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)

This essay constitutes an attempt to probe the very idea of a saying/showing distinction of the kind that Wittgenstein advances in the Tractatus—to say what such a distinction consists in, to say what philosophical work it has to do, and to say how we might be justified in drawing such a distinction. Towards the end of the essay the discussion is related to Wittgenstein’s later work. It is argued that we can profitably see this work in such a way that (...) a saying/showing distinction arises there too. In particular, in the final sub-section of the essay, it is suggested that we can see in Wittgenstein’s later work an inducement to say what we are shown. (shrink)

This essay challenges the widely accepted principle that a person is morally responsible for what he has done only if he could have done otherwise. The author considers situations in which there are sufficient conditions for a certain choice or action to be performed by someone, So that it is impossible for the person to choose or to do otherwise, But in which these conditions do not in any way bring it about that the person chooses or acts as he (...) does. In such situations the person may well be morally responsible for what he chooses or does despite his inability to choose or to do otherwise. Finally the author considers certain suggestions for revising the principle he rejects or for replacing it with a principle of an altogether different kind. (shrink)

I argue that uniquely human forms of ‘Theory of Mind’ are a product of cultural evolution. Specifically, propositional attitude psychology is a linguistically constructed folk model of the human mind, invented by our ancestors for a range of tasks and refined over successive generations of users. The construction of these folk models gave humans new tools for thinking and reasoning about mental states—and so imbued us with abilities not shared by non-linguistic species. I also argue that uniquely human forms of (...) ToM are not required for language development, such that an account of the cultural origins of ToM does not jeopardise the explanation of language development. Finally, I sketch a historical model of the cultural evolution of mental state talk. (shrink)

I argue that semantics is the study of the proprietary database of a centrally inaccessible and informationally encapsulated input–output system. This system’s role is to encode and decode partial and defeasible evidence of what speakers are saying. Since information about nonlinguistic context is therefore outside the purview of semantic processing, a sentence’s semantic value is not its content but a partial and defeasible constraint on what it can be used to say. I show how to translate this thesis into a (...) detailed compositional-semantic theory based on the influential framework of Heim and Kratzer. This approach situates semantics within an independently motivated account of human cognitive architecture and reveals the semantics–pragmatics interface to be grounded in the underlying interface between modular and central systems. (shrink)

Existing analyses of disinformation tend to embrace the view that disinformation is intended or otherwise functions to mislead its audience, that is, to produce false beliefs. I argue that this view is doubly mistaken. First, while paradigmatic disinformation campaigns aim to produce false beliefs in an audience, disinformation may in some cases be intended only to prevent its audience from forming true beliefs. Second, purveyors of disinformation need not intend to have any effect at all on their audience’s beliefs, aiming (...) instead to manipulate an audience’s behavior through alteration of sub-doxastic states. Ultimately, I argue that attention to such non-paradigmatic forms of disinformation is essential to understanding the threat disinformation poses and why this threat is so difficult to counter. (shrink)

Quassim Cassam has argued that psychological and epistemological analyses of conspiracy theories threaten to overlook the political nature of such theories. According to Cassam, conspiracy theories are a form of political propaganda. I develop a limited critique of Cassam's analysis.This paper advances two core theses. First, acceptance of conspiracy theories requires a rejection of epistemic authority that renders conspiracy theorists susceptible to co-option by certain political programs while insulating such programs from criticism. I argue that the contrarian nature of conspiracy (...) theories partially accounts for the prominence of such theories in populist movements.Second, the contrarian nature of conspiracy theories partially accounts for their attractiveness, especially among those to whom populism already appeals. I argue that for those who resent what appears from their perspective as the shaping of the epistemic landscape by alien perspectives, conspiracy theorizing may facilitate the reassertion of epistemic autonomy. (shrink)

Some of the barriers to the realisation of equality reflect the value of respecting prerogatives people have to favour themselves. Even G.A. Cohen, whose egalitarianism is especially pervasive and demanding, says that.

This paper describes the ways in which trolls and bots impede the acquisition of knowledge online. I distinguish between three ways in which trolls and bots can impede knowledge acquisition, namely, by deceiving, by encouraging misplaced skepticism, and by interfering with the acquisition of warrant concerning persons and content encountered online. I argue that these threats are difficult to resist simultaneously. I argue, further, that the threat that trolls and bots pose to knowledge acquisition goes beyond the mere threat of (...) online misinformation, or the more familiar threat posed by liars offline. Trolls and bots are, in effect, fake persons. Consequently, trolls and bots can systemically interfere with knowledge acquisition by manipulating the signals whereby individuals acquire knowledge from one another online. I conclude with a brief discussion of some possible remedies for the problem of fake persons. (shrink)

Libertarian free will is, roughly, the view that agents cause actions to occur or not occur: Maddy’s decision to get a beer causes her to get up off her comfortable couch to get a beer, though she almost chose not to get up. Libertarian free will notoriously faces the luck objection, according to which agential states do not determine whether an action occurs or not, so it is beyond the control of the agent, hence lucky, whether an action occurs or (...) not: Maddy’s reasons for getting beer in equipoise with her reasons to remain in her comfortable seat do not determine that she will get up or stay seated, so it seems beyond her control, hence lucky, that she gets up. In this paper I consider a sub-set of the luck objection called the Physical Indeterminism Luck Objection, according to which indeterministic physical processes cause actions to occur or not, and agent’s lack control over these indeterministic physical processes, so agent’s lack control over, hence it is lucky, whether action occurs or not. After motivating the physical indeterminism luck objection, I consider responses from three recent event-causal libertarian models, and conclude that they fail to overcome the problem, though one promising avenue is opened up. (shrink)

I recently argued that reductive physicalist versions of libertarian free will face a physical indeterminism luck objection. John Lemos claims that one potential advocate of reductive physicalist libertarianism, Robert Kane, avoids this physical indeterminism luck objection. I here show how the problem remains.

In Lying and Insincerity, Andreas Stokke argues that bald-faced lies are genuine lies, and that lies are always assertions. Since bald-faced lies seem not to be aimed at convincing addressees of their contents, Stokke concludes that assertions needn’t have this aim. This conflicts with a traditional version of intentionalism, originally due to Grice, on which asserting something is a matter of communicatively intending for one’s addressee to believe it. I argue that Stokke’s own account of bald-faced lies faces serious problems (...) and give several responses on behalf of intentionalism. Some bald-faced lies are best understood as irrational attempts to deceive. Others are best understood as indirect speech acts of various kinds. Still, others are best understood as conventional speech acts, which differ from communicative acts like assertion in the ways that they must be embedded in social institutions or practices. An overarching theme of this essay is that we should not make theoretical decisions about how to classify speech acts by consulting ordinary usage. (shrink)

Deepfakes pose a multi-faceted threat to the acquisition of knowledge. It is widely hoped that technological solutions—in the form of artificially intelligent systems for detecting deepfakes—will help to address this threat. I argue that the prospects for purely technological solutions to the problem of deepfakes are dim. Especially given the evolving nature of the threat, technological solutions cannot be expected to prevent deception at the hands of deepfakes, or to preserve the authority of video footage. Moreover, the success of such (...) technologies depends on institutional trust that is in short supply. Finally, outsourcing the discrimination between the real and the fake to automated, largely opaque systems runs the risk of undermining epistemic autonomy. (shrink)

This thesis focuses on expressively rich languages that can formalise talk about probability. These languages have sentences that say something about probabilities of probabilities, but also sentences that say something about the probability of themselves. For example: (π): “The probability of the sentence labelled π is not greater than 1/2.” Such sentences lead to philosophical and technical challenges; but can be useful. For example they bear a close connection to situations where ones confidence in something can affect whether it is (...) the case or not. The motivating interpretation of probability as an agent's degrees of belief will be focused on throughout the thesis. -/- This thesis aims to answer two questions relevant to such frameworks, which correspond to the two parts of the thesis: “How can one develop a formal semantics for this framework?” and “What rational constraints are there on an agent once such expressive frameworks are considered?”. (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)

What makes it the case that an utterance constitutes an illocutionary act of a given kind? This is the central question of speech-act theory. Answers to it—i.e., theories of speech acts—have proliferated. Our main goal in this chapter is to clarify the logical space into which these different theories fit. -/- We begin, in Section 1, by dividing theories of speech acts into five families, each distinguished from the others by its account of the key ingredients in illocutionary acts. Are (...) speech acts fundamentally a matter of convention or intention? Or should we instead think of them in terms of the psychological states they express, in terms of the effects that it is their function to produce, or in terms of the norms that govern them? In Section 2, we take up the highly influential idea that speech acts can be understood in terms of their effects on a conversation’s context or “score”. Part of why this idea has been so useful is that it allows speech-act theorists from the five families to engage at a level of abstraction that elides their foundational disagreements. In Section 3, we investigate some of the motivations for the traditional distinction between propositional content and illocutionary force, and some of the ways in which this distinction has been undermined by recent work. In Section 4, we survey some of the ways in which speech-act theory has been applied to issues outside semantics and pragmatics, narrowly construed. (shrink)

On standard readings of Grice, Gricean communication requires (a) possession of a concept of belief, (b) the ability to make complex inferences about others’ goal-directed behaviour, and (c) the ability to entertain fourth order meta-representations. To the extent that these abilities are pre-requisites of Gricean communication they are inconsistent with the view that Gricean communication could play a role in their development. In this paper, I argue that a class of ‘minimally Gricean acts’ satisfy the intentional structure described by Grice, (...) but require none of abilities (a)-(c). As a result, Gricean communicative abilities may indeed contribute to the development of (a)-(c) – in particular, by enabling language development. This conclusion has important implications for our theorising about cognitive development. (shrink)

Shelly Kagan has recently defended the view that it is morally worse for a human being to suffer some harm than it is for a lower animal (such as a dog or a cow) to suffer a harm that is equally severe (ceteris paribus). In this paper, I argue that this view receives rather less support from our intuitions than one might at first suppose. According to Kagan, moreover, an individual’s moral status depends partly upon her ‘modal capacities.’ In this (...) paper, I argue that the most natural strategy for justifying Kagan’s theory faces some important challenges. More generally, I argue that philosophers who wish to defend the view that human beings have a higher moral status than that of the lower animals face a dilemma. Either their theory of moral status will imply (unacceptably) that some severely cognitively impaired human beings have a significantly lower moral status than that of typical human beings, or these philosophers will be forced to ground moral status in a set of properties so far removed from a subject’s actual capacities that it will become difficult to see why these kinds of properties should have such moral importance. (shrink)

New AI technologies have the potential to cause unintended harms in diverse domains including warfare, judicial sentencing, biomedicine and governance. One strategy for realising the benefits of AI whilst avoiding its potential dangers is to ensure that new AIs are properly ‘aligned’ with some form of ‘alignment target.’ One danger of this strategy is that – dependent on the alignment target chosen – our AIs might optimise for objectives that reflect the values only of a certain subset of society, and (...) that do not take into account alternative views about what constitutes desirable and safe behaviour for AI agents. In response to this problem, several AI ethicists have suggested alignment targets that are designed to be sensitive to widespread normative disagreement amongst the relevant stakeholders. Authors inspired by voting theory have suggested that AIs should be aligned with the verdicts of actual or simulated ‘moral parliaments’ whose members represent the normative views of the relevant stakeholders. Other authors inspired by decision theory and the philosophical literature on moral uncertainty have suggested that AIs should maximise socially expected choiceworthiness. In this paper, I argue that both of these proposals face several important problems. In particular, they fail to select attractive ‘compromise options’ in cases where such options are available. I go on to propose and defend an alternative, bargaining-theoretic alignment target, which avoids the problems associated with the voting- and decision-theoretic approaches. (shrink)

Nonreductive physicalism states that actions have sufficient physical causes and distinct mental causes. Nonreductive physicalism has recently faced the exclusion problem, according to which the single sufficient physical cause excludes the mental causes from causal efficacy. Autonomists respond by stating that while mental-to-physical causation fails, mental-to-mental causation persists. Several recent philosophers establish this autonomy result via similar models of causation :1031–1049, 2016; Zhong, J Philos 111:341–360, 2014). In this paper I argue that both of these autonomist models fail on account (...) of the problem of Edwards’s Dictum. However, I appeal to foundational principles of action theory to resuscitate mental-to-mental causation in a manner that is consistent with the models of causation endorsed by these autonomists. (shrink)

We give a brief overview of several recent strands of speech-act theory, and then survey some issues in social and political philosophy can be profitably understood in speech-act-theoretic terms. Our topics include the social contract, the law, the creation and reinforcement of social norms and practices, silencing, and freedom of speech.

Artificial Intelligence is at a turning point, with a substantial increase in projects aiming to implement sophisticated forms of human intelligence in machines. This research attempts to model specific forms of intelligence through brute-force search heuristics and also reproduce features of human perception and cognition, including emotions. Such goals have implications for artificial consciousness, with some arguing that it will be achievable once we overcome short-term engineering challenges. We believe, however, that phenomenal consciousness cannot be implemented in machines. This becomes (...) clear when considering emotions and examining the dissociation between consciousness and attention in humans. While we may be able to program ethical behavior based on rules and machine learning, we will never be able to reproduce emotions or empathy by programming such control systems—these will be merely simulations. Arguments in favor of this claim include considerations about evolution, the neuropsychological aspects of emotions, and the dissociation between attention and consciousness found in humans. Ultimately, we are far from achieving artificial consciousness. (shrink)

Nietzsche values intellectual honesty, but is dubious about what he calls the will to truth. This is puzzling since intellectual honesty is a component of the will to truth. In this paper, I show that this puzzle tells us something important about how Nietzsche conceives of our pursuit of truth. For Nietzsche, those who pursue truth occupy unstable ground, since being honest about the ultimate reasons for that pursuit would mean that truth could no longer satisfy the important human needs (...) it satisfies at present. We can pursue truth, or be honest about what in us is served by such a pursuit, but not both. Nietzsche aims to show that understanding and owning up to this instability is the sort of affirmation of human life to which we ought to aspire, and is the price we pay for being free from otherworldly morality. (shrink)

Moss (2018) argues that rational agents are best thought of not as having degrees of belief in various propositions but as having beliefs in probabilistic contents, or probabilistic beliefs. Probabilistic contents are sets of probability functions. Probabilistic belief states, in turn, are modeled by sets of probabilistic contents, or sets of sets of probability functions. We argue that this Mossean framework is of considerable interest quite independently of its role in Moss’ account of probabilistic knowledge or her semantics for epistemic (...) modals and probability operators. It is an extremely general model of uncertainty. Indeed, it is at least as general and expressively powerful as every other current imprecise probability framework, including lower probabilities, lower previsions, sets of probabilities, sets of desirable gambles, and choice functions. In addition, we partially answer an important question that Moss leaves open, viz., why should rational agents have consistent probabilistic beliefs? We show that an important subclass of Mossean believers avoid Dutch bookability iff they have consistent probabilistic beliefs. (shrink)

This paper identifies and elucidates the underappreciated phenomenon of epistemic domination. Epistemic domination is the nonmutual capacity of one party to control the evidence available to another. Where this capacity is exercised, especially by parties that are ill-intentioned or ill-informed, the dominated party may have difficulty attaining epistemically valuable states. I begin with a discussion of epistemic domination and how it is possible. I then highlight three negative consequences that may result from epistemic domination.

Nothing was more important for W. E. B. Du Bois than to promote the upward mobility of African Americans. This essay revisits his “The Conversation of Races” to demonstrate its general philosophical importance. Ultimately, Du Bois’s three motivations for giving the address reveal his view of the nature of philosophical inquiry: to critique earlier phenotypic conceptions of race, to show the essentiality of history, and to promote a reflexive practice. Commentators have been unduly invested in the hermeneutic readings and as (...) a result have misunderstood it as a philosophical text. Du Bois did more than introduce the concept of race into the purview of philosophy, he provided a method for philosophical inquiry into a concept that is notoriously difficult to approach with precision. My goal here is to show why no introduction to philosophy and no discussion about the nature of philosophical inquiry is complete without consideration of “Conservation.” Certainly, it is a text about race, but it is also an important philosophical text in general. (shrink)

Some theorists argue that rather than advocating a principle of educational equality as a component of a theory of justice in education, egalitarians should adopt a principle of educational adequacy. This paper looks at two recent attempts to show that adequacy, not equality, constitutes justice in education. It responds to the criticisms of equality by claiming that they are either unsuccessful or merely show that other values are also important, not that equality is not important. It also argues that a (...) principle of educational adequacy cannot be all there is to justice in education. (shrink)

This paper aims to clarify the relationship between consciousness and attention through theoretical considerations about evolution. Specifically, we will argue that the empirical findings on attention and the basic considerations concerning the evolution of the different forms of attention demonstrate that consciousness and attention must be dissociated regardless of which definition of these terms one uses. To the best of our knowledge, no extant view on the relationship between consciousness and attention has this advantage. Because of this characteristic, this paper (...) presents a principled and neutral way to settle debates concerning the relationship between consciousness and attention, without falling into disputes about the meaning of these terms. A decisive conclusion of this approach is that extreme views on the relationship between consciousness and attention must be rejected, including identity and full dissociation views. There is an overlap between the two within conscious attention, but developing a full understanding of this mechanism requires further empirical investigations. (shrink)

Computer and information ethics, as well as other fields of applied ethics, need ethical theories which coherently unify deontological and consequentialist aspects of ethical analysis. The proposed theory of just consequentialism emphasizes consequences of policies within the constraints of justice. This makes just consequentialism a practical and theoretically sound approach to ethical problems of computer and information ethics.

Transactive memory theory describes the processes by which benefits for memory can occur when remembering is shared in dyads or groups. In contrast, cognitive psychology experiments demonstrate that social influences on memory disrupt and inhibit individual recall. However, most research in cognitive psychology has focused on groups of strangers recalling relatively meaningless stimuli. In the current study, we examined social influences on memory in groups with a shared history, who were recalling a range of stimuli, from word lists to personal, (...) shared memories. We focused in detail on the products and processes of remembering during in-depth interviews with 12 older married couples. These interviews consisted of three recall tasks: (1) word list recall; (2) personal list recall, where stimuli were relevant to the couples’ shared past; and (3) an open-ended autobiographical interview. We conducted these tasks individually and then collaboratively two weeks later. Across each of the tasks, although some couples demonstrated collaborative inhibition, others demonstrated collaborative facilitation. We identified a number of factors that predicted collaborative success, in particular, group-level strategy use. Our results show that collaboration may help or hinder memory, and certain interactions are more likely to produce collaborative benefits. (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)

Contemporary natural-language semantics began with the assumption that the meaning of a sentence could be modeled by a single truth condition, or by an entity with a truth-condition. But with the recent explosion of dynamic semantics and pragmatics and of work on non- truth-conditional dimensions of linguistic meaning, we are now in the midst of a shift away from a truth-condition-centric view and toward the idea that a sentence’s meaning must be spelled out in terms of its various roles in (...) conversation. This communicative turn in semantics raises historical questions: Why was truth-conditional semantics dominant in the first place, and why were the phenomena now driving the communicative turn initially ignored or misunderstood by truth-conditional semanticists? I offer a historical answer to both questions. The history of natural-language semantics—springing from the work of Donald Davidson and Richard Montague—began with a methodological toolkit that Frege, Tarski, Carnap, and others had created to better understand artificial languages. For them, the study of linguistic meaning was subservient to other explanatory goals in logic, philosophy, and the foundations of mathematics, and this subservience was reflected in the fact that they idealized away from all aspects of meaning that get in the way of a one-to-one correspondence between sentences and truth-conditions. The truth-conditional beginnings of natural- language semantics are best explained by the fact that, upon turning their attention to the empirical study of natural language, Davidson and Montague adopted the methodological toolkit assembled by Frege, Tarski, and Carnap and, along with it, their idealization away from non-truth-conditional semantic phenomena. But this pivot in explana- tory priorities toward natural language itself rendered the adoption of the truth-conditional idealization inappropriate. Lifting the truth-conditional idealization has forced semanticists to upend the conception of linguistic meaning that was originally embodied in their methodology. (shrink)

Sobre Filosofia clinica e Reflexões sobre o que é o humano.

Compatibilism is the view that determinism is true, but agents nevertheless possess free will as long as they act from a compatibilist friendly agential structure (i.e., agents want to perform their actions, agents identify with the actions they perform, agents would be responsive to reasons against performing those actions, etc.). The most powerful contemporary objection to compatibilism is the manipulation argument, according to which agents determined to act as they do by the prodding of manipulative neuroscientists are not considered free, (...) so agents determined to act by physical processes operating from the remote past should not be considered free either. One compatibilist response to the manipulation argument is the so-called hard-line reply, according to which compatibilists argue that agents determined by physical processes operating from the remote past are free, so agents determined by manipulative neuroscientists are free as well. In this paper I demonstrate that leading hard-line replies fail, while also introducing a novel argument against the hard-line reply. (shrink)

We have a striking ability to alter our psychological access to past experiences. Consider the following case. Andrew “Nicky” Barr, OBE, MC, DFC, (1915 – 2006) was one of Australia’s most decorated World War II fighter pilots. He was the top ace of the Western Desert’s 3 Squadron, the pre-eminent fighter squadron in the Middle East, flying P-40 Kittyhawks over Africa. From October 1941, when Nicky Barr’s war began, he flew 22 missions and shot down eight enemy planes in his (...) first 35 operational hours. He was shot down three times, once 25 miles behind enemy lines while trying to rescue a downed pilot. He escaped from prisoner of war camps four times, once jumping out of a train as it travelled from Italy into Austria. His wife Dot, who he married only weeks before the war, waited for him at home. She was told on at least three occasions that he was missing in action or dead. For 50 years, Nicky Barr never spoke publicly, and rarely privately, of his war-time experiences. He was very much a forgotten and forgetting hero (for further details, see Dornan, 2002). In his first public interview in 2002 on the Australian documentary program “Australian Story”, Nicky explained his 50 year silence by saying. (shrink)

Philosophers who study conspiracy theories have increasingly addressed the questions of where conspiracy theories come from, what such theories do, and what to do about them. This essay serves as a commentary on the answers to these questions offered by contributors to this special issue.

This paper defends the claim that mere temporal proximity always and without exception strengthens certain moral duties, including the duty to save – call this view Robust Temporalism. Although almost all other moral philosophers dismiss Robust Temporalism out of hand, I argue that it is prima facie intuitively plausible, and that it is analogous to a view about special obligations that many philosophers already accept. I also defend Robust Temporalism against several common objections, and I highlight its relevance to a (...) number of practical policy debates, including longtermism. My conclusion is that Robust Temporalism is a moral live option, that deserves to be taken much more seriously in the future. (shrink)

Philosophical discussions of gentrification have tended to focus on residential displacement. However, the prevalence of residential displacement is fiercely contested, with many urban geographers regarding it as quite uncommon. This lends some urgency to the underexplored question of how one should evaluate other forms of gentrification. In this paper, I argue that one of the most important harms suffered by victims of displacement gentrification is loss of access to the goods conferred by membership in a thriving local community. Leveraging the (...) social scientific literature, I go on to argue that non-displacement gentrification also often damages local communities. One can hence extend existing philosophical critiques of displacement gentrification to argue that non-displacement gentrification likewise poses a threat to relational equality, and often violates certain basic occupancy rights. Focusing on the value that inheres in thriving local communities also suggests some new possibilities for critiquing gentrification. For instance, existing occupancy rights critiques focus on incumbent land users’ interests in stability. However, one can also argue in a Lockean mode that incumbent land users’ occupancy rights are at least partially grounded in their community having laboured together to create objects of value. An extension of Michael Walzer’s theory of justice to incorporate community goods as a separate ‘sphere’ might also have widespread appeal. Taken together, these arguments constitute a sustained and theoretically ecumenical case for the pro tanto moral objectionability of gentrification. (shrink)

In the eighth chapter of the Bodhicaryāvatāra, the Buddhist philosopher Śāntideva has often been interpreted as offering an argument that accepting the ultimate nonexistence of the self (anātman) rationally entails a commitment to altruism, the view that one should care equally for self and others. In this essay, I consider reconstructions of Śāntideva’s argument by contemporary scholars Paul Williams, Mark Siderits and John Pettit. I argue that all of these various reconfigurations of the argument fail to be convincing. This suggests (...) that, for Madhyamaka Buddhists, an understanding of anātman does not entail acceptance of the Bodhisattva path, but rather is instrumental to achieving it. Second, it suggests the possibility that in these verses, Śāntideva was offering meditational techniques, rather than making an argument for altruism from the premise of anātman. (shrink)

Tomasello and colleagues have offered various arguments to explain why apes find the comprehension of pointing difficult. They have argued that: (i) apes fail to understand communicative intentions; (ii) they fail to understand informative, cooperative communication, and (iii) they fail to track the common ground that pointing comprehension requires. In the course of a review of the literature on apes' production and comprehension of pointing, I reject (i) and (ii), and offer a qualified defence of (iii). Drawing on work on (...) expressive communication, I sketch an account of a mechanism by which ape gestural communication may proceed: the showing of expressive and naturally meaningful embodied behaviours. Such gestures are easily interpretable because they present rich evidence for a speaker's message. By contrast, pointing typically provides poor evidence for a speaker’s message, which must therefore be inferred from considerations in the interlocutors' common ground. This makes pointing comprehension comparatively difficult. (shrink)

Introduction -- Historical essays -- The humanist brain : Alberti, Vitruvius, and Leonardo -- The enlightened brain : Perrault, Laugier, and Le Roy -- The sensational brain : Burke, Price, and Knight -- The transcendental brain : Kant and Schopenhauer -- The animate brain : Schinkel, Bötticher, and Semper -- The empathetic brain : Vischer, Wölfflin, and Göller -- The gestalt brain : the dynamics of the sensory field -- The neurological brain : Hayek, Hebb, and Neutra -- The phenomenal (...) brain : Merleau-Ponty, Rasmussen, and Pallasmaa -- Neuroscience and architecture -- Anatomy : architecture of the brain -- Ambiguity : architecture of vision -- Metaphor : architecture of embodiment -- Hapticity : architecture of the senses -- Epilogue: The architect's brain. (shrink)

Experts are sharply divided concerning the prevalence and influence of misinformation. Some have emphasized the severe epistemic and political threats posed by misinformation and have argued that some such threats have been realized in the real world. Others have argued that such concerns overstate the prevalence of misinformation and the gullibility of ordinary persons. Rather than taking a stand on this issue, I consider what would follow from the supposition that this latter perspective is correct. I argue that, if the (...) prevalence and influence of misinformation are indeed overstated, then many reports as to the prevalence and influence of misinformation constitute a kind of higher-order misinformation. I argue that higher-order misinformation presents its own challenges. In particular, higher-order misinformation, ironically, would lend credibility to the very misinformation whose influence it exaggerates. Additionally, higher-order misinformation would lead to underestimations of the reasons favoring opposing views. In short, higher-order misinformation constitutes misleading higher-order evidence concerning the quality of the evidence on which individuals form their beliefs. (shrink)

Social media misinformation is widely thought to pose a host of threats to the acquisition of knowledge. One response to these threats is to remove misleading information from social media and to de-platform those who spread it. While content moderation of this sort has been criticized on various grounds—including potential incompatibility with free expression—the epistemic case for the removal of misinformation from social media has received little scrutiny. Here, I provide an overview of some costs and benefits of the removal (...) of misinformation from social media. On the one hand, removing misinformation from social media can promote knowledge acquisition by removing misleading evidence from online social epistemic environments. On the other hand, such removals require the exercise of power over evidence by content moderators. As I argue, such exercises of power can encourage suspicions on the part of social media users and can compromise the force of the evidence possessed by such users. For these reasons, the removal of misinformation from social media poses its own threats to knowledge. (shrink)

Many philosophers have assumed, without argument, that Wittgenstein influenced Austin. More often, however, this is vehemently denied, especially by those who knew Austin personally. We compile and assess the currently available evidence for Wittgenstein’s influence on Austin’s philosophy of language. Surprisingly, this has not been done before in any detail. On the basis of both textual and circumstantial evidence we show that Austin’s work demonstrates substantial engagement with Wittgenstein’s later philosophy. In particular, Austin’s 1940 paper, ‘The Meaning of a Word’, (...) should be construed as a direct response to and development of ideas he encountered in Wittgenstein’s Blue Book. Moreover, we argue that Austin’s mature speech-act theory in How to Do Things with Words was also significantly influenced by Wittgenstein. (shrink)

This article explores the defense Indian Buddhist texts make in support of their conceptions of lives that are good for an individual. This defense occurs, largely, through their analysis of ordinary experience as being saturated by subtle forms of suffering . I begin by explicating the most influential of the Buddhist taxonomies of suffering: the threefold division into explicit suffering , the suffering of change , and conditioned suffering . Next, I sketch the three theories of welfare that have been (...) most influential in contemporary ethical theory. I then argue that Buddhist texts underdetermine which of these theories would have been accepted by ancient Indian Buddhists. Nevertheless, Buddhist ideas about suffering narrow the shape any acceptable theory of welfare may take. In my conclusion, I argue that this narrowing process itself is enough to reconstruct a philosophical defense of the forms of life endorsed in Buddhist texts. (shrink)

Du Bois regarded social reform as a legitimate object for the scientist. He gave a place to non-epistemic values in scientific reasoning and, to counter the effects of scientific racism, he constructed his approach around the belief that scientists must adopt an assumption or scientific hypothesis that African Americans are human. His engagement in scientific research was a way to reform the society in which he lived, which in turn, led him to defend the faithfulness to fact as his conception (...) of scientific objectivity. This essay examines his sophisticated theory of facts, account of the difference between the natural and human sciences, and unique pragmatist theory of truth. (shrink)

The review first discusses componential explanations of automaticity, which specify non/automaticity features (e.g., un/controlled, un/conscious, non/efficient, fast/slow) and their interrelations. Reframing these features as factors that influence processes (e.g., goals, attention, and time) broadens the range of factors that can be considered (e.g., adding stimulus intensity and representational quality). The evidence reviewed challenges the view of a perfect coherence among goals, attention, and consciousness, and supports the alternative view that (a) these and other factors influence the quality of representations in (...) an additive way (e.g., little time can be compensated by extra attention or extra stimulus intensity) and that (b) a first threshold of this quality is required for unconscious processing and a second threshold for conscious processing. The review closes with a discussion of causal explanations of automaticity, which specify factors involved in automatization such as repetition and complexity, and a discussion of mechanistic explanations, which specify the low-level processes underlying automatization. (shrink)