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In U.S. v. American Library Association (2003), the Supreme Court upheld the Child Internet Protection Act (CIPA), which mandated that libraries receiving federal funding for public Internet access install content filtering programs on computers which provide that access. Since almost all public libraries receive such funding, and since they generally require the money to remain in operation, the statute creates a de facto requirement that public libraries install Internet filtering programs. These programs analyze incoming content, and block the receipt of objectionable material, in particular pornography. Thus, patrons at public libraries are protected from unintentionally (or intentionally) accessing objectionable material, and, in the case of minors, from accessing potentially damaging material. At least, that is the official story. In this paper, I develop three points. (1) I argue that CIPA and ALA are better read as examples of the enforcement of a regime of normative sexuality. The question of minors accessing pornography is only relevant to the official story insofar as it provides a rhetorically persuasive example of deviance from that normative regime. There are less intrusive means to stop kids from getting pornography at the library. Analysis of the legislative history of CIPA, and of the Supreme Court's language in upholding it, suggest its breadth and the extent to which exclusive attention to the regulation of pornography functions as a legitimatory red herring. CIPA's full target includes information about topics such as homosexuality and contraception. (2) Rather than (or in addition to) punishing deviances directly, CIPA attempts to constitute a "public" in which such deviancy can never occur in the first place. Because its appearance is blocked, in the world of CIPA and from the point of view of those who rely on the "public" space of the Internet at the library in the formation of their subjectivities, deviance does not exist. Hence, the designation of a "public" space serves to domesticate alternative sexualities and to sanitize that space of sexual difference. (3) This interaction at the border of the public and private spheres in turn offers an opportunity to reflect on and underscore the ways that subject formation and subjectivity are mediated through technological artifacts like the Internet.
Digital Identities in Tension deals with the ambivalence of universal digitalization. While this transformation opens up new possibilities, it also redistributes the interplay of constraints and incentives, and tends insidiously to create a greater malleability of individuals. Today, companies and states are increasingly engaged in the surveillance and management of our digital identities. In response, we must study the effects that the new industrial, economic and political logics have on ethical issues and our ability to act. This book examines the effects of digitalization on new modes of existence and subjectivation in many spheres: digital identity management systems, Big Data and machine learning, the Internet of Things, smart cities, etc. The study of these transformations is one of the major conditions for more responsible modes of data governance to emerge.
Ethics and Phenomenology is a collection of essays that explore the relationship between moral philosophy and the phenomenological tradition. Phenomenology is a vast and rich philosophical tradition which seeks to explain how we perceive the world. This, in turn, involves questions about one's relationship to the world and how one both acts and should act in the world. For this reason phenomenology entails an ethics, even if such an ethics is not always apparent in the work of phenomenological thinkers . The book is devoted to two central tasks: Section One offers essays exploring the resources available to moral philosophy in the work of the major phenomenologists of the 20th-century, including Husserl, Heidegger, Merleau-Ponty, Sartre, and others. Part Two consists of essays demonstrating the way that the phenomenological method can facilitate advances in our thinking through the exploration of contemporary ethical issues, including environmentalism, intellectual property, parenting and others.
This book addresses two related topics: self-control and individual autonomy. In approaching these issues, Mele develops a conception of an ideally self-controlled person, and argues that even such a person can fall short of personal autonomy. He then examines what needs to be added to such a person to yield an autonomous agent and develops two overlapping answers: one for compatibilist believers in human autonomy and one for incompatibilists. While remaining neutral between those who hold that autonomy is compatible with determinism and those who deny this, Mele shows that belief that there are autonomous agents is better grounded than belief that there are not.
People are socially situated amid complex relations with other people and are bound by interpersonal frameworks having significant influence upon their lives. These facts have implications for their autonomy. Challenging many of the currently accepted conceptions of autonomy and of how autonomy is valued, Oshana develops a 'social-relational' account of autonomy, or self-governance, as a condition of persons that is largely constituted by a person’s relations with other people and by the absence of certain social relations. She denies that command over one's motives and the freedom to realize one's will are sufficient to secure the kind of command over one's life that autonomy requires, and argues against psychological, procedural, and content neutral accounts of autonomy. Oshana embraces the idea that her account is 'perfectionist' in a sense, and argues that ultimately our commitment to autonomy is defeasible, but she maintains that a social-relational account best captures what we value about autonomy and best serves the various ends for which the concept of autonomy is employed.
As this publication explains, freedom of expression is not just a by-product of technical change; it must be protected by legal and regulatory measures that balance a variety of potentially conflicting values and interests in a complex global ecology of choices. The impetus that this report provides for the prioritization of research in this field encourages further scrutiny of the multifaceted issues that govern the conditions for freedom of expression on the Internet. The findings of this research point to the need to better track a wider array of global, legal and regulatory trends. It is my hope that this publication proves to be a useful and informative resource for all users working in this domain, whether individual researchers, students or policy makers.
This important new book develops a new concept of autonomy. The notion of autonomy has emerged as central to contemporary moral and political philosophy, particularly in the area of applied ethics. professor Dworkin examines the nature and value of autonomy and uses the concept to analyse various practical moral issues such as proxy consent in the medical context, paternalism, and entrapment by law enforcement officials.
A leading law review offers a quality ebook edition. This third issue of 2012 features articles from internationally recognized legal scholars, and extensive research in Comments authored by University of Chicago Law School students. Contents for the issue include: ARTICLES: "Orwell’s Armchair," by Derek E. Bambauer "Jury Nullification in Modified Comparative Negligence Regimes," by Eli K. Best & John J. Donohue III "Allocating Pollution," by Arden Rowell COMMENTS: "A State-Centered Approach to Tax Discrimination under § 11501(b)(4) of the 4-R Act" "A Felony, I Presume? 21 USC § 841(b)’s Mitigating Provision and the Categorical Approach in Immigration Proceedings" "Home Is Where the Court Is: Determining Residence for Child Custody Matters under the UCCJEA" "Revisiting Revlon: Should Judicial Scrutiny of Mergers Depend on the Method of Payment?" In the eBook edition, Tables of Contents are active, including those for individual articles; footnotes are fully linked and properly numbered; graphs and figures are reproduced legibly; URLs in footnotes are active; and proper eBook formatting is used. The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School student-editors.
In recent years, many sectors have experienced significant progress in automation, associated with the growing advances in artificial intelligence and machine learning. There are already automated robotic weapons, which are able to evaluate and engage with targets on their own, and there are already autonomous vehicles that do not need a human driver. It is argued that the use of increasingly autonomous systems (AS) should be guided by the policy of human control, according to which humans should execute a certain significant level of judgment over AS. While in the military sector there is a fear that AS could mean that humans lose control over life and death decisions, in the transportation domain, on the contrary, there is a strongly held view that autonomy could bring significant operational benefits by removing the need for a human driver. This article explores the notion of human control in the United States in the two domains of defense and transportation. The operationalization of emerging policies of human control results in the typology of direct and indirect human controls exercised over the use of AS. The typology helps to steer the debate away from the linguistic complexities of the term “autonomy.” It identifies instead where human factors are undergoing important changes and ultimately informs about more detailed rules and standards formulation, which differ across domains, applications, and sectors.