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Twilight of the Idols? EU Internet Privacy and the Post Enlightenment Paradigm
Get PDFThis Article provides a timely examination of the European Union\u27s approach to information privacy on the internet, an approach that some legal scholars have held up as a model for law reform in the United States. Building on the author\u27s recent piece discussing the U.S. approach to internet privacy, this Article applies to the EU\u27s internet privacy regime a theoretical framework constructed from the writings of philosopher and social theorist Alasdair MacIntyre on the failures of Enlightenment and post-Enlightenment thought. The EU internet privacy regime is shown to reflect and reinforce three key elements of the post-Enlightenment paradigm, i.e., the sovereign individual, the market, and the administrative bureaucracy. The EU regime, like the U.S. internet privacy regime, stems from and helps to preserve a world in which the individual constructs a personal identity by trading personal information as a commodity to corporate bureaucracies in a regulated market under the supervision of impersonal government bureaucracies. In what Macintyre labels the culture of bureaucratic individualism, each new assertion of the individual\u27s supposed fundamental right to privacy paradoxically enhances bureaucratic power. Because in these fundamental respects the EU internet privacy regime resembles the U.S. regime, the Article contends that debate over which regime is superior is little more than a family quarrel, a quarrel that cannot be resolved under the post-Enlightenment paradigm. This Article identifies and discusses important new questions about the extent to which our post-Enlightenment situation constrains our capacity to imagine and act upon innovative approaches to personal privacy
Nihilism with a Happy Ending? The Interstate Commerce Commission and the Emergence of the Post-Enlightenment Paradigm
Get PDFThis Article examines early Supreme Court opinions about the Interstate Commerce Commission (ICC)—the first federal administrative agency—in an effort to identify the intellectual roots of the modern administrative state. The Article argues that the Court\u27s effort to explain and justify the function of the newborn ICC shows the traces of a post-Enlightenment crisis in the field of moral philosophy—i.e., the growing conviction that it is no longer possible for reasonable people to agree on what constitutes a true, objective, universally valid standard of reasonable or just conduct. From this essentially nihilistic starting point, the Court helped to fashion a new post-Enlightenment paradigm under which the function of an administrative bureaucracy such as the ICC is to impose order on a market consisting of individuals pursuing their non-rational interests and preferences in the absence of an objective, shared moral framework. The Court thus gave its imprimatur to what has become our way of understanding who and what we are, namely, individuals who require bureaucratic supervision and bureaucratically imposed order as we pursue our non-rational wants and needs in market-based interactions with other individuals. Our need for some kind of order is the sole rationale for this bureaucratically imposed order because, by hypothesis, there no longer exists a true, objective, universally valid standard against which any such order can be measured. This Article\u27s account of the post-Enlightenment paradigm, its genesis, and its implications builds on the work of philosopher and social theorist Alasdair MacIntyre as well as on two recent publications by the author examining the intellectual framework underlying U.S. and European Internet privacy regulation
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
The Gathering Twilight? Information Privacy on the Internet in the Post-Enlightenment Era
Get PDFThe steady stream of news reports about violations of privacy on the Internet has spawned a growing body of literature discussing the legal protections available for personally identifiable information—i.e., information about identified or identifiable persons—collected via the Internet. This Article takes the discussion of Internet privacy protection in a new and very different direction by reexamining the U.S. Internet privacy regime from the perspective of a broader cultural/historical analysis and critique. The perspective adopted is that of Alasdair MacIntyre\u27s account of the disarray in Enlightenment and post-Enlightenment discourse about morality and human nature and the accompanying disappearance of rational justifications for decisions and institutions grounded in that discourse.
The argument of this Article proceeds in four stages. Section II briefly outlines the transition from the older paradigm to the modern, post-Enlightenment paradigm, drawing heavily on Alasdair MacIntyre\u27s account of the relationships among the individual, the market, and the administrative state. Section III explicates the legal principles of the U.S. Internet privacy regime. Section IV sets those legal principles in a broader context of legal theories concerning the administrative state, drawing in particular on the work of Robert Rabin and other scholars in the field of administrative law. Finally, Section V argues that the U.S. Internet privacy regime reflects and reinforces key tenets of the post-Enlightenment paradigm. In particular, the regime emphasizes protecting the individual who competes in a market and empowering impersonal bureaucratic authority as the guarantor of the individual\u27s privacy
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
A Solution to the \u3cem\u3eYahoo!\u3c/em\u3e Problem? The EC E-Commerce Directive as a Model for International Cooperation on Internet Choice of Law
Get PDFInstead of attacking or defending the French or the U.S. courts, this Article proposes to focus on the Yahoo! case from a different perspective. As is argued in Section III.D below, disputes like the Yahoo! case over which country\u27s laws apply to a website and its operator seem likely to proliferate as Internet usage expands, demanding significant enforcement resources from countries and posing important compliance challenges for companies and other organizations operating on the Internet. Thus, it may be useful to consider developing an international agreement that would address, and in many instances resolve, such disputes about jurisdiction to prescribe” rules for the Internet. In developing this argument, this Article uses as its point of departure a set of rules that already applies to France-one of the protagonists in the Yahoo! case
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Nihilism with a Happy Ending? The Interstate Commerce Commission and the Emergence of the Post-Enlightenment Paradigm
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