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)

Discussions of sexual ethics often focus on the wrong of treating another as a mere object instead of as a person worthy of respect. On this view, the task of sexual ethics becomes putting the other’s subjectivity above their status as erotic object so as to avoid the harms of objectification. Ward and Anderson argue that such a view disregards the crucial, moral role that erotic objecthood plays in sexual encounters. Important moral features of intimacy are disclosed through the (...) experience of being an erotic object for another, as well as in perceiving another as an erotic object. Drawing on phenomenology, especially the insights of Simone de Beauvoir, Ward and Anderson argue that erotic encounters are shaped by the human condition of ambiguity, where being an object for others is intertwined with bodily agency. Because sexual agency is complex in this way, theories of sexual ethics and responsibility must widen their focus beyond transparent communication and authoritative expressions of will. (shrink)

This introduction to a special issue of Topoi introduces and summarises the relationship between three main varieties of 'enactivist' theorising about the mind: 'autopoietic', 'sensorimotor', and 'radical' enactivism. It includes a brief discussion of the philosophical and cognitive scientific precursors to enactivist theories, and the relationship of enactivism to other trends in embodied cognitive science and philosophy of mind.

Audre Lorde’s account of the erotic is one of her most widely celebrated contributions to political theory and feminist activism, but her explanation of the term in her brief essay “Uses of the Erotic” is famously oblique and ambiguous. This article develops a detailed, textually grounded interpretation of Lorde’s erotic, based on an analysis of how Lorde’s essay brings together commitments expressed across her work. I describe four integral elements of Lorde’s erotic: feeling, knowledge, power, and concerted action. The erotic (...) is a way of feeling in the work a person does, which makes possible new knowledge about the self and the social environment— particularly to counteract epistemic oppression imposed by an unjust society. The erotic is a source of power by providing vision and energy for actions integrating a person’s multiple commitments and political interests. It facilitates concerted action and coalition by enhancing a person’s appreciation of their interests and values, while fostering embodied, personal connections that build trust on the basis of shared vulnerability. Thus, the erotic helps build coalitions where genuine differences of perspective and experience can be examined, in resistance against an oppressive society’s epistemic distortions. (shrink)

Throughout her work, Audre Lorde maintains that her self-preservation in the face of oppression depends on acting from the recognition and valorization of her feelings as a deep source of knowledge. This claim, taken as a portrayal of agency, poses challenges to standard positions in ethics, epistemology, and moral psychology. This article examines the oppositional agency articulated by Lorde’s thought, locating feeling, poetry, and the power she calls “the erotic” within her avowed project of self-preservation. It then explores the implications (...) of taking seriously Lorde’s account, particularly for theorists examining ethics and epistemology under nonideal social conditions. For situations of sexual intimacy, for example, Lorde’s account unsettles prevailing assumptions about the role of consent in responsibility between sexual partners. I argue that obligations to solicit consent and respect refusal are not sufficient to acknowledge the value of agency in intimate encounters when agency is oppositional in the way Lorde describes. (shrink)

Most psychological research aims to uncover generalizations about the mind that hold across subjects. Philosophical discussions of scientific explanation have focused on such generalizations, but in doing so, have often overlooked an important phenomenon: variation. Variation is ubiquitous in psychology and many other domains, and an important target of explanation in its own right. Here I characterize explananda that concern individual differences and formulate an account of what it takes to explain them. I argue that the notion of actual difference (...) making, the only causal concept in the literature that explicitly addresses variation, cannot be used to ground such an account. Instead, I propose a view on which explaining individual differences involves identifying causes that could be intervened on to reduce the variability in the population. This account provides criteria of success for explaining variation and deepens our understanding of causal explanation. (shrink)

The idea that the brain is a representational organ has roots in the nineteenth century, when neurologists began drawing conclusions about what the brain represents from clinical and experimental studies. One of the earliest controversies surrounding representation in the brain was the “muscles versus movements” debate, which concerned whether the motor cortex represents complex movements or rather fractional components of movement. Prominent thinkers weighed in on each side: neurologists John Hughlings Jackson and F.M.R. Walshe in favor of complex movements, neurophysiologist (...) Charles Sherrington and neurosurgeon Wilder Penfield in favor of movement components. This essay examines these and other brain scientists’ evolving notions of representation during the first eighty years of the muscles versus movements debate (c. 1873–1954). Although participants agreed about many of the superficial features of representation, their inferences reveal deep-seated disagreements about its inferential role. Divergent epistemological commitments stoked conflicting conceptions of what representational attributions imply and what evidence supports them. (shrink)

We present a specific elaboration and partial defense of the claims that cognition is enactive, embodied, embedded, affective and (potentially) extended. According to the view we will defend, the enactivist claim that perception and cognition essentially depend upon the cognizer’s interactions with their environment is fundamental. If a particular instance of this kind of dependence obtains, we will argue, then it follows that cognition is essentially embodied and embedded, that the underpinnings of cognition are inextricable from those of affect, that (...) the phenomenon of cognition itself is essentially bound up with affect, and that the possibility of cognitive extension depends upon the instantiation of a specific mode of skillful interrelation between cognizer and environment. Thus, if cognition is enactive then it is also embodied, embedded, affective and potentially extended. (shrink)

Clinical psychology is characterized by persistent disagreement about fundamental aspects of the discipline ranging from what mental disorders are to what constitutes effective treatment. Attempts to address the problem of epistemic disagreement have been frequently based on establishing the correct answer by fiat without identifying and addressing the sources of the disagreement. We argue that this strategy has not worked very well and the result is frequently ongoing and intractable disagreement, with each side in an argument convinced they are correct. (...) In this paper, we outline an epistemic disagreement procedural model intended to assist researchers and clinicians in the field of clinical psychology to identify, explore, and develop inquiry strategies that capitalize on situations where competing knowledge claims are made. The result is a flexible conceptual framework committed to a defensible epistemic pluralism, fallibilism, and contextualism, across the various research tasks constituting the field of clinical psychology. (shrink)

Despite the growing attention to oppression and resistance in social and political philosophy as well as ethics, philosophers continue to struggle to describe and appropriately attribute agency under non-ideal circumstances of oppression and structural injustice. This chapter identifies some features of new accounts of non-ideal agency and then examines a particular problem for such theories, what Serene Khader has called the agency dilemma. Under the agency dilemma, attempts to articulate the agency of subjects living under oppression must on the one (...) hand avoid overemphasizing constraints on agency, and thereby producing paternalistic theories that “deny agency” for oppressed subjects, and on the other hand avoid failing to fully appreciate the effects of oppression on agency, thereby missing crucial features of how oppression unjustly shapes a person’s lived possibilities. This chapter traces this dilemma to a preoccupation with ascribing agency, which produces problematic descriptive and political effects for theorizing agency under oppression: what the author calls an asymmetry problem and a disenfranchisement problem. Finally, the chapter proposes that the agency dilemma might be ameliorated if theorists scrutinize more closely how moral, epistemic, and political agency interact and overlap in life under oppression. (shrink)

Our in-the-moment experience of the world can feel vivid and rich, even when we cannot describe our experience due to limitations of attention, memory or other cognitive processes. But the nature of visual awareness is quite sparse, as suggested by the phenomena of failures of awareness, such as change blindness and inattentional blindness. I will argue that once failures of memory or failures of comparison are ruled out as explanations for these phenomena, they present strong evidence against rich awareness. To (...) accommodate and explain these massive failures of awareness, any theory of phenomenal consciousness must downgrade phenomenology to a degree where it is functionless or, ironically, does not reflect what we experience. (shrink)

Perhaps the most striking phenomenon of visual awareness is inattentional blindness (IB), in which a surprisingly salient event right in front of you may go completely unseen when unattended. Does IB reflect a failure of perception, or only of subsequent memory? Previous work has been unable to answer this question, due to a seemingly intractable dilemma: ruling out memory requires immediate perceptual reports, but soliciting such reports fuels an expectation that eliminates IB. Here we introduce a way of evoking repeated (...) IB in the same subjects and the same session: we show that observers fail to report seeing salient events’ not only when they have no expectation, but also when they have the wrong expectations about the events nature. This occurs when observers must immediately report seeing anything unexpected, even mid-event. Repeated IB thus demonstrates that IB is aptly named: it reflects a genuine deficit in moment-by-moment conscious perception, rather than a form of inattentional amnesia. (shrink)

A dominant strand of philosophical thought holds that natural kinds are clusters of objects with shared properties. Cluster theories of natural kinds are often taken to be a late twentieth-century development, prompted by dissatisfaction with essentialism in philosophy of biology. I will argue here, however, that a cluster theory of kinds had actually been formulated by William Whewell (1794-1866) more than a century earlier. Cluster theories of kinds can be characterized in terms of three central commitments, all of which are (...) present in Whewell’s work on classification. Like contemporary cluster theorists, Whewell claims that kinds are united by similarity, that many kinds do not have essences, and that there are “gaps” between kinds. Moreover, Whewell advises taxonomists to look for consilience (roughly, convergence) between different classificatory schemes, a recommendation that reinforces the identification of natural classes with property clusters. Thus Whewell was not only an early cluster theorist, but one with important insights into what a cluster theory of kinds means for the practice of classification. (shrink)

How should accounts that stress the embodied, embedded and engaged character of human minds accommodate the role of rationality in human subjectivity? Drawing on Matthew Boyle’s contrast between ‘additive’ and ‘transformative’ conceptions of rationality, I argue that contemporary work on embodied cognition tends towards a problematic ‘additivism’ about the relationship between mature human capacities to think and act for reasons, and sensorimotor capacities to skillfully engage with salient features of the environment. Additivists view rational capacities to reason and reflect as (...) a distinct ‘layer’ or ‘storey’ of human cognition, with a normative structure that differs from that of the sensorimotor coping skills which support it. I argue that emphasizing the embodied and engaged character of human minds is better combined with a ‘transformative’ conception of rationality – one which holds that acquiring abilities to give and ask for reasons transforms the normative structure of our unreflective embodied dealings with the environment. And I argue that a transformative embodied cognitive science of human rationality is not only possible, but underway. Integrating existing work on embodied cognition with work on the cultural and developmental contexts that shape human minds suggests how human immersion in culture transforms the structure of sensorimotor engagements by bringing about the communicability and negotiability of the meanings to which those engagements attune us. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

In this paper, a metaphysics is proposed that includes everything that can be represented by a well-founded multiset. It is shown that this metaphysics, apart from being self-explanatory, is also benevolent. Paradoxically, it turns out that the probability that we were born in another life than our own is zero. More insights are gained by inducing properties from a metaphysics that is not self-explanatory. In particular, digital metaphysics is analyzed, which claims that only computable things exist. First of all, it (...) is shown that digital metaphysics contradicts itself by leading to the conclusion that the shortest computer program that computes the world is infinitely long. This means that the Church-Turing conjecture must be false. Secondly, the applicability of Occam’s razor is explained by evolution: in an evolving physics it can appear at each moment as if the world is caused by only finitely many things. Thirdly and most importantly, this metaphysics is benevolent in the sense that it organizes itself to fulfill the deepest wishes of its observers. Fourthly, universal computers with an infinite memory capacity cannot be built in the world. And finally, all the properties of the world, both good and bad, can be explained by evolutionary conservation. (shrink)

Meyer and Brancazio make an important distinction between two enactivist projects: “utopian” and “scientific.” I agree that contemporary enactivists would benefit from more clearly distinguishing these projects and their success conditions. However, I wonder whether there are times when letting these projects merge with each other might be helpful, or even necessary.

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)

Upshot: In our target article we claimed that, at least since Weber and Varela, enactivism has incorporated a theoretical commitment to one important aspect of Jonas’s philosophical biology, namely its anthropomorphism, which is at odds with the methodological commitments of modern science. In this general reply we want to clarify what we mean by anthropomorphism, and explain why we think it is incompatible with science. We do this by spelling out what we call the “Jonasian inference,” i.e., the idea that (...) we are entitled, based on our first-person experience of teleology, to take the appearance of teleology in other living beings at face value. (shrink)

What is it to be an agent? One influential line of thought, endorsed by G. E. M. Anscombe and David Velleman, among others, holds that agency depends on practical rationality—the ability to act for reasons, rather than being merely moved by causes. Over the past 25 years, Velleman has argued compellingly for a distinctive view of agency and the practical rationality with which he associates it. On Velleman’s conception, being an agent consists in having the capacity to be motivated by (...) a drive to act for reasons. Your bodily movements qualify as genuine actions insofar as they are motivated in part by your desire to behave in a way that makes sense to yourself. However, there are at least two distinct ways of spelling out what this drive towards self-intelligibility consists in, both present in Velleman’s work. It might consist in a drive towards intelligibility in causal-psychological terms: roughly, a drive to maximize the rational coherence of your psychological states. Alternatively, it might consist in a drive towards narrative intelligibility: a drive to make your ongoing activity conform to a recognizable narrative structure, where that structure is understood emotionally. Velleman originally saw these options as basically equivalent, but later came to prioritize the drive towards causal-psychological intelligibility over that towards narrative intelligibility. I argue that this gets things the wrong way round—we should instead understand our capacities to render ourselves intelligible in causal-psychological terms as built upon a bedrock of emotionally suffused narrative understanding. In doing so, we resolve several problems for Velleman’s view, and pave the way for an embodied, embedded and affective account of practical rationality and agency. According to the picture that emerges, practical rationality is essential to agency, narrative understanding is essential to practical rationality, and the rhythms and structures patterning the ebb and flow of our emotional lives are essential to narrative understanding. (shrink)

Simple random sampling resolutions of the raven paradox relevantly diverge from scientific practice. We develop a stratified random sampling model, yielding a better fit and apparently rehabilitating simple random sampling as a legitimate idealization. However, neither accommodates a second concern, the objection from potential bias. We develop a third model that crucially invokes causal considerations, yielding a novel resolution that handles both concerns. This approach resembles Inference to the Best Explanation (IBE) and relates the generalization’s confirmation to confirmation of an (...) associated law. We give it an objective Bayesian formalization and discuss the compatibility of Bayesianism and IBE. (shrink)

We construct a presentist semantics on which there are no truth-makers for past and future tensed statements. The semantics is not an expressivist or projectivist one, and is not susceptible to the semantical difficulties that confront such theories. We discuss how the approach handles some standard concerns with presentism.

Susan Hurley (1998a, 2003a, 2008) argues that our capacities for perception, agency and thought are essentially interdependent and co-emerge from a tangle of sensorimotor processes that are both cause and effect of the web of interactive and communicative practices they weave us into. In this paper, I reconstruct this view and its main motivations, with a particular focus on three important aspects. First, Hurley argues that an essential aspect of conscious perception – its perspectival unity – constitutively depends on agency. (...) That is, agency is a transcendental condition on the possibility of perception (§3). Second, understanding why this dependence obtains involves understanding why perception and agency emerge together, and how they do so on the basis of a web of interrelated capacities for sensorimotor control (§2, §4). Third, understanding these first two aspects of Hurley’s view is the key to understanding the sophisticated interplay between i) her arguments for the causal interdependence of sensory input and motor output, and ii) her arguments for the essential interdependence of perception and agency. (shrink)

What does it mean to adopt a phenomenological approach when doing philosophy of perception? And what form should such an approach take? I address these questions by first distinguishing three different ways of drawing philosophical conclusions based on phenomenological reflection: 'Humean' phenomenology, which attempts to discern the structure of perceptual experience via reflection on its surface properties; 'Kantian' phenomenology, which aims to provide a priori arguments about the structure perceptual experience must have if it is to possess universally agreed upon (...) manifest properties; and 'Husserlian' phenomenology, which aims to achieve an intuitive grasp of the essential properties of perceptual experience via attempted imaginative variation of its aspects and properties. Drawing on arguments from Merleau-Ponty, I then argue that the shortcomings of each of these approaches motivate a 'Merleau-Pontian' conception of phenomenology as 'radical reflection' - a mode of reflection on perceptual experience that simultaneously attempts to understand the origins and authority of reflection itself. The methodology for philosophy of perception that results is a thoroughly interdisciplinary one, aiming to reconcile philosophical conclusions about the necessary structures of perceptual experience with our best empirical knowledge of the bodily, psychological, cultural and historical contingencies that shape both our experiences and our reflective capacities. (shrink)

Frank Cabrera argues that informational explanatory virtues—specifically, mechanism, precision, and explanatory scope—cannot be confirmational virtues, since hypotheses that possess them must have a lower probability than less virtuous, entailed hypotheses. We argue against Cabrera’s characterization of confirmational virtue and for an alternative on which the informational virtues clearly are confirmational virtues. Our illustration of their confirmational virtuousness appeals to aspects of causal inference, suggesting that causal inference has a role for the explanatory virtues. We briefly explore this possibility, delineating a (...) path from Mill’s method of agreement to Inference to the Best Explanation (IBE). (shrink)

Historizing is the way Dasein takes up possibilities and roles to project itself into the future. It is why we experience continuity throughout our lives, and it is the basis for historicality – our sense of a more general continuity of “history.” In Being and Time,Heidegger identifies both inauthentic and authentic modes of historizing that give rise, respectively, to inauthentic and authentic modes of histori-cality. He focuses on historizing at the individual level but gestures at a communal form of historizing. (...) In this paper, I develop the concept of co-historizing in both its authentic and inauthentic modes. I argue that Heidegger’s unarticulated concept of inauthentic co-historizing is what necessitated the planned (but unfinished) second half of Being and Time – the “phenomenological destruction of the history of ontol-ogy.” I consider what it means to take responsibility for our destiny as a people and specifically as a community of philosophers. (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)

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).).

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.

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

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)

Why do public philosophy in prisons? When we think about the value and aims of public philosophy there is a well-entrenched tendency to think in transactional terms. The academy has something of value that it aims to pass on or transmit to its clients. Usually, this transaction takes place within the confines of the university, in the form of transmission of valuable skills or knowledge passed from faculty to students. Public philosophy, construed within this transactional mindset, then consists in passing (...) on something valuable from inside the academy to the outside. In this paper, we reflect on our experiences of taking philosophy into prisons and argue that making the case for public philosophy in general, and philosophy in prisons in particular in these transactional terms risks obscuring what we take to be a distinctive and valuable outcome of public philosophy. Importantly, it risks obscuring what those who participate in a particular kind of public philosophy – including the professional philosophers – experience as valuable about the activity: its transformational potential. (shrink)

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.

How should we understand the relationship between conscious perception and action? Does an appeal to action have any place in an account of colour experience? This essay aims to shed light on the first question by giving a positive response to the second. I consider two types of enactive approach to perceptual consciousness, and two types of account of colour perception. Each approach to colour perception faces serious objections. However, the two views can be combined in a way that resists (...) the criticisms to each. Furthermore, the hybrid view we arrive at lets us see which enactive account of perceptual consciousness we should prefer in the case of colour. (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)

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)

Scientific hedges are communicative devices used to qualify and weaken scientific claims. Gregor Betz has argued—unconvincingly, we think—that hedging can rescue the value-free ideal for science. Nevertheless, Betz is onto something when he suggests there are political principles that recommend scientists hedge public-facing claims. In this article, we recast this suggestion using the notion of public justification. We formulate and reject a Rawlsian argument that locates the justification for hedging in its ability to forge consensus. On our alternative proposal, hedging (...) is often justified because it renders scientific claims as publicly accessible reasons. (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.

This paper presents results found through searching publicly available U.S. data sources for information about how to handle incidental fndings (IF) in human subjects research, especially in genetics and genomics research, neuroimaging research, and CT colonography research. We searched the Web sites of 14 federal agencies, 22 professional societies, and 100 universities, as well as used the search engine Google for actual consent forms that had been posted on the Internet. Our analysis of these documents showed that there is very (...) little public guidance available for researchers as to how to deal with incidental fndings. Moreover, the guidance available is not consistent. (shrink)

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.

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)

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)

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)

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)

In this paper, we locate a general rhetorical strategy employed in theoretical discourse wherein philosophers argue from the mere existence of internalized oppression to some kind of epistemic, moral, political, or cognitive deficiency of oppressed people. We argue that this strategy has harmful consequences for oppressed people, breaking down our analysis in terms of individual and structural harms within both epistemic and moral domains. These harms include attempting to undermine the self-trust of oppressed people, reinforcing unjust epistemic power hierarchies, undermining (...) the moral agency of oppressed people, and obscuring real issues of oppression. In light of these many harms, we conclude that there are pro tanto reasons not to employ this strategy, and instead offer a series of suggestions for those considering adopting such a rhetorical move. (shrink)

The curious case of Bronze Age Pervert (BAP, for short), of unfortunate name, or “handle,” in his world. Author of the self-published Bronze Age Mindset (2018), BAP is present in 4Chan discussion threads and on YouTube, and he produces weekly subscription-only podcasts with approximately 6,500 paying clients (I am among them). He was banned from Twitter but reinstated in December 2022, and he now has over 100,000 followers. A Google search turns up scores of articles addressing or discussing his work, (...) all written in palatable forms. But BAP’s own subjects and rhetoric are for adults only. Who is BAP, what does he espouse, and what compels the attention of orthodox Catholics? (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)

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.

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)