Social and Behavioral Sciences Commons^™

“Be A Pattern For The World”: The Development Of A Dark Patterns Detection Tool To Prevent Online User Loss, Jordan Donnelly, Alan Downley, Yunpeng Liu, Yufei Su, Quanwei Sun, Lan Zeng, Andrea Curley, Damian Gordon, Paul Kelly, Dympna O'Sullivan, Anna Becevel

Articles

Dark Patterns are designed to trick users into sharing more information or spending more money than they had intended to do, by configuring online interactions to confuse or add pressure to the users. They are highly varied in their form, and are therefore difficult to classify and detect. Therefore, this research is designed to develop a framework for the automated detection of potential instances of web-based dark patterns, and from there to develop a software tool that will provide a highly useful defensive tool that helps detect and highlight these patterns.

“It's So Normal, And … Meaningful.” Playing With Narrative, Artifacts, And Cultural Difference In Florence, Dheepa Sundaram, Owen Gottlieb

Articles

This article considers how player interactions with religious and ethnic markers, create

a globalized game space in the mobile game Florence (2018). Florence is a multiaward-

winning interactive novella game with story-integrated minigames that weave

play experiences into the narrative. The game, in part, explores love, loss, and

rejuvenation as relatable experiences. Simultaneously, the game produces a unique

experience for each player, as they can refract the game narrative through their own

cultural, identitarian lens. The game assumes the shared cultural space of the player,

the player-character (PC), and the non-player-character (NPC) while blurring the

boundaries between each of these …

An Ethical Discussion About The Responsibility For Protection Of Minors In The Digital Environment: A State-Of-The-Art Review, Charles Alves De Castro, Aiden Carthy, Isobel Oreilly Dr

Articles

Many ethical questions have been raised regarding the use of social media and the internet, mainly related to the protection of young people in the digital environment. In order to critically address the research question "who is responsible for ethically protecting minors in the digital environment?", this paper will review the main literature available to understand the role of parents, the government, and companies in protecting young people within the digital environment. We employed a holistic process that covers a state-of-the-art review and desk research. The article is divided into four sessions; (1) Government Policies from the European Union (EU) …

Feminist Ethics And Research With Women In Prison, Christina Quinlan, Lucy Baldwin, Natalie Booth

Articles

In this article, a new model, An Ethic of Empathy, is proposed as a guide for researchers, particularly new scholars to the discipline. This model emerged from the authors’ concerns regarding the application of ethics to studies that focus on the experience of female offenders in criminal justice systems. The key issue is the vulnerability of incarcerated and post-release women in relationship to the powerful status of social scientist researchers. The complexity of ethics in such research settings necessitates a particular ethical preparation, involving formation, reflection, understanding, commitment, care, and empathy. Three cases are outlined which document the authors’ ethical …

Calls For Change: Seeing Cancel Culture From A Multi-Level Perspective, Tomar Pierson-Brown

Articles

Transition Design offers a framework and employs an array of tools to engage with complexity. “Cancel culture” is a complex phenomenon that presents an opportunity for administrators in higher education to draw from the Transition Design approach in framing and responding to this trend. Faculty accused of or caught using racist, sexist, or homophobic speech are increasingly met with calls to lose their positions, titles, or other professional opportunities. Such calls for cancellation arise from discreet social networks organized around an identified lack of accountability for social transgressions carried out in the professional school environment. Much of the existing discourse …

Viii—Gambling On Others And Relying On Others, Nicolas Cornell

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Gambling on another person and relying on another person are similar but intuitively distinct phenomena. This paper argues that gambling is distinguished by the stance that it necessarily involves towards the bet-upon conduct. It then contends that, where one has gambled upon the conduct of another, one has no standing to complain against that person for losses that result. This small point may have significant implications for how we think about speculative economic losses.

The Data City, The Idiom And Questions Of Locality, Noel Fitzpatrick

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The paper aims to provide both a radical critique of the “smart city” as a techno-ideological apparatus,that through data analysis and algorithmic forms of governmentality tends to colonize space and time, and an attempt to reframe the very concept of intelligence within the smart cities. Two concepts are presented as tools for such a reframing: locality and idiom, where the first is conceived as openness of meaning generated by a territory, while the latter,analysed througha paradigmatic Irish example (Friel’s play Translations), prepares the ground for the pars construensof the paper. The claim, built by intertwining a set of authors (Ricoeur, …

Commonsense Consent, Roseanna Sommers

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Consent is a bedrock principle in democratic society and a primary means through which our law expresses its commitment to individual liberty. While there seems to be broad consensus that consent is important, little is known about what people think consent is. This Article undertakes an empirical investigation of people’s ordinary intuitions about when consent has been granted. Using techniques from moral psychology and experimental philosophy, it advances the core claim that most laypeople think consent is compatible with fraud, contradicting prevailing normative theories of consent. This empirical phenomenon is observed across over two dozen scenariosspanning numerous contexts in which …

Finding Common Ground For Citizen Empowerment In The Smart City, John D. Kelleher, Aphra Kerr

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Corporate smart city initiatives are just one example of the contemporary culture of surveillance. They rely on extensive information gathering systems and Big Data analysis to predict citizen behaviour and optimise city services. In this paper we argue that many smart city and social media technologies result in a paradox whereby digital inclusion for the purposes of service provision also results in marginalisation and disempowerment of citizens. Drawing upon insights garnered from a digital inclusion workshop conducted in the Galapagos islands, we propose that critically and creatively unpacking the computational techniques embedded in data services is needed as a first …

Rhyme Or Reason:That Is The Question?, Jim Roche

Articles

Noting that “the aesthetic should not be limited merely to the way things look” the organisers of this conference sought “in part to address the discursive limitation in architecture and related subjects by broadening the aesthetic discourse beyond questions relating to purely visual phenomena in order to include those derived from all facets of human experience”.

So where does etchics come in? Well, the introductory brochure noted that most philosophical trained aestheticians will say that “the aesthetic is everything” hinting perhaps of the necessity for a more haptic experience of architecture. It also drew on Wittgenstein’s quote that “ethics and …

The Arabs In The (Inter)National, Haider Ala Hamoudi

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This essay is a commentary on an article submitted by Professor Lama Abu-Odeh as part of a special symposium edition contained in Volume 10 of the Santa Clara Journal of International Law. In her piece, Professor Abu-Odeh builds on her earlier work respecting Islamic law but adds a new target to her sites, that of the study of national security. That is, we already knew Professor Abu-Odeh’s view of the typical Islamic law scholar. He is one who is focused either on the resurrection of the shari’a in some sort of reconstructed form or involved in a thoroughly misguided search …

Space, Time And The Constitution Of Subjectivity: Comparing Elias And Foucault, Paddy Dolan

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The work of Foucault and Elias has been compared before in the social sciences and humanities, but here I argue that the main distinction between their approaches to the construction of subjectivity is the relative importance of space and time in their accounts. This is not just a matter of the “history of ideas,” as providing for the temporal dimension more fully in theories of subjectivity and the habitus allows for a greater understanding of how ways of being, acting and feeling in different spaces are related but largely unintended. Here I argue that discursive practices, governmental operations and technologies …

Metaphor, Objects, And Commodities, George H. Taylor, Michael J. Madison

Articles

This Article is a contribution to a Symposium that focuses on the ideas of Margaret Jane Radin as a point of departure, and particularly on her analyses of propertization and commodification. While Radin focuses on the harms associated with commodification of the person, relying on Hegel's idea of alienation, we argue that objectification, and in particular objectification of various features of the digital environment, may have important system benefits. We present an extended critique of Radin's analysis, basing the critique in part on Gadamer's argument that meaning and application are interrelated and that meaning changes with application. Central to this …

The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand

Articles

On October 19, 2004, the European Court of Justice held its first en banc hearing since the 2004 enlargement to twenty-five Member States. The case was Opinion 1/03, involving a request by the Council of the European Union on whether the Community has exclusive or shared competence to conclude the Lugano Convention. While the case on its face deals only with a single convention, it has far broader implications and is likely to influence the development of private international law and private law on a Community level for years to come. This brief article traces the origins of the issues …

Racism's Past And Law's Future, Vivian Grosswald Curran

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Legal scholars, lawmakers and, increasingly, the general public seem to place ever-increasing hope in the potential of law and legal theory, and of enforceable uniform international legal standards. Many appear to believe that identifying and enacting laws and a legal framework that correspond worldwide to human rights will solve the age-old problem of legalized barbarism. The historical propensity of courts, even in democratic states, to legitimate and enable racist policies provides compelling evidence that the current level of faith in law is misplaced.

This Article argues the limitations of law and legal theory, contesting the view that on their own …

The Mote In Thy Brother’S Eye: A Review Of Human Rights As Politics And Idolatry, William M. Carter Jr.

Articles

Michael Ignatieffs provocatively titled collection of essays, Human Rights As Politics and Idolatry [hereinafter Human Rights], is a careful examination of the theoretical underpinnings and contradictions in the area of human rights. At bottom, both of his primary essays, Human Rights As Politics and Human Rights As Idolatry, make a claim that is perhaps contrary to the instincts of human rights thinkers and activists: namely, that international human rights can best be philosophically justified and effectively applied to the extent that they strive for minimal ism. Human rights activists generally argue for the opposite conclusion: that international human rights be …

The Disability Kaleidoscope, Mary Crossley

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The question of whom our society truly wants to protect from adverse discrimination based on bodily difference is ultimately a question for the body politic. The aim of this article, by contrast, is to use the analytical tools provided by scholars in the field of disability studies to scrutinize how lawmakers to date have understood the concept of impairment as one form of bodily difference. By viewing administrative and judicial treatments of impairment through a disability studies lens, I have sought to give the disability kaleidoscope a turn and thus to provide the reader with an altered view of impairment …