This paper presents the results of two corpus studies investigating the discourse surrounding conspiracy theories and genuine theories. The results of these studies show that conspiracy theories lack the epistemic and scientific standing characteristic of theories more generally. Instead, our findings indicate that conspiracy theories are spread in a manner that resembles the dissemination of rumors and falsehoods. Based on these empirical results, we argue that it is time for both re-engineering conspiracy theory and for relabeling "conspiracy theory". We propose (...) relabelling conspiracy theories as either "conspiracy stories" or "conspiracy narratives" to more accurately convey their true nature. (shrink)

The concepts expressed by social role terms such as artist and scientist are unique in that they seem to allow two independent criteria for categorization, one of which is inherently normative. This study presents and tests an account of the content and structure of the normative dimension of these “dual character concepts.” Experiment 1 suggests that the normative dimension of a social role concept represents the commitment to fulfill the idealized basic function associated with the role. Background information can affect (...) which basic function is associated with each social role. However, Experiment 2 indicates that the normative dimension always represents the relevant commitment as an end in itself. We argue that social role concepts represent the commitments to basic functions because that information is crucial to predict the future social roles and role-dependent behavior of others. (shrink)

Conceptual engineering is the practice of revising concepts to improve how people talk and think. Its ability to improve talk and thought ultimately hinges on the successful dissemination of desired conceptual changes. Unfortunately, the field has been slow to develop methods to directly test what barriers stand in the way of propagation and what methods will most effectively propagate desired conceptual change. In order to test such questions, this paper introduces the masked time-lagged method. The masked time-lagged method tests people's (...) conceptual understanding at two different points in time without their knowledge of being tested, allowing us to measure conceptual revision in action. Using a masked time-lagged design on a content internalist framework, we attempted to revise PLANET and DINOSAUR in online participants to match experts' concepts. We successfully revised PLANET but not DINOSAUR, demonstrating some of the difficulties conceptual engineers face. Nonetheless, this paper provides conceptual engineers, regardless of framework, with the tools to tackle questions related to implementation empirically and head-on. (shrink)

It is generally assumed that emotion concepts are purely descriptive. However, recent investigations suggest that the concept of happiness includes information about the morality of the agent's life. In this study, we argue that normative influences on emotion concepts are not restricted to happiness and are not about moral norms. In a series of studies, we show that emotion attribution is influenced by whether the agent's psychological and bodily states fit the situation in which they are experienced. People consider that (...) emotions are not just about feeling in certain ways, but also about feeling the right way. (shrink)

This study explores the relation between pain sensitivity and the cognitive processing of words. 130 participants evaluated the pain-relatedness of a total of 600 two-syllabic nouns, and subsequently reported on their own pain sensitivity. The results demonstrate that pain-sensitive people (based on their self-report) associate words more strongly with pain than less sensitive people. In particular, concrete nouns like syringe, wound, knife, and cactus, are considered to be more pain-related for those who are more pain-sensitive. We discuss our results in (...) the light of three theoretical frameworks – cognitive bias, prototype theory, embodied account. We argue that the latter is best suited to explain the results of this study in the sense in which it implies the principle of body specificity, according to which different bodily characteristics lead to corresponding differences in the way in which people construct concepts and word meanings. (shrink)

Thick terms and concepts, such as honesty and cruelty, are at the heart of a variety of debates in philosophy of language and metaethics. Central to these debates is the question of how the descriptive and evaluative components of thick concepts are related and whether they can be separated from each other. So far, no empirical data on how thick terms are used in ordinary language has been collected to inform these debates. In this paper, we present the first empirical (...) study, designed to investigate whether the evaluative component of thick concepts is communicated as part of the semantic meaning or by means of conversational implicatures. While neither the semantic nor the pragmatic view can fully account for the use of thick terms in ordinary language, our results do favour the semanticist interpretation: the evaluation of a thick concept is only slightly easier to cancel than semantically entailed content. We further discovered a polarity effect, demonstrating that how easily an evaluation can be cancelled depends on whether the thick term is of positive or negative polarity. (shrink)

Philosophers and linguists currently lack the means to reliably identify evaluative concepts and measure their evaluative intensity. Using a corpus-based approach, we present a new method to distinguish evaluatively thick and thin adjectives like ‘courageous’ and ‘awful’ from descriptive adjectives like ‘narrow,’ and from value-associated adjectives like ‘sunny.’ Our study suggests that the modifiers ‘truly’ and ‘really’ frequently highlight the evaluative dimension of thick and thin adjectives, allowing for them to be uniquely classified. Based on these results, we believe our (...) operationalization may pave the way for a more quantitative approach to the study of thick and thin concepts. (shrink)

Assertions are the centre of gravity in social epistemology. They are the vehicles we use to exchange information within scientific groups and society as a whole. It is therefore essential to determine under which conditions we are permitted to make an assertion. In this paper we argue and provide empirical evidence for the view that the norm of assertion is justified belief: truth or even knowledge are not required. Our results challenge the knowledge account advocated by, e.g. Williamson (1996), in (...) general, and more specifically, put into question several studies conducted by Turri (2013, 2016) that support a knowledge norm of assertion. Instead, the justified belief account championed by, e.g. Douven (2006), seems to prevail. (shrink)

This paper details the content and structure of the folk concept of life, and discusses its relevance for scientific research on life. In four empirical studies, we investigate which features of life are considered salient, universal, central, and necessary. Functionings, such as nutrition and reproduction, but not material composition, turn out to be salient features commonly associated with living beings (Study 1). By contrast, being made of cells is considered a universal feature of living species (Study 2), a central aspect (...) of life (Study 3), and our best candidate for being necessary for life (Study 4). These results are best explained by the hypothesis that people take life to be a natural kind subject to scientific scrutiny. (shrink)

Causal selection is the cognitive process through which one or more elements in a complex causal structure are singled out as actual causes of a certain effect. In this paper, we report on an experiment in which we investigated the role of moral and temporal factors in causal selection. Our results are as follows. First, when presented with a temporal chain in which two human agents perform the same action one after the other, subjects tend to judge the later agent (...) to be the actual cause. Second, the impact of temporal location on causal selection is almost canceled out if the later agent did not violate a norm while the former did. We argue that this is due to the impact that judgments of norm violation have on causal selection—even if the violated norm has nothing to do with the obtaining effect. Third, moral judgments about the effect influence causal selection even in the case in which agents could not have foreseen the effect and did not intend to bring it about. We discuss our findings in connection to recent theories of the role of moral judgment in causal reasoning, on the one hand, and to probabilistic models of temporal location, on the other. (shrink)

Affect-based theorists and life satisfaction theorists disagree about the nature of happiness, but agree about this methodological principle: a philosophical theory of happiness should be in line with the folk concept HAPPINESS. In this article, we present two empirical studies indicating that it is affect-based theories that get the folk concept HAPPINESS right: competent speakers judge a person to be happy if and only if that person is described as feeling pleasure/good most of the time. Our studies also show that (...) the judgement that a person is feeling pleasure/good most of the time reliably brings about the judgement that they are satisfied with their life, even if that person is described as not satisfied. We suggest that this direct causal relation between the concepts POSITIVE AFFECT and LIFE SATISFACTION might explain why many philosophers have been attracted to life satisfaction theories. (shrink)

The paper investigates some principles of transcendental realism and their role in the third antinomy of the Critique of Pure Reason. We try to show that things and representations, as well as distinctive types of faculties, are differently confl ated according to diff erent ways in which space and time are said independent of our sensibility. We try to explain the diff erent claims of partisans of thesis and antithesis in the third antinomy based on these different ways in which (...) things and representations, and cognitive principles, collapse. (shrink)

Through a series of empirical studies involving native speakers of English, German, and Chinese, this paper reveals that the predicate “true” is inherently ambiguous in the empirical domain. Truth statements such as “It is true that Tom is at the party” seem to be ambivalent between two readings. On the first reading, the statement means “Reality is such that Tom is at the party.” On the second reading, the statement means “According to what X believes, Tom is at the party.” (...) While there appear to exist some cross-cultural differences in the interpretation of the statements, the overall findings robustly indicate that “true” has multiple meanings in the realm of empirical matters. (shrink)

The realistic alternatives to the kantian transcendental idealism, inso- far as they “categorematically” conceive the thinking subject, show themselves inconsistent with the critical treatment. We will try to determine here the detachment acquired by the critical philosophy in relation to transcendental realism due to the peculiar treatment given to the logical functions, categories and, consequently, to the very unity of apperception involved in all judging.

O objetivo deste estudo é examinar a necessidade de subscrever um tratamento rigidamente hierárquico da relação vigente entre máximas e imperativos morais. Para tanto, pretende-se delinear (e não mais que isso) um modelo exegético do agir segundo princípios que, por um lado, não demande tal rigidez e, por outro, seja capaz de garantir o estatuto privilegiado do bem moral face ao bem natural – o que será feito mediante a exposição, na medida do possível, de seus princípios e con- sequências. (...) A expectativa é de que isso possa, se bem sucedido, significar um pequeno passo na direção do esclarecimento do que está envolvido na prova levada a cabo por Kant na seção final da Fundamentação. (shrink)

This paper challenges the philosophical assumption that bodily sensations are free from normative constraints. It examines the normative status of bodily sensations through two studies: a corpus-linguistic analysis and an experimental investigation. The corpus analysis shows that while emotions are frequently subject to normative judgments concerning their appropriateness, similar attitudes are less evident towards bodily sensations like feelings of pain, hunger and cold. In contrast, however, the experimental study reveals notable differences in conceptions of bodily sensations. It finds that sensations (...) of hunger and cold are occasionally subject to normative assessment, with about half of the participants considering it reasonable to assess these sensations normatively. (shrink)

Generic statements (‘Tigers have stripes’) are pervasive and early-emerging modes of generalization with a distinctive linguistic profile. Previous experimental work found that generics display a unique asymmetry between their acceptance conditions and the implications that are typically drawn from them. This paper presents evidence against the hypothesis that only generics display an asymmetry. Correcting for limitations of previous designs, we found a generalized asymmetry effect across generics, various kinds of explicitly quantified statements (‘most’, ‘some’, ‘typically’, ‘usually’), and variations in types (...) of predicated properties (striking vs. neutral). We discuss implications of these results for our understanding of the source of asymmetry effects and whether and in which ways these effects might introduce biased beliefs into social networks. (shrink)

Experimental philosophy of consciousness aims to investigate and explain our thinking about phenomenally conscious states. Based on empirical studies, researchers have argued (a) that we lack a folk concept of consciousness, (b) that we do not think entities like Microsoft feel regret, (c) that unfelt pains are widely accepted, and (d) that people do not attribute phenomenally conscious states to duplicated hamsters. In this article, I review these and other intriguing claims about people’s understanding of phenomenal consciousness. In doing so, (...) I also show why experimental philosophy of consciousness is challenging, although perhaps not quite as daunting as studying phenomenal consciousness itself. (shrink)

In much of the current academic and public discussion, conspiracy theories are portrayed as a negative phenomenon, linked to misinformation, mistrust in experts and institutions, and political propaganda. Rather surprisingly, however, philosophers working on this topic have been reluctant to incorporate a negatively evaluative aspect when either analyzing or engineering the concept conspiracy theory. In this paper, we present empirical data on the nature of the concept conspiracy theory from five studies designed to test the existence, prevalence and exact form (...) of an evaluative dimension to the ordinary concept conspiracy theory. These results reveal that, while there is a descriptive concept of conspiracy theory, the predominant use of conspiracy theory is deeply evaluative, encoding information about epistemic deficiency and often also derogatory and disparaging information. On the basis of these results, we present a new strategy for engineering conspiracy theory to promote theoretical investigations and institutional discussions of this phenomenon. We argue for engineering conspiracy theory to encode an epistemic evaluation, and to introduce a descriptive expression—such as ‘conspiratorial explanation’—to refer to the purely descriptive concept conspiracy theory. (shrink)

Discussions in social psychology overlook an important way in which biases can be encoded in conceptual representations. Most accounts of implicit bias focus on ‘mere associations’ between features and representations of social groups. While some have argued that some implicit biases must have a richer conceptual structure, they have said little about what this richer structure might be. To address this lacuna, we build on research in philosophy and cognitive science demonstrating that concepts represent dependency relations between features. These relations, (...) in turn, determine the centrality of a feature f for a concept C: roughly, the more features of C depend on f, the more central f is for C. In this paper, we argue that the dependency networks that link features can encode significant biases. To support this claim, we present a series of studies that show how a particular brilliance-gender bias is encoded in the dependency networks which are part of the concepts of female and male academics. We also argue that biases which are encoded in dependency networks have unique implications for social cognition. (shrink)

Traditionally, the investigation of truth has been anchored in a priori reasoning. Cognitive science deviates from this tradition by adding empirical data on how people understand and use concepts. Building on psychophysics and machine learning methods, we introduce conceptual scaling, an approach to map people's understanding of abstract concepts. This approach, allows computing participant-specific conceptual maps from obtained ordinal comparison data, thereby quantifying perceived similarities among abstract concepts. Using this approach, we investigated individual's alignment with philosophical theories on truth and (...) the predictive capacity of conceptual maps. The obtained results indicated that, while people's understanding of truth is multifaceted and encapsulates notions of coherence and authenticity, alignment is best for the correspondence theory of truth. Furthermore, conceptual maps allowed predicting individual outcomes with an accuracy of roughly 70%. This research demonstrates that conceptual scaling offers accurate descriptions of individual's understanding of abstract concepts, behavioral predictions, and quantification of alignment with theoretical perspectives. (shrink)

Philosophical orthodoxy holds that pains are mental states, taking this to reflect the ordinary conception of pain. Despite this, evidence is mounting that English speakers do not tend to conceptualize pains in this way; rather, they tend to treat pains as being bodily states. We hypothesize that this is driven by two primary factors—the phenomenology of feeling pains and the surface grammar of pain reports. There is reason to expect that neither of these factors is culturally specific, however, and thus (...) reason to expect that the empirical findings for English speakers will generalize to other cultures and other languages. In this article we begin to test this hypothesis, reporting the results of two cross-cultural studies comparing judgments about the location of referred pains between two groups—Americans and South Koreans—that we might otherwise expect to differ in how they understand pains. In line with our predictions, we find that both groups tend to conceive of pains as bodily states. (shrink)

John Schlitpacher (†1482), who was prior of Melk in the 15th century, encouraged both the circulation of manuscripts at his Abbey and their transcription, even in abbreviated form to the benefit of the Abbey School students. This article looks at the sources and diffusion of texts to and from Melk Abbey in that period, examining the case of a codex purchased by Nicholas of Cusa, registered in his Library as no. 58, and subsequently loaned to the monks in Melk to (...) be copied. It contained the Scala Paradisi by John Climacus and the De spiritualibus deliciis by John of Dambach. In the article, I underline that both of these works, copied in codex 58, were in accordance with John Gerson’s theological approach, which was prevalent in Melk at that time. Moreover, I confirm that there are doctrinal similarities between the two works mentioned above and two, hitherto, unedited writings by Schlitpacher from the same period – the treatise De ascensionibus cordis, which is a summary of the De spiritualibus ascensionibus by Gerard Zerbolt of Zutphen, and another entitled De felicitate beatorum (or De gaudiis electorum). (shrink)

The late Middle Ages witnessed a recapitulation of medieval reflection on beauty. Jean Gerson is an important representative of these philosophical and theological contributions, although he has been largely neglected up to this time. A first dimension of his ideas on beauty is the incorporation of beauty (pulchrum) into the number of transcendentals, i.e., the concepts “convertible” with the notion of being (ens), that is, unity, truth, and goodness (unum, verum and bonum). This article revisits Monica Calma’s study on (...) Gerson’s theory of beauty and suggests new hypothetical sources that may have inspired this aspect of his thought. The second aspect emphasised here is Gerson’s classification of beauty, which entails some similarities to the one of Ulrich of Strasbourg, but also differs from it. Moreover, its incorporation of a division entirely devoted to artistic beauty is highly remarkable. (shrink)

Levi ben Gerson was a medieval astronomer who responded in an unusual way to the Ptolemaic tradition. He significantly modified Ptolemy’s lunar and planetary theories, in part by appealing to physical reasoning. Moreover, he depended on his own observations, with instruments he invented, rather than on observations he found in literary sources. As a result of his close attention to the variation in apparent planetary sizes, a subject entirely absent from the Almagest, he discovered a new phenomenon of Mars (...) and noticed a serious flaw in Ptolemy’s treatment of the Moon. (shrink)

This paper investigates the historical origin and ancestors of typicality, which is now a central concept in Boltzmannian Statistical Mechanics and Bohmian Mechanics. Although Ludwig Boltzmann did not use the word typicality, its main idea, namely, that something happens almost always or is valid for almost all cases, plays a crucial role for his explanation of how thermodynamic systems approach equilibrium. At the beginning of the 20th century, the focus on almost always or almost everywhere was fruitful for developing measure (...) theory and probability theory. It was apparently Hugh Everett III who first mentioned typicality in physics in 1957 while searching for a justification of the Born rule in his interpretation of quantum mechanics. The historically closest concept before these developments is moral certainty, which was invented by the medieval French theologian Jean Gerson, and it became a standard concept at least until the Age of Enlightenment, when Jakob Bernoulli proved the Law of Large numbers. (shrink)

In a recent paper, Reuter, Seinhold and Sytsma put forward an implicature account to explain the intuitive failure of the pain-in-mouth argument. They argue that utterances such as ‘There is tissue damage / a pain / an inflammation in my mouth’ carry the conversational implicature that there is something wrong with the speaker’s mouth. Appealing to new empirical data, this paper argues against the implicature account and for the entailment account, according to which pain reports using locative locutions, such (...) as ‘There is a pain in my mouth’, are intuitively understood as entailing corresponding predicative locutions, such as ‘My mouth hurts.’ On this latter account, the pain-in-mouth argument seems invalid because the conclusion is naturally understood as entailing something which cannot be inferred from the premisses. Implications for the philosophical debate about pain are also drawn. (shrink)

The norm of assertion, to be in force, is a social norm. What is the content of our social norm of assertion? Various linguistic arguments purport to show that to assert is to represent oneself as knowing. But to represent oneself as knowing does not entail that assertion is governed by a knowledge norm. At best these linguistic arguments provide indirect support for a knowledge norm. Furthermore, there are alternative, non-normative explanations for the linguistic data (as in recent work from (...) Van Elswyk). Direct arguments would rely on normative judgments about the permissibility or impermissibility of assertions with and without the speaker knowing the content asserted. John Turri's work experimental results purport to show that our norm of assertion is factive, and probably knowledge. But as a number of recent experimentalists (Kneer, Reuter and Broessel, Marsili and Wiegmann) have shown, Turri's results rely on the problemmatic use of 'should' as in 'Maria should assert that she owns a 1990 watch.' Correcting for this, these experimentalists provide strong evidence that our norm of assertion is not factive. The standard reply to evidence like this from the assertion of unlucky falsehoods is the excuse maneuver. But Marsili and Wiegmann, following Turri's protocol for testing for excuse validation, show that participants who judge that assertions unlucky falsehoods are permissible are not guilty of excuse validation. Given our current understanding of the experimental evidence, knowledge is not our norm of assertion. (shrink)

Using the example of recent attempts to engineer the concept of conspiracy theory, I argue that philosophers should be far more circumspect in their approach to conceptual engineering than we have been – in particular, that we should pay much closer attention to the history behind and context that surrounds our target concept in order to determine whether it is a site of what I have elsewhere called ‘conceptual domination’. If it is, we may well have good reason to avoid (...) engineering. In their recent ‘What is a Conspiracy Theory?’, M. Giulia Napolitano and Kevin Reuter argue that the disagreement between generalists and particularists in the literature on conspiracy theories is best characterized as a set of dueling conceptual engineering projects. While I agree with their turn to this metaphilosophical literature, I give a very different account of its applicability. Particularists, on my account, are better read as aiming to diagnose the ways in which many discussions of the concept of conspiracy theories are a form of conceptual domination, where this broader context should then prompt us to abandon or block any concept of conspiracy theory that treats its referents as inherently defective. Broader metaphilosophical lessons are drawn. (shrink)

In today’s neoliberal audit cultures university rankings, quantitative evaluation of publications by JIF or researchers by h-index are believed to be indispensable instruments for “quality assurance” in the sciences. Yet there is increasing resistance against “impactitis” and “evaluitis”. Usually overseen: Trivial errors in Thomson Reuters’ citation indexes produce severe non-trivial effects: Their victims are authors, institutions, journals with names beyond the ASCII-code and scholars of humanities and social sciences. Analysing the “Joshua Lederberg Papers” I want to illuminate eventually successful ‘invention’ (...) of science citation indexing is a product of contingent factors. To overcome severe resistance Eugene Garfield, the “father” of citation indexing, had to foster overoptimistic attitudes and to downplay the severe problems connected to global and multidisciplinary citation indexing. The difficulties to handle different formats of references and footnotes, non-Anglo-American names, and of publications in non-English languages were known to the pioneers of citation indexing. Nowadays the huge for-profit North-American media corporation Thomson Reuters is the owner of the citation databases founded by Garfield. Thomson Reuters’ influence on funding decisions, individual careers, departments, universities, disciplines and countries is immense and ambivalent. Huge technological systems show a heavy inertness. This insight of technology studies is applicable to the large citation indexes by Thomson Reuters, too. (shrink)

In De Anima I 4, Aristotle describes the intellect (nous) as a sort of substance, separate and incorruptible. Myles Burnyeat and Lloyd Gerson take this as proof that, for Aristotle, the intellect is a separate eternal entity, not a power belonging to individual humans. Against this reading, I show that this passage does not express Aristotle’s own views, but dialectically examines a reputable position (endoxon) about the intellect that seems to show that it can be subject to change. The (...) passage’s argument for the indestructibility of intellect via an analogy to perception does not fit with Aristotle’s own views. Aristotle thinks that perception operates via bodily organs, but denies this of understanding. He also requires separability from the body for indestructibility, something this analogy rules out. However, Aristotle’s Platonist interlocutors may well endorse such an argument. My dialectical interpretation best resolves the interpretative difficulties and explains its place in the larger context, Aristotle’s discussion of Platonist views on the soul. Aristotle presents a challenge to his insistence that the soul is subject to change, dialectically resolves that challenge, and then ends by reserving the right to give a different account of the intellect. (shrink)

Obecny ranking czasopism humanistycznych jest skrajnie niesprawiedliwy: za publikację w najlepszych czasopismach w swoich dziedzinach humaniści mogą otrzymać tylko 10 pkt (lista C); za publikacje w najsłabszym w danej dziedzinie czasopiśmie indeksowanym przez Thomson Reuters (TR) i posiadającym Impact Factor (IF) dostaje się obecnie 15, a w najlepszym – 50 (lista A). W tym tekście najpierw omawiam trzy możliwości sporządzenia rankingu czasopism filozoficznych, a potem przedstawiam własną propozycję rankingu opartego na liście ERIH i indeksie SCImago (Scopus). Główna zaleta mojego rozwiązania (...) polega na tym, że cytowania nie są głównym kryterium, ale służą jako uzupełnienie pierwotnego podziału opartego na kryteriach jakościowych przeprowadzonego przez ekspertów na zlecenie European Research Council. (shrink)

Readers of Stoic ethics may find ‘benefit’ (ōpheleia) an essential but enigmatic concept. It directly connects to some critical terms of Stoic ethics, such as ‘good’ and ‘virtue,’ but there is no extant discussion of a definition. Beyond the superficial connections, what makes ‘benefit’ beneficial? Why is benefit a good thing? I argue that these essential questions remain unanswerable for a good reason: Stobaeus committed to a specious claim about benefit in his Anthology, which has misguided later commentaries. Either the (...) Stoics themselves made a stronger contrast between sages and inferior people at the cost of coherence, or Stobaeus simply mischaracterized the Stoics’ ideas in his descriptions. This paper aims to clarify Stobaeus’s inaccurate description and reconstruct a coherent and comprehensible interpretation of benefit in the Stoic spirit, with the help of Stoic cosmology. To benefit is to further nature’s agreement. Given the available evidence, I argue that Stoics seem to, or should, be committed to my interpretation. This paper is structured as follows. Section 1 offers a quick background of Stoic ethics. Section 2 discusses two important characteristics of benefit. Section 3 discusses Stobaeus’s description of benefit and inferior people. Section 4 attempts an interpretation of benefit. Finally, Section 5 discusses Inwood and Gerson’s interpretation and argues that it is inadequate. (shrink)

Mystical Theology and Platonism in the Time of Cusanus engages with the history of mystical theology and Neoplatonic philosophy through the lens of the 15th century philosopher and theologian, Nicholas of Cusa. The volume comprises nineteen essays that break down the barriers between medieval and Renaissance studies, reinterpreting Cusanus’ place in the history of thought by exploring the archive that informed his thinking, while also interrogating his works by exploring them from the standpoint of their later reception by modern philosophers (...) and theologians. The volume also offers tribute to the career of Donald F. Duclow, a leading scholar in the field of Cusanus studies in particular and of the history of mystical theology and Neoplatonic philosophy more generally. (shrink)

This book is an anthology with the following themes. Non-European Tradition: Bussanich interprets main themes of Hindu ethics, including its roots in ritual sacrifice, its relationship to religious duty, society, individual human well-being, and psychic liberation. To best assess the truth of Hindu ethics, he argues for dialogue with premodern Western thought. Pfister takes up the question of human nature as a case study in Chinese ethics. Is our nature inherently good (as Mengzi argued) or bad (Xunzi’s view)? Pfister ob- (...) serves their underlying agreement, that human beings are capable of becoming good, and makes precise the disagreement: whether we achieve goodness by cultivating autonomous feelings or by accepting external precepts. There are political consequences: whether government should aim to respect and em- power individual choices or to be a controlling authority. Early Greek Thinking: Collobert examines the bases of Homeric ethics in fame, prudence, and shame, and how these guide the deliberations of heroes. She observes how, by depending upon the poet’s words, the hero gains a quasi- immortality, although in truth there is no consolation for each person’s inevi- table death. Plato: Santas examines Socratic Method and ethics in Republic 1. There Socrates examines definitions of justice and tests them by comparison to the arts and sciences. Santas shows the similarities of Socrates’ method to John Rawls’ method of considered judgments in reflective equilibrium. McPherran interprets Plato’s religious dimension as like that of his teacher Socrates. McPherran shows how Plato appropriates, reshapes, and extends the religious conventions of his own time in the service of establishing the new enterprise of philosophy. Ac- cording to Taylor, Socrates believes that humans in general have the task of helping the gods by making their own souls as good as possible, and Socrates’ unique ability to cross-examine imposes on him the special task of helping others to become as good as possible. This conception of Socrates’ mission is Plato’s own, consisting in an extension of the traditional conception of piety as helping the gods. Brickhouse and Smith propose a new understanding of Socratic moral psychology—one that retains the standard view of Socrates as an intellectualist, but also recognizes roles in human agency for appetites and passions. They compare and contrast the Socratic view to the picture of moral psychology we get in other dialogues of Plato. Hardy also proposes a new, non-reductive understanding of Socratic eudaimonism—he argues that Socrates invokes a very rich and complex notion of the “Knowledge of the Good and Bad”, which is associated with the motivating forces of the virtues. Rudebusch defends Socrates’ argument that knowledge can never be impotent in the face of psychic passions. He considers the standard objections: that knowledge cannot weigh incom- mensurable human values, and that brute desire, all by itself, is capable of moving the soul to action. Aristotle: Anagnostopoulos interprets Aristotle on the nature and acquisition of virtue. Though virtue of character, aiming at human happiness, requires a complex awareness of multiple dimensions of one’s experience, it is not properly a cognitive capacity. Thus it requires habituation, not education, according to Aristotle, in order to align the unruly elements of the soul with reason’s knowledge of what promotes happiness. Shields explains Aristotle’s doctrine that goodness is meant in many ways as the doctrine that there are different analyses of goodness for different types of circumstance, just as for being. He finds Aristotle to argue for this conclusion, against Plato’s doctrine of the unity of the Good, by applying the tests for homonymy and as an immediate cons- equence of the doctrine of categories. Shields evaluates the issue as unresolved at present. Russell discusses Aristotle’s account of practical deliberation and its virtue, intelligence (phronesis). He relates the account to contemporary philo- sophical controversies surrounding Aristotle’s view that intelligence is neces- sary for moral virtue, including the objections that in some cases it is unnecessary or even impedes human goodness. Frede examines the advantages and disadvantages of Aristotle’s virtue ethics. She explains the general Greek con- ceptions of happiness and virtue, Aristotle’s conception of phronesis and compares the Aristotle’s ethics with modern accounts. Liske discusses the question of whether the Aristotelian account of virtue entails an ethical-psy- chological determinism. He argues that Aristotle’s understanding of hexis allows for free action and ethical responsibility : By making decisions for good actions we are able to stabilize our character (hexis). Hellenistic and Roman: Annas defends an account of stoic ethics, according to which the three parts of Stoicism—logic, physics, and ethics—are integrated as the parts of an egg, not as the parts of a building. Since by this analogy no one part is a foundation for the rest, pedagogical decisions may govern the choice of numerous, equally valid, presentations of Stoic ethics. Piering interprets the Cynic way of life as a distinctive philosophy. In their ethics, Cynics value neither pleasure nor tradition but personal liberty, which they achieve by self-suffi- ciency and display in speech that is frank to the point of insult. Plotinus and Neoplatonism: Gerson outlines the place of ordinary civic virtue as well as philosophically contemplative excellence in Neoplatonism. In doing so he attempts to show how one and the same good can be both action-guiding in human life and be the absolute simple One that grounds the explanation of everything in the universe. Delcomminette follows Plotinus’s path to the Good as the foundation of free will, first in the freedom of Intellect and then in the “more than freedom” of the One. Plotinus postulates these divinities as not outside but within each self, saving him from the contradiction of an external foundation for a truly free will. General Topics: Halbig discusses the thesis on the unity of virtues. He dis- tinguishes the thesis of the identity of virtues and the thesis of a reciprocity of virtues and argues that the various virtues form a unity (in terms of reciprocity) since virtues cannot bring about any bad action. Detel examines Plato’s and Aristotle’s conceptions of normativity : Plato and Aristotle (i) entertained hybrid theories of normativity by distinguishing functional, semantic and ethical normativity, (ii) located the ultimate source of normativity in standards of a good life, and thus (iii) took semantic normativity to be a derived form of normativity. Detel argues that hybrid theories of normativity are—from a mo- dern point of view—still promising. Ho ̈ffe defends the Ancient conception of an art of living against Modern objections. Whereas many Modern philosophers think that we have to replace Ancient eudaimonism by the idea of moral obligation (Pflicht), Ho ̈ffe argues that Eudaimonism and autonomy-based ethics can be reconciled and integrated into a comprehensive and promising theory of a good life, if we enrich the idea of autonomy by the central elements of Ancient eudaimonism. Some common themes: The topics in Chinese and Hindu ethics are perhaps more familiar to modern western sensibilities than Homeric and even Socratic. Anagnostopoulos, Brickhouse and Smith, Frede, Liske, Rudebusch, and Russell all consider in contrasting ways the role of moral character, apart from intellect, in ethics. Brickhouse / Smith, Hardy, and Rudebusch discuss the Socratic con- ception of moral knowledge. Brickhouse / Smith and Hardy retain the standard view of the so called Socratic Intellectualism. Shields and Gerson both consider the question whether there is a single genus of goodness, or if the term is a homonym. Bussanich, McPherran, Taylor, and Delcomminette all consider the relation between religion and ethics. Pfister, Piering, Delcomminette, and Liske all consider what sort of freedom is appropriate to human well-being. Halbig, Detel, and Ho ̈ffe propose interpretations of main themes of Ancient ethics. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

Criminal offences and regulatory breaches in using social networking evidence in personal injury litigation Pages 2-7 Current Criminal Law ISSN 1758-8405 Volume 2 Issue 3 March 2010 Author SALLY RAMAGE WIPO 900614 UK TM 2401827 USA TM 3,440.910 Orchid ID 0000-0002-8854-4293 Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Publisher & Managing Editor, Criminal Lawyer series [1980-2022](ISSN 2049-8047); Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson (...) Reuters) (Licensed Annotator of UK Statutes) in Current Law Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. Trade Mark SALLY RAMAGE ® 2401827 (2005-2025) in the UK, WIPO Trade Mark SALLY RAMAGE® 900164; USA-(Trade Mark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. Essentially, Social Network information may not always be admissible in a court of law but may be the door to lead to other, non-contentious evidence. In fact, even illegally obtained evidence may sometimes be admissible evidence, though this is not absolute. Most of the information available on social networking sites will be ‘personal data’. The data controller is the network operator, without whose consent, collecting such information could be an offence, unless it was necessary for the purpose of preventing or detecting crime. (shrink)