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The Return of Wampum Belts: Ethical Issues and the Repatriation of Native American Archival Materials Wampum腰带的回归:伦理问题与美洲原住民档案材料的归还
Q2 Arts and Humanities Pub Date : 2010-04-01 DOI: 10.3172/JIE.19.1.33
A. Runde
In May 1988 a ceremony was held to celebrate the return of eleven wampum belts to the Six Nations Iroquois Confederacy in Grand River, Canada. Another commemoration took place in October 1989 when twelve wampum belts were returned to the Onondaga Nation in New York. Hundreds of people attended these formal ceremonies; tribal chiefs and clan mothers wore ceremonial dress and traditional food was prepared. These ceremonies are but two of many commemorating the repatriation of Native American cultural items to their original creators or owners. They are the results of a long process of Native American activism that emerged in the 1960s and culminated in the passage of the Native American Graves Protection and Repatriation Act (NAGPRA) in 1990. Numerous cultural and religious artifacts, works of art and human remains have been returned to their original owners over the past three decades as these communities have moved toward self-governance, and the world at large has come to recognize greater Native American sovereignty. However, the repatriation movement has not been without conflict. Questions about ownership, chain of custody, theft, responsibility, access, and economy have been raised and remain unresolved.These same types of questions apply to the repatriation of Native American materials in archives. The archival community must address problems such as the following: Who owns and cares for the archival materials concerning Native Americans that are now scattered across institutions in this country? Under what circumstances were they collected? Who now determines access policies to these sensitive materials? The Protocols for Native American Archival Materials from 2007 present guidelines regarding some of these issues. Using the return of the Six Nations Iroquois Confederacy and the Onondaga Nation wampum belts as case studies, this paper will examine some of the ethical issues involved in the repatriation of archival materials and how these issues are treated in the Protocols.Wampum Belts as DocumentsIn everyday language the word wampum means "money," and wampum has indeed served as a historical medium of trade and exchange throughout eastern North America, especially after the arrival of Dutch traders (Richter, 1992). Strictly speaking, wampum refers to beads made from the white and purple parts of shells native to the New England Coast. However, for the Haudenosaunee (Iroquois Nations) wampum has far greater cultural significance than mere currency. According to the Onondaga Nation Web site wampum has many uses, including conveying social status. Each clan mother and tribal leader has a wampum string, which is passed from one tribal leader to the next with the office or title. At gatherings, the person holding the wampum string is given special attention; whoever is holding the wampum string is said to be speaking the truth. Wampum strings are also used to document agreements. The Onondaga Web site states, "The speaker puts the words of th
1988年5月,加拿大格兰德河的易洛魁六族联盟举行了一场仪式,庆祝11条wampum腰带的归还。另一次纪念活动于1989年10月举行,当时12条wampum腰带被归还给纽约的奥农达加民族。数百人参加了这些正式的仪式;部落首领和部落母亲穿着仪式服装,准备传统食物。这些仪式只是众多纪念美洲土著文化物品归还其原始创造者或所有者的仪式中的两个。它们是20世纪60年代开始的印第安人激进主义长期进程的结果,并在1990年通过《印第安人坟墓保护和遣返法案》(NAGPRA)时达到高潮。在过去的三十年里,随着这些社区走向自治,许多文化和宗教文物、艺术品和人类遗骸都被归还给了原来的主人,整个世界都开始承认美洲原住民更大的主权。然而,遣返运动并非没有冲突。关于所有权、监管链、盗窃、责任、获取和经济的问题已经提出,但仍未得到解决。这些同样类型的问题也适用于档案中美洲原住民材料的归还。档案界必须解决以下问题:谁拥有和关心现在分散在这个国家各机构的有关美洲原住民的档案资料?他们是在什么情况下被收集的?现在谁来决定这些敏感材料的访问策略?2007年《美洲原住民档案材料议定书》就其中一些问题提出了指导方针。本文将以易洛魁六国联盟和奥农达加民族温皮姆带的归还为案例研究,探讨档案材料归还过程中涉及的一些伦理问题,以及《议定书》如何处理这些问题。在日常语言中,Wampum这个词的意思是“钱”,尤其是在荷兰商人到来之后,Wampum确实在北美东部充当了一种历史上的贸易和交换媒介(Richter, 1992)。严格来说,wampum指的是由原产于新英格兰海岸的贝壳的白色和紫色部分制成的珠子。然而,对于易洛魁人来说,温帕姆的文化意义远比货币重要。据奥农达加民族网站介绍,wampum有很多用途,包括传达社会地位。每个部落的母亲和部落首领都有一个wampum字符串,它通过办公室或头衔从一个部落首领传给下一个部落首领。在聚会上,拿着wampum弦的人会受到特别的关注;无论谁拿着温姆弦,就说他说的是真话。Wampum字符串也用于记录协议。奥农达加的网站上写道:“演讲者把协议的内容写进了纸里。此后,每个发言者都用wampum来记住最初的协议和迄今为止发生的历史。”Wampum还具有精神意义。例如,根据《北美印第安人百科全书》(1996),信奉基督教的休伦族人在他们的念珠中使用wampum珠,甚至制作了带有拉丁铭文的腰带,献给各种圣徒。一些wampum带是专门用来纪念和记录重要事件和条约的。它们的长度从2英尺到6英尺不等,图案由贝壳制成的白色和紫色珠子交织而成。重要的协议一般用较大的带表示,具有大量信息的重要协议由部落体共同存储和维护(Rasmussen, 2007)。腰带被委托给一位世袭的保管人,在仪式场合,当wampum保管人读到腰带时,就会拿出来。…
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引用次数: 2
The Ethics of Archiving "Murderabilia": The Papers of Ted Kaczynski 归档“杀人癖”的伦理:泰德·卡钦斯基的论文
Q2 Arts and Humanities Pub Date : 2010-04-01 DOI: 10.3172/JIE.19.1.126
N. Devlin
To collect only the pleasant, the democratic, the pleasing records that document our past-the aspects of American life that make us all proud-would be so simple. However, this is not life-nor should it be-and these types of records do not give a complete picture of our culture and our history. These were the thoughts of Julie Herrada, the then Assistant Curator of the Labadie Collection at the University of Michigan, when she wrote to Ted Kaczynski in 1997 requesting all of his personal writings and materials that he had in his possession. The papers that Kaczynski eventually sent to Herrada were housed in the Labadie Collection, an archive that had long made it its mission to document the radical and social protest movements in American history, acquiring materials on antiwar, transgender, anarchist, and alternative sexuality movements (none of which would be considered mainstream). Concerns over controversial acquisitions, media interference, third-party privacy rights, and donor requests all played a significant part in Herrada's experience, and add an invaluable dimension as a case study to any further discussion of such issues.The University of Michigan and the Ted Kaczynski Papers, 1997-1999Ted Kaczynski was arrested in 1996 on charges of being the notorious "Unabomber" for two decades. During his violent campaign he mailed bombs to individuals involved in fields related to science, genetic engineering, forestry, airlines, and universities. Before his arrest in 1996, three people were killed and twenty-four were injured (Herrada, 2003-2004, p. 35). Kaczynski was captured in 1996, and after a long trial, pleaded guilty on January 22, 1998. He was sentenced to four life sentences plus 30 years in prison (D. Johnson, 1998). Kaczynski later tried to withdraw his guilty plea, arguing that he was coerced into the plea agreement, but his appeal was denied (Egelko, 2001).So how did Julie Herrada come to acquire the unusual collection of correspondence that Kaczynski had in his jail cell in Colorado? Soon after Kaczynski's arrest, Herrada saw the potential for scholarly research that his radical writings might hold. In 1997 she wrote to Kaczynski's attorney and basically asked for all his writings (Dodge, 2005). At the time she contacted him, Kaczynski was part of a media frenzy. His writings and crimes had garnered the public's continuing, morbid fascination. Herrada pointed out in an interview for Library Journal that her job involved keeping track of events followed in the radical press and collecting new materials accordingly (Library Journal, 2002). Noting the increasing interest of the radical and anarchist press in his writings, she indicated that she could not ignore the opportunity.Four months after writing to Kaczynski's attorney (Judy Clarke), she received word that he was interested and wanted information on the library and its mission. Soon after, Kaczynski sent all the correspondence that he had written and received since his arrest (H
只收集那些令人愉快的、民主的、令人愉快的记录,这些记录记录了我们的过去——让我们所有人感到自豪的美国生活的方方面面——将是如此简单。然而,这不是生活,也不应该是生活,这些类型的记录并不能完整地反映我们的文化和历史。这是Julie Herrada的想法,她当时是密歇根大学Labadie收藏的助理馆长,1997年她写信给Ted Kaczynski,要求他提供他所有的个人作品和材料。卡钦斯基最终寄给赫拉达的文件被收藏在拉巴迪收藏馆(Labadie Collection)中,这个档案馆长期以来一直以记录美国历史上的激进和社会抗议运动为使命,收集了反战、跨性别、无政府主义和另类性运动的材料(这些都不被认为是主流)。对有争议的收购、媒体干预、第三方隐私权和捐助者要求的担忧都在Herrada的经历中发挥了重要作用,并为进一步讨论此类问题增加了一个宝贵的案例研究维度。1996年,泰德·卡钦斯基因被指控为臭名昭著的“炸弹客”二十年而被捕。在他的暴力竞选中,他向科学、基因工程、林业、航空和大学等领域的人士邮寄炸弹。在他1996年被捕之前,有3人被杀,24人受伤(Herrada, 2003-2004年,第35页)。卡钦斯基于1996年被捕,经过长时间的审判,于1998年1月22日认罪。他被判处四次无期徒刑外加30年监禁(D. Johnson, 1998)。卡钦斯基后来试图撤回他的认罪,辩称他是被迫进入认罪协议,但他的上诉被拒绝(Egelko, 2001)。那么,Julie Herrada是如何获得卡钦斯基在科罗拉多州监狱牢房里不寻常的信件收集的呢?卡钦斯基被捕后不久,Herrada看到了他的激进著作在学术研究方面的潜力。1997年,她写信给卡钦斯基的律师,基本上要求他的所有作品(道奇,2005)。她联系卡钦斯基的时候,卡钦斯基是媒体狂热的一部分。他的作品和罪行吸引了公众持续的、病态的迷恋。Herrada在接受《图书馆杂志》采访时指出,她的工作包括跟踪激进媒体所关注的事件,并相应地收集新材料(图书馆杂志,2002)。她注意到激进和无政府主义媒体对他的作品越来越感兴趣,并表示她不能忽视这个机会。在给卡钦斯基的律师(朱迪·克拉克饰)写信四个月后,她得到消息,卡钦斯基很感兴趣,想要了解图书馆及其使命的信息。不久之后,卡钦斯基发出了他被捕以来所写和收到的所有信件(Herrada, 2003-2004, p. 38)。在那之后,论文开始每6到8周到达一次(K. Johnson, 2001)。卡钦斯基在签署任何赠与契约之前就发送了这些信件——他只被允许在他的牢房里保存一小部分信件,由于担心信件被破坏,他把它们寄给了Herrada (Herrada, 2003-2004, p. 38)。这次收购的第一个伦理问题是收购本身的有效性。Herrada对这些藏品的加入直接符合美国档案工作者协会关于收集政策的道德准则声明(当时存在)。根据守则第III条(征收政策),“应按照书面政策声明进行征收……并且符合档案馆的使命”(the Society of American Archivists, 1992, Section III)。藏品必须在收藏范围内,不得因其他任何原因获得。虽然卡钦斯基显然是一个知名而有争议的人物,但他的名声或潜在的媒体关注并没有引起Herrada的兴趣。…
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引用次数: 4
Niche Envy: Marketing Discrimination in the Digital Age 利基嫉妒:数字时代的营销歧视
Q2 Arts and Humanities Pub Date : 2009-10-01 DOI: 10.5860/choice.44-3955
T. Lipinski
Niche Envy: Marketing Discrimination in the Digital Age Joseph Turow. Cambridge, MA: MIT. 2008. 225 pp. $14.95 (pb).Originally published in hardcover in 2006, this paperback version is no less useful today. The title refers to two sorts of envy, first by competitors who envy the customer base or niche that one company may possess and second by consumers who are envious of real or perceived differential treatment another consumer receives. The author thoroughly documents then generally considers the implications of the sophisticated customization of marketing based upon a particular customer's profile. This allows not only for price discrimination but also for product and service discrimination. The choice of what to offer a customer is made not by the consumer but by the marketer: "the movement of databases to the heart of marketing communication is beginning to affect the media, advertising, and society" (p. 1-2).Early chapters recount the development of advertising and marketing, especially in the second half of the twentieth century. Chapter 4 discusses the development of marketing through the Internet and the early battles between the industry and the Federal Trade Commission (FTC) and reviews the various patterns of Internet marketing customization such as search engine marketing (SEM) or customized messages. Chapter 5 (Rethinking Television) discusses the increased use of product placement as a response to new systems, such as TiVo, that allow consumers to skip commercials, and interactivity, in response to reality television, that encourages viewers to determine narrative through voting. This in turn leads to the consideration of interactivity in the advertising content as opposed to the program leading Turow to predict that "within 15 years customization of all sorts of commercial messages will be feasible and competitively essential" (p. 117). Turow predicts that the future of television advertising will parallel practice on the Internet.The future of media programming may also be subject to manipulation in that two viewers, depending on each other's profile, can watch the same television show or made for cable movie but see the protagonist drink a different beverage, drive a different car, wear a different designer label, etc. Chapter 6 (The Customized Store) recounts the well-known attempts by Wal-Mart to track every product, so-called basket-level analysis. Customization occurs in various service products, such as the variable wait-time customers are assigned after moving through (See also, Laura Hildner, Defusing the Threat of RFID: Protecting Consumer Privacy through Technology-Specific Legislation at the State Level, 41 Harvard Civil Rights-Civil Liberties Law Review 133 [2006] and Serena G. Stein, Where Will Customers Find Privacy Protection from RFIDs? …
《利基嫉妒:数字时代的营销歧视》约瑟夫·图罗著。马萨诸塞州剑桥:麻省理工学院。2008. 225页,14.95美元(pb)。最初在2006年以精装本出版,这本平装本在今天同样有用。这个标题指的是两种嫉妒,第一种是竞争对手嫉妒一个公司可能拥有的客户群或利基市场,第二种是消费者嫉妒另一个消费者得到的真实或感知的差别待遇。作者彻底的文件,然后一般认为基于特定客户的配置文件的复杂定制营销的含义。这不仅允许价格歧视,而且允许产品和服务歧视。向顾客提供什么不是由消费者决定的,而是由营销人员决定的:“数据库向营销传播核心的移动正开始影响媒体、广告和社会”(第1-2页)。前几章叙述了广告和市场营销的发展,特别是在20世纪下半叶。第4章讨论了通过互联网进行营销的发展以及行业与联邦贸易委员会(FTC)之间的早期斗争,并回顾了各种互联网营销定制模式,如搜索引擎营销(SEM)或定制消息。第5章(重新思考电视)讨论了产品植入作为对新系统的回应,如TiVo,它允许消费者跳过商业广告,以及互动,作为对真人秀电视的回应,鼓励观众通过投票来决定叙事。这反过来又导致了对广告内容交互性的考虑,而不是使图罗预测“在15年内,各种商业信息的定制将是可行的,并且具有竞争力”(第117页)。图罗预测,未来的电视广告将与互联网广告并驾齐驱。媒体节目的未来也可能受到操纵,因为两个观众,根据彼此的资料,可以观看相同的电视节目或有线电视电影,但看到主角喝不同的饮料,开不同的车,穿不同的设计师标签,等等。第六章(定制商店)讲述了众所周知的沃尔玛追踪每一件产品的尝试,即所谓的篮子级分析。定制发生在各种服务产品中,例如客户在移动后分配的可变等待时间(参见Laura Hildner,化解RFID的威胁:通过州一级的技术特定立法保护消费者隐私,41哈佛民权-公民自由法律评论133[2006]和Serena G. Stein,消费者将从何处找到RFID的隐私保护?…
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引用次数: 82
Execute the Mother Who Killed Her Children 处决杀害自己孩子的母亲
Q2 Arts and Humanities Pub Date : 2009-09-01 DOI: 10.3172/JIE.18.2.8
R. Eisenman
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引用次数: 0
Writing for Eternity 为永恒而写作
Q2 Arts and Humanities Pub Date : 2009-09-01 DOI: 10.3172/JIE.18.2.5
J. S. Fulda
Once, one wrote for an audience, and with mainly that audience in mind. The audience was typically disciplinary, geographical, and temporal. The outlet in which the writing appeared defined the audience. It appeared in a periodical distributed within-or, at most, throughout-a certain disciplinary community, within some, perhaps broad, geographic boundaries, and always at a specific time. In the case of archival, scientific publication, one wrote for the record, i.e., for eternity; still, even in that case, one had a disciplinary and perhaps a geographical audience1 in mind.The scanning and digitization that are proceeding apace and the concomitant dissemination of the results of that digitization on the Worldwide Web have changed much of this. Today's authors know that anything they choose to publish may well be available to everyone, everywhere, for all time, and knowing that may (or may not2) choose to adjust their writing accordingly. In fact, most authors consider such ready availability to readers, scholars, teachers, and practitioners a wonderful boon. But it is so, if it is so, to the extent it is so, only because when they were writing they might have been mindful that the borders of time, space, discipline, and increasingly language3 no longer limit the potential audience for their work.We wish to discuss here briefly the ethical problem that inheres in making any but the most clearly archival sources available through scanning, digitization, and worldwide dissemination, those works written under the former assumptions of the particularities of "audience" as understood in "the olden times." That ethical problem is that the reputation of the author may be impacted negatively in a way that could not be foreseen and is, therefore, undeserved. The worldwide, instant availability of texts possible today recalls the science fiction of only a few years back. Were it not so, it would be hard, indeed, for those of us who grew up in the world of bricks and mortar housing volumes of print to believe what is today possible with none of this structure. Indeed, just standing back, it is still hard to believe, even though it is true. This is surely one of those developments about which it can be verily said, "Who would have thunk it?"Since it is the author's repute that may undeservedly suffer, the decision must rest with the author and the author alone. And, under existing law, it generally does. In New York Times v. Tasini (530 U.S. 483), the United States Supreme Court found that an electronic version is qualitatively different from a print version, because bound with different contents,4 and therefore a different edition that may not be prepared without the permission of the copyright owner-always, in the first instance, the author, save those works made in the course of employment. The author, and if he is deceased, those to whom his interests and estate have lawfully passed, should and must be, and under current law generally is, the arbiter of w
曾经,一个人为一个读者写作,并且主要考虑到这个读者。听众是典型的学科、地域和时间。文章出现的方式决定了读者。它出现在一份期刊上,在某一学科范围内,或至多在整个范围内,在某些(也许是广泛的)地理范围内,总是在特定的时间分发。在档案,科学出版物的情况下,一个人写的记录,即,永恒;然而,即使在那种情况下,一个人心里也有一个学科,也许还有一个地理上的听众。正在迅速进行的扫描和数字化,以及随之而来的数字化结果在万维网上的传播,已经在很大程度上改变了这一点。今天的作者知道,他们选择发表的任何东西都可能随时随地被所有人看到,并且知道他们可能会(也可能不会)选择相应地调整他们的写作。事实上,大多数作者认为,读者、学者、教师和从业者都可以随时获得这些资料,这是一件好事。但事实确实如此,如果在某种程度上确实如此,那只是因为他们在写作时可能已经注意到,时间、空间、纪律和日益增多的语言的界限不再限制他们作品的潜在读者。在这里,我们希望简要地讨论一下,通过扫描、数字化和全球传播,使最清晰的档案来源成为可能所固有的伦理问题,这些作品是在“旧时代”所理解的“受众”特殊性的假设下写成的。这个伦理问题是,作者的声誉可能会受到无法预见的负面影响,因此是不应有的。当今世界范围内,文本的即时可用性让人想起几年前的科幻小说。如果不是这样的话,对于我们这些在砖头和灰泥的世界里长大的人来说,确实很难相信今天没有这些结构也能做到这一点。事实上,只是站在后面,仍然很难相信,即使这是真的。对于这些发展,我们确实可以说:“谁会想到呢?”由于作者的声誉可能会受到不应有的损害,因此必须由作者自己来决定,而且只能由作者自己来决定。而且,根据现行法律,它通常是这样的。在《纽约时报诉塔西尼案》(530 U.S. 483)中,美国最高法院认定,电子版本与印刷版在质量上不同,因为装订的内容不同,4因此,未经版权所有者的许可,可能无法制作不同的版本——在第一种情况下,作者总是保存在雇佣过程中创作的作品。作者,如果他去世了,他的利益和遗产的合法继承者,应该而且必须是,根据现行法律,是否允许或拒绝允许其作品的数字化和全球传播的仲裁者。…
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引用次数: 1
Ethics in the IT Classroom: Why and How? IT课堂的道德:为什么?如何?
Q2 Arts and Humanities Pub Date : 2009-09-01 DOI: 10.3172/JIE.18.2.38
D. Larson, K. Miller
1. IntroductionWithin this paper the authors will explain the importance of including IT ethics within the Management Information Systems (MIS) and Computer Science (CS) curricula. It is our contention that in today's environment, students of MIS or CS should understand the importance of acknowledging and dealing with ethical issues is in their work. No longer can this subject be ignored since ethical issues are as critical to the success of IT projects as are design and technical issues. Consequently IT professionals (whom our students hope to become) must know how to view what they are doing or being asked to do from an ethical perspective. In what follows we give our definition of IT ethics, discuss the importance of ethics to organizations and to the IT curriculum, and how ethics could be incorporated within the curriculum, and finally provide some ethics resources educators can use as they start to deal with ethics in their curricula.2. Defining IT EthicsAccording to the Internet Encyclopedia of Philosophy (2006), "ethics" can be defined as follows:The field of ethics, also called moral philosophy, involves systematizing, defending, and recommending concepts of right and wrong behavior. Philosophers today usually divide ethical theories into three general subject areas: metaethics, normative ethics, and applied ethics. Metaethics investigates where our ethical principles come from, and what they mean. ... Normative ethics takes on a more practical task, which is to arrive at moral standards that regulate right and wrong conduct. ... Finally, applied ethics involves examining specific controversial issues. ...In addition to this three-part definition of what ethics is, it is useful to stress what ethics is not. The study of ethics need not be connected to religion, although individuals may find their inspiration to be ethical from a religious tradition, and many religions share moral views that are compatible with many ethical traditions (Wikipedia, 2007). "Ethical" is not the same as "legal," although the study and development of laws is often intertwined with the study and development of ethics (LegalEthics.com, 2006).IT ethics is an applied study of how ethics and Information Technology interact. It is our contention that the study of ethics is of growing importance to IT education. We expect that applied IT ethics will be central to this study, although metaethics is useful as a foundation for the applied ethics. We also expect that another significant theme will be normative ethics, especially as it is reflected in codes for IT professionals.3. Ethics and OrganizationsThe importance of ethics to organizations and management has escalated in the last few years and is now seen as critical. Within this section we will discuss why ethics is important in organizations, who is responsible for an ethical climate in an organization, and how this climate can be encouraged.3.1 Ethics-Importance to OrganizationsThere is a fear that when organizatio
1. 在本文中,作者将解释将IT伦理纳入管理信息系统(MIS)和计算机科学(CS)课程的重要性。我们的观点是,在当今的环境中,管理信息系统或计算机科学专业的学生应该明白,承认和处理道德问题在他们的工作中的重要性。这个主题不能再被忽视了,因为道德问题与设计和技术问题一样对IT项目的成功至关重要。因此,IT专业人士(我们的学生希望成为的人)必须知道如何从道德的角度看待他们正在做的事情或被要求做的事情。在接下来的内容中,我们给出了IT伦理的定义,讨论了伦理对组织和IT课程的重要性,以及如何将伦理纳入课程,最后提供了一些伦理资源,教育工作者可以在他们开始在课程中处理伦理问题时使用。定义IT伦理根据互联网哲学百科全书(2006),“伦理”可以定义如下:伦理领域,也称为道德哲学,涉及对行为的正确和错误概念的系统化,辩护和推荐。今天的哲学家通常将伦理理论分为三个一般的主题领域:元伦理学、规范伦理学和应用伦理学。元伦理学研究我们的道德原则从何而来,以及它们的含义. ...规范伦理学承担了更实际的任务,即达到规范正确和错误行为的道德标准. ...最后,应用伦理学涉及审查具体的有争议的问题. ...除了这个关于什么是道德的三部分定义之外,强调什么不是道德也是有用的。伦理研究不需要与宗教联系起来,尽管个人可能会从宗教传统中发现他们的灵感是伦理的,而且许多宗教都有与许多伦理传统兼容的道德观(维基百科,2007)。“伦理的”并不等同于“法律的”,尽管法律的研究和发展往往与伦理的研究和发展交织在一起(LegalEthics.com, 2006)。信息技术伦理是一门研究伦理与信息技术如何相互作用的应用学科。我们认为,伦理研究对信息技术教育越来越重要。虽然元伦理学作为应用伦理学的基础是有用的,但我们预计应用IT伦理学将是本研究的核心。我们还期望另一个重要的主题将是规范道德,特别是因为它反映在it专业人员的代码中。道德与组织道德对组织和管理的重要性在过去几年中已经升级,现在被视为至关重要。在本节中,我们将讨论为什么道德在组织中很重要,谁负责组织中的道德氛围,以及如何鼓励这种氛围。3.1道德对组织的重要性人们担心,当组织过于关注短期利润最大化时,道德将被忽视,而倾向于采取任何措施来提高底线。然而,最近的事件迫使组织比以前更加强调以道德方式运作。正如Bottorff(2006)所说,“……不良的职业道德最终被认为是组织的头号杀手。“企业考虑道德问题之所以重要,最初的原因是管理商业运作的法律法规发生了变化。在过去的几年里,立法和监管机构在组织道德方面的期望方面做出了许多改变。2002年,美国国会通过了《萨班斯-奥克斯利法案》。作为这项立法的一部分,企业被要求采用一套道德准则,或者解释为什么它们没有制定一套道德准则。此外,2004年,量刑委员会认识到有必要建立鼓励道德行为的组织文化(Sears, 2006)。...
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引用次数: 3
The Ethics of Piracy in the Music Industry 音乐产业中的盗版伦理
Q2 Arts and Humanities Pub Date : 2009-09-01 DOI: 10.3172/JIE.18.2.14
S. Ponelis, J. Britz
Piracy in the music industry is now a growing global phenomenon, a fact repeatedly bemoaned by the major record companies. Piracy has always been a problem but the rise of new information and communication technologies (ICT) have made it a straightforward and relatively uncomplicated exercise to commit. Piracy through file sharing and illegal downloads alone may have cut album sales by as much as a quarter in recent years (Edgecliffe-Johnson, 2005) with as many as 40 illegal downloads for every legal one (Chaffin and Van Duyn, 2006:1). In response the music industry has campaigned for stricter intellectual property rights (IPR) laws enforcing their rights over music it records, produces and distributes. But the question remains: what does piracy by consumers signal to the music industry and society at large (if anything)?In order to answer this question this paper will be structured in the following manner: first, a broad introduction to the problem will be offered, namely, how music companies have skewed the balance between the creators and consumers of music with the resulting circumvention of financial compensation by means of piracy that is enabled by ever-improving ICTs. Second, piracy and the causes thereof as found in literature are discussed. Third, ethics, in particular normative ethics, is elaborated upon. Last, against this background the ethics (or lack thereof ) of piracy is discussed and possible answers to the question are given. Note that this paper does not attempt to address piracy on a commercial scale, but rather focuses on the individual who either perpetrates piracy by supporting counterfeits or bootlegs and/or engages in digital piracy. Neither is the issue addressed for geographic locations where IPR is not inherent in the cultural and legal tradition although the levels of music piracy are not insignificant.Music, the Music Industry, and Intellectual Property RightsMusic predates the written word with different cultures developing different styles of music which vary widely not only between cultures but also within a particular culture over time. The purpose for which music is composed and performed today ranges from religious or ceremonial to entertainment where it is sold as a product in the marketplace.The music industry creates, performs, promotes, and preserves music (note that the term does not encompass traditional music or the system of courtly patronage). Music is created by musicians and two main categories can be distinguished: amateur and professional. Amateur musicians compose and perform music for their own personal pleasure and do not attempt to derive income from music; as such, they are not part of the "formal" music industry until they become professional. Professional musicians attempt to derive income from their efforts in order to support the creation of further music; they can be employed by institutions (such as symphony orchestras, music schools, etc.), perform freelance work, or transform their wo
如今,音乐行业的盗版已成为一种日益严重的全球现象,各大唱片公司对此一再表示遗憾。盗版一直是一个问题,但新的信息和通信技术(ICT)的兴起使它成为一个简单而相对简单的行为。近年来,仅通过文件共享和非法下载的盗版行为就可能使唱片销量减少多达四分之一(Edgecliffe-Johnson, 2005),每合法下载一次,就有多达40次非法下载(Chaffin和Van Duyn, 2006:1)。作为回应,音乐产业一直在争取更严格的知识产权(IPR)法律,以加强对其录制、制作和发行的音乐的权利。但问题仍然存在:消费者的盗版行为对音乐产业和整个社会(如果有的话)发出了什么信号?为了回答这个问题,本文将以以下方式构建:首先,将对这个问题进行广泛的介绍,即音乐公司如何扭曲了音乐创作者和消费者之间的平衡,从而通过不断改进的信息通信技术使盗版得以规避经济赔偿。其次,讨论了文学作品中的盗版现象及其成因。第三,对伦理学,特别是规范伦理学进行了阐述。最后,在此背景下,讨论了盗版的道德(或缺乏道德),并给出了问题的可能答案。请注意,本文并没有试图解决商业规模的盗版问题,而是关注那些通过支持假冒或盗版和/或从事数字盗版来实施盗版的个人。在知识产权并非文化和法律传统固有的地理位置,尽管音乐盗版的程度并非微不足道,但这个问题也没有得到解决。音乐,音乐产业和知识产权音乐在文字出现之前,不同的文化发展出不同的音乐风格,不仅在不同的文化之间,而且在一个特定的文化中,随着时间的推移,音乐风格也会有很大的不同。今天,音乐创作和演奏的目的从宗教或仪式到娱乐,在市场上作为产品出售。音乐产业创造、表演、推广和保存音乐(注意,这个词不包括传统音乐或宫廷赞助制度)。音乐是由音乐家创作的,主要分为两类:业余音乐和专业音乐。业余音乐家为自己的个人乐趣创作和演奏音乐,并不试图从音乐中获得收入;因此,在他们成为专业人士之前,他们不是“正式”音乐产业的一部分。专业音乐家试图从他们的努力中获得收入,以支持进一步的音乐创作;他们可以受雇于机构(如交响乐团、音乐学校等),从事自由职业,或者将他们的工作转化为在市场上销售的产品。音乐家的作品受到保护,这样他们的创作行为就可以通过对其创作的补偿来支持和刺激(普拉卡什,1999)。这些创造被称为知识产权(IP),它被定义为获得某种无形资源所有权的手段。Du Plessis(1999)将知识产权定义为通过一个人的精神或智力活动和创造力而存在的非物质或无形财产;财产一经创造,就具有独立于创造者个人之外的独立存在性,具有商业价值,理应受到法律保护。大多数西方社会已经接受了这样一种社会契约:如果你创造的知识产权最终将进入公共领域,从而增加我们社会的知识储备,我们将给予你对该财产的人为的、暂时的垄断。…
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引用次数: 3
Self-Corruption at the Top 高层的自我腐败
Q2 Arts and Humanities Pub Date : 2009-04-01 DOI: 10.3172/JIE.18.1.10
James F. Welles
We live in an unethical society, but perhaps all societies are unethical. It may be a normal condition for human organizations that rules, like phonograph records, are made to be broken. There is no need here to litanize the obvious unethical conduct that surrounds us daily. We have survived a philandering President, the Blue Wall of silence of the police (who will not police themselves), insider traders on Wall Street, and an unconscionable, invasive, undeclared war with a non-threatening country at peace with us half a world away. The list is endless and the entries all too familiar, but the point here is that along with the moral backsliders and others at the bottom grabbing for more than they earn or deserve, our leaders commonly indulge in unethical conduct at the top.In its most general form, unethical conduct by our leaders is simply another form of power politics. It is a way for those in the establishment to stay established. It is not enough that they can make the rules (and laws) to suit themselves and then selectively enforce them to help themselves: For some reason, they feel free if not compelled to break the rules as well. Perhaps this is all as obvious as unethical conduct is itself, but to those super-egoists who believe in ideals, there is a need to address the most serious problem confronting our civilization. Surprisingly, it is not a problem of politics-nor of economics, social values, ecology, or overpopulation. It is a problem of ethics (or lack thereof). It is the question of whether or not we are going to abide by our own standards of conduct. And, more to the point, are our leaders going to do so?This is a more perplexing problem for those of us in the scientific community because we are the educated elite of society. Only the medical profession could possibly rival us in formal education, and we might justly claim physicians to be our own. However, for all our formal training, something is obviously missing. Somewhere along the way, some of us got lost in a maze of egoism and strayed from what we are supposed to be doing. Worse yet, so have some of our leaders.1Like all academicians, scientists are supposed to be searching for the truth. All the codification of methodology in science is directed toward that end, but without the guiding ethic of an innocent commitment to truth, all the intellectual training in the world is wasted if not perverted by those committed to promoting their own images. It may be that those with Machiavellian personalities simply have risen to the posts of authority in science as they have in most other fields. They are the people who crave power and love to wield it, so the others, who are devoted to their ideals, let the power mongers have their sway, but beyond that, a number of factors built into the minds of scientists and the fabric of science contribute to its corruption.We can start by recognizing the occasional failure of conscience of individual scientists themselves and then deal with
我们生活在一个不道德的社会,但也许所有的社会都是不道德的。规则就像留声机唱片一样,是用来被打破的,这可能是人类组织的正常状态。这里没有必要对我们身边每天都存在的明显的不道德行为进行连篇累牍的讨论。我们熬过了一个好色的总统,警察沉默的蓝墙(他们不会自我监督),华尔街的内幕交易者,以及一场不理智的、侵入性的、不宣而战的战争,与一个与我们和平共处的不构成威胁的国家在半个地球之外。这个名单是无穷无尽的,条目都太熟悉了,但这里的重点是,除了道德退步者和其他在底层的人攫取比他们应得或应得的更多,我们的领导人通常沉溺于不道德的行为在高层。在其最普遍的形式,不道德的行为,我们的领导人只是另一种形式的权力政治。这是现有体制内的人保持现有地位的一种方式。他们可以制定适合自己的规则(和法律),然后有选择地执行它们来帮助自己,这是不够的:出于某种原因,如果没有被迫打破规则,他们也会感到自由。也许这一切就像不道德行为本身一样显而易见,但对于那些相信理想的超级利己主义者来说,有必要解决我们文明面临的最严重问题。令人惊讶的是,这不是一个政治问题,也不是经济、社会价值、生态或人口过剩的问题。这是一个道德问题(或缺乏道德问题)。问题是我们是否要遵守我们自己的行为标准。更重要的是,我们的领导人会这么做吗?对于我们这些在科学界的人来说,这是一个更令人困惑的问题,因为我们是受过教育的社会精英。在正规教育方面,只有医学专业可能与我们竞争,我们可以理直气壮地说,医生是我们自己的人。然而,对于我们所有的正规培训,有些东西显然是缺失的。一路走来,我们中的一些人迷失在自我主义的迷宫中,偏离了我们应该做的事情。更糟糕的是,我们的一些领导人也是如此。像所有的学者一样,科学家应该寻求真理。所有科学方法论的编纂都是为了这个目的,但如果没有对真理的天真承诺的指导伦理,那么世界上所有的智力训练即使不是被那些致力于提升自己形象的人所歪曲,也是浪费的。也许那些具有马基雅维利式人格的人只是像在大多数其他领域一样,在科学领域上升到了权威职位。他们是渴望权力并喜欢使用权力的人,所以其他人,他们致力于自己的理想,让权力贩子发挥他们的影响力,但除此之外,科学家的思想和科学结构中的一些因素导致了它的腐败。我们可以从认识到个别科学家自己偶尔的良心失败开始,然后处理由“发表或灭亡”综合症和几个制度机制的失败所产生的压力,这些机制本应促进自我纠正,但却助长了腐败。其中包括评估提交给期刊的文章的审稿人制度、评审拨款申请的同行评议程序、重复报告的实验结果的做法、专业组织的纪律程序,以及媒体在将注意力集中在犯错者身上的作用。在所有这些因素中,科学家个人的良心是最关键的。事实上,它的核心在于,所有的制度机制都是由人们根据自己的良心来发挥作用的。大多数科学家在大多数时候都是有道德的,这是老生常谈,但也很重要。虽然我们在这里关注的是少数人不断出现的智力道德缺陷和多数人偶尔出现的失误,但我们必须认识到,个人良心是科学伦理行为的第一道堡垒。…
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引用次数: 0
Additional Suggestions for Management to Respond to Ethical Issues Raised by Technological Change 管理层应对科技变革带来的道德问题的补充建议
Q2 Arts and Humanities Pub Date : 2009-04-01 DOI: 10.3172/JIE.18.1.54
William P. Cordeiro
IntroductionThe accelerating rate and complexity of technological developments create a variety of issues and challenges for managers, including ethical issues (Velasquez, 1992; Beauchamp and Bowie, 1993; Dean, 1993; Quan, 2003). Managers have several responsibilities related to technological developments. They must foster and incorporate technological change into their organizations' daily operations, while simultaneously staying alert to the potential effects of technological change on their workers, their customers, and society. The pace of technological change creates unique and ever-increasing burdens on managers' decision-making. This paper discusses six technology-related ethical issues and suggests methods to increase managers' effectiveness in confronting them. The paper updates an earlier work (Cordeiro, 1 997) by addressing several emerging issues related to personal privacy.Ethical Issues and TechnologyWork, especially work performed by employees of organizations, often raises ethical issues. Discussions of ethical issues usually focus on utilitarian analyses of organizational assets, both tangible and intangible (e.g., image and reputation):* The organization's right to secure and protect its assets,* The employee's duty to preserve, protect and enhance the value of the organization's assets,* The organization's right to use its assets for its benefit.Early ethical principles acknowledge powerful rights of organizations, often ignoring employees' rights. Ethical analysis applies cost/benefit analysis, with a goal of increased economic efficiency (Bentham, 1 789; Samuelson, 1947; Sidgwick, 1962). In the last 40 years, organizations' property rights have been questioned, attacked, and qualified. The unadulterated applications of utilitarian cost/benefit analyses have been severely criticized (Glover, 1977; MacIntyre, 1977). Especially in the USA, society now expects organizations to recognize the rights of individuals and of outside organizations and many stakeholders (Rawls, 1971; Tuck, 1979; Stoijar, 1984). Society expects organizations to employ their assets in socially responsible ways by adhering to ethical principles concerning their competitors, suppliers, customers, employees, and general society (French, 1979; Evan and Freeman, 1993).The development of technology raises an array of ethical issues related to work. Many of these are old, surfacing under new guises (Argandona, 2003; Wilder and Soat, 2001). Technology has not changed the issues, but technol- ogy may make the issues' analysis and application more complex. Consultant David Gebler notes that technology raises "issues that may have existed before, but not in such stark reality" (Wilder and Soat, 2001). Some examples of old ethical problems made more complex by modern technology are the sale of "safe" consumer products, the psychological effects of advertising, the use of security systems to protect property, and the protection of the natural environment.In other areas
技术发展的加速速度和复杂性给管理者带来了各种各样的问题和挑战,包括道德问题(Velasquez, 1992;波尚和鲍伊,1993;院长,1993;全,2003)。管理人员有若干与技术发展有关的责任。他们必须促进并将技术变革融入到组织的日常运作中,同时对技术变革对员工、客户和社会的潜在影响保持警惕。技术变革的步伐给管理者的决策带来了独特且不断增加的负担。本文讨论了六个与技术相关的伦理问题,并提出了提高管理者应对这些问题的有效性的方法。该论文通过解决几个与个人隐私相关的新问题,更新了早期的工作(Cordeiro, 1997)。道德问题和技术工作,特别是由组织雇员所从事的工作,经常会引起道德问题。伦理问题的讨论通常集中于对组织资产的功利主义分析,包括有形的和无形的(如形象和声誉):*组织保护和保护其资产的权利,*员工保存、保护和提高组织资产价值的义务,*组织为其利益使用其资产的权利。早期的道德原则承认组织的强大权利,往往忽视员工的权利。伦理分析应用成本/收益分析,目标是提高经济效率(边沁,1789;萨缪尔森,1947;Sidgwick, 1962)。在过去的40年里,组织的产权受到质疑、攻击和限制。功利主义成本/收益分析的纯粹应用受到了严厉的批评(Glover, 1977;麦金太尔,1977)。特别是在美国,社会现在期望组织承认个人、外部组织和许多利益相关者的权利(罗尔斯,1971;塔克,1979;Stoijar, 1984)。社会期望组织以对社会负责的方式使用其资产,坚持有关其竞争对手、供应商、顾客、员工和整个社会的道德原则(French, 1979;Evan和Freeman, 1993)。科技的发展引发了一系列与工作有关的伦理问题。其中许多是旧的,在新的伪装下浮出水面(阿甘多纳,2003;Wilder and Soat, 2001)。技术没有改变问题,但技术可能使问题的分析和应用变得更加复杂。顾问David Gebler指出,技术提出了“以前可能存在的问题,但不是在如此严峻的现实中”(Wilder and Soat, 2001)。由于现代技术而变得更加复杂的一些古老的伦理问题的例子是:销售“安全”消费品、广告的心理影响、使用安全系统来保护财产以及保护自然环境。在其他领域,技术为组织和员工提出了新的道德问题:这些问题包括计算机犯罪,对计算机控制系统的过度依赖,生物技术的发展,工作场所生活质量的退化,工伤的新类别,以及顾客/客户和员工的个人隐私(Biggs, 2000)。每个领域都会给管理者带来一系列与技术相关的道德挑战:计算机犯罪计算机技术,通常被称为信息技术(IT),产生许多道德问题和困境。大多数涉及组织、员工或外部人员对IT的正确使用。资讯科技问题的一些例子包括软件盗窃或盗版、知识产权(例如,允许下载和“交易”音乐和视频内容的软件)、软件设计和触摸/感觉概念、黑客攻击或外来者入侵系统、通过“病毒”使电脑瘫痪,以及非法利用电脑进行交易欺诈、机票欺诈和成绩单欺诈。…
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引用次数: 2
Some Problems Related to Corrections of Error in the Scholarly Literature 学术文献纠错的若干问题
Q2 Arts and Humanities Pub Date : 2009-04-01 DOI: 10.3172/JIE.18.1.21
G. Moran
The topic of correction of scholarly error in academia is a vast and complicated one. This short article is an introductory discussion, or brief summary, for a more elaborate study that is underway.According to the rhetoric of the academic establishment, there is really no serious problem involving correction of scholarly error. The often repeated phrase "Science is self-correcting" implies that there is no problem for science at all, since there is an automatic process that assures-or at least strives for- quality control. With peer review in place, errors are detected by reviewers/referees, and by editors, and are therefore not published. If by chance some errors happen to slip through the peer review quality control safety net, specialists in the specific academic discipline will spot the errors and corrections will be made.But despite the alleged self-correcting process of science, and the quality control afforded by peer review, much erroneous material is published in the scholarly literature, and some errors persist for long periods of time. For instance, in the case of childbirth fever, Semmelweiss is often given credit as the scholar who discovered the cause and prevention, and who therefore corrected the specific serious medical error that was causing so much harm. Yet, other medical researchers before Semmelweiss including Charles White, Oliver Wendell Holmes (relative of the famous jurist), and Alexander Gordon, came to very similar conclusions. In this case, de Grazia (1984) observes that "It took about a century from White's obsessive insistence on cleanliness in Manchester's lying-in ward to consensus about a matter that should have been simple enough to grasp" (p. 29).A very interesting study relating to correction of error is Serge Lang's 1981 book, The File, which is subtitled Case Study in Correction. Lang detected defects and errors in a specific sociological survey of the academic profession. What began as an exchange between Lang and one of the authors evolved into a controversy-and a book of about 700 pages-that "involved a good part of the education network" (p. 1). Had corrections been made at the beginning, this book would not have been written at all. In fact, according to Lang, the book resulted from the "combination of an attempted correction with the refusal to make the correction..." (p. 1). He also notes: "I am bothered by the ... obstructions which prevent correct information from being disseminated. These obstructions come about in many ways-personal, institutional, through selfimposed inhibitions, through external inhibitions, through outright dishonesty, through incompetence-the list is a long one" (p. 2).Such obstructions to correction of an error can be grouped into several categories: 1) lack of volition or lack of expertise, on the part of specialists, to make corrections; 2) paradigm dependence, paradigm protection; 3) conflict of interest; 4) advocacy research and ideology; 5) disdain, on the part of estab
学术错误纠错是学术界一个广泛而复杂的课题。这篇简短的文章是一个介绍性的讨论,或简短的总结,为一个更详细的研究正在进行中。根据学术机构的修辞,确实不存在涉及学术错误纠正的严重问题。“科学是自我纠正的”这句话经常被重复,这意味着科学根本没有问题,因为有一个自动的过程来保证——或者至少是争取——质量控制。有了同行评审,错误就会被审稿人/推荐人以及编辑发现,因此就不会被发表。如果一些错误碰巧溜过了同行评议的质量控制安全网,特定学科的专家会发现这些错误,并进行纠正。但是,尽管所谓的科学自我纠正过程和同行评议提供的质量控制,许多错误的材料还是在学术文献中发表,有些错误持续了很长一段时间。例如,在分娩发烧的案例中,Semmelweiss经常被认为是发现原因和预防措施的学者,因此他纠正了造成如此严重伤害的具体严重医疗错误。然而,在塞梅尔维斯之前的其他医学研究人员,包括查尔斯·怀特、奥利弗·温德尔·霍姆斯(著名法学家的亲戚)和亚历山大·戈登,都得出了非常相似的结论。在这个案例中,de Grazia(1984)观察到,“从怀特执著地坚持曼彻斯特卧床病房的清洁,到对一个本应简单到足以理解的问题达成共识,花了大约一个世纪的时间”(第29页)。关于纠错的一个非常有趣的研究是Serge Lang在1981年出版的《文件》一书,副标题是《纠错案例研究》。朗在对学术职业的具体社会学调查中发现了缺陷和错误。一开始,朗和其中一位作者之间的交流演变成了一场争议——一本大约700页的书——“涉及到教育网络的很大一部分”(第1页)。如果一开始就进行修改,这本书根本就不会写出来。事实上,根据朗的说法,这本书是“试图改正和拒绝改正的结合……”(第1页)。他还指出:“我被……妨碍正确信息传播的障碍。这些障碍来自于很多方面——个人的、机构的、通过自我强加的抑制、通过外部抑制、通过彻底的不诚实、通过无能——这个清单很长”(第2页)。纠正错误的障碍可以分为几类:1)专家方面缺乏纠正错误的意愿或专业知识;2)范式依赖,范式保护;3)利益冲突;4)倡导研究与意识形态;5)包括编辑和同行评议人在内的权威学者对试图发表更正的学者的蔑视。(在这里,对这些类别的提及和讨论将非常简短。这些类别有一些重叠的方面。)缺乏意志,缺乏专业知识臭名昭著的所谓巴尔的摩争议就是一个有趣的例子。实际上,一名初级研究人员试图发表她发现的错误更正。这种修正遭到了抵制。这种情况不断升级,拖了好几年,纠正错误的问题让位给了科学不端行为的问题。调查在塔夫茨大学和麻省理工学院进行,最终在美国国会和美国各级政府机构进行。一个政府上诉委员会推翻了先前关于不当行为的调查结果,但同时声明,这篇有问题的文章“充斥着错误”,包括“尽管经过了这么多年和层层审查,以前从未被指出或纠正”的错误(《科学》,1996年,. ...页)
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Journal of Information Ethics
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