After introducing the new field of cultural evolution, we review a growing body of empirical evidence suggesting that culture shapes what people attend to, perceive and remember as well as how they think, feel and reason. Focusing on perception, spatial navigation, mentalizing, thinking styles, reasoning (epistemic norms) and language, we discuss not only important variation in these domains, but emphasize that most researchers (including philosophers) and research participants are psychologically peculiar within a global and historical context. This rising tide of (...) evidence recommends caution in relying on one’s intuitions or even in generalizing from reliable psychological findings to the species, Homo sapiens. Our evolutionary approach suggests that humans have evolved a suite of reliably developing cognitive abilities that adapt our minds, information-processing abilities and emotions ontogenetically to the diverse culturally-constructed worlds we confront. (shrink)

This paper considers the analogies and disanalogies between a certain sort of argument designed to oppose scepticism about free will and a certain sort of argument designed to oppose scepticism about the external world. In the case of free will, I offer the ancient Lazy Argument and an argument of my own, which I call the Agency Argument, as examples of the relevant genre; and in the case of the external world, I consider Moore’s alleged proof of an external (...) world. I draw attention to analogies and disanalogies between the arguments offered in each case in order to suggest that although the Agency Argument shares with its Moorean relative the unfortunate property of being dialectically ineffective against some of those it is mainly hoping to convince, it will not be dialectically ineffective against all of them. It is also argued that the Agency Argument is less vulnerable than Moore’s proof to worries about its justificatory structure. (shrink)

The precarious rights of senior citizens, especially those who are highly educated and who are expected to counsel and guide the younger generations, has stimulated the creation internationally of advocacy associations and opinion leader groups. The strength of these groups, however, varies from country to country. In some countries, they are supported and are the focus of intense interest; in others, they are practically ignored. For this is reason we believe that the creation of a network of all these associations (...) is essential. The proposed network would act as a support for the already-existing policies of the United Nations’ High Commission for Human Rights, of independent experts, and of the Global Alliance for the Rights of Older People. All three have long ago recommended the creation of a recognized instrument for uniting presently scattered efforts. The proposed network, therefore, will seek to promote the international exchange of relevant expertise, and it will reinforce the commitments and actions that single countries are currently taking to meet these objectives. For example, informative public events can be organised to promote particular support initiatives and to provide an opportunity for new members of the network to be presented. The network will promote health for senior citizens, disease prevention, senior mobility, safe free time for seniors, alimentary education, protection against new risks and dangers, as well as equity in the services necessary for seniors to adopt new information and communication technologies. In the case of retired academic members, the network will promote equality with respect to continuing use of digital technologies (particularly email), continuing access to research libraries, and the guaranteed ability for seniors to fund their own research programs and to deliver free seminars. (shrink)

Phenomenal conservatives claim that seemings are sui generis mental states and can thus provide foundational non-doxastic justification for beliefs. Many of their critics deny this, claiming, instead, that seemings can be reductively analyzed in terms of other mental states—either beliefs, inclinations to believe, or beliefs about one’s evidence—that cannot provide foundational non-doxastic justification. In this paper, I argue that no tenable semantic reduction of ‘seems’ can be formulated in terms of the three reductive analyses that have been proposed by critics (...) of phenomenal conservatism. This is because Moore-paradoxical statements are generated when each of the reductive analyses is substituted for ‘seems’ in statements like ‘The stick is straight, but it does not seem to me that it’s straight.’ Since the latter statement is not Moore-paradoxical, the three proposed reductive analyses of ‘seems’ are unsuccessful. Absent a successful semantic reduction, however, there is no good reason to think a successful metaphysical reduction of seemings is forthcoming. Thus, there is an additional reason, unnoticed in the existing literature, to think that seemings are sui generis mental states. (shrink)

(in lieu of abstract, first paragraphs here) For philosophers, reading Richard Dawkins is often a frustrating experience. Many of Dawkins’ writings treat important philosophical topics, such as the existence of God, the meaning of life, the relationship of randomness to order. Dawkins has original ideas, but he lacks the philosophical training and vocabulary to articulate these ideas properly and to develop them coherently. In Believing in Dawkins, Eric Steinhart sets himself an ambitious task: to use the writings of Dawkins to (...) present a coherent, naturalistic alternative to religious metaphysics, specifically to Christian theism. Using an architectural metaphor, he summarizes the project of Believing in Dawkins as follows -/- It is helpful to think of the Dawkinsian texts in architectural terms. His fragmentary sketches for spiritual naturalism are like architectural drawings. Sometimes they depict little windows, while other times they portray enormous spires reaching towards the stars. The edifice is vast. But these architectural diagrams are often unclear, incomplete, and inconsistent. I want to clarify them, fill in their missing parts, and resolve their conflicts. So I’m using his writings to construct a novel building. … To fit his fragmentary plans into a coherent and self-supporting structure, I will add some large-scale frameworks (10). -/- Steinhart’s wide-ranging book covers many topics: complexity, ontology, possibility, humanity, spirituality, among many others. He does not sneak theism into Dawkins’ writings. In fact, Steinhart argues that many practices and ideas that he uses to construct the edifice of Dawkins’ spiritual naturalism have been hijacked by theism, such as the notion of an afterlife, sacredness, holiness, and even the notion of gratitude. (shrink)

Cambridge’deki büyük akademik cemaatin sakinleri olan bizler bir araya geldik ve hoşgörü ve onun egemen politik iklim içerisindeki yeri hakkında dostça ama ateşli bir tartışma yürüttük. Okuyucu, bizim nerelerde aynı düşüncede olmadığımızı bulmakta hiçbir zorluk çekmeyecektir. Diğer taraftan, farklı başlangıç noktalarından ve farklı yollardan hareketle yaklaşık olarak aynı yere ulaştık. Her birimiz için, egemen hoşgörü kuramı ve pratiğinin, incelendiği takdirde, korkunç politik gerçekleri gizlemeye yarayan bir maske olduğu ortaya çıktı. Kızgınlığın tonu makaleden makaleye keskin bir şekilde artmakta; belki de boş (...) yere, okuyucuların bu noktaya getiren akıl yürütmeyi takip edeceklerini umuyoruz. Nihayetinde bu kızgınlık hem kafa hem de kalpte ikamet etmektedir…. (shrink)

Some theories of goodness are descriptively rich: they have much to say about what makes things good. Neo-Aristotelian accounts, for instance, detail the various features that make a human being, a dog, a bee good relative to facts about those forms of life. Famously, such theories of relative goodness tend to be comparatively poor: they have little or nothing to say about what makes one kind of being better than another kind. Other theories of goodness—those that take there to be (...) absolute goodness—are comparatively rich: they offer grounds for judging some types of things better than others because they have more absolute goodness. Moorean accounts, for example, can tell us that humans and human experiences are superior to bees and blades of grass. But such theories tend to be descriptively poor: they struggle to tell us in virtue of what this is so. In this essay we motivate and flesh out a view that splits the difference between accounts of goodness as relative and accounts of goodness as absolute. Such a view holds promise only if the mechanics of this kind of metaphysics of goodness can be worked out. Here we present a view on which the paradigm for absolute goodness is God and the paradigm for each kind of relative goodness is a divine idea. (shrink)

I argue that the fundamental dogma that all necessary relations are internal is ungrounded. To motivate my argument, I analyse Moore’s classic ideas on internal relations and take them as an illustration of the common form of reasoning that can mislead us to conclude that all necessary relations are internal. That reasoning illicitly smuggles the idea that necessary properties and relations reflect on identity—in the sense that the loss of a necessary property/relation is a loss of identity—into the separate (...) idea that the loss of a necessary property/relation is a loss of essence. Essence, however, is not identity. So the way seems to be open for the existence of necessary properties/relations which do not belong to the essence of entities; that is, the existence of necessary but external relations. I then offer some examples of such relations. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet the (...) minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

The explanatory challenge of sentience is known as the “hard problem of consciousness”: How does subjective experience arise from physical objects and their relations? Despite some optimistic claims, the perennial struggle with this question shows little evidence of imminent resolution. In this article I focus on the “why” rather than on the “how” of sentience. Specifically, why did sentience evolve in organic lifeforms? From an evolutionary perspective this question can be framed: “What adaptive problem(s) did organisms face in their evolutionary (...) past and how were those challenges met? I argue that sentience was a critical component of the adaptive solution (i.e., adopting an agentic stance) to increasingly complex and unpredictable demands placed on vertebrates approximately 500 million years ago (the so-called Cambrian explosion). One consequence of taking an agentic stance is that it freed the organism from its neural moorings, positioning it within phenomenal space outside its brain. (shrink)

Bilimsel faaliyetin ve bilimsel bilginin en temel özelliklerinden bir tanesi olarak karşımıza çıkan bilimsel nesnellik bilim felsefesi alanı içerisinde sıklıkla tartışılan bir konu olagelmiştir. Bu doğrultuda, bilimsel nesnelliğin temin edilmesine yönelik çeşitli görüşler ileri sürülmektedir. Genel olarak bilimsel nesnellik bilim insanlarının çalışmalarında olguları doğrudan yansıtması ya da bilim insanlarının çalışmalarını tarafsız bir bakış açısıyla tamamlaması olarak anlaşılmaktadır. Bu görüşlerin bilim felsefesi içerisindeki yansımaları sırasıyla olgulara bağlılık olarak nesnellik ve hiçbir yerden bakış olarak nesnellik isimleriyle olmuştur. Bu bakış açısı, kişisel çıkarların (...) ve değerlerin bilimsel çalışmalardan izole edilmesi sayesinde bilimsel nesnelliğin sağlanabileceğini kabul etmektedir. Diğer bir deyişle, bilimler değerlerden bağımsız olduğu takdirde nesnel olabilmektedirler. Bu görüşe karşı olarak, Helen Longino gibi bilim insanları ise değerleri bilimsel nesnelliğin bir gerekliliği olarak görmektedirler. Bu çalışmada, özellikle değerlerin göz ardı edilmesiyle bilimsel nesnelliğin gerçekleştirilmesinin mümkün olamayacağını vurgulan Helen Longino’nun “bağlamsal deneycilik” olarak bilinen görüşlerine yer verilmektedir. Buna göre Longino, bilimsel araştırmanın toplumsal yönlerini göz önünde bulundurarak değerden bağımsız ideali tamamen reddetmektedir. O değer yüklü bir bilimin hem bilgi kuramsal açıdan hem de nesnellik açısından güvenilir olabileceğini düşünmektedir. -/- Scientific objectivity, which is one of the most basic features of scientific activity and scientific knowledge, is a subject that is frequently discussed in the field of philosophy of science. In this direction, various views are put forward to ensure scientific objectivity. In general, scientific objectivity is understood as scientists reflecting the facts as they are in their studies or scientists completing their studies with an impartial point of view. The reflections of these views in the philosophy of science were respectively called objectivity as faithfulness to facts and objectivity as a view from nowhere. This perspective recognizes that scientific objectivity can be achieved by isolating personal interests and values from scientific studies. In other words, sciences can only be objective if they are value-free. Against this view, scientists such as Helen Longino see values as a necessity of scientific objectivity. In this study, Helen Longino's views known as "contextual empiricism" are included. Accordingly, it is emphasized that it is not possible to realize scientific objectivity by ignoring values. Longino completely rejects the value-free ideal, considering the social aspects of scientific research. She thinks that a value-laden science can be reliable both in terms of epistemology and objectivity. (shrink)

Fac simile of documents [mostly letters & dedications] from & to FELIX SOMLÓ (1873–1918) (including by Leonidas Pitamic and Adolf Merkl, among others) & JULIUS MOÓR (1888–1950) (including by M. Stockhammer, Wilhelm Sauer, Karl Petraschek, among others), followed by HANS KELSEN’s Selbstbiographie [February 1927] (15–22 w/ letter, 23) & ILMAR TAMMELO’s only surviving copy of his PhD thesis in his own translation on Kritik zu Prof. Kliimann’s normativistischer Unterscheidung des Privat- und des öffentlichen Rechts [Dorpat, 1942] (63–145), both prepared to (...) the latter; w/ Bibl. & Preface [1995/e] x–xv, as well as documentation in Hungarian on how the Editor could save their rich personal professional library of several thounds volumes and making acquired them by the Library of Parliament in Budapest as its special collection in Anhang (147–156); Personenverzeichnis. (shrink)

The definition of "philosophical analysis" is far from obvious and the definition adopted by the editors should be mentioned. The editors wish to designate with this term, as is often done in the English-speaking world, a much broader tradition than that of "analytical philosophy", one initiated by the disciples of the second Wittgenstein and including Moore, Russell, Wittgenstein, the Vienna Circle, neo-empiricism and the "philosophy of ordinary language". From the editors' introductions it is clear that there was a number (...) of reasons that at first delayed and hindered the reception of the analytic tradition in Latin America, and later forced this tradition into a position of open confrontation with the pre-existing philosophical schools of continental derivation. In this clash, cultural factors played a role, as did the dramatic socio-political events of these countries, events that also influenced the personal destinies of many of the authors who appear in the anthology who emigrated or were removed from teaching by military dictatorships. (shrink)

Experiential acquaintance is an alleged relation between ourselves and our experiences that has sometimes been hypothesised as necessary for knowledge of our experiences. This paper begins with a clarification of ‘acquaintance’ and an explanation of ‘experience’ that focuses attention on a famous, but flawed, argument by G. E. Moore. It goes on to critically examine several recent arguments concerning experiential acquaintance and to show how internalist foundationalism can respond to a famous Sellarsian dilemma without appeal to a relation of (...) acquaintance with our experiences. It concludes that we can dispense with experiential acquaintance. (shrink)

Can agents rationally inquire into things that they know? On my view, the answer is yes. Call this view the Compatibility Thesis. One challenge to this thesis is to explain why assertions like “I know that p, but I’m wondering whether p” sound odd, if not Moore-Paradoxical. In response to this challenge, I argue that we can reject one or both premises that give rise to it. First, we can deny that inquiry requires interrogative attitudes. Second, we can deny (...) the ignorance norm, on which agents are not permitted to both know and have interrogative attitudes, such as wondering. I argue that there are compelling reasons to deny the former and reasons to question the latter. Both options pave the way for further work on further inquiry. (shrink)

This paper is a companion piece to my earlier paper “Fallibilism and Concessive Knowledge Attributions”. There are two intuitive charges against fallibilism. One is that it countenances the truth (and presumably acceptability) of utterances of sentences such as “I know that Bush is a Republican, though it might be that he is not a Republican”. The second is that it countenances the truth (and presumably acceptability) of utterances of sentences such as “I know that Bush is a Republican, even though (...) I’m not certain that he is”, or “I know that Bush it a Republican, even though it isn’t certain that he is.” In “Fallibilism and Concessive Knowledge Attributions”, I argue that fallibilism in epistemology does not countenance the truth of utterances of sentences such as “I know that Bush is a Republican, though it might be that he is not a Republican”. In this paper, I argue that there are independent reasons for thinking that utterances of sentences such as “I know that Bush is a Republican, though I’m not certain that he is” and “I know that Bush is a Republican, though it’s not certain that he is” are unassertible. More specifically, I argue that these are simply instances of Moore’s Paradox, such as “Dogs bark, but I don’t know that they do.” The right account of Moore’s Paradox does not involve the falsehood of the semantic content of the relevant utterances, but rather their pragmatic unacceptability. So the anti-fallibilist intuitions turn out to have pragmatic, rather than semantic import, and therefore do not tell against the truth of fallibilism. Fallibilism in epistemology is often thought to be theoretically desirable, but intuitively problematic. My purpose with these two papers is to show that fallibilism is not intuitively problematic. (shrink)

In 1901 Russell had envisaged the new analytic philosophy as uniquely systematic, borrowing the methods of science and mathematics. A century later, have Russell’s hopes become reality? David Lewis is often celebrated as a great systematic metaphysician, his influence proof that we live in a heyday of systematic philosophy. But, we argue, this common belief is misguided: Lewis was not a systematic philosopher, and he didn’t want to be. Although some aspects of his philosophy are systematic, mainly his pluriverse of (...) possible worlds and its many applications, that systematicity was due to the influence of his teacher Quine, who really was an heir to Russell. Drawing upon Lewis’s posthumous papers and his correspondence as well as the published record, we show that Lewis’s non- Quinean influences, including G.E. Moore and D.M. Armstrong, led Lewis to an anti- systematic methodology which leaves each philosopher’s views and starting points to his or her own personal conscience. (shrink)

Can new technology enhance purpose-driven, democratic dialogue in groups, governments, and societies? Online Deliberation: Design, Research, and Practice is the first book that attempts to sample the full range of work on online deliberation, forging new connections between academic research, technology designers, and practitioners. Since some of the most exciting innovations have occurred outside of traditional institutions, and those involved have often worked in relative isolation from each other, work in this growing field has often failed to reflect the full (...) set of perspectives on online deliberation. This volume is aimed at those working at the crossroads of information/communication technology and social science, and documents early findings in, and perspectives on, this new field by many of its pioneers. -/- CONTENTS: -/- Introduction: The Blossoming Field of Online Deliberation (Todd Davies, pp. 1-19) -/- Part I - Prospects for Online Civic Engagement -/- Chapter 1: Virtual Public Consultation: Prospects for Internet Deliberative Democracy (James S. Fishkin, pp. 23-35) -/- Chapter 2: Citizens Deliberating Online: Theory and Some Evidence (Vincent Price, pp. 37-58) -/- Chapter 3: Can Online Deliberation Improve Politics? Scientific Foundations for Success (Arthur Lupia, pp. 59-69) -/- Chapter 4: Deliberative Democracy, Online Discussion, and Project PICOLA (Public Informed Citizen Online Assembly) (Robert Cavalier with Miso Kim and Zachary Sam Zaiss, pp. 71-79) -/- Part II - Online Dialogue in the Wild -/- Chapter 5: Friends, Foes, and Fringe: Norms and Structure in Political Discussion Networks (John Kelly, Danyel Fisher, and Marc Smith, pp. 83-93) -/- Chapter 6: Searching the Net for Differences of Opinion (Warren Sack, John Kelly, and Michael Dale, pp. 95-104) -/- Chapter 7: Happy Accidents: Deliberation and Online Exposure to Opposing Views (Azi Lev-On and Bernard Manin, pp. 105-122) -/- Chapter 8: Rethinking Local Conversations on the Web (Sameer Ahuja, Manuel Pérez-Quiñones, and Andrea Kavanaugh, pp. 123-129) -/- Part III - Online Public Consultation -/- Chapter 9: Deliberation in E-Rulemaking? The Problem of Mass Participation (David Schlosberg, Steve Zavestoski, and Stuart Shulman, pp. 133-148) -/- Chapter 10: Turning GOLD into EPG: Lessons from Low-Tech Democratic Experimentalism for Electronic Rulemaking and Other Ventures in Cyberdemocracy (Peter M. Shane, pp. 149-162) -/- Chapter 11: Baudrillard and the Virtual Cow: Simulation Games and Citizen Participation (Hélène Michel and Dominique Kreziak, pp. 163-166) -/- Chapter 12: Using Web-Based Group Support Systems to Enhance Procedural Fairness in Administrative Decision Making in South Africa (Hossana Twinomurinzi and Jackie Phahlamohlaka, pp. 167-169) -/- Chapter 13: Citizen Participation Is Critical: An Example from Sweden (Tomas Ohlin, pp. 171-173) -/- Part IV - Online Deliberation in Organizations -/- Chapter 14: Online Deliberation in the Government of Canada: Organizing the Back Office (Elisabeth Richard, pp. 177-191) -/- Chapter 15: Political Action and Organization Building: An Internet-Based Engagement Model (Mark Cooper, pp. 193-202) -/- Chapter 16: Wiki Collaboration Within Political Parties: Benefits and Challenges (Kate Raynes-Goldie and David Fono, pp. 203-205) -/- Chapter 17: Debian’s Democracy (Gunnar Ristroph, pp. 207-211) -/- Chapter 18: Software Support for Face-to-Face Parliamentary Procedure (Dana Dahlstrom and Bayle Shanks, pp. 213-220) -/- Part V - Online Facilitation -/- Chapter 19: Deliberation on the Net: Lessons from a Field Experiment (June Woong Rhee and Eun-mee Kim, pp. 223-232) -/- Chapter 20: The Role of the Moderator: Problems and Possibilities for Government-Run Online Discussion Forums (Scott Wright, pp. 233-242) -/- Chapter 21: Silencing the Clatter: Removing Anonymity from a Corporate Online Community (Gilly Leshed, pp. 243-251) -/- Chapter 22: Facilitation and Inclusive Deliberation (Matthias Trénel, pp. 253-257) -/- Chapter 23: Rethinking the ‘Informed’ Participant: Precautions and Recommendations for the Design of Online Deliberation (Kevin S. Ramsey and Matthew W. Wilson, pp. 259-267) -/- Chapter 24: PerlNomic: Rule Making and Enforcement in Digital Shared Spaces (Mark E. Phair and Adam Bliss, pp. 269-271) -/- Part VI - Design of Deliberation Tools -/- Chapter 25: An Online Environment for Democratic Deliberation: Motivations, Principles, and Design (Todd Davies, Brendan O’Connor, Alex Cochran, Jonathan J. Effrat, Andrew Parker, Benjamin Newman, and Aaron Tam, pp. 275-292) -/- Chapter 26: Online Civic Deliberation with E-Liberate (Douglas Schuler, pp. 293-302) -/- Chapter 27: Parliament: A Module for Parliamentary Procedure Software (Bayle Shanks and Dana Dahlstrom, pp. 303-307) -/- Chapter 28: Decision Structure: A New Approach to Three Problems in Deliberation (Raymond J. Pingree, pp. 309-316) -/- Chapter 29: Design Requirements of Argument Mapping Software for Teaching Deliberation (Matthew W. Easterday, Jordan S. Kanarek, and Maralee Harrell, pp. 317-323) -/- Chapter 30: Email-Embedded Voting with eVote/Clerk (Marilyn Davis, pp. 325-327) -/- Epilogue: Understanding Diversity in the Field of Online Deliberation (Seeta Peña Gangadharan, pp. 329-358). -/- For individual chapter downloads, go to odbook.stanford.edu. (shrink)

The traditional picture of the development of analytical philosophy, represented especially by such thinkers as G. Frege, G. E. Moore, B. Russell or R. Carnap, whose attitude was generally anti-metaphysical, can, on closer study, be shown to be incomplete. This article treats of the Cracow circle – a group of Polish philosophers among whom are, above all, to be counted J. Salamucha, J. M. Bocheński, J. F. Drewnowski, and B. Sobociński, who were, at the beginning of the twentieth century, (...) fascinated by the development of modern formal logic and its application to philosophical thinking. They also attempted to apply it to Catholic philosophy. The result of their endeavours were many remarkable works introducing not only a defence of the use of modern philosophical approaches in Christian thought, but also the reconstruction, by means of formal logic, of significant proofs given by Scholastic authors. (shrink)

This book presents Robert S. Hartman’s formal theory of value and critically examines many other twentieth century value theorists in its light, including A.J. Ayer, Kurt Baier, Brand Blanshard, Paul Edwards, Albert Einstein, William K. Frankena, R.M. Hare, Nicolai Hartmann, Martin Heidegger, G.E. Moore, P.H. Nowell-Smith, Jose Ortega y Gasset, Charles Stevenson, Paul W. Taylor, Stephen E. Toulmin, and J.O. Urmson.

This article analyses in detail Wittgenstein’s ‘Cambridge period’ from his return to Cambridge in 1929 until his decease in 1951. Within the ‘Cambridge period’, scholars usually distinguish the ‘middle’ (1929–1936) and the ‘late’ (1936–1951) periods. The trigger point of Wittgenstein’s return to Cambridge and philosophy was his visit to Brouwer’s lecture on ‘Mathematics, Science, and Language’ in Vienna in March 1928. Dutch mathematician Brouwer influenced not only Wittgenstein’s ability to do philosophy again but also the development of some of his (...) ideas. Namely, for Brouwer, language was a natural development of the social history of human beings. With the help of his friends, F. P. Ramsey, J. M. Keynes, G. E. Moore, and B. Russell, in 1929 Wittgenstein returned to Cambridge. The author argues that this was the crucial turning point in his philosophy that led to the revision of some of his ideas. Wittgenstein returned from self-isolation in remote villages of Lower Austria to the intellectual academic environment, where he could discuss his ideas with intellectual interlocutors and receive their valuable remarks and comments. This article is organised in chronological order: it describes the very ‘early’ middle period of 1929–1935 involving the development of Wittgenstein’s ‘phenomenology’ and the origin of the ‘language-games’ concept in the Blue and Brown Books; 1935–1936 period of ‘romantic’ enthusiasm for Soviet Russia and a trip there; Wittgenstein’s life and work during the WWII-time; resign from teaching in Cambridge in 1947 to finally finish his Philosophical Investigations. The author suggests that the ‘romantic areal’ about the USSR was formed by Wittgenstein’s predilection for Russian poetry and literature of the nineteenth century, i.e., Tolstoy, Dostoevsky, and Pushkin. Analysing the development of Wittgenstein’s ideas on language in his Cambridge period, the author mentions the influence of N. Bakhtin and P. Sraffa. Also, the author touches upon the topic of the possibility of Marxism’s influence on Wittgenstein’s life and thought. (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)

Imagine that you are given access to an AI chatbot that compellingly mimics the personality and speech of a deceased loved one. If you start having regular interactions with this “thanabot,” could this new relationship be a continuation of the relationship you had with your loved one? And could a relationship with a thanabot preserve or replicate the value of a close human relationship? To the first question, we argue that a relationship with a thanabot cannot be a true continuation (...) of your relationship with a deceased loved one, though it might support one’s continuing bonds with the dead. To the second question, we argue that, in and of themselves, relationships with thanabots cannot benefit us as much as rewarding and healthy intimate relationships with other humans, though we explain why it is difficult to make reliable comparative generalizations about the instrumental value of these relationships. (shrink)

Criminal law practices in the US, including policing and incarceration, have drawn heavy criticism for their disproportionate impact on black people, particularly black men. At the same time, some feminist scholars and activists advocate for increases in criminal law responses to sexual assault, including expanding criminal statutes to cover more instances of sexual assault and increasing sentencing guidelines. These reforms are often justified by claims that criminal law should express more feminist values and reject sexist social schemas. This paper makes (...) the case that criminal legal interventions aimed at changing sexist social schemas, such as ‘rape culture,’ are unlikely to be successful because criminal law is effective at maintaining existing social norms, but bad at introducing novel ones. Similarly, in the US, criminality has been ideologically linked to blackness, so attempts to use the stigma of criminality to combat sexual violence are likely to reinforce anti-black racism. The very meaning of a criminal law depends on related social schemas, and the racist social schemas associated with criminality undermine the ability of criminal legal responses to present anti-sexist values. At best, criminal legal reforms aimed at expressing the equal dignity of women will be ambiguous because their meaning is negotiated by existing sexist and racist social schemas. Thus, penal expressivism cannot offer a justification for using criminal law to combat sexual assault. (shrink)

This article argues that our attention is pervasively biased by embodied affects and that we are normatively assessable in light of this. From a contemporary perspective, normative theorizing about attention is a relatively new trend (Siegel 2017: Ch. 9, Irving 2019, Bommarito 2018: Ch. 5). However, Buddhist philosophy has provided us with a well-spring of normatively rich theorizing about attention from its inception. This article will address how norms of attention are dealt with in Buddhaghosa’s (5th-6th CE) claims about how (...) wholesome forms of empathy can go wrong. Through this analysis, I will show that Buddhist philosophers like Buddhaghosa think there is an existential norm of attention, one that commands us not just to pay attention to ourselves and the world properly, but one whereby we are exhorted to attend to ourselves in a way that gradually transforms our cognitive-emotional constitution so that we become liberated from suffering. (shrink)

[COMMENTARY on Walter Veit's "A Philosophy for the Science of Animal Consciousness"] The framework Veit introduces for animal consciousness turns on finding and articulating its evolutionary origins. Veit argues that consciousness first evolved as affective experience in the Cambrian period. His argument centers around the plausible need of organisms in the Cambrian for a common currency of subjective valuation. I argue that such an adaptive pressure is unlikely to result in affective experience. I review other processes that instantiate common currencies (...) of subjective valuation: unconscious (non-experiential) affect and the reward learning system and argue that each is likely to have evolved prior to affective experience. (shrink)

This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation like (...) slavery or Jim Crow. While a “patterns” account helpfully directs attention to the effects of policies and practices that make up an institution, it does not fully explain the deep roots of anti-blackness in the criminal justice system in the United States. The paper concludes by defending an ideology-based theory of institutional racism for understanding the criminal justice system because the stereotype of the black criminal has a mutually reinforcing relationship with the patterns of disparate outcome for black people in the criminal justice system. This relationship creates a looping effect where the stereotype of the black criminal fuels the disproportionate involvement of black people in the criminal justice system, and the disproportionate representation of black people with felony records, in prisons, brutalized in police encounters, and so on reinforces the idea that black people are especially prone to criminality. Ideological approaches to racism that integrate attention to the patterns of disparate effect best explain what it means to say that the criminal justice system is racist. (shrink)

Trans existence has recently been plagued by two different explanations: a natural, “born this way,” necessity and a social, often-thought perverted, choice. These contrasting explanations of necessity and choice create an explanatory false dichotomy and political double-bind. This talk constructs an alternative explanation for why people transition, one that centralizes the role of desire while recognizing the necessity of choice that arises from that desire. Toward this end, I present a moral psychology of desire. An explanation that recognizes the role (...) desire plays, not just in our actions, but in our perception. This desire is made apparent when one perceives the option to transition as a salient possibility. Once this desire is recognized, it functions as what Bernard Williams calls a categorical desire, a desire that partly constitutes one’s ethical identity and thus makes following through on that desire a matter of practical necessity that adds meaning to our lives. I argue that this explanation eschews the explanatory false dichotomy and evades the political double-bind. (shrink)

Conscious but incapacitated patients need protection from both undertreatment and overtreatment, for they are exceptionally vulnerable, and dependent on others to act in their interests. In the United States, the law prioritizes autonomy over best interests in decision making. Yet U.S. courts, using both substituted judgment and best interests decision making standards, frequently prohibit the withdrawal of life-sustaining treatment from conscious but incapacitated patients, such as those in the minimally conscious state, even when ostensibly seeking to determine what patients would (...) have wanted. In the United Kingdom, under the Mental Capacity Act of 2005, courts decide on the best interests of incapacitated patients by, in part, taking into account the past wishes and values of the patient. This paper examines and compares those ethicolegal approaches to decision making on behalf of conscious but incapacitated patients. We argue for a limited interpretation of best interests such that the standard is properly used only when the preferences of a conscious, but incapacitated patient are unknown and unknowable. When patient preferences and values are known or can be reasonably inferred, using a holistic, all-things-considered substituted judgment standard respects patient autonomy. (shrink)

Can the best arguments for a privation theory of evil be parodied, with equal plausibility, as arguments for a privation theory of good? The privation theory of evil claims that evil has no positive existence, and it is but a privation of good. The privation theory of good claims the opposite. I approach this topic as one element in the so-called evil-God Challenge. Stephen Law has argued that the epistemic support for belief in an omniscient, omnipotent, and morally perfect God (...) (theism) is on a par with the epistemic support for belief in an omniscient, omnipotent, but completely evil-God (maltheism). In fact, he concludes, the arguments for an evil God are symmetrical with, and isomorphic to, those for a good God. The privation theory of evil has often been used to defend theism against the argument from evil. Thus, part of the evil-God Challenge is to evaluate arguments for the privation theory of evil for their vulnerability to maltheist parody. I consider a broad range of arguments for the privation theory of evil, and I argue that most of them are vulnerable to parodic neutralization. Furthermore, I argue that although the thesis of the convertibility of being and goodness is often held to entail the privation theory of evil, or to be entailed by it (or to be equivalent to it), it is independent of the privation theory. I do find that David Oderberg’s recent argument for the privation theory of evil resists any easy maltheist parody, but I argue that it has a defect. I sketch an argument according to which his good-as-fulfillment account is compatible with a perfectly evil god. My tentative conclusion is that the privation theory of evil enjoys little more plausibility than does the privation theory of good. (shrink)

Despite Spinoza’s prominence in Joyce’s Ulysses, almost nothing in the Joyce Industry’s hundred years has been written about him. My first section reviews three exceptions to this trend, which view the character Leopold Bloom as modeled on Spinoza’s (1) life, (2) redefinition of prophecy, and (3) the “attribute” of thought thinking thought. My second section follows a fourth Joycean to the Marxist Antonio Negri’s essay on Spinozist freedom and Joyce, from which I derive a fourth figure of Bloom as (4) (...) a liberating prosthesis for infinite democracy. And my final section applies my previous interpretation of Spinoza’s “intuition” as poetry to Ulysses, interpreted as an epic prose poem where Joyce as a Spinozist God poly-conjugationally persecutes a poly-subjugated Bloom, including with pervasive antisemitism, thus making Ulysses more satirical Inferno than happy Divine Comedy. However, strategically channeling Spinoza and his philosophy more powerfully into Bloom renders him an ethically-politically Stoic hero, defiantly prophesizing a democratization of Joycean conjugation, from persecuting poly-subjugated Others to joyful self-conjugating in search of radical democracy and just peace. (shrink)

Victims of oppressive (e.g., sexist, racist or ableist) structures sometimes internalize the unjust norms that prevail in society. This can cause these victims to develop preferences or make deci-sions that seem bad for them. Focusing on such cases, we ask: is self-discrimination disrespectful? We show that some of the most sophisticated respect theories fail to provide any clear guidance. Specifically, we show that the widely recognized view that respect has two dimensions—an interest dimension and an autonomy dimension—delivers completely opposite verdicts (...) depending on how these two dimensions (and the relation between them) are specified. A main takeaway point is that we need to distinguish between at least four different respect-based views. Whether self-discrimination caused by internalized oppression is disrespectful depends on which view one supports. (shrink)

In the Consolation of Philosophy, Lady Philosophy leads Boethius through a series of obstacles that prevent him from finding happiness within his prison cell: the role that luck and misfortune play in our affairs, the false paths to happiness in comparison with the true journey, the problem of evil and the disproportion between people’s lives and eschatological deserts, and, finally, whether God’s providential order necessitates our outcomes or if we can choose freely to pursue the happy life. As the pair (...) discuss each problem, the same argumentative move and countermove play out. Boethius, forgetful of what he had learned from Philosophy long ago on account of his grief, blames the very nature of reality itself for each of the problems that beset him. He thinks that Fortune has taken from him all that is good and that God’s providence only extends to the non-human world. Philosophy, by contrast, argues in each case that the problem at hand is, in fact, no problem at all when we see reality rightly. In each case, Philosophy shows that it isn’t reality that’s to blame for the problem at hand but instead human ignorance’s misunderstanding of the true nature of reality. Boethius’s conversation with Philosophy showcases a puzzling feature of self-knowledge: on the one hand, too much attention to the world (e.g., fortune’s wiles) is the problem and self-inquiry (e.g., the nature of one’s desires) is the solution, but on the other hand, too much attention to one’s self (e.g., attention to passions and limitations) is the problem and turning toward recognizing the true structure of the world is the solution. Philosophy seems to indicate that both poles are true, and the task is to determine how best to clarify how. After showcasing the dialogue’s argumentative pattern, I argue that, in Boethius’s case, each of his problems, as well as his misery in general, are caused by his ignorance and self-deception. Boethius’s ignorance is, in this case, the more proximate cause of his misery, but underlying his ignorance is an act of self-deception that causes him to be ignorant in the first place. As Philosophy tells Boethius early on, he already knows what she plans to teach him (more accurately, of what she plans to remind him). Nevertheless, he has forgotten what he has known and, as a result, is more the architect of his own misery than is Fortune or any of the events that have befallen him. Wounded by grief, he has allowed his affective response to his misfortune to becloud his understanding. As Philosophy says, he is unhappy because he has “forgotten what he is.” He has forgotten himself precisely because of the way in which he has allowed his affective responses to rule in his soul. Hence, while the ultimate cure for Boethius’s misery will be a newly rediscovered knowledge that reality itself is providentially structured, Philosophy must begin by soothing Boethius’s passions and undoing the damage that they have wrought on his understanding of the world. Philosophy cannot turn Boethius’s intellect until she has first turned his passions (cf. Republic 518b-d), which, while still wrongly-turned and governing the soul, are liable to lead to tremendous intellectual mistakes precisely because they are blind to the true nature of reality (cf. Phaedrus 247c). I argue in conclusion that the Consolation is unified by the theme of self-deception as the primary cause of philosophical misery. Boethius is upset primarily because he has convinced himself that he is otherwise than he is and that reality is otherwise than it is rather than because of what has happened to him, contrary to his own view of things. Philosophy’s argumentative strategy suggests that self-deception can only be undone by attending to it as a problem besetting the whole soul, not just the intellectual part of the soul. We thus have good warrant for thinking that simply rational responses to ignorance will be fruitless when ignorance is caused by or accompanied by a moral failing. (shrink)

Rob Withagen has rendered the distinction between affordances and invitations more radical in two aspects: (i) affordances do not explain behavior anymore, invitations do; (ii) invitations do not boil down to affectively charged affordances, they also encompass affectively charged misperceptions. I argue that Withagen went too far. If we understand affordances as a relation between the abilities of an individual organism and its environment, then we already have sufficient resources to incorporate affectivity in the ecological approach. Affective states constitute perceptual (...) abilities and modulate their exercise, in that every perception of affordance is affectively charged. Affective states are crucial for guiding our attention to the possibilities of action relevant to the activities in which we are engaged and for providing a sense of the quality of our relationship with the environment. (shrink)

In this article, I argue that Kant’s Categorical Imperative applies to maxim tokens rather than to maxim types. The article has three main parts. In the first, I explain my thesis. In the second, I argue for it. In the third, I argue, further, that, if my thesis is correct, then tokens of different maxim types can have different deontic statuses for different agents.

Much ado – and increased complexity – is generally the case when it comes to checking formally the (intended) meaning of programs, as formal semantics for programs are typically extrinsic to both them and the formal grammars that generate the programming languages in which they are written. The van Wijngaarden grammars, on the contrary, have an intrinsic semantics in the sense that their rules contain or express the (intended) meaning of the terminal strings generated by them. This intrinsicness allows for (...) preservation of meaning both in syntactic change and context-sensitive conditions. In order better to show the intrinsicness of the semantics of the van Wijngaarden grammars I contrast them with the attribute grammars, a frequent choice when the semantic analysis of programming languages is called for (e.g., in compilation). (shrink)

In this article, I confront Jessica Flanigan’s recent attempt to show not merely that women have a right to commit prenatal injury, but also that women who act on this right are praiseworthy and should not be criticized for this injury. I show that Flanigan’s arguments do not work, and I establish presumptive grounds against any such right—namely, prenatal injury, by definition, involves intentional or negligent harm and, as such, may be subsumed under a wider class of actions that are (...) presumptively wrong. (shrink)

I show that conceptual philosophical anarchism, the claim that law cannot give reasons for action, is entailed by several popular theories about law. Reductionists about practical authority believe that all supposedly legitimate practical authority reduces to forms of theoretical authority. They tend to embrace anarchism, but some readers might not be clear why. Trigger theorists about reason-giving believe that all reason-giving merely activates pre-existing conditional reasons. Natural lawyers hold that all legal reasons are sourced in the natural law, which entails (...) that positive law cannot provide reasons for action. If you are attracted to any of these theories and still think that positive law creates new practical reasons, you might have to give up one or the other position. If anarchism is entailed by believing the normativity in law’s directives pre-dates the directive, only a few may be able to avoid it, Hans Kelsen, Mark Greenberg, and Joseph Raz being the most likely. (shrink)

This article, composed six months after the Oct. 7th Hamas operation “Al-Aqsa Flood,” in the shadow of Israel’s retaliatory genocide, was catalyzed by a viral social media video with alternating clips of Palestinian and Native American people dancing in defiant resistance to ongoing white settler colonial ethnic cleansing and genocide, in loving embrace of their own Indigenous ways of being. After an introductory setting of the stage for this video, the first section rehearses the two historical chapters of dance scholar (...) Jacqueline Shea Murphy’s The People Have Always Danced, emphasizing the paradoxical late nineteenth-century campaigns (1) criminalizing Indigenous American dances, and (2) appropriating these dances and dancers for non-Indigenous audiences. The second section then pivots to Australian choreographer Nicholas Rowe’s Raising Dust: A Cultural History of Dance in Palestine, emphasizing the appropriation of a traditional shepherd dance (Dabke) into the Zionist project of fabricating an orientalist tradition to justify their colonization. Finally, the concluding section spotlights Palestine’s Birzeit University and the El-Funoun folkdance troupe as exemplars, captured in the Palestinian hip hop song’s neologism “Palest-Indians,” of loving Indigenous death-defying dance resistance. (shrink)