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)

Political liberals assume an accessibility requirement, which means that, for ensuring civic respect and non-manipulation, public officials should offer accessible reasons during political advocacy. Recently, critics have offered two arguments to show that the accessibility requirement is unnecessary. The first is the pluralism argument: Given the pluralism in evaluative standards, when officials offer non-accessible reasons, they are not disrespectful because they may merely try to reveal their strongest reason. The second is the honesty argument: As long as officials honestly confess (...) their beliefs after offering non-accessible reasons, disrespect and non-manipulation do not occur. This paper defends the accessibility requirement and asserts that these two arguments overlook a unique feature of the political domain. While all citizens collectively own political power as a corporate body, an official does not privately own her political power. Instead, she is a trustee who has a duty to act on behalf of the corporate body, that is, she has to make decisions on grounds that are accessible to others. This duty explains why, despite pluralism, the accessibility requirement is necessary. Moreover, given that political decisions are profoundly influential to each person, requiring people to be honest is ineffective in discouraging disrespectful and manipulative acts. (shrink)

Contractualism is a normative theory which characterizes principles of right in terms of the idea of mutual respect. In this theory, mutual respect is regarded as having deliberative priority over other values. This essay aims to examine how contractualists can provide a satisfactory justification for prioritizing mutual respect. I will argue that the ‘value of mutual respect argument,’ which is a justification commonly adopted by contractualists, is inadequate because an unconditional priority of mutual respect cannot be grounded on the desirability (...) of a relationship of mutual respect. Then I will suggest that a ‘consistency argument’ can provide a better justification of why the idea of mutual respect should have priority. Mutual respect is of special importance, not because it is highly desirable, but rather because it is required by an a priori guiding principle of consistency. Individuals become inconsistent if they ask others to respect them as reason-assessing individuals, while at the same time refusing to respect others in the same way. (shrink)

Clayton and Stevens argue that political liberals should engage with the religiously unreasonable by offering religious responses and showing that their religious views are mistaken, instead of refusing to engage with them. Yet they recognize that political liberals will face a dilemma due to such religious responses: either their responses will alienate certain reasonable citizens, or their engagements will appear disingenuous. Thus, there should be a division of justificatory labour. The duty of engagement should be delegated to religious citizens. In (...) this comment, I will argue that the division of justificatory labour is indefensible. This dilemma can be avoided if politicians and political philosophers correctly use conjecture, a form of discourse that involves non-public reason. As a conditional response, conjecture avoids alienating any reasonable citizens. Also, if conjecture is given in a sincere and open-minded manner, then the problem of disingenuousness can be overcome. My comment concludes that while the engagement of politicians and political philosophers does not necessarily jeopardize overlapping consensus, they should be permitted, or perhaps even required, to engage with the religiously unreasonable due to the natural duty of justice. (shrink)

In Public Reason Confucianism, Kim Sungmoon presents a perfectionist theory that is based on a partially comprehensive Confucian doctrine but is non-sectarian, since the doctrine is widely shared in East Asian societies. Despite its attractiveness, I argue that this project, unfortunately, fails because it is still vulnerable to the sectarian critique. The blurred distinction between partially and fully comprehensive doctrines will create a loophole problem. Sectarian laws and policies may gain legitimacy that they do not deserve. I further defend political (...) Confucianism, which is regarded by Kim as an inadequately intelligible form of Confucianism. Kim assumes a too narrow understanding of intelligibility. Although political Confucianism may not be politically intelligible, it is civically intelligible, i.e. it is culturally intelligibly different from other political theories in terms of its implications in citizens’ actions in civil society. In light of civic intelligibility, the distinctiveness of political Confucianism should not be underestimated. (shrink)

Nihilism, Nietzsche and the Doppelganger Problem Was Nietzsche a nihilist? Yes, because, like J. L. Mackie, he was an error-theorist about morality, including the elitist morality to which he himself subscribed. But he was variously a diagnostician, an opponent and a survivor of certain other kinds of nihilism. Schacht argues that Nietzsche cannot have been an error theorist, since meta-ethical nihilism is inconsistent with the moral commitment that Nietzsche displayed. Schacht’s exegetical argument parallels the substantive argument (advocated in recent years (...) by Wright and Blackburn) that Mackie’s error theory can’t be true because if it were, we would have to give up morality or give up moralizing. I answer this argument with a little bit of help from Nietzsche. I then pose a problem, the Doppelganger Problem, for the meta-ethical nihilism that I attribute to Mackie and Nietzsche. (If A is a moral proposition then not-A is a moral proposition: hence not all moral propositions can be false.) I solve the problem by reformulating the error theory and also deal with a variant of the problem, the Reinforced Doppelganger, glancing at a famous paper of Ronald Dworkin’s. Thus, whatever its demerits, the error theory, is not self-refuting, nor does it require us to give up morality. (shrink)

Trope theory is a leading metaphysical theory in analytic ontology. One of its classic statements is found in the work of Donald C. Williams who argued that tropes qua abstract particulars are the very alphabet of being. The concept of an abstract particular has been repeatedly attacked in the literature. Opponents and proponents of trope theory alike have levelled their criticisms at the abstractness of tropes and the associated act of abstraction. In this paper I defend the concept of a (...) trope qua abstract particular by rejecting arguments that purport to show that tropes should not be understood as abstract and by arguing that the abstractness of tropes plays an indispensable role in one of our more promising trope-theoretic analyses of universals and of concrete objects. (shrink)

In a well-ordered society, democratic officials face an assurance problem. They want to ensure that others will act reasonably when they do the same. According to political liberals, public reason can solve this problem, but the details of how assurance is generated are unclear. This article explains the assurance mechanism in political liberalism. Apart from public reason, mutual assurance is also provided by a long-term record of civic deeds. By performing civic deeds over time, officials signal their reasonableness to each (...) other. This record of civic deeds is costly to unreasonable officials and thus represents a reliable way to differentiate trustworthy fellows from others. The article also shows that a recent critique of political liberalism, which argues that public reason is merely cheap talk and thus political liberalism fails to provide mutual assurance, misses the point. It overlooks that assurance is created through talks and deeds together. (shrink)

The relationship between animal rights and contractarian theories of justice such as that of Rawls has long been vexed. In this article, I contribute to the debate over the possibility of inclusion of animals in Rawls’s theory of justice by critiquing the rationale he gives for their omission: that they do not possess moral personality. Contrary to Rawls’s assumptions, it appears that some animals may possess the moral powers that comprise moral personality, albeit to a lesser extent than most humans. (...) Some animals can act in pursuit of preferences and desires (and communicate them non-verbally), which might be taken as implicitly selecting a conception of the good; further, scientific research demonstrating inequity aversion and social play behaviors suggests that some animals can have a sense of justice relating to their own social groups. I conclude that Rawls’s theory needs to acknowledge any animals that can be considered to meet the threshold of moral personality, while the concept of moral personality as a range property may also require reconsideration. (shrink)

An interview exploring the complexity of contemporary French philosophical atheism, in the light of Difficult Atheism: Post-Theological Thinking in Badiou, Nancy and Meillassoux (Edinburgh UP, 2011).

In most of the introductions to Rawls and contemporary contractarianism, Rawls is seen as the representative of Kantian contractarianism. He is understood as inheriting a contractarian tradition that can be traced back to Kant and which has inspired followers such as Barry and Scanlon. This paper argues that the label does not fit Rawls. While a Kantian contractarian would presuppose a monistic conception of practical reason, Rawls is a hybrid contractarian who presupposes a dual conception. I shall first argue that (...) the way in which a contractarian model is labeled is determined by its conception of practical reason. Then I show that Rawls and Kantian contractarians assume different conceptions of practical reason, and therefore should be seen as belonging to two strands of thought. I further argue that, although Rawls acknowledges his intellectual affiliation with Kant, he cannot be considered a Kantian contractarian in the commonly understood way. In his Lectures on the History of Moral Philosophy, Rawls interprets Kant as endorsing a hybrid contractarian model that is similar to his. By understanding Rawls as a hybrid contractarian and not confusing his philosophical project with that of Kantian contractarians, Rawls’s contribution to the history of contractarianism can be better evaluated. (shrink)

This paper is a critique of coercive theories of meaning, that is, theories (or criteria) of meaning designed to do down ones opponents by representing their views as meaningless or unintelligible. Many philosophers from Hobbes through Berkeley and Hume to the pragmatists, the logical positivists and (above all) Wittgenstein have devised such theories and criteria in order to discredit their opponents. I argue 1) that such theories and criteria are morally obnoxious, a) because they smack of the totalitarian linguistic tactics (...) of the Party in Orwell’s 1984 and b) because they dehumanize the opposition by portraying them as mere spouters of gibberish; 2) that they are profoundly illiberal since if true, they would undermine Mill’s arguments for free speech; 3) that such theories are prone to self-contradiction, pragmatic and otherwise; 4) that they often turn against their creators including what they were meant to exclude and excluding what they were meant to include; 5) that such theories are susceptible to a modus tollens pioneered by Richard Price in his Review Concerning the Principle Questions of Morals(1758); and 6) that such theories are prima facie false since they fail to ‘predict’ the data that is it their business to explain (or, in the case of criteria, fail to capture the concept that they allegedly represent). The butcher’s bill is quite considerable: some of Hobbes, a fair bit of Locke, half of Berkeley, large chunks of Hume, Russell's Theory of Types, verificationism in its positivist and Dummettian variants, much of pragmatism and most of Wittgenstein - all these have to be sacrificed if we are to save our souls as philosophic liberals. (shrink)

This paper deals with what I take to be one woman’s literary response to a philosophical problem. The woman is Jane Austen, the problem is the rationality of Hume’s ‘sensible knave’, and Austen’s response is to deepen the problem. Despite his enthusiasm for virtue, Hume reluctantly concedes in the EPM that injustice can be a rational strategy for ‘sensible knaves’, intelligent but selfish agents who feel no aversion towards thoughts of villainy or baseness. Austen agrees, but adds that ABSENT CONSIDERATIONS (...) OF A FUTURE STATE, other vices besides injustice can be rationally indulged with tolerable prospects of worldly happiness. Austen’s creation Mr Elliot in Persuasion is just such an agent – sensible and knavish but not technically ‘unjust’. Despite and partly because of his vices – ingratitude, avarice and duplicity – he manages to be both successful and reasonably happy. There are plenty of other reasonably happy knaves in Jane Austen, some of whom are not particularly sensible. This is not to say that either Austen or Hume is in favor of knavery It is just that they both think that only those with the right sensibility can be argued out of it. (shrink)

Hume is widely regarded as the grandfather of emotivism and indeed of non-cognitivism in general. For the chief argument for emotivism - the Argument from Motivation - is derived from him. In my opinion Hume was not an emotivist or proto-emotivist but a moral realist in the modern ‘response-dependent’ style. But my interest in this paper is not the historical Hume but the Hume of legend since the legendary Hume is one of the most influential philosophers of the present age. (...) According to Michael Smith ‘the Moral Problem’ – the central issue in meta-ethics - is that the premises of Hume’s argument appear to be true though the non-cognitivist conclusion appears to be false. Since the argument seems to be valid, something has got to give. Smith struggles to solve the problem by holding on to something like the premises of the argument whilst trying to fend off the conclusion. In my view this is a wasted effort. Hume was not arguing for non-cognitivsm in the first place, and the arguments for non-cognitivism that can be extracted from his writings are no good. Either the premises are false or the inferences are invalid. And this is despite the fact that Hume was substantially right about reason and the passions. Thus ‘the Moral Problem’ is not a problem, and the legendary Hume does not deserve his influence. -/- An important theme in this paper is the concept of a DTAD or a dispositions to acquire desires. These play an important role in motivation but unlike desires (with which they are sometimes confused ) they are NOT propositional attitudes. (shrink)

In this essay, I will suggest ways of improving on Davidson’s conception of the explanatory autonomy of folk psychological explanations. For that purpose, I will appeal to insights from the recent theory of mind debate emphasizing the centrality of various forms of empathy for our understanding of another person’s mindedness. While I will argue that we need to abandon Davidson’s position of anomalous monism, I will also show that my account is fully compatible with Davidson’s non-reductive and interpretationist account of (...) meaning and mental content. Indeed, my account does more justice to the empathic capacities underlying our interpretive capacities, which Davidson himself has to acknowledge in thinking about the constitutive features of thought and meaning. More specifically, I will propose a new way of philosophically safeguarding the causal-explanatory autonomy of our ordinary action explanations by showing how our empathic capacities are involved in epistemically delineating the domain of rational agency. (shrink)

Enrique Dussel and John Dewey share commitments to philosophical theory and practice aimed at addressing human problems, democratic modes of inquiry, and progressive social reform, but also maintain productive differences in their fundamental starting point for political philosophy and their use of the social sciences. Dussel provides a corrective to Dewey’s Eurocentrism and to his tendency to underplay the challenges of incorporating marginalized populations by insisting that social and political philosophy begin from the perspective of the marginalized and excluded. Simultaneously, (...) Dewey encourages a modest experimental and fallibilist approach to social transformation that promises more feasible social reforms than Dussel’s approach rooted in phenomenology and the critical social sciences. (shrink)

Public attitudes concerning cognitive enhancements are significant for a number of reasons. They tell us about how socially acceptable these emerging technologies are considered to be, but they also provide a window into the ethical reasons that are likely to get traction in the ongoing debates about them. We thus see Conrad et al’s project of empirically investigating the effect of metaphors and context in shaping attitudes about cognitive enhancements as both interesting and important. We sketch what we suspect is (...) a central theme that runs through these public attitudes, but that Conrad el al’s paper elides. We were disappointed that they did not more directly explore the efficacy of frames and metaphors associated with the values of authenticity and self-expression. This seems like a missed opportunity. Based on the premise that individualistic values enjoy centrality in Western and especially North American culture (e.g. Taylor 1989), we hypothesize that metaphors and frames informed by those values will be especially effective in shaping public attitudes. That is, when various kinds of novel enhancement are described as allowing people to more fully express themselves, or as helping people overcome obstacles to being authentic and true to their inner sense of themselves, those enhancements will be considered justified, and their use more likely to be viewed as socially acceptable by the public. We support our contention by drawing on work by Elliott (2004, 2011, c.f. Kadlac 2018), and discuss how this study, and others modeled on it, might shed light on our hypothesis. (shrink)

R&D collaborations between industry, government, civil society, and research (also known as ‘quadruple helix collaborations’ (QHCs)) have recently gained attention from R&D theorists and practitioners. In aiming to come to grips with their complexity, past models have generally taken a stakeholder-analytical approach based on stakeholder types. Yet stakeholder types are difficult to operationalise. We therefore argue that a processual model is more suited for studying the interaction in QHCs because it eschews matters of titles and identities. We develop such a (...) model in which the QHC is represented as a process of generating four types of value: research value, market value, political value, and societal value. We then apply this processual model in analysing reallife cases of friction in QHCs. Friction is seen, not as an interpersonal clash, but as a discrepancy between two or more value-creation processes that compete for limited resources (some overperforming while others under-performing). (shrink)

New Atheists and Anti-Theists (such as Richard Dawkins, Daniel Dennett, Sam Harris, Christopher Hutchins) affirm that there is a strong connection between being a traditional theist and being a religious fundamentalist who advocates violence, terrorism, and war. They are especially critical of Islam. On the contrary, I argue that, when correctly understood, religious dogmatic belief, present in Judaism, Christianity, and Islam, is progressive and open to internal and external criticism and revision. Moreover, acknowledging that human knowledge is finite and that (...) humans are fallible and have much to learn, dogmatic religious believers accept that they ought to value and seek to acquire moral and intellectual virtues, including the virtues of temperance and reasonability. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

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

This reply to an ongoing debate between conspiracy theory researchers from different disciplines exposes the conceptual confusions that underlie some of the disagreements in conspiracy theory research. Reconciling these conceptual confusions is important because conspiracy theories are a multidisciplinary topic and a profound understanding of them requires integrative insights from different fields. Specifically, we distinguish research focussing on conspiracy *theories* (and theorizing) from research of conspiracy *belief* (and mindset, theorists) and explain how particularism with regards to conspiracy theories does not (...) mean we cannot define a problematic subclass of conspiracy beliefs, while avoiding the problems of generalism. We hope this reply helps conspiracy theory researchers recognize the differences between studying conspiracy theories and conspiracy beliefs and appreciate the possibilities for fruitful, integrative, and interdisciplinary research. (shrink)

This paper proposes a philosophically informed decision-making methodology, inspired by Aristotle, that encourages constructive discussions amongst employers and employees; is directed towards shared higher-level goals; is consistent with planning frameworks already in place in many businesses; can be amended over time without disruptive disputes; and accounts for the particularities of each industry, enterprise, workplace, and job. It seeks to establish a more fundamental basis for discussions about remote vs. in-person office work: specifically, the purpose and nature of the work of (...) those affected. If these matters can be decided, then subsequent discussions might be focused more upon the shared outcomes to which stakeholders are committed and less upon individual preferences and ‘hunches.’. (shrink)

The potential for Large Language Models (LLMs) to attain technological singularity—the point at which artificial intelligence (AI) surpasses human intellect and autonomously improves itself—is a critical concern in AI research. This paper explores the feasibility of current LLMs achieving singularity by examining the philosophical and practical requirements for such a development. We begin with a historical overview of AI and intelligence amplification, tracing the evolution of LLMs from their origins to state-of-the-art models. We then proposes a theoretical framework to assess (...) whether existing LLM technologies could satisfy the conditions for singularity, with a focus on Recursive Self-Improvement (RSI) and autonomous code generation. We integrate key component technologies, such as Reinforcement Learning from Human Feedback (RLHF) and Direct Preference Optimization (DPO), into our analysis, illustrating how these could enable LLMs to independently enhance their reasoning and problem-solving capabilities. By mapping out a potential singularity model lifecycle and examining the dynamics of exponential growth models, we elucidate the conditions under which LLMs might self-replicate and rapidly escalate their intelligence. We conclude with a discussion of the ethical and safety implications of such developments, underscoring the need for responsible and controlled advancement in AI research to mitigate existential risks. Our work aims to contribute to the ongoing dialogue on the future of AI and the critical importance of proactive measures to ensure its beneficial development. (shrink)

This book delves into esoteric knowledge, describing the structure of the universe (Brahmanda or Cosmic Egg) as a series of astral biospheres. These biospheres, or lokas, are linked to spiritual consciousness and degrees of divine bliss (Ananda). Advanced spiritual figures, such as Rishis and Mahatmas, can navigate these realms and help others evolve. The article presents a detailed comparison between “Puranic Hinduism” and “Sanatana Dharma”, specifically addressing their differences in cosmogenesis and spiritual evolution. The difference between the cosmogenesis of Puranic (...) Hinduism and Sanatana Dharma is that while the former is founded on the concept of Trimurti as taught by the Puranas, the latter is a Manu-centric and Guru-centric spiritual system. This has a lot of significance concerning the rituals and the social order they have produced. Here, the Cosmic Purusha is identifiable with Manu, not with Trimurti or the God of Abrahamic religions, because of their different spiritual status in the cosmological hierarchy. (shrink)

This paper explores the philosophical question of whether a meaningful difference exists between living in a simulation and living in what we call “reality.” Drawing from the simulation hypothesis and discussions of consciousness and subjective experience, the investigation considers whether the subjective experiences of a simulated entity could be indistinguishable from those of a human being. The central argument is that while metaphysical differences between simulation and reality exist, from the standpoint of subjective experience, the distinction may be inconsequential. We (...) examine the implications of this idea for personal identity, free will, and the authenticity of experience. The paper concludes that, although important philosophical differences exist between simulation and reality, subjective experience and the sense of self may remain fundamentally the same in both scenarios. (shrink)

The exploration of the mind is a fundamental pursuit spanning philosophy and psychology, with implications reaching into diverse practical realms. This paper delves into the intricacies of mental states, examining historical perspectives from ancient philosophers to modern theorists. Philosophical inquiries into intentionality, consciousness, and the nature of mental phenomena are scrutinized, alongside empirical investigations by psychologists. The discourse navigates through contrasting theories such as dualism, materialism, and functionalism, shedding light on the challenges of reconciling subjective experiences with objective observations. The (...) problem of other minds and the tension between internalism and externalism are dissected, revealing the complex interplay between individual cognition and external influences. Ultimately, this analysis underscores the intricate nature of philosophical inquiries into consciousness and the mind. (shrink)

The subject of analysis for this essay is the leanness of the concept of pride and humility and the argument that each of these extremes create imbalance and stifle identity. Humility involves a feeling of low self-worth in order to seek the approval of others and leads to blurring of personal identity, whereas arrogance, results in paranoia, which denies the individual contact and flexibility. Based on the flow and change (Pallas), on the one hand, and the Taoist concept of Laozi (...) on the other hand, the essay developed the notion of fluidity for being an individual. A fluid individual is neither rigidly defined by humbleness, nor is having to deal with arrogance, but rather can balance between the two in certain context and/or role and at the same time be genuine. This framework can provide a fair approach regarding the issue of autonomy and richness of the individual’s self-fulfilment. (shrink)

World Mental Health Day serves as a timely reminder of the need to recognize and prioritize mental well-being amidst the growing complexities of modern life. Despite advancements in technology that have created comfort and convenience, these external developments often overshadow our inner well-being, leading to a neglect of mental health. This letter underscores the importance of nurturing our mental and emotional states, which serve as the foundation for overall health and a harmonious existence. Acknowledging the interplay between technology, distraction, and (...) mental stability is crucial in redefining what it means to lead a balanced life today. -/- . (shrink)

Near the end of December 2019, the globe was hit with a major crisis, which is nothing but the coronavirusbased pandemic. The authorities at the train station should also keep in mind the need to limit the spread of the covid virus in the event of a global pandemic. When it comes to controlling the COVID-19 epidemic, public transportation facilities like train stations play a pivotal role because of the proximity of so many people who may be exposed to the (...) virus. Using common place CCTV cameras and deep learning with simple online and real-time (DeepSORT) methods, this study develops social distance monitoring using a YOLOv4 identification of a Surveillance Object Model. Based on experiments conducted with a minicomputer equipped with an Intel 11th Gen Intel(R) Core(TM) i3-1115G4 at 3.00GHz, 2995 Mhz, two Core(s), four Logical processor, four gigabytes of random-access memory (RAM), this paper makes use of CCTV surveillance, which was put into practice at the Guindy railway station, Chennai, Tamilnadu in India in order to detect the violation of social distancing. (shrink)

This paper aims to reveal the point of contact between modern science and ancient Indian philosophy, namely quantum mechanics and Advaita Vedanta and Sunyavada in particular. Modern quantum research discloses the essential characteristics of quantum mechanics that disprove classical determinism and find out the relations between energy, entropy, and observations, wave-particle duality, and entanglement. These ideas have some similarity with Advaita Vedanta’s non-dualism (Maya) and Buddhism’s relational existence (Sunyavada) yet there lacks investigation of how either paradigms interface to develop their (...) conceptual epistemology and ontological nexus. This paper recognises the issue of the bridging of these two perspectives, suggests Energetic Relational Ontology as a solution, and presents a new concept, Quantum-Metaphysical Cohesion, through which energy, consciousness and reality can be seen as one. (shrink)

Small MGS (microgrid systems) are capable of decreasing energy losses. Long-distance power transmission lines are constructed by integrating distributed power sources with energy storage subsystems, which is the current trend in the development of RES (renewable energy sources). Although energies produced by RES do not cause pollution, they are stochastic and hence challenging to manage. This disadvantage makes high penetration of RES risky for the stability, dependability, and power quality of main electrical grids. The energies obtained from RES must thus (...) be integrated in the best possible way. To provide maximum energy sustainability and best energy usage, hybrid energy systems must manage energy efficiently. In order to improve power management and make better use of RES, this study offers a hybrid energy power management controller based on hybrid MABC (modified artificial bee colony) and ANN (artificial neural network) for MGS, PVS (photovoltaic system), and WT (wind turbine). Controlling power flows between grids and energy sources is the suggested approach for power control. D/R (demands/responses), customer reactions, offering priorities, D/R properties like COE (cost of energies), and sizes (lengths) are considered in this work. Along with current techniques, a suggested model is implemented in the MATLAB/Simulink platform. (shrink)

The role of intuition in Kant’s account of experience receives perennial philosophical attention. In this essay, I present the textual case that Kant also makes extensive reference to what he terms “images” that are generated by the imagination. Beyond this, as I argue, images are fundamentally distinct from empirical and pure intuitions. Images and empirical intuitions differ in how they relate to sensation, and all images (even “pure images”) actually depend on pure intuitions. Moreover, all images differ from intuitions in (...) their structure or format. I then turn to a question that naturally arises on the resulting view: if the imagination produces images, and if images are fundamentally distinct from intuitions, then how do intuitions relate to the imagination? I outline reasons for thinking that intuitions and their essential features do not depend on the imagination at all. Though this essay does not decisively argue for this thesis, the resulting view provides a clear account of the distinction between the senses and the imagination in Kant’s theory of sensibility. (shrink)

l. There is an antinomy in Hare's thought between Ought-Implies-Can and No-Indicatives-from-Imperatives. It cannot be resolved by drawing a distinction between implication and entailment. 2. Luther resolved this antinomy in the l6th century, but to understand his solution, we need to understand his problem. He thought the necessity of Divine foreknowledge removed contingency from human acts, thus making it impossible for sinners to do otherwise than sin. 3. Erasmus objected (on behalf of Free Will) that this violates Ought-Implies-Can which he (...) supported with Hare-style ordinary language arguments. 4. Luther a) pointed out the antinomy and b) resolved it by undermining the prescriptivist arguments for Ought-Implies-Can. 5. We can reinforce Luther's argument with an example due to David Lewis. 6. Whatever its merits as a moral principle, Ought-Implies-Can is not a logical truth and should not be included in deontic logics. Most deontic logics, and maybe the discipline itself, should therefore be abandoned. 7. Could it be that Ought-Conversationally-Implies-Can? Yes - in some contexts. But a) even if these contexts are central to the evolution of Ought, the implication is not built into the semantics of the word; b) nor is the parallel implication built into the semantics of orders; and c) in some cases Ought conversationally implies Can, only because Ought-Implies-Can is a background moral belief. d) Points a) and b) suggest a criticism of prescriptivism - that Oughts do not entail imperatives but that the relation is one of conversational implicature. 8. If Ought-Implies-Can is treated as a moral principle, Erasmus' argument for Free Will can be revived (given his Christian assumptions). But it does not 'prove' Pelagianism as Luther supposed. A semi-Pelagian alternative is available. (shrink)

The COVID-19 outbreak has had a significant influence on the health of people all across the world, and preventing its further spread requires an early and correct diagnosis. Imaging using X-rays is often used to identify respiratory disorders like COVID-19, and approaches based on machine learning may be used to automate the diagnostic process. In this research, we present a deep learning approach for COVID-19 identification in X-ray pictures utilizing global thresholding. Our framework consists of two main components: (1) global (...) thresholding to preprocess X-ray images and extract features, and (2) a Convolutional Neural Network (CNN) for classifying the images as positive (indicating COVID-19) or negative (indicating no COVID-19). Global thresholding is used to convert X-ray images into binary images, which can highlight the features of interest, such as lung opacity. The Network is instructed to use a dataset consisting of X-ray pictures that have been labeled with the COVID-19 status of each image. The usefulness of our approach was shown by experimental findings obtained using a dataset of X-ray pictures that were made accessible to the public. We achieve high accuracy in COVID-19 detection, outperforming traditional machine learning techniques. Our framework is also able to correctly identify COVID-19 in images that were misclassified by human experts. (shrink)

The thesis of this article is that there has never been any ground for the controversy between the doctrine of free will and determinism, that it is based upon a misapprehension, that the two assertions are entirely consistent, that one of them strictly implies the other, that they have been opposed only because of our natural want of the analytical imagination. In so saying I do not tamper with the meaning of either phrase. That would be unpardonable. I mean free (...) will in the natural and usual sense, in the fullest, the most absolute sense in which for the purposes of the personal and moral life the term is ever employed. I mean it as implying responsibility, merit and demerit, guilt and desert. I mean it as implying, after an act has been performed, that one " could have done otherwise " than one did. I mean it as conveying these things also, not in any subtly modified sense but in exactly the sense in which we conceive them in life and in law and in ethics. These two doctrines have been opposed because we have not realised that free will can be analysed without being destroyed, and that determinism is merely a feature of the analysis of it. And if we are tempted to take refuge in the thought of an "ultimate ", an "innermost" liberty that eludes the analysis, then we have implied a deterministic basis and constitution for this liberty as well. For such a basis and constitution lie in the idea of liberty. -/- The thesis is not, like that of Green or Bradley, that the contending opinions are reconciled if we adopt a certain metaphysic of the ego, as that it is timeless, and identifies itself with a desire by a " timeless act". This is to say that the two are irreconcilable, as they are popularly supposed to be, except by a theory that delivers us from the conflict by taking us out of time. Our view on the contrary is that from the natural and temporal point of view itself there never was any need of a reconciliation but only of a comprehension of the meaning of terms. (The metaphysical nature of the self and its identity through time is a problem for all who confront memory, anticipation, etc.; it has no peculiar difficulties arising from the present problem.) -/- I am not maintaining that determinism is true; only that it is true insofar as we have free will. That we are free in willing is, broadly speaking, a fact of experience. That broad fact is more assured than any philosophical analysis. It is therefore surer than the deterministic analysis of it, entirely adequate as that in the end appears to be. But it is not here affirmed that there are no small exceptions, no slight undetermined swervings, no ingredient of absolute chance. All that is here said is that such absence of determination, if and so far as it exists, is no gain to freedom, but sheer loss of it; no advantage to the moral life, but blank subtraction from it. -- When I speak below of "the indeterminist" I mean the libertarian indeterminist, that is, him who believes in free will and holds that it involves indetermination. (shrink)

Practical reason is the general human capacity for resolving, through reflection, the question of what one is to do. Deliberation of this kind is practical in at least two senses. First, it is practical in its subject matter, insofar as it is concerned with action. But it is also practical in its consequences or its issue, insofar as reflection about action itself directly moves people to act. Our capacity for deliberative self-determination raises two sets of philosophical problems. For one thing, (...) there are questions about how deliberation can succeed in being practical in its issue. What do we need to assume—both about agents and about the processes of reasoning they engage in—to make sense of the fact that deliberative reflection can directly give rise to action? Can we do justice to this dimension of practical reason while preserving the idea that practical deliberation is genuinely a form of reasoning? For another, there are large issues concerning the content of the standards that are brought to bear in practical reasoning. Which norms for the assessment of action are binding on us as deliberating agents? Do these norms provide resources for critical reflection about our ends, or are they exclusively instrumental? Under what conditions do moral norms yield valid standards for reasoning about action? The first set of issues is addressed in sections §§1–3 of the present article, while sections §§4–6 cover the second set of issues. (shrink)

Experimental philosophers track folk intuitions better than armchair reflection. Yet, many of them are stuck in a controversy: on the one hand they have vividly shown how untrustworthy intuition is. On the other, they depend all their theorising on the intuitions recorded. If intuition is unreliable, though, why does it make it bet- ter to rely on the intuitions of the many? A mistake is not less a mistake if made by many.

Coronavirus disease has a crisis with high spread throughout the world during the COVID19 pandemic period. This disease can be easily spread to a group of people and increase the spread. Since it is a worldly disease and not plenty of vaccines available, social distancing is the only best approach to defend against the pandemic situation. All the affected countries' governments declared locked-down to implement social distancing. This social separation and persons not being in a mass group can slow down (...) the spread of COVID19. It reduces the physical contact between infected persons and normal healthy persons. Almost every health organization tells that to follow social distancing people should maintain at least 6 feet of distance from each other. This research proposes a deep learning approach for social distancing which is developed for tracking and detecting people who are in indoor as well as outdoor scenarios using YOLO V3 video analytic technique. This approach focuses to inspect whether the people are maintaining social distancing in many areas, using surveillance video with measuring the distance in real-time performance. Most of the early studies of detecting social distance monitoring were based on GPS for tracking the movements of people where the signals could be lost. On the other hand, some countries use drones to detect large gatherings of people who cannot have a clear view at night times [10]. In the future, the proposed system can be used fully for detecting threats in the public crowded or it can detect any person affected by critical situations (ie fainting, Cordia arrest) or planting the crops in the forms evenly with a uniform measurement. This proposal could be used in many fields like crowd analysis, autonomous vehicles, and human action recognition and could help the government authorities to redesign the public place layout and take precautionary action in the risk zones. This system analyses the social distancing of people by calculating the distance between people to slow downing the spread of the COVID 19 virus. (shrink)

The COVID-19 crisis opened up discussions on using online tools and platforms for academic work, e.g. for research (management) events that were originally designed as face-to-face interactions. As social scientists working in the domain of responsible research and innovation (RRI), we draft this paper to open up a dialogue on Responsible online Research and Innovation (RoRI), and deliberate particular socioethical opportunities and challenges of the onlineification in collaborative theoretical and empirical research. An RRI-inspired ‘going online’ approach would mean, we suggest, (...) trying to make academic events and research activities more inclusive, researchers’ attitude to their work more reflective and suggest processes that are more responsive to societal needs and ethical concerns. For such systematic reflection, we suggest using the RRI-heuristic provided by Owen et al., and applying the dimensions of ‘Anticipation, Inclusion, Reflection and Responsiveness’ (AIRR) in order to identify and reflect on the dilemmas involved in ‘going online’ in one’s research. (shrink)

R.J. Barnes (chapter 3) takes up the ways in which Sicilian comedy engaged current intellectual fashions, especially philosophy. Sicily was the home of rich and influential poetic and philosophical traditions that Epicharmus held up for comic examination and ridicule.

Political liberals ask citizens not to appeal to certain considerations, including religious and philosophical convictions, in political deliberation. We argue that political liberals must include a demanding requirement of intellectual modesty in their ideal of citizenship in order to motivate this deliberative restraint. The requirement calls on each citizen to believe that the best reasoners disagree about the considerations that she is barred from appealing to. Along the way, we clarify how requirements of intellectual modesty relate to moral reasons for (...) deliberative restraint. And we argue against attempts to weaken our requirement of intellectual modesty by emphasizing those moral reasons. (shrink)