A longish (12 page) discussion of Richard Sorabji's excellent book, with a further discussion of what it means for a theory of emotions to be a cognitive theory.

This chapter describes the potential far‐reaching consequences of contemplative higher education for the fields of science and medicine.

I should like to offer my greatest thanks to Paul Griffiths for providing the opportunity for this exchange, and to commentators Gillian Brown, Steven Fuller, Stefan Linquist, and Erika Milam for their generous and thought-provoking comments. I shall do my best in this space to respond to some of their concerns.

hroughout medieval Christianity, religious works of art emerged to illustrate the teachings of the Bible for the largely illiterate population. What, then, is the significance of the psychoactive mushrooms hiding in plain sight in the artwork and icons of many European and Middle-Eastern churches? Does Christianity have a psychedelic history? -/- Providing stunning visual evidence from their anthropological journey throughout Europe and the Middle East, including visits to Roslyn Chapel and Chartres Cathedral, authors Julie and Jerry Brown document the (...) role of visionary plants in Christianity. They retrace the pioneering research of R. Gordon Wasson, the famous “sacred mushroom seeker,” on psychedelics in ancient Greece and India, and among the present-day reindeer herders of Siberia and the Mazatecs of Mexico. Challenging Wasson’s legacy, the authors reveal his secret relationship with the Vatican that led to Wasson’s refusal to pursue his hallucinogen theory into the hallowed halls of Christianity. -/- Examining the Bible and the Gnostic Gospels, the authors provide scriptural support to show that sacred mushrooms were the inspiration for Jesus’ revelation of the Kingdom of Heaven and that he was initiated into these mystical practices in Egypt during the Missing Years. They contend that the Trees of Knowledge and of Immortality in Eden were sacred mushrooms. -/- Uncovering the role played by visionary plants in the origins of Judeo-Christianity, the authors invite us to rethink what we know about the life of Jesus and to consider a controversial theory that challenges us to explore these sacred pathways to the divine. (shrink)

Originally published in 1991, The Laboratory of the Mind: Thought Experiments in the Natural Sciences, is the first monograph to identify and address some of the many interesting questions that pertain to thought experiments. While the putative aim of the book is to explore the nature of thought experimental evidence, it has another important purpose which concerns the crucial role thought experiments play in Brown’s Platonic master argument.In that argument, Brown argues against naturalism and empiricism (Brown 2012), (...) for mathematical Platonism (Brown 2008), and from the Platonist-friendly, abstract universals posited by the Dretske-Tooley-Armstrong (DTA) account of the laws of nature to a more general, physical Platonism. The Laboratory of the Mind is where he takes this final step. (shrink)

In light of new historical evidence regarding ethnomycologist R. Gordon Wasson’s correspondence with art historian Erwin Panofsky, this article provides an in-depth analysis of the presence of entheogenic mushroom images in Christian art within the context of the controversy between Wasson and philologist John Marco Allegro over the identification of a Garden of Eden fresco in the 12th century Chapel of Plaincourault in France. It reveals a compelling financial motive for Wasson’s refusal to acknowledge that this fresco represents Amanita muscaria, (...) as well as for Wasson’s reluctance to pursue his hypothesis regarding the entheogenic origins of religion into Christian art and artifacts. While Wasson’s view – that the presence of psychoactive mushrooms in the Near and Middle East ended around 1000 BCE – prevailed and stymied research on entheogens in Christianity for decades, a new generation of 21st century researchers has documented growing evidence of A. muscaria and psilocybin-containing mushrooms in Christian art, consistent with ethnobotanist Giorgio Samorini’s typology of mushroom trees. This article presents original photographs, taken during fieldwork at churches and cathedrals throughout Europe and the Middle East, that confirm the presence of entheogenic mushrooms in Christian art: in frescoes, illuminated manuscripts, mosaics, sculptures, and stained glass windows. Based on this iconic evidence, the article proposes a psychedelic gospels theory and addresses critiques of this theory by art historians, ardent advocates, medieval historians, and conservative Catholics. It calls for the establishment of an Interdisciplinary Committee on the Psychedelic Gospels to independently evaluate the growing body of evidence of entheogenic mushrooms in Christian art in order to resolve a controversial question regarding the possible role of entheogens in the history and origins of Christianity. (shrink)

After half a century in oblivion, the nature of consciousness is now the hottest topic in the behavioral sciences and philosophy. Beginning with the pioneering work of Ludwig Wittgenstein in the 1930’s (the Blue and Brown Books) and from the 50’s to the present by his logical successor John Searle, I have created the following table as an heuristic for furthering this study. The rows show various aspects or ways of studying and the columns show the involuntary processes and (...) voluntary behaviors comprising the two systems (dual processes) of the Logical Structure of Consciousness (LSC), which can also be regarded as the Logical Structure of Rationality (LSR-Searle), of behavior (LSB), of personality (LSB), of reality (LSOR), of Intentionality (LSI) -the classical philosophical term, the Descriptive Psychology of Consciousness (DPC) , the Descriptive Psychology of Thought (DPT) –or better, the Language of the Descriptive Psychology of Thought (LDPT), terms introduced here and in my other very recent writings. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019), The Logical Structure of Human Behavior (2019), and Suicidal Utopian Delusions in the 21st Century 4th ed (2019). (shrink)

This is a one page handout presenting some objections A.R. Radcliffe-Brown makes to Frazer on rites and Frazer's evolutionism.

This article is part of a For-Discussion-Section of Methods of Information in Medicine about the paper "Biomedical Informatics: We Are What We Publish", written by Peter L. Elkin, Steven H. Brown, and Graham Wright. It is introduced by an editorial. This article contains the combined commentaries invited to independently comment on the Elkin et al. paper. In subsequent issues the discussion can continue through letters to the editor.

The question of where the knowledge comes from when we conduct thought experiments has been one of the most fundamental issues discussed in the epistemological position of thought experiments. In this regard, Pierre Duhem shows a skeptical attitude on the subject by stating that thought experiments cannot be evaluated as real experiments or cannot be accepted as an alternative to real experiments. James R. Brown, on the other hand, states that thought experiments, which are not based on new experimental (...) evidence or logically derived from old data, called the Platonic thought experiment, provide intuitive access to a priori knowledge. Unlike Brown, John D. Norton strictly criticizes the idea that thought experiments provide mysterious access to the knowledge of the physical world, and states that thought experiments cannot provide knowledge that transcends empiricism. In the context of the NortonBrown debate, in this article, Brown's stance on thought experiments is supported by critically analyzing the thoughts put forward on the subject. -/- Düşünce deneylerini gerçekleştirdiğimizde sonucunda elde edilen bilginin nereden geldiği sorusu düşünce deneylerinin epistemolojik konumuna ilişkin tartışılan en temel konulardan bir tanesidir. Bu doğrultuda, Pierre Duhem düşünce deneylerinin gerçek deneyler ile aynı statüde değerlendirilemeyeceğini ve hatta düşünce deneylerinin gerçek deneylerin bir alternatifi olarak bile kabul edilemeyeceğini belirterek konuya ilişkin şüpheci bir tavır sergilemektedir. James R. Brown ise yeni deneysel kanıtlara dayanmayan ya da eski verilerden mantıksal olarak türetilmeyen, Platoncu düşünce deneyi olarak adlandırılan düşünce deneylerinin a priori bilgiye sezgisel erişim sağladığını ifade etmektedir. Brown’ın aksine, John D. Norton düşünce deneylerinin fiziksel dünyanın bilgisine gizemli bir erişim sağladığı yönündeki düşünceyi kesin bir dille eleştirmekte ve düşünce deneylerinin ampirizmi aşan bir bilgi sağlamasının mümkün olamayacağını ifade etmektedir. Norton-Brown tartışması çerçevesinde bu makalede, Brown'un düşünce deneylerine ilişkin tutumu, konuyla ilgili düşüncelerin eleştirel olarak analiz edilmesiyle desteklenmektedir. (shrink)

Providing the most thorough coverage available in one volume, this comprehensive, broadly based collection offers a wide variety of selections in four major genres, and also includes a section on film. Each of the five sections contains a detailed critical introduction to each form, brief biographies of the authors, and a clear, concise editorial apparatus. Updated and revised throughout, the new Fourth Edition adds essays by Margaret Mead, Russell Baker, Joan Didion, Annie Dillard, and Alice Walker; fiction by Nathaniel Hawthorne, (...) Ursula K. LeGuin, Anton Chekov, James Joyce, Katherine Mansfield, F. Scott Fitzgerald, William Faulkner, Alice Walker, Louise Erdrich, Donald Barthelme, and James McPherson; poems by John Donne, Robert Browning, Walt Whitman, Edwin Arlington Robinson, e.e. cummings, Langston Hughes, W.H. Auden, Philip Levine, and Louise Gluck; and plays by August Wilson, Marsha Norman, Wendy Wasserstein, and Vaclav Havel. The chapter devoted to film examines the relation of film to literature and gives the complete screenplay for Citizen Kane plus close analysis of a scene from the film. With its innovative structure, comprehensive coverage, and insightful and stimulating presentation of all kinds of literature, this is an anthology readers will turn to again and again. (shrink)

Review of "Artificial Intelligence: An MIT Perspective, Volume 2: Understanding Vision, Manipulation, Computer Design, Symbol Manipulation," Patrick Henry Winston & Richard Henry Brown (eds.), The MIT Press, Cambridge, MA, 2nd printing, 1980.

Review of "Artificial Intelligence: An MIT Perspective, Volume 1: Expert Problem Solving, Natural Language Understanding, Intelligent Computer Coaches, Representation and Learning," Patrick Henry Winston & Richard Henry Brown (eds.), The MIT Press, Cambridge, MA, 1979.

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...) “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

Sheep production is the most representative livestock activities in Brazil and in the world. However, the reproductive performance of these animals is determined by factors genetic, physical environment, management and, especially, nutritional. Thirty half-breed lambs from Dorper × Santa Inês were used, with initial weight and age of 31.87 ± 0.5 kg and 157 days, respectively. These animals were prepared on a diet with three food levels (ad libitum, 30% and 70%). Morphometric measurements were measured at intervals of 16 to (...) 20 days in 56 experimental days. The measurements performed were scrotal circumference (CE), chest circumference (CT), body condition score (ECC), withers height (AC) and scrotal bag thickness (EBE), body weight (CP) and semen collection. Interaction occurrence for biometric measurements between food levels and age (p <0.05). The TC and ECC values were higher in animals fed ad libitum (p <0.001). EBE had higher values in animals ad libitum and at 211 days of age (p <0.001). The CP was increasing for the animals ad libitum and (p <0.05) throughout the experiment, while the T30 was only in the initial period. T70 animals did not grow during the whole experiment. CE was influenced by diet (p <0.001) and age (p <0.001) independently. So that animals under food restriction had less development and was higher in older animals. The AC values were influenced only by age (p <0.001), demonstrating the effect of age growth. We conclude that it is not advantageous to submit lambs, it corrects food reproduction. Although it was not possible to assess whether initial malnutrition would bring future problems for the animal's seminal quality, it proved to be immensely negative for the onset of puberty and the development of reproductive structures. -/- REFERÊNCIAS BIBLIOGRÁFICAS AKUMBUGU, F. E., et al. Correlation between Body and Testicular Biometric Characteristics of West African Dwarf Rams. Multidisciplinary Advances in Veterinary Science. 2.4, 2018 ALLAOUI, A. et al. Factors affecting scrotal measurements and weight of Ouled Djellal rams in Eastern and South-eastern Algeria. APCBEE procedia, v. 8, p. 260-265, 2014. ALVES, J. M. et al. Estação de nascimento e puberdade em cordeiros Santa Inês. Revista Brasileira de Zootecnia, v. 35, n. 3, p. 958-966, 2006. ALVES, K. S. et al. Níveis de energia em dietas para ovinos Santa Inês: características de carcaça e constituintes corporais. Revista Brasileira de Zootecnia, v. 32, n. 6, p. 1927-1936, 2003. BIELLI, A. et al. Low maternal nutrition during pregnancy reduces the number of Sertoli cells in the newborn lamb. Reproduction, Fertility and Development, v. 14, n. 6, p. 333-337, 2002. BROWN, D. C.; STIRLING, H. F.; KELNAR, C. J. H. Precocious puberty. Paediatrics and Child Health, v. 4, n. 3, p. 184-188, 1994. BUDAI, C. Performance and adaptability of the Dorper sheep breed under Hungarian and Romanian rearing conditions. Scientific Papers Animal Science and Biotechnologies, v. 46, n. 1, p. 344-349, 2013. CARNEIRO, P. L. S. et al. Desenvolvimento ponderal e diversidade fenotípica entre cruzamentos de ovinos Dorper com raças locais. Pesquisa Agropecuária Brasileira, v. 42, n. 7, p. 991-998, 2007. CARRIJO JUNIOR, O. A. et al. Morphological evaluation of the testicles of young santa Inês rams submitted to different regimes of protein supplementation and drenching. Ciência animal brasileira, Goiânia, v. 9, n. 2, p. 433-441, abr./jun. 2008. CASTRO, F.A.B. de et al. Desempenho de cordeiros Santa Inês do nascimento ao desmame filhos de ovelhas alimentadas com diferentes níveis de energia. Semina: Ciências Agrárias, v. 33, n. 6 supl 2, p. 3379-3388, 2012 CEZAR, M. F. et al. Avaliação de parâmetros fisiológicos de ovinos Dorper, Santa Inês e seus mestiços perante condições climáticas do trópico semi-árido nordestino. Ciência e Agrotecnologia, v. 28, n. 3, p. 614-620, 2004. CHACÓN, L. et al. Características de la pubertad en corderos de pelo y sus cruces en Colombia en condiciones de baja altitud. Revista MVZ Cordoba, v. 24, n. 1, p. 7099-7103, 2019. CHEMINEAU, P. et al. Training manual on artificial insemination in sheep and goats. Rome: FAO; 1991. DA SILVA, Emanuel Isaque Cordeiro. Comportamento Sexual dos Animais Domésticos. 2020. DA SILVA, Emanuel Isaque Cordeiro. Fisiologia do ciclo estral dos animais domésticos. Emanuel Isaque Cordeiro da Silva, 2021. Da Silva EIC. Formulação de ração para ovinos. 1ª ed. Belo Jardim, PE: IPA, 2021. DA SILVA, Emanuel Isaque Cordeiro. Puberdade e Estacionalidade Reprodutiva dos Animais. 2020. FAO. Animal Production and Health Paper, v. 83. ELMAZ, Ö. et al. Prediction of postpubertal reproductive potential according to prepubertal body weight, testicular size, and testosterone concentration using multiple regression analysis in Kıvırcık ram lambs. Turkish journal of veterinary and animal sciences, v. 32, n. 5, p. 335-343, 2008. JUCÁ, A. F. et al. Performance of the Santa Ines breed raised on pasture in semiarid tropical regions and factors that explain trait variation. Tropical animal health and production, v. 46, n. 7, p. 1249-1256, 2014. FOURIE, P. J. et al. Scrotal, testicular and semen characteristics of young Dorper rams managed under intensive and extensive conditions. Small Ruminant Research, v. 54, n. 1-2, p. 53-59, 2004. GUNN, R. G.; SIM, D. A.; HUNTER, E. A. Effects of nutrition in utero and in early life on the subsequent lifetime reproductive performance of Scottish Blackface ewes in two management systems. Animal Science, v. 60, n. 2, p. 223-230, 1995. HÖTZEL, M. J. et al. Morphometric and endocrine analyses of the effects of nutrition on the testis of mature Merino rams. Reproduction, v. 113, n. 2, p. 217-230, 1998. Instituto Brasileiro de Geografia e Estatística (IBGE). Produção Pecuária municipal. Rio de Janeiro, v. 46, p.1-8, 2018. KENYON, P. R.; MALONEY, S. K.; BLACHE, D. Review of sheep body condition score in relation to production characteristics. New Zealand Journal of Agricultural Research, v. 57, n. 1, p. 38-64, 2014. KHERADMAND, A.; BABAEI, H.; ALI BATAVANI, R. Effect of improved diet on semen quality and scrotal circumference in the ram. Veterinarski arhiv, v. 76, n. 4, p. 333-341, 2006. KORKMAZ, M. K.; EMSEN, E. Growth and reproductive traits of purebred and crossbred Romanov lambs in Eastern Anatolia. Anim. Reprod., v. 13, n. 1, p. 3-6, 2016. KRIDLI, R. T. et al. Age at puberty and some biological parameters of Awassi and its first crosses with Charollais and Romanov rams. Italian journal of animal science, v. 5, n. 2, p. 193-202, 2006. LOUW, D. F. J.; JOUBERT, D. M. Puberty in the male Dorper sheep and Boer goat. S. Afr. J. Agric. Sci, v. 7, p. 509-520, 1964. MAIA, A. S. C.; SILVA, R. G.; ANDRADE, P. C. Efeitos da temperatura e da movimentação do ar sobre o isolamento térmico do velo de ovinos em câmara climática. Revista Brasileira de Zootecnia, v. 38, n. 1, p. 104-108, 2009. MARTINS, R. D. et al. Avaliação da sazonalidade reprodutiva de carneiros Santa Inês criados no Distrito Federal. R. Bras. Zootec., Viçosa, v. 32, n. 6, supl. 1, p. 1594-1603, Dec. 2003. MENDES, A. M. P. et al. Zoneamento bioclimático para a raça ovina Dorper no Estado de Pernambuco. Pesquisa Agropecuária Brasileira, v. 49, n. 12, p. 986-993, 2014. MOULLA, F. et al. Characterization of the onset of puberty in Tazegzawt lambs, an endangered Algerian sheep: Body weight, thoracic perimeter, testicular growth, and seminal parameters. Veterinary world, v. 11, n. 7, p. 889, 2018. NATIONAL RESEARCH COUNCIL (NRC). Nutrient Requirements of Small Ruminants: Sheep, Goats, Cervids, and New World Camelids. Washington, D.C.: National Academy Press, 2007. NOTTER, D. R.; LUCAS, J. R.; MCCLAUGHERTY, F. S. Accuracy of estimation of testis weight from in situ testis measures in ram lambs. Theriogenology, v. 15, n. 2, p. 227-234, 1981. SEJIAN, V. et al. Effect of body condition score on the allometric measurements and reproductive performance of Garole X Malpura ewes under hot semi-arid environment. Journal of Dairy, Veterinary & Animal Research, v. 2, n. 6, p. 1-4, 2015. PACHECO, A.; MADELLA-OLIVEIRA, A. F.; QUIRINO, C. R. Biometria e formas dos testículos em cordeiros da raça Santa Inês explorados em regime de manejo intensivo. Revista Brasileira de Ciências Agrárias, v. 5, n. 1, p. 123-128, 2010. REGO NETO, A. A. et al. Population genetic structure of Santa Inês sheep in Brazil. Tropical animal health and production, v. 50, n. 3, p. 503-508, 2018. RHIND, S. M. Effects of maternal nutrition on fetal and neonatal reproductive development and function. Animal Reproduction Science, v. 82, p. 169-181, 2004. RIBEIRO, E. L. A.; GONZÁLEZ-GARCÍA, E. Indigenous sheep breeds in Brazil: potential role for contributing to the sustainability of production systems. Tropical animal health and production, v. 48, n. 7, p. 1305-1313, 2016. RIBEIRO, M. S. et al. Repeatability and effect of age on reproductive characteristics in Santa Ines rams. Archivos de zootecnia, v. 67, n. 257, p. 143-147, 2018. RUSSEL, A. J. F.; DONEY, J. M.; GUNN, R. G. Subjective assessment of body fat in live sheep. The Journal of Agricultural Science, v. 72, n. 3, p. 451-454, 1969. SILVA, N. V. et al. Medidas in vivo e da carcaça e constituintes não carcaça de ovinos alimentados com diferentes níveis do subproduto agroindustrial da goiaba. Revista Brasileira de Saúde e Produção Animal, v. 17, n. 1, p. 101-115, 2016. SILVA, P. et al. Influence of placentally mediated fetal growth restriction on the onset of puberty in male and female lambs. Reproduction, v. 122, n. 3, p. 375-383, 2001. SIQUEIRA FILHO, E. R. Influência dos níveis protéicos fornecidos na dieta sobre o sistema reprodutivo de carneiros. 2007. 75 f. Dissertação (mestrado) - Universidade Estadual Paulista, Faculdade de Medicina Veterinária e Zootecnia de Botucatu, 2007. SOUZA, J. S da et al. Biometric measurements of Santa Inês meat sheep reared on Brachiaria brizantha pastures in Northeast Brazil. Plos one, v. 14, n. 7, p. e0219343, 2019. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

Après un demi-siècle dans l’oubli, la nature de la conscience est maintenant le sujet le plus chaud dans les sciences du comportement et la philosophie. Commençant par le travail pionnier de Ludwig Wittgenstein dans les années 1930 (les Livres Bleus et Brown) et des années 50 à nos jours par son successeur logique John Searle, j’ai créé la table suivante comme un heuristique pour la poursuite de cette étude. Les lignes montrent divers aspects ou façons d’étudier et les colonnes (...) montrent les processus involontaires et les comportements volontaires comprenant les deux systèmes (deux processus) de la Structure Logique de la Conscience (LSC), qui peuvent également être considérés comme la structure logique de la rationalité (LSR-Searle), du comportement (LSB), de la personnalité (LSP), de la réalité (LSOR), de l’intentionnalité (LSI) - le terme philosophique classique, la psychologie détative , la psychologie descriptive de la pensée (DPT) - ou mieux, le langage de la psychologie descriptive de la pensée (LDPT), termes introduits ici et dans mes autres écrits très récents. Ceux qui souhaitent un cadre complet à jour pour le comportement humain de la vue moderne de deuxemssyst peuvent consulter mon livre 'The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle' 2nd ed (2019). Ceux qui s’intéressent à plus de mes écrits peuvent voir «Talking Monkeys --Philosophie, Psychologie, Science, Religion et Politique sur une planète condamnée --Articles et revues 2006-2019 3e ed (2019) et Suicidal Utopian Delusions in the 21st Century 4th ed (2019) et autres. (shrink)

In the mid-seventeenth century a movement of self-styled experimental philosophers emerged in Britain. Originating in the discipline of natural philosophy amongst Fellows of the fledgling Royal Society of London, it soon spread to medicine and by the eighteenth century had impacted moral and political philosophy and even aesthetics. Early modern experimental philosophers gave epistemic priority to observation and experiment over theorising and speculation. They decried the use of hypotheses and system-building without recourse to experiment and, in some quarters, developed a (...) philosophy of experiment. The movement spread to the Netherlands and France in the early eighteenth century and later impacted Germany. Its important role in early modern philosophy was subsequently eclipsed by the widespread adoption of the Kantian historiography of modern philosophy, which emphasised the distinction between rationalism and empiricism and had no place for the historical phenomenon of early modern experimental philosophy. The re-emergence of interest in early modern experimental philosophy roughly coincided with the development of contemporary x-phi and there are some important similarities between the two. (shrink)

Among the factors necessary for the occurrence of some event, which of these are selectively highlighted in its explanation and labeled as causes — and which are explanatorily omitted, or relegated to the status of background conditions? Following J. S. Mill, most have thought that only a pragmatic answer to this question was possible. In this paper I suggest we understand this ‘causal selection problem’ in causal-explanatory terms, and propose that explanatory trade-offs between abstraction and stability can provide a principled (...) solution to it. After sketching that solution, it is applied to a few biological examples, including to a debate concerning the ‘causal democracy’ of organismal development, with an anti-democratic (though not a gene-centric) moral. (shrink)

That about sums up what is wrong with Clark's view.

Truthmaker monism is the view that the one and only truthmaker is the world. Despite its unpopularity, this view has recently received an admirable defence by Schaffer :307–324, 2010b). Its main defect, I argue, is that it omits partial truthmakers. If we omit partial truthmakers, we lose the intimate connection between a truth and its truthmaker. I further argue that the notion of a minimal truthmaker should be the key notion that plays the role of constraining ontology and that truthmaker (...) monism is not necessary for an appropriate solution to the problem of finding truthmakers for negative truths. I conclude that we should reject truthmaker monism once and for all. (shrink)

This paper attempts to explain the conceptual connections between happiness and well-being. It first distinguishes episodic happiness from happiness in the personal attribute sense. It then evaluates two recent proposals about the connection between happiness and well-being: (1) the idea that episodic happiness and well-being both have the same fundamental determinants, so that a person is well-off to a particular degree in virtue of the fact that they are happy to that degree, and (2) the idea that happiness in the (...) personal attribute sense can serve as a ‘‘proxy’’ for well-being, i.e., that a person’s degree of deep or robust happiness approximates their degree of well-being. It is argued that happiness in both these senses is conceptually, metaphysically, and empirically distinct from well- being. A new analysis of welfare, well-being as agential flourishing, can explain welfare’s real connection to happiness in both the episodic and personal attribute senses. It predicts that such happiness is only directly beneficial when it is valued, when it is a form of valuing, or when it underwrites (i.e., serves as the causal basis for) the disposition to realize one’s values. It is therefore a necessary—but not sufficient—condition for especially high levels of well-being. This analysis of welfare integrates many insights from the eudaimonic tradition of welfare and happiness research in psychology, and also addresses common criticisms of these eudaimonic models. (shrink)

What is it to be a woman? What is it to be a man? We start by laying out desiderata for an analysis of 'woman' and 'man': descriptively, it should link these gender categories to sex biology without reducing them to sex biology, and politically, it should help us explain and combat traditional sexism while also allowing us to make sense of the activist view that gendering should be consensual. Using a Putnam-style 'Twin Earth' example, we argue that none of (...) the existing analyses in the feminist literature succeeds in meeting all of our desiderata. Finally, we propose a positive account that we believe can satisfy all the desiderata outlined. According to our theory, the genders 'woman' and 'man' are individuated not by their contemporary connections to sex biology, but by their historical continuity with classes that were originally closely connected to sex biology. (shrink)

After reviewing Kant’s well-known criticisms of the traditional proofs of God’s existence and his preferred moral argument, this paper presents a detailedanalysis of a densely-packed theistic argument in Religion within the Bounds of Bare Reason. Humanity’s ultimate moral destiny can be fulfilled only through organized religion, for only by participating in a religious community (or “church”) can we overcome the evil in human nature. Yet we cannot conceive how such a community can even be founded without presupposing God’s existence. Viewing (...) God as the internal moral lawgiver, empowering a community of believers, is Kant’s ultimate rationale for theistic belief. (shrink)

My first paper on the Is/Ought issue. The young Arthur Prior endorsed the Autonomy of Ethics, in the form of Hume’s No-Ought-From-Is (NOFI) but the later Prior developed a seemingly devastating counter-argument. I defend Prior's earlier logical thesis (albeit in a modified form) against his later self. However it is important to distinguish between three versions of the Autonomy of Ethics: Ontological, Semantic and Ontological. Ontological Autonomy is the thesis that moral judgments, to be true, must answer to a realm (...) of sui generis non-natural PROPERTIES. Semantic autonomy insists on a realm of sui generis non-natural PREDICATES which do not mean the same as any natural counterparts. Logical Autonomy maintains that moral conclusions cannot be derived from non-moral premises.-moral premises with the aid of logic alone. Logical Autonomy does not entail Semantic Autonomy and Semantic Autonomy does not entail Ontological Autonomy. But, given some plausible assumptions Ontological Autonomy entails Semantic Autonomy and given the conservativeness of logic – the idea that in a valid argument you don’t get out what you haven’t put in – Semantic Autonomy entails Logical Autonomy. So if Logical Autonomy is false – as Prior appears to prove – then Semantic and Ontological Autonomy would appear to be false too! I develop a version of Logical Autonomy (or NOFI) and vindicate it against Prior’s counterexamples, which are also counterexamples to the conservativeness of logic as traditionally conceived. The key concept here is an idea derived in part from Quine - that of INFERENCE-RELATIVE VACUITY. I prove that you cannot derive conclusions in which the moral terms appear non-vacuously from premises from which they are absent. But this is because you cannot derive conclusions in which ANY (non-logical) terms appear non-vacuously from premises from which they are absent Thus NOFI or Logical Autonomy comes out as an instance of the conservativeness of logic. This means that the reverse entailment that I have suggested turns out to be a mistake. The falsehood of Logical Autonomy would not entail either the falsehood Semantic Autonomy or the falsehood of Ontological Autonomy, since Semantic Autonomy only entails Logical Autonomy with the aid of the conservativeness of logic of which Logical Autonomy is simply an instance. Thus NOFI or Logical Autonomy is vindicated, but it turns out to be a less world-shattering thesis than some have supposed. It provides no support for either non-cognitivism or non-naturalism. (shrink)

In this paper, we argue that ‘Weak Modal Rationalism’, which is the view that ideal primary positive conceivability entails primary metaphysical possibility, is self-defeating. To this end, we outline two reductio arguments against ‘Weak Modal Rationalism’. The first reductio shows that, from supposing that ‘Weak Modal Rationalism’ is true, it follows that conceivability both is and is not conclusive evidence for possibility. The second reductio shows that, from supposing that ‘Weak Modal Rationalism’ is true, it follows that it is possible (...) that ‘Weak Modal Rationalism’ is necessarily false, and hence that ‘Weak Modal Rationalism’ is false. We then argue that adopting a weaker position according to which conceivability is merely prima facie evidence for possibility provides limited protection from our criticism of conceivability arguments. (shrink)

Despite the language we saw in the previous chapter, which allowed for time apprehension by perception and marking, in Physics iv 14, Aristotle famously argues that time is dependent on nous.

Philosophical discussions of species have focused on multicellular, sexual animals and have often neglected to consider unicellular organisms like bacteria. This article begins to fill this gap by considering what species concepts, if any, apply neatly to the bacterial world. First, I argue that the biological species concept cannot be applied to bacteria because of the variable rates of genetic transfer between populations, depending in part on which gene type is prioritized. Second, I present a critique of phylogenetic bacterial species, (...) arguing that phylogenetic bacterial classification requires a questionable metaphysical commitment to the existence of essential genes. I conclude by considering how microbiologists have dealt with these biological complexities by using more pragmatic and not exclusively evolutionary accounts of species. I argue that this pragmatism is not borne of laziness but rather of the substantial conceptual problems in classifying bacteria based on any evolutionary standard. (shrink)

In the middle of last century metaphysics was widely criticized, ridiculed, and committed to the flames. During this period a handful of philosophers, against several anti-metaphysical trends, defended metaphysics and articulated novel metaphysical doctrines. Donald C. Williams was one of these philosophers. But while his contributions to metaphysics are well known his defence of metaphysics is not and yet it played a key part in the development and revival of metaphysics. In this paper I present his defence of metaphysics in (...) its historical context. I also show how his defence is relevant in response to recent attacks on metaphysics. (shrink)

Grief research in philosophy agrees that one who grieves grieves over the irreversible loss of someone whom the griever loved deeply, and that someone thus factored centrally into the griever’s sense of purpose and meaning in the world. The analytic literature in general tends to focus its treatments on the paradigm case of grief as the death of a loved one. I want to restrict my account to the paradigm case because the paradigm case most persuades the mind that grief (...) is a past-directed emotion. The phenomenological move I propose will enable us to (1) respect the paradigm case of grief and a broader but still legitimate set of grief-generating states of affairs, (2) liberate grief from the view that grief is past directed or about the past, and thus (3) account for grief in a way that separates it from its closest emotion-neighbor, sorrow, without having to rely on the affective quality of those two emotions.If the passing of the beloved causes the grief but is not what the grief is about, then we can get at the nature of grief by saying its temporal orientation is in the past (the event of the passing), but its temporal meaning is the present and future—the new significance of a world with the pervasive absence that is the world without the beloved. The no-longer of grief is a no-longer oriented by a past (that which is no longer) that is referred a present and future (that which is a no-longer understood as not now as it once was). Looking at the griever’s relation to time can tell us much about the pain and the object of grief, then. As the griever puts the past before himself with a certainty about this world “henceforth,” a look at the griever’s lived sense of the fi nality of the irreversibly lost (1) liberates grief from the tendency in the literature to be reduced to a past-directed emotion, (2) accounts for grief ’s intensity, its affective force or poignancy, and thus (3) enables us to separate grief from sorrow according to its intentionalobject in light of the temporal meaning of these emotions. (shrink)

This paper presents an attempt to integrate theories of causal processes—of the kind developed by Wesley Salmon and Phil Dowe—into a theory of causal models using Bayesian networks. We suggest that arcs in causal models must correspond to possible causal processes. Moreover, we suggest that when processes are rendered physically impossible by what occurs on distinct paths, the original model must be restricted by removing the relevant arc. These two techniques suffice to explain cases of late preëmption and other cases (...) that have proved problematic for causal models. (shrink)

David Lewis objected to theories that posit necessary connections between distinct entities and to theories that involve a magical grasping of their primitives. In On the Plurality of Worlds, Lewis objected to nondescript ersatzism on these grounds. The literature contains several reconstructions of Lewis’ critique of nondescript ersatzism but none of these interpretations adequately address his main argument because they fail to see that Lewis’ critique is based on broader methodological considerations. I argue that a closer look at his methodology (...) reveals the broader objection he presented against nondescript ersatzism. This objection, I further argue, remains a challenge for the ersatzer who posits structure-less entities as possible worlds. (shrink)

In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...) it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question. (shrink)

In his celebrated 'Good and Evil' (l956) Professor Geach argues as against the non-naturalists that ‘good’ is attributive and that the predicative 'good', as used by Moore, is senseless.. 'Good' when properly used is attributive. 'There is no such thing as being just good or bad, [that is, no predicative 'good'] there is only being a good or bad so and so'. On the other hand, Geach insists, as against non-cognitivists, that good-judgments are entirely 'descriptive'. By a consideration of what (...) it is to be an A, we can determine what it is to be a good A, even where the ‘A’ in question is ‘human being’. These battles are fought on behalf of naturalism, indeed, of an up-to-date Aristotelianism. Geach plans to 'pass' from the 'purely descriptive' man to good/bad man, and from human act to good/bad human act. I argue: (l) That the predicative 'good' does have a genuine sense and that it is a mistake to suppose that ‘good’ is a purely attributive adjective. This does not entail that the predicative good (as used by Moore) denotes a non-natural property, but his mistake, if any is metaphysical or ontological not conceptual. (2) That the attributive 'good' cannot be used to generate a naturalistic ethic. It is difficult to extract a set of biologically based requirements out of human nature that are a) reasonably specific; b) rationally binding or at least highly persuasive; and c) morally credible. -/- On the way I protest against Geach’s tendency to try to win arguments by affecting not to understand things. -/- My views to some extent anticipate those of Kraut in *Against Absolute Goodness*. (shrink)

The context for biological emergence is modular hierarchical structures; their existence is what enables functional complexity to arise. Because of the openness of organisms to their environment, complete initial data (position, momentum) of all particles making up their structure is insufficient to determine future outcomes, because unpredictable new matter, energy, and information impacts each organism from the exterior. Consequently, through Darwinian evolution, life has developed processes to handle this issue functionally on short time scales as well on longer developmental timescales. (...) Symbolism and technology are the transforming factors handling this issue at the social levels, which is where the most sophisticated outcomes of openness occur. Considering the cosmological context, the issue is, should the universe itself be regarded as an open system over time? I make the case that is indeed so, because radically new outcomes occur such as the existence of aircraft, iPads, and the internet, which could not plausibly have been encoded in some form of data on the Last Scattering Surface in the expanding universe. (shrink)

My argument in this paper is that humility is implied in the concept of teaching, if teaching is construed in a strong sense. Teaching in a strong sense is a view of teaching as linked to students’ embodied experiences (including cognitive and moral-social dimensions), in particular students’ experiences of limitation, whereas a weak sense of teaching refers to teaching as narrowly focused on student cognitive development. In addition to detailing the relation between humility and strong sense teaching, I will also (...) argue that humility is acquired through the practice of teaching. My discussion connects to the growing interest, especially in virtue epistemology discourse, in the idea that teachers should educate for virtues. Drawing upon John Dewey and contemporary virtue epistemology discourse, I discuss humility, paying particular attention to an overlooked aspect of humility that I refer to as the educative dimension of humility. I then connect this concept of humility to the notion of teaching in a strong sense. In the final section, I discuss how humility in teaching is learned in the practice of teaching by listening to students in particular ways. In addition, I make connections between my concept of teaching and the practice of cultivating students’ virtues. I conclude with a critique of common practices of evaluating good teaching, which I situate within the context of international educational policy on teacher evaluation. (shrink)

I try to return the focus of the philosophy of history to the nature of understanding, with a particular emphasis on Louis Mink’s project of exploring how historical understanding compares to the understanding we find in the natural sciences. On the whole, I come to a conclusion that Mink almost certainly would not have liked: that the understanding offered by history has a very similar epistemic profile to the understanding offered by the sciences, a similarity that stems from the fact (...) that both are concerned with grasping how the objects of their study are structured, or how the various elements of the things they study depend upon and relate to one another. At the same time, however, I claim that historical inquiry naturally puts us in a position to acquire further epistemic goods, including the old-fashioned epistemic good of wisdom, which is plausibly constituted by knowledge of how to live well. This is something the natural sciences cannot offer, and it is part of the reason why history is such an important form of inquiry. (shrink)

This paper defines relational properties and argues for their reducibility in a, broadly speaking, Armstrongian framework of state of affairs ontology and truthmaking. While Armstrong’s own characterisation and reduction of them arguably is the best one available in the literature of this framework, it suffers from two main problems. As will be shown, it neither defines relational properties very clearly (if at all), nor provides an adequate conception of their reduction. This paper attempts to remedy this situation in four steps. (...) First, it introduces relational properties and why they matter in metaphysics in general. Second, by briefly comparing and contrasting them with extrinsic properties, and by briefly mapping them onto a tripartite division of relations, the particular kinds of relevant relational properties are identified. Third, it classifies relational properties and thereby makes possible an apt definition of them. Finally, using the notion of truthmaking, it outlines a more satisfactory case for their reduction. (shrink)

Some theorists believe that there is a plurality of values, and that in many circumstances these values are incommensurable, or at least incomparable. Others believe that all values are reducible to a single super-value, or that even if there is a plurality of irreducible values these values are commensurable. But I will argue that both sides have got it wrong. Values are neither commensurable nor incommensurable, at least not in the way most people think. We are free to believe in (...) incommensurability or not, depending on what particular conception of morality we want to embrace. Incommensurability is accordingly not a theory about value. It is a presupposition that provides a necessary background condition for a certain kind of value to exist. It is therefore not the kind of view that can be morally true or false. As a presupposition, it can only be accepted or rejected on grounds that do not presuppose that morality already exists. Incommensurability is, like the rejection of hard determinism, one of the presuppositions on which morality as we know it happens to be based. (shrink)

Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...) international law (e.g., crystallizing norms of customary law) can be binding in much the same way as better-established doctrine. This point becomes perspicuous, I argue, once we get a clear sense of the plausible options for grounding the moral authority of international law generally. -/- This result is interesting in its own right, but it also reveals two other features of the character of state responsibility under international law. First, the distinction between legislation and compliance is less pronounced compared to domestic law. Consequently, the virtues of good governance will frequently be pertinent to determining the content of states’ obligations under international law. Second, normally more powerful and influential agents will be more strongly bound by international law than other subjects. This is an attractive result, addressing a concern that motivates many international lawyers to view international law as absolutely binding. An absolutist view international legal authority is unnecessary for showing that the most powerful and dangerous states are strongly bound by the terms of much existing law. (shrink)

Commentary in reply to an article by Jeff McMahan and Julian Savulescu.

This paper defines the form of prior knowledge that is required for sound inferences by analogy and single-instance generalizations, in both logical and probabilistic reasoning. In the logical case, the first order determination rule defined in Davies (1985) is shown to solve both the justification and non-redundancy problems for analogical inference. The statistical analogue of determination that is put forward is termed 'uniformity'. Based on the semantics of determination and uniformity, a third notion of "relevance" is defined, both logically and (...) probabilistically. The statistical relevance of one function in determining another is put forward as a way of defining the value of information: The statistical relevance of a function F to a function G is the absolute value of the change in one's information about the value of G afforded by specifying the value of F. This theory provides normative justifications for conclusions projected by analogy from one case to another, and for generalization from an instance to a rule. The soundness of such conclusions, in either the logical or the probabilistic case, can be identified with the extent to which the corresponding criteria (determination and uniformity) actually hold for the features being related. (shrink)

Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...) But not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embed in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally permitted and morally just. (shrink)

Those who do not exist cannot be harmed. If someone is not worse off than she otherwise would have been, she is not harmed. Together, these claims entail that the individuals in non-identity cases are not harmed, because no one who exists is made worse off. While these claims might be true at the individual level, their truth does not preclude our having harm-based concerns about future persons in general. These concerns are justified when we recognize the responsibility we have (...) over certain offices that persons come to fill. By positing an account of de dicto harm and arguing for its moral relevance, I provide a solution to the non- identity problem that coheres nicely with our intuitions regarding harm, responsibility, and obligations to future persons. (shrink)

Although Kant had a high regard for Jesus as a moral teacher, interpreters typically assume that his philosophy disallows belief in Jesus as God. Those who regard Kant as a moral reductionist are especially likely to offer a negative construal of the densely-argued subsection of his 1793 Religion that relates directly to this issue. The recent “affirmative” trend in Kant-scholarship provides the basis for an alternative reading. First, theologians must regard Jesus as human so that belief in Jesus can empower (...) believers to become good. Second, theologians may refer to Jesus as divine by identifying his disposition as exemplifying the “archetype of perfect humanity.” Third, Judeo-Christian history poses an empirical problem that theologians can solve by interpreting Jesus’s divinity according to the schematism of analogy. While this does not constitute a robust (identifiably Christian) doctrine of Jesus’s divinity, it does provide clear guidelines for formulating such a tenet of historical faith. (shrink)

One of the disadvantages of redistributive taxation is that it reduces people’s financial incentives to increase national wealth and benefit others by engaging in productive activities. It is natural to suppose that the severity of this disadvantage will be proportional to the socially prevailing level of human selfishness. Thus several advocates of redistribution (G.A. Cohen, Ha-Joon Chang among others) have argued that this disadvantage of redistribution need not be as severe as critics often suggest, because human beings need not be (...) so selfish. My aim in this paper is to argue that, even in a society entirely composed of unselfish and impartially beneficent individuals, redistributive taxation would still discourage activities that contribute to national wealth, because differing individuals have different views about what counts as benefiting themselves and others. I also relate my discussion to G.A. Cohen’s influential ‘camping trip’ argument for socialism (from Why Not Socialism?). (shrink)

Why be moral? Why, in the language of Adam Smith, act on what you think is praiseworthy even when it does not get you praise from other people? Because, answers Smith, you love praiseworthiness. But what is this love of praiseworthiness, and where does it come from? In this article, 1) I argue that we start to love praiseworthiness when we redirect our love of praise away from other people toward the ‘impartial spectator’-aspect of ourselves, and 2) show how this (...) fits with evidence that the rudimentary moral compass which guides us early in childhood needs correction through socialisation to develop into a mature moral conscience. (shrink)

Animal welfare is a concept that plays a role within both our moral deliberations and the relevant areas of science. The study of animal welfare has impacts on decisions made by legislators, producers and consumers with regards to housing and treatment of animals. Our ethical deliberations in these domains need to consider our impact on animals, and the study of animal welfare provides the information that allows us to make informed decisions. This thesis focusses on taking a philosophical perspective to (...) answer the question of how we can measure the welfare of animals. Animal welfare science is an applied area of biology, aimed at measuring animal welfare. Although philosophy of animal ethics is common, philosophy focussing on animal welfare science is rare. Despite this lack, there are definitely many ways in which philosophical methods can be used to analyse the methodologies and concepts used in this science. One of the aims of the work in this thesis is to remedy this lack of attention in animal welfare. Animal welfare science is a strong emerging discipline, but there is the need for conceptual and methodological clarity and sophistication in this science if it is to play the relevant informative role for our practical and ethical decision-making. There is thus is a strong role here for philosophical analysis for this purpose. The central aim of this thesis is to provide an account of how we can measure subjective animal welfare, addressing some of the potential problems that may arise in this particular scientific endeavour. The two questions I will be answering are: what is animal welfare, and how do we measure it? Part One of the thesis looks at the subjective concept of animal welfare and its applications. In it, I argue for a subjective welfare view - that animal welfare should be understood as the subjective experience of individuals over their lifetimes - and look at how the subjective welfare concept informs our ethical decision-making in two different cases in applied animal ethics. Part Two of the thesis looks more closely at the scientific role of welfare. Understanding welfare subjectively creates unique measurement problems, due to the necessarily private nature of mental states and here I address a few of these problems, including whether subjective experience is measurable, how we might validate indicators of hidden target variables such as welfare, how we can make welfare comparisons between individual animals and how we might compare or integrate the different types of experience that make up welfare. I end with a discussion of the implications of all these problems and solutions for the practice of welfare science, and indicate useful future directions for research. (shrink)

Sören Halldén’s logic of nonsense is one of the most well-known many-valued logics available in the literature. In this paper, we discuss Peter Woodruff’s as yet rather unexplored attempt to advance a version of such a logic built on the top of a constructive logical basis. We start by recalling the basics of Woodruff’s system and by bringing to light some of its notable features. We then go on to elaborate on some of the difficulties attached to it; on our (...) way to offer a possible solution to such difficulties, we discuss the relation between Woodruff’s system and two-dimensional semantics for many-valued logics, as developed by Hans Herzberger. (shrink)