Metaphorical Use of Algorithm in Legal Reasoning

The current use of big data in the legal framework suggests the idea of algorithm as a new topos of the legal rhetoric. Indeed, in addition to the “rhetoric of algorithm”, an “algorithm of rhetoric” may also exist, in strict connection with an anthropological structure. Even leaving aside its epistemic value, the algorithm is in fact always experienced by the jurist through a metaphorical process, in a very similar way, for instance, to the metaphorical use of graphs in economics (McCloskey). That said, the reasoning about big data is metaphorical as well, and this allows us to believe that there is still a role for pathos and ethos within the legal reasoning. Moreover, and most importantly, the ideal to which the data-based knowledge (the so called dataism) aims—that is, the pretension of being able to map all that there is to know—is metaphorical, too. In this paper I will discuss algorithms and big data in the guise of new topoi. The aim of this paper is therefore to imagine a philosophical-juridical semiotic by means of which it is possible to highlight the persistent difference between reasonableness and reason in the judge’s work. Vis-à-vis algorithms and big data, as well as the rules of law, the judge does not act as bouche de la loi, but rather practices a reason which is irreducibly rhetoric and related to the humanities.

     

Disclosure on Measures to Prevent Corruption Risks: A Study of Italian Local Governments

This article investigates the characteristics of the disclosures of anticorruption measures that Italian local governments (LGs) publish to increase transparency, public accountability, and citizens’ trust in public administration. The analysis of the anticorruption plans of a sample of Italian LGs shows that this type of disclosure might be a way of repairing organizational legitimacy after an occurrence of corruption. More external directors in the governing body also increase the pressure on LG managers to publish information about anticorruption measures. Finally, larger LGs demonstrate a greater propensity to provide information on the actions implemented to mitigate corruption risks.     

Performance-Related Payments in Local Governments: Do They Improve Performance or Only Increase Salary?

Personnel policies in public sector organizations are fundamental to improving public services, since they have an impact on both individual and organizational performance. Within the broad area of Human Resources Management (HRM), Performance-Related Pay Systems (PRPSs) are widely considered one of the cornerstones of public sector managerial reforms. Monetary incentives should be paid for performance achievements of single employees and/or teams, according to a defined set of objectives. While the role and appropriateness of PRPSs in the public sector have been widely discussed in the literature, in some countries monetary incentives have been used as a tool to increase individual salaries, without considering them as a motivating instrument in a wider HRM system. A small number of studies have been conducted to understand the limitations of this form of incentives and to investigate whether it can be replaced by different and more effective incentives in order to avoid the de-motivating effect caused by money, as recognized in the literature. This study tries to fill this gap investigating, through twenty-five interviews to informed respondents the effectiveness of existing PRPSs at Local government level in Italy both in terms of performance and motivation and the possibility to substitute monetary with non-monetary incentives. The findings suggest that the limitations of monetary incentives have been widely recognized, but it is still difficult to replace them with different and more effective alternatives.     

JOE SPENCER’S RATCATCHERS: BRITISH SECURITY INTELLIGENCE IN OCCUPIED PERSIA

During the Anglo-Soviet occupation of Persia (Iran), the Tehran-based Defence Security Office was responsible for protecting from Nazi subversion and sabotage three potential strategic targets: the vital oilfields, pipelines, and refineries of Khuzistan; the Lend-Lease supply route between the Persian Gulf and the Soviet Union; and the security of the Persian polity itself. Against all odds, under the command of Lt Col E.L. ‘Joe’ Spencer, this small but effective British/Indian security-intelligence unit succeeded in neutralising the Nazi threat, in capturing all German operatives on Persian soil, and in maintaining the security of a territory five times the size of Britain.     

Explaining the Association between Early Adversity and Young Adults’ Diabetes Outcomes: Physiological,Psychological, and Behavioral Mechanisms

Previous studies have documented that early adversity increases young adults’ risk for diabetes resulting in morbidity and comorbidity with adverse health conditions. However, less is known about how inter-related physiological (e.g., body mass index [BMI]), psychological (e.g., depressive symptoms), and behavioral mechanisms (e.g., unhealthy eating and sedentary behavior) link early adversity to young adults’ diabetes outcomes, although these mechanisms appear to stem from early stressful experiences. The current study tested the patterning of these longitudinal pathways leading to young adults’ diabetes using a nationally representative sample of 13,286 adolescents (54% female) over a period of 13 years. The findings indicated that early adversity contributed to elevated BMI, depressive symptoms, and stress-related health behaviors. The impact of these linking mechanisms on hierarchical diabetes outcomes (i.e., prediabetes and diabetes) remained significant after taking their associations with each other into account, showing that these mechanisms operate concurrently. The findings emphasize the importance of early detection for risk factors of young adults’ diabetes in order to minimize their detrimental health effects.