1. Was the PF of either accident aware they were operating the aircraft in a degraded FBW condition (e.g. alternate law)?
The question probably is, was the PF
fully aware what it means to fly a FBW aircraft in degraded condition?
Was he aware, which FBW functions were still operative (e.g. Autotrim, Stall
Warning) and which were not (e.g. artificial roll damping, Stall
Protection).
Are humans designed to fly half-automatic? I feel fine to program and monitor automatics fly the aircraft, I feel fine to hand fly. But I find it strange to share the job between the automatics and me. I find it strange if a system is still able to warn, but no longer to protect me.