Hume held that we have no rational justification for our inductive beliefs. A more radical view is that we have no rational justification for any of our beliefs. This dissertation has two goals pertaining to this more radical view. // The first goal is to find a basis for constructive epistemology that is consistent with this view. This goal is first sought by considering externalist theories of knowledge since these do not require rational justification for knowledge. Externalist theories are defended (...) against the usual objections, partly via a strategy of immunizing them from counterexample-based objections by arguing that epistemologies can be successful even if they fail to explicate ordinary epistemic notions. But a new objection to externalist theories is then brought to light. The objection begins as an attack against a dogma of contemporary epistemology, that the chief benefit of possessing knowledge is having a true belief. It is argued that there are many other benefits to having knowledge , and that externalist theories are defective because externalist knowledge lacks these benefits. A mixed internalist/externalist theory, bilevel reliabilism, is then presented as a solution to this difficulty. //The second goal is to provide an explanation of the function and origin of human epistemic practices that is consistent with the no-rational-justification view. Providing such an explanation is problematic for holders of this view because, if it is correct, it seems, prima facie, that there is no reason to have epistemic practices. This goal is achieved by arguing that epistemic practices, despite appearing to have rational justification as their goal, chiefly function to promote the existence of bilevel reliabilist knowledge, a very useful type of belief that is not rationally justified. It is then argued that the explanation of the origin of epistemic practices is that they arise from natural human inductive tendencies. (shrink)

Biological ontologies are used to organize, curate, and interpret the vast quantities of data arising from biological experiments. While this works well when using a single ontology, integrating multiple ontologies can be problematic, as they are developed independently, which can lead to incompatibilities. The Open Biological and Biomedical Ontologies Foundry was created to address this by facilitating the development, harmonization, application, and sharing of ontologies, guided by a set of overarching principles. One challenge in reaching these goals was that the (...) OBO principles were not originally encoded in a precise fashion, and interpretation was subjective. Here we show how we have addressed this by formally encoding the OBO principles as operational rules and implementing a suite of automated validation checks and a dashboard for objectively evaluating each ontology’s compliance with each principle. This entailed a substantial effort to curate metadata across all ontologies and to coordinate with individual stakeholders. We have applied these checks across the full OBO suite of ontologies, revealing areas where individual ontologies require changes to conform to our principles. Our work demonstrates how a sizable federated community can be organized and evaluated on objective criteria that help improve overall quality and interoperability, which is vital for the sustenance of the OBO project and towards the overall goals of making data FAIR. Competing Interest StatementThe authors have declared no competing interest. (shrink)

[A. W. Moore] Criteria of ineffability are presented which, it is claimed, preclude the possibility of truths that are ineffable, but not the possibility of other things that are ineffable—not even the possibility of other things that are non-trivially ineffable. Specifically, they do not preclude the possibility of states of understanding that are ineffable. This, it is argued, allows for a reappraisal of the dispute between those who adopt a traditional reading of Wittgenstein’s Tractatus and those who adopt the (...) new reading recently championed by Cora Diamond, James Conant, and others. By maintaining that what the nonsense in the Tractatus is supposed to convey is ineffable understanding, rather than ineffable truth, we can do considerable justice to each of these readings. We can also do considerable justice to the Tractatus. /// [Peter Sullivan] Moore proposes to cut between 'traditional' and 'new' approaches to the Tractatus, suggesting that Wittgenstein's intention is to convey, through the knowing use of nonsense, ineffable understanding. I argue, first, that there is indeed room for a proposal of Moore's general kind. Secondly, though, I question whether Moore's actual proposal is not more in tune with Wittgenstein's later thought than with the attitude of the Tractatus. (shrink)

Is self-knowledge a requirement of rationality, like consistency, or means-ends coherence? Many claim so, citing the evident impropriety of asserting, and the alleged irrationality of believing, Moore-paradoxical propositions of the form < p, but I don't believe that p>. If there were nothing irrational about failing to know one's own beliefs, they claim, then there would be nothing irrational about Moore-paradoxical assertions or beliefs. This article considers a few ways the data surrounding Moore's paradox might be marshaled (...) to support rational requirements to know one's beliefs, and finds that none succeed. (shrink)

Self-verifying judgments like _I exist_ seem rational, and self-defeating ones like _It will rain, but I don’t believe it will rain_ seem irrational_._ But one’s evidence might support a self-defeating judgment, and fail to support a self-verifying one. This paper explains how it can be rational to defy one’s evidence if judgment is construed as a mental performance or act, akin to inner assertion. The explanation comes at significant cost, however. Instead of causing or constituting beliefs, judgments turn out to (...) be mere epiphenomena, and self-verification and self-defeat lack the broader philosophical import often claimed for them. (shrink)

Full privatisation of schools would involve states abstaining from providing, funding or regulating schools. I argue that full privatisation would, in most circumstances, worsen social injustice in schooling. I respond to James Tooley's critique of my own arguments for funding and regulation and markets. I argue that even his principle of educational adequacy requires a certain level of state involvement and demonstrate that his arguments against a principle of educational equality fail. I show, furthermore, that he relies on an (...) over-optimistic attitude regarding the operation of markets, which involves a failure to appreciate the diversity of quality in states, and that he misreads the evidence concerning private schooling in some developing countries. (shrink)

This chapter both explains the origins of emotivism in C. K. Ogden and I. A. Richards, R. B. Braithwaite, Austin Duncan-Jones, A. J. Ayer and Charles Stevenson (along with the endorsement by Frank P. Ramsey, and the summary of C. D. Broad), and looks at MacIntyre's criticisms of emotivism as the inevitable result of Moore's attack on naturalistic ethics and his ushering in the fact/value, which was a historical product of the Enlightenment.

The purpose of this paper is to analyze the theoretical commitments of autopoietic enactivism in relation to Errol E Harris’s dialectical holism in the interest of establishing a common metaphysical ground. This will be undertaken in three stages. First, it is argued that Harris’s reasoning provides a means of developing enactivist ontology beyond discussions limited to cognitive science and into domains of metaphysics that have traditionally been avoided by phenomenologists. Here, I maintain enactivist commitments are consistent with Harris’s reasoning from (...) certain synthetic a priori first principles, to his derivation of a teleological anthropic principle, which asserts the necessity of consciousness within the cosmos. Second, it is proposed that Steven Rosen’s long-standing proposal for a topology of phenomenology may provide a common logical foundation for both Harris and enactivists regarding anthropic reasoning. Third, it is argued that a pragmatic approach to process ontology is the most rigorous way of responding to the realism/anti-realism concerns that inevitably follow. If successful, this work will update Harris’s arguments with contemporary scientific and philosophical terminology and extend enactivism from philosophy of mind, into a general phenomenological ontology. (shrink)

This paper critically examines currently influential transparency accounts of our knowledge of our own beliefs that say that self-ascriptions of belief typically are arrived at by “looking outward” onto the world. For example, one version of the transparency account says that one self-ascribes beliefs via an inference from a premise to the conclusion that one believes that premise. This rule of inference reliably yields accurate self-ascriptions because you cannot infer a conclusion from a premise without believing the premise, and so (...) you cannot infer from a premise that you believe the premise unless you do believe it. I argue that this procedure cannot be a source of justification, however, because one can be justified in inferring from p that q only if p amounts to strong evidence that q is true. This is incompatible with the transparency account because p often is not very strong evidence that you believe that p. For example, unless you are a weather expert, the fact that it will rain is not very strong evidence that you believe it will rain. After showing how this intuitive problem can be made precise, I conclude with a broader lesson about the nature of inferential justification: that beliefs, when justified, must be underwritten by beliefs, when justified, must be underwritten by evidential relationships between the facts or propositions which those beliefs represent. (shrink)

This selective overview of the history of American Philosophy in the Twentieth Century begins with certain enduring themes that were developed by the two main founders of classical American pragmatism, Charles Sanders Peirce (1839--1914) and William James. Against the background of the pervasive influence of Kantian and Hegelian idealism in America in the decades surrounding the turn of the century, pragmatism and related philosophical outlooks emphasizing naturalism and realism were dominant during the first three decades of the century. Beginning (...) in the 1930s and 1940s, however, the middle third of the century witnessed the rising influence in America of what would become known as “‘analytic philosophy’,” with its primary roots in Europe: in the Cambridge philosophical analysis of Moore, Russell, and Wittgenstein; logical empiricism and positivism on the continent; and linguistic analysis and ordinary- language philosophy at Oxford. This overview stresses the persistence of pragmatist themes throughout much of the century, while emphasizing the mid-century transformations that resulted from developments primarily in analytic philosophy. These combined influences resulted at the turn of the millennium in the flourishing, among other developments, of distinctively analytic styles of pragmatism and naturalism. (shrink)

In this essay, I look at two negative portrayals of egoism. I summarize in detail the superb All About Eve—which won six Academy Awards, including Best Picture. The movie is about the rise of a ruthlessly ambitious actress, and how she treats her main competitor. Eve Harrington worms her way into top theatrical actress Margo Channing’s inner circle by pretending to be an admirer, but she is really a schemer who wants to eclipse Margo’s star in the theater universe. However, (...) Eve runs into trouble when she attempts to manipulate tart-tongued theater critic, Addison de Witt. The movie portrays the New York theater industry as being full of narcissists. I then review the classic film noir The Third Man (1949), rated by the prestigious British Film Institute as the greatest film of the 20th century. The film centers around a charismatic, handsome criminal mastermind Harry Lime living in bombed-out post-War Vienna. Lime is a man of no conscience or empathy—a true psychopath. He cripples children by selling hospitals adulterated penicillin. But we (the audience) still feel sympathy for him. I end the piece by explaining the psychological mechanisms at work that give rise to our paradoxical sympathy. (shrink)

James A. Harris's biography of David Hume is the first such study to appear since Ernest Mossner's The Life of David Hume (1954). Unlike Mossner, Harris aims to write a specifically "intellectual biography", one that gives "a complete picture of Hume's ideas" and "relates Hume's works to the circumstances in which they were conceived and written" (vii). Harris's study turns on four central theses or claims about the character of Hume's thought and how it is structured and developed. The (...) claims are: (1) Hume's Treatise has no claim to any sort of "privileged" status in relation to Hume's other major works -- which include his Essays and his History of England. -/- (2) There is no system, doctrine, or fundamental aims or ambitions that serve to unify Hume's thought. -/- (3) Irreligious aims and interests are not of any particular or unique importance for Hume's thought. Moreover, whatever irreligious aims and objectives Hume may have had, they reflect his moderate, neutral and detached attitude to this and all other subjects -- there is no underlying animus or hostility against religion that motivates his contributions to this subject. (4) Hume's thought should be understood and explained not in terms of his concern with some specific subject matter or body of doctrine but rather in terms of his style and his identity as a "philosophical man of letters". -/- The general picture of Hume that emerges from this study, as constructed around these four core theses, is, as I will explain, incomplete, unconvincing and, in important respects, seriously flawed and misleading. -/- . (shrink)

An interview with The philosopher James Moore on the occasion of his ACM Making a Difference Award, in 2003.

I argue that the familiar picture of the rise of analytic philosophy through the early work of G. E. Moore and Bertrand Russell is incomplete and to some degree erroneous. Archival evidence suggests that a considerable influence on Moore, especially evident in his 1899 paper ‘The nature of judgment,’ comes from the literature in nineteenth-century empirical psychology rather than nineteenth-century neo-Hegelianism, as is widely believed. I argue that the conceptual influences of Moore’s paper are more likely to (...) have had their source in the work of two of Moore’s teachers, G. F. Stout and James Ward. What may be called an anti-psychologism about psychology characterizes the work of these and other psychologists of the period. I argue that the anti-psychologism that is the main aim of Moore’s early theory of judgment is an adaptation of this notion, which is significantly dissimilar from the notion defended by Bradley, traditionally thought to have been a key influence on Moore.Keywords: G. E. Moore; Bertrand Russell; Propositions; Anti-psychologism; Early analytic philosophy; G. F. Stout. (shrink)

James Levine has recently argued that there is a tension between Russell’s Moorean semantical framework and Russell’s Peano-inspired analytical practice. According to Levine, this discrepancy runs deep in Russell’s thought from 1900 to 1918, and underlies many of the doctrinal changes occurring during this period. In this paper, I suggest that, contrary to what Levine claims, there is no incompatibility between Moore’s theory of meaning and the idea of informative conceptual analysis. I show this by relating Moore’s (...) view of meaning to his Sidgwick-inspired criticism of the so-called naturalistic fallacy. I maintain that Moore’s semantical framework has a methodological intent: following Sidgwick, Moore wants to block any attempt to justify ethical principles through setting ad hoc conditions on the meaning of the terms involved. Thus, far from grounding philosophical knowledge on subjective intuitions, as Levine suggests, Moore’s framework would provide us with the means to make room for a discursive and dialectic conception of philosophical inquiry. (shrink)

In this paper we respond to three objections raised by Joshua Harris to our article, “Against a Postmodern Pentecostal Epistemology,” in which we express misgivings about the conjunction of Pentecostalism with James K. A. Smith’s postmodern, story-based epistemolo- gy. According to Harris, our critique: 1) problematically assumes a correspondence theory of truth, 2) invalidly concludes that “Derrida’s Axiom” conflicts with “Peter’s Axiom,” and 3) fails to consider an alternative account of the universality of Christian truth claims. We argue that (...) Harris’s objections either demonstrate a deficient interpretation of the relevant biblical pas- sages or are not directed at us at all. (shrink)

Desmond and Moore point out that the key to understanding Darwin’s The Descent of Man is his abolitionist motivation and his advocacy that races constitute subspecies. Roberta Millstein raises some doubts about the importance of this motivation. She points out that the inclusion of the extensive section devoted to non-human animals is not justified by Darwin’s treatment of humans per se, because his explanation of the origin of races is peculiar. In this sense, she argues that Darwin’s specific explanation (...) of the origin of races does not confirm the central importance that Desmond and Moore give to Darwin’s abolitionism. In this paper I have two different aims. On the one hand, to show that the human case actually is based on the treatment of nonhuman animals, and consequently, Darwin’s argument is not as poor as Millstein believes. My second goal, taking Millstein’s challenge seriously, is to show that Darwin’s explanation of the origin of races does confirm the Desmond and Moore thesis in a deeper sense than the one they propose themselves. For the anti-slavery motivation could not only explain the fact that Darwin sees all humans as forming the same species, but the specific explanation he gives for the origin of races. (shrink)

Algunos aspectos de La expresión de las emociones de Charles Darwin pueden resultar intrigantes, pues, en la explicación de cómo tales expresiones se originan, Darwin casi nunca apela a la selección natural. En cambio, apela principalmente a la idea de que movimientos voluntarios se asocian a emociones, volviéndose por hábito innatos e involuntarios al heredarse a la descendencia. Si bien Darwin da varias razones para defender esta explicación, en este trabajo trataré de mostrar que, si se entiende el libro sobre (...) las expresiones en relación con los objetivos explícitos e implícitos de El origen del hombre (libro del cual originalmente iba a ser un capítulo), el asunto se entiende mejor. En particular, resulta interesante la tesis que Desmond y Moore plantean respecto a la importancia de los ideales antiesclavistas de Darwin a la hora del tratamiento de las razas. Defenderé en este trabajo que el enfoque de Desmond y Moore puede extenderse al libro acerca de las expresiones. Específicamente, estableceré vínculos entre la explicación del origen de las razas y la explicación del origen del rubor. (shrink)

During the first quarter of the twentieth century, the French philosopher Henri Bergson became an international celebrity, profoundly influencing contemporary intellectual and artistic currents. While Bergsonism was fashionable, L. Susan Stebbing, Bertrand Russell, Moritz Schlick, and Rudolf Carnap launched different critical attacks against some of Bergson’s views. This book examines this series of critical responses to Bergsonism early in the history of analytic philosophy. Analytic criticisms of Bergsonism were influenced by William James, who saw Bergson as an ‘anti-intellectualist’ ally (...) of American Pragmatism, and Max Scheler, who saw him as a prophet of Lebensphilosophie. Some of the main analytic objections to Bergson are answered in the work of Karin Costelloe-Stephen. Analytic anti-Bergsonism accompanied the earlier refutations of idealism by Russell and Moore, and later influenced the Vienna Circle’s critique of metaphysics. It eventually contributed to the formation of the view that ‘analytic’ philosophy is divided from its ‘continental’ counterpart. (shrink)

According to James McCawley (1981) and Richard Larson and Gabriel Segal (1995), the following sentence is three-ways ambiguous: -/- Harry wants to be the mayor of Kenai. -/- According to them also, the three-way ambiguity cannot be accommodated on the Russellian view that definite descriptions are quantified noun phrases. In order to capture the three-way ambiguity of the sentence, these authors propose that definite descriptions must be ambiguous: sometimes they are predicate expressions; sometimes they are Russellian quantified noun (...) phrases. After explaining why the McCawley-Larson-Segal solution contains an obvious flaw, I discuss how an effort to correct the flaw brings to light certain puzzles about the individuation of desires, about quantifying in, and about the disambiguation of desire ascriptions. (shrink)

Two concepts of utmost importance for the analytic philosophy of the twentieth century, “sense-data” and “knowledge by acquaintance”, were introduced by Bertrand Russell under the influence of two idealist philosophers: F. H. Bradley and Alexius Meinong. This paper traces the exact history of their introduction. We shall see that between 1896 and 1898, Russell had a fully-elaborated theory of “sense-data”, which he abandoned after his analytic turn of the summer of 1898. Furthermore, following a subsequent turn of August 1900—-after he (...) became acquainted with the works of Peano and later of Frege—-Russell gradually developed another theory of sense-data. With the collaboration of G. E. Moore, Russell reintroduced the term “sense-data” in 1911. Concomitantly with this move, Russell introduced the epistemological term “knowledge by acquaintance”, which came to designate the grasping of sense-data and universals. (shrink)

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

Philosophers have offered several apparently powerful arguments against the permissibility of eating meat. However, the idea that it is okay to eat meat can seem like a bit of ethical common sense. This paper examines the attempt to adapt one of the most influential philosophical defenses of common sense –G. E. Moore’s case against the skeptic andthe idealist –in support of the omnivore. I first introduce and explain Moore’s argument against the skeptic. I then explain how that argument (...) can be adapted to address two influential philosophical arguments against the omnivore, due to Tom Regan and James Rachels. The adapted Moorean arguments appear strikingly similar to the original. However, I argue that we should not simply assume that all Moorean arguments are created equal. Instead, I propose a set of principled criteria that can be used to test Moorean arguments on a case-by-case basis. Those criteria give the Moorean reason for optimism against the skeptic, but suggest that the Moorean’s case is much weaker against the ethical vegetarian. I conclude that the Moorean omnivore’s argument has potentially uncomfortable implications for all sides in debates about ethical vegetarianism, and illuminates important and neglected questions about the force of philosophical arguments in applied ethics. (shrink)

The turn of the last century saw an explosion of philosophical realisms, both in the United States and in the United Kingdom. Gary Hatfield helpfully asks whether we can impose order on this chaotic scene by portraying these diverse actors as responding to a common philosophical problem—the so-called problem of the external world, as articulated by William Hamilton. I argue that we should not place the American realism that grows out of James’s neutral monism in this problem space. (...) class='Hi'>James first articulated his position in response to critical attacks on the methodology he had employed in his psychological research. The direct topic of these criticisms was James’s earlier claim that a scientific psychology must treat knowledge as an inexplicable theoretical primitive. If I am right, then we ought to hesitate about Hatfield’s suggestion that American realism operated inside the same problem space as the early realism of British figures like Russell and Moore. James’s neutral monism first emerged as a conception of knowledge by a psychologist, and it was designed to meet concerns about his scientific research that had been raised by other psychologists. (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)

The article discusses the varying conceptions of the faculty of ‘the understanding’ in 18th-century British philosophy and logic. Topics include the distinction between the understanding and the will, the traditional division of three acts of understanding and its critics, the naturalizing of human understanding, conceiving of the limits of human understanding, British innatism and the critique of empiricist conceptions of the understanding, and reconceiving the understanding and the elimination of scepticism. Authors discussed include Richard Price, James Harris, Zachary Mayne, (...) Edward Bentham, Isaac Watts, Dugald Stewart, John Norris—as well as Locke, Berkeley, Hume and Reid. (shrink)

Philosophy in the 20th century began and ended with an obsession with the problems of consciousness. But the specific problems discussed at each end of the century were very different, and reflection on how these differences developed will illuminate not just our understanding of the history of philosophy of consciousness, but also our understanding of consciousness itself. An interest in the problems of consciousness can be found in at least three movements in early 20th century philosophy: in the discussions of (...) perception and realism by G.E. Moore and Bertrand Russell; in the related discussions of realism and pragmatism in America, in the period between William James and C.I. Lewis; and in the phenomenological movement started by Edmund Husserl. Two common themes in all these movements are: (i) that consciousness is a central or defining feature of the mind, and (ii) consciousness and thought (or intentionality) are interrelated phenomena not to be discussed in isolation from one another. The problem of consciousness in those days was the problem of the nature of our access to the mind-independent world. (shrink)

Although the economic thought of Marshall and Pigou was united by ethical positions broadly considered utilitarian, differences in their intellectual milieu led to degrees of difference between their respective philosophical visions. This change in milieu includes the influence of the little understood period of transition from the early idealist period in Great Britain, which provided the context to Marshall’s intellectual formation, and the late British Idealist period, which provided the context to Pigou’s intellectual formation. During this latter period, the pervading (...) Hegelianism and influences of naturalism arising from the ideas of Charles Darwin and Herbert Spencer were challenged by Hermann Lotze, a key transitional thinker influencing the Neo-Kantian movement, who recognised significant limits of naturalism, on the one hand, and the metaphysical tenor of absolute idealism, on the other, and attempted to provide a balance between the two. The goal of this paper is to make the provisional case for the argument that Pigou’s views on ethics were not only directly influenced by utilitarian thinkers like Mill and Sidgwick, but they were also indirectly influenced by Hermann Lotze, via the influence of the Neo- Kantian movement on late British idealism. To that end, Pigou’s essays in The Trouble with Theism (1908), including his sympathetic consideration of the ethics of Friedrich Nietzsche, reflect the influence of Lotze indirectly through the impact at Cambridge of: James Ward’s critique of associationist psychology, and consideration of the limits of naturalism including the critique of evolutionary ethics; Bertrand Russell’s rejection of neo-Hegelianism and, together with Alfred North Whitehead, the development of Logicism; and G.E. Moore’s critique of utilitarian ethics on the basis of the naturalistic fallacy and the development of his own intuitionist system of ethics. (shrink)

Easy to understand philosophy papers in all areas. Table of contents: Three Short Philosophy Papers on Human Freedom The Paradox of Religions Institutions Different Perspectives on Religious Belief: O’Reilly v. Dawkins. v. James v. Clifford Schopenhauer on Suicide Schopenhauer’s Fractal Conception of Reality Theodore Roszak’s Views on Bicameral Consciousness Philosophy Exam Questions and Answers Locke, Aristotle and Kant on Virtue Logic Lecture for Erika Kant’s Ethics Van Cleve on Epistemic Circularity Plato’s Theory of Forms Can we trust our senses? (...) Yes we can Descartes on What He Believes Himself to Be The Role of Values in Science Modern Science Kant’s Moral Philosophy Plato’s Republic as Pol Potist Bureaucracy Schopenhauer on Human Suffering Bertrand Russell on the Value of Philosophy The Philosophical Value of Uncertainty Logic Homework: Theorems and Models Searle vs. Turing on the Imitation Game Hume, Frankfurt, and Holbach on Personal Freedom Manifesto of the University of Wisconsin, Madison Secular Society Michael’s Analysis of the Limits of Civil Protections Bentham and Mill on Different Types of Pleasure Set Theory Homework Aristotle on Virtue Nagel On the Hard Problem Wittgenstein on Language and Thought Camus and Schopenhauer on the Meaning of Life Camus’ Hero as Rebel without a Cause My Little Finger: Camus’ Absurdism Illustrated Are Late-term Abortions Ethical? Does Mathematics Assume the Truth of Platonism? The Self-defeating Nature of Utilitarianism and Consequentialism Generally What is The Good Life? Bentham and Mill regarding types of pleasures Kant’s Moral Philosophy Five Short Papers on Mind-body Dualism Tracy Latimer’s Father had the Right to Kill Her: Towards a doctrine of generalized self-defense Arguments Concerning God and Morality Goldman, Rousseau and von Hayek on the Ideal State J.S Mill on Liberty and Personal Freedom A Kantian Analysis of a Borderline Date-rape Situation Living Well as Flourishing: Aristotle’s Conception of the Good Life Three Essays on Medical Ethics: Answers to Exam Questions on Elective Amputation, Vaccination, and Informed Consent Hobbes, Marx, Rousseau, Nietzsche: Their Central Themes De Tocqueville on Egoism Mill vs. Hobbes on Liberty Exam-Essays on the Moral Systems of Mill, Bentham, and Kant Kant’s Moral System Aristotle on Virtue Plato’s Cave Allegory An Ethical Quandary Superorganisms The Tuskegee Experiment A Rawlsian Analysis Why Moore’s Proof of an External World Fails A Defense of Nagel’s Argument Against Materialism A Utilitarian Analysis of a Case of Theft The Paradox of the Self-aware Wretch: An Analysis of Pascal’s Moral Philosophy Jean-Paul Sartre: Decline and Fall of a Marxist Sell-out A One Page Proof of Plato’s Theory of Forms Plato’s Republic as Pol Potist Bureaucracy The problem of the one and the many Four Short Essays on Truth and Knowledge What is ‘the Good Life?’ The Ontological Argument Different Political Philosophies: Plato, Locke, Madison, Rousseau, Hayek, and Mill on the State What do I know with certainty? Skepticism about skepticism Neuroscience and Freewill Operant Conditioning What makes us special? Are Late-term Abortions Ethical? No Two Papers on Epistemology: Gettier and Bostrom Examination Nietzsche on Punishment God’s Foreknowledge and Moral Responsibility . (shrink)

The conception of truth-making, albeit in a rudimentary form, could already be discerned in the writings of G. E. Moore and E. Husserl in the early 1900s. A few years later it was more extensively exploited by William James. It was Wittgenstein, however, who gave the concept a precise meaning. In 1913/1914 Wittgenstein advanced a theory of possible worlds, only one of which was real. Every proposition suggests a part of a possible world which does or does not (...) correspond to parts of the real world. In the first case the proposition is true, in the second case false. Moreover, the part of the real world makes the sentence true. This part is a truth-maker, and the sentence is a truth-bearer. Surprisingly enough, Wittgenstein’s concept of truth-making had its family resemblance with William James’s conception of truth. In 1915 Wittgenstein stopped using the concept of truth-making—it was also not men-tioned in the Tractatus. Unfortunately, Russell did not notice this and in 1918 he adopted the concept of truth-making. In the 1930s, it was used by some second generation analytic philosophers (Schlick, Stebbing, and Wisdom). However, it became rather popular among analytic philosophers only in the 1980s. (shrink)

This paper offers a new account of metaphysical explanation. The account is modelled on Kitcher’s unificationist approach to scientific explanation. We begin, in Sect. 2, by briefly introducing the notion of metaphysical explanation and outlining the target of analysis. After that, we introduce a unificationist account of metaphysical explanation before arguing that such an account is capable of capturing four core features of metaphysical explanations: irreflexivity, non-monotonicity, asymmetry and relevance. Since the unificationist theory of metaphysical explanation inherits irreflexivity and non-monotonicity (...) directly from the unificationist theory of scientific explanation that underwrites it, we focus on demonstrating how the account can secure asymmetry and relevance. (shrink)

A natural view of testimony holds that a source's statements provide one with evidence about what the source believes, which in turn provides one with evidence about what is true. But some theorists have gone further and developed a broadly analogous view of memory. According to this view, which this essay calls the “diary model,” one's memory ordinarily serves as a means for one's present self to gain evidence about one's past judgments, and in turn about the truth. This essay (...) rejects the diary model's analogy between memory and testimony from one's former self, arguing first that memory and a diary differ with respect to their psychological roles, and second that this psychological difference underwrites important downstream epistemic differences. The resulting view stands opposed to prominent discussions of memory and testimony, which either, like the diary model, treat memory by analogy to what we naively wish to say about testimony, or which instead attempt to extend to testimony the epistemically preservative role of memory. (shrink)

At the turn of the century, Russell, Husserl and Couturat singled out Leibniz the logician as an important precursor of the way they thought philosophy should be done. Like their most gifted contemporaries they conceived of philosophy as essentially argumentative and - as Russell put it in a 1911 talk in French - analytic. Unsurprisingly, the search for the best arguments and analyses meant that good philosophy was cosmopolitan. William James and Ernst Mach were read everywhere. James studied (...) Mach and the pupils of Brentano, whom Stout introduced to Cambridge. Moore recognised the deep kinship between his work on ethics and that of Brentano. Russell was influenced by Peano, used and criticised Meinong and was attacked by Poincaré. Pragmatism was subjected to a series of criticisms by realists in German and in English but gradually began to win adherents, for example in Italy, where Vailati and Calderoni introduced both pragmatism and Austrian philosophy of mind. (shrink)

Theism and its cousins, atheism and agnosticism, are seldom taken to task for logical-epistemological incoherence. This paper provides a condensed proof that not only theism, but atheism and agnosticism as well, are all of them conceptually self-undermining, and for the same reason: All attempt to make use of the concept of “transcendent reality,” which here is shown not only to lack meaning, but to preclude the very possibility of meaning. In doing this, the incoherence of theism, atheism, and agnosticism is (...) secondary to the more general incoherence of any attempts to refer to so-called “transcendent realities.” A recognition of the conceptually fundamental incoherence of theism, atheism, and agnosticism compels our rational assent to a position the author names “paratheism.”. (shrink)

According to a traditional Cartesian epistemology of perception, perception does not provide one with direct knowledge of the external world. Instead, your immediate perceptual evidence is limited to facts about your own visual experience, from which conclusions about the external world must be inferred. Cartesianism faces well-known skeptical challenges. But this chapter argues that any anti-Cartesian view strong enough to avoid these challenges must license a way of updating one’s beliefs in response to anticipated experiences that seems diachronically irrational. To (...) avoid this result, the anti-Cartesian must either license an unacceptable epistemic chauvinism, or else claim that merely reflecting on one’s experiences defeats perceptual justification. This leaves us with a puzzle: Although Cartesianism faces problems, avoiding them brings a new set of problems. (shrink)

The paper begins by acknowledging that weakened systematic precision in phenomenology has made its application in philosophy of science obscure and ineffective. The defining aspirations of early transcendental phenomenology are, however, believed to be important ones. A path is therefore explored that attempts to show how certain recent developments in the logic of self-reference fulfill in a clear and more rigorous fashion in the context of philosophy of science certain of the early hopes of phenomenologists. The resulting dual approach is (...) applied to several problems in the philosophy of science: on the one hand, to proposed rejections of scientific objectivity, to the doctrine of radical meaning variance, and to the Quine-Duhem thesis, and or. the other, to an analysis of hidden variable theory in quantum mechanics. (shrink)

The rise of experimental philosophy has placed metaphilosophical questions, particularly those concerning concepts, at the center of philosophical attention. X-phi offers empirically rigorous methods for identifying conceptual content, but what exactly it contributes towards evaluating conceptual content remains unclear. We show how x-phi complements Rudolf Carnap’s underappreciated methodology for concept determination, explication. This clarifies and extends x-phi’s positive philosophical import, and also exhibits explication’s broad appeal. But there is a potential problem: Carnap’s account of explication was limited to empirical and (...) logical concepts, but many concepts of interest to philosophers are essentially normative. With formal epistemology as a case study, we show how x-phi assisted explication can apply to normative domains. (shrink)

Kristie Miller and James Norton present a new account of metaphysical explanation, not as a philosophical technicality but as a feature of everyday life. This is the notion that we all use in ordinary contexts when we give explanations of a certain sort: Miller and Norton build their account on investigation of these explanatory practices.

The extreme incidence and prevalence of rage-driven aggression and destructiveness in the United States is without parallel in any other industrialized country in the world. During 2022 alone, there were 647 mass shootings in the U.S. (in each, at least four victims were killed). Unfortunately these many killings comprise only one form of widespread rage in America. This paper seeks to answer why this is happening.

From the Editor’s Introduction: "The Internal Limitations of Human Understanding." We carry, unavoidably, the limits of our understanding with us. We are perpetually confined within the horizons of our conceptual structure. When this structure grows or expands, the breadth of our comprehensions enlarges, but we are forever barred from the wished-for glimpse beyond its boundaries, no matter how hard we try, no matter how much credence we invest in the substance of our learning and mist of speculation. -/- The limitations (...) in view here are not due to the mere finitude of our understanding of ourselves and of the world in which we live. They are limitations that come automatically and necessarily with any form of understanding. They are, as we shall see, part and parcel of any organization or ordering of data that we call information. -/- The consequences of these limitations are varied: As a result of them, hermeneutics cannot help but be hermetic; scientific theories of necessity are circumscribed by the boundaries of the ideas that define them; formal systems must choose between consistency and comprehensiveness; philosophical study, because it includes itself within its own proper subject matter, is forced to be reflexive in its self-enclosure. The fundamental dynamic shared by all forms of understanding testifies to an internal limitative keystone. (shrink)

The Uniform Determination of Death Act (UDDA) provides that “an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead.” We show that the UDDA contains two conflicting interpretations of the phrase “cessation of functions.” By one interpretation, what matters for the determination of death is the cessation of spontaneous functions only, regardless of their generation by artificial means. By the (...) other, what matters is the cessation of both spontaneous and artificially supported functions. Because each UDDA criterion uses a different interpretation, the law is conceptually inconsistent. A single consistent interpretation would lead to the conclusion that conscious individuals whose respiratory and circulatory functions are artificially supported are actually dead, or that individuals whose brain is entirely and irreversibly destroyed may be alive. We explore solutions to mitigate the inconsistency. (shrink)

This monograph has three purposes. It attempts first to describe in general terms methods of investigation proper to strict phenomenology and to new rhetoric. Second, it describes certain recent developments by the author that lead to a de-projective approach to phenomenology and which are of potential significance in a variety of areas of study, including new rhetoric. Finally, suggestions are made with a view to bringing portions of rigorous phenomenology into close connection with certain of the basic concerns of new (...) rhetoric. (shrink)

Ce texte propose une définition de la conscience de soi et explique en quoi cette capacité naît du monde social. Il est postulé que ce dernier permet un mouvement de recul - une «distanciation » - par rapport à soi, et que le cerveau reproduit ce mouvement grâce à certains processus cognitifs qui en ont été imprimés. Parmi ceux-ci, on retrouve le langage intérieur, qui, par analogie, agirait comme un miroir interne capable de confronter l'expérience subjective à elle-même; de cette (...) confrontation naîtrait le soi. Un argument est présenté en faveur de la supériorité du langage intérieur sur d'autres processus cognitifs impliqués dans la conscience de soi. Le problème de la conscience de soi chez les primates est abordé, et l'article conclut sur diverses réflexions ayant trait à la schizophrénie, la prière, la méditation, et les drogues psychodysleptiques.This text proposes a definition of self-awareness and explains its social origin. It is postulated that the social milieu permits a movement to a more objective perspective for self- perception, and that this movement is then reproduced in the brain by specific cognitive processes. It is suggested that inner speech represents one such cognitive processes, which acts like a mirror to reflect subjective experience back upon itself-, the self would be generated by this reflective activity. It is argued that inner speech has a pre-eminent position among the cognitive processes implicated in self-awareness. The problem of self-awareness in primates is discussed, and the article concludes with ideas concerning schizophrenia, prayer, medi- tation, and psychodysleptic drugs. (shrink)

2022 UPDATE: The approach of this paper has been updated and developed further in the author’s 2021 book _Critique of Impure Reason: Horizons of Possibility and Meaning_. The book is available both in a printed edition (under ISBN 978-0-578-88646-6 from Barnes & Noble, Amazon, and other booksellers) and an Open Access eBook edition (available through Philpapers under the book’s title and other philosophy online archives). ●●●●● The author distinguishes between the “information-oriented” approach of conservative, traditional philosophy, and an approach to (...) philosophy as “conceptual therapy.” The former emphasizes scholarship, textual explication and criticism, and, in general, a knowledge of the views of traditional thinkers. Philosophy as conceptual therapy, on the other hand, seeks an improvement of intellectual skills, and fosters a therapy for concepts and, by inference, a therapy for thinkers. The major concern of the paper is to argue that the traditional information-oriented approach to philosophy does not help its students effectively to develop intellectual skills, and that a conception of philosophy as conceptual therapy can provide a valuable contribution to the teaching and to the subject-matter of philosophy. (shrink)

An internalist slogan says that justification depends on internal factors. But which factors are those? This paper examines some common motivations favoring internalism over externalism, and says they are compatible with including dispositional and even past mental states in the internal.

THE CASE FOR GOVERNMENT BY ARTIFICIAL INTELLIGENCE. Tired of election madness? The rhetoric of politicians? Their unreliable promises? And less than good government? -/- Until recently, it hasn’t been hard for people to give up control to computers. Not very many people miss the effort and time required to do calculations by hand, to keep track of their finances, or to complete their tax returns manually. But relinquishing direct human control to self-driving cars is expected to be more of a (...) challenge, despite the predicted decrease in vehicle accidents thanks to artificial intelligence that isn’t subject to human distractions and errors of judgment. -/- If turning vehicle control over to artificial intelligence is a challenge, it is a very mild one compared with the idea that we might one day recognize and want to implement the advantages of human government by AI. But, like autonomous vehicle control, government by AI is likely to offer decided benefits. -/- In other publications, the author has studied a variety of widespread human limitations that, throughout human history, have led to much human suffering as well as ecological destruction. For the first time, these psychological and cognitive human shortcomings are taken into account in an essay that makes the case for government by artificial intelligence. (shrink)

This is a study of the relativity of facts in relation to the frameworks of reference in terms of which those facts are established. In this early paper from 1975, intended for a less technical audience, the author proposes an understanding of facts and their associated frameworks in terms of complementarity. This understanding of facts leads to an integrated yet pluralistic concept of reality. In the Addendum, readers will find a partial listing of related publications by the author that extend (...) the research described in this paper. (shrink)

We admire Heyes's attempt to develop a mechanistic account of norm cognition. Nonetheless, her account leaves us unsure of whom Heyes counts as normative agents, and on what grounds. Therefore we ask a series of questions designed to clarify which features of Heyes's account she thinks are necessary and sufficient for norm cognition.

There is good reason to believe that scientific realism requires a commitment to the objective modal structure of the physical world. Causality, equilibrium, laws of nature, and probability all feature prominently in scientific theory and explanation, and each one is a modal notion. If we are committed to the content of our best scientific theories, we must accept the modal nature of the physical world. But what does the scientific realist’s commitment to physical modality require? We consider whether scientific realism (...) is compatible with Humeanism about the laws of nature, and we conclude that it is not. We specifically identify three major problems for the best-systems account of lawhood: its central concept of strength cannot be formulated non-circularly, it cannot offer a satisfactory account of the laws of the special sciences, and it can offer no explanation of the success of inductive inference. In addition, Humeanism fails to be naturalistically motivated. For these reasons, we conclude that the scientific realist must embrace natural necessity. (shrink)