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)

Many have taken Sellars’s critique of empiricism in “Empiricism and the Philosophy of Mind” (EPM) to be aimed at his teacher C. I. Lewis. But if so, why do the famous arguments of its opening sections carry so little force against Lewis’s views? Understandably, some respond by denying that Lewis’s epistemology is among the positions targeted by Sellars. But this is incorrect. Indeed, Sellars had earlier offered more trenchant (if already familiar) critiques of Lewis’s epistemology. What is original about EPM (...) is that it criticizes empiricist positions like Lewis’s not because of their foundationalism, but because of their psychologism about meaning. Since psychologism turns out to be unacceptable by Lewis’s own lights, EPM has a compelling (if implicit) critique of Lewis to offer after all, one that strikes at the heart of his philosophical system. (shrink)

This paper offers a critical interpretation and evaluation of Wilfrid Sellars’s treatment of skepticism about empirical justification. It defends three central claims. First, against the suggestion that Sellars’s work simply bypasses traditional skeptical problems, I make the novel interpretive claim that Sellars not only addresses skepticism about empirical justification, but offers two independent (albeit sketchy) arguments against it: a transcendental argument that the likely truth of our perceptual beliefs is a necessary condition of the possibility of empirical content, and a (...) pragmatic argument that we’re warranted in accepting their likely truth in virtue of our aim of being effective agents. To the extent these have previously been distinctly formulated by commentators, the transcendental argument has been regarded as forceful, while the pragmatic argument has been dismissed as non-responsive. My second and third claims challenge this understanding. I argue, second, that examination of the literature relating to transcendental arguments from semantic externalism like Sellars’s (especially concerning the McKinsey paradox) suggests that such arguments are unpromising, while, third, a modified version of his pragmatic argument represents a powerful skeptical solution to skepticism about empirical justification, one that answers the worry that such skepticism would undermine the rationality of all our practical commitments. (shrink)

Caleb Ward interviews Black feminist writer, poet, educator, organizer, and scholar Alexis Pauline Gumbs about Audre Lorde’s spirituality, her ecological political praxis, her pedagogy, and the cross-generational scale of social change.

In this article, I expound and defend an interpretation of Sellars as a metaethical quasi-realist. Sellars analyzes moral discourse in non-cognitivist terms: in particular, he analyzes “ought”-statements as expressions of collective intentions deriving from a collective commitment to provide for the general welfare. But he also endorses a functional-role theory of meaning, on which a statement’s meaning is grounded in its being governed by semantical rules concerning language entry, intra-linguistic, and language departure transitions, and a theory of truth as correct (...) assertibility relative to such semantical rules. On these non-representationalist theories, even though moral statements are expressions of intentions and not fundamentally descriptive, they nevertheless count as assertorically meaningful, and some count as positively true. I further argue that this interpretation is capable not only of explaining Sellars’ explicitly metaethical writings, but also of unifying his scientific realism with his commitment to the ineliminable and indispensable role of the language of intentions: if this linguistic framework does not play an explanatory role, but only an expressive role, this explains both why Sellars’ commitment to it does not contravene his naturalism, as well as why, given the necessity of such language for our practical engagement with the world, the scientific image of humans in the world will only be completed once such language supplements it to enable us to relate practically to it. (shrink)

While C. I. Lewis was traditionally interpreted as an epistemological foundationalist throughout his major works, virtually every recent treatment of Lewis's epistemology dissents. But the traditional interpretation is correct: Lewis believed that apprehensions of "the given" are certain independently of support from, and constitute the ultimate warrant for, objective empirical beliefs. This interpretation proves surprisingly capable of accommodating apparently contrary textual evidence. The non-foundationalist reading, by contrast, simply cannot explain Lewis's explicit opposition to coherentism and his insistence that only apprehensions (...) of the given enable us to answer the regress problem -- and so vindicate the possibility of empirical justification. (shrink)

Charles Sanders Peirce has commonly been interpreted as a proponent of an epistemic theory of truth. Such a theory has the apparent advantage of directly undercutting radical skepticism, but the disadvantage of implausibly entailing that there are no truths concerning irretrievably lost facts. Recently Andrew Howat has defended Peirce’s epistemic constraint on truth by recasting Peirce’s claim that all truths would be believed following sufficient inquiry, not as constitutive of truth, but as a Wittgensteinian hinge proposition. I begin with a (...) twofold historical reply to Howat: first, Peirce can at least plausibly be read as claiming that the claim in question is analytic of the concept <truth>; and second, while Peirce did think we must accept without evidence the further claim that there are any truths (so characterized), he regarded this further claim not as a Wittgensteinian hinge but as a reasonable hope. I then substantively defend the latter Peircean proposal, arguing that hopes, as against beliefs, are chiefly warranted pragmatically, and so can be warranted even to a sufficient level to render them properly action-guiding in cases where belief in the same proposition would remain unjustified. I conclude by suggesting, first, that this proposal is superior to Wittgenstein’s own epistemology in evading psychologism, and second, that it attractively vindicates the reasonableness of inquiry on Peircean grounds that don’t require an appeal to an implausible epistemic theory of truth. (shrink)

Since 2023, the UK government's response to the “migrant crisis” has revolved around two controversial flagship policies: the deportation of asylum seekers to Rwanda, and the detention of migrants aboard a giant barge. In this short article, I examine the colonial and gendered dimensions of the two policies, finding them to be examples of the coloniality of gender. What this indicates, I suggest, is that the purpose of these policies is not merely to deter potential migrants—particularly LGBTQIA+ migrants—but also to (...) create a political narrative that allows the Conservative Party to garner right-wing votes by participating in high-profile culture wars; namely, the debate over transgender rights and the debate over how the UK should reckon with its imperial past. (shrink)

Sellars was an inferentialist about meaning. He thus effectively accorded modality a categorial function, maintaining that any meaningful assertion involves implicit commitment to rules of material inference, which modal propositions explicitly endorse. But Sellars was also a modal anti-realist, construing modality as “entirely immanent to thought” (LRB §40), not present in the world an sich. These two commitments, Klemick argues, render it impossible in principle for us to describe the world an sich adequately, undermining Sellars’ scientific realism, on which, at (...) the “ideal outcome of scientific inquiry,” “the gulf between appearances and things-in-themselves [... can] be bridged” (SM II §51). Sellars’ attempt to ground his modal anti-realism in an ideal “pure description of the world” (CDCM §79) cannot succeed, given modality’s categorial function. Further, his subsequent deployment of picturing as a naturalistic criterion of ontological commitment founders on an analogue of the Kantian problem of noumenal affection: the descriptions of picturing relations that render this proposal intelligible are emptied of content by the denial that the in-itself is modally characterized. Sellars’ worthy aim of preserving the world’s independence of our conceptual activity, Klemick concludes, doesn’t require denying that it exhibits modal relations isomorphic to the semantic relations within our conceptual scheme. (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)

Pragmatist responses to skepticism about empirical justification have mostly been underwhelming, either presupposing implausible theses like relativism or anti-realism, or else showing our basic empirical beliefs to be merely psychologically inevitable rather than rationally warranted. In this paper I defend a better one: a modified version of an argument by Wilfrid Sellars that we are pragmatically warranted in accepting that our perceptual beliefs are likely to be true, since their likely truth is necessary for the satisfaction of our goal of (...) effective agency. On the version of the argument I defend, the great good for human life of control over our empirical circumstances renders our goal of effective agency reasonable. But only if our perceptual beliefs are likely to be true—and only if we accept that this is so, assuming it as a premise for inference and a guide for action—will the success of our actions be due to our effective agency, not mere luck. Since we’re warranted in taking the necessary means to our reasonable ends, we’re warranted in accepting that our perceptual beliefs are generally justified, and so that skepticism about empirical justification is false. (shrink)

I take up two questions raised by Luz Christopher Seiberth's meticulous reconstruction of Wilfrid Sellars's theory of intentionality. The first is whether we should regard Sellars as a transcendental phenomenalist in the most interesting sense of the term: as denying that even an ideally adequate conceptual structure would enable us to represent worldly objects as they are in themselves. I agree with Seiberth that the answer is probably yes, but I suggest that this is due not to Sellars's rejection of (...) the Myth of the Given or appeal to image-models (as Seiberth maintains), but to his view of modality as categorial but as absent from the world an sich. The second is whether, as Richard Rorty complained, Sellars's appeal to picturing lands his theory of intentionality in intractable skepticism. Pace Seiberth, I argue that the transcendental role of picturing does not mitigate this problem, and I suggest that Sellars's most fruitful resource for doing so is not his semantic externalism, but his purely pragmatic response to skepticism. (shrink)

Most psychological research aims to uncover generalizations about the mind that hold across subjects. Philosophical discussions of scientific explanation have focused on such generalizations, but in doing so, have often overlooked an important phenomenon: variation. Variation is ubiquitous in psychology and many other domains, and an important target of explanation in its own right. Here I characterize explananda that concern individual differences and formulate an account of what it takes to explain them. I argue that the notion of actual difference (...) making, the only causal concept in the literature that explicitly addresses variation, cannot be used to ground such an account. Instead, I propose a view on which explaining individual differences involves identifying causes that could be intervened on to reduce the variability in the population. This account provides criteria of success for explaining variation and deepens our understanding of causal explanation. (shrink)

I defend the thesis that friendship can constitutively require epistemic irrationality against a recent, forceful challenge, raised by proponents of moral and pragmatic encroachment. Defenders of the “encroachment strategy” argue that exemplary friends who are especially slow to believe that their friends have acted wrongly are simply sensitive to the high prudential or moral costs of falsely believing in their friends’ guilt. Drawing on psychological work on epistemic motivation (and in particular on the notion of “need for closure”), I propose (...) a different picture of what friendship requires in the doxastic realm. I argue that contrary to what the encroachment strategy suggests, exemplary friends’ belief formation ought not be guided by a concern with accuracy or error avoidance, but instead by a need to avoid a “specific closure” – namely, a need to avoid concluding in their friends’ guilt. I propose that exemplary friendship often generates a defeasible, doxastic obligation to exemplify such a need, despite its inherent corrupting effects on exemplary friends’ epistemic faculties. (shrink)

A popular argument for a right to ectogenic abortions appeals to a right to avoid the obligations associated with parenthood. A common objection to this argument questions whether there are any sufficiently great harms associated with parenthood to ground such a right. I propose a novel formulation of this argument that avoids these objections. I then defend it against important objections.

The proliferation of work by autistic writers continues apace, defying a long and multidisciplinary tradition of constructing autistic people as lacking the capacity for narration. To study neurodivergent literature, then, is to witness the refusal of these exclusionary narrative conventions, and to register the ideological presuppositions that underpin pathologization. In this article, I engage with recent insights from Neurodiversity Studies to explore the connections between narrative neuronormativity and other discourses of oppression, especially those that have generated racialized, gendered, and colonial (...) narratives of desubjectification. Focusing on the neuroqueer movement—an emergent practice of disidentification that refuses the interpellations of neuronormativity, ableism, heteronormativity, and cisnormativity—I discuss the concept of allism, arguing that this satirical critique of pathologization harbors a deconstructive force that denaturalizes the dialectic of recognition. Pursuing the discursive context and theoretical implications of this critique, I provide a short genealogy of narrative neuronormativity, connecting the operation of the dialectic in the early novel to the clinical texts of child psychology. To demonstrate the neuroqueer subversion of this tradition, I then read An Unkindness of Ghosts, by Rivers Solomon, a text that stages a disidentification with storytelling. Protagonist Aster’s neuroqueer refusal indexes the concomitance of the construction of Blackness as an ontological foil for whiteness and the construction of autism as a standard of disordered sociality that neuronorms can be measured against. My reading of Unkindness suggests that the extant techniques of literary narratorship are political instruments that will, unless repurposed, continue to disseminate these dispossessive dialectics. (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)

Students of Stoic philosophy, especially of Stoic ethics, have a lot to swallow. Virtues and emotions are bodies; virtue is the only good, and constitutes happiness, while vice is the only evil; emotions are judgements ; all sins are equal; and everyone bar the sage is mad, bad and dangerous to know. Non-Stoics in antiquity seem for the most part to find these doctrines as bizarre as we do. Their own philosophical or ideological perspectives, and the criticisms of the Stoa (...) to which these gave rise, are no less open to criticism than are the paradoxes and puzzles under attack – but they may be, often are, better documented, less provocatively attention-begging, or simply more familiar. Even disputes within the Stoa can be obscured or distorted by modern prejudices. Posidonius rejected Chrysippus' theory of a unitary soul, one rational through and through, on the grounds that such a theory could not satisfactorily account for the genesis of bad – excessive and irrational – emotions, the πάθη . Posidonius' own Platonising, tripartite soul feels more familiar to us because the Republic tends to be a set text rather more often than do the fragments of Chrysippus' de anima; and the balance in Plato's favour is unlikely to change. When Posidonius wrote, on the other hand, the Chrysippean soul was school orthodoxy, and Platonism the latest thing in radical chic. (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)

Despite some notable similarities between the scientific realisms of Sellars and Peirce (such as both being anti-representationalist, and future-directed), in his mature work Science and Metaphysics Sellars explicitly critiqued Peirce’s account of truth, as lacking “an intelligible foundation” (Sellars 1968: vii). In this paper, I explore Sellars’ proposed remedy to Peirce’s purported lack, in his complex and enigmatic account of picturing – a non-discursive ‘mapping’ of the world. I argue that although Sellars’ development of this idea is largely sound, much (...) of what he charges Peirce’s philosophy with missing is actually present there. By means of his semiotic icon / index / symbol distinction, Peirce manages to develop a philosophy of language which effectively coordinates the real order and the order of signification within the very structure of the proposition as he understands it, by contrast to Sellars’ claim that the two orders are merely connected by ‘analogy’. I also argue that in between Sellars’ ambitious account of veridicality, which appears to anticipate a form of scientific self-mensuration, and the dismissive ‘anti-truth’ quietism of neopragmatists such as Rorty, Peirce’s “contrite fallibilism” (Peirce CP 1.14) charts a wise middle path. (shrink)

In “The Fixation of Belief,” Peirce apparently accepts the causal claim that real physical objects cause us to reach an indefeasible “final opinion” concerning them. In “How to Make Our Ideas Clear,” he apparently accepts the constitutive claim that for physical objects to be real just is for them to be represented in that opinion. These claims initially seem inconsistent, since causal claims are explanatory and since equivalent claims cannot explain one another. Contrary to prominent suggestions that Peirce rejected the (...) constitutive claim, however, he actually accepted both, reconciling them via a Humean denial that causal claims are genuinely explanatory. (shrink)

This paper addresses some apparent philosophical tensions between realism and enactivism by means of Charles Peirce’s pragmatism. Enactivism’s Mind-Life Continuity thesis has been taken to commit it to some form of anti-realist ‘world-construction’ which has been considered controversial. Accordingly, a new realist enactivism is proposed by Zahidi (Phenomenology and the Cognitive Sciences 13(3), 2014), drawing on Ian Hacking’s ‘entity realism’, which places subjects in worlds comprised of the things that they can successfully manipulate. We review this attempt, and argue that (...) whilst Zahidi rightly urges enactivists towards ‘internal realism’, he cannot sustain a non-negotiable aspect of realism that is crucial for scientific progress – the claim that multiple subjects inhabit the same world. We explore Peirce’s pragmatism as an alternative solution, foregrounding his distinction between existence and reality, and his inquiry-based account of cognition. These theoretical innovations, we argue, fruitfully generalize Zahidi’s manipulation-based enactivist realism to a richer, inquiry-based enactivist realism. We explore how this realism’s pan-species monism about truth encourages and supports the investigation of non-human animal cognition, and conclude by considering some implications of our discussion for long-standing realism debates within pragmatism. (shrink)

Diversity is often announced as a solution to ethical problems in artificial intelligence (AI), but what exactly is meant by diversity and how it can solve those problems is seldom spelled out. This lack of clarity is one hurdle to motivating diversity in AI. Another hurdle is that while the most common perceptions about what diversity is are too weak to do the work set out for them, stronger notions of diversity are often defended on normative grounds that fail to (...) connect to the values that are important to decision-makers in AI. However, there is a long history of research in feminist philosophy of science and a recent body of work in social epistemology that taken together provide the foundation for a notion of diversity that is both strong enough to do the work demanded of it, and can be defended on epistemic grounds that connect with the values that are important to decision-makers in AI. We clarify and defend that notion here by introducing emergent expertise as a network phenomenon wherein groups of workers with expertise of different types can gain knowledge not available to any individual alone, as long as they have ways of communicating across types of expertise. We illustrate the connected epistemic and ethical benefits of designing technology with diverse groups of workers using the examples of an infamous racist soap dispenser, and the millimeter wave scanners used in US airport security. (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)

Enactivism has influentially argued that the traditional intellectualist ‘act-content’ model of intentionality is insufficient both phenomenologically and naturalistically, and minds are built from world-involving bodily habits – thus, knowledge should be regarded as more of a skilled performance than an informational encoding. Radical enactivists have assumed that this insight must entail non-representationalism concerning at least basic minds. But what if it could be shown that representation is itself a form of skilled performance? I sketch the outline of such an account (...) from the perspective of Peirce’s pragmatist semiotics, which theorises signs as habits of associating specific cues with appropriate acts and schemas of ensuing experience. Within this framework, I argue, a naturalistic account of propositional structure can be constructed which transcends the symbolic – and in some instances even the linguistic – sphere, and offers new insights regarding the Information Processing Challenge, and the Hard Problem of Content. (shrink)

“Proof of concept” is a phrase frequently used in descriptions of research sought in program announcements, in experimental studies, and in the marketing of new technologies. It is often coupled with either a short definition or none at all, its meaning assumed to be fully understood. This is problematic. As a phrase with potential implications for research and technology, its assumed meaning requires some analysis to avoid it becoming a descriptive category that refers to all things scientifically exciting. I provide (...) a short analysis of proof of concept research and offer an example of it within synthetic biology. I suggest that not only are there activities that circumscribe new epistemological categories but there are also associated normative ethical categories or principles linked to the research. I examine these and provide an outline for an alternative ethical account to describe these activities that I refer to as “extended agency ethics”. This view is used to explain how the type of research described as proof of concept also provides an attendant proof of principle that is the result of decision-making that extends across practitioners, their tools, techniques, and the problem solving activities of other research groups. (shrink)

The focus of this article is the "good-will theory", which explains the effect humans can have on the safety of AI, along with how it is in the best interest of a superintelligent AI to work alongside humans and not overpower them. Future papers dealing with the good-will theory will be published, but discuss different talking points in regards to possible or real objections to the theory.

Discussions of psychiatric nosology focus on a few popular examples of disorders, and on the validity of diagnostic criteria. Looking at Anorexia Nervosa, an example rarely mentioned in this literature, reveals a new problem: the DSM has a strict taxonomic structure, which assumes that disorders can only be located on one branch. This taxonomic assumption fails to fit the domain of psychopathology, resulting in obfuscation of cross-category connections. Poor outcomes for treatment of Anorexia may be due to it being pigeonholed (...) as an Eating Disorder, when a disturbance of body perception may be a more central symptom than food restriction. This paper explores the possibility of restructuring the DSM taxonomy to allow for a pluralist classification of disorders. This change could improve treatment and research without requiring any changes to diagnostic criteria. (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)

Feminists note an association of arguing with aggression and masculinity and question the necessity of this connection. Arguing also seems to some to identify a central method of philosophical reasoning, and gendered assumptions and standards would pose problems for the discipline. Can feminine modes of reasoning provide an alternative or supplement? Can overarching epistemological standards account for the benefits of different approaches to arguing? These are some of the prospects for argumentation inside and outside of philosophy that feminists consider. -/- (...) The further concern is that the academic study of argumentation – in philosophy and other disciplines – has failed to account for the type of reasoning needed for social justice movements. What resources for addressing these concerns can be found in informal logic and interdisciplinary argumentation theory? Since part of the perceived problem derives from assuming that arguing is a contest, are more collaborative epistemological frameworks better? Can regular politeness or civility hedge against undesirable tendencies of argumentation? Can “critical thinking” pedagogy involving argument educations answer the needs of social justice? (shrink)

Imagine that your lover or close friend has embraced a difficult long-term goal, such as advancing environmental justice, breaking a bad habit, or striving to become a better person. Which stance should you adopt toward their prospects for success? Does supporting our significant others in the pursuit of valuable goals require ignoring part of our evidence? I argue that we have special reasons – reasons grounded in friendship – to hope that our loved ones succeed in their difficult goals. I (...) further propose that hope is an attitude governed by distinctive norms of epistemic rationality. It has a unique impact on motivation and rational action and a special capacity to be met with uptake in hope. Owing to these features, hope is the central attitudinal dimension of truly amiable support based on “just vision”. (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.

We often form intentions to resist anticipated future temptations. But when confronted with the temptations our resolutions were designed to withstand, we tend to revise our previous evaluative judgments and conclude that we should now succumb—only to then revert to our initial evaluations, once temptation has subsided. Some evaluative judgments made under the sway of temptation are mistaken. But not all of them are. When the belief that one should now succumb is a proper response to relevant considerations that have (...) newly emerged, can acting in line with one’s previous intention nonetheless be practically rational? To answer this question, I draw on recent debates on the nature of higher-order evidence and on what rationally responding to such evidence involves. I propose that agents facing temptation often have evidence of “deliberative unreliability”, which they ought to heed even when it is “misleading” (that is, even when their evaluative judgments are in fact proper responses to the relevant considerations then available). Because evidence of deliberative unreliability can “dispossess” agents of normative reasons for evaluative judgments and actions that they would otherwise have, being continent despite judging that one should now succumb can often be more rational than giving in. (shrink)

A long-form review essay on Alexis Pauline Gumbs's Survival Is a Promise: The Eternal Life of Audre Lorde (2024) and the task of reading Audre Lorde as a philosopher.

Pragmatism is a philosophical tradition that understands knowing the world as inseparable from agency within it. It thereby introduces some unique ideas and approaches to the analysis of concepts. Looking largely to pragmatism’s founder, Charles Peirce, this chapter presents an account of concepts as habits which associate specific kinds of environmental stimuli with schemata of action and ensuing experience, within linguistic communities. I explain how this account avoids Sellars’ ‘Myth of the Given’. I then explore how Peirce’s semiotic approach to (...) philosophy of language and mind theorized signifying habits as symbols which draw icons and indices together into propositional structures, thereby generating meanings that are specifically applicable and indefinitely generalizable. This original account of concept formation is further illuminated through an examination of Peirce’s philosophy of perception, which makes particularly manifest the process whereby primitive indices, or ‘percepts’, are enfolded in symbolic meanings through habitual ‘perceptual judgements’. (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.

Ecological Psychology and Enactivism both challenge representationist cognitive science, but the two approaches have only begun to engage in dialogue. Further conceptual clarification is required in which differences are as important as common ground. This paper enters the dialogue by focusing on important differences. After a brief account of the parallel histories of Ecological Psychology and Enactivism, we cover incompatibility between them regarding their theories of sensation and perception. First, we show how and why in ecological theory perception is, crucially, (...) not based on sensation. We elucidate this idea by examining the biological roots of work in the two fields, concentrating on Gibson and Varela and Maturana. We expound an ecological critique of any sensation-based approach to perception by detailing two topics: classic retinal image theories and perception in single-celled organisms. The second main point emphasizes the importance of the idea of organism-environment mutuality and its difference from structural coupling of sensations and motor behavior. We point out how ecological - phenomenological methods of inquiry grow out of mutualism and compare Gibson’s idea of visual kinesthesis to Merleau-Ponty’s idea of the lived body. Third, we conclude that Ecological Psychology and varieties of Enactivism are laying down different paths to pursue related goals. Thus, convergence of Ecological Psychology and Enactivism is not possible given their conflicting assumptions, but cross-fertilization is possible and desirable. (shrink)

A commonly raised criticism against celebrity culture is that it celebrates people who become famous without any connection to their skills, talents or achievements. A culture in which people become famous simply for being famous is criticized for being shallow and inauthentic. In this paper we offer a defence of celebrity by arguing against this criticism. We begin by outlining what we call the Talent Argument: celebrity is a negative cultural phenomenon because it creates and sustains fame without any connection (...) to the accomplishments that arise from an expression of talent or skill. By appealing to the metaphysics of talent and skill, we argue against the Talent Argument and propose that being a celebrity requires the skills that are necessary to acquire and maintain one’s status as a celebrity. A celebrity is more likely to be talented and successful in their expression of these skills, and even celebrities who are ‘famous for being famous’ will often display talents and skills that give rise to their fame. This means that those who critique celebrity culture should not do so by appealing to the Talent Argument. We show how our account of celebrity, talent and skill works to reject both the strong version of the Talent Argument, as well as a weaker and more plausible version of the argument we call the Valuable Talents argument. We conclude by noting that our analysis has demonstrated the need to explore more closely the kinds of skills that are necessary to cultivate celebrity status. This allows for a more nuanced understanding of what a celebrity is, and the values that are attached to celebrity culture. (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)

Species concepts aim to define the species category. Many of these rely on defining species in terms of natural lineages and groupings. A dominant gene-centred metaconception has shaped notions of what constitutes both a natural lineage and a natural grouping. I suggest that relying on this metaconception provides an incomplete understanding of what constitute natural lineages and groupings. If we take seriously the role of epigenetic, behavioural, cultural, and ecological inheritance systems, rather than exclusively genetic inheritance, a broader notion of (...) what constitutes a natural grouping or lineage may be required. I conclude by outlining an alternative metaconception that is a de-centred metaschema for species. (shrink)

This paper explores two related questions in late Athenian and Alexandrian Neoplatonism. First, how can a philosopher contemplate the eternal Forms while engaging in practical agency in the world? Second, do Neoplatonists provide a consistent account of the philosopher’s progress through the ‘stages of virtue’ (βαθμοί τῶν ἀρετῶν), the conceptual structure that underpins late antique philosophical curricula and hagiography? These questions interact, I suggest, because later Platonists appeal to the stages of virtue and divine maniai (βαθμοί τῶν μανίων) to explain (...) the philosopher’s ability to alternate gracefully between contemplation and embodied agency, and even to engage in both activities at the same moment. I argue that apparently contradictory evidence for the highest stages of virtue can be reconciled satisfactorily, shedding light on two models of ethical and perceptual transformation that are consistent throughout later Neoplatonism. In the first, 'painterly' model, we alternate between a vision of the paradigmatic model and its expression in the media of place and time; in the second, 'dancerly' model, we contemplate in action all at once, like a dancer moving to the music. (shrink)

Wilfrid Sellars’ distinctive scientific realism has lately been gaining ground, but a crucial issue is how it can or should theorize modality. We argue that many interesting questions in this area transcend the usual ‘first-order’ concerns: “Is there an objectivist modal ontology?” and “What modal entities should we posit”? Rather, Sellars invites us to take a fresh look at the relationship between logic and metaphysics through an investigation of ‘second-order’ philosophical categories. This investigation contrasts with both the first-order 'external' ontologising (...) of metaphysicians such as David Lewis and the 'easy' ontologising of metaphysicians such as Amie Thomasson. We argue that Sellars' approach stimulates a more conscious and fruitful examination of our role and methods as philosophers in the modal arena. Moreover, since the notion of metaphysics as a ‘second-order’ activity has recently gained attention in contemporary philosophy of science through the work of David Wallace, we explore both Sellars’ potential contribution to these discussions and the relationship between Sellars’ approach and contemporary ontic structural realist views regarding modal structure, thereby opening up fundamental questions concerning where and how the metaphysics of modality might be integrated with our current best physics. (shrink)

In economics, thought experiments are frequently justified by the difficulty of conducting controlled experiments. They serve several functions, such as establishing causal facts, isolating tendencies, and allowing inferences from models to reality. In this paper, I argue that thought experiments served a further function in economics: facilitating the quantitative definition and measurement of the theoretical concept of utility, thereby bridging the gap between theory and statistical data. I support my argument by a case study, the “hypothetical experiments” of the Norwegian (...) economist Ragnar Frisch (1895-1973). Frisch aimed to eliminate introspection and a subjective concept of utility from economic reasoning. At the same time, he sought behavioral foundations for economic theory that enabled quantitative reasoning. By using thought experiments to justify his set of choice axioms and facilitating the operationalization of utility, Frisch circumvented the problem of observing utility via actual experiments without eliminating the concept of utility from economic theory altogether. As such, these experiments helped Frisch to empirically support the theory’s most important results, such as the laws of demand and supply, without the input of new empirical findings. I suggest that Frisch’s experiments fulfill the main characteristics of thought experiments. (shrink)

Apollonius Dyscolus’ use of ambiguity in grammatical problem-solving has in recent years had the benefit of two scholarly studies. David Blank, in the course of his analysis of the Syntax as a whole , has described the broad functions which Apollonius assigns to ambiguity. Jean Lallot's 1988 paper, ‘Apollonius Dyscole et l'ambigüité linguistique: problemes et solutions’, is devoted exclusively to the treatment of linguistic ambiguity in Apollonius’ work. Yet it is to be feared that the flood of light thrown by (...) these scholars on what had been an unregarded corner of ancient grammar has shown up rather more than Apollonius would have cared to admit, both about the nature, and about the prospects for success, of the enterprise on which he was engaged. At the same time, certain structural features of ancient grammar, at least of the ancient grammar which Apollonius himself constructed, have come into sharper focus: features clear enough with the benefit of hindsight, but glimpsed, it appears, all too dimly by Apollonius himslf. It is now worryingly clear not only that ambiguity was ambiguous for Apollonius, but also that the ambiguity of ambiguity represented a genuine threat to the coherence and value of his work. In this paper I set out to justify both these claims. (shrink)

Pursuing difficult long-term goals typically involves encountering substantial evidence of possible future failure. If decisions to pursue such goals are serious only if one believes that one will act as one has decided, then some of our lives’ most important decisions seem to require belief against the evidence. This is the puzzle of difficult action, to which I offer a solution. I argue that serious decisions to φ do not have to give rise to a belief that one will φ, (...) but can instead be accompanied by a hope to φ. Hope can motivate and rationalize the various actions that we associate with serious commitment. It can also account for the existence of special pressures to adopt an agential stance toward one’s future. Because hope can be cognitively rational when belief is not, there is no problematic tension between the ideal of epistemic rationality and the phenomenon of difficult action. (shrink)

A conspicuous feature of contemporary modelling practices is the use of the same mathematical forms and modelling methods across different scientific domains. This model transfer raises many philosophical questions concerning, for example, the exact object of transfer, the relationship between the model and the target domain, the specific challenges such transfer confronts, and the ways in which model transfer relates to scientific progress. While the interest in studying model transfer has increased among philosophers of science in recent years, the phenomenon (...) has not yet received its due attention. The literature is scattered and much of it has addressed questions around the factors that might explain model transfer, such as whether the different target phenomena to which a model is applied eventually prove to be structurally and dynamically similar, or whether they have to share more fundamental ontological features that explain the interdisciplinary success of distinct models. This chapter surveys the existing literature on model transfer with the main goal of highlighting the main findings of existing discussions and pointing out open issues whose discussion would improve our understanding of this highly relevant phenomenon in science. (shrink)