It is plausible that there are epistemic reasons bearing on a distinctively epistemic standard of correctness for belief. It is also plausible that there are a range of practical reasons bearing on what to believe. These theses are often thought to be in tension with each other. Most significantly for our purposes, it is obscure how epistemic reasons and practical reasons might interact in the explanation of what one ought to believe. We draw an analogy with a similar distinction between (...) types of reasons for actions in the context of activities. The analogy motivates a two-level account of the structure of normativity that explains the interaction of correctness-based and other reasons. This account relies upon a distinction between normative reasons and authoritatively normative reasons. Only the latter play the reasons role in explaining what state one ought to be in. All and only practical reasons are authoritative reasons. Hence, in one important sense, all reasons for belief are practical reasons. But this account also preserves the autonomy and importance of epistemic reasons. Given the importance of having true beliefs about the world, our epistemic standard typically plays a key role in many cases in explaining what we ought to believe. In addition to reconciling (versions of) evidentialism and pragmatism, this two-level account has implications for a range of important debates in normative theory, including the interaction of right and wrong reasons for actions and other attitudes, the significance of reasons in understanding normativity and authoritative normativity, the distinction between ‘formal’ and ‘substantive’ normativity, and whether there is a unified source of authoritative normativity. (shrink)

Efficient markets are alienating if they inhibit us from recognizably caring about one another in our productive activities. I argue that efficient market behaviour is both exclusionary and fetishistic. As exclusionary, the efficient marketeer cannot manifest care alongside their market behaviour. As fetishistic, the efficient marketeer cannot manifest care in their market behaviour. The conjunction entails that efficient market behavior inhibits care. It doesn’t follow that efficient market behavior is vicious: individuals might justifiably commit to efficiency because doing so serves (...) the common good. But efficient market systems nevertheless have significant opportunity costs. The discussion yields a range of desiderata for non-alienated economic organization. (shrink)

Social media has always been popular, and it continues to be so today. As a result, there has been a steady increase in the number of influencers across various platforms. In which these so-called influencers with a following have established that there are people who look up to them and admire their work. It is the focus of this study to demonstrate the effectiveness of influencer marketing when it comes to the development of a product and/or brand. The proponents have (...) conducted a focus group discussion with a group of ten students who have previous experience in content creation and distribution. The discussion will center on the effectiveness of influencer marketing and how it can be implemented. Researchers have discovered that influencers, or those with a following, have an impact on consumers, to Filipinos in particular. This, in turn, has an impact on whether the consumer is inclined to purchase or patronize the endorsed product. Consequently, when brands collaborate with appropriate influencers, they can create a positive impression in the minds of consumers and increase sales. (shrink)

The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.

The international protest surrounding the Copenhagen Zoo’s recent decision to kill a healthy giraffe in the name of population management reveals a deep moral tension between contemporary zoological display practices—which induce zoo-goers to view certain animals as individuals, quasi-persons, or friends—and the traditional objectives of zoos, which ask us only to view animals as specimens. I argue that these zoological display practices give rise to moral obligations on the part of zoos to their visitors, and thus ground indirect duties on (...) behalf of zoos to their animals. I conclude that zoos might take on interspecies friendship as a new zoological objective. (shrink)

Background/purpose – This study analyzed the contribution of three mentorship practices relatively and cumulatively to the research productivity of early-career academics in the field of educational psychology in universities. The study was conducted in the South- South region of Nigeria. -/- Materials/methods – The research method adopted was the quantitative approach, following the ex-post facto research design. The study’s population covered 723 early-career researchers (ECRs) in educational psychology distributed across 19 universities located in South-South Nigeria. The “Mentorship Practices and Research (...) Productivity Questionnaire” (MPRPQ) was the instrument used for data collection. The questionnaire was designed by the researchers and then validated by three experts. Reliability analysis was performed using the Cronbach approach with estimates of .80, .79, .87, and .91 obtained for the four clusters. Primary data were collected from the field after copies of the instrument had been administered to respondents. -/- Results – Mentorship practices were generally revealed to significantly contribute to the research productivity of ECRs in educational psychology in universities. Specifically, the adoption of cloning and apprenticeship approaches to mentorship contributed substantially to the ECRs’ research productivity. However, the study highlighted that nurturing contributed only negligibly to the ECRs’ research productivity. -/- Conclusion – Mentorship practices are important determinants to the research productivity of early-career educational psychologists. In order to boost the productive research capacities of ECRs, there is a need for institutions to strengthen their mentorship practices. (shrink)

Two lines of evidence indicate that there exists a reciprocal inhibitory relationship between opposed brain networks. First, most attention-demanding cognitive tasks activate a stereotypical set of brain areas, known as the task-positive network and simultaneously deactivate a different set of brain regions, commonly referred to as the task negative or defaultmode network. Second, functional connectivity analyses show that these same opposed networks are anti-correlated in the resting state. Wehypothesize that these reciprocally inhibitory effects reflect two incompatible cognitive modes, each of (...) which may be directed towards understanding the external world. Thus, engaging onemode activates one set of regions and suppresses activity in the other.Wetest this hypothesis by identifying two types of problem-solving task which, on the basis of prior work, have been consistently associated with the task positive and task negative regions: tasks requiring social cognition, i.e., reasoning about the mental states of other persons, and tasks requiring physical cognition, i.e., reasoning about the causal/mechanical properties of inanimate objects. Social and mechanical reasoning tasks were presented to neurologically normal participants during fMRI. Each task type was presented using both text and video clips. Regardless of presentation modality, we observed clear evidence of reciprocal suppression: social tasks deactivated regions associated with mechanical reasoning and mechanical tasks deactivated regions associated with social reasoning. These findings are not explained by self-referential processes, task engagement, mental simulation,mental time travel or external vs. internal attention, all factors previously hypothesized to explain default mode network activity. Analyses of resting state data revealed a close match between the regions our tasks identified as reciprocally inhibitory and regions of maximal anti-correlation in the resting state. These results indicate the reciprocal inhibition is not attributable to constraints inherent in the tasks, but is neural in origin. Hence, there is a physiological constraint on our ability to simultaneously engage two distinct cognitive modes. Furtherwork is needed tomore precisely characterize these opposing cognitive domains. (shrink)

Contemporary egalitarian liberals—unlike their classical counterparts—have lived through many contentious events where the right to freedom of expression has been tested to its limits—the Skokie, Illinois, skinhead marches, hate speech incidents on college campuses, Internet pornography and hate speech sites, Holocaust deniers, and cross-burners, to name just a few. Despite this contemporary tumult, freedom of expression has been nearly unanimously affirmed in both the U.S. jurisprudence and philosophical discourse. In what follows, I will examine Ronald Dworkin's influential contemporary justification for (...) freedom of expression, which claims that a thoroughgoing right to freedom of expression is justified by the fact that it guarantees and preserves liberalism's commitment to equality by offering everyone an opportunity to speak, whereas any other policy, such as state regulation, would fail to offer this equal opportunity. This justification has been challenged by feminists and critical race theorists, who find the cases of pornography and hate speech to be sufficient threats to the freedom of expression and equality of their targets—women and minorities—to warrant limiting freedom of expression in these cases. I will argue that if Dworkin is to take equality as seriously as he claims to, then, by his own lights, he must back away from an unrestricted freedom of expression, in light of these distinctly contemporary challenges of the harms of systemic racism and sexism, which underlie hate speech and pornography. (shrink)

This paper develops the Value-Based Theory of Reasons in some detail. The central part of the paper introduces a number of theoretically puzzling features of normative reasons. These include weight, transmission, overlap, and the promiscuity of reasons. It is argued that the Value-Based Theory of Reasons elegantly accounts for these features. This paper is programmatic. Its goal is to put the promising but surprisingly overlooked Value-Based Theory of Reasons on the table in discussions of normative reasons, and to draw attention (...) to a number of areas for fruitful further research. (shrink)

It is regrettably common for theorists to attempt to characterize the Humean dictum that one can’t get an ‘ought’ from an ‘is’ just in broadly logical terms. We here address an important new class of such approaches which appeal to model-theoretic machinery. Our complaint about these recent attempts is that they interfere with substantive debates about the nature of the ethical. This problem, developed in detail for Daniel Singer’s and Gillian Russell and Greg Restall’s accounts of Hume’s dictum, is of (...) a general type arising for the use of model-theoretic structures in cashing out substantive philosophical claims: the question of whether an abstract model-theoretic structure successfully interprets something often involves taking a stand on non-trivial issues surrounding the thing. In the particular case of Hume’s dictum, given reasonable conceptual or metaphysical claims about the ethical, Singer’s and Russell and Restall’s accounts treat obviously ethical claims as descriptive and vice versa. Consequently, their model-theoretic characterizations of Hume’s dictum are not metaethically neutral. This encourages skepticism about whether model-theoretic machinery suffices to provide an illuminating distinction between the ethical and the descriptive. (shrink)

Our contemporary politics faces the paradoxical problem that while we are inundated with images on our screens, we nevertheless seem to lack creative political imagination to conceive of solutions to our global problems. One account for this paradox is Chiara Bottici’s suggestion that the constant stream of virtual images produced qualitatively alters them to such an extent that they become ends in themselves: thus, spectacularizing our politics. My claim, against Bottici’s, is that it is not the case that the increase (...) in images created causes a qualitative change; rather, the increase in images created results from an already occurred qualitative change that images are created for their own sake instead of as a response to the particular situation’s determining conditions. The concept of the imaginal, insofar as it is unhinged from these local conditions, is itself the precondition for the very problem of political spectacularization that we face. To support my claim, I utilize Aristotle’s concepts of imagination, desire, and practical truth to show that without truth conditions determined by the particular, the political imaginal ends up operating under the motive of image for its own sake—which is, at bottom, desire for its own sake—thus feeding into the creation of more images devoid of concrete solutions. (shrink)

What constitutes a scientific discovery? What role do discoveries play in science, its dynamics and social practices? Must every discovery be attributed to an individual discoverer (or a small number of discoverers)? The paper explores these questions by first critically examining extant philosophical explications of scientific discovery—the models of scientific discovery, propounded by Kuhn, McArthur, Hudson, and Schindler. As a simple, natural and powerful alternative, we proffer the “change-driver model”: in a nutshell, it takes discoveries to be cognitive scientific results (...) that have epistemically advanced science. The model overcomes the shortcomings of its precursors, whilst preserving their insights. We demonstrate its intensional and extensional superiority, especially with respect to the link between scientific discoveries and the dynamics of science, as well as the award system of science. Both as an illustration, and as an application to a recent scientific and political controversy, we apply the considered models of discovery to one of the most momentous discoveries of science: the expansion of the universe. We oppose the 2018 proposal of the International Astronomers’ Union as too simplistic vis-`a-vis the historical complexity of the episode. The change- driver model yields a more nuanced and circumspect verdict: (i) The redshift-distance relation shouldn’t be named the “Hubble-Lemaître Law”, but “Slipher-Lundmark-Hubble-Humason Law”; (ii) Its interpretation in terms of an expanding universe, however, Lemaître ought to be given credit for; but (iii) The establishment of the expansion of the universe, as an evidentially sufficiently warranted result, is a communal achievement, emerging in the 1950s or 1960s. (shrink)

This conversational opinion article between two parties – Kate, a disability performance scholar and Sarah, an interdisciplinary artist-scholar with lived experience of disability – considers the dancing body as redeemer in the specific case of a dancer experiencing ‘chemo fog’, or Chemotherapy-Related Cognitive Impairment (CRCI) after undergoing oncological treatments for Hodgkin Lymphoma. This work draws on Pini’s own lived experience of illness (Pini & Pini, 2019) in dialogue with Maguire-Rosier’s study of dancers with hidden impairments (Gibson & Maguire-Rosier, (...) 2020). In an exploratory account based on an interview with one another, the authors ask: when our senses and perceptions of ourselves and the world we become are obfuscated, what is the nature of the new relationship between the performing self and its absent body/mind/world? How can we shape our narrative and articulate who we are, what we are doing or where we are going, if we are moving in the ‘fog’? Our discussion reveals how Pini’s dancing body elucidates healing, while recovering an agentic perspective in her experience of alienation and frustration tied to chemo fog and related impairments. With this work we offer an original perspective on how a dancing body can resist theoretical diagnosis. (shrink)

An ethical theory is alienating if accepting the theory inhibits the agent from fitting participation in some normative ideal, such as some ideal of integrity, friendship, or community. Many normative ideals involve non-consequentialist behavior of some form or another. If such ideals are normatively authoritative, they constitute counterexamples to consequentialism unless their authority can be explained or explained away. We address a range of attempts to avoid such counterexamples and argue that consequentialism cannot by itself account for the normative authority (...) of all plausible such ideals. At best, consequentialism can find a more modest place in an ethical theory that includes non-consequentialist principles with their own normative authority. (shrink)

Context — Children and adults with psychopathic traits and conduct or oppositional defiant disorder demonstrate poor decision making and are impaired in reversal learning. However, the neural basis of this impairment has not previously been investigated. Furthermore, despite high comorbidity of psychopathic traits and attention deficit/hyperactivity disorder, to our knowledge, no research has attempted to distinguish neural correlates of childhood psychopathic traits and attention-deficit/hyperactivity disorder. Objective—To determine the neural regions that underlie the reversal learning impairments in children with psychopathic traits (...) plus conduct or oppositional defiant disorder. Design — Case-control study. Setting — Government clinical research institute. Participants — Forty-two adolescents aged 10 to 17 years: 14 with psychopathic traits and oppositional defiant disorder or conduct disorder, 14 with attention-deficit/hyperactivity disorder only, and 14 healthy controls. Main Outcome Measure — Blood oxygenation level–dependent signal as measured via functional magnetic resonance imaging during a probabilistic reversal task. Results — Children with psychopathic traits showed abnormal responses within the ventromedial prefrontal cortex (Brodmann area 10) during punished reversal errors compared with children wit hattention deficit/hyperactivity disorder and healthy children (P < .05 corrected for multiple comparisons). Conclusions — To our knowledge, this study provides the first evidence of abnormal ventromedial prefrontal cortex responsiveness in children with psychopathic traits and demonstrates this dysfunction was not attributable to comorbid attention-deficit/hyperactivity disorder. These findings suggest that reversal learning impairments in patients with developmental psychopathic traits relate to abnormal processing of reinforcement information. (shrink)

Abstract The values of the healthcare sector are fairly ubiquitous across the globe, focusing on caring and respect, patient health, excellence in care delivery, and multi-stakeholder collaboration. Many individual pharmacists embrace these core values. But their ability to honor these values is significantly determined by the nature of the system they work in. -/- The paper starts with a model of the prevailing pharmacist workforce model in Scotland, in which core roles are predominantly separated into hierarchically disaggregated jobs focused on (...) one professional ‘pillar’: Clinician /Practice Provider; Educator; Leader/Manager; and Researcher. This is the ‘Atomistic’ Model. This skills-segregation yields a workforce of individuals working in isolation rather than collaborating together, and lacking a shared information flow, purpose and identity. Key strategic flaws include suboptimal responsiveness to population and subpopulation needs, inconsistency and inequity of care, an erosion of professional agency, and lower job satisfaction. It is conjectured that this results from a lack of congruence between values, professional ethos, and organizational structure. ‘Atomism’ culminates in a syndrome of widespread professional-level cognitive dissonance. -/- The paper contrasts this with a new emerging workforce vision, The Collaborative Care Model. This new model defines a systems-first-approach, built on the principle that all jobs must include all four professional ‘pillars’. Vertical skills integration, involving education and task sharing, will support sustainability and succession planning. Horizontal skills integration (across practice, leadership and research) is included to improve responsiveness to population need and individual professional agency. The working conditions, supportive ethos, and career structure needed to make the model work are described. Moral theory and workforce theory are used to justify why the model may be more effective for population health, delivering greater job satisfaction for individuals and ultimately helping systematically realize and honor healthcare values. Finally, the paper sketches the first steps needed to implement the model at the national level, starting with the operationalization of new multi-pillar professional curricula across the career spectrum. Potential pitfalls and challenges are also discussed. -/- Co-Authors: 1. Paul Forsyth (PF) Lead Pharmacist Clinical Cardiology, Pharmacy, NHS Greater Glasgow & Clyde. Contribution: Conceptualization; Model Curation; Model Theory; Model Visualization; Writing - original draft (lead author), Writing - review & editing (lead author) 2. Andrew Radley (AR), Consultant in Public Health Pharmacy, NHS Tayside. Contribution: Conceptualization; Model curation; Model Theory; Writing - review & editing 3. Gordon Rushworth (GR), MPharm MSc FFRPS FRPharmS (Consultant). Programme Director, Highland Pharmacy Education & Research Centre, NHS Highland, Inverness. Contribution: Model curation; Writing - review & editing 4. Fiona Marra (FM) National Lead Clinician Scottish Infection and Immunology Network (SPAIIN) / Advanced Pharmacist HCV / HIV, NHS Greater Glasgow & Clyde. Contribution: Model curation; Writing - review & editing 5. Susan Roberts (SR) Associate Postgraduate Pharmacy Dean, NHS Education for Scotland. Contribution: Model curation; Writing - review & editing 6. Roisin O’Hare (RO) Lead Teacher Practitioner Pharmacist, Northern Ireland University Network, Southern Health and Social Care Trust. Contribution: Model curation; Writing - review & editing 7. Catherine Duggan (CD) Chief Executive Officer, International Pharmaceutical Federation (FIP). Contribution: Model curation; Writing - review & editing 8. Barry Maguire (BM) Senior Lecturer, School of Philosophy, Psychology and Life Sciences, The University of Edinburgh. Contribution: Conceptualization; Model Curation; Model Theory; Model Visualization; Supervision; Writing - original draft (senior academic supervisor), Writing - review & editing (senior academic supervisor) -/- . (shrink)

This paper presents a puzzle for Act Consequentialists who do not want to shoot Pelé. The puzzle arises from cases involving the promotion of virtue, and motivates a systematic restriction on the separability of reasons.

Online education has become an essential component of education. Thus, several factors, such as the student’s learning strategy and motivation, generally contribute to their academic success. This study investigates the relationship between learning strategies, motivation, and online learning environment among 150 first-year college students. Employing correlational design, the statistical findings of the study reveal that the r coefficient of 0.59 indicates a moderate positive correlation between the variables. The p-value of 0.00, which is less than 0.05, leads to the decision (...) to reject the null hypothesis. Hence, a significant relationship exists between learning strategies, motivation, and the online learning environment. (shrink)

Transdisciplinary research knits together knowledge from diverse epistemic communities in addressing social-environmental challenges, such as biodiversity loss, climate crises, food insecurity, and public health. This paper reflects on the roles of philosophy of science in transdisciplinary research while focusing on Indigenous and other subaltern forms of knowledge. We offer a critical assessment of demarcationist approaches in philosophy of science and outline a constructive alternative of transdisciplinary philosophy of science. While a demarcationist focus obscures the complex relations between epistemic communities, transdisciplinary (...) philosophy of science provides resources for meeting epistemic and political challenges of collaborative knowledge production. (shrink)

Moral judgments about an action are influenced by the action’s intentionality. The reverse is also true: judgments of intentionality can be influenced by an action’s moral valence. For example, respondents judge a harmful side-effect of an intended outcome to be more intentional than a helpful side-effect. Debate continues regarding the mechanisms underlying this “side-effect effect” and the conditions under which it will persist. The research behind this chapter tested whether the side-effect effect is intact in adolescents with psychopathic traits, who (...) are characterized by persistent immoral behavior, deficient moral emotions, and impairments in some forms of moral judgment. Results showed no differences between healthy adolescents and those with psychopathic traits: both groups judged harmful side-effects to be more intentional than helpful side-effects by an approximately 2:1 ratio. The chapter discusses these results in light of hypothesized mechanisms underlying the side-effect effect, and in light of our current understanding of moral reasoning deficits in psychopathy. (shrink)

This study used a structural equation modelling approach to assess the association between employee work- life policies, psychological empowerment, and academic staff job commitment in universities in Cross River State, Nigeria. Three null hypotheses were formulated to guide the study following a descriptive survey research design. Multistage sampling procedure was adopted in the selection of 315 academic staff from two universities in the study area. “Work-Life Policies, Psychological Empowerment and Job Commitment Questionnaire (WPPEJCQ)” was used as the instrument for data (...) collection. The construct validity of the instrument was ascertained through an Exploratory Factor Analysis (EFA) using the Principal Component Analysis (PCA). The Kaiser-Meyer-Ohlin of .894 and the Bartlett coefficient of 7795.820 were obtained. Several fit indices of Confirmatory Factor Analysis were used to accept the model such as RMSEA=.031, TLI=.969, CFI=.971 and many others. The null hypotheses were all tested using Path analysis. Findings revealed, among others, that there is a significant effect of work-life policies on the affective (β=.774,t=21.636,p<.05), continuance (β=.450,t=8.932,p<.05), and normative (β=490,t=9.967,p<.05) dimensions of academic staff commitment; furthermore, psychological empowerment has a significant effect on the affective (β=.795,t=23.199,p<.05), continuance (β=.501,t=10.261,p<.05) and normative (β = .520, t = 10.795, p< .05) dimensions of staff commitment; and there is a significant composite effect of work-life policies and psychological empowerment on the affective, continuance, and normative commitment levels of academic staff in universities. Based on these findings, conclusions and recommendations were made. (shrink)

Previous research has interlinked alcohol consumption (AC), mental stress (MS), psychotic experiences (PE), and academic performance (AP) of students and psychological behavior of the general population. The current study seems to be the first to consider the joint and partial mediation effects of MS and PE in linking AC to graduates’ job performance in specific areas such as teamwork (TW), communication competence (CC), customer service (CS), and job functions (JF). A virtual cross-section of 3,862 graduates with self-reported cases of having (...) taken alcohol in the past participated in the study. These participants responded to an electronic questionnaire that was mailed to them. The instrument used for data collection had acceptable psychometric properties. The study used the partial least squares structural equation modeling (PLS-SEM) to achieve its objectives. The inner and outer models were all evaluated for quality and goodness of fit. Results showed a significant negative effect of AC and MS on graduates’ job performance in terms of TW, CC, CS, and JF, respectively. AC had a significant positive effect on MS and PE. MS had a significant positive effect on PE. A significant joint mediation effect of MS and PE was found in linking AC to graduates’ TW, CC, and CS, excluding JF. MS partially mediated AC’s paths to all the graduates’ job performance indicators. PE was only a significant partial mediator of the connection between AC to JF, but not TW, CC, and CS. This study’s result can help improve graduates’ work effectiveness and has revealed some negative predictors. Therefore, it is recommended that graduates avoid alcohol or only consume mild quantities of it to enable them to discharge services effectively at the workplace. (shrink)

This article critically analyses the dynamic levels at which metaphor, as the preferred trope through which pain is conceived and expressed, is signified in Chris Abani’s Becoming Abigail. It interrogates the creative representation of pain as a psychological and physical motif using Trauma and post colonialism as its theoretical anchor. The adoption of metaphor, therefore, creates a therapeutic space that exists beyond linguistic constraints, having the individual wield a certain form of linguistic liberty and privilege. It is this privilege (...) and liberty that the writer experiments with in his portrayal of the pain that characters feel in the creative universe of the novel that we engage in this paper. We conclude that the characters in Abani’s novel are true embodiments of pain, who scale the hurdles and challenges posed by villain and the society at large to become assertive personalities against denials and effacement. (shrink)

A new wave of evidentialist theorizing concedes that evidentialism may be extensionally incorrect as an account of all-things-considered rational belief. Nevertheless, these _newer evidentialists_ maintain that there is an importantly distinct type of epistemic rationality about which evidentialism may be the correct account. I argue that natural ways of developing the newer evidentialist position face opposite problems. One version, due to Christensen (Philos Phenomenol Res 103:501–517, 2021), may correctly describe what rationality requires, but does not entail the existence of a (...) distinctively epistemic type of rationality. Another version, due to Maguire and Woods (Philos Rev 129:211–249, 2020), characterizes a normative concept that is both distinct and epistemic, but struggles to explain why this concept should be classified as a type of rationality. I conclude that the newer evidentialist strategy of extensional compromise may be less favorable to evidentialism than previously supposed. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal (...) v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 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 annual law books 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. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 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. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)