Dewey’s book is the first systematic attempt at a pragmatistic logic (since the work of Peirce). Because of the ambiguity of the concept of pragmatism, the author rejects the concept in general. But, if one interprets pragmatism correctly, then this book is ‘through and through Pragmatistic’. What he understands as ‘correct’ will become clear in the following account. The book takes its subject matter far beyond the traditional works on logic. It is a material logic first in the sense that (...) the matter of logic (the ‘objects’, that with which logical thought has to do) is thoroughly included in the cycle of investigation, and logical ‘forms’ are discussed only in their constitutional connection with this .. (shrink)

Spinoza’s geometrical approach to his masterwork, the Ethics, can be represented by a digraph, a mathematical object whose properties have been extensively studied. The paper describes a project that developed a series of computer programs to analyze the Ethics as a digraph. The paper presents a statistical analysis of the distribution of the elements of the Ethics. It applies a network statistic, betweenness, to analyze the relative importance to Spinoza’s argument of the individual propositions. The paper finds that a small (...) percentage of the propositions greatly exceed the majority in this importance. The paper then describes two logical structures that appear respectively in the Ethics and argues that they result in redundancy in the sense that about ten percent of the propositions could have been eliminated. The appendices list these structures and describes how the resources of the study can be made available to readers. (shrink)

Frankfurt Okulu'nun kurucu üyelerinden ve 20. yüzyıl eleştirel düşünce dünyasının köşe taşlarından biri olan Herbert Marcuse'nin 1969 yılında, bütün dünyanın halk ayaklanmalarıyla ve toplumsal hareketlerle çalkalandığı sıcak günlerde yayımlanan kitabı Özgürlük Üzerine Bir Deneme ele aldığı konuları ve tespitleriyle günümüzde de önemini koruyor. Bu kısa ama çarpıcı makale, Sol'un teorik ve pratik yeniden inşası ve eleştirel düşüncenin doğru mecralarda ilerleyişinin sağlanması açısından mutlaka okunması ve derinlemesine irdelenip tartışılması gereken eserlerin başında gelir. İleri endüstri toplumuyla rekabete giren sosyalist blok, bu (...) rekabetin bir sonucu olarak, kendi hedeflerinden saparak rekabet ettiği sistemin değerlerinin egemen olduğu bir sisteme kaymıştır. Bu kayma, Marcuse'ye göre, geleneksel özgürlük anlayışını geçersiz kılmıştır. Artık, insanların gereksinimleri özgürce kendileri tarafından geliştirilmediği için, “herkesten yeteneğine göre, herkese gereksinimine göre” ilkesinin işe yaramayacağı bir aşamadayız. Öyle ki, kendilerinin özgürce geliştirdikleri gereksinimlere sahip olmadıkları sürece, üretim araçlarının işçiler tarafından sahiplenildiği durumda bile, toplum baskıcı bir toplum olabilir. Dolayısıyla, özgürlüğünün olanakları başka yerlerde aramak gerekir. Marcuse de, Özgürlük Üzerine Bir Deneme kitabında, bu yeni durum içerisinde özgürlüğün yeni olanaklarını aramaktadır. (shrink)

In this chapter, Ricardo Silvestre and Alan Herbert offer a reconstruction of the Gītā’s concept of God with a focus on the relationship between God and the world. They try to explain the claim that the Gītā is panentheistic. This is done with the help of some key notions of contemporary metaphysics (such as ontological dependence and fundamentality) along with the Indic notion of prakṛti, considered as a metaphysical primitive denoting the intimate relationship that exists between matter and conscious (...) living beings on the one hand, and God on the other. (shrink)

Less discussed than Hume’s skepticism about what grounds there could be for projecting empirical hypotheses is his concern with a skeptical regress that he thought threatened to extinguish any belief when we reflect that our reasoning is not perfect. The root of the problem is the fact that a reflection about our reasoning is itself a piece of reasoning. If each reflection is negative and undermining, does that not give us a diminution of our original belief to nothing? It requires (...) much attention to detail, we argue, to determine whether or not there is a skeptical problem in this neighborhood. Consider that if we subsequently doubt a doubt we had about our reasoning, that would suggest a restoration of some of the force of our original belief. We would then have instead of runaway skepticism an alternating sequence of pieces of skeptical reasoning that cancel each others’ effects on our justification in the original proposition, at least to some degree. We will argue that the outcome of the sequence of reflections Hume is imagining depends on information about a given case that is not known a priori. We conclude this from the fact that under three precise, explanatory, and viable contemporary reconstructions of what this kind of reasoning about reasoning could be like and how it has the potential to affect our original beliefs, a belief-extinguishing regress is not automatic or necessary. (shrink)

This brief paper provides documentation to a computer program for analysis of Spinoza's Ethics. The program explodes an entity in the Ethics either (1) forward to the tree of all propositions that depend upon the entity or (2) backwards to the tree terminating at the axioms, definitions, lemmas or propositions on which the proof of the entity depend. The paper gives instructions to download and implement the program in Windows.

This book analyses the concepts of God in Vaisnavism, which is commonly referred to as one of the great Hindu monotheistic traditions. Addressing the question of what attributes God possesses according to particular textual sources and traditions in Vaisnavism, the book analyses Vaisnava traditions and texts in order to locate them within a global philosophical framework. The book is divided into two sections. The first one, God in Vaisnava Texts, deals with concepts of God found in the canonical Vaisnava texts: (...) the Bhavagad Gita, the Bhagavata Purana, the Pancaratras, and the Mahabharata. The second section, God in Vaisnava Traditions, addresses concepts of God found in several Vaisnava traditions and their respective key theologians. As well as the Alvars, five traditional Vaisnava schools- the Sri Vaisnava tradition, the Madhva tradition, the Nimbarka tradition, the Pustimarga tradition, and the Caitanya Vaisnava tradition- and two contemporary ones Ramakrishna's and Swami Bhaktivedanta's are considered. The book combines normative, critical and descriptive elements. Some chapters are philosophical in nature, others are more descriptive, unpacking a specific Vaiṣṇava concept of God for future philosophical analysis and critique. Written by experts who break new ground in presenting and representing a diversity of Vaiṣṇava texts and tradition, the book presents approaches that reflect the amount of philosophical and historical deliberation on the specific issues and divine attributes considered. This book will be of interest to researchers in the fields of philosophy of religion and Indian philosophy, cross-cultural and comparative philosophy, analytic philosophy of religion, Hindu studies, theology and religious studies. (shrink)

Christopher Hookway has been influential in promoting engagement with pragmatist and naturalist perspectives from classical and contemporary American philosophy. This book reflects on Hookway’s work on the American philosophical tradition and its significance for contemporary discussions of the understanding of mind, meaning, knowledge, and value. -/- Hookway’s original and extensive studies of Charles S. Peirce have made him among the most admired and frequently referenced of Peirce’s interpreters. His work on classical American pragmatism has explored the philosophies of William James, (...) John Dewey, and Josiah Royce, and examined the influence of pragmatist ideas outside of the United States. Additionally, Hookway has participated in a number of celebrated exchanges with some of the most high-profile figures of twentieth- and twenty-first-century philosophy, including Karl-Otto Apel, Philip Pettit, Hilary Putnam, and W.V.O. Quine, through which his treatments of a large range of topics in epistemology and the philosophies of mind and language have been developed and promoted. The chapters in this book—which include contributions from several of Hookway’s former students and colleagues—include studies of Hookway’s engagement with the works of Peirce, James, and Dewey, his contributions to virtue epistemology, and his discussions of hope and pragmatist metaphysics. -/- Pragmatic Reason will be of interest to researchers and advanced students working on American philosophy, the history of analytic philosophy, and epistemology. (shrink)

Critics of the computational connectionism of the last decade suggest that it shares undesirable features with earlier empiricist or associationist approaches, and with behaviourist theories of learning. To assess the accuracy of this charge the works of earlier writers are examined for the presence of such features, and brief accounts of those found are given for Herbert Spencer, William James and the learning theorists Thorndike, Pavlov and Hull. The idea that cognition depends on associative connections among large networks of (...) neurons is indeed one with precedents, although the implications of this for psychological issues have been interpreted variously — not all versions of connectionism are alike. (shrink)

In recent metaethics, moral realists have advanced a companions-in-guilt argument against moral nihilism. Proponents of this argument hold that the conclusion that there are no categorical normative reasons implies that there are no epistemic reasons. However, if there are no epistemic reasons, there are no epistemic reasons to believe nihilism. Therefore, nihilism is false or no one has epistemic reasons to believe it. While this argument is normally presented as a reply to Mackie, who introduced the term “companions-in-guilt” in his (...) Ethics: Inventing Right and Wrong of 1977, Herbert J. Phillips presented a form of this argument in Ethics in 1940. In this paper, I will discuss Phillips’ version of the companions-in-guilt argument, demonstrate how recent epistemology bears out an important premise of the argument, and compare Phillips’ argument to Derek Parfit’s recent work. (shrink)

Scholars are grateful to Cyril Lionel Robert James (1901-1989) and Herbert Aptheker (1915-2003) for their pioneering work in the field of slave revolts. What they've virtually never mentioned, however, let alone explored, was Aptheker’s practice of rendering James invisible. It is highly improbable that Aptheker did not know either of James or of his noteworthy study of the Haitian Revolution, given that the latter was related to the slave revolts that Aptheker did study. Aptheker’s neglect of James was not (...) an anomaly, but rather symptomatic of an ideology that rationalized extreme oppression. (shrink)

Marcuse argued that U.S.-led globalized capitalism represented the irrational perfection of waste and the degradation of the earth, resurgent sexism, racism, bigoted nationalism, and warlike patriotism. Inspired by the revolutionary legacy of Herbert Marcuse’s social and political philosophy, this volume appeals to the energies of those engaged in a wide range of contemporary social justice struggles: ecosocialism, antiracism, the women’s movement, LGBTQ rights, and antiwar forces. The intensification of these regressive political tendencies today must be countered, and this can (...) be best accomplished through radical collaboration around an agenda recognizing the basic economic and political needs of diverse subaltern communities. Marcuse's Great Refusal is elaborated as a collective project of system negation that is becoming a new general interest. (shrink)

This is a review of the first volume of Herbert Marcuse's collected works. Highlights include correspondence with Heidegger, who refuses to repudiate the Nazis.

Depuis Gintis est un économiste senior et j’ai lu certains de ses livres précédents avec intérêt, je m’attendais à un peu plus de perspicacité dans le comportement. Malheureusement, il fait les mains mortes de la sélection de groupe et la phénoménologie dans les pièces maîtresses de ses théories du comportement, et cela invalide en grande partie le travail. Pire encore, puisqu’il montre un si mauvais jugement ici, il remet en question tout son travail précédent. La tentative de ressusciter la sélection (...) de groupe par ses amis à Harvard, Nowak et Wilson, il y a quelques années, c’était l’un des principaux scandales en biologie au cours de la dernière décennie, et j’ai raconté la triste histoire dans mon article 'Altruism, Jesus and the End of the World-how the Templeton Foundation bought a Harvard Professorship and attacked Evolution, Rationality and Civilization -- A review of E.O. Wilson 'The Social Conquest of Earth' (2012) et Nowak and Highfield 'SuperCooperators' (2012).' Contrairement à Nowak, Gintis ne semble pas être motivé par le fanatisme religieux, mais par le fort désir de générer une alternative aux sombres réalités de la nature humaine, facilitée par le manque (quasi universel) de compréhension de la biologie humaine fondamentale et le slateisme vierge des scientifiques comportementaux, d’autres universitaires et du grand public. Gintis attaque à juste titre (comme il l’a fait à maintes reprises) les économistes, les sociologues et d’autres scientifiques du comportement pour ne pas avoir un cadre cohérent pour décrire le comportement. Bien sûr, le cadre nécessaire pour comprendre le comportement est évolutif. Malheureusement, il ne parvient pas à en fournir un lui-même (selon ses nombreux critiques et je suis d’accord), et la tentative de greffer le cadavre pourri de la sélection de groupe sur toutes les théories économiques et psychologiques qu’il a généré dans ses décennies de travail, n’a fait qu’invalider tout son projet. Bien que Gintis fasse un vaillant effort pour comprendre et expliquer la génétique, comme Wilson et Nowak, il est loin d’être un expert, et comme eux, le calcul l’aveugle juste aux impossibilités biologiques et bien sûr c’est la norme en science. Comme Wittgenstein l’a noté sur la première page de la culture et de la valeur « Il n’y a pas de dénomination religieuse dans laquelle l’utilisation abusive des expressions métaphysiques a été responsable de tant de péchés qu’il l’a en mathématiques. » Il a toujours été clair que un gène qui provoque un comportement qui diminue sa propre fréquence ne peut pas persister, mais c’est le cœur de la notion de sélection de groupe. En outre, il a été bien connu et souvent démontré que la sélection de groupe réduit juste à la condition physique inclusive (sélection de parents), qui, comme Dawkins l’a noté, est juste un autre nom pour l’évolution par sélection naturelle. Comme Wilson, Gintis a travaillé dans cette arène pendant environ 50 ans et n’a toujours pas compris, mais après le scandale a éclaté, il ne m’a fallu que 3 jours pour trouver, lire et comprendre le travail professionnel le plus pertinent, comme détaillé dans mon article. Il est ahurissant de se rendre compte que Gintis et Wilson n’ont pas été en mesure d’y parvenir en près d’un demi-siècle. Je discute des erreurs de sélection de groupe et de phénoménologie qui sont la norme dans le milieu universitaire comme des cas spéciaux de l’échec quasi universel de comprendre la nature humaine qui détruisent l’Amérique et le monde. Ceux qui souhaitent un cadre complet à jour pour le comportement humain de la vue moderne de deux systemes peuvent consulter mon livre 'The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle' 2nd ed (2019). Ceux qui s’intéressent à plus de mes écrits peuvent voir «Talking Monkeys --Philosophie, Psychologie, Science, Religion et Politique sur une planète condamnée --Articles et revues 2006-2019 3e ed (2019) et Suicidal Utopian Delusions in the 21st Century 4th ed (2020) et autres. (shrink)

Corcoran’s 27 entries in the 1999 second edition of Robert Audi’s Cambridge Dictionary of Philosophy [Cambridge: Cambridge UP]. -/- ancestral, axiomatic method, borderline case, categoricity, Church (Alonzo), conditional, convention T, converse (outer and inner), corresponding conditional, degenerate case, domain, De Morgan, ellipsis, laws of thought, limiting case, logical form, logical subject, material adequacy, mathematical analysis, omega, proof by recursion, recursive function theory, scheme, scope, Tarski (Alfred), tautology, universe of discourse. -/- The entire work is available online free at more than (...) one website. Paste the whole URL. http://archive.org/stream/RobertiAudi_The.Cambridge.Dictionary.of.Philosophy/Robert.Audi_The.Cambrid ge.Dictionary.of.Philosophy -/- The 2015 third edition will be available soon. Before you think of buying it read some reviews on Amazon and read reviews of its competition: For example, my review of the 2008 Oxford Companion to Philosophy, History and Philosophy of Logic,29:3,291-292. URL: http://dx.doi.org/10.1080/01445340701300429 -/- Some of the entries have already been found to be flawed. For example, Tarski’s expression ‘materially adequate’ was misinterpreted in at least one article and it was misused in another where ‘materially correct’ should have been used. The discussion provides an opportunity to bring more flaws to light. -/- Acknowledgements: Each of these entries was presented at meetings of The Buffalo Logic Dictionary Project sponsored by The Buffalo Logic Colloquium. The members of the colloquium read drafts before the meetings and were generous with corrections, objections, and suggestions. Usually one 90-minute meeting was devoted to one entry although in some cases, for example, “axiomatic method”, took more than one meeting. Moreover, about half of the entries are rewrites of similarly named entries in the 1995 first edition. Besides the help received from people in Buffalo, help from elsewhere was received by email. We gratefully acknowledge the following: José Miguel Sagüillo, John Zeis, Stewart Shapiro, Davis Plache, Joseph Ernst, Richard Hull, Concha Martinez, Laura Arcila, James Gasser, Barry Smith, Randall Dipert, Stanley Ziewacz, Gerald Rising, Leonard Jacuzzo, George Boger, William Demopolous, David Hitchcock, John Dawson, Daniel Halpern, William Lawvere, John Kearns, Ky Herreid, Nicolas Goodman, William Parry, Charles Lambros, Harvey Friedman, George Weaver, Hughes Leblanc, James Munz, Herbert Bohnert, Robert Tragesser, David Levin, Sriram Nambiar, and others. -/- . (shrink)

Theodor W. Adorno inspired much of Germany’s 1960s student movement, but he came increasingly into conflict with this movement about the practical implications of his critical theory. Others – including his friend and colleague Herbert Marcuse – also accused Adorno of a quietism that is politically objectionable and in contradiction with his own theory. In this article, I recon- struct, and partially defend, Adorno’s views on theory and (political) praxis in Germany’s 1960s in 11 theses. His often attacked and (...) maligned stance during the 1960s is based on his analysis of these historical circumstances. Put provocatively, his stance consists in the view that people in the 1960s have tried to change the world, in various ways; the point – at that time – was to interpret it. (shrink)

I introduce and examine an argument presented by American anthropologist Herbert S. Lewis against thinking that British anthropology played a significant role in supporting colonialist projects: the British empire was large and centuries old, so it seems very unlikely that two dozen anthropologists late on made much difference.

The deceptive strangeness of prescience in Dune is typical of Herbert's ideas. The ancient Babylonians were able to systematically predict astronomical events, but contemporary astrophysicists can forecast distant events beyond the Babylonians’ wildest dreams. Herbert describes the prescience of characters like Paul as a hyperawareness of possibilities and probabilities given certain choices, rather than being able to examine a fixed future. Common sense suggests that prescience should help us live together better. The Prisoner's Dilemma can be interpreted in (...) different ways, but the basic logic is always the same. The Prisoner's Dilemma is an imaginary interaction between “prisoners,” but it actually might make more sense with prescient characters from the Duniverse. Stuart Hampshire argued that self‐knowledge tends to have the opposite effect – that it makes us freer. Prescience is a vastly expanded understanding of possible and probable consequences given information and choices, not the observation of a fixed future. (shrink)

Avicenna's proof for the existence of God (the Necessary Existent) in the Metaphysics of the Salvation relies on the claim that every possible existent shares a common cause. I argue that Avicenna has good reason to hold this claim given that he thinks that (1) every essentially ordered causal series originates in a first, common cause and that (2) every possible existent belongs to an essentially ordered series. Showing Avicenna's commitment to 1 and 2 allows me to respond to (...) class='Hi'>Herbert Davidson's and Richard Swinburne's claim that Avicenna's proof for the Necessary Existent is incomplete and fallacious -/- . (shrink)

Abstract: According to Marcuse, esthetics is an essential component to the process of freedom of consciousness and behavior of individuals. It is, in Hegelian language, to free the absolute spirit. In this sense, art configures itself as fantasy, which makes the “apparent” reveal the essence of things. Essence here is understood not as a metaphysical field, but as an unveiling of questions, within a false truth of the (establishment), in the totality of relationships. In dialectical terms, art manifests itself in (...) the face of internal and external contradictions, seeking the opposition to the representation of the aesthetic form. Marcuse refutes the conceptions of some “orthodox Marxist aesthetes”, making, therefore, the defense in relation to the art when recognizing that it transcends the material relations. He still considers the literary currents of romanticism and surrealism fundamental to awaken critical consciousness, and that the autonomy of art (independence, freedom, and fantasy), integrate the categorical imperative that “things must change” against the realism of the Marxist aesthetes. In this sense, we intend to expose Marcuse’s critical to the Marxist esthetes in order to understand the critical function of art for the liberation struggle. Keywords: Aesthetics. Orthodoxy. Critic. (shrink)

I revisit my paper, ‘Grace de Laguna’s 1909 Critique of Analytic Philosophy’ and respond to the commentary on it. I respond to James Chase and Jack Reynolds by further analysing the difference between speculative philosophy as de Laguna conceived of it and analytic philosophy, by clarifying how her critique of analytic philosophy remains relevant to some of its more speculative forms, and by explaining what justifies the criticism of established opinion that goes along with her rejection of analytic philosophy’s epistemic (...) conservatism. In response to Andreas Vrahimis, I contextualise my reading of de Laguna’s work in 1909. This clarifies her critique of pragmatism, distinguishes it from her critique of epistemically conservative philosophy, and shows that she was not only already aware of the full scope of the latter critique but is likely to have identified the then incipient analytic philosophy as its primary target. Also, contra Vrahimis, her argument is effective against Bertrand Russell’s later, epistemically conservative approach to philosophy. In response to Cheryl Misak, I point out that her argument that de Laguna is, despite herself, a pragmatist rests on a misunderstanding of the differences between pragmatism and idealism, and I show that de Laguna’s main early influences were Herbert Spencer and her teacher, James Edwin Creighton. I further argue that Misak’s rejection of de Laguna’s critique of pragmatism rests on a misrepresentation of the critique. (shrink)

Reading Marcuse's One Dimensional Man - Irfan Ajvazi.

In this paper I will examine the infinite regress arguments pertaining to the unreality of relations that are presented in Francis Herbert Bradley’s paper, Appearance and Reality. Then I will suggest two argumentative strategies one can take to undermine Bradley’s regress argument. The first option concerns plainly rejecting the regress by stating that Bradley is viewing relations as kinds of objects that are in need of being related, whereas the second option is in regards to adopting an existential-dependence view (...) between objects and their properties to refute the need for relations. I will conclude this paper by comparing these two strategies against each other, alluding to each of their ramifications. (shrink)

The article examines the impact of the study for Levittown of urban sociologist Herbert Gans on Denise Scott Brown’s thought. It scrutinizes Denise Scott Brown, Robert Venturi, and Steven Izenour’s ‘Remedial Housing for Architects or Learning from Levittown’ conducted in collaboration with their students at Yale University in 1970. Taking as its starting point Scott Brown’s endeavour to redefine functionalism in ‘Architecture as Patterns and Systems: Learning from Planning’, and ‘The Redefinition of Functionalism’, which were included in Architecture as (...) Signs and Systems: For a Mannerist Time (2004), the article sheds light on the fact that the intention to shape a new way of conceiving functionalism was already present in Learning from Las Vegas, where Robert Venturi, Denise Scott Brown and Steven Izenour suggested an understanding of Las Vegas as pattern of activities. Particular emphasis is placed on Scott Brown’s understanding of ‘active socioplastics’, and on the impact of advocacy planning and urban sociology on her approach. At the core of the reflections developed in this article is the concept of ‘urban village’ that Gans uses in US in The Urban Villagers: Group and Class in the Life of Italian-Americans (1972) to shed light on the socio-anthropological aspects of inhabiting urban fabric. (shrink)

What does it look like when a group of scientists set out to re-envision an entire field of biology in symbolic and formal terms? I analyze the founding and articulation of Numerical Taxonomy between 1950 and 1970, the period when it set out a radical new approach to classification and founded a tradition of mathematics in systematic biology. I argue that introducing mathematics in a comprehensive way also requires re-organizing the daily work of scientists in the field. Numerical taxonomists sought (...) to establish a mathematical method for classification that was universal to every type of organism, and I argue this intrinsically implicated them in a qualitative re-organization of the work of all systematists. I also discuss how Numerical Taxonomy’s re-organization of practice became entrenched across systematic biology even as opposing schools produced their own competing mathematical methods. In this way, the structure of the work process became more fundamental than the methodological theories that motivated it. (shrink)

A reasoned argument or tarka is essential for a wholesome vāda that aims at establishing the truth. A strong tarka constitutes of a number of elements including an anumāna based on a valid hetu. Several scholars, such as Dharmakīrti, Vasubandhu and Dignāga, have worked on theories for the establishment of a valid hetu to distinguish it from an invalid one. This paper aims to interpret Dignāga’s hetu-cakra, called the wheel of grounds, from a modern philosophical perspective by deconstructing it into (...) a simple probabilistic mathematical model. The objective is to understand how and why a vāda based on a probabilistically weaker hetu can degrade into a Jalpa or vitaṇḍā. To do so, the paper maps the concept of ‘Bounded Rationality’ onto the hetu-cakra. Bounded Rationality, an idea coined by the management thinker Herbert Simon, is often employed in understanding decision-making processes of rational agents. In the context of this paper, the concept would state that the prativādin and ālocaka (debater) may not hold unbounded information to back their pratijñā (proposition). The paper argues that within the probabilistically deconstructed hetu-cakra model, most people argue in the ‘Zone of Bounded Rationality’, and thus, the probability of a debate degrading into Jalpa or vitaṇḍā is high. -/- . (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)

In an attempt to resolve the problem or the marriage between law and morality, Dr. John Ezenwankwor publishes this book, Law and Morality: An Appraisal of Hart's Concept of Law. In it, he delves into a critical analysis of the works of a British legal philosopher, Herbert Lionel Adolphus Hart (1907-1992), who made landmark contributions to the moral and legal questions surrounding human actions or conducts. Incidentally, he surpasses his master, Hart, in this book, by correcting his mistaken and (...) poor consideration of the influence of morality in holding the society together and his dismissal of legal enforcement of morality. (shrink)

Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open up (...) a more liberal, and also somehow less parochial and ideological, road for legal theory. This is – it is argued in the paper – the programme, or better, the promise we can find in Herbert Hart’s main work, The Concept of Law. The article tries to render this promise more transparent while, nonetheless, not eschewing the blind sides of its narrative and argumentative strategy. (shrink)

My dissertation explores the ways in which Rudolf Carnap sought to make philosophy scientific by further developing recent interpretive efforts to explain Carnap’s mature philosophical work as a form of engineering. It does this by looking in detail at his philosophical practice in his most sustained mature project, his work on pure and applied inductive logic. I, first, specify the sort of engineering Carnap is engaged in as involving an engineering design problem and then draw out the complications of design (...) problems from current work in history of engineering and technology studies. I then model Carnap’s practice based on those lessons and uncover ways in which Carnap’s technical work in inductive logic takes some of these lessons on board. This shows ways in which Carnap’s philosophical project subtly changes right through his late work on induction, providing an important corrective to interpretations that ignore the work on inductive logic. Specifically, I show that paying attention to the historical details of Carnap’s attempt to apply his work in inductive logic to decision theory and theoretical statistics in the 1950s and 1960s helps us understand how Carnap develops and rearticulates the philosophical point of the practical/theoretical distinction in his late work, offering thus a new interpretation of Carnap’s technical work within the broader context of philosophy of science and analytical philosophy in general. (shrink)

This chapter argues that Simon anticipated what has emerged as the consensus view about human cognition: embodied functionalism. According to embodied functionalism, cognitive processes appear at a distinctively cognitive level; types of cognitive processes (such as proving a theorem) are not identical to kinds of neural processes, because the former can take various physical forms in various individual thinkers. Nevertheless, the distinctive characteristics of such processes — their causal structures — are determined by fine-grained properties shared by various, often especially (...) bodily related, physical processes that realize them. Simon’s apparently anti-embodiment views are surveyed and are shown to be consistent with his many claims that lend themselves to an embodied interpretation and that, to a significant extent, helped to lay the groundwork for an embodied cognitive science. (shrink)

In “Belief in the Face of Controversy,” Hilary Kornblith argues for a radical form of epistemic modesty: given that there has been no demonstrable cumulativeprogress in the history of philosophy – as there has been in formal logic, math, and science – Kornblith concludes that philosophers do not have the epistemic credibility to be trusted as authorities on the questions they attempt to answer. After reconstructing Kornblith's position, I will suggest that it requires us to adopt a different conception of (...) philosophy's epistemic value. First, I will argue that ‘progress’ has a different meaning in logic, science and philosophy, and that to judge one of these disciplines by the standards appropriate to one of the others obscures the unique epistemic functions of all. Second, I will argue that philosophy is epistemically unique in that it is a non-relativistic but historically determined excavation of foundations. Finally, drawing on Frank Herbert's Dune, I will suggest that Kornblith leaves us with a choice between two epistemic ideals: the hyper-logical ‘Mentat,’ or the historically informed ‘pre-born.’. (shrink)

David Bohm, in his "causal theory", made the correct Hegelian synthesis of Einstein's thesis that there is a "there" there, and Bohr's antithesis of "thinglessness" (Nick Herbert’s term). Einstein was a materialist and Bohr was an idealist. Bohm showed that quantum reality has both. This is “physical dualism” (my term). Physical dualism may be a low energy approximation to a deeper monism of cosmic consciousness called "the super-implicate order" (Bohm and Hiley’s term), “pregeometry” (Wheeler’s term), “substratum” (Dirac’s term), “funda-MENTAL (...) space” (Hameroff’s term), “Chi” (Chinese medicine & Falun Gong) etc., but for our immediate pragmatic purpose of constructing naturally conscious nano-computers and of virtually reverse engineering alleged reports of propellantless UFO propulsion (French Intelligence Report, 1999 [email protected] Vol. 5, No. 11, Part 1 -- August 1, 1999 & NIDS report "Best UFO Cases - Europe", I. Von Ludwiger) to the stars and beyond, physical dualism will work. (shrink)

The philosophy of information (PI) is a new area of research with its own field of investigation and methodology. This article, based on the Herbert A. Simon Lecture of Computing and Philosophy I gave at Carnegie Mellon University in 2001, analyses the eighteen principal open problems in PI. Section 1 introduces the analysis by outlining Herbert Simon's approach to PI. Section 2 discusses some methodological considerations about what counts as a good philosophical problem. The discussion centers on Hilbert's (...) famous analysis of the central problems in mathematics. The rest of the article is devoted to the eighteen problems. These are organized into five sections: problems in the analysis of the concept of information, in semantics, in the study of intelligence, in the relation between information and nature, and in the investigation of values. (shrink)

Moritz Schlick, Rudolf Carnap and Herbert Feig are the most prominent of the positivists to formulate views on the mind-body problem (aside from Hempel’s one-off treatment in 1935). While their views differed from each other and changed over time they were all committed to some form of scientific physicalism, though a linguistic or conceptual rather than ontological form of it. In focus here are their views during the heyday of logical positivism and its immediate aftermath, though some initial scene-setting (...) of Schlick’s and Carnap’s pre-positivist views will help to understand the final opposing positions of Carnap and Feigl. (shrink)

A computer can come to understand natural language the same way Helen Keller did: by using “syntactic semantics”—a theory of how syntax can suffice for semantics, i.e., how semantics for natural language can be provided by means of computational symbol manipulation. This essay considers real-life approximations of Chinese Rooms, focusing on Helen Keller’s experiences growing up deaf and blind, locked in a sort of Chinese Room yet learning how to communicate with the outside world. Using the SNePS computational knowledge-representation system, (...) the essay analyzes Keller’s belief that learning that “everything has a name” was the key to her success, enabling her to “partition” her mental concepts into mental representations of: words, objects, and the naming relations between them. It next looks at Herbert Terrace’s theory of naming, which is akin to Keller’s, and which only humans are supposed to be capable of. The essay suggests that computers at least, and perhaps non-human primates, are also capable of this kind of naming. (shrink)

In the 1960s, before the promulgation of Humanae Vitae, the Catholic philosophers Elizabeth Anscombe and Herbert McCabe OP debated whether there are convincing natural law arguments for the claim that contraception violates an exceptionless moral norm. This article revisits those arguments and critiques McCabe’s approach to natural law, concerned primarily with ‘social sin’ and not simply violations of ‘right reason,’ as one particularly ill-suited to addressing questions in sexual ethics and unable both to distinguish properly between certain forms of (...) sexual wrongdoing and more obviously social sins such as theft, and also to distinguish between ‘natural’ and ‘unnatural’ sexual acts. Anscombe’s views, I argue, are closer to those of Thomas Aquinas and provide reasons for making the distinctions McCabe does not. An argument concerning the nature of the institution of marriage and the effects of non-marital acts on that institution is proposed as a way of strengthening Anscombe’s argument that contraception violates an exceptionless moral norm. (shrink)

This article explores the social value of privacy and the intricate relationship between personal autonomy and societal cohesion within the realm of privacy. It contrasts George Herbert Mead’s two models of social organization—hostility and integration—in terms of their impact on the interplay between individuals and society. The model of hostility envisions individuals and society engaged in a zero-sum game, resulting in diminished individuality and an atomistic view of autonomy. In contrast, the model of integration recognizes the interdependence of entities, (...) fostering individuality and promoting a relational understanding of autonomy. Applying these models to privacy theory, the article argues that privacy has often been conceived in terms of hostility, pitting individuals against society. Instead, the article advocates for embracing the model of integration, in which privacy is seen as fundamental to a society where individuals maintain their uniqueness while pursuing a common good. The right to privacy, rooted in this integrative model, allows individuals to preserve their distinct social selves while participating in joint social organization. Furthermore, understanding privacy through the lens of integration highlights the importance of the common good as a necessary condition for both individuality and autonomy. This relational perspective positions privacy as an essential aspect of a democratic and moral society, where diverse individuals mutually constitute themselves and the broader social fabric. By presenting this view, the article offers a fresh understanding of privacy's social value and its implications for societal organization, democracy, and morality. (shrink)

This paper critically reviews the arguments supporting rational genuine satisficing. The deconstructive effort unearths inherent problems with the position in both static and dynamic contexts. Many of these arguments build on Herbert Simon’s canonical arguments surrounding incommensurability and demandingness problems. Optimizing is re-constructed using the principles of instrumental satisficing to answer these charges. The resulting conception is both obviously undemanding and a recognizable response to focused decision making.

Herbert Marcuse was one of the most influential political philosophers in the 20th century. After his death, his popularity started decreasing and the philosopher somewhat sank into oblivion. This dissertation intends to investigate the Marcusean contribution to the subject of technics, so imbricated on his political philosophy, and demonstrate that it deserves reappraisal. We shall analyse the theoretical context of Marcuse’s work and put opposing stances, both technophobe and technophile, up for debate. The intent is to not only present (...) the topics that organized this discussion back in its day, but also to set Marcuse apart from such hardline approaches. We shall then elucidate the Marcusean criticism of the capitalist technological system of advanced industrial societies and present the fundamental lines of its new historical project, supported by a qualitative change made possible by the ambivalence of technics. Since, in Marcuse’s view, technics configure the basis for the organisation of the status quo, and also the basis which might modify it if duly reoriented, the ambivalent character which the philosopher identifies in technics becomes the nuclear idea in his thesis; it is the very foundation upon which he builds his philosophy of technics. The marcusean thoughtshall then be exposed to critique: we shall examine the most relevant objections raised against it, but also its most fruitful ideas. Through the contributions of Gorz and, more specifically, of Feenberg, we intend to confirm the relevance of Marcuse’s thought in the context of the hodiern technological reality. (shrink)

J. David Lewis and Richard L. Smith provide a history of pragmatism and Chicago sociology based on the positions of realism and nominalism. This issue is indeed the key to understanding pragmatism’s foundations in Charles Peirce’s original formulation. Lewis and Smith claim that there are two pragmatisms, a realistic one characterized by Peirce and Mead and a nominalistic one (which Lewis and Smith claim has no value) illustrated by James and Dewey. They argue that Chicago sociology, including Herbert Blumer, (...) was under the influence of the nominalistic pragmatism, and that Mead exercised little influence during his lifetime. The argument is based on an ahistorical, a priori "metatheoretical" realism-nominalism distinction that claims to be based on Peirce's discussions of realism and nominalism. Yet the authors support their understanding of realism by appealing to Mead’s discussion of “contact experience,” and claim that Peirce’s realism must be based in non-symbolic “pure resistance.” Ironically, such a view represents the main tenet of nominalism, that only individual particulars are real, and amounts to a denial of Peirce’s category of Thirdness as reducible to the “pure resistance” of Secondness. Lewis and Smith attempt to correct the subjectivist tendencies of symbolic interactionism yet would problematically replace them with an equally subjective view of what constitutes objectivity: individual reaction with an object. American Sociology and Pragmatism tends to present a monistic universe hinging on a nominalistic interpretation of realism, a single-visioned view that places more emphasis on labels than on the substance and pragmatic import of a theorist's thoughts, resulting in serious distortions pro and con. Yet it also has opened up for serious questioning the whole foundations of symbolic interactionism and Mead's place within pragmatism and Chicago sociology. Though the authors claim to be "revisionists," it seems to me that they are also "fundamentalists" in safely preserving Mead at the center of a history they claim he did not significantly influence. In my opinion the ongoing controversy will result in a broader understanding of the antecedents of contemporary symbolic interactionism, one that will call for Mead's now dominating role as the sole representative of pragmatism for many American sociologists to be reevaluated and placed within the context of the quite substantial contributions of Peirce, James, and Dewey. (shrink)

Susanne K. Langer is best known as a philosopher of culture and student of Ernst Cassirer. In this chapter, however, I argue that this standard picture ignores her contributions to the development of analytic philosophy in the 1920s and 1930s. I reconstruct the reception of Langer’s first book *The Practice of Philosophy*—arguably the first sustained defense of analytic philosophy by an American philosopher—and describe how prominent European philosophers of science such as Moritz Schlick, Rudolf Carnap, and Herbert Feigl viewed (...) her as one of the most important allies in the United States. In the second half of this chapter, I turn to Langer’s best-selling *Philosophy in a New Key* and reconstruct her attempts to broaden the scope of the, by then, rapidly growing U.S. analytic movement. I argue that her book anticipated various developments in analytic philosophy but was largely ignored by her former colleagues. I end the chapter by offering some clues as to why New Key did not incite the same laudatory responses from analytic philosophers as her earlier work. (shrink)

Jürgen Habermas’s two-volume Theory of Communicative Action is at once an attempt to develop a socially-based theory of action as an alternative to the subjectivist and individualist underpinnings of much of social theory, a “two-level concept of society that connects the ‘lifeworld’ and ‘system’ paradigms,” a critical theory of modernity which retains the enlightenment ideal of rationally-grounded societies, and a theory of meaning rooted in a developmental logic of world­historical rationality. Habermas seeks to find a via media between totalitarian closure (...) and relativism, to show why the modernist project of a universal reason is still viable, and to propose a “public” discourse of rationally-grounded argumentative speech, or communicative action, as his answer. Despite the widespread attention Habermas’s work has received, and despite my sympathy for issues Habermas has raised, I show why his project is fundamentally flawed because of its uncritical assumption that only critical rationality can provide a legitimate standard for communicative reason: reasonableness is far more than that constricted view. These flaws become particularly evident in examining his analyses of myth, action, lifeworld, George Herbert Mead, and the “three spheres” of modernity. (shrink)

Disagreement is a pervasive feature of human discourse and a crucial force in shaping our social reality. From mundane squabbles about matters of taste to high-stakes disputes about law and public policy, the way we express and navigate disagreement plays a central role in both our personal and political lives. Legal discourse, in particular, is rife with disagreement - it is the very bread and butter of courtroom argument and legal scholarship alike. Consider a debate between two legal philosophers, Ronald (...) and Herbert, about the Eighth Amendment of the U.S. Constitution, which prohibits ‘cruel and unusual punishment’. Ronald asserts: ‘It is the law that capital punishment is prohibited’. In response, Herbert states: ‘It is not the law that capital punishment is prohibited’. We intuitively think Ronald and Herbert are disagreeing, which reveals in the fact that they are licensed to use ex¬pressions like no (it isn’t) and nuh-uh when responding to their opponent’s claim. But despite the ubiquity and significance of legal disagreement, its precise nature remains elusive. This chapter discusses what exactly is going on when two people disagree about what the law requires, and how can hybrid theory may answer this question. (shrink)

What does it mean to disagree with people with whom you usually agree? How should political actors concerned with emancipation approach internal disagreement? In short, how should we go about critiquing not our enemies or adversaries but those with whom we share emancipatory visions? I outline the notion of comradely critique as a solution to these questions. I go through a series of examples of how and when critique should differ depending on its addressee, drawing on Jodi Dean’s figure of (...) the comrade. I develop a contrast with its neighbours the ally and the partisan, thus identifying key elements of comradely critique: good faith, equal humanity, equal standing, solidarity, collaboration, common purpose and dispelling fatalism. I then analyse Theodor W. Adorno and Herbert Marcuse’s private correspondence on the 1960s German student movement as an illustration of (imperfect) comradely critique. I conclude by identifying a crucial tension about publicness and privateness. (shrink)

Conwy Lloyd Morgan developed an evolutionary philosophy of nature that was a point of departure and major influence on philosophers in the 1920s. He both influenced and was influenced by Alfred North Whitehead. Following Henri Bergson, Lloyd Morgan argued for a place for emergence to supplement Darwin’s thesis of continuity in evolution, developing Herbert Spencer’s thesis that evolution proceeds from the inorganic to the organic to the super-organic, associated with mind and society. In doing so, Lloyd Morgan offered an (...) event ontology and developed the notion of emergence within a monistic framework, giving a central place to “organisms”. While the notion of emergence was marginalized for several decades after the 1930s, it was revived towards the end of the Twentieth Century. While some process philosophers inspired by Whitehead defended panexperientialism in opposition to theories of emergence, recent process philosophers have embraced and further developed the theory of emergence, arguing process philosophy is required to make emergence intelligible. This has led to a new appreciation of the problem of emergence and the relationship between Lloyd Morgan and Whitehead. (shrink)