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)

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)

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)

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)

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)

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)

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)

The epistemic virtues and vices are typically defined in terms of effects or motivations related to the epistemic states of their possessors. However, philosophers have recently begun to consider _other-regarding_ epistemic virtues, traits oriented toward the epistemic flourishing of others. In a similar vein, this paper discusses _outward-facing_ epistemic vices, properties oriented toward the epistemic languishing of others. I argue for the existence of both reliabilist and responsibilist outward-facing vices, and illustrate how such vices negatively bear on the epistemic prospects (...) of others. I pay special attention to how outward-facing epistemic vices may manifest in online activities that promote the epistemic languishing of others by negatively influencing the online epistemic environment. (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.

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)

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)

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.

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)

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)

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)

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)

Some arguments include imperative clauses. For example: ‘Buy me a drink; you can’t buy me that drink unless you go to the bar; so, go to the bar!’ How should we build a logic that predicts which of these arguments are good? Because imperatives aren’t truth apt and so don’t stand in relations of truth preservation, this technical question gives rise to a foundational one: What would be the subject matter of this logic? I argue that declaratives are used to (...) produce beliefs, imperatives are used to produce intentions, and beliefs and intentions are subject to rational requirements. An argument will strike us as valid when anyone whose mental state satisfies the premises is rationally required to satisfy the conclusion. For example, the above argument reflects the principle that it is irrational not to intend what one takes to be the necessary means to one’s intended ends. I argue that all intuitively good patterns of imperative inference can be explained using off-the-shelf formulations of our rational requirements. I then develop a formal-semantic theory embodying this view that predicts a range of data, including free-choice effects and Ross’s paradox. The resulting theory shows one way that our aspirations to rational agency can be discerned in the patterns of our speech, and is a case study in how the philosophy of language and the philosophy of action can be mutually illuminating. (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.

Intentionalism is a research program that seeks to explain facts about meaning and communication in psychological terms, with our capacity for intention recognition playing a starring role. My aim here is to recommend a methodological reorientation in this program. Instead of a focus on intuitive counterexamples to proposals about necessary-and-sufficient conditions, we should aim to investigate the psychological mechanisms whose activities and interactions explain our capacity to communicate. Taking this methodologi- cal reorientation to heart, I sketch a theory of the (...) cognitive architecture underlying language use that I have defended elsewhere. I then show how this theory can be used to give an account of non-communicative language use—a phenomenon that has long posed a challenge to intentionalism. (shrink)

What is a speech act, and what makes it count as one kind of speech act rather than another? In the target article, Geurts considers two ways of answering these questions. His opponent is intentionalism—the view that performing a speech act is a matter of acting with a communicative intention, and that speech acts of different kinds involve intentions to affect hearers in different ways. Geurts offers several objections to intentionalism. Instead, he articulates and defends an admirably clear and resolute (...) version of the view that performing a speech act is a matter of undertaking a social commitment. Different kinds of speech acts, on his view, involve social commitments of different kinds. My aim is to respond to Geurts on behalf of intentionalism. I’ll argue that his objections aren’t all that worrying (Section 3), that Geurts’ view suffers from some quite serious problems that intentionalists don’t face (Section 4), and that intentionalists can give a principled account of the ways that speech acts give rise to commitments (Section 5). First I will spell out the two opposing views (Sections 1–2). (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)

[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)

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)

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)

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)

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)

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)

Orang-utans played a communication game in two studies testing their ability to produce and comprehend requestive pointing. While the ‘communicator’ could see but not obtain hidden food, the ‘donor’ could release the food to the communicator, but could not see its location for herself. They could coordinate successfully if the communicator pointed to the food, and if the donor comprehended his communicative goal and responded pro-socially. In Study 1, one orang-utan pointed regularly and accurately for peers. However, they responded only (...) rarely. In Study 2, a human experimenter played the communicator’s role in three conditions, testing the apes’ comprehension of points of different heights and different degrees of ostension. There was no effect of condition. However, across conditions one donor performed well individually, and as a group orang-utans’ comprehension performance tended towards significance. We explain this on the grounds that comprehension required inferences that they found difficult – but not impossible. The finding has valuable implications for our thinking about the development of pointing in phylogeny. (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)

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

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)

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.

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)

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)

Abraham has played a prominent role in recent developments in phenomenology and, in particular, continental philosophy of religion. This paper examines the importance that the scene of Genesis 22 plays in both Jacques Derrida and Jean-Luc Marion’s contributions to continental philosophy of religion. Specifically, I argue that Derrida and Marion turn to this scene of the binding of Isaac in order to describe the way in which our ethical life is structured religiously around the theme of sacrifice. In this, sacrifice (...) brings an impetus to ethical life that includes a comportment to the other but also extends beyond the other to include the givenness of phenomena themselves. (shrink)

There is a difference between having reasons for believing and believing for reasons. This difference is often fleshed out via an epistemic basing relation, where an epistemic basing relation obtains between beliefs and the actual reasons for which those beliefs are held. The precise nature of the basing relation is subject to much controversy, and one such underdeveloped issue is whether beliefs can be based on brain processing. In this paper I answer in the negative, providing reasons that the basing (...) relation must be a specific psychological level relation between mental states, rather than being a brain process. (shrink)

This essay involves exploration of certain repercussions of Bernard Williams’ view that there is, in Wittgenstein’s later work, a transcendental idealism akin to that found in the Tractatus—sharing with it the feature that it cannot be satisfactorily stated. It is argued that, if Williams is right, then Wittgenstein’s later work precludes a philosophically substantial theory of meaning; for such a theory would force us to try to state the idealism. In a postscript written for the reprint of the essay, reasons (...) are given for thinking that Williams is not right: Wittgenstein’s later work actually helps us to repudiate as ill-conceived all those questions whose answers invite us to embrace any such idealism. But the main thesis of the essay remains intact. Indeed the idea that Wittgenstein’s later work precludes a philosophically substantial theory of meaning is reinforced. (shrink)

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)

It is sometimes claimed that Gricean communication is necessarily a form of cooperative or ‘joint’ action. A consequence of this Cooperative Communication View is that Gricean communication could not itself contribute to an explanation of the possibility of joint action. I argue that even though Gricean communication is often a form of joint action, it is not necessarily so—since it does not always require intentional action on the part of a hearer. Rejecting the Cooperative Communication View has attractive consequences for (...) our theorising about human cognitive development, since it opens up the possibility of appealing to communicative interaction to explain the emergence of joint action in phylogeny. (shrink)

The aim of this essay is to characterize the issue whether tense is real. Roughly, this is the issue whether, given any tensed representation, its tense corresponds in some suitably direct way to some feature of reality. The task is to make this less rough. Eight characterizations of the issue are considered and rejected, before one is endorsed. On this characterization, the unreality of tense is equivalent to the unity of temporal reality. The issue whether tense is real, so characterized, (...) is then related to Kant’s deduction of the categories in his Critique of Pure Reason. It is argued that Kant’s deduction does not provide the argument for the unreality of tense that it may appear to. The conclusion drawn at the end of the essay is that the unreality of tense cannot be argued for—not because tense is real, but because, even if it is unreal, its unreality is basic. (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.

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)

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)

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)

Little is known about the aims and impact of university-based ethics centers. Less is known about how centers leverage their unique campus positions to engage undergraduates in transformative ethics education. This article provides a foundation for future research on university-based ethics centers. First, this article addresses the history of ethics education in higher education, the rise of university ethics centers, and the factors necessary for successful ethics programs. Next, this piece shows the geographic distribution of ethics centers and which centers (...) provide undergraduate-focused ethics education. Finally, this article enables future research on effective ethics center structure, leadership, and outreach. (shrink)

It is argued that, although there are no ineffable truths, the concept of ineffability nevertheless does have application—to certain states of knowledge. Towards the end of the essay this idea is related to religion: it is argued that the language that results from attempting (unsuccessfully) to put ineffable knowledge into words is very often of a religious kind. An example of this is given at the very end of the essay. This example concerns the Euthyphro question: whether what is right (...) is right because God wills it, or whether God wills it because it is right. (shrink)