Born to secular Jewish parents and raised in Camden, New Jersey, Andrea Dworkin became a radical second-wave feminist. By Dworkin’s own account, her work is informed by a series of negative personal experiences, including sexual assault at age nine, again by doctors at the Women's House of Detention in New York in 1965, work as a prostitute, and marriage to a battering husband whom she left in 1971. While Dworkin self-identified as a lesbian, since 1974 she lived with a gay (...) male partner, writer John Stoltenberg, whom she married in 1998. Understandably, the main theme of Dworkin's work is male violence against women. This violence is a defining feature of our male-supremacist culture, in which rape, prostitution, and pornography are inevitable expressions of gender norms. Dworkin's writings are primarily aimed at social change rather than intellectualizing. She describes her first book as "a political action where revolution is the goal". What one finds in her writings is not so much philosophical theorizing as calls to action. Thus it is difficult to summarize the abstract theory to which she is committed and from which she draws arguments against the sexism she finds in our culture. What is clear is her desire to eliminate binary concepts of gender and their oppressive effects. In particular, Dworkin urges the destruction of a female gender role that involves masochism, self-hatred, and passivity. She sees male supremacy constructed and reinforced in our culture through the sexist structuring of public institutions and private interactions, locating three crucial foci of male supremacy in action: pornography, sexual intercourse, and rape. These are her central concerns. Her work includes seven monographs, three collections of essays and speeches, a memoir, two novels, and a book of short stories, all of which explore these themes. (shrink)

Interview by Klasien Horstman on gender and genetics. 'Unlike many gender theorists, I do not view the body as socially constructed; nor do I share postmodern and deconstructionist disquiet at the notion of a unified subject. Frankly, I think these constructions get in the way of political action and are bad for women’s rights.' -/- .

Most opponents of somatic cell nuclear transfer and embryonic stem cell technologies base their arguments on the twin assertions that the embryo is either a human being or a potential human being, and that it is wrong to destroy a human being or potential human being in order to produce stem cell lines. Proponents’ justifications of stem cell research are more varied, but not enough to escape the charge of obsession with the status of the embryo. What unites the two (...) warring sides in ‘the stem cell wars’ is that women are equally invisible to both: ‘the lady vanishes.’ Yet the most legitimate property in the body is that which women possess in their reproductive tissue and the products of their reproductive labour. By drawing on the accepted characterisation in the common law of property as a bundle of rights, and on a Hegelian model of contract as mutual recognition, we can lessen the impact of the tendency to regard women and their ova as merely receptacles and women’s reproductive labour as unimportant. (shrink)

Abstract Gender and Ethics Committees: Where’s the Different Voice? -/- Prominent international and national ethics commissions such as the UNESCO Bioethics Commission rarely achieve anything remotely resembling gender equality, although local research and clinical ethics committees are somewhat more egalitarian. Under-representation of women is particularly troubling when the subject matter of modern bioethics so disproportionately concerns women’s bodies, and when such committees claim to derive ‘universal’ standards. Are women missing from many ethics committees because of relatively straightforward, if discriminatory, demographic (...) factors? Or are the methods of analysis and styles of ethics to which these bodies are committed somehow ‘anti-female’? It has been argued, for example, that there is a ‘different voice’ in ethical reasoning, not confined to women but more representative of female experience. Similarly, some feminist writers, such as Evelyn Fox Keller and Donna Haraway, have asked difficult epistemological questions about the dominant ‘masculine paradigm’ in science. Perhaps the dominant paradigm in ethics committee deliberation is similarly gendered? This article provides a preliminary survey of women’s representation on ethics committees in Eastern and Western Europe, a critical analysis of the supposed ‘masculinism’ of the principlist approach, and a case example in which a ‘different voice’ did indeed make a difference. (shrink)

Does advocating women's reproductive rights require us to believe that women own property in their bodies? In this chapter I conclude that it does not. Although the concept of owning our own bodies — ‘whose body is it anyway?’ — has polemical and political utility, it is incoherent in philosophy and law. Rather than conflate the entirely plausible concept of women’s reproductive rights and the implausible notion of property in the body, we should keep them separate, so that the weakness (...) of the second concept does not contaminate the purity of the first. (shrink)

The growth of personalised medicine threatens the communal approach that has brought our biggest health gains.

A ‘should’ question normally signals work for an ethicist but this ethicist’s task is complicated by the normative dimension of all the chapters in this volume. Each author was asked to come up with three recommendations from their own subject area – ’should’ statements deriving from the ‘is’ analysis that they present. If those prescriptions cover the relevant topics, what more is there for an ethicist to do? I have had a personal interest in obstetricians’ relationship with ‘older women’ since (...) being classified as an ‘elderly primigravida’ at the superannuated age of 26 years. Apart from that, however, what original contribution can I make? The convenors of the 56th RCOG Study Group gave me plentiful suggestions – perhaps a little too plentiful: How should the RCOG approach its constituencies, medical ethics, regulation and its relationship to government and the rest of the medical profession, i.e. the NHS and the market, vested interests, individuals or consumers, families, the unborn, doctors, drug companies, surrogacy, the unborn, trafficking, global adoption, law, research? I have to admit this was just too much for me. Instead, I want to argue for what may seem a self-evidently simple point. The RCOG describes its mission as ‘setting standards to improve women’s health’ – presumably all women. In the 6 years that I have served on the RCOG Ethics Committee, however, we have almost always been concerned with that minority of the female population who are of reproductive age. (shrink)

What does it mean to respect autonomy and encourage meaningful consent to treatment in the case of patients who have dementia or are otherwise incompetent? This question has been thrown into sharp relief by the Law Lords' decision in R.v Bournewood Community and Mental Health NHS Trust, ex parte L.

The feminist movement may seek democratization on a global scale, but women are still hampered by a democratic deficit in terms of economic and political power. On the other hand, global feminist networks and new expanded forms of non-territorial political space do appear to be increasing democratic participation for women.

Reproductive ageing has effects on individual and public health, now and in generations to come. This volume of presentations from a conference at the Royal College of Obstetricians and Gynaecologists brings together a diverse but timely set of contributions.. in ny chapter I specifically examine the responsibilities of the College to women outside normal reproductive age.

This article, based on a case study, examines issues of confidentiality and family impact in a diagnosis of Huntington's disease. Genetic-based illness transcends individualistic models of patient autonomy because it also involves other family members, requiring a new approach to patient confidentiality.

This chapter considers ethical issues involved in genetic testing and screening for susceptibility to various forms of cancer.

The notions of family and community disintegration, supposedly brought on by focus on children's rights, are only a form of moral panic.

The spread of liberal individualism to the family is often portrayed as deeply inimical to the welfare of children and young people. In this view, the family is the bastion of the private and the antithesis of the contractual, rights-oriented model that underpins public life. This chapter examines that proposition critically.

Guidelines on embryo storage prioritise 'respect for the embryo' above the wishes of the women whose labour and tissue have gone into creating the embryo in the first place, effectively making women and the female body disappear. In this article I draw a parallel between this phenomenon relating to embryo storage and other instances of a similar phenomenon that I have called 'the lady vanishes', particularly in stem cell and 'mitochondrial transfer' research. I suggest that a modified property regime could (...) protect women's interests in embryo storage, making a parallel with the Yearworth case, in which it was recognised that men had limited but actionable interests in their stored sperm.. (shrink)

Whilst India has been debating how to regulate 'surrogacy' the UK has undergone a major consultation on increasing the amount of 'expenses'paid to egg 'donors', while France has recently finished debating its entire package of bioethics regulation and the role of its Biomedicine Agency. Although it is often claimed that there is no alternative to the neo-liberal, market-based approach in regulating (or not) reproductive medicine--the ideology prevalent in both India and the UK--advocates of that position ignore the alternative model offered (...) by France's tighter regulation, as well as its overarching concern with protecting the vulnerable and ensuring social justice. Whilst the concepts underpinning the French model of regulation also have their provenance in Western political philosophy and not in the developed world, they embody a very different attitude and suggest that there is indeed an alternative to letting the market decide. However, even in France that alternative is highly contested. (shrink)

The present article proposes to study Condillac’s analysis of Spinoza’s Ethics, against the background of the more general criticism that the French abbot makes of the seventeenth-century logique de système. From the Essai sur l’origine des connaissances humaines to the Traité des systèmes to the later texts, Condillac’s theory and critique of systems are crossed by two components: on the one hand, the search for the sensory origin of ideas, that Condillac radicalizes in his Traité des sensations into a theory (...) of knowledge as a ‘transformed sensation’. On the other hand, an operative logic of signs, which from the Essai to the works subsequent to the Traité des sensations translates sensibility into a knowledge, or a ‘well-made language’, whose logic is calculation. My objective is to clarify how the new ‘systematic spirit’, repeatedly invoked by the abbot, departs from the ‘bad metaphysics’ that he claims to liquidate. The comparison with the Spinozist system will be illuminating: in his treatise on the metaphysical systems of the seventeenth century Condillac proposes a critical analysis of the ‘geometrical spirit’; in his latest work, La langue des calculs, he proposes a new logic to which he assigns the task of bringing together the abstract and the concrete, beyond the ruins of classical metaphysics. The ‘systematic spirit’ and ‘spirit of system’ will be revealed, in spite of Condillac’s efforts, as being much closer to what it appears at first sight. (shrink)

Critical examination of the concept of property in the body, with particular relevance to Stephen Munzer's work on umbilical cord blood.

How can intellectuals who oppose the illegitimate war in Iraq come to similar terms with the U.S. neoconservatives, and their unrepentant British collaborators, who have stranded us in it? In the Tempest, Shakespeare’s most political play, comedy though it is meant to be, intellectuals are warned not to consider themselves guiltless. But how can those who marched against the war, or who tried to speak truth to power in other ways, be guilty of its misuses? Surely this is too harsh (...) a view of the role of the public intellectual. What choice did Prospero really have? He was exiled, hapless, stranded. What choice do intellectuals who are against the war have? We, too, are powerless. Aren’t we? (shrink)

In this article we explore the underpinnings of what we view as a recent "backlash" in English law, a judicial reaction against considering children's and young people's expressions of their own feelings about treatment as their "true" wishes. We use this case law as a springboard to conceptual discussion, rooted in (a) empirical psychological work on child development and (b) three key philosophical ideas: rationality, autonomy and identity. Using these three concepts, we explore different understandings of our central theme, true (...) wishes. These different conceptual interpretations, we argue, help to elucidate important clinical questions in the area of children's informed consent to treatment. For example, how much should a child's own wishes count in making medical decisions? Does it make a difference if the child or young person is undergoing psychiatric treatment?—if in some sense her wishes are abnormal, not "true" expressions of what she really wants? If the child's wishes do not count, why not? If they do matter but count for less, how much less? We conclude by advocating functional tests of a young person's true wishes, applicable on a case-by-case basis, rather than a black-and-white distinction between "incompetent" children and "competent" adults. (shrink)

Children and young people under 18 years old should no longer be regarded as incompetent to give or withhold consent in decisions involving their health care, Recent research suggests a functional test of cognitive and emotional maturity, rather than a strict age cut-off point. However, it is often difficult to implement these recommendations in practice, not least because the law is, if anything, increasingly 'hard-line' about children's autonomy.

In Two Minds is a practical casebook of problem solving in psychiatric ethics. Written in a lively and accessible style, it builds on a series of detailed case histories to illustrate the central place of ethical reasoning as a key competency for clinical work and research in psychiatry. Topics include risk, dangerousness and confidentiality; judgements of responsibility; involuntary treatment and mental health legislation; consent to genetic screening; dual role issues in child and adolescent psychiatry; needs assessment; cross-cultural and gender issues; (...) rational and irrational suicide; shared decision making in multi-agency teams, and the growing role of the user's voice in psychiatry. Key ethical concepts are carefully introduced and explained. The text is richly supported by detailed guides for further reading. There are separate chapters on teaching psychiatric ethics, including a sample seminar, and on writing a research ethics application. Each case history and discussion is followed by a critical commentary from a practitioner with relevant experience. Jim Birley adds a comparative international perspective on psychiatric ethics. Cartoons by Johnny Cowee provide punchy counterpoint! In Two Minds is the sister volume to the third edition of Sidney, Paul Chodoff and Steven Green's highly successful Psychiatric Ethics. In providing a bridge between theory and practice, it will be essential reading for everyone concerned with improving standards in mental health care. (shrink)

This chapter critically examines two frequently found assumptions in the debate about trafficking for prostitution: 1. That the sale of sexual services is like the sale of any other good or service; 2. That by and large women involved in trafficking for prostitution freely consent to sell such services.

Review of book by Cynthia Daniels, At Women's Expense: State Power and the Politics of Fetal Rights.

An influential heuristic for thinking about climate adaptation asserts that “natural” adaptation strategies are the best ones. This heuristic has been roundly criticized but is difficult to dislodge in the absence of an alternative. We introduce a new heuristic that assesses adaptation strategies by looking at their maturity, power, and commitment. Maturity is the extent to which we understand an adaptation strategy’s effects. Power is the size of the effect an adaptation strategy will have. Commitment is the degree to which (...) an adaptation strategy is difficult to test or reverse. (shrink)

Any philosophy of science ought to have something to say about the nature of mathematics, especially an account like constructive empiricism in which mathematical concepts like model and isomorphism play a central role. This thesis is a contribution to the larger project of formulating a constructive empiricist account of mathematics. The philosophy of mathematics developed is fictionalist, with an anti-realist metaphysics. In the thesis, van Fraassen's constructive empiricism is defended and various accounts of mathematics are considered and rejected. Constructive empiricism (...) cannot be realist about abstract objects; it must reject even the realism advocated by otherwise ontologically restrained and epistemologically empiricist indispensability theorists. Indispensability arguments rely on the kind of inference to the best explanation the rejection of which is definitive of constructive empiricism. On the other hand, formalist and logicist anti-realist positions are also shown to be untenable. It is argued that a constructive empiricist philosophy of mathematics must be fictionalist. Borrowing and developing elements from both Philip Kitcher's constructive naturalism and Kendall Walton's theory of fiction, the account of mathematics advanced treats mathematics as a collection of stories told about an ideal agent and mathematical objects as fictions. The account explains what true portions of mathematics are about and why mathematics is useful, even while it is a story about an ideal agent operating in an ideal world; it connects theory and practice in mathematics with human experience of the phenomenal world. At the same time, the make-believe and game-playing aspects of the theory show how we can make sense of mathematics as fiction, as stories, without either undermining that explanation or being forced to accept abstract mathematical objects into our ontology. All of this occurs within the framework that constructive empiricism itself provides the epistemological limitations it mandates, the semantic view of theories, and an emphasis on the pragmatic dimension of our theories, our explanations, and of our relation to the language we use. (shrink)

A dilemma exists when a doctor is faced with a child or young person who refuses medically indicated treatment. The Gillick case has been interpreted by many to mean that a child of sufficient age and intelligence could validly consent or refuse consent to treatment. Recent decisions of the Court of Appeal on a child's refusal of medical treatment have clouded the issue and undermined the spirit of the Gillick decision and the Children Act 1989. It is now the case (...) that a child patient whose competence is in doubt will be found rational if he or she accepts the proposal to treat but may be found incompetent if he or she disagrees. Practitioners are alerted to the anomalies now exhibited by the law on the issue of children's consent and refusal. The impact of the decisions from the perspectives of medicine, ethics, and the law are examined. Practitioners should review each case of child care carefully and in cases of doubt seek legal advice. (shrink)

Review of Daniel Callahan's book The Troubled Dream of Life.

This study investigates the relationship between mental health and emotional intelligence among senior high school students in a public school. Thus, the study employed a correlational design to measure the relationship between mental health and emotional intelligence among 152 Grade 12 senior high school students in a public school. Hence, to measure the study’s variables - Mental Health Inventory and Emotional Intelligence Scale (EIS) were utilized. Based on the inferential statistics, the r coefficient of 0.32 indicates a low positive correlation (...) between the variables and a p-value of 0.00, indicating a significant relationship between the respondents' mental health and emotional intelligence. Implications and recommendations were discussed in the study. (shrink)

Donald Hoffman proposed a bold theory—that objects do not exist independently of us perceiving them and that all that really exists is conscious agents. In this critical review, Leslie Allan examines the three core components of Hoffman's new idealism. He proposes solutions to linguistic absurdities suffered by Hoffman's theory before considering its most serious problems. These include oversimplifications of evolutionary theory, self-refutation, heuristic sterility and dependence on scientific realism.

An important objection to signaling approaches to representation is that, if signaling behavior is driven by the maximization of usefulness, then signals will typically carry much more information about agent-dependent usefulness than about objective features of the world. This sort of considerations are sometimes taken to provide support for an anti-realist stance on representation itself. The author examines the game-theoretic version of this skeptical line of argument developed by Donald Hoffman and his colleagues. It is shown that their argument (...) only works under an extremely impoverished picture of the informational connections that hold between agent and world. In particular, it only works for cue-driven agents, in Kim Sterelny’s sense. In cases in which the agents’ understanding of what is useful results from combining pieces of information that reach them in different ways, and that complement one another, maximizing usefulness involves construing first a picture of agent-independent, objective matters of fact. (shrink)

Drucker's contribution succeeds as a handbook of contraceptive history, but I criticize her definition of contraception as too broad, and I argue that a narrower definition undermines her reproductive justice claims.

This article explores Donna Haraway’s overlooked theories of coalition-building along with the tactics of transversalism. I initially outline Haraway’s contributions and discuss why the cyborg of coalition has been ignored. I then relate this work to transversal politics, a form of coalition-building that acknowledges both the need for more open understandings of the subject and also the threatening circumstances that form these ‘hybrid’ subjects. The intriguing alliance that can be formed between them offers ways of dealing with the fears (...) and self-defensiveness that often stand in the way of creating effective political groups. Having explored the tactics that could productively structure interactions between Haraway’s cyborg actors, I broaden this out to discuss community more generally, in order to further explore the possible applications of these theories of coalition. Finally, through the work of Linnell Secomb and Jean-Luc Nancy, I suggest a vision of a community of cyborgs. (shrink)

As one of the seminal theorists further developing François Laruelle’s politically-poised “non-standard philosophy,” Katerina Kolozova’s approach to animality and feminism is part of a particular post-humanist Marxist continuum (which includes Rosi Braidotti, Luce Irigaray, Donna Haraway and N. Katherine Hayles). Nonetheless, Kolozova distinguishes herself from this lineage by adhering to Laruelle’s method, liquidating philosophy of its anthropomorphic nexus. Thus, Kolozova also belongs to a more recently inaugurated and nascent tradition, working in tandem with post-Laruellean philosophers of media, technology, aesthetics (...) and feminist critique, such as Bogna Konior, Yvette Granata, Jonathan Fardy and John Ó Maoilearca. Within this variegated assemblage, Kolozova’s most recent project, Capitalism’s Holocaust of Animals(2019), saliently reconciles and radicalizes Haraway’s epochal dyad of the “inhuman”—a bifurcation riven by technology on one node and the animal on the other—by a resolution of superlative unity. This methodology, adhering to Laruelle’s system of“synthesis-without-synthesizing” attempts to dissolve the spectral chimeras that have haunted philosophy’s metaphysical heredity, proffering a generic identity. (shrink)

In this article it is argued that the optical metaphor and critical practice of diffraction further developed by Donna Haraway and Karen Barad might be no less significant than the widely spread notion of reflection, when the questions of various practices of knowledge are addressed. By considering Paul Ramsden’s approach to learning/teaching and its underlying theory in higher education alongside Karen Barad’s methodology of diffraction, it is shown that Ramsden’s understanding of learning/teaching is rather based on the theoretical assumptions (...) of diffractive practice. His notion that teaching/learning are closely related and actively shaping each other, and that learners are not disconnected from the environment and their previous experiences with the subject matter and learning process itself, adds to Barad’s onto-epistemological position that knowers know the world at the same time as being the part of the world in its ongoing intra-activity. Ramsden’s understanding of relation is diffractive, because it is not about predefined binary entities and their fixed identities, but about layers and entanglements of various previous experiences and reactions to the learning environment. In addition, looking at learning/teaching processes through a different perspective also leads to a different approach to teaching and other ways of problem-solving. Both Ramsden and Barad distrust homologies, analogies, and causality-based conceptions of knowledge sharing. Instead, the ability to respond to an always new learning/teaching environment is assessed, which implies a diffractive type of sensitivity to the context, iterative process of re-turning, and the creation of dangerously indeterminate relationships and commitments. In this way, some of Barad’s philosophical notions, i.e., the diffraction pattern, intra-activity, returning, and others, also may acquire new practical content. (shrink)

Since the stone age humankind has created masterworks which possess a mysterious quality of solidity and grandeur or monumentality. A Paleolithic Venus and a still life by Cezanne both share this monumentality. Michelangelo likened monumentality to sculptural relief, Braque called monumentality 'space', and Hans Hoffman, himself one of the masters, called monumentality 'pictorial depth.' The masters agreed on the import of monumentality, but none of them left a clear explanation of it. In 1943 Earl Loran published his classic book (...) on Cezanne's pictorial structure but, as I demonstrate, his explanation was misleading. This book provide a clear explanation, as did an earlier book by Robert Casper. This book also traces some history of monumentality with reproductions. It also explains how some painters achieved monumentality and how a student can attempt it. Pictorial space is created in the tension between pairs of opposing planes. Opposing planes pull against each other, each containing the other, paradoxically, within the flat surface of the canvas. Sculpture also can be 'plastic': opposing masses pull against each other, each containing the other and creating tension in the space which lies between them. Painting has other aspects like subject matter, expression, style and technique but pictorial space does not depend on these. Monumentality moves us profoundly and apparently has done so since the Paleolith. Using patients' vignettes, I show that there are profound parallels between the structure of a monumental work of art and the structure of an evolving personality. In Winnicott's words, such a personality has 'depth ... an interior space to put beliefs in ... an inside ... a space where things can be held ... the capacity to accept paradox [to contain opposites] ... room and strength ... and originality and the acceptance of tradition as the basis for invention'. A monumental painting also meets this description. I argue that monumental art provides a visual portrait of an evolving personality just as myth, as Freud and Jung both showed, provides a narrative portrait of an evolving personality. An evolving personality is perhaps humankind's most important creation; an underlying purpose of both myth and art is to help us achieve it. I demonstrate in this book that monumental art represented the evolving personality since at least 35,000 BC. Thus to understand monumentality is to better understand the personality and its history. (shrink)

Commentators such as Kemp Smith (1941), Mendelbaum (1974), and Bricke (1980) have taken the distinctions of reason to pose either a counterexample to or a limitation of scope on the Separability Principle. This has been convincingly addressed by various accounts such as Garrett (1997), Hoffman (2011), and Baxter (2011). However, I argue in this paper that there are two notions of ‘distinction of reason’, one between particular instantiations (token distinctions of reason) and one between general ideas (type distinctions of (...) reason). Discussion of the distinctions of reason in the secondary literature has without fail focused on token distinctions of reason, but I will argue that type distinctions of reason prove problematic for Hume’s Separability Principle. I find a way around this problem that is consonant with Hume’s account of general ideas, but which can hardly be said to be an account which he explicitly or even implicitly endorsed. (shrink)

The paper discusses Beauvoir's interpretation of the Marxist and Freudian contributions to our understanding of the feminine condition. Several epistemological assumptions derived from Sartre's philosophy are pointed out. Beauvoir's reading of Marx, Engels, and Freud is discussed, claiming that her reading is biased by humanistic and historicist assumptions. This is an unpublished English version of Sergio Cremaschi, “Marxismo e psicanalisi in Il secondo sesso di Simone de Beauvoir”, Vita e Pensiero, 67 (1975), 3-4, pp. 510-525; reprint in E. De Marchi (...) (ed.), In nome della donna, Editrice Vita e Pensiero, Milano, 1976, pp. 510-525. (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)

Susan Neiman pointed out to this reviewer the danger that Carl Jung studies pose to contemporary scholars. It is keeping in mind Neiman's cautionary advice that this review establishes Jung's contributions to Romanticism. "[Craig] Stephenson’s analysis of Aurélia has now superseded Arthur Lovejoy’s (1873–1962) and Mario Praz’s (1896–1982) contributions to the definitions of Romanticism.".

This article seeks to further the discussion of mimesis in the current new materialist philosophies that are charged with doubts about the potential of mimetic practices, i.e., practices of reflection, and propose a more differential /diffractive notion of mimesis. It argues that the concept of mimesis and performative approaches to knowledge making can be compatible. The figures of mimesis appear in the conceptualizations of both reflective and diffractive practices, and if mimesis is considered rather as a diffractive operation, it could (...) be seen as having a different efficacy and ethico-political function. Drawing on Karen Barad’s and Isabelle Stengers’ arguments, I start by showing why in the representationalist view of knowledge making, the tool of mimesis is dysfunctional—it is a way of separating and classifying copies of reality. Then, I introduce a diffractive notion ofmimesis in line with the mimetic re-turn in posthuman studies. From the perspective of relational understanding of knowledge making supported in Barad’s and Stengers’ ethico-political proposals, mimesis can be perceived as a tool for provoking change and thus, imply a need to do it carefully. (shrink)

The proposed paper presents an argument in favor of a Rawlsian approach to ethics for Internet technology companies (den Hoven & Rooksby, 2008; Hoffman, 2017). Ethics statements from such companies are analyzed and shown to be utilitarian and teleological in nature, and therefore in opposition to Rawls’ theories of justice and fairness. The statements are also shown to have traits in common with Confucian virtue ethics (Ames, 2011; Nylan, 2008).

The cognitive scientist Donald Hoffman argues that we don't perceive reality: spacetime, objects, colors, sounds, tastes, and so forth, are all merely an interface that we evolved to track evolutionary fitness rather than to perceive truths about external reality. In this paper, I expound on his argument, then I extend it, primarily, by looking at key ideas in physics that are quite germane to it. Among the topics in physics that I discuss are black holes, the holographic principle, string (...) theory, duality, quantum gravity, and special relativity. I discuss these ideas from physics with an eye to their relevance for Hoffman's view. (shrink)

This essay explains Donald Hoffman's Interface Theory of Perception using The Biological Framework for a Mathematical Universe proposed by Ronald Williams. According to Hoffman, what we perceive is more like a “desktop interface with icons representing complex underlying processes, rather than a direct window into the true nature of the world." The theory of a biological framework for a mathematical universes suggests that these complex underlying processes of “the desktop interface with icons” contain correspondences to biological systems. For (...) example, “the desktop icons” of the ocean’s arctic currents and the melting and freezing of Antartica contain “complex underlying processes” which mirror the processes of a circulatory system and beating heart. While indeed we do interpret reality from a superficial perspective as Hoffman suggests, our cognitive abilities are enhanced enough to recognize correspondences to these patterns pertaining to these biological systems which reveal the true nature of the world/universe/reality and thus highlight our evolved perceptual systems which can enable us how to recognize these patterns and organize ourselves to them in order to best survive it. Another example of a “desktop icon” is human society—the order and properties of human society contain “complex underlying processes” that are analogous to the order and properties of cellular society—thus “socioeconomic problems” can be understood through cellular economic problems. Moreover, the solution to the cellular economic problem is the solution to the socioeconomic problem. (shrink)

Kit Fine famously objected against the idea that essence can be successfully analyzed in terms of de re necessity. In response, I want to explore a novel, interesting, but controversial modal account of essence in terms of intrinsicality and grounding. In the first section, I will single out two theoretical requirements that any essentialist theory should meet—the essentialist desideratum and the essentialist challenge—in order to clarify Fine’s objections. In the second section, I will assess Denby’s improved modal account, which appeals (...) to the notion of intrinsicality, and argue that it is untenable. In the third section, I will explain how, when combined with a modal-existential criterion, a hyperintensional account of intrinsicality—in the same vein as Bader (J Philos 110(10): 525–563, 2013) and Rosen (in: Hale and Hoffman (eds) Modality: Metaphysics, logic, and epistemology, Oxford, OUP, 2010)—can help successfully address Fine’s counterexamples. In the fourth section, I will evaluate how this novel analysis of essence stands with respect to sortal, origin, and natural kinds essentialism and discuss potential objections and difficulties. (shrink)

Social robotics designed to enhance anthropomorphism and zoomorphism seeks to evoke feelings of empathy and other positive emotions in humans. While it is difficult to treat these machines as mere artefacts, the simulated lifelike qualities of robots easily lead to misunderstandings that the machines could be intentional. In this post-anthropocentrically positioned article, we look for a solution to the dilemma by developing a novel concept, “abiozoomorphism.” Drawing on Donna Haraway’s conceptualization of companion species, we address critical aspects of why (...) robots should not be categorized with animals by showing that the distinction between nonliving beings and living beings is still valid. In our phenomenologically informed approach to social robotics, we propose that the concept of abiozoomorphism makes it possible to transcend the strong ethos of biotism that prevails in both robot design and academic research on social robots. (shrink)

Preface: The following article is an adaptation of an open letter sent by the au- thor to the local U.S. Elementary School Administration on October 14, 2022, in response to the introduction of Transgender Literature in grades 2 and above (starting age 7) in the local US elementary school attended by the author’s children. More specifically, children have been introduced to three books: I Am Jazz, by Jessica Herthel and Jazz Jennings; Jacob’s New Dress, by Ian Hoffman and Sarah (...) Hoffman; and Born Ready. The True Story of a Boy Named Penelope, by Jodie Patterson. As part of this, children have been asked to join discussion in class to talk about the contents of each book and other related literature. Of note, several meetings with the administration and the school board have followed, but no changes have been made to the administration and content of the literature presented to children, with the exception of parents’ voluntary exclusion, per direct request, of their children from class time in which the books above and related new literature will be discussed in the future. Furthermore, these topics have also been discussed as part of a recent Lecture the author presented at the Academy of Sciences of Rome with the title “Science or Ideology?” in November 2022. (shrink)

An inverse akratic act is one who believes X, all things considered, is the correct act, and yet performs ~X, where ~X is the correct act. A famous example of such a person is Huck Finn. He believes that he is wrong in helping Jim, and yet continues to do so. In this paper I investigate Huck’s nature to see why he performs such acts contrary to his beliefs. In doing so, I explore the nature of empathy and show how (...) powerful Huck’s empathic feelings are. Drawing from Martin L. Hoffman, I show the relationship between empathy and a principle of justice. This relationship leads to Huck acting virtuously, as Rosalind Hursthouse maintains. (shrink)

Like any broad narrative about the history of ideas, this one involves a number of simplifications. My hope is that by taking a closer look Spinoza's notorious remarks on animals, we can understand better why it becomes especially urgent in this period as well as our own for philosophers to emphasize a distinction between human and nonhuman animals. In diagnosing the concerns that give rise to the desire to dismiss the independent purposes of animals, we may come to focus on (...) a new aspect of what needs to change about contemporary thinking on species divisions. In what follows, I will bring out Spinoza's contradictory and ambivalent remarks pertaining to the specific differences between humans and animals. It is my suspicion that this ambivalence continues to plague us today. Like Spinoza, we want to say that humans are like and unlike animals. As a simply descriptive claim, it may be true and innocuous. Yet, the way we affirm our proximity and distance from nonhuman animals requires careful attention. Spinoza viewed this proximity as a source of danger. We might do well to emphasize, with thinkers such as Donna Haraway (2003),how our proximity and difference are also sources of pleasure and power, both to be able to enjoy the affectionate bond that can often develop between humans and our animal companions but also to quell the anxiety that might encourage us to exploit and abuse them. (shrink)

Is the “act itself” of separating a pregnant woman and her previable child neither good nor bad morally, considered in the abstract? Recently, Maureen Condic and Donna Harrison have argued that such separation is justified to protect the mother’s life and that it does not constitute an abortion as the aim is not to kill the child. In our article on maternal–fetal conflicts, we agree there need be no such aim to kill (supplementing aims such as to remove). However, (...) we argue that to understand “abortion” as performed only where the death of the child is intended is to define the term too narrowly. Respect for the mother, the fetus, and the bond between them goes well beyond avoiding any such aim. We distinguish between legitimate maternal treatments simply aimed at treating or removing a damaged part of the woman and illegitimate treatments that focus harmfully on the fetal body and its presence within the mother’s body. In obstetrics as elsewhere, not all side effects for one subject of intervention can be outweighed by intended benefits for another. Certain side effects of certain intended interventions are morally conclusive. (shrink)