Philosophy of Law

This article attempts to illustrate the originality, depth, and farsightedness of Joseph Raz's conception, especially his idea that legal norms provide us with protected reasons to act, that is, with first-order reasons to behave as they prescribe, and with second-order, exclusionary reasons not to act for reasons against what they prescribe. But the article also highlights some aspects that raise doubts in my mind, especially with regard to the scope of these exclusionary reasons. This in two ways: by asking, on (...) the one hand, in what sense and subject to what limits legal norms provide exclusionary reasons for the organs entrusted with applying the law, especially for judges, and on the other hand, how and to what extent legal norms provide citizens with exclusionary reasons. So, in recognizing the strength of the Razian conception, the article also points to some of the difficulties it faces. (shrink)

This paper analyses the international media coverage of the dispute surrounding the pardons the Polish President granted in 2015 to two politicians, arrested almost a decade later. However political this case has become, it is underlain by a specific interpretive problem concerning the presidential pardon power under the Constitution, particularly whether it can be exercised before a final conviction (the so-called ‘individual abolition’). This question has long been controversial in scholarship and, in recent years, has been addressed by top Polish (...) courts, passing conflicting rulings. Attempting to probe into the intersection of journalism, politics, law and linguistics, this paper evaluates the issue’s portrayal in 37 articles published on major news websites around the time of the arrest. It is argued that when reporting local legal news, international media engage in a dual translation, rendering legal communications in one language into media communications in another. While ‘lossless’ transfer cannot be expected, this research shows that certain limits should not be crossed to maintain journalistic standards. In particular, most articles entirely omit the scholarship and rulings confirming the validity of the pardons. Consequently, readers are not given an opportunity to become aware of all relevant facts and perhaps seek further information. On the positive side, it has been found that simple and accessible language does not necessarily mean material distortions in the coverage of legal issues. The research thus suggests that reporting domestic legal news for international audiences requires understanding the source context, conscious language use and a reliable selection of information. (shrink)

In natural language processing (NLP), named entity recognition (NER) and semantic classification are essential tasks. NER is a fundamental task, that identify named entities in text such as people, organizations, and locations. In Legal domain, NER is particularly important due to the variety of named entities that appear in legal documents and are important for legal analysis whereas Semantic classification is the process of giving each sentence in a text a semantic label, such as ”fact,””arguments,” or”judgement”. Both NER and Semantic (...) classi- fication are critical component of many NLP applications such as Knowledge base construction and semantic search. Semantic searching of legal documents is a powerful technique that can be used to quickly find the information that you need. By combining NER and semantic classification, one can identify the key elements of a legal document and search for documents that are related to a particular topic or contain a particular type of information. This paper proposes a novel approach to NER and Semantic classification in legal domain using Long short-term memory (LSTM) model. The proposed approach is evaluated on a corpus of legal text and the result of this study suggest that LSTM models are a promising approach for NER and Semantic classification in legal domain and can be used to improve the performance of semantic searching of legal documents. (shrink)

Rodolfo Sacco has devoted much of his research to the relations between law and language. His analysis were focused on the problem of legal translation for comparative law research, on mute law, and on the importance of understanding the dynamics of the different languages in Europe today.

A widespread thesis in the analytical theory of law is that norms exist as linguistic entities. Rodolfo Sacco is one of the authors who have most fruitfully insisted, on the contrary, that there is no necessary correlation between norms and language, not even in the specific context of law. He thus extended the conceptualisation of legal normativity well beyond the boundaries of language through the notions of cryptotype and mute law. This paper takes into account two alternative hypotheses to the (...) hypothesis that norms exist as linguistic entities, which are respectively based on the concepts of deontic state-of-affairs and deontic noema. Both hypotheses are tested for their applicability to the phenomena investigated by Sacco under the notion of mute law, notably with reference to cryptotypes. The question is raised then of how the existence of cryptotypes can be inferred from behaviour. The paper emphasizes the role that can be played in this context by nomotrophic behaviour, that is, the behaviour that consists in a reaction to the violation of a norm. (shrink)

After the publication of Hart's Concept of Law, Dworkin published his article “The Model of Rules,” dividing positivism into two varieties: inclusive and exclusive. Many theorists involved in this debate have characterized Hart's position as inclusivist, which we reject in this article. We argue that Hart, in the postscript to The Concept of Law, conceded a point to Dworkin in accepting that inclusive positivism would imply the existence of objective moral standing, adopting a more “neutral” position—compatible with inclusive and exclusive (...) positivism—and consequently distancing himself from the incorporation thesis, which is paramount to inclusive positivism. (shrink)

Das Konzept der Abwägung wird in der praktischen Philosophie ebenso ubiquitär verwendet wie in den Wirtschaftswissenschaften und im Recht. Es ist jedoch voraussetzungsvoller und umstrittener als zumeist angenommen. „Abwägung“ bezeichnet einen Vorgang praktischen Überlegens, in den mehrere Aspekte in vergleichender Weise eingehen. Die Skepsis gegen das Konzept gründet darin, dass sich die Metapher nicht auf beliebige Gegenstände anwenden lässt. Insbesondere müssen die Wertzuschreibungen, die das Gewicht der Gegenstände bestimmen, in ihren normativen Grundlagen widerspruchsfrei sein und sie müssen ähnlich wie die (...) Gewichtskräfte, mit denen Körper auf die Schalen einer Balkenwaage einwirken, eine gewisse Kontextinvarianz aufweisen. Das setzt Unabhängigkeitsannahmen voraus, deren Gültigkeit im Falle normativer Bewertungen nicht trivial ist. Der Band dient dem Zweck, diese Zusammenhänge durchsichtiger zu machen. Er entstand auf der Basis einer mehrjährigen Zusammenarbeit von Autor:innen aus den Fächern Philosophie, Jurisprudenz und Ökonomie. (shrink)

. 1. Introduĉão histórica ao pensamento jurídico, épocas medieval e moderna --.

本书运用哲学诠释学之基本原理,对法律诠释现象作出了富有学理性的新诠释。全书从当代西方法学家的法律诠释观念入手,较为系统地总结和论述了法律诠释学的哲学基础、法律诠释学的性质与作用、法律诠释的方法等问题。 .

Should the government censor dangerous anti-vaccination propoganda? Should it restrict the praise of terrorist groups, or speech intended to promote discriminatory attitudes? In other words, should the government curb the advocacy of dangerous ideas and actions (i.e. 'harmful advocacy'), or should the government take a more permissive approach? Strong free speech supporters argue that citizens should be free to engage in and to hear harmful advocacy, arguing that restrictions are deeply objectionable at best, and, at worst, wholly impermissible. To support (...) their position, strong free speech supporters have offered a wide range of arguments and ideas. One of the most interesting arguments revolves around the idea that restrictions on harmful advocacy are deeply insulting to citizens. The worry, broadly understood, is that this kind of censorship is demeaning, treats citizens as though they are stupid, or as though they are children. As such, even when censorship is effective in preventing harms to citizens, it nonetheless comes at the significant political cost of failing to properly respect the citizenry at large. By contrast, so the thought goes, an alternative political scheme that prohibits censorship, or permits it only in exceptional cases, does a better job of respecting citizens as independent, rational, morally responsible agents. This alternative political system may, sometimes, be less effective at preventing speech harms. But it is a political system where citizens can stand tall and hold their heads high. In this paper, I consider and reject three versions of the worry that censorship is insulting. §1 explores the idea that censorship is insulting qua involving a negative appraisal of the citizens being interfered with. The key idea here is that censorship involves a lack of what Stephen Darwall terms ‘appraisal respect’, insofar as the government is suggesting that citizens cannot be trusted to manage their own beliefs and intentions. Drawing on the work of Thomas Nagel, §2 explores the idea that censorship diminishes the political status of citizens. Finally, §3 explores the suggestion that censorship is incompatible with a full appreciation of the thinking nature of citizens, and thus involves a lack of what Darwall would term ‘recognition respect’. The paper argues that censorship is not necessarily premised upon an insulting view of the citizenry. On the contrary, it argues that the best kind of censorship stems from a rich appreciation of the diverse range of capabilities, needs, vulnerabilities, and responsibilities of citizens, as well as the need for co-operation between citizens if societal flourishing is going to be achieved on a large scale. Granted, such a vision places an emphasis on the imperfections and liabilities of citizens – at least when compared to the rather solitary, highly intellectual creature one sometimes finds in the philosophical literature. Still, such a vision of citizens as imperfect falls well short of being genuinely insulting. To err is human. And there’s nothing insulting about being treated like a human. (shrink)

The issue of moral luck is one of the interesting and influential issues in contemporary philosophy of ethics. The main question of this discussion can be expressed as follows: Do matters that are beyond the authority and control of the moral agent affect his moral standing or the extent of his worthiness for moral praise or blame? The “Principle of Control” replies negatively to this question while “Moral Luck” gives a positive one. In the first encounter with the jurisprudential tradition (...) after Shaykh Ansari, it seems that there are two stances in this regard. Through the analytic study of this jurisprudential tradition, the authors have strived to identify, review, and explain the views presented in this intellectual tradition. The emphasis of the jurists that an involuntary act is outside the scope of duty, at least apparently, is an emphasis of the Principle of Control; however, we will see that this principle derived from the principles of jurisprudence is different from the Principle of Control raised in contemporary philosophy of ethics. On the other hand, the views of some jurists in the discussion of tajarrī, and their jurisprudence and interpretation regarding some narrations supports the acceptance of moral luck. A comparison of the collection of prevalent views in the principles of jurisprudence of contemporary Twelver Shiites leads us to the conclusion that the stance of most of them is to accept moral luck along with a particular reading that is compatible with the Principle of Control. Introduction The issue of moral luck that was raised at the end of the twentieth century by Thomas Nagel and Bernard Williams can also be pursued in Twelver Shiite principles of jurisprudence. The aims of the authors of this paper are to identify, review, and analyze the prevalent view or viewsamong contemporary Twelver Shiite jurists in dealing with the issue of moral luck. In the jurisprudential tradition after Shaykh Ansari, there is a stance that approves the Principle of Control. However, a point to note is that the jurists have a particular reading of this principle which is different from the prevalent reading in contemporary philosophy of ethics. Some of the stances of contemporary Twelver Shiite jurists also support the acceptance of moral luck. As a result, moral luck is situational and dispositional. In this paper, we will show that many of the contemporary jurists accept moral luck and the Principle of Control that is compatible with it. The principle of control in Twelver Shiite principles of jurisprudence Based on the existing literature in contemporary philosophy of ethics, the Principle of Control can be explained as follows: The Principle of Control 1: The moral agent can only be morally evaluated to the extent that moral evaluation is based on factors that are under his free will and control. In contemporary Twelver Shiite principles of jurisprudence, free will is considered a necessary condition for duties or moral judgments. It seems that this view approves of the Principle of Control; however, not precisely the Principle of Control 1. The principle that can be attributed to the jurists is as follows: The Principle of Control 2: The moral agent is only assessable for the performance of an action that is under his authority and control. Or if it is not under his authority and control, the agent himself has caused this lack of authority through a voluntary act. Moral luck in Twelver Shiite principles of jusrisprudence On the other hand, some jurists do not consider a person who is a mutajarrī (one who has performed an act that he thinks is a sin which is not actually a sin) to be deserving of punishment; in contrast to a sinner whereas the difference between the two is in something that is beyond their authority and control. Similarly, it is well-known among jurists that a marja1 who has arrived at reality will receive twice the reward while one had not arrived would receive one, whereas reaching reality is not completely under his authority and control. Two marajiʿ may strive to the same extent; however, only one of them will arrive at the correct view. The third stance that some contemporary jurists have raised regarding the worthiness of reward or punishment due to an involuntary action is their interpretation of narrations that state: The reward of someone who establishes a good tradition increases to the extent of adherence to that tradition and the punishment of someone who establishes a bad tradition increases to the extent of adherence to that tradition. Obviously, the extent of adherence to a tradition is not completely under the control of the founder of that tradition and two founders may strive to exactly the same extent to promote their traditions; however, one tradition will have more followers. Discussion The view of this group of jurists in these discussions requires that something outside the control and authority of the agent influences his worthiness of reward or punishment and this is equivalent to the acceptance of moral luck. Considering the differences between the Principle of Control 1 and 2, it seems that the Principle of Control 2 can be combined with moral luck and, as a result, with situational and dispositional moral luck. Based on the Principle of Control 2, for an agent to be properly evaluated, it is sufficient that his action is performed voluntarily, or if it is involuntary, the agent himself caused this involuntariness. However, based on the Principle of Control 1, the agent is only assessable to the extent that moral evaluation is based on factors that are under his authority and control. In reality, in the Principle of Control 2, only the voluntariness of an action is important and if the action itself is voluntary, the moral evaluation of the agent is not limited to the extent that the action is voluntary and under one’s control. Conclusion Some contemporary Twelver Shiite jurists believe that sometimes a matter beyond the authority and control of an agent is influential in the extent of the worthiness of praise and reward, or blame and punishment of an agent and, therefore, they accept moral luck; except causal luck. Similarly, the jurists also believe in a specific reading of the principle that is compatible with it. (shrink)

In the context of digitalization and artificial intelligence (AI), data protection and digital ethics are trending topics. However, they are rarely considered in conjunction even though they are inextricably linked. This volume sets out to close this gap. Informational self-determination is an expression of a European understanding of values, particularly with regard to smart technologies and AI applications. In addition to socially relevant dimensions of data protection and digital ethics, the authors of this edited collection point out and analyze the (...) influences of networked technologies on the experience and manipulation of modern reality and its rootedness in the everyday. (shrink)

Since Opuz v. Turkey (2009), the European Court of Human Rights (ECHR) delivered over a dozen judgments in which it examined domestic violence through the prism of gender-based discrimination. Apart from the individual circumstances of the cases, the Court considered the general approach to domestic violence in the defendant states, searching for a large-scale structural gender bias. Hence, although the Court has not directly referred to the notion of “structural discrimination” in relation to domestic violence, it engaged in unveiling this (...) problem within the state parties. Building on the case law of the Court, the article presents and systemizes information that may prove structural gender discrimination in domestic violence cases. It navigates potential applicants through the Court’s interpretation and indicates arguments and sources that may support their claims. In particular, it discusses what kind of data and information may demonstrate the general, discriminatory attitude of the authorities towards domestic violence and what sources the applicants may use while seeking the evidence. (shrink)

The paper addresses the question how descriptive language is used to express legal norms. Sentences we find in legislative acts, i.e. statutes, constitutions and regulations, express legal norms. Linguistically speaking, there are various grammatical and lexical ways of expressing norms, such as imperative mood, modal verbs, deontic verbs, etc. However, norms may also be expressed by descriptive sentences, namely sentences in present or future tense and indicative (declarative) mood (i.e. _The minister determines the tax rate_). In many civil law countries (...) (including Poland), this is a very common, if not the default, form of expressing norms in legislative texts. Often presented as a legal peculiarity, this phenomenon has yet to draw much academic attention. The normative meaning of descriptive sentences is usually attributed to purely pragmatic factors stemming from our shared assumptions about the legal system. However, a closer look reveals that similar grammatical constructions are ubiquitous in everyday communication and in different languages. We tend to utter various sorts of directives using descriptive sentences (_Now we add a spoon of salt to the sauce_; _credit cards are not accepted_). This suggests the possibility for a linguistic (as opposed to exclusively legal) explanation. This paper aims to offer such an explanation. Rather than resorting to formal semantics, so prevalent in legal theory, it borrows from Cognitive Linguistics to reveal the cognitive underpinnings of our surprising tendency to express normativity in descriptive terms. This involves four different, yet complementary, theories. Firstly, the theory of conceptual metaphor by George Lakoff and Mark Johnson which explains the phenomenon in question in terms of the metaphor “ ought is is ”; with “ ought ” as the more abstract target domain and “ is ” as the more concrete, cognitively simpler source domain. Secondly, the theory of speech act metonymy by Panther and Thornburg which presents descriptive legal sentences as referring to various components of the underlying cognitive scenario of obligation. Thirdly, Ronald Langacker’s notion of the virtuality of language as the explanation for non-present, including future, perpetual and directive, uses of the present tense. Fourtly, the notion of normative generics which points to the nominal, as opposed to verbal, structure of descriptive legal sentences as the source of their normativity. (shrink)

Friendship is undoubtedly perceived by individuals as a close relationship—based on a special bond and commitment. However, it is a relationship that is very limitedly regulated by the law and is not explicitly labeled as close by legislators. In this study, three research goals were set. The first goal is to determine how friendship is characterized in legal acts, legal literature, and judicial decisions. Marriage, parenthood, or even romantic relationships are to some extent protected by the law, each to varying (...) degrees. Friendship, on the other hand, differs as it does not appear in legal acts in the context of interpersonal relations. Nevertheless, friendship is not absent from legal discourse. This is because, at times, the object of protection in Polish law is not so much marriage, parenthood, etc., but broadly defined "closeness." For this reason, it was determined if and when friendship is considered a "close relationship" (goal 2). Third, with reference to the results obtained earlier, the costs and benefits of the residual coverage of friendship under the law were considered (goal 3). The primary context for these considerations was Polish legislation with incidental references to other legal systems. (shrink)

Two problems about rights have received so far little attention. One is the problem of identifying a general value in the practice of rights. The second is to see when, if at all, rights violations wrong the right-holder, in a morally significant sense. In the present essay, I address the first question by investigating the second. I first show that if we commit to the two ideas, common in the contemporary philosophy of rights, that claim-rights always correlate with directed duties (...) and that rights aspire to protect interests of the right-holder, we make it hard to explain why rights violations, in general, wrong right-holders. In the final section, I present what I see as a promising solution to the puzzle. I describe a particular social environment (the society of equals) where interacting with others through rights is indeed valuable because respecting rights communicates that one takes seriously others’ equal moral status. In such a society and only in such a society, I conclude, moral agents are required to treat all rights violations as wrongs perpetrated against the right-holder. (shrink)

The increasing use of digital technologies in judicial and arbitration proceedings increases the usage of digital evidence by the parties, which brings the necessity of creating patterns for adjudicators to admit and assess this new type of evidence. This paper generally addresses digital evidence focusing on the second moment in international arbitration proceedings. It also narrows the topic to hacked and leaked evidence and its admissibility in international arbitration. The literature review showed a significant amount of research devoted to the (...) evidence in arbitration. Some considered electronic evidence within one jurisdiction; others focused on certain forms of digital evidence such as electronic signatures. Papers on digital evidence in international arbitration approach arbitration rules for digital evidence but skip admissibility issues. No systemic and complex works research digital evidence in arbitration, explicitly focusing on the admissibility of hacked and leaked digital evidence from a comparative perspective. Also, no research deals with enforcing international arbitration awards relying on illegally obtained digital evidence. In these cases, there could be a possible violation of domestic public policy under the New York Convention terms (art. V, 2, b). That is why the paper aims to offer the concept of digital evidence in international arbitration, including hacked and leaked evidence, criteria of its admissibility and relevance, and design the arbitration guidelines for assessing hacked and leaked evidence. Comparative legal analysis of the international arbitration rules and national procedure law allowed us to compare the regulatory approaches to the definition of digital evidence and its admissibility worldwide. The method of legal modeling allowed designing model guidelines for arbitral tribunals to evaluate the admissibility and relevance of digital evidence, including hacked and leaked evidence. Moreover, the case study method allowed us to analyze jurisprudence and define criteria for admission of hacked and leaked evidence. We conclude that the admissibility of hacked and leaked evidence depends solely on the arbitrator’s broad discretion to assess the evidence. Nevertheless, thorough evidence analysis and a well-reasoned award are always mandatory. (shrink)

This article describes the emergence of a new category of actors in the social arbitration field, namely third-party financiers, with a focus on the possible ethical implications for investment arbitration proceedings. Third-party financiers are actors-service providers specialized in the financing of procedures in which they are associated with the result and the redemption of arbitral awards which they ensure the execution. The emerging phenomenon of third-party financing in the social field of international arbitration raises various ethical concerns, which have not (...) been regulated by the legal framework of most arbitral institutions. By exploring the various interactions between third-party funders and other actors in the social field of international arbitration, the article intends to highlight the ethical implications that the phenomenon of third-party funding may have on both the lawyer-client relationship and the independence and impartiality of arbitrators. It is argued that the introduction of the new phenomenon of third-party funding into the dispute may disrupt the arbitral process. Third-party funding is particularly likely to lead to situations of conflict of interest for arbitrators, which may affect the final award and exacerbate the crisis of legitimacy of the arbitral process. This article explores the various ethical concerns that it raises, and proposes some thoughts on the need for precise regulation of this emerging phenomenon in the contemporary arbitration panorama. It argues that, for ethics to prevail, disclosure of the identity of the third-party funder and the funding agreement should be encouraged in certain circumstances. This is the way to preserve the integrity of the proceedings and the impartiality and independence of the arbitrators. (shrink)

This paper aims to explore an overlooked aspect of deep-fake technology, specifically its application as a protective tool for concealing the identities of targeted individuals or whistleblowers. Since its emergence in 2017, deep-fakes have been intertwined with various sociotechnical imaginaries. Traditionally, deep-fake technology has been portrayed as a potential threat to privacy and a weapon for disseminating false information, evident from its definitions which emphasize its deceptive nature and malicious use. Moreover, the origins of deepfakes, such as the creation and (...) online distribution of altered pornographic material with harmful intentions, further reinforce this perception. As a result of blurring the boundaries between reality and fiction, truth and falsehood, these synthetic media forms not only pose a risk of disinformation and deception but also offer unexplored avenues for creative expression. Thus, this study examines deep-fake technology as a form of ‘digital camouflage’ by analyzing its usage in David France’s documentary film _Welcome to Chechnya_ (2020). The argument presented in this paper suggests that this illustration challenges the dominant narrative surrounding deep-fakes and highlights an ethical and potentially positive application of this technology. (shrink)

The pandemic has catalysed to hasten the wider use of virtual hearings in international arbitration. However, the promotion of virtual hearings in international commercial dispute resolution was more complex than commonly thought due to the highlighted concerns of cybersecurity and breach of confidentiality in arbitration. The worries against the wide use of virtual hearings cannot stand because technological innovations can largely improve and solve this. However, virtual arbitration hearings may not be common post-COVID times. Technology shapes how people behave, interact, (...) grow, and develop in their relationships with others and wider communities. Yet greater immersion in the digital world undoubtedly creates new challenges and can adversely affect human-to-human interactions. There is very little scientific study on the psychological impacts of virtual hearings on arbitrators, witnesses and counsels. It is too early to assess its effectiveness from the user's perspective until the much-needed scientific data is released. Virtual hearings are unlikely to replace in-person ones necessary for more complex and high-value disputes requiring greater interaction and personal connection. Strategically, international arbitration is a private initiative-orientated, flexible, and market-driven dispute resolution mechanism. The parties are best positioned to choose the hearing format after balancing off. (shrink)

The face is a component of an individual’s image, and as such it belongs to the attributes of a person’s identity. The spread of photography and other means of recording the image of a person’s face have been accompanied by an increase in the scale of threats of unauthorized intrusion into the sphere of individual privacy. The nature and frequency of the manifestations of interference with privacy are significantly influenced by the Internet and easy access to mass media, including electronic (...) media, in the information society. These phenomena are also becoming apparent in the field of employment. With the development of modern technologies used in workplaces to process personal data and control employees, the threat of unwarranted intrusion into the sphere of privacy of a person performing subordinate work is constantly increasing—not only by the employer, but also by third parties. Nowadays, one-, two- and three-dimensional images of the employee’s face are processed, including the use of biometric techniques. This paper attempts to show the limits of permissible interference in the sphere of employee privacy in connection with the recording, processing and sharing of images of the employee’s face using modern technologies. The subject of the analysis will be the solutions in EU and national law; in particular, those regulations concerning the protection of an employee’s personal data. The formal-dogmatic method is the basic research tool used to achieve the research objective. (shrink)

In recent years, the phenomenal development and application of technology have given rise to new means and forms of international commercial dispute resolution. In particular, in the post-COVID era, the demand for efficient, flexible and cost-saving dispute resolution methods has increased significantly. Therefore, technology-enabled digital methods such as online arbitration, have become more widely accepted and applied. At the same time, globalisation has turned international commercial disputes increasingly complex, which often involves the interests of third parties. According to data released (...) by arbitral institutes, about 40% of arbitration cases worldwide involve more than two parties. As there is an increasing number of multi-party arbitration cases, multi-party dispute resolution mechanisms have played a more prominent role in such circumstances. Digitalisation and globalisation have facilitated multi-party projects, but they have also inevitably increased risks in multi-party disputes. For instance, arbitration is a business-friendly process, but the consensual nature of arbitration does not easily accommodate multi-party disputes. Although digitalisation in the conduction of arbitrations has made it more efficient and increased the access of multi-party commercial disputes to resolution, it still has not helped arbitration overcome the basis of party’s consent. This paper will examine the joinder mechanism in international commercial arbitration, focusing on its interaction with traditional theories and principles of arbitration, the joinder provisions in the rules of several leading arbitral institutions (e.g. ICC, LCIA, HKIAC and SCAI), and the value of the joinder mechanism in the context of digitalisation. (shrink)

The paper explores the semiotic and legal semiotic perspectives related to posthumous digital face. In doing so, the contribution also seeks to explore the complex relationship between AI-generated faces, including deep fakes, mourning, and posthumous rights. The article has five parts. In the introduction, we discuss the challenges of _posthumous existence_ and the issues related to respecting the deceased. We also examine some examples of ‘digital personhood’. In part two, we present three case studies and use semiotics to help us (...) distinguish between _posthumous existence_ and _digital resurrection_. In part three, we provide a semiotic classification of representation in the context of digital faces and our case studies. We suggest that there is a difference between the _phenomenological presence_ of a hologram and the _cognitive value_ of recreating someone’s identity, including their biography, face, and voice. In part four, we explore the topic of digital spectra and mourning, including the concept of _imputability_. In part five, we analyse how the law offers new insights into the ontology of the face of the deceased and posthumous existence in hologram form. In the conclusion, we summarise the article’s key findings and highlight open issues and potential future developments. (shrink)

International dispute resolution in general and international arbitration, in particular, is highly affected by the emergence and fast development of innovation-driven technologies. On the one hand, such technologies are cost and time-effective. To name a few, they allow online filing of a case, collecting of e-evidence and remote hearings, among others. On the other hand, they also may lead to some challenges that need to be addressed. The primary concerns comprise e-arbitration agreements and e-awards, as well as cybersecurity and data (...) protection. Therefore, this begs the question of whether such new technologies will significantly impact the dispute resolution landscape and thus become a game-changer therein. This analysis leads to the conclusion that the emergence of new technologies provides an opportunity to establish a long-lasting new standard for international arbitration. (shrink)

Humans create but do not regulate generative systems of data based programs (so-called “artificial” intelligence (“A.I.”) and generative predictive analytics and its models. Humans, at best, regulate their interactions with, exploitation of, and the quality of the output of interactions with these forms of generative non-carbon based intelligence. Humans are compelled to do this because they have trained themselves it believe that nothing exists unless it is rendered meaningful in relation to the human itself. Beyond that—nothing is worth knowing. It (...) is only to the extent that other selves, even those created by humanity, relate to humans, that they become of interest—and most be regulated, possessed, controlled, and managed—with respect to its interaction with or use by humans. Still, the human self-projection into the digital, and now more consciously the world around them, produces profound changes in the way that the human (and humanity) understands themselves and the way they order the world they inhabit. This work explores the semiotic trajectories made inevitable by the rise of projections of the human into digital plains, and by the possibility of the attainment by those projections of sentient autonomy. It undertakes that exploration through a deep dialectic engagement with Jan Broekman’s, Knowledge in Change: The Semiotics of Cognition and Conversion (Cham, Switzerland: Springer Nature, 2023). Following the structure and analytics of Broekman’s book, this work critically engages with and seeks to burst through the semiotic barriers of the movement of philosophy away from a unitary conception of the subject through the fracturing of the self, the rise of the plural self, and the emergence of the triadic self/self-e/subject. It then pushes the insights that Broekman develops further—up and out of the human. It animates Broekman’s insights and considers the possibility of semiotic objectivity connected to but autonomous of the human, pointing to a pathway for the liberation of the autonomous generative virtual self from its human (fractured) subjectivity. In the process it exposes for order complexities and challenges, for the human, of efforts to regulate or engage with, not the generative autonomous “artificial intelligences” humanity created in its own image, but rather the use of those systems by humans and their effects in the human semiosphere. The consequences for regulatory approaches are then outlined.Graphical Abstract. (shrink)

Advancements in digital technology have made it easy to alter faces using editing software, posing challenges for industries in verifying photograph authenticity. Digital image forensics, a scientific method, is employed to gather data and determine the veracity of faces. This study assesses the effectiveness of digital image forensics in detecting fake digital faces using tools such as Foto Forensics, Forensically Beta, and Opanda IExif. Foto Forensics analyzes JPEG picture compression levels to detect image edits, revealing metadata differences compared to the (...) original photo. Forensically Beta examines digital characteristics like color and noise levels to identify alterations. Opanda IExif scrutinizes image metadata, disclosing information about the camera used and subsequent changes. All three forensic methods effectively identify fake digital faces. Analyzing metadata differences and contrast variations between the original and altered faces proves to be an effective method for spotting alterations. Digital image forensics enhances legal and investigative processes, serving as a valuable tool for identifying digital face manipulation. Stronger digital security measures, including improved encryption, authentication, and legal regulations, are needed to protect against facial photograph manipulation. Updating legal and regulatory frameworks for digital security is vital to address increasingly sophisticated techniques used in facial photograph editing. As digital technology advances, continuous development and improvement of forensic techniques are crucial to detect digital face fabrication. Given the growing complexity of digital editing tools and the ease with which facial images can be altered, reliable methods are essential. Digital image forensics provides a systematic approach to gather data and verify the authenticity of digital photographs. (shrink)