Cabanis’ enucleation of the notion of instinct in his Rapports du physique et du moral de l’homme articulates through a critique of the use of this notion by Étienne Bonnot de Condillac, who would not have recognised the founding role of physiology in human perceptive and intellectual activity. An analysis of Cabanis’ criticism to Condillac and an investigation of the meaning attributed to the notion of instinct by both philosophers allow to individuate in this notion the expression of two different (...) types of materialism. The different position of Cabanis and Condillac on this notion, in fact, reflects the divergence on a series of notions – e.g. reflexion, sensitivity, habitus – which can be traced back to the different aims of their investigations. In addition to highlighting this basic divergence, this paper aims to bring out – especially referring to Condillac’s Logique – some points of contact, of which Cabanis seems not to have considered, concerning the conception of the human body as ‘organisation physique’. (shrink)

In the 17th century the dissemination of philosophical ideas relied also on the critical summaries and reviews published by the journals. The focus of this paper is the reactions of two of these journals – the Journal de Trévoux, edited by the Jesuits of the Parisian Collège Louis Le Grand, and the Journal des Sçavans – to Condillac’s works. The Jesuit journal, under the direction of pére Berthier – probably himself the author of the reviews – had a precise plan (...) in presenting Condillac’s philosophy as an anti-empiricist and anti-materialist doctrine, sometime giving a misrepresentation of the author’s thought, which is also criticized on some points. The decision of the Journal de Trévoux to review the main works of Condillac is anyway worthy of attention, and probably betrays a certain interest toward the more up to date philosophical enquiry. The Journal des Sçavans was on the other hand more faithful in presenting Condillac’s works. (shrink)

A defendant's absence need not be a bar to continuation of his trial for fraud. The.

Corruption deprives people of access to health care and can lead to the wrong treatments being administered. Drug counterfeiting, facilitated by corruption, kills en masse. Cases are recorded of water being substituted for life-saving adrenaline and of active ingredients being diluted by counterfeiters, triggering drug-resistant strains of malaria, tuberculosis and HIV. The poor are disproportionately affected by corruption in the health sector, and cannot afford to pay for private alternatives where corruption has depleted public health services. Analysis of corruption in (...) the health sector of the UK can redress the information imbalance between UK government and service providers and patients. Health is a major global industry, a key responsibility and budget expense for governments and businesses. Corruption deprives people of access to health care and leads to poor health outcomes. (shrink)

This article was born of memories of minority groups' plights in the United Kingdom some decades ago and illustrates how opinions become entrenched in citizens minds mainly due to what they read in the media at the time. Today in the UK we still have much ethnic minority groups suffering plain -/- discrimination at work and in society at large. UK police spent 8 million pounds between years 2000 and 2008 doing footwork to relieve this injustice. Nothing came of it (...) apart from some minor attempts at improvement. Then in 2008 this guidance-seen in Appendix 1 of this article, was published by ACPO. We now have the ongoing minority discrimination, still more overt than covert and we have the new asylum seekers influx expected from Ukraine. This piece attempts to show how little improvement there has been over half a century and visibly over the past two decades. (shrink)

The United Kingdom's Parliamentary Bill 'Fraud Trials (Without a Jury) 2007', failed. Nevertheless, fraud trials without a jury do take place and there is much evidence to support this. Today the UK still does not support fraud trials without a jury, even though fraud in the UK today is the highest amount of fraud globally. The longer version of this paper is submitted here since it has become urgent that UK fraud trials be examined as a matter of urgency. On (...) page 87 of this complete paper (cut down for The Criminal Lawyer in 2008) a U.S study of 46 corporate fraud trials revealed that the defendants were CEOs, President, Chairman, Senior Vice Presidents, Chief Financial Officers, but only one entity reach trial stage. After the ce Arthur Anderson LLP v. United States, 544 U.S. 696 (2005), and the Lehman Brothers SEC case and the SEC v. Bank of America Corp., 653 F. Supp. 2d 507 (S.D.N.Y. 2009, and the Report by the U.S. Financial Crisis Inquiry on the 2008 financial crash, a global financial disaster was predicted and George Osborne, UK Chancellor pleaded for leniency for HSBC Bank frauds, threatening a global meltdown. The U.S. judiciary increased its volume of Deferred Prosecution Agreements and the UK followed suit. So, in year 2022, there is global financial meltdown and the UK has the highest rate of fraud in the world with few successful convictions. This paper is very relevant today as we must stop using deferred prosecution agreements and seek more convictions and harsh jail sentences for those financial fraudsters who have created this meltdown. -/- *When this paper was written, UK fraud was estimated at £40 million and some experts suspected twice that amount. Today UK fraud is in the billions of pounds annually. (shrink)

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

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)

Criminal offences and regulatory breaches in using social networking evidence in personal injury litigation Pages 2-7 Current Criminal Law ISSN 1758-8405 Volume 2 Issue 3 March 2010 Author SALLY RAMAGE WIPO 900614 UK TM 2401827 USA TM 3,440.910 Orchid ID 0000-0002-8854-4293 Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. 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 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. Trade Mark SALLY RAMAGE ® 2401827 (2005-2025) in the UK, WIPO Trade Mark SALLY RAMAGE® 900164; USA-(Trade Mark 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. Essentially, Social Network information may not always be admissible in a court of law but may be the door to lead to other, non-contentious evidence. In fact, even illegally obtained evidence may sometimes be admissible evidence, though this is not absolute. Most of the information available on social networking sites will be ‘personal data’. The data controller is the network operator, without whose consent, collecting such information could be an offence, unless it was necessary for the purpose of preventing or detecting crime. (shrink)

The thought that empathy plays an important role in moral motivation is almost a platitude of contemporary folk psychology. Parallel themes were mooted in German moral philosophy and aesthetics in the 1700s, and versions of the empathy construct remained prominent in continental accounts of moral motivation through the nineteenth century and early twentieth centuries. This chapter elucidates the Empathic Motivation Hypothesis (EMH) and sets out some of the conceptual and empirical challenges it faces. It distinguishes empathic concern from other dimensions (...) of empathy (e.g., resonance, attunement, distress, and non-empathic concern) and examines the merits of EMH as a developmental thesis, focusing on evidence from psychopathology and attachment theory. (shrink)

This articvle describes the fire, its probable cause and corporate criminal responsibility -whether reckless manslaughter or criminal act manslaughter.

Expert2 evidence is admissible only if it provides the court with scientific information likely to be outside the experience and knowledge of a judge or jury. In other words, expert evidence will be restricted to that which in the opinion of the court is necessary to assist the court to resolve the proceedings.3 This particular case must be urgently considered by the Criminal Appeals Review Commission as it becomes apparent that the court of appeal decision is flawed, not surprising when (...) one considers the mountain of miscarriages of justice in the United Kingdom criminal justice system. (shrink)

Wittgenstein’s concepts shed light on the phenomenon of schizophrenia in at least three different ways: with a view to empathy, scientific explanation, or philosophical clarification. I consider two different “positive” wittgensteinian accounts―Campbell’s idea that delusions involve a mechanism of which different framework propositions are parts, Sass’ proposal that the schizophrenic patient can be described as a solipsist, and a Rhodes’ and Gipp’s account, where epistemic aspects of schizophrenia are explained as failures in the ordinary background of certainties. I argue that (...) none of them amounts to empathic-phenomenological understanding, but they provide examples of how philosophical concepts can contribute to scientific explanation, and to philosophical clarification respectively. (shrink)

This review is republished to illustrate how important this book is to us today, with legislation and caselaw additions as follows: UK Anti-terrorism, Crime and Security Act 2001; UK Contempt o Court Act 1981; UK Obscene Publications Act 1964; UK Perjury Act 1911; UK Police Misconduct Regulations 1999; UK Prevention o Corruption Act 1996; UK Fraud Act 2006; UK Bribery Act 2010; UK Prevention o Corruption Act 1926; UK Public Bodies Corrupt Practices Act 1889; and UK Terrorism Act 2000. Case (...) law includes: R v Bellum [1989]; R v Dryden [1995]; R v Kiin [1994]; R v Loosley [2002]; the Steven Lawrence murder case; and Tsang Ping-nam v R [1981]. (shrink)

There are many different meanings of sustainability and precaution and no evident connection between the new normative concepts and the traditional moral theories. We seek an ethical basis for sustainability and precaution—a common framework that can serve as a means of resolving the conceptual ambiguities of the new normative concepts and the conflicts between new and traditional moral concepts and theories. We employ a systemic approach to analyze the past and possible future extension of ethics and establish an inclusive framework (...) of ethical extension. This framework forms the basis for what we call a systemic ethic. (shrink)

O presente trabalho visa apresentar a solução dada por Santo Agostinho ao problema do mal, aliado à aparente contraditoriedade entre a presciência de Deus e a liberdade humana. Para isto, será útil como bibliografia principal do filósofo sua obra De libero arbitrio, um livro em forma de diálogo onde o pensador esclarece suas posições acerca do livre-arbítrio e da presciência divina.

Resumo: A crise na União Europeia e os programas de austeridade subsequentes fizeram emergir uma miríade de movimentos sociais, diversos na sua natureza e nos seus propósitos. O que se pretende aferir neste artigo é a relação e a conexão existentes entre o Estado, o poder económico, a sociedade civil e os movimentos sociais neste contexto específico de crise. Procuraremos, nesta breve abordagem, explanar alguns elementos de originalidade intrínsecos aos movimentos sociais hodiernos, patentes na sua forma de participação e organização, (...) assim como aplicar estas questões teóricas relevantes ao contexto português. A parte empírica, dada a escassez de estudos de caso existentes, será apoiada no último inquérito do European Social Survey, de 2012. Analisando um conjunto de perguntas aí explícitas, podemos compreender, de forma indirecta, algumas das dinâmicas que caracterizam estes movimentos. Abstract: The crisis in the European Union and the subsequent austerity programs have unleashed a myriad of social movements, diverse in its nature and purpose. The purpose of this paper is to assess the relationship and connection between the State, economic power, civil society and social movements in this specific context of crisis. We will try, in this brief approach, to explain some elements of originality intrinsic to modern social movements, evident in their form of participation and organization, as well as to apply these theoretical questions relevant to the Portuguese context. The empirical part, given the paucity of existing case studies, will be supported in the last survey of the European Social Survey of 2012. By analyzing a set of questions explicit there, we can, indirectly, understand some of the dynamics that characterize these movements. (shrink)

Shedding light on the political power and oppressive potential of language, theories of illocutionary silencing and discursive injustice show how gender, class and race can shape the pragmatics of speech, limiting in some circumstances the speaker’s ability to do things with her words. This article takes a close look at discursive injustice in trials for gender-based violence in connection with the phenomenon of misogyny. It argues that in the courtroom the testimony of the complainant is sometimes silenced by a sexist (...) ideology used in service of misogynistic ends. In particular, it argues that sexist social meanings can sometimes be enacted by the judge and accommodated by prosecutors, figuring as a component of the score in the language game of the trial and thus 1) determining what counts as sexual violence and 2) preventing complainants from making the moves they intend to make. (shrink)

De uma perspectiva comportamentalista radical, o eu é um repertório verbal complexo, que, como tal, tem uma gênese social. O reconhecimento da origem social do “eu” abre caminho para uma análise política, incluindo uma discussão do pa- pel das relações de poder na constituição do eu. Entretanto, uma concepção radicalmente social do “eu”, como a proposta pelo comportamentalismo, suscita um problema político: se o eu é integralmente produto do ambiente social, de onde viria uma eventual “vontade” de romper com esse (...) sistema? Parece que para reconhecer a possibilidade de ação política transformadora seria preciso preservar uma noção descontextualizada de “eu”. Considerando essa dificuldade, o objetivo deste artigo é propor uma interpretação política da constituição do “eu” no âmbito do comportamentalismo radical, mantendo no horizonte a possibilidade de uma ação política transformadora. Para tanto, destacamos como “eus” oprimidos são tornados submissos, mas também como de certas contingências podem emergir “eus” subversivos, que se opõem a um sistema social opressivo. Esse “eu” subversivo é caracterizado por um repertório de autoconhecimento mais amplo, que inclui a discriminação do papel das relações de poder e do controle promovido por instituições. Concluímos, com isso, que um “eu” socialmente constituído pode ser politicamente ativo. (shrink)

Prioritarianism is a variant of utilitarianism. It differs from utilitarianism in that benefiting individuals matters more the worse off these individuals are. On this view, there are two standard ways of handling risky prospects: Ex-Post Prioritarianism adjusts for prioritizing the worse off in final outcomes and then values prospects by the expectation of the sum total of those adjusted values, whereas Ex-Ante Prioritarianism adjusts for prioritizing the worse off on each individual's expectation and then values prospects by the sum total (...) of those adjusted expectations. A standard objection to Ex-Post Prioritarianism is that it violates Ex-Ante Pareto, that is, it prescribes choices that worsen the expectations for everyone. In this article, I argue that Ex-Ante Prioritarianism suffers from much the same problem: it violates a sequential version of Ex-Ante Pareto, that is, it prescribes sequences of choices that worsen the expectations for everyone. (shrink)

Traditional approaches to conflict are oriented towards establishing (or re-establishing) consensus, either in the form of a resolution of the conflict or in the form of an ‘agree-to-disagree’ standstill between the stakeholders. In this paper, we criticize these traditional approaches, each for specific reasons, and we propose and develop the agonistic approach to conflict. Based on Chantal Mouffe’s agonistic democratic theory, the agonistic approach to conflict is more welcoming of dissensus, replacing discussion stoppers with discussion starters and replacing standstills with (...) contestation. We illustrate such replacements and develop this approach, we analyse technological conflicts in a concrete R&D setting: the global hydrogen economy. From this context, we focus on the conflict between the proponents of blue hydrogen (drawn from fossil fuels) and those of green hydrogen (created through electrolysis). We conclude by highlighting the advantage of the agonistic approach but also drawing attention to its own specific risk, namely, antagonism. (shrink)

This paper is inspired by and develops on E. J. Lowe’s work, who writes in his book The Possibility of Metaphysics that ‘metaphysical possibility is an inescapable determinant of actuality’ (1998: 9). Metaphysics deals with possibilities – metaphysical possibilities – but is not able to determine what is actual without the help of empirical research. Accordingly, a delimitation of the space of possibilities is required. The resulting – controversial – picture is that we generally need to know whether something is (...) possible before we can know whether it is actual. In order to appreciate this picture, we need to understand Lowe’s slogan: ‘essence precedes existence’ (Lowe 2008: 40). This slogan has both an ontological and an epistemic reading. The ontological reading is related to the now familiar idea that essence grounds modality, as popularised by Kit Fine. The epistemic reading suggests that we can know the essence of some entity before we know whether or not that entity exists. However, this idea is often met with puzzlement and Lowe himself sadly passed away before he had a chance to clarify this framework. I will present the framework as I understand it, develop it on my own terms, and put forward a qualified defence of it. I will also illustrate how the framework can be put to use with a case study concerning the discovery of transuranic elements. (shrink)

Este ensaio estabelece uma comparação estética e fenomenológica entre os pensamentos de Yves-Klein e Merleau-Ponty. Se o pintor materializou as suas reflexões e concepções em obra pictórica, o fenomenólogo francês dissertou na escrita filosófica o resultado da sua reflexão. Da análise conjunta entre um e outro resulta esta fenomenologia e estética comparativa que apresenta alguns conceitos fundamentais que alimentaram essas reflexões, tais como a visibilidade, o corpo, o mundo. Assim, para além dessa comparação, este ensaio viabiliza o diálogo entre ambos. (...) Palavras-chave: Corpo. Mundo. Visibilidade. Merleau-Ponty. Yves Klein -/- Abstract:This essay establishes an aesthetic and phenomenological comparison between the thoughts of Yves-Klein and Merleau-Ponty. If the painter materialized his reflections and concepts in pictorial work, the French phenomenologist disserted in the philosophical writing the result of his reflection. From the joint analysis between one and the other, this phenomenology and comparative aesthetics results, which presents some fundamental concepts that fed these reflections such as visibility, the body, the world. Thus, in addition to this comparison, this essay enables the dialogue between both. Keywords: Body. World. Visibility. Merleau-Ponty. Yves Klein. (shrink)

Recently, the concept of "gender identity" has enjoyed a great deal of attention in gender metaphysics. This seems to be motivated by the goal of creating trans-inclusive theory, by explaining trans people's genders. In this paper, we aim to unmotivate this project. Notions of "gender identity" serve important pragmatic purposes for trans people, such as satisfying the curiosity of non-trans people, and, relatedly, securing our access to important goods like legal rights and medical care. However, we argue that this does (...) not mean that "gender identity" is a metaphysically substantial thing that deserves extensive theoretical attention. There are reasons to be skeptical of such a concept. We trace the history of "gender identity," primarily to identify its roots in trans-antagonistic medical theory and its connections to the problematic "wrong-body" model--a legacy that has pathologized and flattened trans experience. Moreover, we argue that trans people primarily use "gender identity" to explain ourselves to non-trans people, rather than to discuss ourselves among ourselves. Thus, we urge theorists to resist the urge to substantiate gender identity. Instead, we encourage the development of new and better concepts, ones that attend to the lived realities of trans community and the flourishing gender terms and practices that are constructed there. If these lived realities are taken seriously, there is no need to “explain” trans people’s genders; we can simply see them as they are. (shrink)

Logical realism is a view about the metaphysical status of logic. Common to most if not all the views captured by the label ‘logical realism’ is that logical facts are mind- and language-independent. But that does not tell us anything about the nature of logical facts or about our epistemic access to them. The goal of this paper is to outline and systematize the different ways that logical realism could be entertained and to examine some of the challenges that these (...) views face. It will be suggested that logical realism is best understood as a metaphysical view about the logical structure of the world, but this raises an important question: does logical realism collapse into standard metaphysical realism? It will be argued that this result can be accommodated, even if it cannot be altogether avoided. (shrink)

The role of imagination in Descartes. The critic of Sartre to the concept of image in Descartes.

In this article, I examine the moral dimensions of gender affirmation. I argue that the moral value of gender affirmation is rooted in what Iris Murdoch called loving attention. Loving attention is central to the moral value of gender affirmation because such affirmation is otherwise too fragile or insincere to have such value. Moral reasons to engage in acts that gender affirm derive from the commitment to give and express loving attention to trans people as a way of challenging their (...) marginalization. In the latter part of the paper, I will discuss how my arguments bear on recent arguments by Robin Dembroff and Daniel Wodak (2018) on the use of gender-neutral language. They argue that we have a duty not to use gender-specific pronouns for anyone. Their conclusion turns, in part, on a rejection of gender affirmation as a moral duty. The value of gender affirmation, rooted in our moral perception of trans people, should make us skeptical of this conclusion, in favor of a more nuanced and pluralistic approach to the ethics of gendering. (shrink)

Causal closure arguments against interactionist dualism are currently popular amongst physicalists. Such an argument appeals to some principles of the causal closure of the physical, together with certain other premises, to conclude that at least some mental events are identical with physical events. However, it is crucial to the success of any such argument that the physical causal closure principle to which it appeals is neither too strong nor too weak by certain standards. In this paper, it is argued that (...) various forms of naturalistic dualism, of an emergentist character, are consistent with the strongest physical causal closure principles that can plausibly be advocated. (shrink)

One’s constitution—whether one is generous or miserly, temperate or intemperate, kind or mean, etc.—is beyond one’s control in significant respects. Yet one’s constitution affects how one acts. And how one acts affects one’s moral standing. The counterintuitive inference—the so-called problem of constitutive moral luck—is that one’s moral standing is, to some significant extent, beyond one’s control. This article grants the premises but resists the inference. It argues that one’s constitution should have no net impact on one’s moral standing. While a (...) bad constitution lowers the chance that one will act morally, it offers significant gains to moral standing should that chance materialize. A good constitution increases one’s chance of performing good acts but for correspondingly more modest gains. This effect should smooth out, and possibly eliminate, the expected impact of constitution on moral standing. (shrink)

When we perceive an object, we perceive the object from a perspective. As a consequence of the perspectival nature of perception, when we perceive, say, a circular coin from different angles, there is a respect in which the coin looks circular throughout, but also a respect in which the coin's appearance changes. More generally, perception of shape and size properties has both a constant aspect—an aspect that remains stable across changes in perspective—and a perspectival aspect—an aspect that changes depending on (...) one's perspective on the object. How should we account for the perspectival aspect of spatial perception? We present a framework within which to discuss the perspectival aspect of perception and put forward three desiderata that any account of the perspectival aspect of perception should satisfy. We discuss views on which the perspectival aspect of perception is analyzed in terms of constitutively mind-dependent appearance properties as well as views on which the perspectival aspect of perception is analyzed in terms of representations of mind-independent perspectival properties. (shrink)

The ability to perceive the shapes of things as enduring through changes in how they stimulate our sense organs is vital to our sense of stability in the world. But what sort of capacity is shape constancy, and how is it reflected in perceptual experience? This paper defends a pluralist account of shape constancy: There are multiple kinds of shape constancy centered on geometrical properties at various levels of abstraction, and properties at these various levels feature in the content of (...) perceptual experience, governing patterns of apparent shape similarity. I propose that the varieties of shape constancy are subserved by the syntactic complexity of perceptual shape representations. By assigning discrete constituents to various abstract shape parameters, these representations attune us to the preservation of certain abstract shape properties through changes in more determinate shape properties. Finally, I draw broader lessons concerning the nature and function of perceptual constancy. (shrink)

This chapter introduces and defends a pragmatist model of aesthetic disagreement that avoids many of the philosophical puzzles generated by the traditional, semantic, approach. Mainstream philosophical inquiry into aesthetic disagreement begins with a rather innocuous assumption: to understand what’s going on we must first explain what disputants are saying, which involves identifying the meaning of the relevant expressions or determining how aesthetic claims could be true. However, this task brings with it a new host of semantic and epistemic puzzles and (...) fails to vindicate the central role aesthetic disagreements occupy in our aesthetic lives more generally. Further, it isn’t clear how settling the meaning of aesthetic expressions bears on everyday aesthetic disagreements. Paying attention to what we do in an aesthetic disagreement will give us a better chance at identifying what matters for determining what we say. (shrink)

We argue that the trend toward providing users with feasible and actionable explanations of AI decisions—known as recourse explanations—comes with ethical downsides. Specifically, we argue that recourse explanations face several conceptual pitfalls and can lead to problematic explanation hacking, which undermines their ethical status. As an alternative, we advocate that explanations of AI decisions should aim at understanding.

This chapter examines how our sense modalities interact in the perception of persistence. The chapter concentrates on two questions. The first concerns perceptual processing—do perceptual computations of object persistence ever integrate and compute over representations from more than one modality? It argues that this question should be answered affirmatively. The second question concerns perceptual experience—do experiences of object persistence ever exhibit a constitutively multisensory phenomenal character, or is the phenomenology of object persistence always uniquely associated with just one modality? The (...) chapter argues that the available evidence underdetermines the answer to this question, but suggests ways it might be empirically resolved. (shrink)

There is a widespread belief that for their own safety and for the protection of wildlife, cats should be permanently kept indoors. Against this view, I argue that cat guardians have a duty to provide their feline companions with outdoor access. The argument is based on a sophisticated hedonistic account of animal well-being that acknowledges that the performance of species-normal ethological behavior is especially pleasurable. Territorial behavior, which requires outdoor access, is a feline-normal ethological behavior, so when a cat is (...) permanently confined to the indoors, her ability to flourish is impaired. Since cat guardians have a duty not to impair the well-being of their cats, the impairment of cat flourishing via confinement signifies a moral failing. Although some cats assume significant risks and sometimes kill wild animals when roaming outdoors, these important considerations do not imply that all cats should be deprived of the opportunity to access the outdoors. Indeed, they do not, by themselves, imply that any cat should be permanently kept indoors. (shrink)

A prominent view holds that perception and memory are distinguished at least partly by their temporal orientation: Perception functions to represent the present, while memory functions to represent the past. Call this view perceptual presentism. This chapter critically examines perceptual presentism in light of contemporary perception science. I adduce evidence for three forms of perceptual sensitivity to the past: (i) shaping perception by past stimulus exposure, (ii) recruitment of mnemonic representations in perceptual processing, and (iii) perceptual representation of present objects (...) as possessing past properties. I argue that forms (i) and (ii) are consistent with perceptual presentism, while form (iii) poses a genuine threat to the view. While the empirical case for form (iii) remains inconclusive, I suggest that the most serious challenges to perceptual presentism derive from representations that integrate mnemonic and present-tensed elements in the performance of canonical perceptual functions, such as perceiving object continuity over time. (shrink)

There are two aims of this paper: (1) to explore the affective dimensions of moral shock and how it relates to normative marginalization of those furthest from dominant society, but also, more specifically; (2) to articulate the trans experience of constantly being under moral attack because the dominant “world” normatively defines you out of existence. Toward these ends, I build on Katie Stockdale’s recent work on moral shock, arguing that moral shock needs to be contextualized to “worlds” of sense to (...) understand how marginalized people affectively experience shocking events. My focus is the trans experience of moral shock due to the way trans people are positioned outside of dominant society, creating the conditions to experience cyclical, chronic shock. These affective conditions point to a collective responsibility to ease the affective stress that the most marginalized experience. (shrink)

Marr’s seminal distinction between computational, algorithmic, and implementational levels of analysis has inspired research in cognitive science for more than 30 years. According to a widely-used paradigm, the modelling of cognitive processes should mainly operate on the computational level and be targeted at the idealised competence, rather than the actual performance of cognisers in a specific domain. In this paper, we explore how this paradigm can be adopted and revised to understand mathematical problem solving. The computational-level approach applies methods from (...) computational complexity theory and focuses on optimal strategies for completing cognitive tasks. However, human cognitive capacities in mathematical problem solving are essentially characterised by processes that are computationally sub-optimal, because they initially add to the computational complexity of the solutions. Yet, these solutions can be optimal for human cognisers given the acquisition and enactment of mathematical practices. Here we present diagrams and the spatial manipulation of symbols as two examples of problem solving strategies that can be computationally sub-optimal but humanly optimal. These aspects need to be taken into account when analysing competence in mathematical problem solving. Empirically informed considerations on enculturation can help identify, explore, and model the cognitive processes involved in problem solving tasks. The enculturation account of mathematical problem solving strongly suggests that computational-level analyses need to be complemented by considerations on the algorithmic and implementational levels. The emerging research strategy can help develop algorithms that model what we call enculturated cognitive optimality in an empirically plausible and ecologically valid way. (shrink)

As a counter-argument to Moore's "Refutation of Idealism," this article explains how the application of non-dualistic idealism reveals the underlying problem in both narrowly defined "esse is principi" brands of idealism and Moore's realism. The issue at hand, this article suggests, is the presupposition that experience naturally forks off into subjective consciousness and particular objects of consciousness. Rather than agree with either Moore or dualistic forms of idealism, the Vedanta-inspired view set forth in this article provides a third option to (...) reject the ontological commitments of the former two philosophical stances. This third stance suggests that reality amounts to consciousness, and, thus, motivates the conclusion that modes of consciousness are what differentiate experience, not the bifurcation of experience into subject and object. (shrink)

With increased visibility of trans people comes increased philosophical interest in gendered language. This chapter aims to look at the research on gendered language in analytic philosophy of language so far, which has focused on two concerns: (1) determining how to define gender terms like ‘man’ and ‘woman’ such that they are trans inclusive and (2) if, or to what extent, we should use gendered language at all. We argue that the literature has focused too heavily on how gendered language (...) can harm trans people, and has not considered how trans people use gendered language to create meaning and joy for ourselves. Pulling from the literature in sociolinguistics, we look at examples of how trans people use language to make their lives better by gaining recognition, playing with gendered language, finding joy in gendered language, and taking control of definitional power, concluding that debates about gendered language need to consider not only how such language harms trans people but also how trans people use it for our own liberation. (shrink)

Abstract: Alienation and slavery from Precious or what we don't want to see. It is our purpose to establish, in a parallel reading, these two films (highly rewarded), namely The Fence and Precious, that apparently being so different, are an illustration of the reality of life and the modern democratic world: the social uprooting and slavery. If in the movie of Phillip Noyce and Christone Olsen The Fence, is told a story of three young Aboriginal girls who are forcibly taken (...) to be transformed into domestic slaves, in the movie of Lee Daniels Precious, the young woman is already a servant in her own home and seeks the transformation of her life. Uniting these two stories, we find fundamental elements: illiteracy, ill-treatment, the idea of a migration (real or metaphysical), among others, but whose fundamental notion is the journey. If the film The Fence, the fence itself is used to conduct the three young Aboriginal to a real reunion with the family, in Precious, the metaphorical ‘fence’ is the limit of her world. From this interpretation, we will undertake our reflection about what we consider to be the alienation of the modern world and the silence we produce about them. (shrink)

This article develops a view of shape representation both in visual experience and in subpersonal visual processing. The view is that, in both cases, shape is represented in a ‘layered’ manner: an object is represented as having multiple shape properties, and these properties have varying degrees of abstraction. I argue that this view is supported both by the facts about visual phenomenology and by a large collection of evidence in perceptual psychology. Such evidence is provided by studies of shape discriminability, (...) apparent motion, multiple-object tracking, and structure-from-motion. Recent neuroscientific work has also corroborated this psychophysical evidence. Finally, I draw out implications of the layered view for processes of concept acquisition. 1 Introduction2 Metric Properties andShape Properties3 Metric Views4 Against Metric Views of Visual Shape Experience5 The Visual System Uses Abstract Shape Properties6 Against Metric Views of Visual Shape Representation7 Neural Underpinnings of Abstract Shape Perception8 Implications. (shrink)

Philosophers of race and other writers in the Black and Latinx intellectual traditions have remarked on what it is like to live under “the racial gaze,” to be shaped and limited by the way whites perceive us. However, little work has been spent developing how the racial gaze functions in whites’, and other racially privileged people’s, moral psychology. I argue in this paper that there is a morally objectionable way of perceiving people of color. This claim builds on an insight (...) from Iris Murdoch that our perception can be morally evaluable and extends it to issues of race. I articulate how racial stereotypes and misvaluing distort one’s perception of people of color and that these distortions are organizing around a dominant conception for race that plays an important role in the oppression of people of color. I believe understanding racist perception lays a foundation for understanding the moral dimensions of interpersonal (as opposed to structural) racism. (shrink)

Contrary to what he expected, Primo Levi didn’t experience his life after being released from Auschwitz as cheerful and light-hearted. He – like many other survivors – was haunted by an obscure and solid anguish. It took some effort for him to discern the object or source of this anguish. He finally identified it as springing from a sense of shame or guilt in front of the drowned, that is, of those who were exterminated in the Lager. He could not (...) determine, however, whether his shame or guilt was at all rational. In this paper l examine Levi’s shame in light of what I regard as the dominant conception of practical deliberation, according to which principles and emotional detachment are central to our ability to deliberate appropriately. This conception underlies the role that John Rawls ascribes to the original position in the determination of the fundamental principles of justice. Deliberation in the original position is supposed to abstract away from any particular moral situations that one may actually have faced, since these are purely circumstantial elements to be discarded as both irrelevant and misleading for a proper deliberation on the principles of justice. In this paper, I intend both to make a case against the conception of practical deliberation on which Rawls’ original position relies and to vindicate the rationality of Levi’s shame, once some well-entrenched assumptions are brought to light and challenged. (shrink)

Ask most philosophers for an example of a moral rationalist, and they will probably answer “Kant.” And no wonder. Kant’s first great work of moral philosophy, Groundwork of the Metaphysics of Morals, opens with a clarion call for rationalism, proclaiming the need to work out for once a pure moral philosophy, a metaphysics of morals. That this metaphysics includes the first principle of ethics, the moral law, is obvious. But what about the second principles, particular moral laws, such as duties (...) of truthfulness, beneficence, etc.? Are these principles metaphysical too? Many have thought not, since they make essential use of empirical and anthropological considerations. I argue otherwise; the second principles are metaphysical and this matters. I do this by taking seriously the metaphysics of the metaphysics of morals—more specifically, by understanding the metaphysics of morals alongside the metaphysics of nature. For, qua metaphysics, both employ a common two-stage methodology, the first stage of which is wholly a priori but the second stage of which is partly empirical. As I explain, appreciating this common methodology sheds new light on how the second principles are to be established, as well as on the reach of Kant’s rationalism. (shrink)

Animal ethicists have recently debated the ethical questions raised by disenhancing animals to improve their welfare. Here, we focus on the particular case of breeding hens for commercial egg-laying systems to become blind, in order to benefit their welfare. Many people find breeding blind hens intuitively repellent, yet ‘welfare-only’ positions appear to be committed to endorsing this possibility if it produces welfare gains. We call this the ‘Blind Hens’ Challenge’. In this paper, we argue that there are both empirical and (...) theoretical reasons why even those adopting ‘welfare-only’ views should be concerned about breeding blind hens. But we also argue that alternative views, which (for example) claim that it is important to respect the telos or rights of an animal, do not offer a more convincing solution to questions raised by the possibility of disenhancing animals for their own benefit. (shrink)

There is a long tradition in philosophy and literary theory defending the view that engagement with literature promotes readers’ empathy. Until the last century, few of the empirical claims adduced in that tradition were investigated experimentally. Recent work in psychology and neuropsychology has now shed new light on the interplay of empathy and literature. This article surveys the experimental findings, addressing three central questions: What is it to read empathically? Does reading make us more empathic? What characteristics of literature, if (...) any, affect readers’ empathy? While experimental studies have delivered no conclusive answers to these questions, it has exposed their psychological complexity and constructed a more nuanced picture of the diverse ways in which literature interacts with our empathic capacities. (shrink)