Some Aspects of Intellectual Property Disputes and the Question of Arbitrability

Author(s): Mária Pastorková / Language(s): English Publication Year: 0

Intellectual property disputes have become an actual issue thanks to the technological progress. The possibility of solving dispute with an alternative dispute resolution e.g. arbitrationis even more appealing. The diversity of the intellectual property rights is raising the question of arbitrability which has already initiated many expert discussions. This paper is focused on examination of current perception on arbitrability of intellectual property disputes in international arbitration and questions which can be created by arbitrability. The main obstacles are especially disputes concerning validity and the moral rights.

Porządek dobroczynności w etyce Tomasza z Akwinu

Author(s): Włodzimierz Galewicz / Language(s): Polish Publication Year: 0

This paper aims to provide a contribution to the perennial discussion on ranking of our duties to help others by analyzing Thomas Aquinas’s conception of the order of beneficence. After outlining Aquinas’s notion of beneficentia as a virtue guiding positive duties to others I present his prioritization of these duties as a version of multi-criteria approach, developing antecedent ideas of Aristotle and Cicero. In reference to these philosophers, I distinguish a few crucial principles used for priority setting in discharging duties to act for the good of others: the rule of greater commitment, the rule of closer connection, the rule of greater need, the rule of greater benefit and the rule of higher worth. Then I seek to to highlight how these principles and their sub-criteria are accounted for and applied by Thomas Aquinas, focusing especially on his considerations how to resolve conflicts among competing rules of preference.

Problem zła u Kanta

Author(s): Paweł Pieniążek / Language(s): Polish Publication Year: 0

Kant consequently achieved the moral subjectivation of evil, referring it solely to human will and to the moral law established by it. The article shows, however, the difficulties with explaining the possibility of evil in the mature thought of Kant. They emerged from the difficulty with determining the relation between will and moral law and underlay the evolution of his understanding of evil. If in the Groundwork of the Metaphysics of Morals and in the Critique of Practical Reason Kant identifies will with moral law, abolishing in this way the possibility of the choice of good and evil, in Religion within the Bounds of Bare Reason he tries to establish this possibility. The tension between the moral and historical dimensions of evil is also shown.

Etyka i pasja w pracy naukowca

Author(s): Joanna Madalińska-Michalak / Language(s): Polish Publication Year: 0

The paper focuses on the issues of ethics and passion in the work of a scientist. The growing interest in ethical issues within science is linked to the changes we are currently experiencing and the increasing sensitivity to the need to develop and adhere to ethical standards of research. At the heart of the highest standards in scientific work is the accepted way of working and living of scientists involved in the creation of scientific knowledge. The presented analyses direct our attention towards questions about the possible relationship between science and the scientist's valuable life, about the development of science in the context of changes and challenges currently occurring in science, and finally about the ethos of science and the scientist, for whom passion is one of the sources of freedom and power to construct one's own identity

Liberalismus oder Republikanismus bei Kant?

Author(s): Christoph Horn / Language(s): German Publication Year: 0

Should we assign Kant’s political philosophy rather to the tradition of liberalism or to that of republicanism? Prima facie one might think that liberalism must be the right classification since Kant emphasizes, in his Doctrine of Right, the original, innate right to freedom. Many interpreters believe that he, thereby, wants to express the primacy of human rights. In this article, however, I argue that Kant’s political philosophy should be seen as a combination of elements taken from liberalism as well as from republicanism. It holds even true that the more fundamental aspects are derived from the tradition of republicanism. If we look at ancient and early modern forms of republicanism, we see that the peculiar way in which Kant formulates his normative individualism mirrors his preference for the republican tradition.

Die Moral der Exekutive. Das Charisma der guten Politik und eine ‚Fichteanische‘ Gefährdung im modernen Institutionenstaat

Author(s): Rainer Adolphi / Language(s): German Publication Year: 0

As a structural problem of the normative dimension of contemporary societies, the article shows that increasing real justice deficits go hand in hand with high political expectations of ‘justice’, while on the other hand the achievements of the law are often no longer sufficiently valued. This has a background in a certain way in which modern moral and political spheres have diverged, for which the theoretical significance can be illustrated with Johann G. Fichte. Fichte had tried to renew once again the Western cul¬tural idea of the political with maximum moralization – and for this very reason ended up having massive gaps in relation to concrete questions of justice. Today’s mental constellation can be described as ‘inverse Fichteanism’. There is a threat of – especially in the institutional state – a general moralization of all correlations, and above all a (moral) general empowerment of politics (absolutizing the executive). This development stands at the end of an erosion that took place during the 20th century, and which was reflected in the great theoretical positions of decisionism and, on the other hand, of legal positivism.

„Actio libera in se" und „actio libera in (sua) causa" im Strafrecht und bei supererogatorischem Verhalten

Author(s): Jan C. Joerden / Language(s): German Publication Year: 0

This article deals with the phenomenon of the actio libera in causa. With this expression traditionally those case constellations in law and ethics are denoted in which a person commits an act in a state of mental incapacity, but is responsible for this state himself. For example, in a case in which A kills B while A is completely drunk, and cannot be held responsible for killing because he is completely drunk (see Sec. 20 of the German Criminal Code). It is now questionable whether one can still hold A accountable for killing B, considering that he himself freely brought about his own state of full drunkenness. In this context represented models of imputation in criminal law will be discussed. Furthermore, examples from the area of supererogatory action are used, in order to indicate which model of imputation should be preferred in criminal law cases of actio libera in causa.

Altruismus und Moral

Author(s): Winfried Franzen / Language(s): German Publication Year: 0

Concerning the relation between altruism and morals there are not only disputes about how to conceptualize altruism, but even arguments that something like genuine altruism does not exist at all. Questions and arguments of this type will be analyzed. Furthermore it is argued that all moral reasoning has to be based on the prerequite of a certain – at least partly natural – protoaltruism. At the same time, however, it has to be taken into accont that there are more things involved in morals than mere altruism. Included are some aspects from evolutionary psychology and anthropology.

Kafkaeske Schuld – Existentielle Schuld und Gastrecht im Ausgang von Kafkas Roman „Das Schloss"

Author(s): Stephan Grätzel / Language(s): German Publication Year: 0

Based on Paul Ricoeur’s ideas, the paper presents the “Kafkaesque guilt” as a modern, unconscious and diffused form of existential guilt, in which we owe our existence to others and therefore we are guilty of it. Existential guilt as mutual indebtedness manifests itself fundamentally in the right to hospitality. One can deal with it only in a narrative. The guilt for breaking the law of hospitality becomes clear in Kafka’s novel Das Schloss.

The Antinomies of Practical Reason

Author(s): Paul Guyer / Language(s): English Publication Year: 0

The official antinomy in the Transcendental Dialectic of the Critique of Practical Reason concerns the highest good. But the entire Transcendental Analytic of the first half of the Critique also concerns an antinomy, namely the antinomy between freedom and determinism that was the topic of the third antinomy of the Critique of Pure Reason. These facts raise two questions: what does the treatment of freedom and determinism in the second Critique add to that of the first? And how does transcendental idealism, which is supposed to be the key to the resolution of all antinomies for Kant, play into his solution to the question of the highest good? I argue that we need to look to Kant’s previous works, especially Section III of the Groundwork, to answer the first question, and to his subsequent works, especially the Critique of the Power of Judgment, to answer the second: the second Critique clarifies that we do have a certain kind of insight through pure reason into our noumenal will, and clarifies that the postulate of pure practical reason of the existence of God as the ground of the possibility of the highest good has to be understood through transcendental idealism.

Challenging Habermas’ Practical Discourse to Justify the Rights of Animals

Author(s): Ewa Nowak,Kinga Ciereszko,Alicja Dłużewicz,Karolina Napiwodzka / Language(s): English Publication Year: 0

Exploratory Study on Value Creation Along The Supply Chain of Electric Vehicles: An Opinion Mining Approach

Author(s): Dakshina Murthy R.A,Madhumita Guha Majumder,M. Khurrum S. Bhutta / Language(s): English Publication Year: 0

We are witnessing a surge in the demand for electric vehicles, in the domestic as well as globalmarkets on account of greater concern for the environment and advancement in technology. Every country is committed to reducing its carbon footprint over the next decade in order to address the issues ofglobalwarming, deterioration in air quality, especially in the cities due toheavy pollution, and depletion of resources. EVs have the advantage of high performance andfuel efficiency along with very low emissions and long operating range, making them a viablealternative to fuel-based vehicles. As the automobile industry goes through an exciting phase of transformation with the adoption of EVs, it can be very interesting, from an academic viewpoint, to understand, assess, and analyse the various strategies and operational challengesfaced by the various stakeholders, as drastic changes in the management of supply chain are envisaged for the manufacture and servicing of EVs as comparedto fossil fuel-based conventional vehicles.

Ethical Concerns of Searching Female Newcomer's Experiences: Reflections from the Field

Author(s): Fadi Hasan / Language(s): English Publication Year: 0

“Will the research make life even harder to cope with because sad memories and thoughts are revived? Is the researcher exploiting persons in a vulnerable position?” (Dyregrov et al., 2000). These fundamental questions indicate that conducting research on experiences of females with refugee background presents several serious challenges fraught with both ethical dilemmas and the possibility of potential harm to respondents (Bailey and Williams, 2018). The current literature is abundant with ethical guidelines. However, it often provides general guidance and is limited in specific practical contexts (Arifin, 2018).

Kritérium rozumovosti pri hodnotení optimistických technologických projektov ľudstva a prírody

Author(s): Slavomír Lesňák / Language(s): Czech Publication Year: 0

The paper presents the analysis of partial rationality („rossum“) - far-sighted rationality in the artistic and philosophical projects about technology and about future of the humanity. The results of the analysis are used as a criterium for rethinking of moral questions of technological approaches to solving the environmental crisis and the other global problems. The article makes recommendations in the field of environmental ethics and bioethics - defining rationality as an unreasonable vision of progress against life.

ETICKÉ KODEXY SAMOSPRÁVY V BRNĚ

Author(s): Jiří Nesiba,Martin Kovanič / Language(s): Czech Publication Year: 0

The article deals with difficulties with the introduction of ethical tools into regional politics. The current ethical management of Corporate Social Responsibility (CSR) uses codes of ethics (CE). The article explores whether this ethical tools are used within the elected parliaments and administrative departments in the city of Brno. The chosen method is survey using the Act. 106/1999 Coll. on a free access to information. The research demonstrated that CE were not submitted for a formal hearing in any local parliament in Brno (as of 03/01/2017). On the other hand, unelected municipal administrative departments implemented CE in more than 50 % of the cases. The study presents the most pressing problems in the implementation of ethical tools in elected local parliaments. The study proposes solutions for a better transparency of regional policies through the implementation of CE.

Svjetski etos iz filozofijske perspektive

Author(s): Ursula Renz / Language(s): Bosnian Publication Year: 0

Dopustite mi kratku uvodnu opasku. Kad su me prošlog ljeta pitali da li bih bila spremna na ovom podiju izreći referat o svjetskom etosu iz nereligiozne perspektive, to sam prihvatila pod uvjetom da o svjetskom etosu smijem govoriti iz filozofijske, a ne naprosto iz nereligiozne perspektive. Ta je razlika za mene važna. Na ovom mjestu ne želim zauzeti ateističko ili agnostičko stajalište spram svjetskog etosa nego bih bez zastupanja nekog svjetonazora željela donekle rasvijetliti i prodiskutirati sustavni zahtjev koji se nalazi iza projekta svjetskog etosa. Pod „sustavnim” zahtjevom mislim na etičko posredovanje religiozne vjere i filozofijske racionalnosti. Dakle, pod krovom „svjetskog etosa” ne bismo trebali sakupiti samo fundamentalna moralna načela, koja mogu zastupati različite religije, nego i na konstruktivan način povezati dvije forme svijesti između kojih obično vlada napetost: s jedne strane religioznu svijest o posljednjoj istini i poslijeprosvjetiteljsko kritičko znanje o relativnosti baš polaganja prava na istinu od strane religija na drugoj strani.

Svjetski etos za svjetsko gospodarstvo

Author(s): Hans Küng / Language(s): Bosnian Publication Year: 0

Uvijek se iznova tvrdi da je svjetska financijska kriza bila nepredvidiva. No, još 1997. upozorio sam na novo izdanje svjetske financijske krize i slom gospodarskog poretka iz [razdoblja] 1929-1933, a u [knjizi] „Svjetski etos za svjetsku politiku i svjetsko gospodarstvo” (Piper, München 1997) napisao: „Već je i najmanja opaska, primjerice predsjednika Središnje američke banke Alana Greenspana, početkom prosinca 1996, da je „nerazumno izobilje” („irrational exuberance”) dovelo do precjenjivanja financijskih tržišta, bilo dostatno da uznemirene ulagače na ambicioznim tržištima dionica Azije, Europe i Amerike natjera na paničnu rasprodaju i urušavanje tečaja. To također pokazuje da se krize koje idu uz globalizaciju ne smiruju, nego se možda pojačavaju.”

Zlatno pravilo kao svjetska kulturna baština

Author(s): Martin Bauschke / Language(s): Bosnian Publication Year: 0

Kad bismo jednom pretpostavili da čovječanstvo svoje nagomilane moralne predodžbe mora svesti na jedno jedino temeljno načelo, i da bi to pravilo trebalo na jednak način štiti od ubojstva, krađe, prijevare, tlačenja i osvete – kako bi glasilo jedno takvo fundamentalno načelo? U svojoj knjizi „Zagonetka svijeta” darvinist Ernst Haeckel nazvao ga je 1899. „najplemenitijim načelom sveopćeg čovjekoljublja”. Ustvari ono pod imenom „zlatno pravilo” već više od 3000 godina tvori cjelokupnu etičku poruku svih svjetskih religija i kultura. U svojoj pučkoj varijanti taj moralni zakon glasi: „Ono što ne želiš da tebi bude učinjeno, ni ti ne nanosi nikome drugom!”1 Zapravo to pravilo ne predstavlja jedino i specijalno njemačku poslovicu, nego je ona rasprostranjena diljem svijeta. Trend povratka vrijednosti i veliko poštovanje nastave etike uvedene u sve škole doveli su do ponovnog otkrivanja zlatnog pravila. Nazvano je „zlatnim” jer ga ne smatramo pravilom koje predstavlja nadopunu već postojećim zapovijedima i zabranama, nego pravilom u ili iznad svih drugih pravila, takoreći njihovom biti i jezgrom.

Valeurs éthiques du concept de ville lente

Author(s): Marius-Octavian Munteanu / Language(s): French Publication Year: 0

This article aims to highlight the ethical values of the concept of the slow city, values which are underpinned by digital discourse (official websites of the cities being members of this movement). A rhetorical construction, but above all, a social reconstruction of the image of the contemporary city in accordance with the values and aspirations of the human being seen as imago mundi, the image of the social community to which he belongs. A reconstruction that has at its heart a fundamental coordinate of the human being and of the anthropic space - Time, an essential value that has been hijacked and has become a stressful, anxiety-provoking and spiritually corrosive factor in the contemporary urban universe. We will base our discursive analysis on pre-existing theoretical constructs - the concepts of individual ethos, prior and discursively constructed ethos, collective ethos - and, above all, the analyzed key concept of the slow city - a contemporary urban ontology circumscribed to environmental concerns, sustainable development, participatory democracy, the revaluation of the local economy to the detriment of the global one.

Ethics of Artificial Intelligence in Education

Author(s): Jelena Ostojić / Language(s): English Publication Year: 0

While there is no universally agreed upon definition of artificial intelligence, the definition most frequently employed describes AI as a technology for creating systems that can simulate human intelligence. However, we need the term AI system to be clearly defined in order to ensure legal certainty. As such, The Artificial Intelligence Act (AI Act) (Madiega 2021) puts forth a detailed definition, referring to an AI system as “a system that is designed to operate with elements of autonomy and that, based on machine and/or human-provided data and inputs, infers how to achieve a given set of objectives using machine learning and/or logic- and knowledge-based approaches, and produces system-generated outputs such as content (generative AI systems), predictions, recommendations or decisions, influencing the environments with which the AI system interacts”. In order to distinguish AI systems from more classical software systems, the AI Act further narrows the definition, stipulating that an AI system must be developed “through machine learning approaches and logic and knowledge-based approaches” (Madiega 2021: 4). A system that simply employs rules defined solely by humans in order to automatically execute operations would not qualify as an AI system. In traditional programming, a computer engineer writes a series of directions that instruct a computer how to transform input data into a desired output. AI systems are designed to operate with varying levels of autonomy and function without human involvement. The AI system was defined by the AI Group of Experts at the OECD in 2019 as a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments (Vincent-Lancrin, van der Vlies 2020: 7).