1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l

Taking Rights Seriously

Anarchy, state, and utopia

Scholars of culture, humanities and social sciences have increasingly come to an appreciation of the importance of the legal domain in social life, while critically engaged socio-legal scholars around the world have taken up the task of understanding "Law's Empire" in all of its cultural, political, and economic dimensions. The questions arising from these intersections, and addressing imperialisms past and present forms the subject matter of a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen, and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby. This paper introduces the volume, forthcoming in late 2007. The central problematique of this issue has previously been explored through the 2005 Law's Empire conference, an informal but vibrant postcolonial legal studies network.

Law's Empire

Information privacy refers to the desire of individuals to control or have some influence over data about themselves. Advances in information technology have raised concerns about information privacy and its impacts, and have motivated Information Systems researchers to explore information privacy issues, including technical solutions to address these concerns. In this paper, we inform researchers about the current state of information privacy research in IS through a critical analysis of the IS literature that considers information privacy as a key construct. The review of the literature reveals that information privacy is a multilevel concept, but rarely studied as such. We also find that information privacy research has been heavily reliant on studentbased and USA-centric samples, which results in findings of limited generalizability. Information privacy research focuses on explaining and predicting theoretical contributions, with few studies in journal articles focusing on design and action contributions. We recommend that future research should consider different levels of analysis as well as multilevel effects of information privacy. We illustrate this with a multilevel framework for information privacy concerns. We call for research on information privacy to use a broader diversity of sampling populations, and for more design and action information privacy research to be published in journal articles that can result in IT artifacts for protection or control of information privacy.

http://ftp.misq.org/skin/frontend/default/misq/pdf/appendices/2011/BelangerCrosslerAppendices.pdf

Privacy in the digital age: a review of information privacy research in information systems

The Concept Of Law

Foreword ( Deborah G. Johnson ). Preface. Contributors. Introduction ( Kenneth Einar Himma and Herman T. Tavani ). PART I: FOUNDATIONAL ISSUES AND METHODOLOGICAL FRAMEWORKS. 1. Foundations of Information Ethics ( Luciano Floridi ). 2. Milestones in the History of Information Ethics ( Terrell Ward Bynum ). 3. Moral Methodology and Information Technology ( Jeroen van den Hoven ). 4. Value Sensitive Design and Information Systems ( Batya Friedman, Peter H. Kahn, and Alan Borning ). PART II: THEORETICAL ISSUES AFFECTING PROPERTY, PRIVACY, ANONYMITY, AND SECURITY. 5. Personality-Based, Rule Utilitarian, and Lockean Justifications of Intellectual Property ( Adam D. Moore). 6. Informational Privacy: Concepts, Theories, and Controversies ( Herman T. Tavani ). 7. Online Anonymity ( Kathleen A. Wallace ). 8. Ethical Issues Involving Computer Security: Hacking, Hacktivism, and Counterhacking ( Kenneth Einar Himma ). PART III: PROFESSIONAL ISSUES AND THE INFORMATION-RELATED PROFESSIONS . 9. Information Ethics and the Library Profession ( Kay Mathiesen and Don Fallis ). 10. Ethical Interest in Free and Open Source Software ( Frances S. Grodzin sky and Marty J. Wolf ). 11. Internet Research Ethics: The Field and its Critical Issues ( Elizabeth A. Buchanan and Charles Ess ). 12. Health Information Technology: Challenges in Ethics, Science, and Uncertainty ( Kenneth W. Goodman ). 13. Ethical Issues of Information and Business ( Bernd Carsten Stahl ). PART IV: RESPONSIBILITY ISSUES AND RISK ASSESSMENT . 14. Responsibilities for Information on the Internet ( Anton Vedder ). 15. Virtual Reality and Computer Simulation ( Philip Brey ). 16. Genetic Information: Epistemological and Ethical Issues ( Antonio Marturano ). 17. The Ethics of Cyber Conflict ( Dorothy E. Denning ). 18. A Practical Mechanism for Ethical Risk Assessment - A SoDIS Inspection ( Don Gotterbarn, Tony Clear, and Choon-Tuck Kwan ). PART V: REGULATORY ISSUES AND CHALLENGES . 19. Regulation and Governance on the Internet ( John Weckert and Yeslam Al-Saggaf ). 20. Information Overload ( David M. Levy ). 21. Email Spam ( Keith W. Miller and James H. Moor ). 22. The Matter of Plagiarism: What, Why, and If ( John Snapper ). 23. Intellectual Property: Legal and Moral Challenges of Online File Sharing ( Richard A. Spinello ). PART VI: ACCESS AND EQUITY ISSUES . 24. Censorship and Access to Information ( Kay Mathiesen). 25. The Gender Agenda in Computer Ethics ( Alison Adam ). 26. The Digital Divide: Perspective for the Future ( Maria Canellopoulou-Botti and Kenneth Einar Himma ). 27. Intercultural Information Ethics ( Rafael Capurro ). Index.

The Handbook of Information and Computer Ethics

Notes on the Contributors 1. Natural Law: The Classical Tradition 2. Natural Law: The Modern Tradition 3. Exclusive Legal Positivism 4. Inclusive Legal Positivism 5. Formalism 6. Adjudication 7. Constitutional and Statutory Interpretation 8. Methodology 9. Legal and Political Philosophy 10. Authority 11. Reasons 12. Rights 13. Law and Obligations 14. Responsibility 15. Philosophy of the Common Law 16. Philosophy of Private Law 17. Philosophy of Tort Law 18. Philosophy of Contract Law 19. Philosophy of Property Law 20. The Philosophy of Criminal Law 21. Philosophy of International Law 22. Law and Language 23. Law and Objectivity 24. Law, Sexual Orientation, and Gender Index

The Oxford handbook of jurisprudence and philosophy of law

In this essay, I describe and explain the standard accounts of agency, natural agency, artificial agency, and moral agency, as well as articulate what are widely taken to be the criteria for moral agency, supporting the contention that this is the standard account with citations from such widely used and respected professional resources as the Stanford Encyclopedia of Philosophy, Routledge Encyclopedia of Philosophy, and the Internet Encyclopedia of Philosophy. I then flesh out the implications of some of these well-settled theories with respect to the prerequisites that an ICT must satisfy in order to count as a moral agent accountable for its behavior. I argue that each of the various elements of the necessary conditions for moral agency presupposes consciousness, i.e., the capacity for inner subjective experience like that of pain or, as Nagel puts it, the possession of an internal something-of-which-it is-is-to-be-like. I ultimately conclude that the issue of whether artificial moral agency is possible depends on the issue of whether it is possible for ICTs to be conscious.

/pdf/artificial-agency-consciousness-and-the-criteria-for-moral-1vjpgqrgw6.pdf

Artificial agency, consciousness, and the criteria for moral agency: what properties must an artificial agent have to be a moral agent?

The amount of content, both on and offline, to which people in reasonably affluent nations have access has increased to the point that it has raised concerns that we are now suffering from a harmful condition of ?information overload.' Although the phrase is being used more frequently, the concept is not yet well understood --- beyond expressing the rather basic idea of having access to more information than is good for us. This essay attempts to provide a philosophical explication of the concept of information overload and is therefore what philosophers call ?conceptual analysis' --- a task that, along with normative ethical analysis, is distinctive to Anglo-American style analytic philosophy. I will begin with an analysis of the atomic concepts expressed by the terms ?information' and ?overload' and then attempt to give a philosophical explanation of the concept of information overload that more precisely identifies exactly what the condition amounts to.

The concept of information overload: A preliminary step in understanding the nature of a harmful information-related condition

While the Separability Thesis implies that there are no necessary moral criteria of legal validity, it leaves open the question of whether there are possible moral criteria of validity. Inclusive legal positivists (also known as soft positivists and incorporationists) believe there can be such criteria; that is, they believe there are conceptually possible legal systems in which the criteria for legal validity include (or incorporate) moral principles. Exclusive legal positivists (also known as hard positivists) deny there can be moral criteria of validity. Exclusive positivists claim the existence and content of law can always be determined by reference to social sources. This essay is an overview of the distinguishing commitments of positivism and inclusive positivism; it describes and evaluates some of the most influential criticisms of inclusive positivism.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID928098_code328842.pdf?abstractid=928098&mirid=4

Kenneth Einar Himma

Papers

The Handbook of Information and Computer Ethics

The Oxford handbook of jurisprudence and philosophy of law

Artificial agency, consciousness, and the criteria for moral agency: what properties must an artificial agent have to be a moral agent?

The concept of information overload: A preliminary step in understanding the nature of a harmful information-related condition

Inclusive Legal Positivism