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).).

Abortion bans have been characterized as cruel especially in not allowing exceptions for rape or incest. The article first examines one approach to morally justifying bans based on the Doctrine of Double Effect (DDE) which distinguishes morally between killing or letting die intending death versus doing so only foreseeing death. It then presents some criticisms of the implications of the DDE but also argues that what the doctrine permits helps provide a ground for the permissibility of abortions even if the (...) fetus is a person. Whether there are limits on applying this argument is also considered. In conclusion, the article considers whether and why not permitting exceptions to bans for rape and incest is cruel and whether cruelty is a ground for opposition to bans. (shrink)

Can we ever truly answer the question, “Who am I?” Moderated by Alex Voorhoeve (London School of Economics), neuro-philosopher Elie During (University of Paris, Ouest Nanterre), cognitive scientist David Jopling (York University, Canada), social psychologist Timothy Wilson (University of Virginia),and ethicist Frances Kamm (Harvard University) examine the difficulty of achieving genuine self-knowledge and how the pursuit of self-knowledge plays a role in shaping the self.

This article considers some different views of fairness and whether they conflict with the use of a version of Cost Effectiveness Analysis (CEA) that calls for maximizing health benefits per dollar spent. Among the concerns addressed are whether this version of CEA ignores the concerns of the worst off and inappropriately aggregates small benefits to many people. I critically examine the views of Daniel Hausman and Peter Singer who defend this version of CEA and Eric Nord among others who criticize (...) it. I come to focus in particular on the use of CEA in allocating scarce resources to the disabled. (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)

Many people with religious beliefs, pro or con, are aware that those beliefs are denied by a great number of others who are as reasonable, intelligent, fair-minded, and relatively unbiased as they are. Such a realization often leads people to wonder, “How do I know I’m right and they’re wrong? How do I know that the basis for my belief is right and theirs is misleading?” In spite of that realization, most people stick with their admittedly controversial religious belief. This (...) entry examines the epistemology of such belief retention, addressing issues of disagreement, agnosticism, skepticism, and the rationality of reflective religious belief. (shrink)

Product structures are represented in engineering models by depicting and linking components, features and assemblies. Their understanding requires knowledge of both design and manufacturing practices, and yet further contextual reasoning is needed to read them correctly. Since these representations are essen- tial to the engineering activities, the lack of a clear and explicit semantics of these models hampers the use of information systems for their assessment and exploita- tion. We study this problem by identifying different interpretations of structure rep- resentations, (...) and then discuss the formal properties that a suitable language needs for representing components, features and combinations of these. We show that the representation of components and features require a non-standard mereology. (shrink)

This is the first complete English translation and publication of Donoso’s carta de 24 de octubre, 1851, a letter encapsulating many of his views on revolution and decision. This remarkable letter, sent as a diplomatic missive while he was serving the Spanish crown in Paris, describes how Napoleon III––stuck between the 1848 constitution’s prohibition against his election and his impending coup that will crown him emperor––must gain the support of the liberal bourgeoise middle class if he is to maintain his (...) rule over France. The letter is also of great importance to Donoso and Schmitt scholars because it contains the first and only time Donoso uses the complete term “las clases discutidoras,” which, through Schmitt’s injudicious and repeated misspellings as “una clasa discutidora” has become famous for its characterization of the liberal bourgeoisie as the “discussing” or “disputing” class that is incapable of action at the precise historical moment when a decision is most direly needed to save the constitution from inner or outer existential threats. (shrink)

Geoffrey V. Sutton, Science for a Polite Society: Gender, Culture, and the Demonstration of Enlightenment (Boulder, CO: Westview Press, 1995), xiii + 391 pp., ISBN 0-8133-1575-1. -/- Christian Licoppe, La formation de la pratique scientifique: le discours de l’expe´rience en France et en Angleterre (1630–1820) (Paris: Editions de la de´ couverte, 1996), 346 pp., ISBN 2-7071-2530-X.

In light of new historical evidence regarding ethnomycologist R. Gordon Wasson’s correspondence with art historian Erwin Panofsky, this article provides an in-depth analysis of the presence of entheogenic mushroom images in Christian art within the context of the controversy between Wasson and philologist John Marco Allegro over the identification of a Garden of Eden fresco in the 12th century Chapel of Plaincourault in France. It reveals a compelling financial motive for Wasson’s refusal to acknowledge that this fresco represents Amanita muscaria, (...) as well as for Wasson’s reluctance to pursue his hypothesis regarding the entheogenic origins of religion into Christian art and artifacts. While Wasson’s view – that the presence of psychoactive mushrooms in the Near and Middle East ended around 1000 BCE – prevailed and stymied research on entheogens in Christianity for decades, a new generation of 21st century researchers has documented growing evidence of A. muscaria and psilocybin-containing mushrooms in Christian art, consistent with ethnobotanist Giorgio Samorini’s typology of mushroom trees. This article presents original photographs, taken during fieldwork at churches and cathedrals throughout Europe and the Middle East, that confirm the presence of entheogenic mushrooms in Christian art: in frescoes, illuminated manuscripts, mosaics, sculptures, and stained glass windows. Based on this iconic evidence, the article proposes a psychedelic gospels theory and addresses critiques of this theory by art historians, ardent advocates, medieval historians, and conservative Catholics. It calls for the establishment of an Interdisciplinary Committee on the Psychedelic Gospels to independently evaluate the growing body of evidence of entheogenic mushrooms in Christian art in order to resolve a controversial question regarding the possible role of entheogens in the history and origins of Christianity. (shrink)

This paper analyses the National Populist Challenges to Europe’s Center Right. It assesses the cases of the UK, Germany and France. It poses three questions for Europe: How will political integration be achieved and maintained? What policies will foster economic inclusion in the Eurozone? And, third, what are the best means to achieve economic solvency and growth. The paper make a case that neoliberal economic policies over the past decades have undermined some nations' public sector and have also contributed to (...) tensions between the geographical east and west of Europe. (shrink)

This paper analyses the National Populist Challenges to Europe’s Center Right. It assesses the cases of the UK, Germany and France. It poses three questions for Europe: How will political integration be achieved and maintained? What policies will foster economic inclusion in the Eurozone? And, third, what are the best means to achieve economic solvency and growth. The paper make a case that neoliberal economic policies over the past decades have undermined some nations' public sector and have also contributed to (...) tensions between the geographical east and west of Europe. (shrink)

Marcus Aurelius’s Meditations constitutes an important source and subject for Michel Foucault’s 1981 lectures at the Collège de France, translated into English as Hermeneutics of the Subject. One recurring theme in these lectures is the deployment by Hellenistic/Roman philosophers such as Aurelius of the practice and figure of dance. Inspired by this discussion, the present essay offers a close reading of dance in the Meditations, followed by a survey of the secondary literature on this subject. Overall, I will attempt to (...) show that, despite Aurelius’s self-consciously critical comportment toward dance, dance nevertheless performs a critical function in the construction of what I will term his “political ethics.” This political ethics, I will argue, is composed of an ethics of patient tolerance funded by the generosity that flows from the micro-political power generated by cultivating the god that Aurelius identifies within each of us. (shrink)

Press release. -/- The ebook entitled, Einstein’s Revolution: A Study of Theory-Unification, gives students of physics and philosophy, and general readers, an epistemological insight into the genesis of Einstein’s special relativity and its further unification with other theories, that ended well by the construction of general relativity. The book was developed by Rinat Nugayev who graduated from Kazan State University relativity department and got his M.Sci at Moscow State University department of philosophy of science and Ph.D at Moscow Institute of (...) Philosophy, Russian Academy of Science. He has forty years of philosophy of science and relativistic astrophysics teaching and research experience evincing in more than 200 papers in the scientific journals of Russia, Ukraine, Belorussia, USA, Great Britain, Germany, Spain, Italy, Sweden, Switzerland, Netherlands, Canada, Denmark, Poland, Romania, France, Greece, Japan and some other countries, and 8 monographs. Revolutions in physics all embody theoretical unification. Hence the overall aim of the present book is to unfold Einstein’s unificationist modus operandi, the hallmarks of actual Einstein’s methodology of unification that engendered his 1905 special relativity, as well as his 1915 general relativity. To achieve the object, a lucid epistemic model is exposed aimed at an analysis of the reasons for mature theory change in science (chapter1). According to the model, scientific revolutions were not due to fanciful creation of new ideas ‘ex nihilo’, but rather to the long-term processes of the reconciliation, interpenetration and intertwinement of ‘old’ research traditions preceding such breaks .Accordingly, origins of scientific revolutions lie not in a clash of fundamental theories with facts, but of “old” mature research traditions with each other, leading to contradictions that can only be attenuated in a more general theoretical approach. In chapter 2 it is contended that Einstein’s ingenious approach to special relativity creation, substantially distinguishing him from Lorentz’s and Poincaré’s invaluable impacts, turns to be a milestone of maxwellian electrodynamics, statistical mechanics and thermodynamics reconciliation design. Special relativity turns out to be grounded on Einstein’s breakthrough 1905 light quantum hypothesis. Eventually the author amends the received view on the general relativity genesis by stressing that the main reason for Einstein’s victory over the rival programmes of Abraham and Nordström was a unificationist character of Einstein’s research programme (chapter 3). Rinat M. Nugayev, Ph.D, professor of Volga Region Academy, Kazan, the Republic of Tatarstan, the Russian Federation. (shrink)

Die Moralphilosophie des 20. und 21. Jahrhunderts hat mit Konsequentialismus, Deontologie, Kontraktualismus und Tugendethik nicht nur höchst einflussreiche Theorieparadigmen produktiv weiterentwickelt, sondern auch eine Reihe wichtiger neuer Probleme aufgeworfen. Der vorliegende Band versammelt zentrale Beiträge der analytischen Moralphilosophie, u. a. von David Gauthier, Shelly Kagan, Frances Kamm, Thomas Nagel, Michael Slote, Christine Swanton und Susan Wolf, die für ein Verständnis gegenwärtiger Diskussionen in der normativen Ethik unabdingbar sind. -/- Inhaltsverzeichnis: Vorwort Einleitung: Analytische Moralphilosophie der Gegenwart -/- 1. Konsequentialismus (...) Shelly Kagan: Ein Plädoyer gegen die Alltagsmoral Peter Railton: Entfremdung, Konsequentialismus und die Anforderungen der Moral -/- 2. Deontologie Thomas Nagel: Ethik William David Ross: Was macht richtige Handlungen richtig? -/- 3. Kontraktualismus David Gauthier: Warum Kontraktualismus? Thomas Scanlon: Die Struktur des Kontraktualismus -/- 4. Tugendethik Christine Swanton: Eine tugendethische Theorie des richtigen Handelns Michael Slote: Akteursbasierte Tugendethik -/- 5. Moralische Aggregation John Taurek: Zählt die Anzahl? Frances M. Kamm: Aggregation und zwei moralphilosophische Methoden -/- 6. Das Prinzip der Doppelwirkung Jonathan Bennett: Vorhergesehene Nebenwirkungen vs. beabsichtigte Folgen Ralph Wedgwood: Zur Verteidigung der Lehre von der Doppelwirkung -/- 7. Moralische Rechte H. L. A. Hart: Gibt es natürliche Rechte? Joseph Raz: Über die Beschaffenheit von Rechten -/- 8. Moralischer Zufall Thomas Nagel: Moralischer Zufall Susan Wolf: Die Moral des moralischen Zufalls. (shrink)

Frances Kamm’s Intricate Ethics1 lives up to its title. It presents the methods and contents of Kamm’s nonconsequentialist ethical theory with discussion of some alternatives, both substantive and methodological. The main focus is on the distinctions that non- consequentialist ethical theory draws between different ways of bringing about states of affairs. This is presented in Kamm’s char- acteristic style. Readers should expect highly complex, subtle arguments as Kamm draws out fine-grained distinctions from intuitive responses to (...) cases. Those who find their intuitions less than firm at such a level of detail may find Intricate Ethics frustrat- ing at times. Nonetheless, it is a highly significant work. It dis- cusses issues at the heart of nonconsequentialist ethical theory with prodigious insight and clarity of thought. Even those whose intuitions prevent them from following Kamm to her conclusions will find the discussion along the way richly rewarding. (shrink)

This volume brings together a range of influential essays by distinguished philosophers and political theorists on the issue of global justice. Global justice concerns the search for ethical norms that should govern interactions between people, states, corporations and other agents acting in the global arena, as well as the design of social institutions that link them together. The volume includes articles that engage with major theoretical questions such as the applicability of the ideals of social and economic equality to the (...) global sphere, the degree of justified partiality to compatriots, and the nature and extent of the responsibilities of the affluent to address global poverty and other hardships abroad. It also features articles that bring the theoretical insights of global justice thinkers to bear on matters of practical concern to contemporary societies, such policies associated with immigration, international trade, and climate change. -/- Contents: Introduction; Part I Standards of Global Justice: (i) Assistance-Based Responsibilities to the Global Poor: Famine, affluence and mortality, Peter Singer; We don't owe them a thing! A tough-minded but soft-hearted view of aid to the faraway needy, Jan Narveson; Does distance matter morally to the duty to rescue? Frances Myrna Kamm. (ii) Contribution-Based Responsibilities to the Global Poor: 'Assisting' the global poor, Thomas Pogge; Should we stop thinking about poverty in terms of helping the poor?, Alan Patten; Poverty and the moral significance of contribution, Gerhard Øverland. (iii)Cosmopolitans, Global Egalitarians, and its Critics: The one and the many faces of cosmopolitanism, Catherine Lu; Cosmopolitan justice and equalizing opportunities, Simon Caney; The problem of global justice, Thomas Nagel; Against global egalitarianism, David Miller; Egalitarian challenges to global egalitarianism: a critique, Christian Barry and Laura Valentini. Part II Pressing Global Socioeconomic Issues: (i) Governing the Flow of People: Immigration and freedom of association, Christopher Wellman; Democratic theory and border coercion: no right to unilaterally control your own borders, Arash Abizadeh; Justice in migration: a closed borders utopia?, Lea Ypi. (ii) Climate Change: Global environment and international inequality, Henry Shue; Valuing policies in response to climate change: some ethical issues, John Broome; Saved by disaster? Abrupt climate change, political inertia, and the possibility of an intergenerational arms race, Stephen M. Gardiner; Polycentric systems for coping with collective action and global environmental change, Elinor Ostrom. (iii) International Trade: Responsibility and global labor justice, Iris Marion Young; Property rights and the resource curse, Leif Wenar; Fairness in trade I: obligations arising from trading and the pauper-labor argument, Mathias Risse; Name index. -/- See: www.ashgate.com/default.aspx?page=637&calctitle=1&pageSubject=483&sort=pubdate&forthcoming=1&title_i d=9958&edition_id=13385. (shrink)

A review of the English translation of Merleau-Ponty's course notes from the Collège de France, The Sensible World and the World of Expression, 1953.

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)

In recent literature, panpsychism has been defended by appeal to two main arguments: first, an argument from philosophy of mind, according to which panpsychism is the only view which successfully integrates consciousness into the physical world (Strawson 2006; Chalmers 2013); second, an argument from categorical properties, according to which panpsychism offers the only positive account of the categorical or intrinsic nature of physical reality (Seager 2006; Adams 2007; Alter and Nagasawa 2012). Historically, however, panpsychism has also been defended by appeal (...) to a third argument based on considerations about the nature and observability of causation. This argument has not been much discussed in recent times. Here is a concise version from William James: "… the concrete perceptual flux, taken just as it comes, offers in our own activity-situations perfectly comprehensible instances of causal agency … If we took these experiences as the type of what actual causation is, we should have to ascribe to cases of causation outside of our life, to physical cases also, an inwardly experiential nature. In other words, we should have to espouse a so-called “pan-psychic” philosophy" (James 1911: 218). James here suggests that we have direct experience of causation in our own agency. He thereby directly contradicts David Hume, who famously denied that we have any experience of causation. James goes on to claim that if this experience is representative of causation in general, it follows that all causation is mental, and that panpsychism is true. This kind of argument for panpsychism can be called the argument from (experience of) causation. This chapter offers, first, a history of this argument and arguments closely related to it, and second, an analysis of the argument – is it valid, are its premises in any way defensible, and how does it relate to the other, more popular arguments for panpsychism from philosophy of mind and categorical properties? (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)

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)

The concept of the receptive field, first articulated by Hartline, is central to visual neuroscience. The receptive field of a neuron encompasses the spatial and temporal properties of stimuli that activate the neuron, and, as Hubel and Wiesel conceived of it, a neuron’s receptive field is static. This makes it possible to build models of neural circuits and to build up more complex receptive fields out of simpler ones. Recent work in visual neurophysiology is providing evidence that the classical receptive (...) field is an inaccurate picture. The receptive field seems to be a dynamic feature of the neuron. In particular, the receptive field of neurons in V1 seems to be dependent on the properties of the stimulus. In this paper, we review the history of the concept of the receptive field and the problematic data. We then consider a number of possible theoretical responses to these data. (shrink)

What are conspiracy theories? And what, if anything, is epistemically wrong with them? I offer an account on which conspiracy theories are a unique way of holding a belief in a conspiracy. Specifically, I take conspiracy theories to be self-insulating beliefs in conspiracies. On this view, conspiracy theorists have their conspiratorial beliefs in a way that is immune to revision by counter-evidence. I argue that conspiracy theories are always irrational. Although conspiracy theories involve an expectation to encounter some seemingly disconfirming (...) evidence (allegedly planted by the conspirators), resistance to all counter- evidence cannot be justified on these grounds. (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)

Several variants of Lewis's Best System Account of Lawhood have been proposed that avoid its commitment to perfectly natural properties. There has been little discussion of the relative merits of these proposals, and little discussion of how one might extend this strategy to provide natural property-free variants of Lewis's other accounts, such as his accounts of duplication, intrinsicality, causation, counterfactuals, and reference. We undertake these projects in this paper. We begin by providing a framework for classifying and assessing the variants (...) of the Best System Account. We then evaluate these proposals, and identify the most promising candidates. We go on to develop a proposal for systematically modifying Lewis's other accounts so that they, too, avoid commitment to perfectly natural properties. We conclude by briefly considering a different route one might take to developing natural property-free versions of Lewis's other accounts, drawing on recent work by Williams. (shrink)

For the theorists of crisis, the revolutionary state comes into existence through violence, and due to its inability to provide an authoritative katechon (restrainer) against internal and external violence, it perpetuates violence until it self-destructs. Writing during extreme economic depression and growing social and political violence, the crisis theorists––Joseph de Maistre, Juan Donoso Cortés, and Carl Schmitt––each sought to blame the chaos of their time upon the Janus-faced postrevolutionary ideals of liberalism and socialism by urging a return to pre-revolutionary moral (...) and religious values. They are united by three counterrevolutionary principles, all of which are purported to remedy revolutionary violence: traditional constitutional fidelity, the philosophy of the decision, and opposition to bourgeois liberalism. This essay is followed by the first complete English translation and publication of Donoso’s letter of October 24, 1851, which contains Donoso’s only reference to the “discussing class,” a political entity later popularized by Schmitt in his 1922 work Political Theology. (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)

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

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)

This paper explores R. D. Laing's application of existential and phenomenological tradtions, specifically Hegel and Heidegger, to his groundbreaking work with psychotic process as well as psychotherapeutic practice more generally.

Context: The majority of contemporary enactivist work is influenced by the philosophical biology of Hans Jonas. Jonas credits all living organisms with experience that involves particular “existential” structures: nascent forms of concern for self-preservation and desire for objects and outcomes that promote well-being. We argue that Jonas’s attitude towards living systems involves a problematic anthropomorphism that threatens to place enactivism at odds with cognitive science, and undermine its legitimate aims to become a new paradigm for scientific investigation and understanding of (...) the mind. Problem: Enactivism needs to address the tension between its Jonasian influences and its aspirations to become a new paradigm for cognitive science. By relying on Jonasian phenomenology, contemporary enactivism obscures alternative ways in which phenomenology can be more smoothly integrated with cognitive science. Method: We outline the historical relationship between enactivism and phenomenology, and explain why anthropomorphism is problematic for a research program that aspires to become a new paradigm for cognitive science. We examine the roots of Jonas’s existential interpretation of biological facts, and describe how and why Jonas himself understood his project as founded on an anthropomorphic assumption that is incompatible with a crucial methodological assumption of scientific enquiry: the prohibition of unexplained natural purposes. We describe the way in which phenomenology can be integrated into Maturana’s autopoietic theory, and use this as an example of how an alternative, non-anthropomorphic science of the biological roots of cognition might proceed. Results: Our analysis reveals a crucial tension between Jonas’s influence on enactivism and enactivism’s paradigmatic aspirations. This suggests the possibility of, and need to investigate, other ways of integrating phenomenology with cognitive science that do not succumb to this tension. Implications: In light of this, enactivists should either eliminate the Jonasian inference from properties of our human experience to properties of the experience of all living organisms, or articulate an alternative conception of scientific enquiry that can tolerate the anthropomorphism this inference entails. The Maturanian view we present in the article’s final section constitutes a possible framework within which enactivist tools and concepts can be used to understand cognition and phenomenology, and that does not involve a problematic anthropomorphism. Constructivist content: Any constructivist approach that aims for integration with current scientific practice must either avoid the type of anthropomorphic inference on which Jonas bases his work, or specify a new conception of scientific enquiry that renders anthropomorphism unproblematic. (shrink)

Hubert Dreyfus has argued that cases of absorbed bodily coping show that there is no room for self-awareness in flow experiences of experts. In this paper, I argue against Dreyfus’ maxim of vanishing self-awareness by suggesting that awareness of agency is present in expert bodily action. First, I discuss the phenomenon of absorbed bodily coping by discussing flow experiences involved in expert bodily action: merging into the flow; immersion in the flow; emergence out of flow. I argue against the claim (...) that flow experience does not involve an awareness of agency for each of these features, while conceding that fluent agency does not involve self-awareness in the thetic sense. I challenge the assumption that the awareness of fluent agency must be understood in terms of a thetic awareness of agency. Instead, I develop an Anscombean account of the awareness of fluent agency in terms of the phenomenal character of knowing one’s aims. I respond to the challenge that if an Anscombean account of the awareness of agency is to succeed, then agents must be able to answer Anscombean questions. I consider the objection that awareness of agency is not a form of self-awareness by outlining an account of self-awareness as self-synthesis that is distinct from self-perception and self-ascription, but which makes room for self-awareness in expert bodily action. (shrink)

During the coronavirus pandemic, communities have faced shortages of important healthcare resources such as COVID-19 vaccines, medical staff, ICU beds and ventilators. Public health officials in the U.S. have had to make decisions about two major issues: which infected patients should be treated first (triage), and which people who are at risk of infection should be inoculated first (vaccine distribution). Following Beauchamp and Childress’s principlism, adopted guidelines have tended to value both whole lives (survival to discharge) and life-years (survival for (...) years past discharge). This process of collective moral reasoning has revealed our common commitment to both Kantian and utilitarian principles. For Kant, respecting people’s rights entails that we ought to value whole lives equally. Therefore we ought to allocate resources so as to maximise the number of patients who survive to discharge. By contrast, the principle of utility has us maximise life-years so that people can satisfy more of their considered preferences. Although people are treated impartially in the utilitarian calculus, it does not recognise their equal worth. Subjecting Kantian ethics and utilitarianism to the process of reflective equilibrium lends support to the idea that we need a pluralistic approach that would accommodate our moral intuitions regarding both the equal value of whole lives and the additive value of life-years. (shrink)

In this paper, I'm giving an account of William James's reception in the columns of Charles Renouvier's journal, La Critique philosophique. The papers explores the discussions between James and Renouvier on Free Will, Philosophical systems, Consciousness and Pluralism.

Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead of (...) time the ”niches” which constitute the boundary conditions on selec- tion. More generally, by the mathematical unprestatability of the ”phase space”, no laws of mo- tion can be formulated for evolution. We call this radical emergence, from life to life. The purpose of this paper is the integration of variation and diversity in a sound concep- tual frame and situate unpredictability at a novel theoretical level, that of the very phase space. Our argument will be carried on in close comparisons with physics and the mathematical constructions of phase spaces in that discipline. The role of symmetries as invariant preserving transformations will allow us to under- stand the nature of physical phase spaces and to stress the differences required for a sound biological theoretizing. In this frame, we discuss the novel notion of ”enablement”. Life lives in a web of enablement and radical emergence. This will restrict causal analyses to differential cases. Mutations or other causal differ- ences will allow us to stress that ”non conservation princi- ples” are at the core of evolution, in contrast to physical dynamics, largely based on conservation principles as sym- metries. Critical transitions, the main locus of symmetry changes in physics, will be discussed, and lead to ”extended criticality” as a conceptual frame for a better understanding of the living state of matter. (shrink)

From Soul to Self takes us on a fascinating journey through philosophy, theology, religious studies and physiological sciences. The contributors explore the relationship between a variety of ideas that have arisen in philosophy, religion and science, each idea seeking to explain why we think we are somehow unique and distinct.

According to asymmetric comparativism, it is worse for a person to exist with a miserable life than not to exist, but it is not better for a person to exist with a happy life than not to exist. My aim in this paper is to explain how asymmetric comparativism could possibly be true. My account of asymmetric comparativism begins with a different asymmetry, regarding the (dis)value of early death. I offer an account of this early death asymmetry, appealing to the (...) idea of conditional goods, and generalize it to explain how asymmetric comparativism could possibly be true. I also address the objection that asymmetric comparativism has unacceptably antinatalist implications. (shrink)

In this paper I interrogate the notion of `debunking conspiracy theories’, arguing that the term `debunk’ carries with it pejorative implications, given that the verb `to debunk’ is commonly understood as `to show the wrongness of a thing or concept’. As such, the notion of `debunking conspiracy theories’ builds in the notion that such theories are not just wrong but ought to be shown as being wrong. I argue that we should avoid the term `debunk’ and focus on investigating conspiracy (...) theories. Looking at recent research work in epistemology on conspiracy theory, I argue that the best way to avoid talk of `debunking’ conspiracy theories is by working with a non-pejorative definition of `conspiracy theory’, and forming communities of inquiry which allow us to investigate the warrant of such theories without the prejudice associated with working with a pejorative definition. (shrink)

Contingency is the presence of non-actualized possibility in the world. Fatalism is a view of reality on which there is no contingency. Since it is contingency that permits agency, there has traditionally been much interest in contingency. This interest has long been embarrassed by the contention that simple and plausible assumptions about the world lead to fatalism. I begin with an Aristotelian argument as presented by Richard Taylor. Appreciation of this argument has been stultified by a question pertaining to the (...) source of necessity and possibility and a closely related one regarding the nature of metaphysics itself. Answering these questions reveals the crucial issue here, to wit, necessity and possibility in a temporal world. This issue is investigated through an important later criticism of Taylor by David Foster Wallace. Wallace’s critique is significant because it brings to the fore the pivotal notion for understanding contingency in a temporal world, that of synchronic possibility, the idea that incompatible states of affairs are possible at a single moment. This notion provides the basis of distinguishing two systematic accounts of truth, modality and time: two metaphysics of contingency. On one account, Taylor’s Aristotelian argument is straightforwardly valid and compelling; on the other, it is fallacious. In closing, I present reasons why the former account, supporting the Aristotelian views of time and truth, is correct and make some comments to ameliorate this conclusion. (shrink)

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.

A remarkable feature of the philosophical work on conspiracy theory theory has been that most philosophers agree there is nothing inherently problematic about conspiracy theories (AKA the thesis of particularism). Recent work, however, has challenged this consensus view, arguing that there really is something epistemically wrong with conspiracy theorising (AKA generalism). Are particularism and generalism incompatible? By looking at just how much particularists and generalists might have to give away to make their theoretical viewpoints compatible, I will argue that particularists (...) can accept many of the concerns that motivate generalism because generalism can never be about ‘all’ conspiracy theories without being either ahistorical or apolitical. In the end generalist critiques are best seen as useful guidelines or considerations for the appraising of particular conspiracy theories. (shrink)

This interdisciplinary exploration synthesizes the philosophical reflections of Adam Kaiser with empirical insights from popular science to unravel the intricate dynamics of nostalgia, morality, and mass entertainment in a modern world increasingly disconnected from traditional values. Examining the psychological, neurobiological, and cultural aspects, the essay investigates how nostalgia serves as a potent coping mechanism, offering temporary relief from the moral complexities and existential questions of contemporary life. Popular science contributes valuable perspectives from fields such as media psychology, cognitive neuroscience, evolutionary (...) psychology, and media ethics, shedding light on the relationship between nostalgia, morality, and human behavior. The essay emphasizes the role of media literacy, group dynamics, and the ethics of nostalgic media production, providing a comprehensive understanding of the multifaceted nature of our human experience. The synergy between philosophy and popular science empowers us to navigate the labyrinth of nostalgia, recognizing it as both a reflection of innate psychological mechanisms and a product of societal dynamics. Ultimately, this exploration invites us to embrace the richness of human cognition and culture, acknowledging the enduring quest to understand and reconcile the past with the present. (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)

According to the person-affecting restriction, one distribution of welfare can be better than another only if there is someone for whom it is better. Extant problems for the person-affecting restriction involve variable-population cases, such as the nonidentity problem, which are notoriously controversial and difficult to resolve. This paper develops a fixed-population problem for the person-affecting restriction. The problem reveals that, in the presence of incommensurable welfare levels, the person-affecting restriction is incompatible with minimal requirements of impartial beneficence even in fixed-population (...) contexts. (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)

There has recently been an expansion of anti-abortion measures in the United States. Within these various measures there is a divide over certain exceptions: some States permit abortion for pregnancies caused by rape while other States do not. This paper explores the underlying moral justification for such exceptions. I argue that within the dominant moral framework for reproductive ethics these exceptions are incoherent by their own lights. But this is not a defense of an exceptionless anti-abortion position. Rather, because the (...) typical way of making such exceptions is incoherent, this shows why the anti-abortion movement is dangerous: as these incoherencies are acknowledged, this may lead to ever stricter measures being put in place. I end by suggesting that those who are sympathetic to these exceptions should find it easier to move to a pro-choice position rather than to a more extreme, exceptionless one. (shrink)

Conspiracy theories and conspiracy theorists have been accused of a great many sins, but are the conspiracy theories conspiracy theorists believe epistemically problematic? Well, according to some recent work, yes, they are. Yet a number of other philosophers like Brian L. Keeley, Charles Pigden, Kurtis Hagen, Lee Basham, and the like have argued ‘No!’ I will argue that there are features of certain conspiracy theories which license suspicion of such theories. I will also argue that these features only license a (...) limited suspicion of these conspiracy theories, and thus we need to be careful about generalising from such suspicions to a view of the warrant of conspiracy theories more generally. To understand why, we need to get to the bottom of what exactly makes us suspicious of certain conspiracy theories, and how being suspicious of a conspiracy theory does not always tell us anything about how likely the theory in question is to be false. (shrink)

Conspiracy theories are often portrayed as unwarranted beliefs, typically supported by suspicious kinds of evidence. Yet contemporary work in Philosophy argues provisional belief in conspiracy theories is—at the very—least understandable (because conspiracies occur) and if we take an evidential approach—judging individual conspiracy theories on their particular merits—belief in such theories turns out to be warranted in a range of cases. Drawing on this work, I examine the kinds of evidence typically associated with conspiracy theories, showing that the evidential problems typically (...) associated with conspiracy theories are not unique to such theories. As such, if there is a problem with the conspiracy theorist’s use of evidence, it is one of principle: is the principle which guides their use of evidence somehow in error? I argue that whatever we might think about conspiracy theories generally, there is no prima facie case for a scepticism of conspiracy theories based purely on their use of evidence. (shrink)