight Into

AbstractIn this paper, I develop the basis of a normative legal theory of mental health vulnerability. In Section 2, I conceptualise mental health vulnerability by integrating a universal understanding of vulnerability with a subjective-evaluative, psychosocial and dimensional account of mental health. In Section 3, I move on to consider the significance of mental health vulnerability for legal theory through an encounter with perspectives on vulnerability offered by MacIntyre, Fineman and Del Mar. This offers an insight into the normative foundations of mental health vulnerability. In Section 4, I outline a normative framework for mental health vulnerability that involves a synergy of rights and care. This extends Engster's idea of ‘a right to care’ to mental health and highlights the role of care and rights in mitigating power imbalances and inequality in relation to mental health. In concluding, I suggest future directions for research on mental health vulnerability.

Malpractice & Negligence: State Supreme Courts Limit Therapists’ Duties to Third Parties

1999 ◽  
Vol 27 (2) ◽  
pp. 204-205
Author(s):  
Megan Cleary
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Supreme Court ◽  
New Hampshire ◽  
Third Parties ◽  
State Supreme Courts ◽  
Recovered Memories ◽  
Supreme Courts ◽  
Repressed Memory ◽  
University Of Colorado

In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 (1995): 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478 (N.H. 1998), allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256 (Iowa 1999), and California, in Eear v. Sills, 82 Cal. Rptr. 281 (1991), rejected lawsuits brought by nonpatients for professional liability.

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