Normative Implications Research Articles

Robodeport or surveillance fantasy?: how automated is automatic visa cancellation in Australia?

Australia has been widely condemned for its harsh and comprehensive external border controls that seek to control the inward mobility of would-be asylum seekers through visa denial, interdiction and offshore detention. Less widely discussed is the fact that internal controls have been repeatedly ramped up over the past two decades. This includes the administrative removal of lawfully-present non-citizens following visa cancellation on character grounds under s501 of the Migration Act 1958 (Cth). Automatic visa cancellation was introduced in 2014 for non-citizens sentenced to a prison term of 12  months or more, or for certain offences, bypassing individualised decision-making and raising the spectre of a visa cancellation pipeline feeding a highly automated deportation machinery. In an age of increasingly automated forms of governance, a key question that arises is the role that has been played by automated systems in achieving what has been a seismic shift in practice, and the normative implications of any developments towards automation within the visa cancellation and removal systems. This paper outlines the shift towards automation in other systems of governance in Australia—most notably the notorious Robodebt scheme—before examining automation in Australia’s visa cancellation system. Documentary analysis of recent parliamentary inquiries, independent reports and government policy is used to piece together the development of inter-agency data exchange practices and automation over three specific periods—historical practice pre-2014, post-2014 to the present, and proposed future developments. We conclude that Australia’s s501 visa cancellation system is neither automated nor automatic. Rather, the 2014 law reform gave rise to a ‘surveillance fantasy’ with immense consequences for non-citizens, particularly those who face long days in immigration detention at the conclusion of their prison sentence. We show that while concerns about increasing automation are well-founded, systems based on less sophisticated forms of information handling and reliant on human decision-making nevertheless continue to raise age-old questions concerning efficiency, accuracy and fairness.

Beyond Sentience: Legally Recognizing Animals’ Sociability and Agency

Abstract The recognition of animal sentience in law has created high expectations but has not yet lived up to them. In some jurisdictions, the recognition of animal sentience has formed the basis of new legal obligations imposed on humans to protect animal interests. So far, however, its potential has been limited because legal officials have interpreted sentience narrowly, as mainly referring to pain. This article proposes identifying other animal characteristics to better serve animal interests, namely sociability and agency. These animal characteristics could, like sentience, be legally recognized by legislatures and receive normative force from the courts. This article argues that the legal recognition of sociability and agency could address animal exploitation and killing. Animal sociability and agency are already implicitly recognized by the law of most Western states, making it easier for them to be explicitly recognized in the future. Although these characteristics are already found in the law, they have the potential to be more disruptive than sentience because they have never served as the basis for the legal protection of animals. In other words, their potential as protective tools remains underexplored and underexploited. Moreover, sociability and agency more intuitively suggest normative implications because of their demanding nature. Acknowledging that a being is social and agential implies recognizing her need for social relationships and ensuring that her choices are fulfilled. This research article provides antispeciesist scholars and activists with a critical overview of new concepts around which some may wish to rally, particularly since the legal recognition of sentience has shown limits in multiple jurisdictions. This article explores the potential of legally recognizing sociability and agency by taking examples from the lives of dogs, cows, cats, horses, northern gannets, and dolphins.

Fostering relational autonomy in end-of-life care: a procedural approach and three-dimensional decision-making model

Respect for patient autonomy is paramount in resolving ethical tensions in end-of-life care. The concept of relational autonomy has contributed to this debate; however, scholars often use this concept in...

Using intermediate points in parcel delivery operations with truck‐based autonomous drones

AbstractAutonomous drones are no longer science fiction but are becoming reality. Prior studies have investigated how an autonomous drone can be used in conjunction with a parcel delivery truck, but they all restricted the drones’ launch/recovery sites to customer nodes visited by a truck. In practice, parcel carriers are considering the use of intermediate points (IPs), the sites found along the arcs connecting customer nodes, as drones' launch/recovery points. This means that the academic literature currently lags the industry practice. This article extends the previous works on truck‐and‐drone last‐mile delivery by investigating the conditions under which the use of IPs is beneficial by using both theoretical and empirical approaches. Our results show that, although using IPs is an effective concept that can save the cost (time) of package deliveries by 2.189% on average, the cost saving realized by using IPs can vary notably across carriers depending on their network characteristics. Specifically, our results suggest that the benefit of using IPs becomes high when a network has the following characteristics: (1) low customer density (a small number of customers served per square mile), and (2) large number of time‐sensitive packages (subject to time window constraints). Based on these findings, we provide normative implications on if, when, where, and to what extent IPs can be beneficial for the truck‐and‐drone joint operations in last‐mile logistics.

Inflation—Who Cares? Monetary Policy in Times of Low Attention

AbstractI propose an approach to quantify attention to inflation and show that attention declined after the Great Inflation period. This decline in attention has important implications for monetary policy as it renders managing inflation expectations more difficult and can lead to inflation‐attention traps: prolonged periods of a binding lower bound and low inflation due to slowly adjusting inflation expectations. As attention declines, the optimal policy response is to increase the inflation target. The lower bound fundamentally changes the normative implications of declining attention: lower attention raises welfare absent the lower‐bound constraint, whereas it decreases welfare when accounting for the lower bound.

The ethics of voluntary ethics standards

AbstractMany nongovernmental forms of business regulation aim at reducing ethical violations in commerce. We argue that such nongovernmental ethics standards, while often laudable, raise their own ethical challenges. In particular, when such standards place burdens upon vulnerable market participants (often, though not always, SMEs), they do so without the backing of traditional legitimate political authority. We argue that this constitutes a structural analogy to wars of humanitarian intervention. Moreover, we show that, while some harms imposed by such standards are desirable, others are best thought of as a form of collateral damage. We thus look at the well‐developed literature on just war theory for inspiration and find that the principles of jus ad bellum and jus in bello contain many insights that can be fruitfully adapted to the case of nongovernmental standard‐setting. Consequently, we propose the Ius ad Normam—a set of principles that should guide would‐be standard‐setters in assessing whether imposing those burdens is ethically justifiable in particular cases. We also discuss how powerful multinational businesses often act simultaneously as standard‐takers and standard‐setters and explore the normative implications of this dual role.

Latino Opinion and Action in the Struggle for America's Political Future

Nearly 20 years have passed since this journal's last review of Latino politics. Today, American politics have shifted dramatically, even alarmingly, with Latinos absorbing and contributing to many of these changes. Yet American politics research still overwhelmingly privileges non-Hispanic Whites and their political opinions and behavior. We argue that this marginalization of Latino politics research has even fewer excuses in this era when data, methodologies, and other resources have expanded, making theory-based, empirically grounded research on Latino politics more feasible. We also argue that to better grasp what happens in contemporary politics today and tomorrow, a deeper understanding of Latinos’ political psychology is indispensable because they are a highly diverse, minoritized group whose members are acutely sensitive to structural, temporal, and situational pressures. Finally, in an overwhelmingly quantitative, empirically oriented field, we urge Latino politics scholars to more earnestly consider the normative implications of research on this growing pan-ethnic population. Expected final online publication date for the Annual Review of Political Science, Volume 27 is June 2024. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

La calidad estética como objeto de investigación en contextos educativos. Un ensayo sobre la normatividad de lo pedagógico y lo estético

The notion of aesthetic quality addresses a dimension of educational processes that is still scarcely explored and linked to various modes of sensitive perception in pedagogical times and spaces. Regarding aesthetics as a constitutive dimension of educational quality in general, we examine two critical aspects for its research: 1) the normative implications of the notion of quality; 2) the normative distinctions that operate implicitly or explicitly in the pedagogical and aesthetic realm. The essay is developed in four moments. First, we present the state of the art of the research on aesthetic quality in Chile drawing on the example of research on school environment. Second, we analyze the difficulties posed by this notion in pedagogical and aesthetic terms. Third, we distinguish three types of normativity in this kind of research (perceptual, aesthetic and pedagogical). Finally, we offer some reflections on the scope and limits of researching this notion.

Dis- and Re-Embodiment in Religious Practices: Semiotic, Ethical, and Normative Implications of Robotic Officiants

Dis- and Re-Embodiment in Religious Practices: Semiotic, Ethical, and Normative Implications of Robotic Officiants

Climate Justice and Political Feasibility

This article argues that rising economic inequality and the decline in political trust across Western countries have systematic normative implications for Western governments’ pursuit of climate justice. The article argues that it is an essential but neglected task of nonideal political theory to identify political feasibility constraints on the pursuit of climate justice and reflect on how to overcome them. The article identifies two feasibility constraints in contemporary Western countries, the inequality constraint and the legitimation constraint, as important elements of a nonideal theory of climate justice. It argues that the French Gilets Jaunes (yellow vests) movement arose as a form of bottom-up motivational resistance to President Macron’s decarbonization policies, precisely because those policies did not take sufficient heed of the inequality and legitimation constraints. Furthermore, the article sketches elements of a roadmap for a feasible pathway for Western governments to decarbonize and observe their citizens’ duties of climate justice and argues that the framework of feasibility constraints offers a coherent, novel and urgent rationale for adopting redistributive measures such as the Carbon Fee and Dividend and participatory-democratic measures such as Citizen Assemblies as component parts of a feasible pathway to a decarbonized economy.

Twitter: A necessary evil? Journalistic responses to Elon Musk and the denormalization of social media

The normalization of social media (notably Twitter) into journalistic routines has been well documented in research, even as social media use sometimes remains a source of conflict with traditional journalistic values and norms. In 2022, after Elon Musk’s takeover of Twitter, the normative implications of social media use came into sharp focus for journalists, as Musk ushered in a series of platform changes perceived as unfavorable for the journalistic profession. Focusing on the French media sector in 6-month period after Musk’s takeover, this study aims to explore what happens when journalistic digital tools are disrupted. Through a combination of semi-structured interviews, participant observation, and content analysis of French news articles, I show that Musk’s actions as CEO prompted journalists to question the broader legitimacy of social media as a journalistic tool. However, rather than abandoning Twitter entirely, journalists employed strategic disconnection in order to reconcile their continued Twitter use with their normative discomfort. These findings not only provide empirical evidence on the effects of Musk’s takeover, but also showcases how strategic disconnection can be used as a method of resistance to unwelcome influences in the media sector.

Conscience and the continuum of constitutionalism: John Calvin on civil government

Abstract This article examines John Calvin’s theology on its own terms with the aim of appreciating the normative basis and implications of his political theory. Although the claim that Calvin’s account of civil government falls within the category of political ‘theology’ is less controversial, the normative implications of his theological ontology for political actors are more commonly contested. Calvin seminally wrote ‘on Civil Government’ in Book IV, Chapter xx of the Institutes of the Christian Religion. In contrast, his accounts of conscience and natural law are far less systemized.1 This article contends that this reticence is not due to lack of importance but rather, due to its foundational nature. Indeed, the opening statement of the Institutes is indicative of the coherence of the Reformer’s thoughts wherein any emerging polity is composed of what this article refers to as the ‘spheres-of-influence’ scheme—a normative system originating inward from the vertical relationship every human agent has with the divine, and then extending horizontally outwards to bind the collective in a common system of values. Such an ontology is predicated on the concepts of conscience and the divine image, which renders all persons, who possess this natural repository of moral knowledge, accountable to transcendent standards of virtue. It follows that when we overlay this ‘continuum’2 onto a constitutional framework, we place the priority, not on the individual rights of the citizen, but on the responsibilities of all political actors whereby others precede the self and the common good prevails over self-interest.

Regulatory Issues of Artificial Intelligence Algorithms － Starting with the Transparency Require-ments of EU Normative Implications

Regulatory Issues of Artificial Intelligence Algorithms － Starting with the Transparency Require-ments of EU Normative Implications

Hidden figures: how legal experts influence the design of international institutions.

Whose preferences influence the design of international institutions? Scholarship on the legalization of international politics and creation of international legal institutions largely adopts a state-centric perspective. Existing accounts, however, fail to recognize how states often delegate authority over institutional design tasks to independent legal experts whose preferences may diverge from those of states. We develop a principal-agent (PA) framework for theorizing relations between states (collective principals) and legal actors (agents) in the design process, and for explaining how legal actors influence the design of international institutions. The legal dimensions of the PA relationship increase the likelihood of preference divergence between the collective principal and the agent, but also create conditions that enable the agent to opportunistically advance its own design preferences. We argue that the more information on states' preferences the agent has, the more effectively it can exploit its legal expertise to strategically select and justify design choices that maximize its own preferences and the likelihood of states' acceptance. Our analysis of two cases of delegated institutional design concerning international criminal law at the United Nations and the African Union supports our theoretical expectations. Extensive archival and interview data elucidate how agents' variable information on states' preferences affects their ability to effectively advance their design preferences. Our theory reveals how independent legal experts with delegated authority over design tasks influence institutional design processes and outcomes, which has practical and normative implications for the legalization of international politics.

The Two Revolutions of Israel's National Identity

AbstractThe judicial overhaul, designed to weaken the judiciary and unleash governmental power from its structural checks, should be understood, we argue, as part of a deeper transformation of Israel's constitutional identity. At its core, this transformation is not about ‘empowering the people’ but rather about questioning Israel's commitment to the fundamental principle of equal citizenship, mainly regarding the permissibility of preferring the interests of Jews over those of non-Jews. Understanding the judicial overhaul as part of this larger transformation of the state's identity, towards more Jewish and less democratic, carries normative implications regarding its legitimacy.The judicial overhaul is often presented by the Israeli government as an attempt to undo the 1992 so-called ‘constitutional revolution’, questioning its legitimacy and asserting that a counter-revolution would be permissible, aligning with the current will of the people. An examination of Israel's constitutional history refutes this argument. We show that while the 1992 revolution enjoyed both normative and, at least, partial social legitimacy, current attempts do not.

Do Danish voters discriminate against women and ethnic minority candidates? Insights from a survey experiment

Representation of women and ethnic minorities is a recurring topic in connection with Danish elections. One possible explanation for the consistent underrepresentation is that voters evaluate women and ethnic minority candidates less favorably than men with an ethnic Danish background. Theoretically, this possibility might be particularly pronounced among conservative voters high in Social Dominance Orientation (SDO). Analyses from a survey experiment with 1116 representative Danish citizens show that Danes, on average, do not evaluate women and ethnic minority candidates less favorably. However, nuanced exploratory analyses show that growing SDO and conservatism cause voters to evaluate ethnic minority candidates more negatively, while a similar pattern does not obtain with respect to candidate gender. Consequently, issues about underrepresentation of women and ethnic minorities relate differently to SDO and political ideology. The theoretical and normative implications of the results are discussed.

Billionaire Politicians: A Global Perspective

We introduce an original dataset of formal political participation for over 2,000 individuals included in the Forbes Billionaires List. We find that billionaire politicians are a surprisingly common phenomenon: Over 11% of the world’s billionaires have held or sought political office. Even compared to other elite groups known for producing politicians from their ranks, this is a high rate of political participation. Moreover, billionaires focus their political ambitions on influential positions, have a strong track record of winning elections, and lean to the right ideologically. We also document substantial cross-national variation: a country’s number of billionaire politicians is not simply a product of its total number of billionaires, but is instead related to regime type. Specifically, billionaires formally enter the political sphere at a much higher rate in autocracies than in democracies. We conclude by discussing the normative implications of our findings and outlining a new research agenda on billionaire politicians.

Cost-(in)effective public good provision: an experimental exploration

This paper investigates the determinants of cost-(in)effective giving to public goods. We conduct a pre-registered experiment to elucidate how factors at the institutional and individual levels shape individual contributions and the cost-effectiveness of those contributions in a novel public good game. In particular, we examine the role of consequential uncertainty over the value of public good contributions (institutional level) as well as individual characteristics like risk and ambiguity attitudes, giving type, and demographics (individual level). We find cost-ineffective contributions in all institutions, but total contribution levels and the degree of cost-ineffectiveness are similar across institutions. Meanwhile, cost-effectiveness varies by giving type—which is a novel result that is consistent with hypotheses we generate from theory—but other individual characteristics have little influence on the cost-effectiveness of contributions. Our work has important positive and normative implications for charitable giving and public good provision in the real world, and it is particularly germane to emerging online crowdfunding and patronage platforms that confront users with a multitude of competing opportunities for giving.

Knock It Down? Unmaking, Deconstruction, and Destruction as/in Politics Research

Abstract Unmaking, deconstruction, and destruction are part of the everyday life of politics. This article makes an initial case for the plausibility of the argument that International Relations (IR) should expand its gaze and scholarly practice not only into material-aesthetic making, as suggested by the International Political Design (IPD) project, but also into material-aesthetic unmaking and destruction. If making is thinking, as Austin and Leander (2021) suggest, unmaking is also a scholarly enterprise, one that might be as intellectually significant as making, and have important implications for the project specifically and IR scholarship more generally. While I am not arguing that unmaking or destruction is always or even usually normatively good, I am arguing that it is intellectually important to understand and engage, and that thinking about unmaking has important normative implications for making. The first section of this article introduces the IPD project, and suggests that it is operationally and necessarily positive in its current instantiations, despite its criticality. The second section, drawing on inspirations as divergent as queer theory and realist IR, sets out an onto-epistemologically negative approach to IR/the world and uses that approach to problematize the positivity of the IPD project. The following three sections engage with potential negative approaches to making-as-scholarship: negative design, deconstruction, and destruction, engaging with the potential implications for both disciplinary inquiry in IR and the practices of IR scholars in the “world” as such. A conclusion talks about the importance of including deconstruction, demolition, destruction, tearing down, and unmaking in IR scholarship.

Models on trial: antitrust experts face Daubert challenges

ABSTRACT Economists are often called upon as expert witnesses by the parties involved in antitrust litigation. One challenge they may face in US federal courts is compliance with the Daubert standard of admissibility of expert testimony. The interplay between model applicability and the Daubert standard is analyzed, suggesting the importance of distinguishing between weak applicability claims, those that state that a model’s critical assumptions are shared by the target, and strong applicability claims, those that connect empirical models and quantitative market features. Recent antitrust cases in which expert testimonies based on economic models have been assessed following the Daubert standard are examined using this framework. Some normative implications are drawn concerning how to improve judges’ assessment of model-based arguments.