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)

Introduction: representationalismMost theorists of cognition endorse some version of representationalism, which I will understand as the view that the human mind is an information-using system, and that human cognitive capacities are representational capacities. Of course, notions such as ‘representation’ and ‘information-using’ are terms of art that require explication. As a first pass, representations are “mediating states of an intelligent system that carry information” (Markman and Dietrich 2001, p. 471). They have two important features: (1) they are physically realized, and so (...) have causal powers; (2) they are intentional, in other words, they have meaning or representational content. This presumes a distinction between a representational vehicle—a physical state or structure that has causal powers and is responsible for producing behavior—and its content. Consider the following characterization of a device that computes the addition functionReaders will recognize the similarity t. (shrink)

Much of computational cognitive science construes human cognitive capacities as representational capacities, or as involving representation in some way. Computational theories of vision, for example, typically posit structures that represent edges in the distal scene. Neurons are often said to represent elements of their receptive fields. Despite the ubiquity of representational talk in computational theorizing there is surprisingly little consensus about how such claims are to be understood. The point of this chapter is to sketch an account of the nature (...) and function of representation in computational cognitive models. (shrink)

Many philosophers are sceptical about the power of philosophy to refute commonsensical claims. They look at the famous attempts and judge them inconclusive. I prove that, even if those famous attempts are failures, there are alternative successful philosophical proofs against commonsensical claims. After presenting the proofs I briefly comment on their significance.

Nicholas Shea offers Varitel Semantics as a naturalistic account of mental content. I argue that the account secures determinate content only by appeal to pragmatic considerations, and so it fails to respect naturalism. But that is fine, because representational content is not, strictly speaking, necessary for explanation in cognitive science. Even in Shea’s own account, content serves only a variety of heuristic functions.

Philosophers defend, and often believe, controversial philosophical claims. Since they aren’t clueless, they are usually aware that their views are controversial—on some occasions, the views are definitely in the minority amongst the relevant specialist-experts. In addition, most philosophers are aware that they are not God’s gift to philosophy, since they admit their ability to track truth in philosophy is not extraordinary compared to that of other philosophers. In this paper I argue that in many real-life cases, such beliefs in controversial (...) claims are irrational. This means that most philosophers have irrational philosophical beliefs. (shrink)

Among the cognitive capacities of evolved creatures is the capacity to represent. Theories in cognitive neuroscience typically explain our manifest representational capacities by positing internal representations, but there is little agreement about how these representations function, especially with the relatively recent proliferation of connectionist, dynamical, embodied, and enactive approaches to cognition. In this talk I sketch an account of the nature and function of representation in cognitive neuroscience that couples a realist construal of representational vehicles with a pragmatic account of (...) mental content. I call the resulting package a deflationary account of mental representation and I argue that it avoids the problems that afflict competing accounts. (shrink)

I first argue that, contrary to many atheistic philosophers, there is good reason to think the typical theistic philosopher’s retaining of her theism when faced with the Problem of Evil is comparatively epistemically upstanding even if both atheism is true and the typical theistic philosopher has no serious criticism of the atheist’s premises in the PoE argument. However, I then argue that, contrary to many theistic philosophers, even if theism is true, the typical theistic philosopher has no good non-theistic reasons (...) for rejecting any of the atheist’s premises, and she has good non-theistic reasons in favor of the atheist’s premises. In that respect, it’s extremely difficult for the theistic philosopher to respond to the PoE in an informative, non-question-begging way. I close by considering whether theistic philosophers should reject my second thesis. (shrink)

Short introduction to the epistemology of disagreement.

Although metaphysics has made an impressive comeback over the past half century, there are still a great many philosophers today who think it is bullshit, under numerous precisifications of ‘That’s just bullshit’ so that it’s a negative assessment and doesn’t apply to most philosophy. One encounters this attitude countless times in casual conversations, social media, and occasionally in print. Is it true?

In the philosophy of perception, representationalism is the view that all phenomenological differences among mental states are representational differences, in other words, differences in content. In this paper I defend an alternative view which I call external sortalism, inspired by traditional adverbialism, and according to which experiences are not essentially representational. The central idea is that the external world serves as a model for sorting, conceptualizing, and reasoning surrogatively about perceptual experience. On external sortalism, contents are construed as a kind (...) of gloss on experiences themselves. We can retain what is attractive about representationalism, namely, that perceptual experiences can be evaluated for accuracy, without problematic commitment to the idea that they bear a substantive, representational relation to external objects and properties and that this relation determines the phenomenal character of experience. (shrink)

Successful sports teams are able to adopt what is known as the 'we-perspective,' forming intentions and making decisions, somewhat as a unified mind does, to achieve their goals. In this paper I consider what is involved in establishing and maintaining the we-perspective on a racing sailboat. I argue that maintaining the we-perspective contributes to the success of the boat in at least two ways: (1) it facilitates the smooth execution of joint action; and (2) it increases the chance that individual (...) crew members will exert their best effort in fulfilling their particular roles on the boat. (shrink)

Isn’t there something like an amount and density of horrific suffering whose discovery would make it irrational to think God exists? Use your imagination to think of worlds that are much, much, much worse than you think Earth is when it comes to horrific suffering. Isn’t there some conceivable scenario which, if you were in it, would make you say “Ok, ok. God doesn’t exist, at least in the way we thought God was. We were wrong about that”? Pursuing this (...) question leads to what I call the Problem of Absurd Evil. (shrink)

Representationalism, in its most widely accepted form, is the view that the human mind is an information-using system, and that human cognitive capacities are to be understood as representational capacities. This chapter distinguishes several distinct theses that go by the name "representationalism," focusing on the view that is most prevalent in cogntive science. It also discusses some objections to the view and attempts to clarify the role that representational content plays in cognitive models that make use of the notion of (...) representation. (shrink)

This article argues, first, that there is plenty of agreement among philosophers on philosophically substantive claims, which fall into three categories: reasons for or against certain views, elementary truths regarding fundamental notions, and highly conditionalized claims. This agreement suggests that there is important philosophical progress. It then argues that although it's easy to list several potential kinds of philosophical progress, it is much harder to determine whether the potential is actual. Then the article attempts to articulate the truth that the (...) deniers of philosophical progress are latching on to. Finally, it comments on the significance of the agreement and progress. (shrink)

A new kind of skepticism about philosophy is articulated and argued for. The key premise is the claim that many of us are well aware that in the past we failed to have good responses to substantive objections to our philosophical beliefs. The conclusion is disjunctive: either we are irrational in sticking with our philosophical beliefs, or we commit some other epistemic sin in having those beliefs.

Comments on Karen Neander's A Mark of the Mental.

By pooling together exhaustive analyses of certain philosophical paradoxes, we can prove a series of fascinating results regarding philosophical progress, agreement on substantive philosophical claims, knockdown arguments in philosophy, the wisdom of philosophical belief, the epistemic status of metaphysics, and the power of philosophy to refute common sense. As examples, this Element examines the Sorites Paradox, the Liar Paradox, and the Problem of the Many – although many other paradoxes can do the trick too.

We tend to think that philosophical progress, to the extent that it exists, is a good thing. I agree. Even so, it has some surprising unfortunate consequences for the rationality of philosophical belief.

Researchers in the health sciences regularly discover information of potential health importance unrelated to their object of study in the course of their research. However, there appears to be little guidance available on what researchers should do with this information, known in the scientific literature as incidental findings. The study described here was designed to determine the extent of guidance available to researchers from public sources. This empirical study was part of a larger two-year project funded by the National Human (...) Genome Research Institute to generate guidance on how incidental findings should be managed in human subjects research, especially genetics, genomics, and imaging research. We generated empirical analysis of publicly available guidance and consent forms to help guide a multidisciplinary Working Group of experts in their formulation of normative recommendations reported in this symposium. (shrink)

A common kind of explanation in cognitive neuroscience might be called functiontheoretic: with some target cognitive capacity in view, the theorist hypothesizes that the system computes a well-defined function (in the mathematical sense) and explains how computing this function constitutes (in the system’s normal environment) the exercise of the cognitive capacity. Recently, proponents of the so-called ‘new mechanist’ approach in philosophy of science have argued that a model of a cognitive capacity is explanatory only to the extent that it reveals (...) the causal structure of the mechanism underlying the capacity. If they are right, then a cognitive model that resists a transparent mapping to known neural mechanisms fails to be explanatory. I argue that a functiontheoretic characterization of a cognitive capacity can be genuinely explanatory even absent an account of how the capacity is realized in neural hardware. (shrink)

Philosophers often find themselves in disagreement with contemporary philosophers they know full well to be their epistemic superiors on the topics relevant to the disagreement. This looks epistemically irresponsible. I offer a detailed investigation of this problem of the reflective epistemic renegade. I argue that although in some cases the renegade is not epistemically blameworthy, and the renegade situation is significantly less common than most would think, in a troublesome number of cases in which the situation arises the renegade is (...) blameworthy in her disagreement with recognized epistemic superiors. I also offer some thoughts on what it would mean for philosophical practice for us to refrain from being renegades. Finally, I show how a new kind of radical skepticism emerges from modest theses regarding the renegade. (shrink)

In this essay I try to motivate and formulate the main epistemological questions to ask about the phenomenon of religious disagreement. I will not spend much time going over proposed answers to those questions. I address the relevance of the recent literature on the epistemology of disagreement. I start with some fiction and then, hopefully, proceed with something that has at least a passing acquaintance with truth.

An extended discussion with Frances Kamm about deontology and the methodology of ethical theorizing. (An extended and revised version appears in Alex Voorhoeve, Conversations on Ethics, OUP 2009).).

This is a short essay that presents what I take to be the main questions regarding the epistemology of disagreement.

An analysis of the Third Man Argument, especially in light of Constance Meinwald's book Plato's Parmenides. I argue that her solution to the TMA fails. Then I present my own theory as to what Plato's solution was.

How can imperceptible knowledge such as professional routines in class immediacy be taught? How to express their main principles and their construction in formation? These routines create a sense of security among both students and teachers; it is a frame favouring successful classroom management. They come under the scope of integrated competencies, and this prompts their analysis in view of understanding a central link within initial professionalization. This paper will present the concept of professional routines as an educational practice in (...) regards to professional development, then the conceptual frame, the analytical method, some results followed by a discussion and conclusion. Comment enseigner un savoir imperceptible comme des routines professionnelles dans l’immédiateté de la classe? Comment dégager les principes organisateurs et leur construction en formation ? Pour une gestion de classe efficace, il est essentiel de recourir à des routines professionnelles. Elles soutiennent le sentiment de sécurité tant chez l’enseignant que chez les élèves. Elles relèvent de compétences incorporées, ce qui force à leur analyse pour une articulation phare dans une formation professionnalisante. Nous présenterons le concept des routines professionnelles comme un savoir-faire nécessaire au développement professionnel, le cadre conceptuel, la méthodologie, quelques résultats et la discussion suivie de la conclusion. (shrink)

If you retain your belief upon learning that a large number and percentage of your recognized epistemic superiors disagree with you, then what happens to the epistemic status of your belief? I investigate that theoretical question as well has the applied case of philosophical disagreement—especially disagreement regarding purely philosophical error theories, theories that do not have much empirical support and that reject large swaths of our most commonsensical beliefs. I argue that even if all those error theories are false, either (...) (a) the average philosopher’s true commonsensical beliefs are epistemically impoverished, or (b) a good portion of philosophy is bunk and philosophers should give up most of their error theories despite the fact that their supporting arguments are generally as good as or even better than other philosophical arguments. (shrink)

A common kind of explanation in cognitive neuroscience might be called function-theoretic: with some target cognitive capacity in view, the theorist hypothesizes that the system computes a well-defined function (in the mathematical sense) and explains how computing this function constitutes (in the system’s normal environment) the exercise of the cognitive capacity. Recently, proponents of the so-called ‘new mechanist’ approach in philosophy of science have argued that a model of a cognitive capacity is explanatory only to the extent that it reveals (...) the causal structure of the mechanism underlying the capacity. If they are right, then a cognitive model that resists a transparent mapping to known neural mechanisms fails to be explanatory. I argue that a function-theoretic char-acterization of a cognitive capacity can be genuinely explanatory even absent an account of how the capacity is realized in neural hardware. (shrink)

I’m going to argue for a set of restricted skeptical results: roughly put, we don’t know that fire engines are red, we don’t know that we sometimes have pains in our lower backs, we don’t know that John Rawls was kind, and we don’t even know that we believe any of those truths. However, people unfamiliar with philosophy and cognitive science do know all those things. The skeptical argument is traditional in form: here’s a skeptical hypothesis; you can’t epistemically neutralize (...) it, you have to be able to neutralize it to know P; so you don’t know P. But the skeptical hypotheses I plug into it are “real, live” scientific-philosophical hypotheses often thought to be actually true, unlike any of the outrageous traditional skeptical hypotheses (e.g., ‘You’re a brain in a vat’). So I call the resulting skepticism Live Skepticism. Notably, the Live Skeptic’s argument goes through even if we adopt the clever anti-skeptical fixes thought up in recent years such as reliabilism, relevant alternatives theory, contextualism, and the rejection of epistemic closure. Furthermore, the scope of Live Skepticism is bizarre: although we don’t know the simple facts noted above, many of us do know that there are black holes and other amazing facts. (shrink)

I explain why research in non-applied, non-interdisciplinary, non-historical philosophy is worthwhile. The key move in the explanation is the realization that many philosophical problems can be put in the form of a set of highly plausible yet apparently jointly inconsistent claims regarding a fundamental notion.Export citation.

These days the two most popular approaches to belief ascription are Millianism and Contextualism. The former approach is inconsistent with the existence of ordinary Frege cases, such as Lois believing that Superman flies while failing to believe that Clark Kent flies. The Millian holds that the only truth-conditionally relevant aspect of a proper name is its referent or extension. Contextualism, as I will define it for the purposes of this essay, includes all theories according to which ascriptions of the form (...) ‘S believes that a is F’ and ‘S believes that b is F’, where ‘a’ and ‘b’ are coreferential proper names, may, depending on the context, differ in truth-value even though in those very contexts each ascription relates the same believer to the very same proposition. What the two theories have in common is the claim that names are Millian. What separates the two theories is what they say about belief contexts. In this essay I prove that Millianism is true, Contextualism is true, or our intuitions regarding belief ascriptions are hopelessly inaccurate. As a consequence, my argument is a proof that either names and many general terms are Millian or our intuitions regarding belief ascriptions are hopelessly inaccurate. (shrink)

The literature on material composition has largely ignored the composition of actions and events. I argue that this is a mistake. I present a set of individually plausible yet jointly inconsistent claims regarding the connection between quantification and existence, the composition of physical entities and the logical forms of action sentences.

In this paper I present an interpretation of Immanuel Kant’s transcendental deduction of the categories (a dangerous interpretation it turns out), based primarily on the “two-step” argument of the B deduction of the Critique of Pure Reason. I undertake to show that Kant’s distinction between the “pure forms of intuition” and “pure formal intuition” is successful in its attempt to prove that all sensible intuitions presuppose the a priori categories, in a way which is compatible, I claim, with Kant’s statements (...) (in the Aesthetic and elsewhere) that sensible intuition is prior to all concepts; and therefore that the Transcendental Aesthetic presupposes the Transcendental Analytic. Thus my Interpretation is a "conceptualist" reading of the deduction, in holding that perception, as receptivity, presupposes an underlying spontaneity of the pure understanding and categories. The categories are held to be not just compatible with all possible sensible intuitions, but through their "transcendental content" constitutive of the relation of sensible intuitions to objects - and this explains how our thought can represent objects a priori. It is one of the claims of my interpretation that the logical forms of judgment of general logic derive from the pure categories of transcendental logic, rather than vice-versa. I.e. that the logical forms through which we make empirical judgments by combining analytical concepts in inner sense in time, are originally grounded in an atemporal categorial synthesis in pure intuition (i.e. in the form of time but not the dimension of time), referring an outer intuition in general to the transcendental object of intuition (as “something in general” outside sensibility or receptivity), thereby providing the synthetic unity of the manifold which “..all analysis presupposes.” My conceptualist reading of the deduction, I claim, avoids the problems associated with other conceptualist readings, for example inconsistency with the text (“Intuitions are prior to all concepts.” etc.) and blurring of the distinction between receptivity and spontaneity. In my paper I prove that the categories can correctly be held to provide the a priori unity of intuitions, notwithstanding the fact that the latter are “prior to all concepts,” because this unity is not provided by the categories as fully-fledged concepts in the empirical subject, but as the transcendental logical form of these concepts, as a unity in the pure understanding - and the categories therefore require their empirical content or application for their objective reality as concepts. I.e. the categories, as logical functions of judgment for transcendental apperception, in the pure forms of intuition, are prior to all "concepts", correctly speaking, as well as prior to all intuitions, and provide the necessary unity of both. Likewise, at the empirical level my version of conceptualism cannot be accused of blurring the distinction between receptivity and spontaneity, or sensibility and understanding, because although the transcendental content of the categories, as a logical function of judgment in the pure forms of intuition, in transcendental apperception, is in necessary relation to sensibility (in combining the manifold in the pure or formal representation of the transcendental object) their empirical content is not. - At the empirical level the divide between spontaneity (as judgment in the empirical subject) and receptivity (as the effect of transcendental synthesis and the transcendental object on outer and inner sense) remains intact. Conceptualist readings of the deduction also have to avoid infringing Kant’s requirement that the sensible manifold originally be given prior to and independently of all acts of the understanding, or otherwise to qualify the requirement in some way - e.g. by taking a Hegelian direction, such as that taken by John McDowell. On my reading of the deduction the sensible manifold given indeterminately in the pure forms of space and time must be given prior to the categorial synthesis of the manifold in the pure representation of the transcendental object, i.e. in the pure 'concept' of an object in general affecting sensibility. Therefore Kant’s requirement for an undetermined manifold given prior to, and independently of, all acts of the understanding (“..the manifold to be intuited must be given prior to the synthesis of understanding, and independently of it. How this takes place, remains here undetermined” [cf.B145/146]) is not infringed. In a later section of the paper, however, I will argue that the transcendental object (of intuition) does have pure theoretical reason as one of its two interacting immanent aspects, but is distinct from pure theoretical reason in the other of its (the transcendental object of intuition's) two interacting immanent aspects, i.e. pure will, which adds a Schopenhauerian element to my interpretation (which will be argued for in a way which supports Kantian optimism over Schopenhauerian pessimism however, in regard to the freedom of the will). Another perceived inconsistency in the deduction, which my interpretation can explain, is Kant’s description (in the B deduction) of the principle of the necessary synthetic unity of apperception as analytic, while in the A deduction it is described as synthetic. I explain this as a difference in the reference of terms such as “my representations” in the two versions - a transcendental reference in the B version but an empirical and transcendental reference in the A version of the principle. I also show that the first part of the two-step B deduction can correctly be characterised by Kant as analytic and the second, concluding part, synthetic (a point of dispute amongst Kant scholars) because transcendental logic (which refers to both the analytic and synthetic aspects of the principle of apperception) “does not abstract from the pure content of knowledge.” While being a “double aspect” rather than “two world” view of transcendental Idealism (because objects of intuition are comprised of both the empirical and transcendental object, i.e. transcendental referent, of intuition, my view differs significantly from the “double aspect” interpretation of Henry Allison (which distinguishes empirical reality from the “God’s eye” view). The view of transcendental idealism resulting from my reading of the deduction, I claim, allows a full empirical realism, because empirical intuitions, as objects of cognition, are the appearance of both the transcendental subject and the transcendental object (i.e. transcendental referent ) of transcendental synthesis (both as “something in general” outside sensibility or receptivity, or rather outside sensibility as receptivity). I conclude that Kant succeeds (although only with the addition of what I have called my 'Schopenhauerian element') in his attempt to prove that we have a transcendental unity of apperception which both constitutes, and is constituted by, the relation of sensible representations to objects, and that since transcendental apperception is the a priori underlying ground of empirical apperception, the categories (as the logical functions of judgment by which transcendental apperception relates sensible representations to objects) are the a priori underlying ground of all experience, and are therefore valid synthetically a priori for all objects of experience. (shrink)

ABSTRACT -/- In this dissertation I make a case for how mental health care, specifically disordered eating, is in need of an adjunctive field of discourse, that being theories on philosophy of consciousness, cosmology, and the new epistemology of science based on physics. Without psychological inquiry and education on new theories about consciousness and new perspectives on the nature of reality, mental health treatment is incomplete and outdated. I bring these topics to the eating disorder field in three ways: by (...) choosing the scientific and philosophical discourse to be added into treatment; by translating the complex and abstract topics into psychologically relevant, lay public coursework; and, finally, through the creation of actual processes that help bring the material into direct experience. The science and philosophy discourse topics that will transform disordered eating are presented through lecture, inquiry for consideration, and discussion options. Consciousness, cosmology, and the new epistemology of science based on physics is simplified with examples of how it can be implemented within individual sessions, group sessions, or workshops for disordered eating treatment and with application to other mental health problems. The psychological application of the material is further enhanced through my description of a variety of experiential processes, from writing assignments and guided visualizations to storytelling, rituals, encounters in nature, and embodiment activities. I have created the lectures, inquiry, and experiential processes within a dynamic body of work, named the Emergence Courses, that have been introduced to professionals treating disordered eating and to clients for use. (shrink)

Those of us who take skepticism seriously typically have two relevant beliefs: (a) it’s plausible (even if false) that in order to know that I have hands I have to be able to epistemically neutralize, to some significant degree, some skeptical hypotheses, such as the brain-in-a-vat (BIV) one; and (b) it’s also plausible (even if false) that I can’t so neutralize those hypotheses. There is no reason for us to also think (c) that the BIV hypothesis, for instance, is plausible (...) or probably true. In order to take skepticism seriously it’s sufficient to hold (a) and (b); one need not hold (c). Indeed, philosophers who accept (a) and (b) never endorse (c). Show me a philosopher who suspects that he is a brain in a vat and I’ll show you someone who is deranged! That’s one thing that bothers undergraduates in philosophy. They object: why on earth do some philosophers take the BIV hypothesis to pose any threat at all to our beliefs given that those very same philosophers think that there’s no real chance that the BIV hypothesis is true? Sure, the BIV hypothesis is formally inconsistent with my belief that I have hands, so if the former is true then my belief is false. But so what? Why should that bare inconsistency matter so much? Is this strange attitude amongst philosophers the result of some logic fetish infecting the philosophical community? It is sometimes said that the skeptical hypotheses are not only inconsistent with our beliefs but are explanatory of our experiences, which is supposed to make them more of a threat. But students aren’t fooled: although the skeptical hypotheses may attempt to explain why our experience is as it is, it’s the kind of attempt appropriate for science fiction movies that are all special effects and virtually no plot. No one with any sense of reality will take the evil demon hypothesis to be even tenuously explanatory. (shrink)

Suppose you know that someone is your epistemic peer regarding some topic. You admit that you cannot think of any relevant epistemic advantage you have over her when it comes to that topic; you admit that she is just as likely as you to get P's truth-value right. Alternatively, you might know that she is your epistemic superior regarding the topic. And then after learning this about her you find out that she disagrees with you about P. In those situations (...) it appears that the confidence with which one holds one's belief should be significantly reduced. My primary goal in this essay is to present and reflect upon a set of cases of disagreement that have not been discussed in the literature but are vital to consider. I argue that in the new cases one is reasonable in not lowering one?s confidence in the belief. Then I articulate and defend an ambitious principle, the Disagreement Principle, meant to answer the question 'Under what conditions am I epistemically blameworthy in retaining my belief with the same level of confidence after I have discovered recognized peers or superiors who disagree with me?'. (shrink)

I argue that our expectations for particular evil events, conditional on theism, ought to be informed by our empirical knowledge of history—that is, the history of what God, if God exists, has already allowed to happen. This point is under-appreciated in the literature. And yet if I’m right, this entails that most particular evil events are not evidence against theism. This is a limited but interesting consequence in debates over the evidential impact of evil.

For years philosophers argued for the existence of distinct yet materially coincident things by appealing to modal and temporal properties. For instance, the statue was made on Monday and could not survive being flattened; the lump of clay was made months before and can survive flattening. Such arguments have been thoroughly examined. Kit Fine has proposed a new set of arguments using the same template. I offer a critical evaluation of what I take to be his central lines of reasoning.

Descartes développe, dans ses Principes de la Philosophie, les principes fondateurs de son système construit sur l’identification de la matière à l’espace. L’analyse de ses principes nous invite à repenser le rôle de la métaphysique dans la constitution de la science et permet aussi de comprendre comment les concepts de matière, substance, espace, étendue géométrique, mouvement, infini et vide sont devenus les questions centrales de la science du XVIIe siècle.

In this article I offer a three-pronged defense of Millian theories, all of which share the rough idea that all there is to a proper name is its referent, so it has no additional sense. I first give what I believe to be the first correct analysis of Kripke’s puzzle and its anti-Fregean lessons. The main lesson is that the Fregean’s arguments against Millianism and for the existence of semantically relevant senses (that is, individuative elements of propositions or belief contents (...) that are sensitive to our varying personal conceptions of the referents of those elements) are viciously circular. Thus, the Fregean must give new arguments for her central claims. Second, I offer an original, positive argument for the Millian idea that the thoughts that Cicero was bald and that Tully was bald are identical. Incredibly, the argument appeals to nothing but highly intuitive, pre-theoretical principles regarding folk psychological usage—traditionally the source of Fregean intuitions. Third, I examine one of the most important recent papers on Kripke’s puzzle, that by David Sosa (1996). Sosa claims to have found a way to turn the tables on Kripke’s puzzle by using it to argue against Millian theories. I argue that Sosa’s argument on behalf of the Fregean is question-begging. I conclude that Millian theories can be seriously defended without any use of theoretical constructs such as guises or Russellian propositions, and Fregeans need to start over arguing for their theory’s central claims. (shrink)

We all can identify many contemporary philosophy professors we know to be theists of some type or other. We also know that often enough their nontheistic beliefs are as epistemically upstanding as the non-theistic beliefs of philosophy professors who aren’t theists. In fact, the epistemic-andnon-theistic lives of philosophers who are theists are just as epistemically upstanding as the epistemic-and-non-theistic lives of philosophers who aren’t theists. Given these and other, similar, facts, there is good reason to think that the pro-theistic beliefs (...) of theistic philosophers are frequently epistemically upstanding. Given their impeccable epistemic credentials on non-theistic matters, the amount of careful thought that lies behind their theism, the large size of the community of philosophical theists, as well as other, similar facts, it would be surprising if all or even most of their pro-theistic beliefs were epistemically blameworthy in some or other signicant sense tied to charges such as ‘He should know better than to believe that’ (so mere false belief need not be blameworthy in this sense; the use of ‘blameworthy’ will be claried below). Of course some of the pro-theistic beliefs of some theistic philosophers are epistemically blameworthy; the mere large numbers of fallible theistic philosophers almost guarantees it. My point here is that it would be unexpected if most of the pro-theistic beliefs of theistic philosophers were epistemically blameworthy. (shrink)

Content externalism is the dominant view in the philosophy of mind. Content essentialism, the thesis that thought tokens have their contents essentially, is also popular. And many externalists are supporters of such essentialism. However, endorsing the conjunction of those views either (i) commits one to a counterintuitive view of the underlying physical nature of thought tokens or (ii) commits one to a slightly different but still counterintuitive view of the relation of thought tokens to physical tokens as well as a (...) rejection of realist physicalism. In this essay I reveal the problem and articulate and adjudicate among the possible solutions. I will end up rejecting content essentialism. (shrink)

Cet article se base sur des résultats d’enquête récents montrant que, chez des adolescents marocains âgés de dix à dix-huit ans, les manifestations de pensée critique dialogique se si-tuent majoritairement dans une « perspective épistémologique » appelée « relativisme » par un modèle développemental élaboré dans les quinze dernières années avec la méthode de la théorie ancrée. Pour comprendre ces résultats de recherche, qui contrastent avec ceux obte-nus auprès d’adolescents québécois et français appartenant aux mêmes groupes d’âge, nous décrivons, dans (...) un premier temps, le modèle développemental dans lequel ils prennent sens. Nous illustrons ensuite les manifestations de « perspective épistémologique relativiste » chez les adolescents marocains à l’aide d’extraits de verbatim. Les élèves ont tendance à se décen-trer de leur vécu personnel, à se représenter le point de vue d’autrui en général et à co-construire des points de vue convergents avec les pairs. Dans un deuxième temps, prenant appui sur une approche de la représentation sociale en tant que « scène », et sur la littérature touchant aux rôles des aînés dans les sociétés africaines, nous éclairons ces résultats de re-cherche par l’analyse d’une représentation sociale fréquemment mobilisée par les jeunes Ma-rocains interviewés : celle de la hiérarchie des âges et du devoir d’écoute envers les plus âgés. L’analyse de cette « scène » met en lumière des attitudes sociales inculquées aux adolescents en contexte culturel marocain, susceptibles de favoriser le développement d’une « perspective épistémologique relativiste » en matière de pensée critique dialogique. (shrink)

One of Moore’s paradoxical sentence types is ‘P, but I believe ~P’. Mooreans have assumed that all tokens of that sentence type are absurd in some way: epistemically, pragmatically, semantically, or assertively. And then they proceed to debate what the absurdity really is. I argue that if one has the appropriate philosophical views, then one can rationally assert tokens of that sentence type, and one can be epistemically reasonable in the corresponding compound belief as well.

The Burge-Putnam thought experiments have generated the thesis that beliefs are not fixed by the constitution of the body. However, many philosophers have thought that if this is true then there must be another content-like property. Even if the contents of our attitudes such as the one in ‘believes that aluminum is a light metal’, do not supervene on our physical makeups, nevertheless people who are physical duplicates must be the same when it comes to evaluating their rationality and explaining (...) their actions. I argue that the considerations motivating this view are best handled with just the ordinary ‘that’-clause contents. (shrink)

This is an essay written for students regarding how to write a philosophy paper.