This article argues that security is not enough to fully capture what is at stake in government exceptional access to encrypted data. A conception of privacy as security has little to say about ``lawful-surveillance protocols'' -- an active research agenda in cryptography that aims to enable government exceptional access without compromising systemic security. But the limitations are not contingent on the success of this agenda. The normative landscape today cannot be explained if security is all there is to privacy. And fundamental objections to Apple's abandoned client-side scanning system gesture beyond security. This article's contribution is modest: to show that there must be more to privacy than the security mold it has taken. A richer understanding is needed both to assess policy and to guide research on lawful-surveillance protocols.
Ana Karina Licodiedoff Baethgen, Felipe De Araújo Chersoni, Matheus Ferrari França Carreira
et al.
O presente trabalho tem como objetivo central apresentar a narrativa dos familiares de pessoas em situação de cárcere durante a Pandemia da Covid-19 no sistema prisional de São Paulo. Estruturado em três seções, o texto enfatiza o problema do grande encarceramento. Em seguida, aponta as consequências desse grande encarceramento em período pandêmico e, por fim, destaca as narrativas desses familiares. Concluímos que, durante a pandemia, as mazelas e extensões da punição se tornaram infinitamente maiores, não somente para as pessoas em situação de cárcere, mas também para os familiares.
Jurisprudence. Philosophy and theory of law, Political institutions and public administration (General)
The issue of joint property or shared assets (harta gono-gini) is actually a legal area that has not been fully explored, a domain open to ijtihad. The concept of joint property and all its details are not found in the studies of medieval Islamic jurisprudence (fiqh) or classical fiqh. The concepts surrounding joint property have continued to develop and are crucial to be discussed in contemporary studies. The urgent aspect to be researched is the model of managing marital property and the application of the principle of balanced justice in the distribution of marital property within the context of fiqh munakahat and marriage agreements in Islamic law. The research model used is normative juridical with a legislative approach and a conceptual approach. Thus, the result is that joint property, based on qiyas, can be managed through a marriage agreement. If not specified in the marriage agreement, then using the principle of balanced justice found in Islamic inheritance law.
Private international law. Conflict of laws, Jurisprudence. Philosophy and theory of law
This book is a philosopher's introduction to the idea that our universe is just one of many universes. I present and assess three versions of the idea: one version from philosophy, and two from physics. In short, they are: all the logically possible worlds; all the branches of the quantum state, in an Everettian interpretation of quantum theory; and all the bubbles of inflationary cosmology. For each proposal, I choose one main philosophical question to discuss in depth. They are, respectively: what is a possible world; what is chance; and what is explanation. But before treating these proposals and their associated questions, I set the stage by reviewing physics and philosophy from about 1600 to about 1900; and a final Chapter compares and contrasts the proposals.
Philosophy-informed machine learning (PhIML) directly infuses core ideas from analytic philosophy into ML model architectures, objectives, and evaluation protocols. Therefore, PhIML promises new capabilities through models that respect philosophical concepts and values by design. From this lens, this paper reviews conceptual foundations to demonstrate philosophical gains and alignment. In addition, we present case studies on how ML users/designers can adopt PhIML as an agnostic post-hoc tool or intrinsically build it into ML model architectures. Finally, this paper sheds light on open technical barriers alongside philosophical, practical, and governance challenges and outlines a research roadmap toward safe, philosophy-aware, and ethically responsible PhIML.
Large language models (LLMs) demand substantial computational and memory resources, creating deployment challenges. Quantization-aware training (QAT) addresses these challenges by reducing model precision while maintaining performance. However, the scaling behavior of QAT, especially at 4-bit precision (W4A4), is not well understood. Existing QAT scaling laws often ignore key factors such as the number of training tokens and quantization granularity, which limits their applicability. This paper proposes a unified scaling law for QAT that models quantization error as a function of model size, training data volume, and quantization group size. Through 268 QAT experiments, we show that quantization error decreases as model size increases, but rises with more training tokens and coarser quantization granularity. To identify the sources of W4A4 quantization error, we decompose it into weight and activation components. Both components follow the overall trend of W4A4 quantization error, but with different sensitivities. Specifically, weight quantization error increases more rapidly with more training tokens. Further analysis shows that the activation quantization error in the FC2 layer, caused by outliers, is the primary bottleneck of W4A4 QAT quantization error. By applying mixed-precision quantization to address this bottleneck, we demonstrate that weight and activation quantization errors can converge to similar levels. Additionally, with more training data, weight quantization error eventually exceeds activation quantization error, suggesting that reducing weight quantization error is also important in such scenarios. These findings offer key insights for improving QAT research and development.
The integration of the history and philosophy of statistics was initiated at least by Hacking (1975) and advanced by Hacking (1990), Mayo (1996), and Zabell (2005), but it has not received sustained follow-up. Yet such integration is more urgent than ever, as the recent success of artificial intelligence has been driven largely by machine learning -- a field historically developed alongside statistics. Today, the boundary between statistics and machine learning is increasingly blurred. What we now need is integration, twice over: of history and philosophy, and of two fields they engage -- statistics and machine learning. I present a case study of a philosophical idea in machine learning (and in formal epistemology) whose root can be traced back to an often under-appreciated insight in Neyman and Pearson's 1936 work (a follow-up to their 1933 classic). This leads to the articulation of an epistemological principle -- largely implicit in, but shared by, the practices of frequentist statistics and machine learning -- which I call achievabilism: the thesis that the correct standard for assessing non-deductive inference methods should not be fixed, but should instead be sensitive to what is achievable in specific problem contexts. Another integration also emerges at the level of methodology, combining two ends of the philosophy of science spectrum: history and philosophy of science on the one hand, and formal epistemology on the other hand.
One of the most fundamental questions in general jurisprudence concerns what makes it the case that the law has the content that it does. It is the job of theories of legal content to provide answers. This article offers a novel positivist theory of legal content. According to the theory it calls “principled positivism,” legal practices ground legal principles, and legal principles determine legal rules. This two-level account of the determination of legal content differs from Hart’s celebrated theory in two essential respects: in relaxing Hart’s requirement that fundamental legal notions depend on judicial consensus; and in assigning weighted contributory legal norms—“principles”—an essential role in the determination of legal rights, duties, powers, and permissions. Drawing on concrete examples from American statutory and constitutional law, the article shows how the version of positivism that it introduces and defends betters Hart’s in meeting the most formidable challenges to positivism that Dworkin marshaled. The article also explains why the revisions it advances matter, legally as well as philosophically.
This study aims to examine the bambu gila dance as a potential intellectual property for traditional cultural expressions in Maluku which should receive legal protection as part of efforts to defend cultural heritage from claims of ownership by other parties or other countries. Bambu Gila Dance is one of the famous traditional arts from Maluku. The traditional cultural expression in the form of the Bambu Gila dance is expressly protected by the Indonesian intellectual property rights system. However, protection for Bambu Gila Dance as a traditional cultural expression cannot be realized so that it can only be used by other parties illegally. This research is a normative juridical research supported by primary legal materials and secondary legal materials with a conceptual approach and statutory approach. Legal protection for the traditional Bambu Gila dance from Maluku Province has not been effectively implemented, both based on Article 38 of Law Number 28 of 2014 Concerning Copyright, as well as in terms of the actions of government officials who have not been able to inventory traditional dance performance artworks as an expression traditional culture in Maluku including the Bambu Gila Dance. The role of the Provincial and Regency Governments in Maluku is crucial in realizing legal protection for traditional dances, including the Bambu Gila Dance, as intangible cultural heritage through the establishment of regional regulations. These regulations serve as legal basic to provide legal certainty as part of efforts for preventive legal protection for the Bambu Gila Dance.
Private international law. Conflict of laws, Jurisprudence. Philosophy and theory of law
Abstract
Il contributo si propone di evidenziare l’idea di benessere e salute, intese non più e non soltanto come aumento del life span, cioè della durata della vita, ma come incremento di tutti i fattori che possono potenziare un invecchiamento di qualità. Un impegno che la scienza, la ricerca e le Istituzioni, hanno assunto come dovere verso una popolazione, come quella italiana, sempre più longeva. In particolare si fa riferimento al ruolo che in questo ambito fornisce l’attività fisica ed in particolare quella adattata, in relazione a quelle categorie di persone con fattori di rischio di diversa entità. Viene considerata l’attuale conduzione di tali strategie e in particolare il ruolo di una figura professionale sempre più specializzata e formata in ambito Universitario, il Chinesiologo delle attività motorie preventive e adattate (LM-67)
Abstract
The contribution aims to emphasize the concept of well-being and health, understood not only as an increase in life expectancy but as an enhancement of all the factors that can improve the quality of aging. This commitment has been taken on by science, research, and institutions as a duty toward an increasingly long-lived population, such as the Italian one. In particular, it highlights the role of physical activity in this context, with a special focus on adapted physical activity for individuals with varying degrees of risk factors. The current management of these strategies is considered, especially the role of a highly specialized professional figure trained in the academic setting:the Chinesiologo of Preventive and Adapted Motor Activities (LM-67).
The relevance of the topic of this paper is due to the insufficient study of the problems of the legal realism in the modern philosophy of law. The problem of substantiating the thesis of the social grounds of the court practice on the basis of rational argumentation of scientists and legal realists arguments considered in the paper. The subject of the research is to analyze the methods of legal argumentation in the works of representatives of the legal realism. The purpose of the work is to theoretically reconstruct the essence of the debate on the nature of legal realism in the field of legal epistemology naturalization. The novelty of the topic is due to the lack of studies in the educational and scientific literature on the specifics of the argumentation of legal realism, set out in the scientific works of Brian Leiter, the need to rethink traditional ideas about the theory of legal realism. The research methods used in the paper is the methods characteristic of analytical jurisprudence, including those related to the use of methods of logical and linguistic analysis, as well as special legal methods (formal legal method of interpretation of regulatory prescriptions). The main conclusions of the paper are to reveal the key arguments of the legal realism conception. It is proved that from the point of view of this concept, the law has social grounds, and judges in some cases use sociological reasoning when making court decisions.
The legal scholar and critical theorist Jeanne Lorraine Schroeder applied a unique interdisciplinary approach to the philosophy of law which uses linguistically driven Lacanian psychoanalysis, more precisely the theory of four discourses, as well as critical theories about the relationship of ideology and critique, to examine values, subjective roles and tendencies in scholarship which in jurisprudence correspond to the four discourses: the master's, hysteric's, university's and the analyst's. Through this approach, she investigates, among other issues, the relationship of morality with positive law and policy. Our thesis in this paper is that we can analogously apply Schroeder's perspective to business and economics, announcing potential innovations in psychoanalytically and linguistically informed interdisciplinary studies in the philosophy of business. Besides the most relevant subjective roles, we look at how this approach applies to some of the most prominent theories on the social responsibility of businesses. Towards the end, we address the language of marketing in advertising and other forms of promotion to see how our novel interdisciplinary approach may lead to improvements in consumer advocacy and much more effective moral criticisms of marketing policies.
The proposed article introduces the reader to the socio-philosophical analysis of the essence and content of legal consciousness. It is one of the important elements of the modern legal system of the Russian Federation. This article can be used as scientific material, as a recommendation to the doctoral candidates, postgraduate students, attendees and students studying in various fields (specialties) and studying disciplines containing problems of the history and philosophy of science and theory of state and law, as well as lectures and specialists working in the field of philosophy and jurisprudence.
In global jurisprudence and legal theory, we are currently observing a renaissance of interest in the thought of Ronald Dworkin, an outstanding legal philosopher, lawyer and humanist with an incredible sense of justice. There is still debate over the practical application of integral legal philosophy. Dworkin’s philosophy marks the “third way” in the dispute between legal positivism and the natural law approach. Using Dworkin’s concept of law, an attempt can be made to answer the question to what extent can the conscience of a person holding the office of a judge influence the process of making/applying law? The desire to look for positive patterns of creating and reforming law pushes us to analyze recent changes through the prism of Dworkin’s philosophy. The previous years have revealed to us a universal value and feature of our legal system a judge who interprets the law becomes the central figure of legal culture.
Hazar Kusmayanti, Dede Kania, Ramalinggam Rajamanickam
et al.
The position of children out of marriage in everyday life by some people is seen as low, on the other hand in terms of welfare and civil rights still get limitations. This research focuses on the implementation of Constitutional Court Decision No. 46/ PUU-VIII /2010 on illegitimate children of Indonesian Women Workers. The research confirmed that the addition of Article 43 paragraph (1) made by the Constitutional Court through Decision No. 46/PUU-VIII/2010 is not only limited to the right to protection but has a very broad meaning that also includes illegitimate children born to Indonesian Women Workers. In accordance with the principle of equality before the law, the law must provide fair protection and legal certainty. The findings of this study revealed that illegitimate children of migrant workers can obtain constitutional rights as Indonesian citizens adhering to the principles of the rule of law. Therefore, the Constitutional Court’s decision does not only affect children’s inheritance rights, but also has implications for guaranteeing and protecting illegitimate children born to migrant workers, such as the right to earn a living, guardianship rights, and the right to get child support from a biological father.
Islamic law, Jurisprudence. Philosophy and theory of law
The aim of the current research is to critically investigate and compare Kant's philosophy with the fundamental issues of public rights in Kant's philosophy, including State and Freedom. The research method hired here is descriptive-analytical and the results finally have depicted that for Kant, the idea of law is a fundamental part of his political philosophy. Law was considered as a concept representing the principle of validity in his regards. Therefore, Law is preconceived as a concept of the human mind so that sucha concept cannot be inferred from any external experience. Instead, the human mind discovers it as a necessary condition without which nothing can be properly explainedor understood. Although, “Law” is known by different names and lexicon in different branches of philosophy. Regarding the foundations of State legitimacy from Kant's point of view, it can be elaborated that Kant's desired political system, as he referred it to a republic, as system that is based on the former principles of wisdom such as freedom, independence and equality, moreover, the laws and the issue of their legitimacy in this system are under a decisive position, which has a deep connection with the concept of right that arose from Kant's moral philosophy. The system of representation and the principle of separation of powers are two other basic components of Kant's republican system, which along with the constitution tries to keep the political society safe from tyranny and protect the principles of freedom, equality and independence. Thus, according to Kant’s idea, laws and principlesof public law are all a means guaranteeing the freedom and rights of individualsfrom the “State”. Laws aforementioned, are also effective in realizing a fair and complete administration within a state. In this context, Kant supports the form of the republic in the Constitution. In the context of securing freedom at the level of international relations,Kant assigns duties to the government and states so such type of freedom should be corresponded according to the political laws of a republic state based on crucial political elements. The freedom mentioned, outside the borders is called universal rights. In general, Kant's political philosophy is compatible with the acceptance of various types oflaws. Emerging from natural rights, moral, political, and international rights, including international rights, are holistically and theoretically related to each other.
The aim of the current research is to investigate the different aspects of the principle of irresponsibility in the regulation of new media. The research method hired here, is descriptive-analytical and the results indicate that most of the researches having considered the issue of irresponsibility of social media have examined and concluded this issue from the view of the relationship of social media to the behavior of users within the media atmosphere. where some referred to paragraph 10 of article 2 of the resolution of the Supreme Council of Cyberspace regarding the policies and actions of social messengers, which states: "The responsibility for the actions of users in Social networks are the responsibility of the users and the providers of social messaging services are obliged to cooperate with the authorized authorities within the framework of the laws and regulations of the territory", they emphasize vividly on this issue. While presenting an all-inclusive theory regarding the responsibility of new media, along users, it depends on focusingother aspects of the media and analyzing their relations with the state, government,other social media and businesses under supervision of it. Also, in the approval of theHigh Commission for the regulation of policies and major requirements of supporting competition and dealing with the monopoly of cyberspace platforms, other aspects of the market considered. Ignoring the issue aforementioned will lead to the presentation of a theory that may have harmful results culturally, economically and politically. To cut the story short, the aspects are as follows: the responsibility of new media towards the behavior of entire users, and the responsibility of new media towards the national government. The premise of this article is to provide a policy recommendation for the regulation of media on the basis of correct analysis regards to the effective components in the relationship between the new media and the above issues. Considering the political economy, political sociology and comparative studies reflects that in other countries over the universe, such ways have to be paved and must be desired by decision makers.
The article is devoted to the the natural law school certain provisions coverage indicating its connection with the activity based approach in jurisprudence and is the basis for the legal phenomena and processes epistemology by means of activity based theory. Attention is paid to the importance of researching the “compatibility” of law understanding various types, aspects of their interaction and possible conflicts. The undeveloped theory of activity as a jurisprudence component is indicated as a factor of insufficient research of the problems. The aim of the article is to cover possible aspects of interconnection between the activity based theory as a jurisprudence component and the school of natural law. The methodological provisions determining the content of the study were as follows: the term “natural understanding of law” (natural type of law understanding; natural school of law) –it is not a single holistic theory, but a number of concepts related to the essential perception of law not as a prescriptive text, reflecting the will of public authorities, but as such a public relations regulator that meets the requirements of justice; is based on human rights, has a close connection with morality; activity based theory is considered as a system of knowledge that allows to interpret legal phenomena and processes based on the relationship of law and human activity, which, on the one hand, is a factor in the formation and development of law, and, on the other hand, law is a means of regulating human activity (jurisprudence activity based theory can be a means of interpreting legal phenomena as dynamic phenomena). The social nature of law stipulates the variability of lawthat should correspond to the relations governed by legal norms. Jurisprudence activity based theory allows to find out the origin, and functioning of legal phenomena and trends in their development. Some provisions of the doctrines of law of such thinkers as I. Kant, B. Leoni, L. Fuller, R. Alexi, and R. Dworkin are described. It is concluded that the described concepts of law of different lawyers, reflecting the axiological, essential characteristics of the natural type of law understanding (it is about the moral aspect of law, the impossibility of immoral law existance, human dignity as the basis of law, etc.). Lawyers’ activity, the activity of judges, particularly,is indicated as the means of “formalization” of law. Legal activity is a factor in the acquisition of the “official” nature by law. The characteristics given above indicate the possible aspect of using the activity based theory provisions as a jurisprudence component, by which the legal activity is.
El texto es un análisis crítico del libro La tiranía del mérito de Michael Sandel sobre la base del contraste conceptual distopía/utopía. En la primera sección se describen los tres elementos que constituirían la distopía meritocrática, que según Sandel, devino realidad en nuestro tiempo. En la segunda sección se da cuenta de dos alternativas que Sandel opone a la meritocracia: el neoliberalismo y el liberalismo igualitario, y se añade la alternativa socialista. Luego, se describen los aspectos constructivos de su libro. Finalmente, se subrayan algunas críticas a la propuesta sandeliana, especialmente algunos aspectos que parecen arbitrarios.
Law in general. Comparative and uniform law. Jurisprudence, Jurisprudence. Philosophy and theory of law