The Dark Side of Nudging: The Ethics, Political Economy, and Law of Libertarian Paternalism

Libertarian paternalism, as advanced by Cass Sunstein, is seriously flawed, but not primarily for the reasons that most commentators suggest. Libertarian paternalism and its attendant regulatory implications are too libertarian, not too paternalistic, and as a result are in considerable tension with ‘thick’ conceptions of human dignity. We make four arguments. The first is that there is no justification for a presumption in favor of nudging as a default regulatory strategy, as Sunstein asserts. It is ordinarily less effective than mandates; such mandates rarely offend personal autonomy; and the central reliance on cognitive failures in the nudging program is more likely to offend human dignity than the mandates it seeks to replace. Secondly, we argue that nudging as a regulatory strategy fits both overtly and covertly, often insidiously, into a more general libertarian program of political economy. Thirdly, while we are on the whole more concerned to reject the libertarian than the paternalistic elements of this philosophy, Sunstein’s work, both in Why Nudge?, and earlier, fails to appreciate how nudging may be manipulative if not designed with more care than he acknowledges. Lastly, because of these characteristics, nudging might even be subject to legal challenges that would give us the worst of all possible regulatory worlds: a weak regulatory intervention that is liable to be challenged in the courts by well-resourced interest groups. In such a scenario, and contrary to the ‘common sense’ ethos contended for in Why Nudge?, nudges might not even clear the excessively low bar of doing something rather than nothing. Those seeking to pursue progressive politics, under law, should reject nudging in favor of regulation that is more congruent with principles of legality, more transparent, more effective, more democratic, and allows us more fully to act as moral agents. Such a system may have a place for (some) nudging, but not one that departs significantly from how labeling, warnings and the like already function, and nothing that compares with Sunstein’s apparent ambitions for his new movement.

The Dark Side of Nudging

A podcast of a talk presented at a conference in Berlin organized by the Vervassungsblog on Choice Architecture in Democracies, in January 2015 - Verfassungsblog - Autonomy vs. Technocracy: Libertarian Paternalism revisited

Parkinson’s Is Time on Your Side? Evidence for Difficulties with Sensorimotor Synchronization

There is lack of consistent evidence as to how well PD patients are able to accurately time their movements across space with an external acoustic signal. For years, research based on the finger-tapping paradigm, the most popular paradigm for exploring the brain's ability to time movement, has provided strong evidence that patients are not able to accurately reproduce an isochronous interval [i.e., Ref. (1)]. This was undermined by Spencer and Ivry (2) who suggested a specific deficit in temporal control linked to emergent, rhythmical movement not event-based actions, which primarily involve the cerebellum. In this study, we investigated motor timing of seven idiopathic PD participants in event-based sensorimotor synchronization task. Participants were asked to move their finger horizontally between two predefined target zones to synchronize with the occurrence of two sound events at two time intervals (1.5 and 2.5 s). The width of the targets and the distance between them were manipulated to investigate impact of accuracy demands and movement amplitude on timing performance. The results showed that participants with PD demonstrated specific difficulties when trying to accurately synchronize their movements to a beat. The extent to which their ability to synchronize movement was compromised was found to be related to the severity of PD, but independent of the spatial constraints of the task.

Power Spectral Density Side-Channel Attack Overlapping Window Method

Cryptographic algorithms have been designed to be computationally secure, however it has been shown that when they are implemented in hardware, that these devices leak side channel information that can be used to mount an attack that recovers the secret encryption key. In this paper an overlapping window power spectral density (PSD) side channel attack, targeting an FPGA device running the Advanced Encryption Standard is proposed. This improves upon previous research into PSD attacks by reducing the amount of pre-processing (effort) required. It is shown that the proposed overlapping window method requires less processing effort than that of using a sliding window approach, whilst overcoming the issues of sampling boundaries. The method is shown to be effective for both aligned and misaligned data sets and is therefore recommended as an improved approach in comparison with existing time domain based correlation attacks.

A study of singular integral operators with shift

Nesta tese, consideram-se operadores integrais singulares com a acção extra de um operador de deslocacamento de Carleman e com coeficientes em diferentes classes de funções essencialmente limitadas. Nomeadamente, funções contínuas por troços, funções quase-periódicas e funções possuíndo factorização generalizada. Nos casos dos operadores integrais singulares com deslocamento dado pelo operador de reflexão ou pelo operador de salto no círculo unitário complexo, obtêm-se critérios para a propriedade de Fredholm. Para os coeficientes contínuos, uma fórmula do índice de Fredholm é apresentada. Estes resultados são consequência das relações de equivalência explícitas entre aqueles operadores e alguns operadores adicionais, tais como o operador integral singular, operadores de Toeplitz e operadores de Toeplitz mais Hankel. Além disso, as relações de equivalência permitem-nos obter um critério de invertibilidade e fórmulas para os inversos laterais dos operadores iniciais com coeficientes factorizáveis. Adicionalmente, aplicamos técnicas de análise numérica, tais como métodos de colocação de polinómios, para o estudo da dimensão do núcleo dos dois tipos de operadores integrais singulares com coeficientes contínuos por troços. Esta abordagem permite também a computação do inverso no sentido Moore-Penrose dos operadores principais. Para operadores integrais singulares com operadores de deslocamento do tipo Carleman preservando a orientação e com funções contínuas como coeficientes, são obtidos limites superiores da dimensão do núcleo. Tal é implementado utilizando algumas estimativas e com a ajuda de relações (explícitas) de equivalência entre operadores. Focamos ainda a nossa atenção na resolução e nas soluções de uma classe de equações integrais singulares com deslocamento que não pode ser reduzida a um problema de valor de fronteira binomial. De forma a atingir os objectivos propostos, foram utilizadas projecções complementares e identidades entre operadores. Desta forma, as equações em estudo são associadas a sistemas de equações integrais singulares. Estes sistemas são depois analisados utilizando um problema de valor de fronteira de Riemann. Este procedimento tem como consequência a construção das soluções das equações iniciais a partir das soluções de problemas de valor de fronteira de Riemann. Motivados por uma grande diversidade de aplicações, estendemos a definição de operador integral de Cauchy para espaços de Lebesgue sobre grupos topológicos. Assim, são investigadas as condições de invertibilidade dos operadores integrais neste contexto.

“Should we all be on Marx’s side?” Contributions of post-marxist discourse theory to the historiography of communism

Drawing on post-marxist discourse theory inspired by the writings of Ernesto Laclau and Chantal Mouffe, this article puts the case for a literature on communism situated at the crossroads of critical theory, cultural studies and historiography. Specific illustration is provided by the author's own research on British communism and the Spanish Civil War. However, the scope of the article is much broader and it is intended as a contribution to the theoretical discussion of future possibilities for communist history-writing. The article concludes that discourse should be regarded neither as a flat surface of tightly knit signifiers nor as an impenetrable monolith of meaning systems. Rather, it should be seen as an inherently dynamic phenomenon, with its own condensations and dispersions along the historical continuum. In this lies its significance for historians of communism.

On the assessment of time-shift variations from backscattered ultrasound for large temperature changes in biological phantoms

This work reports the assessment of time-shifts (TS) from backscattered ultrasound (BSU) signals when large temperature variations (up to 15 degrees C) were induced in a gel-based phantom. The results showed that during cooling temperature is linear with TS at a rate of approximately 74 ns/degrees C. However during a complete heating/cooling cycle, the relation is highly non-linear. This can be explained by the fact that during cooling the temperature distribution is more uniform. Another problem to report is that TS is very sensitive to external movements.

This Side of Paradise due date card

This is a due date card for the book titled This Side of Paradise, with stamped dates from 1939-1941.

The transformation of landscape as as aesthetic idear

The present study seeks to thoroughly investigate and delineate the concept alongside the transformation of landscape as an aesthetic idea. On the one side it runs that nature perceived as landscape remains nothing else but granted, evident or 'natural'. On yet another side, and to some fairly significant extend, this thesis identifies landscape as a sheer idea and concept that is shaped and (re-)mediated in an ongoing process. The thesis examines the role of the observer and brings into agreement that every landscape is a produce of creative mental processes. In brief outline, this approach provides a framework for identifying landscape as being inextricably linked with media from the very beginning of their social and cultural inception. As glowing examples for the paradigmatic shift of the classical subjective vision model culminating in the emergence of a new prototype, the camera obscura, together with the panorama, fortify the prevailing argument that the mode of human sense perception is organised and determined by earlier acquainted recognitions. In this matter, as each and every medium strive after accomplishment, then this accomplishment is substantially determined by overwhelming historic, as well as thriving cultural circumstances. In conclusive terms, this study seeks to show how landscape counts as content of a representation, while simultaneously being a very own medium that specifically carries social, geological as well as historic knowledge. In fact, modern vision shall therefore never be bound to any single format or process, rather it will have to always undergo procedures aiming at reshaping the perceivable. Landscape is playing out its major characteristic, specifically that of being, in essence, a purely intellectual, virtual and synthetic product

A RG-II type polysaccharide purified from Aconitum coreanum and their anti-inflammatory activity

Korean mondshood root polysaccharides (KMPS) isolated from the root of Aconitum coreanum (Lévl.) Rapaics have shown anti-inflammatory activity, which is strongly influenced by their chemical structures and chain conformations. However, the mechanisms of the anti-inflammatory effect by these polysaccharides have yet to be elucidated. A RG-II polysaccharide (KMPS-2E, Mw 84.8 kDa) was isolated from KMPS and its chemical structure was characterized by FT-IR and NMR spectroscopy, gas chromatography–mass spectrometry and high-performance liquid chromatography. The backbone of KMPS-2E consisted of units of [→6) -β-D-Galp (1→3)-β-L-Rhap-(1→4)-β-D-GalpA-(1→3)-β-D-Galp-(1→] with the side chain →5)-β-D-Arap (1→3, 5)-β-D-Arap (1→ attached to the backbone through O-4 of (1→3,4)-L-Rhap. T-β-D-Galp is attached to the backbone through O-6 of (1→3,6)-β-D-Galp residues and T-β-D-Ara is connected to the end group of each chain. The anti-inflammatory effects of KMPS-2E and the underlying mechanisms using lipopolysaccharide (LPS) - stimulated RAW 264.7 macrophages and carrageenan-induced hind paw edema were investigated. KMPS-2E (50, 100 and 200 µg/mL) inhibits iNOS, TLR4, phospho-NF-κB–p65 expression, phosphor-IKK, phosphor-IκB-α expression as well as the degradation of IκB-α and the gene expression of inflammatory cytokines (TNF-α, IL-1β, iNOS and IL-6) mediated by the NF-κB signal pathways in macrophages. KMPS-2E also inhibited LPS-induced activation of NF-κB as assayed by electrophorectic mobility shift assay (EMSA) in a dose-dependent manner and it reduced NF-κB DNA binding affinity by 62.1% at 200µg/mL. In rats, KMPS-2E (200 mg/kg) can significantly inhibit carrageenan-induced paw edema as ibuprofen (200 mg/kg) within 3 h after a single oral dose. The results indicate that KMPS-2E is a promising herb-derived drug against acute inflammation.

A Comparative Study of a Low Doppler Shift in a Carrier Tracking Loop for GPS

This paper compares a carrier tracking scenario when a received Global Positioning System (GPS) signal has low Doppler frequency. It is shown that if the Numerically Controlled Oscillator (NCO) is quantized to 1 bit, the carrier tracking loop is unable to keep track of the incoming signal which leaves the tracking loop oscillating between the upper and lower bounds of the tracking loop bandwidth. One way of overcoming this problem is presented and compared with another existing solution, found in the literature, providing comparative results from the use of real-recorded off the air GPS L1 signals. Results show that the proposed method performs better tracking performance compared with the existing solution which it requires much less hardware complexity.