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Popular Opinion and Gun Rights

Advocates of even the mildest gun control reform in the US were dealt a serious blow yesterday, as the Senate failed to enact an expansion of background checks for gun purchases online and at gun shows.   Some have been quick to gloat over the result, while others were taken aback that the Senate could so blatantly ignore the will of the American people.  A number of polls have indeed shown massive support for background checks on gun purchases (upwards of 90%) – according to one survey, the proposal is even more popular than kittens.  This level of support predates the Sandy Hook massacre.  Political analysts will go to great lengths to explain how such a popular measure was voted down (the strength of the National Rifle Association’s lobbying efforts play a large part, no doubt), but we can also ask whether it should have been – in particular, independent of the merits of the bill, whether politicians should not have flaunted the will of the people.  Read More »Popular Opinion and Gun Rights

Two Cheers for Laughtivism

By Kei Hiruta  Political activists are laughing everywhere. They mock the powerful and ridicule the corrupt, whether the target is a Middle Eastern dictator, a North American CEO, or a recently deceased British Prime Minister. On the streets we see the comical and the absurd in service of a demand for greater transparency and accountability.… Read More »Two Cheers for Laughtivism

Strict-ish liability? An experiment in the law as algorithm

Some researchers in the US recently conducted an ‘experiment in the law as algorithm’. (One of the researchers involved with the project was interviewed by Ars Technia, here.) At first glance, this seems like quite a simple undertaking for someone with knowledge of a particular law and mathematical proficiency: laws are clearly defined rules, which can be broken in clearly defined ways. This is most true for strict liability offences, which require no proof of a mental element of the offence (the mens rea). An individual can commit a strict liability offence even if she had no knowledge that her act was criminal and had no intention to commit the crime. All that is required under strict liability statutes is that the act itself (the actus reus) is voluntary. Essentially: if you did it, you’re liable – it doesn’t matter why or how. So, for strict liability offences such as speeding it would seem straightforward enough to create an algorithm that could compare actual driving speed with the legal speed limit, and adjudicate liability accordingly.

This possibility of law as algorithm is what the US researchers aimed to test out with their experiment. They imagined the future possibility of automated law enforcement, especially for simple laws like those governing driving. To conduct their experiment, the researchers assigned a group of 52 programmers the task of automating the enforcement of driving speed limits. A late-model vehicle was equipped with a sensor that collected actual vehicle speed over an hour-long commute. The programmers (without collaboration) each wrote a program that computed the number of speed limit violations and issued mock traffic tickets.Read More »Strict-ish liability? An experiment in the law as algorithm

What happens when you die

I have just watched someone die. Just one person. But a whole ecosystem has been destroyed. Everyone’s roots wind round everyone else’s. Rip up one person, and everyone else is compromised, whether they know it or not. This is true, too, for everything that is done to anyone. Death just points up, unavoidably, what is always the case.

This is trite. But it finds little place in bioethical or medico-legal talk. There, a human is a discrete bio-economic unit, and there’s a convention that one can speak meaningfully about its elimination without real reference to other units.

In some medico-legal contexts this is perhaps inevitable. There have to be some limits on doctors’ liability. Hence some notion of the doctor-patient relationship is probably inescapable, and the notion requires an artificially atomistic model of a patient.

But ethics can and should do better.Read More »What happens when you die

Why slaughterhouses should welcome CCTV

by Rebecca Roache

Covertly filming shocking animal abuse in the meat industry (and other industries involving animals) is a common tactic of animal welfare charities such as the Humane Society, Mercy for Animals, Animal Aid, and PETA. The footage is generally obtained by workers for the charities who gain employment at slaughterhouses, farms, laboratories and the like; and it has been instrumental in prosecuting abusers and applying pressure on meat producers to improve welfare standards, as the New York Times reported at the weekend.

The same article also reports a disturbing response to this practice by several US states:

They proposed or enacted bills that would make it illegal to covertly videotape livestock farms, or apply for a job at one without disclosing ties to animal rights groups. They have also drafted measures to require such videos to be given to the authorities almost immediately, which activists say would thwart any meaningful undercover investigation of large factory farms.

Those who flout this so-called ‘ag-gag’  legislation may, among other things, be placed on a ‘terrorist registry’.

Read More »Why slaughterhouses should welcome CCTV

Art and Moral Taint

It was reported yesterday that the Tate gallery has decided to remove prints created by the artist Graham Ovenden following his conviction for child sex offences (on Tuesday 2nd April). Ovenden’s conviction itself raises difficult moral questions which I shall not address here. Ovenden is (or at least was) a celebrated portrait artist; he admitted to taking pictures of and painting nude children in the course of creating his portraiture, claiming that, in doing so, he was aiming to capture children in what he termed their “state of grace”.  Although he vigorously denied allegations of paedophilia over the course of the trial, Ovenden was found guilty of six counts of indecency and one count of indecent assault.

There may well be room for debate about whether Ovenden is a paedophile or just a harmless, albeit esoteric, artist. However, I shall not address this question here; I shall assume throughout (rightly or wrongly) that the court is warranted in describing Ovenden as a paedophile. Rather, I am interested in the Tate gallery’s response to the conviction, and more generally, the questions about the nature of art to which it gives rise.Read More »Art and Moral Taint

Sponsoring student adventures, with added charity.

Last weekend’s work was greatly enlivened for me by keeping track of the updates for Trinity Jailbreak. The challenge: 37 student teams had 36 hours to get as far from Trinity College Dublin as possible, without spending any money. They were, however, allowed to blag, persuade, and get corporate sponsorship to aid their “getaways”. Pre-contest,… Read More »Sponsoring student adventures, with added charity.

A reply to ‘Facebook: You are your ‘Likes”

Yesterday, Charles Foster discussed the recent study showing that Facebook ‘Likes’ can be plugged into an algorithm to predict things about people – things about their demographics, their habits and their personalities – that they didn’t explicitly disclose. Charles argued that, even though the individual ‘Likes’ were voluntarily published, to use an algorithm to generate further predictions would be unethical on the grounds that individuals have not consented to it and, consequently, that to go ahead and do it anyway is a violation of their privacy.

I wish to make three points contesting his strong conclusion, instead offering a more qualified position: simply running the algorithm on publically available ‘Likes’ data is not unethical, even if no consent has been given. Doing particular things based on the output of the algorithm, however, might be.Read More »A reply to ‘Facebook: You are your ‘Likes”

Sexy Indian Costumes on Sale!

Picture taken from California Costume Collection, Inc.

 

I’ve been to Cologne recently, one of Germany’s main Carnival cities. In the window of a shop I passed, I saw some residues of the just ended Carnival season for sale – amongst other things, a Native American costume. Like many others of the sort, it consisted of a brown faux suede suit, a colourful feather hair decoration, and a little fake axe. And – not to my surprise – it showed far more skin that it concealed. Unfortunately, I didn’t take a picture. However, “Indian” Carnival and Halloween costumes like that can be found all over the internet, may it be in the (sadly unavoidable) “sexy” women’s version like the one I saw, or in the male “warrior / chief” version.

Read More »Sexy Indian Costumes on Sale!