Thomas Reid (1710–96) is increasingly being seen as a highly significant philosopher and a central figure in the Scottish Enlightenment. This new edition of Reid's classic philosophical text in the philosophy of mind at long last gives scholars a complete, critically edited text of the Inquiry. The critical text is based on the fourth life-time edition (1785). A selection of related documents showing the development of Reid's thought, textual notes, bibliographical details of previous editions and a full introduction by the (...) editor makes this an important contribution to the study of this increasingly respected philosopher. -/- Key Features - Complete, critically edited text of the Inquiry accompanied by a judicious selection of manuscript evidence relating to its composition - Comprehensive Introduction providing an historical and philosophical account of the formation of the Inquiry - Detailed textual notes which include bibliographical details and allusions, translations, references to secondary literature and selected passages from Reid's manuscripts. (shrink)

In this paper, I argue that forgiveness is a morally appropriate response only when it is grounded in the wrongdoer’s demonstration of genuine remorse, their offer of a sincere apology, and, where appropriate, acts of recompense and behavioral change. I then respond to John Kleinig’s suggestion (in his paper “Forgiveness and Unconditionality”) that when an apology is not forthcoming, there are at least three additional grounds that, when motivated by virtues such as love and compassion, could nevertheless render “unconditional forgiveness” (...) a morally laudable option. I argue that such grounds could indeed constitute or result in laudable responses to wrongdoing, but only if they are not conceived of or described in terms of forgiveness. (shrink)

This paper explores the feasibility of offering a restorative justice (RJ) approach in cases of domestic violence (DV). I argue that widely used RJ processes—such as ‘conferencing’—are unlikely to be sufficiently safe or effective in cases of DV, at least as these processes are standardly designed and practiced (Sections 1-6). I then support the view that if RJ is to be used in cases of DV, then new specialist processes will need to be co-designed with key stakeholders to ensure they (...) embody not only RJ principles, but also feminist theory and the concept of transformative justice (Section 7). (shrink)

In this article, I argue that the kind of suffering that prisons impose upon people who are incarcerated disregards their uniqueness and fails to meet their basic needs in a manner which violates their dignity and worth as human beings. Hence, the prison, as an institution, cannot be morally justified. But since the imposition of this kind of suffering is an integral element of a prison’s central function, it follows that a 'Correctional Ethic' is effectively an oxymoron, not dissimilar to (...) an 'Ethic for Slave-masters'. (shrink)

The human dimensions involved in the operational objectives of Restorative Justice demand the highest quality of program design and staff training. In this paper, I argue that this desideratum has yet to be fully realized in existing Restorative Justice programs, in particular, with regard to the facilitation of reconciliation. I begin by presenting the chief problems associated with the concentration on reparation in Restorative Justice programs, to the neglect of reconciliation. I then argue that this phenomenon is, in part, a (...) consequence of (i) the almost universal use of service-delivery criteria in the evaluation of Restorative Justice programs, and (ii) the absence of research on the interactional processes involved within the victim-offender encounter itself, using suitably designed methodological tools. (shrink)

In this article, I argue that guilt and shame are not distinctive emotions. Instead, guilt is best seen as a kind of shame. I present three reasons for this view: First, guilt cannot merely arise as a consequence of how we evaluate our behaviour, since how we act implicates the whole self. Second, guilt cannot be relieved by taking responsibility, apologising and making amends unless it is a kind of shame. Third, the empirical research that seems to show that ‘shame’ (...) and ‘guilt’ are distinct can be explained by re-interpreting the data. (shrink)

In my paper “Moral Grounds for Forgiveness,” I argued that forgiveness is morally appropriate only when a sincere apology is received, thus ruling out the three grounds for unconditional forgiveness suggested by John Kleinig in his paper “Forgiveness and Unconditionality.” In response to his reply “Defending Unconditional Forgiveness,” I argue here that my terminology, once clarified, does not undermine my construal of resentment; that conditional forgiveness is just as discretionary as unconditional forgiveness; and that what we choose to take into (...) account when we forgive must be a morally appropriate grounding for that particular end, but that only a sincere apology could satisfy this condition. I end by conceding that the three grounds suggested by Kleinig nevertheless play an essential role in the process of (conditional) forgiveness insofar as they facilitate a willingness to forgive and an openness toward accepting an apology. (shrink)

This paper is a reconstruction and analysis of Thomas Reid’s epistemology, based upon an examination of his extant manuscripts and publications. I argue that, in Reid’s view, a certain degree of “evidence” (or, as I shall say, ‘epistemic justification’) is that which distinguishes mere true belief from knowledge; and that this degree of justification may be ascribed to a person’s belief if and only if (i) the evidence upon which her belief is grounded is such that she holds it with (...) “certainty”; (ii) she has a “sound understanding”; (iii) she has a distinct conception of the object of her belief; and, finally, (iv) she has formed her belief “without prejudice”. (shrink)

This paper aims to explore the feasibility of a restorative justice service in the context of work‐related deaths, specifically in Victoria. Section 1 provides a brief summary of restorative justice and the kind of processes that are most likely to be used in the context of work‐related death. Section 2 discusses an issue for the use of restorative justice in this context that is similar to the problem of whether it is fair or reasonable to assign personal criminal liability for (...) corporate fault. Section 3 looks at what it is that restorative justice can offer a bereaved family. Section 4 presents a range of suggestions as to how restorative justice could be used in this context—informed by real cases wherever possible. Section 5 presents a brief proposal regarding what may be the most effective and efficient strategy or model, in terms of developing a pilot restorative justice service in this area. Section 6 offers some preliminary guidance for a further consultation that would involve all the key stakeholders. (shrink)

This book looks at what it means to be wronged, and why we react to wrongdoing in ways that can cause us more suffering and pain. An alternative approach called 'restorative justice' is proposed as a safe and effective way of avoiding these reactions whilst honouring our values and our common humanity.

Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship between the two should therefore be one of maximum (...) independence: the instruments of the state should not be used to impose or enforce the decision to participate in restorative justice, any component of the restorative justice process or its outcome. It is also suggested that, in the absence of legislative innovation, this kind of separation is likely to require that restorative justice is situated after a case has actually exited the justice system, or after it has, in legal terms, effectively done so, as in a post-sentence context. [Note: The publisher offers a 40% discount on this book (conditions apply). Please see the author's website: "Relational Approaches" for details.]. (shrink)

The paper is written in response to those who fail to recognize the relation between a patient's mental competency and her state of pain. Some clinicians claim that a proper diagnosis can only be made in the absent of analgesia. Rather, the patient's state of pain directly affects her mental competency and thus her ability to give valid consent. Clinicians should rethink their approach to diagnosis when the patient is in pain.

Context — Children and adults with psychopathic traits and conduct or oppositional defiant disorder demonstrate poor decision making and are impaired in reversal learning. However, the neural basis of this impairment has not previously been investigated. Furthermore, despite high comorbidity of psychopathic traits and attention deficit/hyperactivity disorder, to our knowledge, no research has attempted to distinguish neural correlates of childhood psychopathic traits and attention-deficit/hyperactivity disorder. Objective—To determine the neural regions that underlie the reversal learning impairments in children with psychopathic traits (...) plus conduct or oppositional defiant disorder. Design — Case-control study. Setting — Government clinical research institute. Participants — Forty-two adolescents aged 10 to 17 years: 14 with psychopathic traits and oppositional defiant disorder or conduct disorder, 14 with attention-deficit/hyperactivity disorder only, and 14 healthy controls. Main Outcome Measure — Blood oxygenation level–dependent signal as measured via functional magnetic resonance imaging during a probabilistic reversal task. Results — Children with psychopathic traits showed abnormal responses within the ventromedial prefrontal cortex (Brodmann area 10) during punished reversal errors compared with children wit hattention deficit/hyperactivity disorder and healthy children (P < .05 corrected for multiple comparisons). Conclusions — To our knowledge, this study provides the first evidence of abnormal ventromedial prefrontal cortex responsiveness in children with psychopathic traits and demonstrates this dysfunction was not attributable to comorbid attention-deficit/hyperactivity disorder. These findings suggest that reversal learning impairments in patients with developmental psychopathic traits relate to abnormal processing of reinforcement information. (shrink)

This paper weaves together a number of separate strands each relating to an aspect of Wittgenstein’s Philosophical Investigations. The first strand introduces his radical and incoherent idea of a private object. Wittgenstein in § 258 and related passages is not investigating a perfectly ordinary notion of first person privacy; but his critics have treated his question, whether a private language is possible, solely in terms of their quite separate question of how our ordinary sensation terms can be understood, in a (...) philosophical context, to acquire meaning. Yet it is no part of his intention to demonstrate logically that ordinary sensations are not intrinsically meaningful. This is a tempting yet misleading picture, the picture also expressed through the idea of Augustine’s child who is conceptually articulateprior to learning how to talk. This picture lies behind the born Crusoe, an idea at the centre of the dichotomy between language as essentially shared and essentially shareable, a dichotomy considered here to result from a misconception of two quite separate but related aspects of Wittgenstein’s treatment offollowing a rule. The notion of a misleading picture, in both its pre-theoretical and philosophical aspects, also plays a crucial role in a treatment of Saul Kripke’s well-known “Postscript: Wittgenstein and Other Minds.”. (shrink)

Philosophers who work on desert-adjustment within axiology often articulate the concept of desert as follows: x deserves y on the basis of z. This formulation allows for a focused examination that encompasses deservers, deservings, and desert bases. I call this first-order desert. This paper posits that axiology grounded solely in first-order desert fails to adequately capture our nuanced intuitions concerning desert. I contend that to construct an axiology that more effectively aligns with our desert-sensitive intuitions, we must incorporate considerations of (...) second-order desert. Second-order desert is defined as follows: x deserves to live a life in which x deserves y on the basis of z. Initially, I provide a definition of first-order desert, followed by an elucidation of second-order desert. Subsequently, I explore various counter-arguments against my proposition. I defend my proposal against potential counter-arguments, demonstrating that a desert-adjusted axiological theory will be significantly better-off by incorporating second-order desert considerations. (shrink)

I argue that, according to Plato, the body is the sole cause of psychic disorders. This view is expressed at Timaeus 86b in an ambiguous sentence that has been widely misunderstood by translators and commentators. The goal of this article is to offer a new understanding of Plato’s text and view. In the first section, I argue that although the body is the result of the gods’ best efforts, their sub-optimal materials meant that the soul is constantly vulnerable to the (...) body’s influences. In the second section, I argue that every psychic disorder is a disruption of the motions of the inner psychic circles by the body; moreover, I defend my translation of 86b. In the final section, I argue that the goal of education is to restore the circles to their original orbits, and I disarm a possible objection that bad education is also a cause of psychic disorder. (shrink)

This essay presents an account of what it takes to live a philosophical way of life: practitioners must be committed to a worldview, structure their lives around it, and engage in truth‐directed practices. Contra John Cooper, it does not require that one’s life be solely guided by reason. Religious or tradition‐based ways of life count as truth directed as long as their practices are reasons responsive and would be truth directed if the claims made by their way of life are (...) correct. The essay argues that these three conditions can be met by progressors as well as sages. Making progress in how one acts in the world, and improving one’s understanding and direction through being part of a community is living a philosophical way of life. The offered view acknowledges more ways to develop the art of living and enables a broader range of people to count as living philosophically. (shrink)

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

Paraconsistency is the study of logical systems with a non-explosive negation such that a pair of contradictory formulas (with respect to such negation) does not necessarily imply triviality, discordant to what would be expected by contemporary logical orthodoxy. From a purely logical point of view, the significance of paraconsistency relies on the meticulous distinction between the general notions of contradictoriness and triviality of a theory—respectively, the fact that a given theory proves a proposition and its negation, and the fact that (...) a given theory proves any proposition (in the language of its underlying logic). Aside from this simple rationale, the formal techniques and approaches that meet the latter definitional requirement are manifold. Furthermore, it is not solely the logical-mathematical properties of such systems that are open to debate. Rather, there are several foundational and philosophical questions worth studying, including the very question about the nature of the contradictions allowed by paraconsistentists. This entry aims to advance a brief account of some distinct approaches to paraconsistency, providing a panorama on the development of paraconsistent logic. (shrink)

The utterance of morals or morality within a communist space is one that may, in the best of cases, raise a few eyebrows or, in the worst of cases, summon calls for condemnation or accusations of being unscientific. The subject of communist morality is one that is often ignored within the broader revolutionary left, while at the same time—especially within our current insurrectionary moment—beckons to be engaged with. As the hydra of neoliberalism begins its inevitable collapse, throwing capitalism once more (...) into a global crisis—and thusly its imperialist head begins to twist fascistically from the periphery back inward toward the United States and Europe—these categories that before seemed abstract and idealistic suddenly become vivid and tangible. Evil is how these injustices are described—in a non-hyperbolic fashion—by those engaged in the frontlines of revolutionary activity. So why is morality eschewed and denounced in left academic discourse? Are morals solely the provenance of the reactionary right or the dreamy idealist? (shrink)

What is Consciousness? When one looks up what the group called Project Consciousness (private group in Facebook) is all about, one finds the above question. As such, I find this group as a forum to share scientific information and our own ideas about what the nature of Consciousness is. Therefore, I would like to share my own ideas on the subject for your consideration. After much research and reflection, IMHO, I propose consciousness as an objective reality of quantum neuro dynamics (...) whose manifestations are conveyed along the cooperative activity between the cognitive, sensorial, and volitional faculties. As such, consciousness would be an attribute inherent to the individual nature solely intrinsic to human beings. (shrink)

The premises for the work herein originally unfolded in the early 1990’s as a personal quest to procure an elucidation capable of satisfactorily reconciling humanity’s intuitive faith in a Supreme Being’s existence, with the scientific cognizance acknowledging the reality of all singular entities that exist in the Universe. At some point, it was deemed essential to construe its analysis in accordance to those theological concepts that could be recognized to substantiate the divine nature ascribed to intrinsically delineate the existence of (...) a Supreme Being which could, in turn, be additionally recognized to correlate to those scientific concepts established to substantiate the universal nature ascribed to intrinsically delineate the existence of all singular entities in the Universe. It was furthermore determined that along the search for God’s footprints in the Universe one should reach for the profundity of wisdom, as the insightful understanding of those ‘ulterior truths’ capable of coherently sustaining their analogous existence. This, in spite of being aware that the absoluteness inferred by discernments of wisdom has been precisely the reason why the scientific community has relentlessly eluded to validate wisdom as a reliable source for the attainment of true knowledge. Hence, true knowledge has been persistently subjected to be solely dependent on established scientific concepts accrued by empirical experience. Nevertheless, humankind has invariably continued to intuitively search for those ‘ulterior truths’ that could possibly sustain the existence of a Supreme Being. Whereby, human beings consistently have throughout time, attested to the sustenance of the invaluable enlightenment of wisdom. “Windows to Wisdom” is a testament of faith and logic that induces the intellect to pry open all windows of intuition, perception and ratiocination for a glimpse of wisdom to the knowledge and understanding of God’s magnificently divine existence. (shrink)

Plato's Timaeus is traditionally read as a work dedicated to the sole purpose of describing the origin and nature of the cosmos, as a straightforward attempt by Plato to produce a peri phuseos treatise. In accord with this reading, the body of Timaeus' monologue is then seen as nothing more than an attempt by Plato to convey his own cosmological doctrines. I propose an alternative to the view that the Timaeus is nothing more than a textbook of Platonic physics. The (...) Timaeus is rather squarely focused on the human being, in her moral and political dimensions, and on her relation to the natural world as a whole. Ultimately, this account of the human being is intended to provide part of the answer to the question of how society can produce good citizens and leaders, and thus serves to provide a theoretical basis for the practices of paideia. When viewed in this light many of the curious features of the Timaeus appear less strange. The various parts of the dialogue: the dramatic introduction, Critias' tale of the Ancient Athenians, and Timaeus' monologue can be seen as each contributing to an investigation of a single topic. It further allows us to understand why Plato chooses to employ Timaeus the Locrian as the principle speaker of the dialogue rather than Socrates. Finally, when read in this way, the Timaeus no longer appears as an outlier in the Platonic corpus, as a work devoted to a radically different subject matter than the rest of his writings. It can be seen as dedicated to the same issues which preoccupied Plato throughout his entire life, as about the determination of the best life and providing the tools with which to realize it. (shrink)

Derek Parfit famously argued that personal identity is not what matters for prudential concern about the future. Instead, he argues what matters is Relation R, a combination of psychological connectedness and continuity with any cause. This revisionary conclusion, Parfit argued, has profound implications for moral theory. It should lead us, among other things, to deny the importance of the separateness of persons as an important fact of morality. Instead, we should adopt impersonal consequentialism. In this paper, I argue that (...) Parfit is mistaken about this last step. His revisionary arguments about personal identity and rationality have no implications for moral theory. We need not decide whether Relation R or personal identity contain what matters if we want to retain the importance of the separateness of persons. (shrink)

This paper delves into the significance and challenges of Artificial Intelligence (AI) ethics and justice in terms of Common Good and Well-being, fairness and non-discrimination, rational public deliberation, and autonomy and control. Initially, the paper establishes the groundwork for subsequent discussions using the Academia Sinica LLM incident and the AI Technology R&D Guidelines of the National Science and Technology Council(NSTC) as a starting point. In terms of justice and ethics in AI, this research investigates whether AI can fulfill human common (...) interests and welfare. Taking AI injustice as an example, I analyze the practical assessment of AI regarding regional, industrial, and social impacts. Further, this paper discusses the challenges of fairness and non-discrimination in AI, specifically addressing the issue of training on biased data, discussing the acquisition of bias by AI and post-processing supervision issues, and emphasizing the importance of rational public deliberation in this process. Then, this research examines the challenges and countermeasures the rational public faces in public deliberation, such as the importance of education in STEM scientific literacy and technological capabilities. Finally, in discussing AI and autonomy, I propose a 'Human-Centered Approach’ rather than relying solely on the 'Technological Utility Maximization' brought by AI to achieve substantial AI justice. -/- Keywords: AI Ethics and Justice, Fairness and Non-Discrimination, Biased Data Training, Public Deliberation, Autonomy, Human-Centered Approach . (shrink)

Eco/logical R/evolution, is the story of mankind, told with words of a great and wonderful subjective odyssey, the never-ending quest; for objective truths and collective Eudaimonia. The author raises the issues; of political weakness and widespread confusion, about logical analytical errors, of which we find many of in Old Marxist Ideology. As a conscious effort, is thus made, to expel the mental subjugation of Platonic Idealism, away from the clenches Aristotelian Realism, and its bastard offspring; Old Historical Materialism. The book (...) identifies, in the works of Darwin and Marx, a wide range of worrying philosophical incompatibilities, such that are clearly found; in their respective theories and research methodologies. -/- We hereby propose; that a New Marxist Philosophy of Science, stands a probable chance; at unifying the Natural and Social Sciences. As the convergence of truths is manifest, thus, it is mapped out in detail by the author, out of necessity. It invokes, a Marxist Metaphysical Identity, for the sole purpose off; presenting a teleological framework, for New Marxist Theory. -/- NOTE: Reader must look up each word in a dictionary, which they see on both sides of the "/" when found in the middle of a word. (shrink)

According to social externalism, it is possible to possess a concept not solely in virtue of one’s intrinsic properties but also in virtue of relations to one’s linguistic community. Derek Ball (2009) argues, in effect, that (i) social externalism extends to our concepts of colour experience and (ii) this fact undermines both the knowledge argument against physicalism and the most popular physicalist response to it, known as the phenomenal concept strategy. I argue that Ball is mistaken about (ii) even (...) granting (i). The knowledge argument and the phenomenal concept strategy might have to be modified to make them consistent with social externalism, but not in fundamental or detrimental ways. (shrink)

I argue that Aristotelian decisions (προαιρέσεις) cannot be conceived of as based solely on wish (βούλησις) and deliberation (βούλευσις), as the standard picture (most influentially argued for in Anscombe's "Thought and Action in Aristotle", in R. Bambrough ed. New Essays on Plato and Aristotle. London: Routledge, 1965) suggests. Although some features of the standard view are correct (such as that decisions have essential connection to deliberation and that wish always plays a crucial role in the formation of a decision), Aristotelian (...) decisions sometimes must include non-rational desires such as appetite. Consequently, any exegetical account of Aristotle’s notion of decision must be able to accommodate this feature. (shrink)

This paper addresses a question concerning psycho­logical continuity, i.e., which features preserve the same psychological subject over time; this is not the same question as the one concerning the necessary and sufficient conditions for personal identity. Marc Slors defends an account of psychological continuity that adds two features to Derek Parfit’s Relation R, namely narrativity and embodiment. Slors’s account is a significant improvement on Parfit’s, but still lacks an explicit acknowledgment of a third feature that I call relationality. Because (...) they are usually regarded as cases of radical discontinuity, I start my discussion from the experiences of psychological disruption undergone by victims of severe violence and trauma. As it turns out, the challenges we encounter in granting continuity to the experiences of violence and trauma victims are germane to those we encounter in granting continuity to the experiences of subjects in non-traumatic contexts. What is missing in the most popular accounts of psychological continuity is an explicit acknowledgment of the links that tie our psychological lives to other subjects. A more persuasive notion of psychological continuity is not only embodied and narrative, as is Slors’s notion, but also explicitly relational. (shrink)

Much of the work in moral philosophy and the political debate on abortion has focused on when in human development personhood begins. In this article, using a variant of Derek Parfit’s view on personal identity, I instead frame the question as one of victimhood. I argue for what I call the Victim Requirement for the wrongness of killing–killing is wrong only if there is an identifiable victim. An identifiable victim is, temporally speaking, in the midst of a chain of (...) psychological connections in the sense of “Relation R.” I go on to argue for a version of psychological identity which makes consciousness a necessary condition of rational self-interest and numerical identity across time. The implications for the abortion debate, based upon the best neurological evidence, are that abortion cannot be wrong before at least 22 weeks of pregnancy and perhaps significantly later. I then respond to alternatives to my Victim Requirement and argue that they either fail on their own merits or are deeply problematic. Finally, I discuss the role of autonomy and consent in a world where fetal consciousness develops much earlier. (shrink)

One of the most important ongoing debates in the philosophy of mind is the debate over the reality of the first-person character of consciousness.[1] Philosophers on one side of this debate hold that some features of experience are accessible only from a first-person standpoint. Some members of this camp, notably Frank Jackson, have maintained that epiphenomenal properties play roles in consciousness [2]; others, notably John R. Searle, have rejected dualism and regarded mental phenomena as entirely biological.[3] In the opposite camp (...) are philosophers who hold that all mental capacities are in some sense computational - or, more broadly, explainable in terms of features of information processing systems.[4] Consistent with this explanatory agenda, members of this camp normally deny that any aspect of mind is accessible solely from a first-person standpoint. This denial sometimes goes very far - even as far as Dennett's claim that the phenomenology of conscious experience does not really exist. (shrink)

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

Quentin Meillassoux’s ‘Spectral Dilemma offers philosophy an answer to an age old problem, one that Pascal had intimated on in the wager. Is it better to believe in God for life or abstain from belief and declare atheism? The paradox of theism and atheism has separated philosophy for centuries by limiting the possibilities for real thought. For Meillassoux, there is more at stake than just the limitations of thought. Both atheism and theism have exhausted all the conditions of human life. (...) In order to answer this paradox Meillassoux must combine religious insight that the dead must be resurrected with the atheist conviction that God does not exist. (Harman, Quentin Meillassoux, Philosophy in the Making p.87). The aforementioned insight, grounds Meillassoux’s position in what he calls a Divine Ethics. The concept of the Divine carries both atheism and theism to their ultimate consequences to unveil the truth that … “God does not exist, and also that it is quite necessary to believe in God (Harman p.236). The Divine links both assertions in an absolute ethics which Meillassoux calls Divinology. This leads us to our next question what is the Spectral Dilemma? In order to answer this question, we cannot rely solely on what the dilemma is, for it is not, a sufficient account of what Meillassoux is trying to solve. We must proceed to understand the conditions of what Divine Ethics are, and how the Divinology can best represent life for both the living and the dead. What is a spectre? According to Meillassoux it is a dead person who has not been properly mourned (Meillassoux, Spectral Dilemma p.261). This person’s death haunts us. This haunting is the mere fact that we cannot mourn their loss, for as time passes by, our bond with the dead, or dearly departed, proves to be inadequate for our own lives. This haunting leads us to utter despair. The sheer horror of their death is a burden that lays heavy on our backs; and not just our own backs, or our families backs, but for all those people who have crossed their paths in history (Meillassoux p. 262). These terrible deaths are called Essential Spectres and they include all deaths, such as, odious, premature, the death of children, the death of parents; and all of those poor individuals who know that their own destiny will at some point in time, be the same as these poor individuals (Meillassoux p.262). But it is precisely all death in its inconclusive finality that haunts us all, not just natural deaths or even violent grueling death and causalities of war. These essential spectres, are the dead who refuse to Passover, even though they are gone. This concept must seem absurd to any reader to believe in them, but still, Meillassoux makes his point that these essential spectres still cry out to us all, that they still exist with us (Meillassoux p.262). Meillassoux claims that the completion of mourning must occur and Essential Mourning, which is described as an accomplishment of a living relationship with the dead, as opposed to maintaining a morbid bond with those who have survived after their deaths (Meillassoux p.263). According to Meillassoux, essential mourning grants us the possibility, of forming a bond again with the dearly departed (Meillassoux p.263). This bond actively animates their memory into our lives again, but the concept of accomplishment means, that to live again with those essential spectres … “[R]ather than relating to them with the memory of their morbid death” (Meillassoux p.263). In order to fully understand this possibility, we must ask the question does God exist. Is there a merciful spirit, which transcends all of humanity? Is this God working in the world? If so, then why do essential spectres exist? How is it possible that these terrible deaths occur in the world and are allowed by such a God? If this is so, that God allows these deaths to occur then perhaps God is not all powerful? Perhaps this so called transcendent principle is absent in the world (Meillassoux p.263).Meillassoux states that both the religious and atheist options do not allow for essential mourning to take place. Both these positions lead to disappear when confronting death. What is needed is what will follow in the rest of this paper … a Divine Inexistence. We need to assert the existence of a Virtual-God that is both inexistent and possible, but also contingent and unmasterable (Harman p.89). The Divine Inexistence is the main concept of Meillassoux’s Divinology but also the answer to the spectral dilemma, that a new ethics is both possible and needed. This Divine Ethics will both save Essential Spectres and Philosophy. My essential claim is that the actual article ‘Spectral Dilemma’ published in collapse Journal, is insufficient in fully answering the problem of essential spectres. The juxtaposition of atheism and theism is not enough to philosophically explain the significance of the Divine Inexistence. The article is not lengthy enough to explain how ontology, contingent-metaphysics and ethics relate to the fundamental problem. The Divine Inexistence must be fully articulated with the entirety of Meillassoux’s Divinology. I will attempt to fully express the entirety of Meillassoux for my reader, while at the same time, offering a comprehensive answer to the spectral dilemma. -/- . (shrink)

We argue that there is a conflict among classical theism's commitments to divine simplicity, divine creative freedom, and omniscience. We start by defining key terms for the debate related to classical theism. Then we articulate a new argument, the Aloneness Argument, aiming to establish a conflict among these attributes. In broad outline, the argument proceeds as follows. Under classical theism, it's possible that God exists without anything apart from Him. Any knowledge God has in such a world would be wholly (...) intrinsic. But there are contingent truths in every world, including the world in which God exists alone. So, it's possible that God contingently has wholly intrinsic knowledge. But whatever is contingent and wholly intrinsic is an accident. So, God possibly has an accident. This is incompatible with classical theism. Finally, we consider and rebut several objections. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also (...) whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

There are many different kinds of libertarianism. The first is right libertarianism, which received its most powerful expression in Robert Nozick’s Anarchy, State and Utopia (1974), a book that still sets the baseline for discussions of libertarianism today. The second, I will call faux libertarianism. For reasons I will explain in this paper, most ‘man-on-the-street’ libertarians and most politicians who claim to be libertarians are actually this kind of libertarian. And third, there is left libertarianism, which is what I shall (...) spend most of this paper explicating. But I will not simply be surveying the views of those who identify as left libertarians and put this forth as if I were engaged in an exegetical exercise. Instead, what I shall set forth is a kind of manifesto, a statement of why I consider myself a left libertarian, one that takes this approach to political morality well beyond where it was left around the end of the last century by the previous generation of left libertarians. My hope is to provide those who find certain left libertarian ideas attractive a guide by which they can explain and harmonise their own views, recognise left libertarianism as a distinct comprehensive political doctrine, and feel more open to identify themselves as left libertarian too. (shrink)

Unfortunately, many people today see the regulation of lies, disinformation, hate speech, and fake news as an infringement of free speech, at least when such speech is ‘political,’ despite the damage that such speech can do. But this very protective attitude toward speech rests on a mistaken understanding of the role of free speech in a liberal society. The right to free speech is based on the liberal value of freedom, and as such can be no broader than freedom itself. (...) And freedom has always been subject to reasonable limits in a liberal society. Indeed, while the principles of toleration and neutrality are often cited as supporting a broad interpretation of the right to free speech, they also tell us that certain limits apply to that right. We need not tolerate speech that encourages intolerance, and while government should be neutral between reasonable conceptions of the good, it need not be neutral between reasonable and unreasonable conceptions. These ideas form the framework of liberal society, and as I shall show, also provide a guide for understanding what kind of speech is protected in a liberal society and what it is not. (shrink)

Many authors have proposed that grounding is closely related to metaphysical laws. However, we argue that no existing theory of metaphysical laws is sufficiently general. In this paper we develop a general theory of grounding laws, proposing that they are generative relations between pluralities of propositions and propositions. We develop the account in an essentialist language; this allows us to state precisely the sense in which grounding might be reduced to laws. We then put the theory to use in showing (...) how moral laws can play a role in grounding particular moral facts, in defending monism about ground, and in showing in what sense there is no gap between the grounds and the grounded. Finally, we make a novel proposal about what grounds facts about ground. (shrink)

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

For years now, unionization has been under vigorous attack. Membership has been steadily declining, and with it union bargaining power. As a result, unions may soon lose their ability to protect workers from economic and personal abuse, as well as their significance as a political force. In the Name of Liberty responds to this worrying state of affairs by presenting a new argument for unionization, one that derives an argument for universal unionization in both the private and public sector from (...) concepts of liberty that we already accept. In short, In the Name of Liberty reclaims the argument for liberty from the political right, and shows how liberty not only requires the unionization of every workplace as a matter of background justice, but also supports a wide variety of other progressive policies. (shrink)

Exploitation and Economic Justice in the Liberal Capitalist State offers the first new, liberal theory of economic justice to appear in more than 30 years. The theory presented is designed to offer an alternative to the most popular liberal egalitarian theories of today and aims to be acceptable to both right and left libertarians too.

In Liberalism with Excellence, Matthew Kramer makes an argument for how excellence may enter in into liberalism, despite liberalism’s strong commitment to neutrality. Kramer seeks to challenge not only the uncompromising rejection of this position by liberals such a Jonathan Quong, but also the so-called “blended” approach of “soft-perfectionist” scholars such as Joseph Raz and George Sher. In this essay, I do not so much challenge Kramer’s approach as offer an alternative for accomplishing the same thing. Under my proposal, certain (...) forms of excellence and neutrality can both be accommodated as long as state support for the form of excellence at issue is proportional to the support for such a form of excellence within the relevant polity, competing forms of excellence are non-rivalrous, and no one is forced to embrace a form of excellence with which they disagree. My proposal is therefore not what Ronald Dworkin derogatively characterized as “a checkerboard solution.” Rather than allowing the state to support contrary moral positions at one and the same time, it is a solution that takes morally compatible but nevertheless competing conceptions of excellence seriously, and exhibits neutrality by giving them proportional rather than full support. This neither forces anyone to pursue the particular forms of excellence the state supports nor prevents them from pursuing some other form of excellence entirely or, if they wish, no form of excellence at all. (shrink)

The idea that experts (especially scientific experts) play a privileged role in determining the meanings of our words and the contents of our concepts has become commonplace since the work of Hilary Putnam, Tyler Burge, and others in the 1970s. But if experts have the power to determine what our words mean, they can do so responsibly or irresponsibly, from good motivations or bad, justly or unjustly, with good or bad effects. This paper distinguishes three families of metasemantic views based (...) on their attitudes towards bad behaviour by meaning-fixing experts, and draws a series of distinctions relevant for the normative evaluation of meaning-determining actions. (shrink)

There may be a limit on our capacity to suppress anthropocentric tendencies toward non-human others. Normally, we do not reach this limit in our dealings with animals, the environment, etc. Thus, continued striving to overcome anthropocentrism when confronted with these non-human others may be justified. Anticipation of super artificial intelligence may force us to face this limit, denying us the ability to free ourselves completely of anthropocentrism. This could be for our own good.

All disciplines must define their basic units and core processes. In evolutionary biology, the core process is natural selection and the basic unit of selection and adaptation is the individual. To operationalize the theory of natural selection we must count individuals, as they are the bearers of fitness. While canonical individuals have often been taken to be multicellular organisms, the hierarchy of life shows that new kinds of individuals have evolved. A variety of criteria have been used to define biological (...) individuality. Some criteria rely on the presence/absence of a particular property while others advocate an approach that reflects the process of natural selection. The plethora of approaches to classifying individuality has resulted in confusion regarding how to study individuality in a given taxon. (shrink)

For a long time, economic growth has been seen as the most promising source of funds to use toward reducing economic inequality, as well as a necessity if we are aiming at achieving full employment. But one of the most troubling aspects of the recent exponential rise in economic inequality is that this rise has occurred despite continued economic growth. Increases in national income have gone almost exclusively to the super-rich, while real wages for almost everybody else have stagnated or (...) even declined. And while the unemployment rate dropped significantly before the coronavirus pandemic hit, good, permanent, high-wage jobs with benefits had by then often been replaced by temporary, part-time, low-wage jobs without benefits, leaving even the employed feeling economically insecure. And now, of course, unemployment is again skyrocketing, and it is unclear how long it might take to come down. As a result, we have now arrived at a point of reckoning: can we continue to believe that liberal capitalism is the most promising combination of economic and political ideologies for securing a prosperous and just future? If not, what might replace it? Is the problem capitalism, or is it liberalism? Are we up against economic forces that we cannot influence or control, or is it our political will and the liberal values we endorse that are being tested? This paper looks at all these questions, and suggests how we might think about the prospects for a liberal future. (shrink)

In Ethics 4, Spinoza argues that “A free man thinks of nothing less than of death, and his wisdom is a meditation on life, not on death” (E4p67). Spinoza’s argument for this claim depends on his view of imagination, reason, and scientia intuitiva and on his notion of conatus. I explicate Spinoza’s view of life in terms of power (potentia) and show that Spinozan death amounts to reconfiguration rather than absolute annihilation. I then show that E4p67 reflects Spinoza’s well-known account (...) of the three kinds of knowing. Thinking of death is quintessentially imaginative and passive. The free person of E4p67 is in contrast a rational person. To reason, and as becomes especially clear E5, to experience scientia intuitiva, moreover is to think of things “without any relation to time, but [rather] sub specie aeternatitis”(E2p44c2) and to experience activity To the extent, then, that we are rational, free, and active, death is a non-issue. Indeed, to the extent that we are able to meditate on life sub specie aeternitatis, we actually experience joy, love (E5p20s, p32c), eternity (Sp23s), and “the greatest satisfaction of the Mind” (E5p27). (shrink)

In earlier work, I predicted that we would probably not be able to determine the colors of the dinosaurs. I lost this epistemic bet against science in dramatic fashion when scientists discovered that it is possible to draw inferences about dinosaur coloration based on the microstructure of fossil feathers (Vinther et al., 2008). This paper is an exercise in philosophical error analysis. I examine this episode with two questions in mind. First, does this case lend any support to epistemic optimism (...) about historical science? Second, under what conditions is it rational to make predictions about what questions scientists will or will not be able answer? In reply to the first question, I argue that the recent work on the colors of the dinosaurs matters less to the debate about the epistemology of historical science than it might seem. In reply to the second question, I argue that it is difficult to specify a policy that would rule out the failed bet without also being too conservative. (shrink)