Criminal offences and regulatory breaches in using social networking evidence in personal injury litigation Pages 2-7 Current Criminal Law ISSN 1758-8405 Volume 2 Issue 3 March 2010 Author SALLY RAMAGE WIPO 900614 UK TM 2401827 USA TM 3,440.910 Orchid ID 0000-0002-8854-4293 Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Publisher & Managing Editor, Criminal Lawyer series [1980-2022](ISSN 2049-8047); Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson (...) Reuters) (Licensed Annotator of UK Statutes) in Current Law Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. Trade Mark SALLY RAMAGE ® 2401827 (2005-2025) in the UK, WIPO Trade Mark SALLY RAMAGE® 900164; USA-(Trade Mark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. Essentially, Social Network information may not always be admissible in a court of law but may be the door to lead to other, non-contentious evidence. In fact, even illegally obtained evidence may sometimes be admissible evidence, though this is not absolute. Most of the information available on social networking sites will be ‘personal data’. The data controller is the network operator, without whose consent, collecting such information could be an offence, unless it was necessary for the purpose of preventing or detecting crime. (shrink)

According to John D. Norton's Material Theory of Induction, all inductive inferences are justified by local facts, rather than their formal features or some grand principles of nature's uniformity. Recently, Richard Dawid (Found Phys 45(9):1101–1109, 2015) has offered a challenge to this theory: in an adaptation of Norton's own celebrated "Dome" thought experiment, it seems that there are certain inductions that are intuitively reasonable, but which do not have any local facts that could serve to justify them in accordance with (...) Norton's requirements. Dawid's suggestion is that “raw induction” might have a limited but important role for such inferences. I argue that the Material Theory can accommodate such inductions, because there are local facts concerning the combinatoric features of the induction’s target populations that can licence the inferences in an analogous way to existing examples of material induction. Since my arguments are largely independent of the details of the Dome, Norton's theory emerges as surprisingly robust against criticisms of excessive narrowness. (shrink)

Under no circumstances should the absurd "right to roam‟ be incorporated into the legislation of this country. In reality, it is clearly a mere licence to trespass. Armed with the appropriate economic and philosophical arguments, we should eventually be able to offer an effective counter-attack with a movement for the "right to own‟ privately every last one of the state-controlled commons, heaths, hills, mountains, downs, woodlands, rivers, beaches, and footpaths. As a result, there will be no imposition on legitimate (...) landowners and more access to better resources for ramblers. (shrink)

Limited aggregationists argue that when deciding between competing claims to aid we are sometimes required and sometimes forbidden from aggregating weaker claims to outweigh stronger claims. Joe Horton presents a ‘fatal dilemma’ for these views. Views that land on the First Horn of his dilemma suggest that a previously losing group strengthened by fewer and weaker claims can be more choice-worthy than the previously winning group strengthened by more and stronger claims. Views that land on the Second Horn suggest (...) that combining two losing groups together and two winning groups together can turn the losing groups into the winning groups and the winning groups into the losing groups. This paper demonstrates that the ‘fatal dilemma’ is neither fatal nor a dilemma. The First Horn is devastating but avoidable and the Second Horn is unavoidable but not devastating. Nevertheless, Horton’s argument does help to narrow down the acceptable range of views. (shrink)

Tim Button explores the relationship between words and world; between semantics and scepticism. -/- A certain kind of philosopher – the external realist – worries that appearances might be radically deceptive. For example, she allows that we might all be brains in vats, stimulated by an infernal machine. But anyone who entertains the possibility of radical deception must also entertain a further worry: that all of our thoughts are totally contentless. That worry is just incoherent. -/- We cannot, then, be (...) external realists, who worry about the possibility of radical deception. Equally, however, we cannot be internal realists, who reject all possibility of deception. We must position ourselves somewhere between internal realism and external realism, but we cannot hope to say exactly where. We must be realists, for what that is worth, and realists within limits. -/- In establishing these claims, The Limits of Realism critically explores and develops several themes from Hilary Putnam’s work: the model-theoretic arguments; the connection between truth and justification; the brain-in-vat argument; semantic externalism; and conceptual relativity. The book establishes the continued significance of these topics for all philosophers interested in mind, logic, language, or the possibility of metaphysics. (shrink)

When we abandon the neoliberal fiction that one is independent on the grounds that it is a-historic and antisocial, we realize that everyone is dependent and interdependent. In a media-driven society the self-identity of the individual is formed within the framework of the culture-ideology of consumerism from early childhood. As a result, both the environmental and social destruction have intensified. In the global era, or in the era of the global environmental crisis, self-identity as a precondition for environmentally sustainable care (...) of the self should be based on the culture-ideology of human rights and responsibilities, and on conscious self-limitation which realizes that one’s prosperity and security cannot come at the expense of others. Care of the self is about ensuring the habitability of the global environment as the primary interest of each individual. (shrink)

The Limits of Free Will presents influential articles by Paul Russell concerning free will and moral responsibility. The problems arising in this field of philosophy, which are deeply rooted in the history of the subject, are also intimately related to a wide range of other fields, such as law and criminology, moral psychology, theology, and, more recently, neuroscience. These articles were written and published over a period of three decades, although most have appeared in the past decade. Among the topics (...) covered: the challenge of skepticism; moral sentiment and moral capacity; necessity and the metaphysics of causation; practical reason; free will and art; fatalism and the limits of agency; moral luck, and our metaphysical attitudes of optimism and pessimism. (shrink)

When should you engage with difficult arguments against your cherished controversial beliefs? The primary conclusion of this book is that your obligations to engage with counterarguments are more limited than is often thought. In some standard situations, you shouldn't engage with difficult counterarguments and, if you do, you shouldn't engage with them open-mindedly. This conclusion runs counter to aspects of the Millian political tradition and political liberalism, as well as what people working in informal logic tend to say about (...) argumentation. -/- Not all misleading arguments wear their flaws on their sleeve. Each step of a misleading argument might seem compelling and you might not be able to figure out what's wrong with it. Still, even if you can't figure out what's wrong with an argument, you can know that it's misleading. One way to know that an argument is misleading is, counterintuitively, to lack expertise in the methods and evidence-types employed by the argument. When you know that a counterargument is misleading, you shouldn't engage with it open-mindedly and sometimes shouldn't engage with it at all. You shouldn't engage open-mindedly because you shouldn't be willing to reduce your confidence in response to arguments you know are misleading. And you sometimes shouldn't engage closed-mindedly, because to do so can be manipulative or ineffective. -/- In making this case, Jeremy Fantl discusses echo chambers and group polarization, the importance in academic writing of a sympathetic case for the opposition, the epistemology of disagreement, the account of open-mindedness, and invitations to problematic academic speakers. (shrink)

Do motivational limitations due to human nature constrain the demands of justice? Among those who say no, David Estlund offers perhaps the most compelling argument. Taking Estlund’s analysis of “ability” as a starting point, I show that motivational deficiencies can constrain the demands of justice under at least one common circumstance — that the motivationally-deficient agent makes a good faith effort to overcome her deficiency. In fact, my argument implies something stronger; namely, that the demands of justice are constrained by (...) what people are sufficiently likely to be motivated to do. Thus, contrary to the prevailing wisdom, it is the business of ideal theory — not just nonideal theory — to work with the motivational capacities people are likely enough to have. (See also Estlund's reply in the same issue of EJPT and my rejoinder on Philpapers.). (shrink)

Many of us believe (1) Saving a life is more important than averting any number of headaches. But what about risky cases? Surely: (2) In a single choice, if the risk of death is low enough, and the number of headaches at stake high enough, one should avert the headaches rather than avert the risk of death. And yet, if we will face enough iterations of cases like that in (2), in the long run some of those small risks of (...) serious harms will surely eventuate. And yet: (3) Isn't it still permissible for us to run these repeated risks, despite that knowledge? After all, if it were not, then many of the risky activities that we standardly think permissible would in fact be impermissible. Nobody has yet offered a principle that can accommodate all of 1-3. In this paper, I show that we can accommodate all of these judgements, by taking into account both ex ante and ex post perspectives. In doing so, I clear aside an important obstacle to a viable deontological decision theory. (shrink)

Conceptual limitations restrict our epistemic options. One cannot believe, disbelieve, or doubt what one cannot grasp. I show how, even granting an epistemic ought-implies-can principle, such restrictions might lead to epistemic dilemmas: situations where each of one’s options violates some epistemic requirement. An alternative reaction would be to take epistemic norms to be sensitive to one’s options in ways that ensure dilemmas never arise. I propose, on behalf of the dilemmist, that we treat puzzlement as a kind of epistemic residue, (...) roughly analogous with guilt, appropriate only when one has violated an epistemic requirement. Sometimes, in bumping up against the limits of one’s concepts, it is appropriate to be puzzled no matter what one believes. Puzzlement can thus play the same role in an epistemic dilemmist’s theory that guilt plays in the theories of many moral dilemmists. (shrink)

The more the number of people who live on Earth grows, the more significant are the cuts individuals must accept in realization of their own freedom, so as not to limit the freedom of others. With the growing population on the finite planet the real space for freedom of each individual decreases. Moreover, the growth of complexity of the global industrial civilization increases the degree of interdependence on one hand, on the other the degree of mutual trust decreases as a (...) result of the imperative of growth and profit, and without it no human society can function in the long term. Access to sources necessary for the realization of fundamental freedoms is unequal, and, in fact, it thus limits its accessibility for the majority of human population. Philosophical reflection then should cope with question, whether the range of guaranteed freedoms can be broadened or at least sustained when the space for its realization with the growing human population struggling for increasingly limited resources narrows. (shrink)

This article highlights the limitations of the tendency to frame health- and wellbeing-related digital tools (mHealth technologies) as empowering devices, especially as they play an increasingly important role in the National Health Service (NHS) in the UK. It argues that mHealth technologies should instead be framed as digital companions. This shift from empowerment to companionship is advocated by showing the conceptual, ethical, and methodological issues challenging the narrative of empowerment, and by arguing that such challenges, as well as the risk (...) of medical paternalism, can be overcome by focusing on the potential for mHealth tools to mediate the relationship between recipients of clinical advice and givers of clinical advice, in ways that allow for contextual flexibility in the balance between patiency and agency. The article concludes by stressing that reframing the narrative cannot be the only means for avoiding harm caused to the NHS as a healthcare system by the introduction of mHealth tools. Future discussion will be needed on the overarching role of responsible design. (shrink)

The essays in this volume investigate the question of where, and in what sense, the bounds of intelligible thought, knowledge, and speech are to be drawn. Is there a way in which we are limited in what we think, know, and say? And if so, does this mean that we are constrained – that there is something beyond the ken of human intelligibility of which we fall short? Or is there another way to think about these limits of intelligibility (...) – namely, as conditions of our meaning and knowing anything, beyond which there is no specifiable thing we cannot do? -/- These issues feature prominently in the writings of Kant and Wittgenstein who each engaged with them in unique and striking ways. Their thoughts on the matter remain provocative and stimulating, and accordingly the contributions to this volume address the issues surrounding the limits of intelligibility both exegetically and systematically: they examine how they figure in Kant’s and Wittgenstein’s most significant works and put them in touch with contemporary debates that are shaped by their legacy. These debates concern, inter alia, logically and morally alien thought, the semantics and philosophy of negation, disjunctivism in philosophy of perception and ethics, paraconsistent approaches to contradiction, and the relation between art, literature, and philosophy. The book is divided into four parts: Part I gives a first assessment of the issues, Part II examines limits as they feature in Kant, Part III as they feature in Wittgenstein, and Part IV suggests some ways in which the questions at issue might be reconsidered, drawing upon ideas in phenomenology, dialetheism, metamathematics, and the works of other influential authors. -/- Limits of Intelligibility provides insight into a theme that is central to the thought of two of the most important figures in modern philosophy, as well as to recent metaphysics, philosophy of language, philosophy of logic, epistemology, and ethics. (shrink)

Human beings seek to transcend limits. This is part of our potential greatness, since it is how we can realize what is best in our humanity. However, the limit-transcending feature of human life is also part of our potential downfall, as it can lead to dehumanization and failure to attain important human goods and to prevent human evils. Exploring the place of limits within a well-lived human life this work develops and defends an original account of limiting virtues, which are (...) concerned with recognizing proper limits in human life. The limiting virtues that are the focus are humility, reverence, moderation, contentment, neighborliness, and loyalty, and they are explored in relation to four kinds of limits: existential limits, moral limits, political limits, and economic limits. These virtues have been underexplored in discussions about virtue ethics, and when they have been explored it has not been with regard to the general issue of the place of limits within a well-lived human life. The account of the limiting virtues provided here, however, is intended as a counter to other prominent approaches to ethics: namely, autonomy-centered approaches and consequentialist (or maximizing) approaches. This account is also used to address a number of important contemporary issues such as genetic engineering, distributive justice, cosmopolitanism vs. patriotism, and the ethical status of growth-based economics. (shrink)

In the contemporary life sciences more and more researchers emphasize the “limits of reductionism” (e.g. Ahn et al. 2006a, 709; Mazzocchi 2008, 10) or they call for a move “beyond reductionism” (Gallagher/Appenzeller 1999, 79). However, it is far from clear what exactly they argue for and what the envisioned limits of reductionism are. In this paper I claim that the current discussions about reductionism in the life sciences, which focus on methodological and explanatory issues, leave the concepts of a reductive (...) method and a reductive explanation too unspecified. In order to fill this gap and to clarify what the limits of reductionism are I identify three reductive methods that are crucial in the current practice of the life sciences: decomposition, focusing on internal factors, and studying parts in isolation. Furthermore, I argue that reductive explanations in the life sciences exhibit three characteristics: first, they refer only to factors at a lower level than the phenomenon at issue, second, they focus on internal factors and thus ignore or simplify the environment of a system, and, third, they cite only the parts of a system in isolation. (shrink)

(Original French text followed by English version.) For Berkeley, mathematical and scientific issues and concepts are always conditioned by epistemological, metaphysical, and theological considerations. For Berkeley to think of any thing--whether it be a geometrical figure or a visible or tangible object--is to think of it in terms of how its limits make it intelligible. Especially in De Motu, he highlights the ways in which limit concepts (e.g., cause) mark the boundaries of science, metaphysics, theology, and morality.

In this chapter, I argue against empiricist positions which claim that empirical evidence can be sufficient to defeasibly justify aesthetic judgements, or judgements about the adequacy of aesthetic judgements, or sceptical judgements about someone's capacity to form adequate aesthetic judgements. First, empirical evidence provides neither inferential, nor non-inferential justification for aesthetic opinions. Second, while empirical evidence may tell us how we do respond aesthetically to artworks, it cannot tell us how we should respond to them. And, third, empirical insights into (...) the irrationality of many of our aesthetic judgements do not warrant the sceptical conclusion that we ought to refrain from forming aesthetic opinions. As a consequence of these limitations to aesthetic empiricism, we should endorse the rationalist position that aesthetic criticism is largely a matter of reasoning and, moreover, a collective undertaking. (shrink)

Human-wildlife interactions frequently lead to conflicts – about the fair use of natural resources, for example. Various principled accounts have been proposed to resolve such interspecies conflicts. However, the existing frameworks are often inadequate to the complexities of real-life scenarios. In particular, they frequently fail because they do not adequately take account of the qualitative importance of individual interests, their relative importance, and the number of individuals affected. This article presents a limited aggregation account designed to overcome these shortcomings (...) and thus to facilitate decision-making in real-world human-wildlife conflicts. (shrink)

ABSTRACTIn this paper I defend a form of epistocracy I call limited epistocracy – rule by institutions housing expertise in non-political areas that become politically relevant. This kind of limited epistocracy, I argue, isn't a far-off fiction. With increasing frequency, governments are outsourcing political power to expert institutions to solve urgent, multidimensional problems because they outperform ordinary democratic decision-making. I consider the objection that limited epistocracy, while more effective than its competitors, lacks a fundamental intrinsic value that (...) its competitors have; namely, political inclusion. After explaining this challenge, I suggest that limited epistocracies can be made compatible with robust political inclusion if specialized institutions are confined to issuing directives that give citizens multiple actionable options. I explain how this safeguards citizens’ inclusion through rational deliberation, choice, and contestation. (shrink)

This entry explores Charles Peirce's account of truth in terms of the end or ‘limit’ of inquiry. This account is distinct from – and arguably more objectivist than – views of truth found in other pragmatists such as James and Rorty. The roots of the account in mathematical concepts is explored, and it is defended from objections that it is (i) incoherent, (ii) in its faith in convergence, too realist and (iii) in its ‘internal realism’, not realist enough.

This chapter presents a re-understanding of the contents of our analog magnitude representations (e.g., approximate duration, distance, number). The approximate number system (ANS) is considered, which supports numerical representations that are widely described as fuzzy, noisy, and limited in their representational power. The contention is made that these characterizations are largely based on misunderstandings—that what has been called “noise” and “fuzziness” is actually an important epistemic signal of confidence in one’s estimate of the value. Rather than the ANS having (...) noisy or fuzzy numerical content, it is suggested that the ANS has exquisitely precise numerical content that is subject to epistemic limitations. Similar considerations will arise for other analog representations. The chapter discusses how this new understanding of ANS representations recasts the learnability problem for number and the conceptual changes that children must accomplish in the number domain. (shrink)

Scientists are frequently called upon to “democratize” science, by bringing the public into scientific research. One appealing point for public involvement concerns the nonepistemic values involved in science. Suppose, though, a scientist invites the public to participate in making such value-laden determinations but finds that the public holds values the scientist considers morally unacceptable. Does the argument for democratizing science commit the scientist to accepting the public’s objectionable values, or may she veto them? I argue that there are a (...) class='Hi'>limited set of cases in which scientists can, consistently with a commitment to democratized science, set aside the public’s judgments. (shrink)

In contemporary philosophy there is much focus on conceptual engineering: the enterprise of revising and replacing concepts. In this talk, I focus on a theoretical issue that has not yet received much attention. What principled limits are there to this sort of enterprise? Are there concepts that for principled reasons cannot or should not be revised or replaced? Examples discussed include logical concepts and normative concepts.

In this paper I argue that pluralism at the level of logical systems requires a certain monism at the meta-logical level, and so, in a sense, there cannot be pluralism all the way down. The adequate alternative logical systems bottom out in a shared basic meta-logic, and as such, logical pluralism is limited. I argue that the content of this basic meta-logic must include the analogue of logical rules Modus Ponens and Universal Instantiation. I show this through a detailed (...) analysis of the ‘adoption problem’, which manifests something special about MP and UI. It appears that MP and UI underwrite the very nature of a logical rule of inference, due to all rules of inference being conditional and universal in their structure. As such, all logical rules presuppose MP and UI, making MP and UI self-governing, basic, unadoptable, and required in the meta-logic for the adequacy of any logical system. (shrink)

Central limit theorem for the functional of jump Markov process. Nguyễn Văn Hữu, Vương Quân Hoàng và Trần Minh Ngọc. Báo cáo: Hội nghị toàn quốc lần thứ III “Xác suất - Thống kê: Nghiên cứu, ứng dụng và giảng dạy” (tr. 34). Ba Vì, Hà Tây, ngày 12-14 tháng 05 năm 2005. Viện Toán học / Trường Đại học Khoa học tự nhiên / Đại học Quốc gia Hà Nội.

This paper aims to address the difficulties of high school students in bridging their computational understanding with their visualization skills in understanding the notion of the limits in their calculus class. This research used a pre-experimental one-group pretest-posttest design research on 62 grade 10 students enrolled in the Science, Technology, and Engineering Program (STEP) in one of the public high schools in Zamboanga del Sur, Philippines. A series of remedial sessions were given to help them understand the function values, one-sided (...) limits, limits of a function, and its discontinuities with the aid of the GeoGebra. Results revealed that there is a significant improvement in their mathematics performance before and after the remediation, t(61) = -19.99, p<.05. The real-time feedback provided by the drawing interface of GeoGebra has provided the students the insights into how objects behave in geometrical space, bridging their understanding in locating the values shown by the computational algebraic processes. Additionally, the significant difference in the achievement reveals a large effect size (Cohen’s =2.54) which could be accounted for by the remediation using interactive activities in the GeoGebra. (shrink)

Jason Brennan and Peter Jaworski argue in recent work that “semiotic” or “symbolic” objections to markets are unsuccessful. I counter-argue that there are indeed some semiotic limits on markets and that anti-commodification theorists are not merely expressing disgust when they disapprove of markets in certain goods on those grounds. One central argument is that, contrary to what Brennan and Jaworski claim, semiotic arguments against markets do not depend fundamentally on meanings that prevail about markets. Rather, they depend on the meanings (...) that attach to various goods, meanings that give us moral bases on which to make judgments about their prospective commodification. (shrink)

For decades, much literature on causality has focused on causal processes and causal reasoning in the natural sciences. According to a relatively new trend however, such research on causality remains insufficient because of its refusal to accept a certain degree of pluralism within the concept, a pluralism that is evident in how we use ideas of cause and effect in everyday life. I will build on work in this latter trend, following philosophers like G. E. M. Anscombe and N. Cartwright. (...) I explore the limits of the concept of causality by determining the extent to which our ideas can remain consistent as we stretch this concept along two dimensions, one concerning the maximizing of the effect and the other the maximizing of explanatory depth. Dealing with the cause of the universe, such an investigation touches upon some issues in current empirical cosmology and revisits some classic arguments regarding philosophy of religion and the Platonic notion of participation. The results indicate that the use of current conceptual, logical and analytic tools can deliver new insights that are useful especially for those interested in how causality in the natural sciences links with causality in everyday life. (shrink)

The main aim of our paper is to identify the potential limits of Socratic dialogue in moral education. These limits will be identified using a) the original ancient writings preserving several versions of Socrates’ dialogue, and b) modern writing on the Socrates’ dialogue in moral education. We will determine whether these limits are to be found in the writing of Plato or Xenophon, or rather in the problems and paradoxes of this type of education. We assume that a historical exploration (...) of the original Socratic philosophy will help us to more easily identify the limits and problems in moral education. However, our intention is not to reject the Socratic dialogue as such, but merely to point out some of the potentially controversial aspects of its use in moral education. (shrink)

Artificial intelligence (AI) is expected to revolutionise the practice of medicine. Recent advancements in the field of deep learning have demonstrated success in variety of clinical tasks: detecting diabetic retinopathy from images, predicting hospital readmissions, aiding in the discovery of new drugs, etc. AI’s progress in medicine, however, has led to concerns regarding the potential effects of this technology on relationships of trust in clinical practice. In this paper, I will argue that there is merit to these concerns, since AI (...) systems can be relied on, and are capable of reliability, but cannot be trusted, and are not capable of trustworthiness. Insofar as patients are required to rely on AI systems for their medical decision-making, there is potential for this to produce a deficit of trust in relationships in clinical practice. (shrink)

This is a contribution to a Book symposium on The Limits of Free Will: Selected Essays by Paul Russell. Russell provides replies to three critics of The Limits of Free Will. The first reply is to Robert Wallace and focuses on the question of whether there is a conflict between the core compatibilist and pessimist components of the "critical compatibilist" position that Russell has advanced. The second reply is to Angela Smith's discussion of the "narrow" interpretation of moral responsibility responsibility (...) (as defended by R. Jay Wallace) and how best to respond to it. The third and last reply is concerned with Christopher Bennett's criticism of Russell's views concerning "motivational scepticism" and the possibility of pure practical reasons. (shrink)

Human and animal interests are often in conflict. In many situations, however, it is unclear how to evaluate and weigh competing human and animal interests, as the satisfaction of the interests of one group often inevitably occurs at the expense of those of the other group. Human-animal conflicts of this kind give rise to ethical questions. If animals count morally for their own sake, then we must ask in which cases the satisfaction or frustration of the interests of humans and (...) animals in conflict situations is justified or unjustified from an ethical perspective. In this article, we argue that limited aggregation accounts represent a promising means for resolving interspecies conflicts. The reason for this is that they can appropriately consider the qualitative relevance of interests, their relative importance to each other, and the number of individuals affected. For our argument, we start from the premise that animals count morally for their own sake, albeit to a lesser extent than humans. That is, we accept the view that animals may be used, for example, as a source of food or in animal research. However, as we will show, many basic interests of animals are sufficiently similar to human interests and can thus be compared to them. Hence, they ought to be aggregated in cases of conflict with human interests. We illustrate our account and its practical implications with the real-world example of a human-animal conflict during the outbreak of a zoonotic disease among farmed animals. We conclude that, in many cases, animal interests ought to be given more importance than they currently receive, which includes distributing the burdens and risks of farming practices more fairly. (shrink)

I argue against abductivism about logic, which is the view that rational theory choice in logic happens by abduction. Abduction cannot serve as a neutral arbiter in many foundational disputes in logic because, in order to use abduction, one must first identify the relevant data. Which data one deems relevant depends on what I call one's conception of logic. One's conception of logic is, however, not independent of one's views regarding many of the foundational disputes that one may hope to (...) solve by abduction. (shrink)

n this thesis I describe how conventions specify how to put normative principles into practice. I identify a class of recurring situations where there are some given normative principles in effect, but they underdetermine what each individual should do, and what is best for an individual depends on what others do. I demonstrate that in such cases, whenever the community develops a response that repeatedly brings them to as good an outcome as is available according to their principles, that response (...) is a Lewisian convention where the benefit of an outcome to each individual is measured by the extent to which it conforms to the principles they subscribe to. Since these conventions are constrained by the normative principles, I call them limited conventions. They are supplements to the principles, and are ineradicably involved in moral action insofar as the abovementioned cases of moral underdetermination are in play. That has the consequence that in these cases the only reliable way to follow your principles is to follow the relevant conventions. As examples of this mechanism I offer a conventionalist analysis of authority, such that the commands of an authority is normative when they instantiate a limited convention, and of the variation in understandings of virtue and vice across societies, such that the evaluative vocabulary of each society is a set of different limited conventions about how to express in word and deed the evaluative points of the virtues and vices in question. Finally, I discuss how conventions and similar forms of guidance provide a way for individuals to participate in their community’s moral life without having a full understanding of the principles that underlie it, or even if they are profoundly ignorant or outright mistaken about the demands of morality. (shrink)

It has become increasingly common recently to construe human natureas setting some pretty stringent limits to moral endeavour. Many consequentialists, in particular, take considerations concerning human nature to defeat certain demanding norms that would otherwise follow from their theory.One argument is that certain commitments ground psychological incapacitiesthat prevent us from doing what would maximize the good. Another is that we would be likely to suffer some kind of psychological demoralization if we tried to become significantly more selfless. I argue that (...) influential versions of both of these arguments underestimate our deliberative resources, and also fail to examine the kind of moral sources that may be able to sustain rigorous moral endeavour. Pessimism about our capacities for such endeavour results from the neglect of these factors, rather than from uncovering any significant limitations in human nature. (shrink)

I argue that medieval solutions to the limit decision problem imply four-dimensionalism, i.e. the view according to which substances that persist through time are extended through time as well as through space, and have different temporal parts at different times.

To many, judgment has seemed a locus of cognitive agency, a kind of cognitive mental act. In one minimal sense, judgment is something one does. I consider whether judgment is more robustly agential: is it a kind of action done with an aim? The most attractive version of this sort of position takes judging that p to affirming that p with an alethic aim, an aim such as affirming truly. I argue that such views have unacceptable consequences. Acts done with (...) aims, in general, can be based only indirectly on evidence that one would attain the aim in so acting. It follows that if alethic aims theories of judgment were correct, a judgment that p could be based only indirectly on evidence for p. This itself would be problematic. But the problems extend further. Given the connection between judgment and belief-formation, it would follow, further, that the beliefs we form through judgment could at best be only indirectly based on evidence for p. On these theories, the direct bases for a judgment that p would have to be either a belief that p or a belief that it’s likely that p. The former cannot support belief-formation and the latter supports at best epistemically inappropriate belief-formation. I conclude that there is a hard limit on how robustly agential judgment can be. (shrink)

Human vision briefly retains a trace of a stimulus after it disappears. This trace—iconic memory—is often believed to be a surrogate for the original stimulus, a representational structure that can be used as if the original stimulus were still present. To investigate its nature, a flicker-search paradigm was developed that relied upon a full scan (rather than partial report) of its contents. Results show that for visual search it can indeed act as a surrogate, with little cost for alternating between (...) visible and iconic representations. However, the duration over which it can be used depends on the type of task: some tasks can use iconic memory for at least 240 ms, others for only about 190 ms, while others for no more than about 120 ms. The existence of these different limits suggests that iconic memory may have multiple layers, each corresponding to a particular level of the visual hierarchy. In this view, the inability to use a layer of iconic memory may reflect an inability to maintain feedback connections to the corresponding representation. (shrink)

Consider two deeply appealing thoughts: first, that we experience external particulars, and second, that what it’s like to have an experience – the phenomenal character of an experience – is somehow independent of external particulars. The first thought is readily captured by phenomenal particularism, the view that external particulars are sometimes part of the phenomenal character of experience. The second thought is readily captured by phenomenal generalism, the view that external particulars are never part of phenomenal character. -/- Here I (...) show that a novel version of phenomenal generalism can capture both thoughts in a satisfying fashion. Along the way, I reveal severe problems facing phenomenal particularism and also shed light on the mental kinds under which experiences fall. (shrink)

Recent discussions of emergence in physics have focussed on the use of limiting relations, and often particularly on singular or asymptotic limits. We discuss a putative example of emergence that does not fit into this narrative: the case of phonons. These quasi-particles have some claim to be emergent, not least because the way in which they relate to the underlying crystal is almost precisely analogous to the way in which quantum particles relate to the underlying quantum field theory. But there (...) is no need to take a limit when moving from a crystal lattice based description to the phonon description. Not only does this demonstrate that we can have emergence without limits, but also provides a way of understanding cases that do involve limits. (shrink)

Review of David Faust, The Limits of Scientific Reasoning.

Dissertation Prospectus. Exploring the limits of New Mechanism as a general theory of scientific explanation, limiting its scope and proposing constraints.

This essay offers an account of Kierkegaard’s view of the limits of thought and of what makes this view distinctive. With primary reference to Philosophical Fragments, and its putative representation of Christianity as unthinkable, I situate Kierkegaard’s engagement with the problem of the limits of thought, especially with respect to the views of Kant and Hegel. I argue that Kierkegaard builds in this regard on Hegel’s critique of Kant but that, against Hegel, he develops a radical distinction between two types (...) of thinking and inquiry: the ‘aesthetic-intellectual’ and the ‘ethico-religious’. I clarify this distinction and show how it guides Kierkegaard’s conception of a form of philosophical practice that involves drawing limits to the proper sphere of disinterested contemplation. With reference to two rival interpretations of Kierkegaard’s approach to the limits of thought—which I call ‘bullet-biting’ and ‘relativizing’—I further show how my ‘disambiguating’ account can better explain how, and why, his work courts a form of self-referential incoherence, in which it appears that certain limits of thought are at once affirmed and violated. (shrink)

In Philosophical Investigations §§185–201, Wittgenstein addresses an oscillation in our thinking about the nature of rules. He seems to introduce a problem—how do we follow rules?—, and a “paradox” in which it is rooted, in order to find a solution to them; only to then call the whole puzzle a “misunderstanding” after all. My contention is that this apparent friction can best be understood and resolved when we view it in light of Wittgenstein’s engagement with limits and limitations, and how (...) easy it is to confuse one with the other when thinking about human thought and language. This central bit of the frequently discussed “rule-following considerations,” then, is concerned not simply with matters of semantics, convention, or community, but rather with the question of a proper philosophical method for thinking about our life with language in general. When traced out, these few remarks elucidate a bifurcation in interpreting one of the central methodological themes in Wittgenstein. (shrink)

In the essay "Philosophy and the Meaning of Life," found within the book "Philosophical Explanations," Robert Nozick proposes that the key to comprehending how theistic religions can impart meaning to human existence lies in the concept of God's boundless nature. This unlimited quality is an expansive backdrop, capable of imbuing the comparatively finite lives of theists with profound meaning. Furthermore, Nozick argues that meaningful lives are not restricted solely to the theistic realm defined by God's boundlessness because, paradoxically, God's boundlessness (...) imposes a limitation upon itself. This perspective emerges from Nozick's theory of "limited transcendence," which involves transcending our inherent limitations to connect with a broader context that possesses limitations but imparts meaning to our lives—albeit within defined boundaries (Nozick, 25). In essence, Nozick's theory suggests that meaning can be found in life beyond the confines of theistic religion. (shrink)

This paper defends Priorianism, a theory in the philosophy of time which combines three theses: first, that there is a metaphysical distinction between the present time and non-present times; second, that there are temporary propositions, that is, propositions that change in truth-value simpliciter over time; and third, that there is change over time only if there are temporary propositions. Priorianism is accepted by many Presentists, Growing Block Theorists, and Moving Spotlight Theorists. However, it is difficult to defend the view without (...) appealing to premises that those who reject the view find controversial. My aim in this paper is to defend Priorianism in a way that largely avoids appealing to such premises. I do three things: first (Section 1), I describe the component theses of Priorianism and the relations between them. Next (Section 2), I show how Priorians can respond to the argument that the B-theory implies that there are temporary propositions, and therefore satisfies the Priorian condition for there being change over time. Finally (Section 3), I defend the Priorian thesis that there is change over time only if there are temporary propositions against an alternative principle of change defended by Ross Cameron (The Moving Spotlight, 2015). (shrink)

It has become increasingly common recently to construe human natureas setting some pretty stringent limits to moral endeavour. Many consequentialists, in particular, take considerations concerning human nature to defeat certain demanding norms that would otherwise follow from their theory. One argument is that certain commitments ground psychological incapacitiesthat prevent us from doing what would maximize the good. Another is that we would be likely to suffer some kind of psychological demoralization if we tried to become significantly more selfless. I argue (...) that influential versions of both of these arguments underestimate our deliberative resources, and also fail to examine the kind of moral sources that may be able to sustain rigorous moral endeavour. Pessimism about our capacities for such endeavour results from the neglect of these factors, rather than from uncovering any significant limitations in human nature. (shrink)

To demarcate the limits of experimental knowledge, we probe the limits of what might be called an experiment. By appeal to examples of scientific practice from astrophysics and analogue gravity, we demonstrate that the reliability of knowledge regarding certain phenomena gained from an experiment is not circumscribed by the manipulability or accessibility of the target phenomena. Rather, the limits of experimental knowledge are set by the extent to which strategies for what we call ‘inductive triangulation’ are available: that is, the (...) validation of the mode of inductive reasoning involved in the source-target inference via appeal to one or more distinct and independent modes of inductive reasoning. When such strategies are able to partially mitigate reasonable doubt, we can take a theory regarding the phenomena to be well supported by experiment. When such strategies are able to fully mitigate reasonable doubt, we can take a theory regarding the phenomena to be established by experiment. There are good reasons to expect the next generation of analogue experiments to provide genuine knowledge of unmanipulable and inaccessible phenomena such that the relevant theories can be understood as well supported. This article is part of a discussion meeting issue ‘The next generation of analogue gravity experiments’. (shrink)

What are and where are the ethical limits of neuroeducation? The article reflects on a necessary question for the evolution of cognitive processes through critical deliberation, the delimitation of boundaries and the estimation of progress. On the one hand, it argues that the experimental turn could call into question the ethical and humanistic goal of education; on the other hand, it argues that a systematic renunciation of neuroscientific advances would also mean abandoning the quest for human flourishing. The humanities alone (...) do not provide the biopsychosocial approach from which we must understand our self-realisation. Thus, the first of the limits that is the origin of all the others arises from a scientific-humanist dilemma. The new boundaries to be delimited are the neuroscientific implications in themselves and how these are translated into educational, if they were to be valid in this field. Here neuromyths play an important role. It is precisely neuroethics as an applied ethics or branch of bioethics that takes up these aspects through neuroeducational ethics and educational neuroethics. In its fundamental branch, this discipline opens up the debate on moral neuroeducation. But the possibility of reducing morality and all that we are to our neural bases leads to new limits. To overcome them, he highlights the potential of a sociocultural and biological symbiosis with the notions of 'neuroculture' and 'proactive epigenesis'. Finally, the essay deliberates on the more speculative boundaries between what we are and our possibilities for understanding it on the basis of transhumanism. ____________________________________________________________________________________________________ ______________________________________________________________________________________________¿Cuále s son y dónde están los límites éticos de la neuroeducación? El artículo reflexiona sobre una cuestión necesaria para el devenir de los procesos cognitivos mediante la deliberación crítica, la delimitación de fronteras y la estimación del progreso. Su hilo argumental proyecta, por un lado, que el giro experimental podría poner en entredicho el objetivo ético y humanista de la educación; por otro lado, que una renuncia sistemática a los avances de las neurociencias supondría, igualmente, abandonar la búsqueda del florecimiento humano. Las humanidades solo no brindan el enfoque biopsicosocial desde el que hemos de entender nuestra autorrealización. Por ende, el primero de los límites que es origen de todos los demás surge dada una disyuntiva científico-humanista. Los nuevos confines a delimitar subyacen de las implicaciones neurocientíficas en sí mismas y de cómo estas se trasladan a la praxis escolar, si es que tuviesen validez en este campo. Aquí los neuromitos juegan un papel importante. Precisamente, la neuroética como ética aplicada o rama de la bioética recoge estos aspectos mediante la ética neuroeducativa y la neuroética educativa. En su rama fundamental, dicha disciplina abre el debate sobre la neuroeducación moral. Pero la posibilidad de reducir lo moral y todo lo que somos a nuestras bases neurales deriva en nuevos límites. Para superarlos, destaca el potencial de una simbiosis sociocultural y biológica con las nociones de ‘neurocultura’ y de ‘epigénesis proactiva’. Finalmente, el ensayo delibera sobre los límites más especulativos entre lo que somos y nuestras posibilidades para entenderlo en base al transhumanismo._____________________________________________________________________________________ ____________________________________________________________________________________________________ _______HOW TO CITE / CÓMO CITAR: Castillo, P. (2023). Los límites éticos de la neuroeducación. Teoría de la Educación. Revista Interuniversitaria, 35(2), 191-208. (shrink)