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)

Because factory-farmed meat production inflicts gratuitous suffering upon animals and wreaks havoc on the environment, there are morally compelling reasons to become vegetarian. Yet industrial plant agriculture causes the death of many field animals, and this leads some to question whether consumers ought to get some of their protein from certain kinds of non factory-farmed meat. Donald Bruckner, for instance, boldly argues that the harm principle implies an obligation to collect and consume roadkill and that strict vegetarianism is thus immoral. (...) But this argument works only if the following claims are true: all humans have access to roadkill, roadkill would go to waste if those who happen upon it don’t themselves consume it, it’s impossible to harvest vegetables without killing animals, the animals who are killed in plant production are all-things-considered harmed by crop farming, and the best arguments for vegetarianism all endorse the harm principle. As I will argue in this paper, each claim is deeply problematic. Consequently, in most cases, humans ought to strictly eat plants and save the roadkill for cats. (shrink)

When fat people are depicted in popular media, we often take their behavior to be representative of all fat people. How one fat person acts becomes representative of a broader pattern of behavior that all fat people are presumed to share, shaping the way we understand fatness. This way of generalizing presents fatness as a singular experience, reducing fat people to a monolithic narrative that often reinforces anti-fat bias. How do we avoid this reduction? How can we responsibly depict fat (...) characters without perpetuating negative stereotypes about real fat people? Using the case of “Fat Thor” from Avengers: Endgame, I propose the beginnings of an account of responsible artistic agency which can be used to improve the ways that marginalized communities are depicted in art, with a particular focus on fat communities. Central to this account are two features: inclusion of and deference to members of the communities depicted from a variety of backgrounds throughout the production process, and mindfulness of the preexisting narrative web built around the communities depicted. I will use this discussion to highlight the need for a drastic shift in how we consider marginalized populations in art—in reimagining both who tells their stories, and what stories are told on their behalf. (shrink)

In this paper we track the ‘body positivity’ movement from its origins, promoting radical acceptance of marginalized bodies, to its co-optation as a push for self-love for all bodies, including those bodies belonging to socially dominant groups. We argue that the new focus on the ‘body positivity’ movement involves a single-minded emphasis on beauty and aesthetic adornment, and that this undermines the original focus of social and political equality, pandering instead to capitalism and failing to rectify unjust institutions and policies. (...) As such, we argue that the ‘body positivity’ movement ultimately marginalises further the bodies for which it initially sought justice and acceptance. (shrink)

In recent discussions, it has been argued that a theory of animal rights is at odds with a liberal abortion policy. In response, Francione (1995) argues that the principles used in the animal rights discourse do not have implications for the abortion debate. I challenge Francione’s conclusion by illustrating that his own framework of animal rights, supplemented by a relational account of moral obligation, can address the moral issue of abortion. I first demonstrate that Francione’s animal rights position, which grounds (...) moral consideration in sentience, is committed to the claim that a sentient fetus has a right to life. I then illustrate that a fully developed account of animal rights that recognizes the special obligations humans have to assist animals when we cause them to be dependent and vulnerable through our voluntary actions or omissions is committed to the following: a woman also has a special obligation to assist a sentient fetus when she causes it to be dependent and vulnerable through her voluntary actions or omissions. From these considerations, it will become evident that a fully developed and consistent animal rights ethic does in fact have implications for the abortion discussion. (shrink)

In The Case for Animal Rights, Tom Regan argues that, in addition to the negative duty not to harm nonhuman animals, moral agents have a positive duty to assist nonhuman animals who are victims of injustice. This claim is not unproblematic because, in many cases, assisting a victim of injustice requires that we harm some other nonhuman animal(s). For instance, in order to feed victims of injustice who are obligate carnivores, we must kill some other animal(s). It seems, then, that (...) sometimes the duty to assist nonhuman animals who are victims of injustice conflicts with the prima facie duty not to harm nonhuman animals. In defense of Regan’s theory against this apparent inconsistency, I introduce an additional principle, the “guardianship principle,” which can be used to illustrate how we can be justified, under certain conditions, in overriding our prima facie duty not to harm nonhuman animals in order to fulfill our duty to assist nonhuman animals who are victims of injustice. (shrink)

An underappreciated fact in the history of analytic philosophy is that American pragmatism had an early and strong influence on the Vienna Circle. The path of that influence goes from Charles Peirce to Frank Ramsey to Ludwig Wittgenstein to Moritz Schlick. That path is traced in this paper, and along the way some standard understandings of Ramsey and Wittgenstein, especially, are radically altered.

While theories of animal rights maintain that nonhuman animals possess prima facie rights, such as the right to life, the dominant philosophies of animal rights permit the killing of nonhuman animals for reasons of self-defense. I argue that the animal rights discourse on defensive killing is problematic because it seems to entail that any nonhuman animal who poses a threat to human beings can be justifiably harmed without question. To avoid this human-privileged conclusion, I argue that the animal rights position (...) needs to both (1) deploy a new criterion of liability to defensive harm, and (2) seriously consider whether human beings themselves are liable to defensive harm in human-animal conflicts. By shifting the focus to whether humans are liable to defensive harm, we will find that in many situations of human-animal conflict, human beings are actually the ones liable to be harmed because they are often culpable or, to some degree, morally responsible for posing an unjust threat to nonhuman animals. (shrink)

Following recent arguments that cultural practices in wild animal populations have important conservation implications, we argue that recognizing captive animals as cultural has important welfare implications. Having a culture is of deep importance for cultural animals, wherever they live. Without understanding the cultural capacities of captive animals, we will be left with a deeply impoverished view of what they need to flourish. Best practices for welfare should therefore require concern for animals’ cultural needs, but the relationship between culture and welfare (...) is also extremely complex, requiring us to rethink standard assumptions about what constitutes and contributes to welfare. (shrink)

In response to my argument against Aristotle’s claim that humans are more political than other animals, Edward Jacobs counters that the evidence I use from cognitive ethology and my application of evolutionary principles fail to demonstrate that other animals are as political as humans. Jacobs furthermore suggests that humans are more political than other animals by pointing to the political variation in human communities. In this article, I defend my use of evolutionary principles and my interpretation of anecdotes from cognitive (...) ethology, while challenging Jacobs’s assertion that human political variation implies that humans are more political than other animals. (shrink)

The mindshaping hypothesis proposes a “de-intellectualized” explanation for human unique cooperation. In contrast to standard mindreading accounts, which emphasize the evolution of sophisticated reasoning about others’ propositional attitudes to explain how our ancestors became hyper cooperators, the hypothesis holds that sophisticated mindreading was a late-arriving product of our ancestors becoming better cooperators via the evolution of mechanisms that shape and regulate the minds of members of human groups to be suited to cooperation. Comparative research with nonhumans, especially our closest living (...) relatives, the great apes, is of utmost importance for evaluating the mindshaping hypothesis—for instance, to what extent can apes maintain relatively complex forms of culture and cooperation without reasoning about propositional attitudes? The concept of mindshaping also opens up new questions in comparative cognition that are worth exploring in their own right, such as whether apes regulate each other’s behavior via social norms. This chapter assesses what we currently do and do not know about the nature and extent of various mindshaping mechanisms in nonhuman great apes, focusing on culture and social learning, pedagogy, and social norms. (shrink)

Empirical studies of the social lives of non-human primates, cetaceans, and other social animals have prompted scientists and philosophers to debate the question of whether morality and moral cognition exists in non-human animals. Some researchers have argued that morality does exist in several animal species, others that these species may possess various evolutionary building blocks or precursors to morality, but not quite the genuine article, while some have argued that nothing remotely resembling morality can be found in any non-human species. (...) However, these different positions on animal morality generally appear to be motivated more by different conceptions of how the term “morality” is to be defined than by empirical disagreements about animal social behaviour and psychology. After delving deeper into the goals and methodologies of various of the protagonists, I argue that, despite appearances, there are actually two importantly distinct debates over animal morality going on, corresponding to two quite different ways of thinking about what it is to define “morality”, “moral cognition”, and associated notions. Several apparent skirmishes in the literature are thus cases of researchers simply talking past each other. I then focus on what I take to be the core debate over animal morality, which is concerned with understanding the nature and phylogenetic distribution of morality conceived as a psychological natural kind. I argue that this debate is in fact largely terminological and non-substantive. Finally, I reflect on how this core debate might best be re-framed. (shrink)

This paper considers the question of whether chimpanzees possess at least a primitive sense of normativity: i.e., some ability to internalize and enforce social norms—rules governing appropriate and inappropriate behaviour—within their social groups, and to make evaluations of others’ behaviour in light of such norms. A number of scientists and philosophers have argued that such a sense of normativity does exist in chimpanzees and in several other non-human primate and mammalian species. However, the dominant view in the scientific and philosophical (...) literature is that psychological capacities for social norms evolved uniquely in the human lineage, after our last common ancestor with chimpanzees and bonobos. After reviewing some of the existing evidence for normative capacity in chimpanzees, I defend the thesis of chimpanzee normativity against three key theoretical objections that have been presented in the literature, each of which have played a part in motivating the dominant sceptical position. I argue that, while we still have much to learn about the nature and extent of the normative capacities of other animals, there is strong prima facie evidence for social norms and normative evaluation in chimpanzees and the main theoretical objections to chimpanzee normativity are not at all compelling. (shrink)

This paper considers John Doris, Stephen Stich, Alexandra Plakias, and colleagues’ recent attempts to utilize empirical studies of cross-cultural variation in moral judgment to support a version of the argument from disagreement against moral realism. Crucially, Doris et al. claim that the moral disagreements highlighted by these studies are not susceptible to the standard ‘diffusing’ explanations realists have developed in response to earlier versions of the argument. I argue that plausible hypotheses about the cognitive processes underlying ordinary moral judgment and (...) the acquisition of moral norms, when combined with a popular philosophical account of moral inquiry—the method of reflective equilibrium—undercut the anti-realist force of the moral disagreements that Doris et al. describe. I also show that Stich's recent attempt to provide further theoretical support for Doris et al.'s case is unsuccessful. (shrink)

The discourses of Antillanité and Créolité are both based on the absence of women. This is more important in the discourse of Créolité since it silences the grandmothers, great aunts and village midwives who are the transmitters of folk tales, folk medicines and oral culture. In the struggle for recognition between Caribbean males and western males folk medicine may be too closely associated with the denigrated female role to be considered a suitable inclusion into modern development.

The recent debate surrounding scientific realism has largely focused on the “no miracles” argument (NMA). Indeed, it seems that most contemporary realists and anti-realists have tied the case for realism to the adequacy of this argument. I argue that it is mistake for realists to let the debate be framed in this way. Realists would be well advised to abandon the NMA altogether and pursue an alternative strategy, which I call the “local strategy”.

It seems that no philosopher these days wants a theory of truth which can be accused of being metaphysical. But even if we agree that grandiose metaphysics is to be spurned, even if we agree that our theory of truth should be a deflated one, the controversy does not die down. A variety of deflationist options present themselves. Some, with Richard Rorty, take the notion of truth to be so wedded to metaphysics that we are advised to drop it altogether. (...) Others, with Paul Horwich, take the disquotational or equivalence schema—'p' is T if and only if p—to completely capture the content of the predicate 'is true'. And others argue that there is a conception of truth to be had which is non-metaphysical but which goes beyond the triviality expressed by the disquotational schema. (shrink)

Social norms – rules governing which behaviours are deemed appropriate or inappropriate within a given community – are typically taken to be uniquely human. Recently, this position has been challenged by a number of philosophers, cognitive scientists, and ethologists, who have suggested that social norms may also be found in certain non-human animal communities. Such claims have elicited considerable scepticism from norm cognition researchers, who doubt that any non-human animals possess the psychological capacities necessary for normative cognition. However, there is (...) little agreement among these researchers about what these psychological prerequisites are. This makes empirical study of animal social norms difficult, since it is not clear what we are looking for and thus what should count as behavioural evidence for the presence (or absence) of social norms in animals. To break this impasse, we offer an approach that moves beyond contested psychological criteria for social norms. This approach is inspired by the animal culture research program, which has made a similar shift away from heavily psychological definitions of ‘culture’ and to become organized around a cluster of more empirically tractable concepts of culture. Here, we propose an analogous set of constructs built around the core notion of a normative regularity, which we define as a socially maintained pattern of behavioural conformity within a community. We suggest methods for studying potential normative regularities in wild and captive primates. We also discuss the broader scientific and philosophical implications of this research program with respect to questions of human uniqueness, animal welfare and conservation. (shrink)

Mikhalevich & Powell are to be commended for challenging the “invertebrate dogma” that invertebrates are unworthy of ethical concern. However, developing an evolutionarily inclusive ethics requires facing some of the more radical implications of rejecting hierarchical scala naturae and human-centered conceptions of the biological world. In particular, we need to question the anthropocentric assumptions that still linger in discussions like these.

Based on the results of empirical studies of folk moral judgment, several researchers have claimed that something like the famous Doctrine of Double Effect may be a fundamental, albeit unconscious, component of human moral psychology. Proponents of this psychological DDE hypothesis have, however, said surprisingly little about how the distinction at the heart of standard formulations of the principle—the distinction between intended and merely foreseen consequences—might be cognised when we make moral judgments about people’s actions. I first highlight the problem (...) of precisely formulating the distinction between intended and foreseen consequences and its implications for interpreting the empirical data on folk moral judgment. I then distinguish between three different approaches to this problem that have been taken by proponents of the DDE in normative ethics: so-called “closeness” accounts, accounts that employ what has come to be known as a “strict” notion of intention, and Warren Quinn’s recasting of the DDE in terms of the distinction between “direct” and “indirect agency”. I show that when taken as claims about moral psychology, these different accounts entail quite different empirical predictions about what people’s moral judgments should be in particular cases. Based on the current empirical data, I argue that a version of Quinn’s formulation of the DDE is the most empirically plausible, and that adopting such a formulation helps to diffuse much of the recent empirical criticism of the DDE hypothesis. (shrink)

This paper discusses Kevin Kelly’s recent attempt to justify Ockham’s Razor in terms of truth-finding efficiency. It is argued that Kelly’s justification fails to warrant confidence in the empirical content of theories recommended by Ockham’s Razor. This is a significant problem if, as Kelly and many others believe, considerations of simplicity play a pervasive role in scientific reasoning, underlying even our best tested theories, for the proposal will fail to warrant the use of these theories in practical prediction.

This paper discusses the role that appeals to theoretical simplicity have played in the debate between nativists and empiricists in cognitive science. Both sides have been keen to make use of such appeals in defence of their respective positions about the structure and ontogeny of the human mind. Focusing on the standard simplicity argument employed by empiricist-minded philosophers and cognitive scientists—what I call “the argument for minimal innateness”—I identify various problems with such arguments—in particular, the apparent arbitrariness of the relevant (...) notions of simplicity at work. I then argue that simplicity ought not be seen as a theoretical desideratum in its own right, but rather as a stand-in for other desirable features of theories. In this deflationary vein, I argue that the best way of interpreting the argument for minimal innateness is to view it as an indirect appeal to various potential biological constraints on the amount of innate structure that can wired into the human mind. I then consider how nativists may respond to this biologized version of the argument, and discuss the role that similar biological concerns have played in recent nativist theorizing in the Minimalist Programme in generative linguistics. (shrink)

Is morality uniquely human or does morality exist in at least some non-human animals? Are animals full-fledged moral creatures or do they merely exhibit proto-morality—evolutionary building blocks or precursors to morality, but not quite the genuine article? Such questions, prompted by remarkable advances in empirical research into the social and emotional lives of non-human animals, have aroused much recent interest amongst scientists, philosophers, and in the popular media, not least for their apparent bearing on questions of human uniqueness, evolution, and (...) the ethical status of animals. The debate over animal morality has produced many valuable contributions and stimulated new areas for empirical and theoretical research. However, focusing on these questions has led researchers to talk at cross-purposes and down some unproductive paths. The problem concerns the terms ‘morality’ and ‘moral’. (shrink)

Necessity is a touchstone issue in the thought of Charles Peirce, not least because his pragmatist account of meaning relies upon modal terms. We here offer an overview of Peirce’s highly original and multi-faceted take on the matter. We begin by considering how a self-avowed pragmatist and fallibilist can even talk about necessary truth. We then outline the source of Peirce’s theory of representation in his three categories of Firstness, Secondness and Thirdness, (monadic, dyadic and triadic relations). These have modal (...) purport insofar as the first category corresponds to possibility, the second to mechanical necessity and the third to a kind of semantic or intentional necessity. We then turn to Peirce’s explicit modal epistemology and show how it began as information-relative, with different modalities (e.g. logical, physical, practical) distinguished in terms of respective ‘designated states of information’, and shifted later in his life towards a more robust realism founded in direct perception of ideas in their relations. We then turn to Peirce’s formal logic, focusing on his diagrammatic system of Existential Graphs where he did his most serious logical research. Finally we discuss Peirce’s modal metaphysics and its implications for determinism and realism about universals. (shrink)

This paper examines a variety of social scientific studies purporting to demonstrate that transracial adoption is in the best interests of children. Finding flaws in these studies and the ethical and political arguments based upon such scientific findings, we argue for adoption practices and policies that respect the racial and ethnic identities of children of color and their communities of origin.

Conwy Lloyd Morgan (1852–1936) is widely regarded as the father of modern comparative psychology. Yet, Morgan initially had significant doubts about whether a genuine science of comparative psychology was even possible, only later becoming more optimistic about our ability to make reliable inferences about the mental capacities of non-human animals. There has been a fair amount of disagreement amongst scholars of Morgan’s work about the nature, timing, and causes of this shift in Morgan’s thinking. We argue that Morgan underwent two (...) quite different shifts of attitude towards the proper practice of comparative psychology. The first was a qualified acceptance of the Romanesian approach to comparative psychology that he had initially criticized. The second was a shift away from Romanes’ reliance on systematizing anecdotal evidence of animal intelligence towards an experimental approach, focused on studying the development of behaviour. We emphasize the role of Morgan’s evolving epistemological views in bringing about the first shift – in particular, his philosophy of science. We emphasize the role of an intriguing but overlooked figure in the history of comparative psychology in explaining the second shift, T. Mann Jones, whose correspondence with Morgan provided an important catalyst for Morgan’s experimental turn, particularly the special focus on development. We also shed light on the intended function of Morgan’s Canon, the methodological principle for which Morgan is now mostly known. The Canon can only be properly understood by seeing it in the context of Morgan’s own unique experimental vision for comparative psychology. (shrink)

The purpose of the article is to reveal the scientific approach that substantiates the impact of the creation of strategic alliances (SA) on the digital transformation of business and the development of their innovative power based on identified success factors. The aim was achieved using the following methods: abstract logic and typification (for classification of SA's success factors), generalization (to determine the peculiarities of SA's influence on their innovation development), analytical and ranking method (to determine the relationship between the dynamics (...) creating of SA and the degree of acceleration of digital transformation), expert evaluation (to determine the degree of influence of SA success factors by business areas). Implementing a business-integrated approach to understanding digital transformation will accelerate implementation of innovation and organizational change, identifies future prospects for market, customer and business relationships, highlighting the importance of researching the factors that ensure their success. An alternative vision of SA’s success factors is suggested, which are determined by the possibilities the organization of partnerships and organizational culture, integration of business sectors, compatibility of management goals, external relevance, obtaining synergies. Innovation is considered by the authors as an integration factor that reconciles all groups of SA success factors, giving them the necessary focus to solve business problems. The results of the study show that the creation of SA has a significant impact on accelerating and changes priority of digital transformation of business areas involved in strategic partnerships, and the impact of SA on the development of their innovation power is crucial. (shrink)

If you want to understand McDowell's spatial metaphors when he talks about perceptual knowledge, place him side-by-side with Dretske on perceptual knowledge. Though McDowell shows no evidence of reading Dretske's writings on knowledge from the late 1960s onwards (McDowell mentions "Epistemic Operators" once in passing), McDowell gives the same four arguments as Dretske for the conclusion that knowledge requires "conclusive" reasons that rule of the possibility of mistake. Despite various differences, we think it is best to read McDowell as re-discovering (...) Dretske on perceptual knowledge. Since Dretske is easy to understand, all of McDowell's metaphors become easy to understand. But what about McDowell's disjunctivism? Turns out McDowell is not an ontological disjunctivist, and his epistemological disjunctivism is really just the banal point that some perceptual experiences provide conclusive reasons for perceptual belief and some do not. Perceptual experiences are either conclusive or inconclusive. Dretske would agree. (shrink)

It is often argued that the indispensability of continuum models comes from their empirical adequacy despite their decoupling from the microscopic details of the modelled physical system. There is thus a commonly held misconception that temperature varying across a region of space or time can always be accurately represented as a continuous function. We discuss three inter-related cases of temperature modelling — in phase transitions, thermal boundary resistance and slip flows — and show that the continuum view is fallacious on (...) the ground that the microscopic details of a physical system are not necessarily decoupled from continuum models. We show how temperature discontinuities are present in both data (experiments and simulations) and phenomena (theory and models) and how discontinuum models of temperature variation may have greater empirical adequacy and explanatory power. The conclusions of our paper are: a) continuum idealisations are not indispensable to modelling physical phenomena and both continuous and discontinuous representations of phenomena work depending on the context; b) temperature is not necessarily a continuously defined function in our best scientific representations of the world; and c) that its continuity, where applicable, is a contingent matter. We also raise a question as to whether discontinuous representations should be considered truly de-idealised descriptions of physical phenomena. (shrink)

Consider the concept combination ‘pet human’. In word association experiments, human subjects produce the associate ‘slave’ in relation to this combination. The striking aspect of this associate is that it is not produced as an associate of ‘pet’, or ‘human’ in isolation. In other words, the associate ‘slave’ seems to be emergent. Such emergent associations sometimes have a creative character and cognitive science is largely silent about how we produce them. Departing from a dimensional model of human conceptual space, this (...) article will explore concept combinations, and will argue that emergent associations are a result of abductive reasoning within conceptual space, that is, below the symbolic level of cognition. A tensor-based approach is used to model concept combinations allowing such combinations to be formalized as interacting quantum systems. Free association norm data is used to motivate the underlying basis of the conceptual space. It is shown by analogy how some concept combinations may behave like quantum-entangled particles. Two methods of analysis were presented for empirically validating the presence of non-separable concept combinations in human cognition. One method is based on quantum theory and another based on comparing a joint probability distribution with another distribution based on a separability assumption using a chi-square goodness-of-fit test. Although these methods were inconclusive in relation to an empirical study of bi-ambiguous concept combinations, avenues for further refinement of these methods are identified. (shrink)

We offer a critical survey of the most discussed accounts of epistemic peer disagreement that are found in the recent literature. We also sketch an alternative approach in line with a pluralist understanding of epistemic rationality.

In this paper, we propose a new concept named the uniform single valued neutrosophic graph. An illustrative example and some properties are examined. Next, we develop an algorithmic approach for computing the complement of the single valued neutrosophic graph. A numerical example is demonstrated for computing the complement of single valued neutrosophic graphs and uniform single valued neutrosophic graph.

Le but de ce texte est de mettre en évidence les équi­valences entre la façon dont le concept de conatus résout, dans l'Éthique, le problème de l'unité modale complexe. en rendant consis­tant le concept de chose singulière en tant que celle-ci doit être consi­dérée comme un légitime sujet d'attribution d'états, et la façon dont ce même concept dessine le rapport cognitif de l'esprit avec lui-même, rapport par lequel l'esprit se saisit comme sujet de ses états et qui ca­ractérise la notion (...) moderne de subjectivité. Ainsi, en éclairant cet as­pect du concept spinoziste de chose singulière. on comprendra aussi, de façon indirecte, l'une des conditions par lesquelles les choses peuvent, dans la doctrine spinoziste, devenir des objets ou des signes pour la connaissance humaine. (shrink)

The neutral and nearly neutral theories of molecular evolution are sometimes characterized as theories about drift alone, where drift is described solely as an outcome, rather than a process. We argue, however, that both selection and drift, as causal processes, are integral parts of both theories. However, the nearly neutral theory explicitly recognizes alleles and/or molecular substitutions that, while engaging in weakly selected causal processes, exhibit outcomes thought to be characteristic of random drift. A narrow focus on outcomes obscures the (...) significant role of weakly selected causal processes in the nearly neutral theory. (shrink)

Darwinism, especially in the form of the Modern Synthesis, has become one of the most influential theories in the worldwide scientific community. However, due to its often dogmatic interpretation, it is more and more orthodoxical. An increasing number of scientists have come to criticise Darwinism and go beyond it with a systemic approach and an expanded vision of the evolutionary process. As a matter of fact, the discovery of natural genetic engineering mechanisms shows that living cells are able to rewrite (...) their own genetic material at the genomic level, thus leading to evolutionary innovations. This teleological standpoint triggers a paradigm shift that could turn out to be a genuine scientific revolution. (shrink)

A gas in a box is perhaps the most important model system studied in thermodynamics and statistical mechanics. Usually, studies focus on the gas, whereas the box merely serves as an idealized confinement. The present article focuses on the box as the central object and develops a thermodynamic theory by treating the geometric degrees of freedom of the box as the degrees of freedom of a thermodynamic system. Applying standard mathematical methods to the thermody- namics of an empty box allows (...) equations with the same structure as those of cosmology and classical and quantum mechanics to be derived. The simple model system of an empty box is shown to have interesting connections to classical mechanics, special relativity, and quantum field theory. (shrink)

In order to strengthen RI in the private sector, it is imperative to understand how companies organise this process, where it takes place, and what considerations and motivations are central in the innovation process. In this chapter, the questions of whether and where normative considerations play a role in the innovation process, and whether dimensions of RI are present in the innovation process, are addressed. In order answer these research questions, a theoretical framework is developed based on Jones’s theory of (...) ethical decision making and Cooper’s stagegate model of innovation management. In order to answer the research questions, a specific case of innovations that contribute to public health is explored, namely, that of food companies that participate in a Front-of-Pack logo for healthier food. As the use of healthy food logos does not necessarily have a positive impact on sales and profits, it is expected that in the decision-making process, as part of their innovation process, companies make several trade-offs between economic, technical and moral factors. As the social-ethical values at stake in corporate innovation processes have remained to a large extent unexplored in research on innovation management, the aim of this chapter is to identify the motivations and barriers for companies embracing and continuing a FoP logo for healthier food, and to assess whether ethical considerations play a role in this innovation process. From the findings in this research, it will become clear that although the studied companies participated in a programme for healthy food and thus are responsive to the needs of society, and although the companies feel responsible for public health, ethical considerations do not play a central role in the operational innovation process. Instead, technical and economic considerations seem to prevail in the operational innovation process. Furthermore, none of the procedural dimensions of RI seems to be present at this level in the innovation trajectory. It is argued that this may be an indication that the ethical decision-making process for RI is not located at the level of the operational innovation process itself, but is something that might be located on a higher strategic level in the company. It is at this level that the moral decision is taken to adopt the FoP logo and to engage in the RI process. The findings cast a new light on the discourse on RI in general, and in the private sector in particular. (shrink)

In this аrtiсlе, thе аuthоr fосusеs оn еluсidаting sоmе philоsоphiсаl аspесts оf intеrсulturаl соmmuniсаtiоn in thе соntеxt оf glоbаlizаtiоn оn thе bаsis оf rесоgnizing thе соntributiоns аnd limitаtiоns оf Wittgеnstеin tо thе birth оf philоsоphy. сulturе study. Thоsе philоsоphiсаl issuеs аrе: thе similаrity in thinking аnd асting оf pеоplе асrоss сulturеs; divеrsity оf сulturеs, wоrldviеws аnd wаys оf lifе. Frоm thе Mаrxist pоint оf viеw, thе аuthоr pоintеd оut аnd сritiсizеd thе limitаtiоns оf Wittgеnstеin's philоsоphiсаl соnсеptiоn; аnd аt thе sаmе (...) timе оffеr аnd еxplаin sоlutiоns tо implеmеnt intеrсulturаl соmmuniсаtiоn in thе соntеxt оf сurrеnt glоbаlizаtiоn. (shrink)

The concept of sustainable development considers environmental, social and economic issues in general. And the goals of resource conservation and socio-economic development do not contradict each other, but contribute to mutual reinforcement. The purpose of this study is to build and test an economic and mathematical model for the formation of strategies for the behavior of an economic entity with an increase in the impact of negative environmental factors. The proposed strategies and their models are based on the income-expenditure balance (...) equation, which takes into account both quantitative and qualitative characteristics. The constructed models are considered in the state space. The research methodology is based on building models in the form of linear combinations of functions of a homogeneous external impact and various spatial combinations of economic sources (sinks). The study makes it possible to assess the dependence of the amount of resources used for life support on the chosen adaptive strategy. Within the framework of the proposed model, it was found that the criterion for the effectiveness of the applied strategy can be an indicator of satisfaction with the state, the preservation of which, simultaneously with the preservation of the size of resources used, corresponds to the direction of optimization. This approach is consistent with the concept of sustainable development. (shrink)

The question of when human life begins is critical in debates related to life issues. While there are a variety of proposals as to how an organism should be defined, many biologists and ethicists, particularly Catholics, have approached this issue by arguing that fertilization defines the beginning of a new organism. Examining the processes of fission and fusion, which take place before gastrulation, provides strong evidence for when human life beings and therefore how it should be defined. Among the four (...) dominant theories, regulative fission and fusion are the best explanations in terms of being the most consistent with the biological data. This explanation of twinning provides compelling evidence that fertilization is not a necessary condition for human generation, although it may be a sufficient condition. While fertilization generates the vast majority of human beings, additional human beings may rarely be generated during fission events. (shrink)

This is the introduction to the special issue of the Spanish journal Ágora-Papeles de Filosofía (31/2, 2012) devoted to new Ibero-American contributions to metatheoretical structuralism.

ABSTRACT: This article explores the role of principal leadership in creating a thinking school. It contributes to the school leadership literature by exploring the intersection of two important areas of study in education  school leadership and education for thinking  which is a particularly apt area of study, because effective school leadership is crucial if students are to learn to be critical and creative thinkers, yet this connection has not be widely investigated. We describe how one principal, Hinton, turned (...) around an underperforming school by using critical and creative philosophical thinking as the focus for students, staff and parents. Then, drawing on the school leadership literature, the article describes seven attributes of school leadership beginning with four articulated by Leithwood and colleagues (2006) (building vision and setting direction; redesigning the organisation; understanding and developing people; managing the teaching and learning program), and adding three others (influence; self-development; and responding to context). This framework is then used in a case study format in a collaboration between practitioner and researchers to first explore evidence from empirical studies and personal reflection about Hinton’s leadership of Buranda State School, and second to illuminate how these general features of school leadership apply to creating a thinking school. Based on the case study and using the general characteristics of school leadership, a framework for leading a thinking school is described. Because the framework is based on a turnaround school, this framework has wide applicability: to schools that are doing well as an indication of how to implement a contemporary approach to curriculum and pedagogy; and to schools that are underperforming and want a rigorous, high expectation and contemporary way to improve student learning. (shrink)

Philosophers of experiment have acknowledged that experiments are often more than mere hypothesis-tests, once thought to be an experiment's exclusive calling. Drawing on examples from contemporary biology, I make an additional amendment to our understanding of experiment by examining the way that `wide' instrumentation can, for reasons of efficiency, lead scientists away from traditional hypothesis-directed methods of experimentation and towards exploratory methods.