140 research outputs found
Standardizzazione, automazione e responsabilità medica. Dalle recenti riforme alla definizione di un modello d’imputazione solidaristico e liberale
No full textIn the first part of the article (§ 1-6), the author deals with the debate about the limits of criminal liability for negligent medical malpractice in a global con-text characterized by the standardization of clinical practices. The critical considera-tion of the recent legal reforms in Italy, as well as the prevalent models defended by criminal law scholars, allows the configuration of a paradigm of imputation capable of combining the interests of patients with those of health professionals. In the last part (§ 7-8), the author considers how the same "balanced" -liberal as well as solida-ristic- criterion could allow regulating medical liability for adopting indications pro-vided by Artificial Intelligence systems. The conclusions (§ 9) emphasise how stan-dardisation and automation processes find an insurmountable obstacle in the de-fence of pluralism, autonomy and the ethics of responsibility
Reliance on Scientific Claims in Social and Legal Contexts: An ‘HIV and AIDS’ Case Study
No full textThis chapter deals with the issue of reliance on scientific claims in contexts other than scientific ones. Both social and natural sciences are supposed to be able to provide decision-making processes with objective and neutral points of view on the natural order. Nevertheless, several factors—such as the constant evolution of scientific research, scientific uncertainty, and social implications of scientific debates—make increasingly difficult to access clearly reliable scientific knowledge. The thirty-year scientific-public dispute between the official hypothesis on HIV/AIDS and the so-called ‘AIDS denialism’ allows us to corroborate this general observation. Taking this example as a starting point and common thread, the author discusses the importance of improving experts’ communication towards society and the need to provide lay-persons with reasonable explanations. Indeed, paradigmatic comparative case-law confirm that also judges have to independently decide whether to admit scientific evidence in court, determining which claims are (more) reliable (than others). In his conclusions, the author points out that better scientific communication requires accepting complexity and constant variability characterising scientific matters. Instead, over-reliance on science might induce a lack of trust in scientific institutions, inevitably increasing relativism, confusion, and manipulation
La inferencia causal, el problema de la demarcación y el uso del análisis filogenético en el proceso penal: ¿Hacia una nueva figura de juez? (A propósito de la Sentencia de la Corte de Casación italiana en el caso Grandi Rischi y sobre la responsabilidad penal por contagio de agentes infecciosos)
No full textIn the light of the logical structure of the abductive reasoning, this paper deals with the question concerning the selection of the explanatory nomological knowledge – especially with reference to the evaluation of its reliability and the «demarcation problem» – and the use of scientific evidence to prove causation. The author focuses his attention on the sentence of the Italian Cassation Court in the “Grandi Rischi” case (2009 – 2016) and deals with the use of phylogenetic analysis to prove causation in prosecutions for HIV or HCV transmission. In his final remarks, he maintains the need for judges to have proper interdisciplinary training in order to understand those scientific issues that frequently arise in criminal trials
Responsabilidad penal por mala praxis médica y política criminal (mirando hacia el futuro)
No full textThis paper deals with the influence of criminal policy on the dogmatic configuration of criminal negligence. The author considers how certain “valuable reasons” may recommend a retraction of the criminal intervention, to be carried out by a legal redefinition or otherwise a dogmatic reconfiguration of “criminal negligence” as a criterion of imputation. In particular, the paper focuses on criminal liability for medical malpractice, highlighting why, especially in this sector, a very limited use of the ultima ratio of the legal system would be recommended
La relevancia de los cursos causales hipotéticos en la imputación normativa del resultado a la conducta imprudente. Su significado práctico en materia de responsabilidad médica por error de diagnóstico
No full textThe paper deals with the relevance of hypothetical causal courses for the im-putation of harmful events to negligent conducts. The author focuses on the teleologicalprofile of the “duty of care” in order to discuss the adoption of the “increase of risk” –or“decrease of chances”– ex post normative criteria. The discussion clarifies the relationshipbetween the evaluation concerning the “realization of risk” (i.e. the “scope of protection” ofthe norm) and the consideration of the hypothetical lawful conduct. This allows reaffirmingthe structural correspondence between negligent “active conducts” and negligent “improperomissions”. Finally, the paper considers the relevance of the defended theoretical structure byfocusing on medical malpractice cases for diagnostic errors.El estudio aborda la relevancia de los cursos causales hipotéticos para la imputa-ción normativa del resultado a la conducta imprudente. Se exponen argumentos centrados enel perfil teleológico de las reglas de diligencia que concretan el deber de cuidado, defendiendola adopción de los criterios del “aumento del riesgo” o bien, tratándose de supuestos de comi-sión por omisión, de la “disminución de oportunidades”. Se aclara la relación dogmática en-tre dicha valoración y el criterio de la “realización del riesgo” (o “fin de protección de la nor-ma”), reafirmando la correspondencia estructural entre los delitos comisivos y los “omisivosimpropios”. Finalmente, se pone especial énfasis en el significado práctico y político-criminalde la estructura dogmática defendida en materia de responsabilidad penal médica por errorde diagnóstico
La reazione omicida alla violenza: quando il fatto non costituisce reato per legittima difesa o inesigibilità
No full textIl saggio riflette sulla possibilità di escludere la punibilità dell’omicidio del cosiddetto “tiranno domestico” ricorrendo alla scriminante della legittima difesa (anche putativa) o a ragioni di inesigi- bilità, a partire dal caso giudiziario, divenuto mediatico, che ha visto A.C. imputato per parricidio. Il testo, esaminando criticamente le implicazioni dell’emergente approccio compensativo e simbolico- comunicativo nella costruzione del diritto penale, si sofferma sui presupposti della scriminante e delle cause di non rimproverabilità. Per casi analoghi, in cui l’integrazione delle condizioni della legittima difesa appaiono discutibili, si invitano gli interpreti a ragionare senza pregiudizi di sorta (o di genere) anche sul terreno della colpevolezza. A tal fine si propone una concezione laica della “inesigibilità” e delle “scusanti”, idonea a tenere conto del contesto nell’ottica di un diritto penale del fatto.
The essay examines whether criminal liability for the killing of the so-called “domestic tyrant” may be excluded under the legal framework of self-defence (including putative self-defence) or on the grounds of the (un)reasonable expectation of lawful conduct, starting from the criminal case in which A.C. was charged with parricide. After discussing the implications of a compensatory and symbolic approach in the construction of criminal law, the essay analyses the requirements for justifications and grounds for excuse. In cases where the strict conditions for self-defence might not be met, the author invites legal interpreters to engage - free from bias (or gendered assumptions) - also with the subjective dimension of criminal responsibility (culpability). To this end, a secular and context-sensitive conception of “excuse” and “blameworthiness” is proposed, one capable of accounting for situational pressures without undermining the general principles of offence-based criminal law
When Risk Management Systems ‘Fail’: On Criminal Negligence and the Limits of Scientists’ Responsibility
No full textThis chapter consists of a brief discussion on some legal aspects concerning scientists’ responsibility in risk prevention processes. After proposing some introductory considerations on scientists’ responsibility as such, the author deals with the L’Aquila earthquake crisis of 2009, when a strong quake destroyed significant parts of L’Aquila (Italy) and surrounding villages, killing more than 300 people. The chapter focuses on the relations between scientific knowledge, normative expectations, decision-making and criminal negligence for ‘failed’ risk assessment and management, paying particular attention to the role of ‘regulatory science’ in constructing the ‘reasonable person’ normative standard of care in the theory of criminal negligence. This allows explaining why the first judgement in the L’Aquila trial (2012) is not convincing, having misunderstood how policy-relevant science should participate in prevention processes and the construction of normative standards. In his conclusions, the author suggests some reasons for the recent tendency to blame experts when natural or technological disasters occur
SMITH, Plínio Junqueira, Sextus Empiricus Neo-Pyrrhonism: Skepticism as a Rationally Ordered Experience. (Cham, Springer, 2022, 367 pages.)
No full textThe Book Symposium consists of four texts. In the first, the author summarizes his book, presenting its main contribution and giving an overview of the chapters. In the second, Stéphane Marchand, after highlighting the methodological affinity between the book and his training in France, discusses the new division of the initial chapters of the Outlines of Pyrrhonism and the more robust interpretation of the notion of skeptical logos. In the third text, Casey Perin also insists on this last point. In his view, Smith correctly raises a central issue in Sexto’s interpretation and draws attention to a crucial but little-studied passage. However, Smith would not have been able to explain how skepticism could be normative without dogmatism adequately. The last text is the author's response to the objections raised.The Book Symposium consists of four texts. In the first, the author summarizes his book, presenting its main contribution and giving an overview of the chapters. In the second, Stéphane Marchand, after highlighting the methodological affinity between the book and his training in France, discusses the new division of the initial chapters of the Outlines of Pyrrhonism and the more robust interpretation of the notion of skeptical logos. In the third text, Casey Perin also insists on this last point. In his view, Smith correctly raises a central issue in Sexto’s interpretation and draws attention to a crucial but little-studied passage. However, Smith would not have been able to explain how skepticism could be normative without dogmatism adequately. The last text is the author's response to the objections raised.The Book Symposium consists of four texts. In the first, the author summarizes his book, presenting its main contribution and giving an overview of the chapters. In the second, Stéphane Marchand, after highlighting the methodological affinity between the book and his training in France, discusses the new division of the initial chapters of the Outlines of Pyrrhonism and the more robust interpretation of the notion of skeptical logos. In the third text, Casey Perin also insists on this last point. In his view, Smith correctly raises a central issue in Sexto’s interpretation and draws attention to a crucial but little-studied passage. However, Smith would not have been able to explain how skepticism could be normative without dogmatism adequately. The last text is the author's response to the objections raised
Changing role of Hispanic women
No full textExecutive producer, Radamés Soto, Richard Perin ; producer, Francisco Ramirez ; writer, Jerry Scmetterer. Hosts, Jimmy Smits, Hector Elizondo. Videographer, Tony Cacciavillani ; editor, Aleida Sandoval ; music, John Bickerton.In this program, several prominent Latina women, including author Isabel Allende and actress Jennifer Lopez, discuss their changing role within the context of Hispanic family values, male machismo, and the traditional role of females as the center of family and community life. Also examines the issue from the male perspective. Originally broadcast in 1995 as a segment from the television program: Hispanic Americans : the new frontier
On the Importance of Pooling Layer Tuning for Profiling Side-Channel Analysis
No full textIn recent years, the advent of deep neural networks opened new perspectives for security evaluations with side-channel analysis. Profiling attacks now benefit from capabilities offered by convolutional neural networks, such as dimensionality reduction and the inherent ability to reduce the trace desynchronization effects. These neural networks contain at least three types of layers: convolutional, pooling, and dense layers. Although the definition of pooling layers causes a large impact on neural network performance, a study on pooling hyperparameters effect on side-channel analysis is still not provided in the academic community. This paper provides extensive experimental results to demonstrate how pooling layer types and pooling stride and size affect the profiling attack performance with convolutional neural networks. Additionally, we demonstrate that pooling hyperparameters can be larger than usually used in related works and still keep good performance for profiling attacks on specific datasets.Green Open Access added to TU Delft Institutional Repository 'You share, we take care!' - Taverne project https://www.openaccess.nl/en/you-share-we-take-care Otherwise as indicated in the copyright section: the publisher is the copyright holder of this work and the author uses the Dutch legislation to make this work public.Cyber Securit
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