The Maastricht Journal of Liberal Arts

PRESIDENTIAL IMPEACHMENT IN THE UNITED STATES OF AMERICA & THE REPUBLIC OF KOREA

Hayoung Eum — Mon, 07 Oct 2024 00:00:00 +0000

Presidential impeachment serves as a constitutional mechanism to safeguard against executive overreach and uphold democratic principles such as the rule of law and separation of powers. This paper examines presidential impeachment processes and outcomes in the United States of America (USA) and the Republic of Korea (ROK), addressing the extent to which they reflect the principles of the rule of law. In the USA, impeachment rests within the legislative branch, with trials conducted by elected politicians, leading to minimal pres- idential accountability. Conversely, in the ROK, the impeachment process is overseen by an independent judiciary and demonstrates greater accountability, justness—through precedent-based decisions—and impartiality—reflecting democratic representation. The approach of the ROK, while more challenging to implement directly due to the structure of its parliamentary system, highlights ways in which the impeachment process in the USA could potentially be en- hanced, emphasising the importance of institutional independence in upholding the rule of law.

THE CURRENT STATE OF PORNOGRAPHIC DEEPFAKES

Jola Gockel — Mon, 07 Oct 2024 00:00:00 +0000

This paper analyses the current state of deepfake pornography from a Science and Technology Studies (STS) viewpoint. Looking at the phenomenon from a social constructivist perspective shows that misogynistic power structures are embedded in certain deepfake technologies and that deepfake pornography reflects and reinforces such power structures. Additionally, the risk perspective points to the need for effective (federal and global) legislation and to the need for increased public awareness. Finally, the vulnerability perspective reveals how not everyone is affected equally by the potential of being featured in deepfake pornography, with celebrities having a higher risk of being featured in deepfakes and private individuals experiencing greater difficulty disproving deepfakes of themselves. Implications and questions for future research are discussed.

DECOLONISATION: BALTIC STATES AND AFRICA

Maksims Libensons — Mon, 07 Oct 2024 00:00:00 +0000

The Baltic countries—Estonia, Latvia, and Lithuania—were under the control of the USSR for almost fifty years between 1940 and 1991. This paper aims to compare the problems the Baltic states’ governments faced after regaining their independence in 1991 to the problems faced by the governments of the newly-independent states in Africa after their independence in the 20th century. The paper draws parallels between four types of government policy— economics, foreign affairs, intergovernmental cooperation and settlers’ rights. The paper argues that such similarities provide a basis for referring to the policies of the governments of the Baltic States in the 1990s as post-colonial. While this alone does not imply that the Soviet control of the Baltics was a colonisation process, it sheds light on the impact and perception of Soviet rule by the Baltic states and their citizens.

EGALITARIANISM WITHOUT CATASTROPHE?

Matthieu Marienbach — Mon, 07 Oct 2024 00:00:00 +0000

This paper explores the Teotihuacan civilisation’s low levels of inequality, challenging Walter Scheidel’s Four Horsemen theory which posits that only catastrophic events can significantly reduce inequality. Analysing Teotihuacan, a large pre-Columbian city noted for its egalitarian structure, the paper refutes the idea that only mass warfare, pandemics, revolution or state collapse can flatten social hierarchies. It suggests that Teotihuacan’s unique formation and governance, influenced by a multiethnic population influx following a volcanic eruption, fostered a decentralised and egalitarian society. The paper contributes to the discussion on designing equal and sustainable societies, offering an alternative historical perspective to the inevitability of social inequality.

THE ARTWORK’S JUDGE: THE LEGACY OF KANT AND HUME IN THE LIGHT OF EMPIRICAL AESTHETICS

Ella Luna von Moeller — Mon, 07 Oct 2024 00:00:00 +0000

Recent advances in neuroscientific and psychological research demand a re-evaluation of Hume’s and Kant’s philosophical accounts of aesthetic judgement. While Hume emphasises the role of art experts in establishing a standard of taste, Kant advocates a personal judgement of beauty based on a disinterested feeling of pleasure. Little research has been conducted on the direct empirical support for these theories. Through studying aesthetic judgement, this paper explores the interdisciplinary nexus of empirical philosophy, which seeks to integrate insights of empirical aesthetics to advance the philosophical debate on aesthetic judgement. Empirical findings not only highlight the distinctly separate judgement of beauty of experts and non-experts, but also build on the Kantian legacy, emphasising the role emotion and intuition play in aesthetic judgement.

THE CURIOUS CASE OF THE CODE

Kimmy Shah — Mon, 07 Oct 2024 00:00:00 +0000

This paper critically examines the Australian News Media and Digital Platforms Mandatory Bargaining Code, a regulation which mandates negotiated remuneration between large digital platforms like Google and Facebook and news media businesses. Adopting a Marxist lens, it analyses the interplay between economic interests, law-making and ideological narratives in the development of the Code. It considers how the Code, initially intended to address economic and power imbalances between news media and tech giants like Google or Facebook, ultimately reflects the economic imperatives of these platforms. The practical impacts of the Code on journalism, democratic society and digital platform regulation require further research.

OBJECTION! USE OF A.I.!

Sybren Wolfs — Mon, 07 Oct 2024 00:00:00 +0000

Generative artificial intelligence (A.I.), most prominently ChatGPT, has generated massive amounts of hype around the world, including in litigation. The use of this technology, while possibly beneficial in certain regards, also poses significant risks: misinformation and made-up information, breaches of legal professional privilege, data collection and retention, damage to judicial integrity, and concerns about ethics. This paper set out to (1) review the risks that the use of generative A.I. poses in litigation, and (2) suggest regulations to address said risks. The findings showed that generative A.I., in its current form, should be prohibited altogether in litigation. Its use in the future, if allowed to be used, should be strictly regulated. Whether generative A.I. should be involved in litigation at all remains an open societal question which urgently demands consideration.

Keywords: generative artificial intelligence, litigation, regulation, ChatGPT, literature review