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)

In my thesis, I examined the theories of Extended Mind, Extended Conscious Mind and Enactivism. Briefly, Extended Mind (Clark and Chalmers, 1998) is the claim that objects in the environment can, on occasion, form part of your mental processing. Extended Conscious Mind (Clark, 2009; Ward, 2012) is the claim that environmental objects can, on occasion, also form part of your conscious experience. Enactivism (Varela, Thompson and Rosch, 1991) is the claim that mind and experience are constituted by bodily (...) actions. I argued that although all three theories challenge the idea that the mind is solely located inside the head, they nonetheless disagree as to what this entails for our views about human mentality. For example, Extended Mind and Enactivism have differing views on how to understand the role the body plays in realising mind and experience. I concluded that only a certain variety of Enactivism (e.g. Hutto and Myin, 2013) offers a fresh approach to issues current in philosophy of mind and cognitive science. (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)

The genre to which an artwork belongs affects how it is to be interpreted and evaluated. An account of genre and of the criteria for genre membership should explain these interpretative and evaluative effects. Contrary to conceptions of genres as categories distinguished by the features of the works that belong to them, I argue that these effects are to be explained by conceiving of genres as categories distinguished by certain of the purposes that the works belonging to them are intended (...) to serve. (shrink)

Language defines human existence. Yet defining language is a fraught project. I use the term "language" to refer to a specific mode of information transfer. First, it is a communicative mode. By communication I mean the information transfer serves a function, that is, an activity that occurs because it has increased the evolutionary fitness of ancestors. Secondly, while all communication is governed by norms, human communication, as opposed to biological communication, is governed by norms that have evolved within the learned (...) traditions of individual cultures. The meaning of an assertion in a culture’s language is the set of commitments to which that culture holds its speakers when they utter that assertion. Syntax has appeared in recent evolution to facilitate and enrich the communicative function, but it is a secondary aspect of language. The defining characteristic of human communication, of "language," -- is its capacity to constitute meaning. (shrink)

In this paper, I provide a descriptive definition of art that is able to accommodate the existence of bad art, while illuminating the value of good art. This, I argue, is something that existing definitions of art fail to do. I approach this task by providing an account according to which what makes something an artwork is the institutional process by which it is made. I argue that Searle’s account of institutions and institutional facts shows that the existence of all (...) institutions is due to their being perceived by their participants to perform some humanly valuable function. I then identify the functions to which the existence of art institutions is due. I then use these functions to provide a reductive institutional definition of art. Finally, in section seven, I examine the account’s consequences for the value of good art. (shrink)

Discussions of sexual ethics often focus on the wrong of treating another as a mere object instead of as a person worthy of respect. On this view, the task of sexual ethics becomes putting the other’s subjectivity above their status as erotic object so as to avoid the harms of objectification. Ward and Anderson argue that such a view disregards the crucial, moral role that erotic objecthood plays in sexual encounters. Important moral features of intimacy are disclosed through the (...) experience of being an erotic object for another, as well as in perceiving another as an erotic object. Drawing on phenomenology, especially the insights of Simone de Beauvoir, Ward and Anderson argue that erotic encounters are shaped by the human condition of ambiguity, where being an object for others is intertwined with bodily agency. Because sexual agency is complex in this way, theories of sexual ethics and responsibility must widen their focus beyond transparent communication and authoritative expressions of will. (shrink)

It is generally recognised that an adequate resemblance-based account of depiction must specify some standard of correctness which explains how a picture’s content differs from the content we would attribute to it purely on the basis of resemblance. For example, an adequate standard should explain why stick figure drawings do not depict emaciated beings with gargantuan heads. Most attempts to specify a standard of correctness appeal to the intentions of the picture’s maker. However, I argue that the most detailed such (...) attempt to date is incomplete. I argue that an adequate standard can be given only if one construes a picture’s content as being pictorially implicated, in a way analogous to that in which Grice explains an utterance’s meaning as being conversationally implicated. I propose a theory of pictorial implicature and use it as the basis for an intention-based standard of correctness. I show how this standard is able to explain both the ways in which the content of pictures differs from the content we would attribute to them solely on the basis of resemblance, and how we are able to apply an intention-based standard of correctness even though we lack any independent knowledge of the intentions of pictures’ makers. (shrink)

There is a variety of epistemic roles to which photographs are better suited than non-photographic pictures. Photographs provide more compelling evidence of the existence of the scenes they depict than non-photographic pictures. They are also better sources of information about features of those scenes that are easily overlooked. This chapter examines several different attempts to explain the distinctive epistemic value of photographs, and argues that none is adequate. It then proposes an alternative explanation of their epistemic value. The chapter argues (...) that photographs play the epistemic roles they do because they are typically rich sources of depictively encoded information about the scenes they depict, and reliable depictive representations of those scenes. It then explains why photographs differ from non-photographic pictures in both respects. (shrink)

According to ontological nihilism there are, fundamentally, no individuals. Both natural languages and standard predicate logic, however, appear to be committed to a picture of the world as containing individual objects. This leads to what I call the \emph{expressibility challenge} for ontological nihilism: what language can the ontological nihilist use to express her account of how matters fundamentally stand? One promising suggestion is for the nihilist to use a form of \emph{predicate functorese}, a language developed by Quine. This proposal faces (...) a difficult objection, according to which any theory in predicate functorese will be a notational variant of the corresponding theory stated in standard predicate logic. Jason Turner (2011) has provided the most detailed and convincing version of this objection. In the present paper, I argue that Turner's case for the notational variance thesis relies on a faulty metasemantic principle and, consequently, that an objection long thought devastating is in fact misguided. (shrink)

This introduction to a special issue of Topoi introduces and summarises the relationship between three main varieties of 'enactivist' theorising about the mind: 'autopoietic', 'sensorimotor', and 'radical' enactivism. It includes a brief discussion of the philosophical and cognitive scientific precursors to enactivist theories, and the relationship of enactivism to other trends in embodied cognitive science and philosophy of mind.

An adequate account of the nature of genre and of the criteria for genre membership is essential to understanding the nature of the various categories into which comics can be classified. Because they fail adequately to distinguish genre categories from other ways of categorizing works, including categorizations according to medium or according to style, previous accounts of genre fail to illuminate the nature of comics categories. I argue that genres are sets of conventions that have developed as means of addressing (...) particular interpretative and/or evaluative concerns, and have a history of co‐instantiation within a community, such that a work’s belonging to some genre generates interpretative and evaluative expectations among the members of that community. Genres are distinct from styles in consisting of conventions, and are distinct from media both in consisting of conventions and in generating interpretative and evaluative expectations. (shrink)

Audre Lorde’s account of the erotic is one of her most widely celebrated contributions to political theory and feminist activism, but her explanation of the term in her brief essay “Uses of the Erotic” is famously oblique and ambiguous. This article develops a detailed, textually grounded interpretation of Lorde’s erotic, based on an analysis of how Lorde’s essay brings together commitments expressed across her work. I describe four integral elements of Lorde’s erotic: feeling, knowledge, power, and concerted action. The erotic (...) is a way of feeling in the work a person does, which makes possible new knowledge about the self and the social environment— particularly to counteract epistemic oppression imposed by an unjust society. The erotic is a source of power by providing vision and energy for actions integrating a person’s multiple commitments and political interests. It facilitates concerted action and coalition by enhancing a person’s appreciation of their interests and values, while fostering embodied, personal connections that build trust on the basis of shared vulnerability. Thus, the erotic helps build coalitions where genuine differences of perspective and experience can be examined, in resistance against an oppressive society’s epistemic distortions. (shrink)

Throughout her work, Audre Lorde maintains that her self-preservation in the face of oppression depends on acting from the recognition and valorization of her feelings as a deep source of knowledge. This claim, taken as a portrayal of agency, poses challenges to standard positions in ethics, epistemology, and moral psychology. This article examines the oppositional agency articulated by Lorde’s thought, locating feeling, poetry, and the power she calls “the erotic” within her avowed project of self-preservation. It then explores the implications (...) of taking seriously Lorde’s account, particularly for theorists examining ethics and epistemology under nonideal social conditions. For situations of sexual intimacy, for example, Lorde’s account unsettles prevailing assumptions about the role of consent in responsibility between sexual partners. I argue that obligations to solicit consent and respect refusal are not sufficient to acknowledge the value of agency in intimate encounters when agency is oppositional in the way Lorde describes. (shrink)

In this paper, I discuss the influential view that depiction, like language, depends on arbitrary conventions. I argue that this view, however it is elaborated, is false. Any adequate account of depiction must be consistent with the distinctive features of depiction. One such feature is depictive generativity. I argue that, to be consistent with depictive generativity, conventionalism must hold that depiction depends on conventions for the depiction of basic properties of a picture’s object. I then argue that two considerations jointly (...) preclude depiction from being governed by such conventions. Firstly, conventions must be salient to those who employ them. Secondly, those parts of pictures that depict basic properties of objects are not salient to the makers and interpreters of pictures. (shrink)

In this paper, I discuss the account of depiction proposed by Robert Hopkins in his book Picture, Image and Experience. I first briefly summarise Hopkins’s account, according to which we experience depictions as resembling their objects in respect of outline shape. I then ask whether Hopkins’s account can perform the explanatory tasks required of an adequate account of depiction. I argue that there are at least two reasons for which Hopkins’s account of depiction is inadequate. Firstly, the notion of outline (...) shape, as Hopkins presents it, is inconsistent. Moreover, I argue that, while a consistent construal of outline shape is possible, Hopkins’s account becomes indistinguishable from previous accounts of depiction under any such construal. Second, I argue that, however it is construed, the notion of outline shape is unable to explain one of the central features which Hopkins himself insists any successful account of depiction must explain. (shrink)

It is commonly assumed that grounding relations are asymmetric. Here I develop and argue for a theory of metaphysical structure that takes grounding to be nonsymmetric rather than asymmetric. Even without infinite descending chains of dependence, it might be that every entity is grounded in some other entity. Having first addressed an immediate objection to the position under discussion, I introduce two examples of symmetric grounding. I give three arguments for the view that grounding is nonsymmetric (I call this view (...) ‘metaphysical interdependence’). These arguments are: (i) that metaphysical interdependence is the only theory able to reconcile competing intuitions about grounding; (ii) that it is the only theory consistent with both ‘gunk’ and ‘junk’; and (iii) that offers a satisfactory solution to the problem concerning whether or not grounding is itself grounded. (shrink)

Despite the growing attention to oppression and resistance in social and political philosophy as well as ethics, philosophers continue to struggle to describe and appropriately attribute agency under non-ideal circumstances of oppression and structural injustice. This chapter identifies some features of new accounts of non-ideal agency and then examines a particular problem for such theories, what Serene Khader has called the agency dilemma. Under the agency dilemma, attempts to articulate the agency of subjects living under oppression must on the one (...) hand avoid overemphasizing constraints on agency, and thereby producing paternalistic theories that “deny agency” for oppressed subjects, and on the other hand avoid failing to fully appreciate the effects of oppression on agency, thereby missing crucial features of how oppression unjustly shapes a person’s lived possibilities. This chapter traces this dilemma to a preoccupation with ascribing agency, which produces problematic descriptive and political effects for theorizing agency under oppression: what the author calls an asymmetry problem and a disenfranchisement problem. Finally, the chapter proposes that the agency dilemma might be ameliorated if theorists scrutinize more closely how moral, epistemic, and political agency interact and overlap in life under oppression. (shrink)

Our evidential environments are reflections of our social contexts. This is important because the evidence we encounter influences the beliefs we form. But, traditional epistemologists have paid little attention to the generation of this evidential environment, assuming that it is irrelevant to epistemic normativity. This assumption, I argue, is dangerous. Idealizing away the evidential environment obscures the ways that our social contexts distort its contents. Such social distortion can lead to evidential oppression, an epistemic injustice arising from the ubiquity of (...) ideologically-inflected portrayals of oppressed social groups. In some cases, this distortion can be so pervasive as to create a skeptical pothole in agents' epistemic environments---a limited region in which a skeptical scenario obtains. The skeptical challenge of social distortion is important because it suggests that prejudice and irrationality alone may not be enough to explain many harmful beliefs. Where justified belief is merely a matter of responding well to one's evidence, the ubiquity of ideologically-inflected evidence may impel a matching doxastic state, even for exemplary epistemic agents. Nevertheless, there is an asymmetry in blameworthiness between the Cartesian victim and someone laboring under evidential oppression. This asymmetry reveals the need for distinctively non-ideal epistemic norms. I offer a characterization of one such norm: the internalist practice of self-stewardship. (shrink)

Attempts to elucidate grounding are often made by connecting grounding to metaphysical explanation, but the notion of metaphysical explanation is itself opaque, and has received little attention in the literature. We can appeal to theories of explanation in the philosophy of science to give us a characterization of metaphysical explanation, but this reveals a tension between three theses: that grounding relations are objective and mind-independent; that there are pragmatic elements to metaphysical explanation; and that grounding and metaphysical explanation share a (...) close connection. Holding fixed the mind-independence of grounding, I show that neither horn of the resultant dilemma can be blunted. Consequently, we should reject the assumption that grounding relations are mind-independent. (shrink)

This paper explores a middle way between realism and eliminativism about grounding. Grounding-talk is intelligible and useful, but it fails to pick out grounding relations that exist or obtain in reality. Instead, grounding-talk allows us to convey facts about what metaphysically explains what, and about the worldly dependence relations that give rise to those explanations.

We present a specific elaboration and partial defense of the claims that cognition is enactive, embodied, embedded, affective and (potentially) extended. According to the view we will defend, the enactivist claim that perception and cognition essentially depend upon the cognizer’s interactions with their environment is fundamental. If a particular instance of this kind of dependence obtains, we will argue, then it follows that cognition is essentially embodied and embedded, that the underpinnings of cognition are inextricable from those of affect, that (...) the phenomenon of cognition itself is essentially bound up with affect, and that the possibility of cognitive extension depends upon the instantiation of a specific mode of skillful interrelation between cognizer and environment. Thus, if cognition is enactive then it is also embodied, embedded, affective and potentially extended. (shrink)

‘Feminist logic’ may sound like an impossible, incoherent, or irrelevant project, but it is none of these. We begin by delineating three categories into which projects in feminist logic might fall: philosophical logic, philosophy of logic, and pedagogy. We then defuse two distinct objections to the very idea of feminist logic: the irrelevance argument and the independence argument. Having done so, we turn to a particular kind of project in feminist philosophy of logic: Valerie Plumwood's feminist argument for a relevance (...) logic. Plumwood's work serves as our primary case study as we turn to the project of considering three different ways we might understand her argument and revisionist arguments like it: as a priori theorizing, as ameliorative conceptual engineering, or as instances of anti-exceptionalist approaches to logic. After arguing that the anti-exceptionalist approach seems to provide the most promising means of understanding the kind of project undertaken in a feminist challenge to classical logic, we briefly address the consequences that this might have for logic instruction. Here, we argue for the perhaps unexpected conclusion that feminist programs ought to offer more, not less, instruction in logic for those who take interest. (shrink)

How should accounts that stress the embodied, embedded and engaged character of human minds accommodate the role of rationality in human subjectivity? Drawing on Matthew Boyle’s contrast between ‘additive’ and ‘transformative’ conceptions of rationality, I argue that contemporary work on embodied cognition tends towards a problematic ‘additivism’ about the relationship between mature human capacities to think and act for reasons, and sensorimotor capacities to skillfully engage with salient features of the environment. Additivists view rational capacities to reason and reflect as (...) a distinct ‘layer’ or ‘storey’ of human cognition, with a normative structure that differs from that of the sensorimotor coping skills which support it. I argue that emphasizing the embodied and engaged character of human minds is better combined with a ‘transformative’ conception of rationality – one which holds that acquiring abilities to give and ask for reasons transforms the normative structure of our unreflective embodied dealings with the environment. And I argue that a transformative embodied cognitive science of human rationality is not only possible, but underway. Integrating existing work on embodied cognition with work on the cultural and developmental contexts that shape human minds suggests how human immersion in culture transforms the structure of sensorimotor engagements by bringing about the communicability and negotiability of the meanings to which those engagements attune us. (shrink)

The idea that our epistemic practices can be wrongful has been the core observation driving the growing literature on epistemic injustice, doxastic wronging, and moral encroachment. But, one element of our epistemic practice has been starkly absent from this discussion of epistemic morality: attention. The goal of this article is to show that attention is a worthwhile focus for epistemology, especially for the field of epistemic morality. After presenting a new dilemma for proponents of doxastic wronging, I show how focusing (...) on attention not only allows us to defuse that dilemma, but also helps to substantiate accounts of what goes wrong in cases of doxastic wronging. (shrink)

Clinical psychology is characterized by persistent disagreement about fundamental aspects of the discipline ranging from what mental disorders are to what constitutes effective treatment. Attempts to address the problem of epistemic disagreement have been frequently based on establishing the correct answer by fiat without identifying and addressing the sources of the disagreement. We argue that this strategy has not worked very well and the result is frequently ongoing and intractable disagreement, with each side in an argument convinced they are correct. (...) In this paper, we outline an epistemic disagreement procedural model intended to assist researchers and clinicians in the field of clinical psychology to identify, explore, and develop inquiry strategies that capitalize on situations where competing knowledge claims are made. The result is a flexible conceptual framework committed to a defensible epistemic pluralism, fallibilism, and contextualism, across the various research tasks constituting the field of clinical psychology. (shrink)

The idea that the brain is a representational organ has roots in the nineteenth century, when neurologists began drawing conclusions about what the brain represents from clinical and experimental studies. One of the earliest controversies surrounding representation in the brain was the “muscles versus movements” debate, which concerned whether the motor cortex represents complex movements or rather fractional components of movement. Prominent thinkers weighed in on each side: neurologists John Hughlings Jackson and F.M.R. Walshe in favor of complex movements, neurophysiologist (...) Charles Sherrington and neurosurgeon Wilder Penfield in favor of movement components. This essay examines these and other brain scientists’ evolving notions of representation during the first eighty years of the muscles versus movements debate (c. 1873–1954). Although participants agreed about many of the superficial features of representation, their inferences reveal deep-seated disagreements about its inferential role. Divergent epistemological commitments stoked conflicting conceptions of what representational attributions imply and what evidence supports them. (shrink)

Scientific hedges are communicative devices used to qualify and weaken scientific claims. Gregor Betz has argued—unconvincingly, we think—that hedging can rescue the value-free ideal for science. Nevertheless, Betz is onto something when he suggests there are political principles that recommend scientists hedge public-facing claims. In this article, we recast this suggestion using the notion of public justification. We formulate and reject a Rawlsian argument that locates the justification for hedging in its ability to forge consensus. On our alternative proposal, hedging (...) is often justified because it renders scientific claims as publicly accessible reasons. (shrink)

Virtue signaling—using public moral discourse to enhance one’s moral reputation—is a familiar concept. But, what about profile pictures framed by “Vaccines work!”? Or memes posted to anti-vaccine groups echoing the group’s view that “Only sheep believe Big Pharma!”? These actions don’t express moral views—both claims are empirical (if imprecise). Nevertheless, they serve a similar purpose: to influence the judgments of their audience. But, where rainbow profiles guide their audience to view the agent as morally good, these acts guide their audience (...) to view the agent as epistemically good. They are instances of epistemic virtue signaling. The first goal of this paper is to offer an account of epistemic virtue signaling. I argue that epistemic virtue signaling occurs through both behavioral and propositional signals, and serves purposes similar to those of moral virtue signaling across a wide variety of discourses. The second is to show that there is much work for this concept to do. In particular, this concept illuminates a double bind faced by those who suffer from and seek to overcome testimonial injustice. I close by demonstrating how this double bind arises in the dissolution of medical autonomy, focusing on the care gap faced by pregnant women of color in the United States today, as compared with their white counterparts. (shrink)

This paper concerns the conditions under which realism is an artistic merit in perceptual narratives, and its consequences for the practice of non-traditional casting. Perceptual narratives are narrative representations that perceptually represent at least some of their contents, and include works of film, television, theatre and opera. On certain construals of the conditions under which realism is an artistic merit in such works, non-traditional casting, however morally merited, is often artistically flawed. I defend an alternative view of the conditions under (...) which realism is an artistic merit in perceptual narratives. I identify the two forms of realism at issue in debates about the artistic merits of non-traditional casting, and identify the artistic norms that determine the conditions under which each constitutes an artistic merit. I argue that, independently of the relation between moral merits and artistic merits, non-traditional casting violates these norms less often than is sometimes assumed. Moreover, in certain circumstances, non-traditional casting affects realism in artistically meritorious ways. I conclude by considering the implications of my view for the practice of whitewashing. (shrink)

How does being a woman affect one’s epistemic life? What about being Black? Or queer? Standpoint theorists argue that such social positions can give rise to otherwise unavailable epistemic privilege. “Epistemic privilege” is a murky concept, however. Critics of standpoint theory argue that the view is offered without a clear explanation of how standpoints confer their benefits, what those benefits are, or why social positions are particularly apt to produce them. For this reason, many regard standpoint theory as being out (...) of step with epistemology more broadly. But this need not be so. This article articulates a minimal version of standpoint epistemology that avoids these criticisms and supports the normative goals of its feminist forerunners. This account serves as the foundation for developing a formal model in which to explore standpoint epistemology using neighborhood semantics for modal logic. (shrink)

Our in-the-moment experience of the world can feel vivid and rich, even when we cannot describe our experience due to limitations of attention, memory or other cognitive processes. But the nature of visual awareness is quite sparse, as suggested by the phenomena of failures of awareness, such as change blindness and inattentional blindness. I will argue that once failures of memory or failures of comparison are ruled out as explanations for these phenomena, they present strong evidence against rich awareness. To (...) accommodate and explain these massive failures of awareness, any theory of phenomenal consciousness must downgrade phenomenology to a degree where it is functionless or, ironically, does not reflect what we experience. (shrink)

Perhaps the most striking phenomenon of visual awareness is inattentional blindness (IB), in which a surprisingly salient event right in front of you may go completely unseen when unattended. Does IB reflect a failure of perception, or only of subsequent memory? Previous work has been unable to answer this question, due to a seemingly intractable dilemma: ruling out memory requires immediate perceptual reports, but soliciting such reports fuels an expectation that eliminates IB. Here we introduce a way of evoking repeated (...) IB in the same subjects and the same session: we show that observers fail to report seeing salient events’ not only when they have no expectation, but also when they have the wrong expectations about the events nature. This occurs when observers must immediately report seeing anything unexpected, even mid-event. Repeated IB thus demonstrates that IB is aptly named: it reflects a genuine deficit in moment-by-moment conscious perception, rather than a form of inattentional amnesia. (shrink)

The curious case of Bronze Age Pervert (BAP, for short), of unfortunate name, or “handle,” in his world. Author of the self-published Bronze Age Mindset (2018), BAP is present in 4Chan discussion threads and on YouTube, and he produces weekly subscription-only podcasts with approximately 6,500 paying clients (I am among them). He was banned from Twitter but reinstated in December 2022, and he now has over 100,000 followers. A Google search turns up scores of articles addressing or discussing his work, (...) all written in palatable forms. But BAP’s own subjects and rhetoric are for adults only. Who is BAP, what does he espouse, and what compels the attention of orthodox Catholics? (shrink)

Climate change adaptation is largely a local matter, and adaptation planning can benefit from local climate change projections. Such projections are typically generated by accepting climate model outputs in a relatively uncritical way. We argue, based on the IPCC’s treatment of model outputs from the CMIP5 ensemble, that this approach is unwarranted and that subjective expert judgment should play a central role in the provision of local climate change projections intended to support decision-making.

A dominant strand of philosophical thought holds that natural kinds are clusters of objects with shared properties. Cluster theories of natural kinds are often taken to be a late twentieth-century development, prompted by dissatisfaction with essentialism in philosophy of biology. I will argue here, however, that a cluster theory of kinds had actually been formulated by William Whewell (1794-1866) more than a century earlier. Cluster theories of kinds can be characterized in terms of three central commitments, all of which are (...) present in Whewell’s work on classification. Like contemporary cluster theorists, Whewell claims that kinds are united by similarity, that many kinds do not have essences, and that there are “gaps” between kinds. Moreover, Whewell advises taxonomists to look for consilience (roughly, convergence) between different classificatory schemes, a recommendation that reinforces the identification of natural classes with property clusters. Thus Whewell was not only an early cluster theorist, but one with important insights into what a cluster theory of kinds means for the practice of classification. (shrink)

Meyer and Brancazio make an important distinction between two enactivist projects: “utopian” and “scientific.” I agree that contemporary enactivists would benefit from more clearly distinguishing these projects and their success conditions. However, I wonder whether there are times when letting these projects merge with each other might be helpful, or even necessary.

The reason for physics’ failure to find a final theory of the universe is examined. Problems identified are: the lack of unequivocal definitions for its fundamental elements (time, length, mass, electric charge, energy, work, matter-waves); the danger of relying too much on mathematics for solutions; especially as philosophical arguments conclude the universe cannot have a mathematical basis. It does not even need the concept of number to exist. Numbers and mathematics are human inventions arising from the human predilection for measurement. (...) Following Aristotle, a single fundamental cause is proposed to explore the efficacy of using pure non-mathematical philosophy to explain the universe, contrary to current quantum physical views. The cause is taken as Time, which is then defined, surprisingly leading automatically to a definition of a three-dimensional space answering the question into what can a universe be placed (space before space seems non-sensical). This enables the philosophical arguments to derive a universal rule giving clear-cut descriptions (definitions) of force (both gravitational and electromagnetic), motion, energy, and particles. The formation of atomic nuclei and atomic properties together with an unexpected role for neutrinos follow. In particular, a Popper-test can be prepared by introducing the concept of measurement to allow the philosophy arguments to be tested in another discipline - mathematics. The solution agrees with human physical observations to a remarkable degree of accuracy, automatically explaining and predicting values for Planck’s and the fine-structure constants. Although mathematical, it is included as confirming the efficacy of philosophy in attaining a final theory. (shrink)

In this paper I explore irrealist alternatives to orthodox realism about grounding, and claim that at least some of these alternatives represent fertile areas for future discussion.

The perfectly natural properties and relations are special—they are all and only those that "carve nature at its joints." They act as reference magnets, form a minimal supervenience base, figure in fundamental physics and in the laws of nature, and never divide duplicates within or between worlds. If the perfectly natural properties are the (metaphysically) important ones, we should expect being a perfectly natural property to itself be one of the (perfectly) natural properties. This paper argues that being a perfectly (...) natural property is not a very natural property, and examines the consequences. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

In this paper, a metaphysics is proposed that includes everything that can be represented by a well-founded multiset. It is shown that this metaphysics, apart from being self-explanatory, is also benevolent. Paradoxically, it turns out that the probability that we were born in another life than our own is zero. More insights are gained by inducing properties from a metaphysics that is not self-explanatory. In particular, digital metaphysics is analyzed, which claims that only computable things exist. First of all, it (...) is shown that digital metaphysics contradicts itself by leading to the conclusion that the shortest computer program that computes the world is infinitely long. This means that the Church-Turing conjecture must be false. Secondly, the applicability of Occam’s razor is explained by evolution: in an evolving physics it can appear at each moment as if the world is caused by only finitely many things. Thirdly and most importantly, this metaphysics is benevolent in the sense that it organizes itself to fulfill the deepest wishes of its observers. Fourthly, universal computers with an infinite memory capacity cannot be built in the world. And finally, all the properties of the world, both good and bad, can be explained by evolutionary conservation. (shrink)

Root, branch, and blossom, attention is intertwined with epistemology. It is essential to our capacity to learn and decisive of the evidence we obtain, it influences the intellectual connections we forge and those we remember, and it is the cognitive tool whereby we enact decisions about inquiry. Moreover, because it is both an epistemic practice and a site of agency, attention is a natural locus for questions about epistemic morality. This article surveys the emerging epistemology of attention, reviewing the existing (...) literature and sketching avenues for future investigation. It also argues for a reorientation of epistemology itself. This argument is the focus of Section 1. Section 2 briefly reviews philosophical accounts of attention, Section 3 focuses on issues in traditional, individualistic epistemology, and Section 4 turns to social epistemology. (shrink)

Although the word 'sustainability' is used broadly, scientific approaches to sustainability fall into one of two competing paradigms. Following the influential Brundtland report of 1987. some theorists identify sustainability with some form of resource availability, and develop indicators for sustainability that stress capital depletion. This approach has spawned debates about the intersubstitutivity of capitals, with many environmental theorists arguing that at some point, depletion of natural capital cannot be offset by increases in human or social capital. The alternative approach is (...) grounded in stock and flow systems systems modeling, and defines sustainability through indicators that determine whether the system structure is robust (e.g. resists perturbation), resilient (recovers after disruption) and adaptive (capable of change in response to external conditions). Both paradigms have applications in economics and ecology. (shrink)

Susan Hurley (1998a, 2003a, 2008) argues that our capacities for perception, agency and thought are essentially interdependent and co-emerge from a tangle of sensorimotor processes that are both cause and effect of the web of interactive and communicative practices they weave us into. In this paper, I reconstruct this view and its main motivations, with a particular focus on three important aspects. First, Hurley argues that an essential aspect of conscious perception – its perspectival unity – constitutively depends on agency. (...) That is, agency is a transcendental condition on the possibility of perception (§3). Second, understanding why this dependence obtains involves understanding why perception and agency emerge together, and how they do so on the basis of a web of interrelated capacities for sensorimotor control (§2, §4). Third, understanding these first two aspects of Hurley’s view is the key to understanding the sophisticated interplay between i) her arguments for the causal interdependence of sensory input and motor output, and ii) her arguments for the essential interdependence of perception and agency. (shrink)

What is it to be an agent? One influential line of thought, endorsed by G. E. M. Anscombe and David Velleman, among others, holds that agency depends on practical rationality—the ability to act for reasons, rather than being merely moved by causes. Over the past 25 years, Velleman has argued compellingly for a distinctive view of agency and the practical rationality with which he associates it. On Velleman’s conception, being an agent consists in having the capacity to be motivated by (...) a drive to act for reasons. Your bodily movements qualify as genuine actions insofar as they are motivated in part by your desire to behave in a way that makes sense to yourself. However, there are at least two distinct ways of spelling out what this drive towards self-intelligibility consists in, both present in Velleman’s work. It might consist in a drive towards intelligibility in causal-psychological terms: roughly, a drive to maximize the rational coherence of your psychological states. Alternatively, it might consist in a drive towards narrative intelligibility: a drive to make your ongoing activity conform to a recognizable narrative structure, where that structure is understood emotionally. Velleman originally saw these options as basically equivalent, but later came to prioritize the drive towards causal-psychological intelligibility over that towards narrative intelligibility. I argue that this gets things the wrong way round—we should instead understand our capacities to render ourselves intelligible in causal-psychological terms as built upon a bedrock of emotionally suffused narrative understanding. In doing so, we resolve several problems for Velleman’s view, and pave the way for an embodied, embedded and affective account of practical rationality and agency. According to the picture that emerges, practical rationality is essential to agency, narrative understanding is essential to practical rationality, and the rhythms and structures patterning the ebb and flow of our emotional lives are essential to narrative understanding. (shrink)

Simple random sampling resolutions of the raven paradox relevantly diverge from scientific practice. We develop a stratified random sampling model, yielding a better fit and apparently rehabilitating simple random sampling as a legitimate idealization. However, neither accommodates a second concern, the objection from potential bias. We develop a third model that crucially invokes causal considerations, yielding a novel resolution that handles both concerns. This approach resembles Inference to the Best Explanation (IBE) and relates the generalization’s confirmation to confirmation of an (...) associated law. We give it an objective Bayesian formalization and discuss the compatibility of Bayesianism and IBE. (shrink)

What does it mean to adopt a phenomenological approach when doing philosophy of perception? And what form should such an approach take? I address these questions by first distinguishing three different ways of drawing philosophical conclusions based on phenomenological reflection: 'Humean' phenomenology, which attempts to discern the structure of perceptual experience via reflection on its surface properties; 'Kantian' phenomenology, which aims to provide a priori arguments about the structure perceptual experience must have if it is to possess universally agreed upon (...) manifest properties; and 'Husserlian' phenomenology, which aims to achieve an intuitive grasp of the essential properties of perceptual experience via attempted imaginative variation of its aspects and properties. Drawing on arguments from Merleau-Ponty, I then argue that the shortcomings of each of these approaches motivate a 'Merleau-Pontian' conception of phenomenology as 'radical reflection' - a mode of reflection on perceptual experience that simultaneously attempts to understand the origins and authority of reflection itself. The methodology for philosophy of perception that results is a thoroughly interdisciplinary one, aiming to reconcile philosophical conclusions about the necessary structures of perceptual experience with our best empirical knowledge of the bodily, psychological, cultural and historical contingencies that shape both our experiences and our reflective capacities. (shrink)

Historizing is the way Dasein takes up possibilities and roles to project itself into the future. It is why we experience continuity throughout our lives, and it is the basis for historicality – our sense of a more general continuity of “history.” In Being and Time,Heidegger identifies both inauthentic and authentic modes of historizing that give rise, respectively, to inauthentic and authentic modes of histori-cality. He focuses on historizing at the individual level but gestures at a communal form of historizing. (...) In this paper, I develop the concept of co-historizing in both its authentic and inauthentic modes. I argue that Heidegger’s unarticulated concept of inauthentic co-historizing is what necessitated the planned (but unfinished) second half of Being and Time – the “phenomenological destruction of the history of ontol-ogy.” I consider what it means to take responsibility for our destiny as a people and specifically as a community of philosophers. (shrink)