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)

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

In the era of “big data,” science is increasingly information driven, and the potential for computers to store, manage, and integrate massive amounts of data has given rise to such new disciplinary fields as biomedical informatics. Applied ontology offers a strategy for the organization of scientific information in computer-tractable form, drawing on concepts not only from computer and information science but also from linguistics, logic, and philosophy. This book provides an introduction to the field of applied ontology that is of (...) particular relevance to biomedicine, covering theoretical components of ontologies, best practices for ontology design, and examples of biomedical ontologies in use. After defining an ontology as a representation of the types of entities in a given domain, the book distinguishes between different kinds of ontologies and taxonomies, and shows how applied ontology draws on more traditional ideas from metaphysics. It presents the core features of the Basic Formal Ontology (BFO), now used by over one hundred ontology projects around the world, and offers examples of domain ontologies that utilize BFO. The book also describes Web Ontology Language (OWL), a common framework for Semantic Web technologies. Throughout, the book provides concrete recommendations for the design and construction of domain ontologies. (shrink)

This volume offers a collection of in-depth explorations of pragmatism as a framework for discussions in philosophy of science and metaphysics. Each chapter involves explicit reflection on what it means to be pragmatist, and how to use pragmatism as a guiding framework in addressing topics such as realism, unification, fundamentality, truth, laws, reduction, and more. -/- .

Background If trials of therapeutic interventions are to serve society's interests, they must be of high methodological quality and must satisfy moral commitments to human subjects. The authors set out to develop a clinical - trials compendium in which standards for the ethical treatment of human subjects are integrated with standards for research methods. Methods The authors rank-ordered the world's nations and chose the 31 with >700 active trials as of 24 July 2008. Governmental and other authoritative entities of the (...) 31 countries were searched, and 1004 English-language documents containing ethical and/or methodological standards for clinical trials were identified. The authors extracted standards from 144 of those: 50 designated as ‘core’, 39 addressing trials of invasive procedures and a 5% sample of the remainder. As the integrating framework for the standards we developed a coherent taxonomy encompassing all elements of a trial's stages. Findings Review of the 144 documents yielded nearly 15 000 discrete standards. After duplicates were removed, 5903 substantive standards remained, distributed in the taxonomy as follows: initiation, 1401 standards, 8 divisions; design, 1869 standards, 16 divisions; conduct, 1473 standards, 8 divisions; analysing and reporting results, 997 standards, four divisions; and post-trial standards, 168 standards, 5 divisions. Conclusions The overwhelming number of source documents and standards uncovered in this study was not anticipated beforehand and confirms the extraordinary complexity of the clinical trials enterprise. This taxonomy of multinational ethical and methodological standards may help trialists and overseers improve the quality of clinical trials, particularly given the globalisation of clinical research. (shrink)

Identification of factors that predict recurrent antisocial behavior is integral to the social sciences, criminal justice procedures, and the effective treatment of high-risk individuals. Here we show that error-related brain activity elicited during performance of an in- hibitory task prospectively predicted subsequent rearrest among adult offenders within 4 y of release (N =96). The odds that an offender with relatively low anterior cingulate activity would be rearrested were approximately double that of an offender with high activity in this region, holding (...) constant other observed risk factors. These results suggest a potential neurocognitive biomarker for persistent antisocial behavior. (shrink)

This paper focuses on invasive therapeutic procedures, defined as procedures requiring the introduction of hands, instruments, or devices into the body via incisions or punctures of the skin or mucous membranes performed with the intent of changing the natural history of a human disease or condition for the better. Ethical and methodological concerns have been expressed about studies designed to evaluate the effects of invasive therapeutic procedures. Can such studies meet the same standards demanded of those, for example, evaluating pharmaceutical (...) agents? This paper describes a research project aimed at examining the interplay and sometimes apparent conflict between ethical standards for human research and standards for methodological rigor in trials of invasive procedures. The paper discusses how the authors plan to develop a set of consensus standards that, if met, would result in substantial and much-needed improvements in the methodological and ethical quality of such trials. (shrink)

We develop a conceptually clear, intuitive, and feasible decision procedure for testing satisfiability in the full multi\-agent epistemic logic \CMAELCD\ with operators for common and distributed knowledge for all coalitions of agents mentioned in the language. To that end, we introduce Hintikka structures for \CMAELCD\ and prove that satisfiability in such structures is equivalent to satisfiability in standard models. Using that result, we design an incremental tableau-building procedure that eventually constructs a satisfying Hintikka structure for every satisfiable input set of (...) formulae of \CMAELCD\ and closes for every unsatisfiable input set of formulae. (shrink)

The Protein Ontology (PRO) web resource provides an integrative framework for protein-centric exploration and enables specific and precise annotation of proteins and protein complexes based on PRO. Functionalities include: browsing, searching and retrieving, terms, displaying selected terms in OBO or OWL format, and supporting URIs. In addition, the PRO website offers multiple ways for the user to request, submit, or modify terms and/or annotation. We will demonstrate the use of these tools for protein research and annotation.

Background Analysis of aphasic narratives can be a challenge for clinicians. Previous studies have mainly employed measures that categorized speech samples at the word level. They included quantification of the use and misuse of different word classes, presence and absence of narrative contents and errors, paraphasias, and perseverations, as well as morphological structures and errors within a narrative. In other words, a great amount of research has been conducted in the aphasiology literature focusing on micro-linguistic structures of oral narratives. Aspects (...) of macro- linguistic structures, such as the analysis of content information by a speaker, consistency of using cohesive devices to present information within a narrative, and order of presenting information necessary to form a coherent discourse, have not been extensively investigated. The current investigation proposes a clinical analytic system to target three aspects of macro-linguistic structures in narratives among speakers with aphasia. Specifically, (1) the presence of search events (i.e., the mentioning of key events that allow the listener to understand; Capilouto, Wright, &Wagovich, 2006) within a narrative, (2) the sequence of the mentioned events, and (3) the informativeness (i.e., the fulfillment of lexical items that allow the user to understand what the event is detailing) of the event contents, were focused in the proposed framework. Method Ten controls transcripts from were selected from the AphasiaBank (MacWhinney, Fromm, Forbes, & Holland, 2011). Three narrative tasks, including sequential picture description of ‘Refused Umbrella’, procedural narrative of making a ‘Peanut Butter and Jelly Sandwich’, and telling of ‘Cinderella’ story, were used to establish normative data for the basis of analysis. Specifically, the Search Events (e) and Informative Words (i) used by at least 70% of the speakers were listed for each genre. The sequential order of mentioning the Search Events, i.e., common order of events in 90% of the speakers, (s.total) was determined. Twelve speakers with aphasia (nine fluent and three non-fluent) were recruited and administered the Western Aphasia Battery and Object and Action Naming Battery. Their performance in the above three discourse tasks were orthographically transcribed and analyzed using the following measures: e.total, e.matched with norm, e.missed, e.irrlevant, e.extra, s.total, i.pb&j, i.umbr, i.cind, and i.total. Three samples were randomly chosen to be re-analyzed for inter- and intra-rater reliability. Results Results of an independent t-test suggested significant differences between the fluent and non-fluent subjects in sequential order of Search Events for all genres (s.total) and i.total, suggesting sensitivity of this framework to differentiate between the two fluency groups. Results of Pearson product-moment correlations revealed significant relation between Informative Words and WAB spontaneous speech scores, AQ, as well as OAB scores, for both aphasic groups. The mean value of coefficients for intra-rater reliability (0.992), with significant correlations on e.match, e.miss, and e.extra, was higher than that of inter-rater reliability (0.897). Discussion Based on our preliminary results, this objective framework allowed clinical evaluation of impairment in macro-linguistic structures present in aphasic discourse. Further extension should involve more subjects encompassing a wider range of severity with different types of aphasia. (shrink)

According to the literature review, there is much room for improvement of college student retention. The aim of this research is to evaluate the possibility of using deep and machine learning algorithms to predict whether students continue to attend college or will stop attending college. In this research a feature assessment is done on the dataset available from Kaggle depository. The performance of 20 learning supervised machine learning algorithms and one deep learning algorithm is evaluated. The algorithms are trained using (...) 11 features from 1000 records of previous student registrations that have been enrolled in college. The best performing classifier after tuning the parameters was NuSVC. It achieved Accuracy (91.00%), Precision (91.00%), Recall (91.00%), F1-score (91.00%), and time required for training and testing (0.04 second). Additionally, the proposed DL algorithm scored: Accuracy (93.00%), Precision (93.00%), Recall (93.00%), F1-score (93.00%), time required for training and testing (0.66 second) for predicting whether student will continue to attend college or not. (shrink)

Patient centred diagnosis is best practised through shared decision making; an iterative dialogue between doctor and patient, whichrespects a patient’s needs, values, preferences, and circumstances. -/- Shared decision making for diagnostic situations differs fundamentally from that for treatment decisions. This has important implications when considering its practical application. -/- The nature of dialogue should be tailored to the specific diagnostic decision; scenarios with higher stakes or uncertainty usually require more detailed conversations.

In the era of “big data,” science is increasingly information driven, and the potential for computers to store, manage, and integrate massive amounts of data has given rise to such new disciplinary fields as biomedical informatics. Applied ontology offers a strategy for the organization of scientific information in computer-tractable form, drawing on concepts not only from computer and information science but also from linguistics, logic, and philosophy. This book provides an introduction to the field of applied ontology that is of (...) particular relevance to biomedicine, covering theoretical components of ontologies, best practices for ontology design, and examples of biomedical ontologies in use. After defining an ontology as a representation of the types of entities in a given domain, the book distinguishes between different kinds of ontologies and taxonomies, and shows how applied ontology draws on more traditional ideas from metaphysics. It presents the core features of the Basic Formal Ontology (BFO), now used by over one hundred ontology projects around the world, and offers examples of domain ontologies that utilize BFO. The book also describes Web Ontology Language (OWL), a common framework for Semantic Web technologies. Throughout, the book provides concrete recommendations for the design and construction of domain ontologies. (shrink)

Impulse and momentum are basic concepts of mechanics introduced in the K to 12 curricula. Despite its basic concepts, students still have difficulties understanding the topic, especially when they are out of school due to the pandemic. After reopening the gates for face–to–face classes in the Philippines, the researchers found a significant reason to conduct a lesson study to improve teaching strategies on the topic. Lesson study is a development process wherein teachers work collaboratively to improve teachers teaching capacity. This (...) study was conducted at Plaridel National High School with 23 participants from Grade 9 Newton (Set A and B). The research was conducted in two cycles using a four – phase lesson study. The research lesson was implemented using a 4A Model lesson plan and the results were taken from the analysis of the lesson study observation sheets, along with the class proficiency level. The researchers used the following strategies to improve teaching, namely; (1) showing mastery of subject matter, (2) reviewing basic mathematical operations, (3) contextualizing the lesson, (4) allowing students to answer questions in mother tongue, (5) using collaborative activities, (6) giving rewards, and (7) applying proper time management. However, the findings still showed that both sets of students achieved beginning proficiency level. Despite the implementation of these strategies, the students still lack basic knowledge of the topic and mathematical operations, and they struggle to understand it. Thus, it is recommended to plan the lesson effectively, utilize other research instruments, and collect feedback from the students. (shrink)

The recent health crisis experienced by all nations in the world created detrimental change in the countenance of educational sector especially in the new mode of delivering the instructions as measure in containing the virus and as well as continuing education. In the works of literature, little to no attention was given to the formulation of the most essential learning competencies (MELCs) as strategic measure for modular learning. This paves the way to probe the lived experiences of the teachers pertaining (...) to the compromised competencies under MELCs. Anchoring to the Sociocultural Theory of Cognitive Development by Vgotsky, this study utilized Interpretative Phenomenological Research Design with Interpretative Phenomenological Analysis (IPA) popularized by Moustakas and modified by Van Kaam as approach to analyzed the transcripts. Using purposive sampling, there were 7 informants participated the study. They are all qualified according to the inclusion criteria set by the study. The study generated three themes which are: The Compromised, The Cut-short, and The Champion. These themes elaborated the lived experiences of the teachers using the Most Essential Learning Competencies forwarded to the students. It is recommended that the learning support should be magnified in the new learning modality. Hence, the Most Essential Learning Competencies will be not be compromised. (shrink)

Due to the emergence of ICT in ELT sector, seasoned English teachers find it resistant to such a shift despite having a positive attitude towards its use. This quasi-experimental study aimed to examine the extent to which seasoned English language teachers developed their ICT skills through a Service-Learning Activity (SLA). Using a one-group pre- and post-test design, this study collected the data through a modified Needs Assessment Survey (NAS) distributed to fourteen purposively selected participants. It was administered to examine what (...) professional ICT development would greatly benefit them. The data were analyzed using descriptive statistics and themes according to the Service-Learning Activity (SLA) topics. A Post Evaluation Survey (PES) was administered, and its result was compared to the initial test. The results showed that the seasoned teachers gained significant learning gains in terms of (1) sharing of knowledge from other teachers; (2) being encouraged to use ICT tools; (3) training opportunities; (4) working with other colleagues; and 5) attending professional workshops which include SLA. However, this study unveiled that the English teachers had no significant difference in perceptions regarding the roles of computers in teaching before and after the intervention. Limitations and recommendations for future studies were discussed. (shrink)

The pandemic of COVID-19 prompted several paradigm shifts throughout society, including in education. This study aimed to examine the relationships of students' engagement in online synchronous collaborative learning activities (OSCLA) with their self-efficacy (LSE), peer social support (LPSS), state of well-being (SWB), and level of academic performance (LAP). A total of 176 Filipino Grade 12 SHS students, 18 years old and older, from a private educational institution were purposively selected for this study. Data were generated using an online survey. Results (...) show that collaborative learning activities are frequently conducted (median = 4) in their synchronous online classes. It also revealed that their LSE is high (median = 4), their LPSS is high (median = 4), their LE is moderate (median = 3), their SWB is high (median = 4), and their LAP is high (median = 94.85). The results showed a statistically significant correlation of their LSE (r = 0.69, p 0.001) and LPSS with their OSCLA LE (r = 0.438, p 0.001). A statistically significant positive moderate correlation between LE and SWB (r = 0.536, p 0.001) was also found, however, no correlation was found between their OSCLA LE and LAP (r = 0.065, p = 0.393). Thus, the use of a well-designed OSCLA is strongly recommended as it positively impacts students' SWB but should be regularly reviewed for its effectiveness in sustaining improvement in the LAP of the students. (shrink)

En el presente trabajo sostenemos que la teoría de la competencia que Rodríguez postula en su Teoría Analítica del Derecho (TAD) adolece de algunos problemas. El primero de ellos consiste en ser un enfoque reduccionista de la competencia (similar al de Bulygin y el de Ferrer), en el cual la competencia queda reducida a reglas determinativas que determinan potestades. Es dudoso que la competencia pueda reducirse a un único tipo de norma y el mismo Rodríguez parece albergar dudas a este (...) respecto. El segundo problema consiste en el rechazo que Rodríguez hace de la idea misma de regla constitutiva. Dicho rechazo a su vez se basa en un rechazo más general: el de las tesis de Searle sobre las reglas constitutivas. Sostenemos que rechazar las tesis de Searle no implica el tener que rechazar el concepto de regla constitutiva, que el problema de la competencia puede explicarse de una manera más completa acudiendo a la noción (ligeramente reformulada) de regla eidético-constitutiva de Amedeo Conte y que esto permite construir un sistema de normas que constituya de manera completa la competencia de los agentes jurídicos. A este tipo de sistemas lo llamamos “sistema constitutivo” y creemos que su implementación permite considerar un enfoque de la competencia más completo que el ofrecido en TAD, resolver la ambivalencia que Rodríguez parece tener frente a su propio enfoque y rescatar la idea de regla constitutiva de la condena que Rodríguez le aplica. (shrink)

Internodons are a formalization of Hennig's concept of species. We present an alternative construction of internodons imposing a tree structure on the genealogical network. We prove that the segments (trivial unary trees) from this tree structure are precisely the internodons. We obtain the following spin-offs. First, the generated tree turns out to be an organismal tree of life. Second, this organismal tree is homeomorphic to the phylogenetic Hennigian species tree of life, implying the discovery of a multi-level tree of life: (...) this phylogenetic tree can be obtained by zooming out from the organismal tree, or conversely, the organismal tree of life can be generated by expanding the phylogenetic nodes into unary trees. Finally, the definition of the organismal tree allows an efficient algorithmic transformation of a given genealogical network into its corresponding phylogenetic species tree of life. The latter will be presented in a separate paper. (shrink)

Defense of an account of intrinsic properties in terms of (what is now called) grounding rather than naturalness.

Traditional theists are, with few exceptions, global semantic realists about the interpretation of external world statement. Realism of this kind is treated by many as a shibboleth of traditional Christianity, a sine qua non of theological orthodoxy. Yet, this love affair between theists and semantic realism is a poor match. I suggest that everyone (theist or no) has compelling evidence drawn from everyday linguistic practice to reject a realist interpretation of most external world statements. But theists have further reason to (...) forswear this view, because those who insist on global semantic realism open themselves to the charge of hubris of a theologically inappropriate kind. If the arguments in this paper are sound, then neither God nor any of us have reason to apply a realist interpretation to all or even most statements about the external world. (shrink)

Global challenges such as climate change, food security, or public health have become dominant concerns in research and innovation policy. This article examines how responses to these challenges are addressed by governance actors. We argue that appeals to global challenges can give rise to a ‘solution strategy' that presents responses of dominant actors as solutions and a ‘negotiation strategy' that highlights the availability of heterogeneous and often conflicting responses. On the basis of interviews and document analyses, the study identifies both (...) strategies across local, national, and European levels. While our results demonstrate the co-existence of both strategies, we find that global challenges are most commonly highlighted together with the solutions offered by dominant actors. Global challenges are ‘wicked problems' that often become misframed as ‘tame problems’ in governance practice and thereby legitimise dominant responses. (shrink)

Pain may appear to undermine the radically intentionalist view that the phenomenal character of any experience is entirely constituted by its representational content. That appearance is illusory. After categorizing versions of pain intentionalism along two dimensions, I argue that an 'objectivist' and 'non-mentalist' version is the most promising, if it can withstand two objections concerning what we say when in pain, and the distinctiveness of pain. I rebut these objections, in a way available to both opponents of and adherents to (...) the view that experiential content is entirely conceptual. (shrink)

In this paper I show that we have strong empirical and theoretical reasons to treat the verbs we use in our semantic theorizing—particularly ‘refers to ’, ‘applies to ’, and ‘is true of ’—as intensional transitive verbs. Stating our semantic theories with intensional vocabulary allows us to partially reconcile two competing approaches to the nature and subject-matter of semantics: the Chomskian approach, on which semantics is non-relational, internalistic, and concerns the psychology of language users, and the Lewisian approach, on which (...) semantics is fully relational, specifies truth-conditions, and has metaphysical implications. ITVs have two readings: an intensional, de dicto reading, and a relational, de re reading. A semantic theory stated with the de dicto readings of our semantic verbs captures the core insights of the Chomskian approach to semantics, in part because it allows us to assign extremely fine-grained semantic values to expressions, even when those expressions are empty. On the other hand, the de re reading yields a theory that is fully relational, and issues in truth-conditions. The resulting theories are related—and compatible—in that they are expressed by two different readings of the very same semantic vocabulary, and plausibly, the distinction between these two readings is one of scope. (shrink)

The paper traces the sequence of events which brought Popperian philosophy (including Lakatos) to its position on the issues of excess content, novelty and scientific progress. The general approach is to analyze Popper's and Lakatos's positions on these issues as an appropriate response to a particular philosophical problem situation in which they found themselves. The paper closes with a discussion of how these issues relate to economics and economic methodology.

Following neo-Aristotelians Alasdair MacIntyre and Martha Nussbaum, we claim that humans are story-telling animals who learn from the stories of diverse others. Moral agents use rational emotions, such as compassion which is our focus here, to imaginatively reconstruct others’ thoughts, feelings and goals. In turn, this imaginative reconstruction plays a crucial role in deliberating and discerning how to act. A body of literature has developed in support of the role narrative artworks (i.e. novels and films) can play in allowing us (...) the opportunity to engage imaginatively and sympathetically with diverse characters and scenarios in a safe protected space that is created by the fictional world. By practising what Nussbaum calls a ‘loving attitude’, her version of ethical attention, we can form virtuous habits that lead to phronesis (practical wisdom). In this paper, and taking compassion as an illustrative focus, we examine the ways that students’ moral education might usefully develop from engaging with narrative artworks through Philosophy for Children (P4C), where philosophy is a praxis, conducted in a classroom setting using a Community of Inquiry (CoI). We argue that narrative artworks provide useful stimulus material to engage students, generate student questions, and motivate philosophical dialogue and the formation of good habits which, in turn, supports the argument for philosophy to be taught in schools. (shrink)

Philosophers have rightly condemned lookism—that is, discrimination in favor of attractive people or against unattractive people—in education, the justice system, the workplace and elsewhere. Surprisingly, however, the almost universal preference for attractive romantic and sexual partners has rarely received serious ethical scrutiny. On its face, it’s unclear whether this is a form of discrimination we should reject or tolerate. I consider arguments for both views. On the one hand, a strong case can be made that preferring attractive partners is bad. (...) The idea is that choosing partners based on looks seems essentially similar to other objectionable forms of discrimination. (In particular, the preference for attractive partners is arguably both unfair and harmful to a significant degree.) One can try to resist this conclusion in several ways. I consider three possible replies. The first has to do with the possibility of controlling our partner preferences. The second pertains to attractiveness and “good genes”. The last attempts to link certain aspects of attractiveness to a prospective partner’s personality and values. I argue that the first two replies fail conclusively, while the third only amounts to a limited defense of a particular kind of attractiveness preference. So the idea that we should often avoid preferring attractive partners is compelling. (shrink)

We discuss potential biorisks from large language models (LLMs). AI assistants based on LLMs such as ChatGPT have been shown to significantly reduce barriers to entry for actors wishing to synthesize dangerous, potentially novel pathogens and chemical weapons. The harms from deploying such bioagents could be further magnified by AI-assisted misinformation. We endorse several policy responses to these dangers, including prerelease evaluations of biomedical AIs by subject-matter experts, enhanced surveillance and lab screening procedures, restrictions on AI training data, and access (...) controls on biomedical AI. We conclude with a suggestion about future research directions in bioethics. (shrink)

In this paper I distinguish the category of “rationalization” from various forms of epistemic irrationality. I maintain that only if we model rationalizers as pretenders can we make sense of the rationalizer's distinctive relationship to the evidence in her possession. I contrast the cognitive attitude of the rationalizer with that of believers whose relationship to the evidence I describe as “waffling” or “intransigent”. In the final section of the paper, I compare the rationalizer to the Frankfurtian bullshitter.

The paper looks at the semantics and ontology of dispositions in the light of recent work on the subject. Objections to the simple conditionals apparently entailed by disposition statements are met by replacing them with so-called 'reduction sentences' and some implications of this are explored. The usual distinction between categorical and dispositional properties is criticised and the relation between dispositions and their bases examined. Applying this discussion to two typical cases leads to the conclusion that fragility is not a real (...) property and that, while both temperature and its bases are, this does not generate any problem of overdetermination. (shrink)

Several authors, including Thomas Nagel and David Gauthier, have defended the view that reasons of self-interest (prudential reasons) are rationally binding. That is, there is always a reason, bearing on the rational advisability, based on one's self-interest and, as a result, a person may act irrationally by knowingly acting against such reasons regardless of the person's desires or values. Both Nagel and Gauthier argue from the rationally mandatory nature of prudential reasons to the conclusion that moral reasons can be rationally (...) mandatory, challenging the neo-Humean position that practical reasons that bear on an agent's rationality are essentially grounded on the agent's subjective, contingent, conative states. I argue, pace Nagel and Gauthier, that prudential reasons are not rationally mandatory--that the rational requirement to act in one's own interest, when it exists, is, as the neo-Humean insists, grounded on one's subjective, contingent, conative states. Prudential reasons are not reasons for every (conceivable) agent--not in the sense that bears on the rational advisability of action. (shrink)

The field of AI safety aims to prevent increasingly capable artificially intelligent systems from causing humans harm. Research on moral alignment is widely thought to offer a promising safety strategy: if we can equip AI systems with appropriate ethical rules, according to this line of thought, they'll be unlikely to disempower, destroy or otherwise seriously harm us. Deontological morality looks like a particularly attractive candidate for an alignment target, given its popularity, relative technical tractability and commitment to harm-avoidance principles. I (...) argue that the connection between moral alignment and safe behavior is more tenuous than many have hoped. In general, AI systems can possess either of these properties in the absence of the other, and we should favor safety when the two conflict. In particular, advanced AI systems governed by standard versions of deontology need not be especially safe. (shrink)

This paper will argue that there is no such thing as introspective access to judgments and decisions. I t won't challenge the existence of introspective access to perceptual and imagistic states, nor to emotional feelings and bodily sensations. On the contrary, the model presented in Section 2 presumes such access. Hence introspection is here divided into two categories: introspection of propositional attitude events, on the one hand, and introspection of broadly perceptual events, on the other. I shall assume that the (...) latter exists while arguing that the fonner doesn't . Section I makes some preliminary points and distinctions, and outlines the scope of the argument. Section 2 presents and motivates the general model of introspection that predicts a divided result. Section 3 provides independent evidence for the conclusion that judgments and decisions aren't introspectable. Section 4 then replies to a number of objections to the argument, the most important of which is made from the perspective of so-called "dual systems theories" of belief formation and decision making, The upshot is a limited form of eliminativism about introspection, in respect of at least two core categories of propositional attitude. (shrink)

Susan Schneider (2019) has proposed two new tests for consciousness in AI (artificial intelligence) systems, the AI Consciousness Test and the Chip Test. On their face, the two tests seem to have the virtue of proving satisfactory to a wide range of consciousness theorists holding divergent theoretical positions, rather than narrowly relying on the truth of any particular theory of consciousness. Unfortunately, both tests are undermined in having an ‘audience problem’: Those theorists with the kind of architectural worries that motivate (...) the need for such tests should, on similar grounds, doubt that the tests establish the existence of genuine consciousness in the AI in question. Nonetheless, the proposed tests constitute progress, as they could find use by some theorists holding fitting views about consciousness and perhaps in conjunction with other tests for AI consciousness. (shrink)

This article is a preliminary presentation of conjunctive paraconsistency, the claim that there might be non-explosive true contradictions, but contradictory propositions cannot be considered separately true. In case of true ‘p and not p’, the conjuncts must be held untrue, Simplification fails. The conjunctive approach is dual to non-adjunctive conceptions of inconsistency, informed by the idea that there might be cases in which a proposition is true and its negation is true too, but the conjunction is untrue, Adjunction fails. While (...) non-adjunctivism is a well-known option, the other view is not so much studied nowadays, but it was not unknown in the tradition, and there are some positive suggestions, in recent literature, that the position is plausible and deserves to be developed. The article compares conjunctivism, non-adjunctivism and dialetheism, then focuses on some possible justifications, costs and benefits of the conjunctive view. (shrink)

This is the first chapter to our edited collection of essays on the nature and ethics of blame. In this chapter we introduce the reader to contemporary discussions about blame and its relationship to other issues (e.g. free will and moral responsibility), and we situate the essays in this volume with respect to those discussions.

Multidimensional adjectives are ubiquitous in natural language. An adjective F is multidimensional just in case whether F applies to an object or pair of objects depends on how those objects stand with respect to multiple underlying dimensions of F-ness. Developing a semantics for multidimensional adjectives requires us to address the problem of dimensional aggregation: how do the application conditions of an adjective F in its positive and comparative forms depend on its underlying dimensions? Here we develop a semantics for multidimensional (...) adjectives that incorporates aggregation functions. We then explore an analogy between dimensional aggregation and preference aggregation, bringing results from social choice theory to bear on the number and kind of aggregation functions that are admissible in a context. These results suggest that, for any given adjective, there will often be multiple aggregation functions admissible, meaning that multidimensional comparatives are often vague. (shrink)

Ordinarily, we take moral responsibility to come in degrees. Despite this commonplace, theories of moral responsibility have focused on the minimum threshold conditions under which agents are morally responsible. But this cannot account for our practices of holding agents to be more or less responsible. In this paper we remedy this omission. More specifically, we extend an account of reasons-responsiveness due to John Martin Fischer and Mark Ravizza according to which an agent is morally responsible only if she is appropriately (...) receptive to and reactive to reasons for action. Building on this, we claim that the degree to which an agent is responsible will depend on the degree to which she is able to recognize and react to reasons. To analyze this, we appeal to relations of comparative similarity between possible worlds, arguing that the degree to which an agent is reasons-reactive depends on the nearest possible world in which given sufficient reason to do otherwise, she does so. Similarly, we argue that the degree to which an agent is reasons-receptive will depend on the intelligibility of her patterned recognition of reasons. By extending an account of reasons-responsiveness in these ways, we are able to rationalize our practice of judging people to be more or less responsible. (shrink)

This paper argues that the concept and role of ‘institutional racism’ in contemporary discussions of race should be reconsidered. It starts by distinguishing between ‘intrinsic institutional racism’, which holds that institutions are racist in virtue of their constitutive features, and ‘extrinsic institutional racism’, which holds that institutions are racist in virtue of their negative effects. It accepts intrinsic institutional racism, but argues that a ‘disparate impact’ conception of extrinsic conception faces a number of objections, the most serious being that it (...) has no plausible account of what it is that makes extrinsically racist institutions racist. It also argues that claims about the explanatory indispensability of institutional racism are overstated (individual racism is at least as important), critiques structural approaches to racial inequality, and suggests that there is reason to doubt whether institutional reform can provide us with all that morality may require in the racial domain. (shrink)

This paper is an original attempt to understand the foundations of economic reasoning. It endeavors to rigorously define the relationship between subjective interpretations and objective valuations of such interpretations in the context of theoretical economics. This analysis is substantially expanded through a dynamic approach, where the truth of a valuation results in an updated interpretation or changes in the agent's subjective belief regarding the effectiveness of the selected action as well as the objective reality of the effectiveness of all other (...) possible actions (i.e. consequence realization). Complications arise when the economic agent is presented with a set of actions that render ambiguous preference, or when the effectiveness of an action cannot be perceived upon its selection, thereby necessitating a different theory of choice and consequence realization. (shrink)

This paper rigorously examines the primitive foundations of economic reasoning through an original framework based on symbolic logic. Extending previous work, it formalizes economic conceptions (\(\mathbb{C}\)), symbols (\(s_i\)), and introduces a structured language (\(\mathcal{L_{\mathbb{C}}}\)) to define their formation and interpretation. Organized as a continuous chain of declarations and illustrations, the paper offers a concise, systematic approach to understanding the philosophy of economic reasoning through formal representations.

In this paper, I develop and defend a new adverbial theory of perception. I first present a semantics for direct-object perceptual reports that treats their object positions as supplying adverbial modifiers, and I show how this semantics definitively solves the many-property problem for adverbialism. My solution is distinctive in that it articulates adverbialism from within a well-established formal semantic framework and ties adverbialism to a plausible semantics for perceptual reports in English. I then go on to present adverbialism as a (...) theory of the metaphysics of perception. The metaphysics I develop treats adverbial perception as a directed activity: it is an activity with success conditions. When perception is successful, the agent bears a relation to a concrete particular, but perception need not be successful; this allows perception to be fundamentally non-relational. The result is a novel formulation of adverbialism that eliminates the need for representational contents, but also treats successful and unsuccessful perceptual events as having a fundamental common factor. (shrink)

The relationship between economics and the philosophy of natural science has changed substantially during the last few years. What was once exclusively a one-way relationship from philosophy to economics now seems to be much closer to bilateral exchange. The purpose of this paper is to examine this new relationship. First, I document the change. Second, I examine the situation within contemporary philosophy of science in order to explain why economics might have its current appeal. Third, I consider some of the (...) issues that might jeopardize the success of this philosophical project. (shrink)

Dictionary entry on Jacques Derrida's relation to Judaism.

In recent years, Duncan Pritchard has developed a position in religious epistemology called quasi‐fideism that he claims traces back to John Henry Newman's treatment of the rationality of religious belief. In this paper, we give three reasons to think that Pritchard's reading of Newman as a quasi‐fideist is mistaken. First, Newman's parity argument does not claim that religious and non‐religious beliefs are on a par because both are groundless; instead, for Newman, they are on a par because both often stem (...) from implicit rather than explicit reasoning. Second, pace Pritchard, Newman's distinction between simple and complex assent does not map onto the Wittgensteinian distinction between groundless hinge commitments and beliefs that flow from these hinges. For Newman, simple and complex assent differ in terms of the believer's level of awareness of their grounds. Third, and finally, Newman does not reject Locke's evidentialism in toto. Instead, he argues that certitude is not restricted to beliefs stemming from intuition and demonstration but often rightly includes probabilistically supported (or fallibly evidenced) beliefs. (shrink)

This article discusses the adequacy of Rawls’ theory of justice as a tool for racial justice. It is argued that critics like Charles W Mills fail to appreciate both the insights and limits of the Rawlsian framework. The article has two main parts spread out over several different sections. The first is concerned with whether the Rawlsian framework suffices to prevent racial injustice. It is argued that there are reasons to doubt whether it does. The second part is concerned with (...) whether a Rawlsian framework has the resources to rectify past racial injustice. It is argued that it has more resources to do this than Mills allows. This second part of the article centers on two Rawlsian ideas: ideal theory and the fair equality of opportunity principle. It is argued that ideal theory is essential for the kind of rectificatory work that Mills wants nonideal theory to do, and that where there is a socioeconomic legacy of past injustice, it is hard to see how FEO could be implemented if it did no rectificatory work, a result which means that there is less need to turn to nonideal theory at all. (shrink)

Psychopaths routinely disregard social norms by engaging in selfish, antisocial, often violent behavior. Commonly characterized as mentally disordered, recent evidence suggests that psychopaths are executing a well-functioning, if unscrupulous strategy that historically increased reproductive success at the expense of others. Natural selection ought to have favored strategies that spared close kin from harm, however, because actions affecting the fitness of genetic relatives contribute to an individual’s inclusive fitness. Conversely, there is evidence that mental disorders can disrupt psychological mechanisms designed to (...) protect relatives. Thus, mental disorder and adaptation accounts of psychopathy generate opposing hypotheses: psychopathy should be associated with an increase in the victimization of kin in the former account but not in the latter. Contrary to the mental disorder hypothesis, we show here in a sample of 289 violent offenders that variation in psychopathy predicts a decrease in the genetic relatedness of victims to offenders; that is, psychopathy predicts an increased likelihood of harming non-relatives. Because nepotistic inhibition in violence may be caused by dispersal or kin discrimination, we examined the effects of psychopathy on (1) the dispersal of offenders and their kin and (2) sexual assault frequency (as a window on kin discrimination). Although psychopathy was negatively associated with coresidence with kin and positively associated with the commission of sexual assault, it remained negatively associated with the genetic relatedness of victims to offenders after removing cases of offenders who had coresided with kin and cases of sexual assault from the analyses. These results stand in contrast to models positing psychopathy as a pathology, and provide support for the hypothesis that psychopathy reflects an evolutionary strategy largely favoring the exploitation of non-relatives. (shrink)

Vendler’s :161–173, 1979) puzzle about imagination is that the sentences ‘Imagine swimming in that water’ and ‘Imagine yourself swimming in that water’ seem at once semantically different and semantically the same. They seem semantically different, since the first requires you to imagine ’from the inside’, while the second allows you to imagine ’from the outside.’ They seem semantically the same, since despite superficial dissimilarity, there is good reason to think that they are syntactically and lexically identical. This paper sets out (...) the puzzle and offers a novel solution. Our proposal is that, just as there is knowledge-wh, there is also imagining-wh and that the inside/outside distinction Vendler points to is properly understood as a distinction within imagining-wh. In particular, to imagine swimming from the inside is to imagine what it feels like to swim, while to imagine swimming from the outside is to imagine what it looks like to swim. We show that this proposal is well grounded in both the semantics and syntax of ‘imagine.’ We also argue it makes better sense than its rivals of the data Vendler found so puzzling. (shrink)