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)

There can be no doubt that discrimination based on sex, race, ethnicity, religion or beliefs should not be tolerated in academia. Surprisingly, however, in recent years, policies of Diversity, Inclusion and Equity(DIE), officially introduced to counteract discrimination, have increasingly led to quite the opposite result: the exclusion of individuals who do not share a radical 'woke' ideology on identity politics (feminism, other gender activisms, critical race theory, etc.), and to the suppression of the academic freedom to discuss such dogmas. This (...) subversion of academia ― disguised Trojan-horse style as universal human rights advocacy ― is unacceptable because academia must be politically neutral and protect freedom of speech, a cornerstone of professional scholarly activity without which universities as we know them will slowly but surely suffocate. -/- Our purpose here is to put together some particularly illustrative cases of such repression in a single book, testifying to a ubiquitous trend within western culture, irreducible to a few isolated complaints. The essays contained here illustrate the abuse of power, censorship and witch-hunts at many universities and research centres in the name of DIE. -/- List of coauthors in alphabetical order: Dorian Abbot, Tomonori Agoh, Gerhard Amendt, Ivar Arpi, David Benatar, Peter Boghossian, Civitas Research Team, David Díaz Pardo de Vera, Pedro Domingos, Janice Fiamengo, Étienne Forest, Jorge Gibert Galassi, Norman Goldstuck, José L. González Quirós, Lawrence M. Krauss, Patrick LaBelle, Martín López Corredoira, Heather Mac Donald, Martin Malmgren, Erik. J. Olsson, Jordan Peterson, Constantin Polychronakos, Philip C. Salzman, Alessandro Strumia, Tom Todd, Andrei Yafaev. (shrink)

I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

Recent literature on Christian nationalism by sociologists of religion in the United States identifies a perceived novel phenomenon: the fusion of authoritarian governmental forms with Christianity. However, the socio-historical origin of this international trend has been left relatively unexplored. Therefore, the goal of this chapter is to create a single international account that lends itself to future comparative theoretical frameworks and analyses through the term "Christofascism." -/- The chapter can also be accessed on google books at the link included in (...) the description. Finally, order the book on Routledge's website, also linked in the description. (shrink)

I argue for an account of grasping, or understanding that, on which we grasp via a higher‐order mental act of Husserlian fulfillment. Fulfillment is the act of matching up the objects of our phenomenally presentational experiences with those of our phenomenally representational thought. Grasping‐by‐fulfilling is importantly different from standard epistemic aims, in part because it is phenomenal rather than inferential. (I endorse Bourget's (2017) arguments to that effect.) I show that grasping‐by‐fulfilling cannot be a species of propositional knowledge or belief, (...) and that it is not essentially connected to justification. I motivate a revisionary epistemology on which achieving propositional knowledge and coming to grasp are dual epistemic aims. My account makes sense of a common occurrence—that we are often unmoved to act on our beliefs until we come to phenomenally experience them in some way. It also explains puzzling features of human inquiry. (shrink)

In this paper, we argue that there are reasons to believe that an implicit bias for normalcy influences what are considered medically necessary treatments in psychiatry. First, we outline two prima facie reasons to suspect that this is the case. A bias for ‘the normal’ is already documented in disability studies; it is reasonable to suspect that it affects psychiatry too, since psychiatric patients, like disabled people, are often perceived as ‘weird’ by others. Secondly, psychiatry's explicitly endorsed values of well-being (...) and function are hard to measure directly, which is why we see simpler box-ticking conceptions of recovery used in large research studies. This need not be problematic, but might lead to researchers and clinicians focusing too much on treatments that promote easy-to-measure proxies for recovery, instead of what actually matters to psychiatric patients themselves. Next, we provide examples of treatments and treatment decisions within two areas – self-injury and psychosis – which are hard to explain unless we assume that an implicit and harmful normalcy bias is at work. We conclude with some suggestions for clinicians and future research. (shrink)

This paper will be broken down into four sections. In §1, I try to assuage a worry that intellectual humility is not really an intellectual virtue. In §2, we will consider the two dominant accounts of intellectual humility in the philosophical literature—the low concern for status account the limitations-owing account—and I will argue that both accounts face serious worries. Then in §3, I will unpack my own view, the doxastic account of intellectual humility, as a viable alternative and potentially a (...) better starting place for thinking about this virtue. And I’ll conclude in §4 by trying to defend the doxastic account against some possible objections. (shrink)

The aim of this workshop was to ask potential end-users of the citizens’ information pack on legal and ethical issues around ICTs the following questions: What is your knowledge of the EU’s General Data Protection Regulation, and what actions have you taken in response to these regulations? What challenges are you experiencing in ensuring the protection and security of your project data, and compliance with the GDPR, within existing data management processes/systems? What information/tools/resources do you need to overcome these challenges? (...) What are the best formats/channels for receiving, sharing and acting upon this information? What is the most appropriate structure/format for the citizens’ information pack? (shrink)

Philosophers of science turned to historical case studies in part in response to Thomas Kuhn's insistence that such studies can transform the philosophy of science. In this issue Joseph Pitt argues that the power of case studies to instruct us about scientific methodology and epistemology depends on prior philosophical commitments, without which case studies are not philosophically useful. Here I reply to Pitt, demonstrating that case studies, properly deployed, illustrate styles of scientific work and modes of argumentation that are not (...) well handled by currently standard philosophical analyses. I illustrate these claims with exemplary findings from case studies dealing with exploratory experimentation and with interdisciplinary cooperation across sciences to yield multiple independent means of access to theoretical entities. The latter cases provide examples of ways that scientists support claims about theoretical entities that are not available in work performed within a single discipline. They also illustrate means of correcting systematic biases that stem from the commitments of each discipline taken separately. These findings illustrate the transformative power of case study methods, allow us to escape from the horns of Pitt's "dilemma of case studies," and vindicate some of the post-Kuhn uses to which case studies have been put. (shrink)

Imperatives cannot be true, but they can be obeyed or binding: `Surrender!' is obeyed if you surrender and is binding if you have a reason to surrender. A pure declarative argument — whose premisses and conclusion are declaratives — is valid exactly if, necessarily, its conclusion is true if the conjunction of its premisses is true; similarly, I suggest, a pure imperative argument — whose premisses and conclusion are imperatives — is obedience-valid (alternatively: bindingness-valid) exactly if, necessarily, its conclusion is (...) obeyed (alternatively: binding) if the conjunction of its premisses is. I argue that there are two kinds of bindingness, and that a vacillation between two corresponding variants of bindingness-validity largely explains conflicting intuitions concerning the validity of some pure imperative arguments. I prove that for each of those two variants of bindingness-validity there is an equivalent variant of obedience-validity. Finally, I address alternative accounts of pure imperative inference. (shrink)

Environmental health research produces scientific knowledge about environmental hazards crucial for public health and environmental justice movements that seek to prevent or reduce exposure to these hazards. The environment in environmental health research is conceptualized as the range of possible social, biological, chemical, and/or physical hazards or risks to human health, some of which merit study due to factors such as their probability and severity, the feasibility of their remediation, and injustice in their distribution. This paper explores the ethics of (...) identifying the relevant environment for environmental health research, as judgments involved in defining an environmental hazard or risk, judgments of that hazard or risk's probability, severity, and/ or injustice, as well as the feasibility of its remediation, all ought to appeal to non-epistemic as well as epistemic values. I illustrate by discussing the case of environmental lead, a housing-related hazard that remains unjustly distributed by race and class and is particularly dangerous to children. Examining a controversy in environmental health research ethics where researchers tested multiple levels of lead abatement in lead-contaminated households, I argue that the broader perspective on the ethics of environmental health research provided in the first part of this paper may have helped prevent this controversy. (shrink)

The aim of the study was to identify the organizational structure and its relation to the prevailing pattern of communication in the Palestinian universities. The researchers used the analytical descriptive method through a questionnaire randomly distributed among Palestinian university workers in the Gaza Strip. The study was conducted on a sample of (274) administrative staff from the three universities, and the response rate was (81.87%). The study found that there is a high satisfaction with the nature of the organizational structure (...) in the Palestinian universities from the point of view of the administrative staff, which reached 68.05%. And that there is a high level of communication pattern prevailing from the point of view of administrative staff, where the percentage (71.32%), there is a direct correlation between the nature of the organizational structure and the prevailing pattern of communication, the absence of differences between the sample according to the gender variable in their perception of the nature of the organizational structure and the prevailing pattern of communication, the absence of differences in the perception of employees of the nature of the organizational structure and the pattern of communication prevailing according to the variable age. There are differences of statistical significance in the perception of the nature of the organizational structure and the pattern of communication depending on the variable of scientific qualification in the organizational structure, and the pattern of communication. Differences were in favor of diploma holders compared to other practical qualifications. There is an absence of differences in the perception of employees of the nature of the organizational structure and the pattern of communication depending on the variable years of service. There is absence of differences in the perception of employees of the nature of the organizational structure and the pattern of communication depending on the variable level of career (Director, Head of Department, and Administrative Officer). There is absence of differences in the perception of employees of the nature of the organizational structure and the pattern of communication depending on the variable of the workplace. And the existence of differences in the perception of the employees of the nature of the organizational structure and pattern of communication depending on the university in which they work. And that there are statistically significant differences between the Islamic University and Al-Azhar University, the nature of the organizational structure and the pattern of communication in favor of the Islamic University. And that there are statistically significant differences between Al-Azhar University and Al-Aqsa University in the prevailing pattern of communication in favor of Al-Azhar University. The study reached a number of recommendations, the most important of which is that the departments of the Palestinian universities in the Gaza Strip in general, Al-Aqsa University and Al-Azhar Universities should be given greater attention to the prevailing organizational structure and the staff, the need to improve the pattern of communication prevalent in universities. Solving workers' problems and giving them the opportunity to contribute to solving their own problems. Strengthening the democratic leadership style and empowering university staff. (shrink)

In the United States, police use of force experts often maintain that controversial police shootings where an unarmed person’s hand gesture was interpreted as their “going for a gun” are justifiable. If an officer waits to confirm that a weapon is indeed being pulled from a jacket pocket or waistband, it may be too late to defend against a lethal attack. This article examines police policy norms for self-defense against “uncertain threats” in three contexts: (1) known in-progress violent crimes, (2) (...) interactions with civilians behaving non-aggressively, and (3) interactions with civilians behaving aggressively. It is argued that the context of a known in-progress violent crime gives rise to threat probability-, fairness-, and lesser evil-based reasons for a norm permitting police officers to use lethal force. However, in the contexts of civilians behaving non-aggressively and civilians behaving aggressively, such a norm is not justifiable. In the former case, I introduce two conditions, the Justification condition and the Valuing Civilian Lives condition, which I argue are not presently met. In the latter case, these two conditions again are not met; aggression may moreover be excused or justified due to background injustices around race and the criminal justice system. (shrink)

This paper argues for a conception of the natural rights of non-human animals grounded in Kant’s explanation of the foundation of human rights. The rights in question are rights that are in the first instance held against humanity collectively speaking—against our species conceived as an organized body capable of collective action. The argument proceeds by first developing a similar case for the right of every human individual who is in need of aid to get it, and then showing why the (...) situation of animals is similar. I first review some of the reasons why people are resistant to the idea that animals might have rights. I then explain Kant’s conception of natural rights. I challenge the idea that duties of aid and duties of kindness to animals fit the traditional category of “imperfect duties” and argue that they are instead cases of “imperfect right.” I explain how you can hold a right against a group, and why it is legitimate to conceive of humanity as such a group. I then argue that Kant’s account of the foundation of property rights is grounded in a conception of the common possession of the Earth that grounds a right to aid and the rights of animals to be treated in ways that are consistent with their good. Finally, I return to the objections to the idea that animals have rights and offer some responses to them. (shrink)

Moral and political forms of constructivism accord to people strong, “constitutive” forms of discursive standing and so build on, or express, a commitment to discursive respect. The paper explores dimensions of discursive respect, i.e., depth, scope, and purchase; it addresses tenuous interdependencies between them; on this basis, it identifies limitations of the idea of discursive respect and of constructivism. The task of locating discursive respect in the normative space defined by its three dimensions is partly, and importantly, an ethical task (...) that is beyond constructivism. Interdependencies between these dimensions call into question the possibility of a plausible and coherent form of discursive respect that is deep, inclusive in scope, and rich in purchase. This does not mean that we should reject discursive respect, or constructivism, for that matter. But it suggests that the task of reconciling the dimensions of discursive respect may not allow for widely shareable results. This task needs to be addressed on non-constructivist grounds. Accordingly, we have reasons to concede that constitutive forms of discursive standing are less fundamental in the order of justification than weaker, “derivative” forms, and this is so especially if we take constitutive standing to mark an important good. (shrink)

This paper discusses ethical issues surrounding Integrated Assessment Models (IAMs) of the economic effects of climate change, and how climate economists acting as policy advisors ought to represent the uncertain possibility of catastrophe. Some climate economists, especially Martin Weitzman, have argued for a precautionary approach where avoiding catastrophe should structure climate economists’ welfare analysis. This paper details ethical arguments that justify this approach, showing how Weitzman’s “fat tail” probabilities of climate catastrophe pose ethical problems for widely used IAMs. The main (...) claim is that economists who ignore or downplay catastrophic risks in their representations of uncertainty likely fall afoul of ethical constraints on scientists acting as policy advisors. Such scientists have duties to honestly articulate uncertainties and manage (some) inductive risks, or the risks of being wrong in different ways. (shrink)

We critique two popular philosophical definitions of intellectual humility: the “low concern for status” and the “limitations-owning.” accounts. Based upon our analysis, we offer an alternative working definition of intellectual humility: the virtue of accurately tracking what one could non-culpably take to be the positive epistemic status of one’s own beliefs. We regard this view of intellectual humility both as a virtuous mean between intellectual arrogance and diffidence and as having advantages over other recent conceptions of intellectual humility. After defending (...) this view, we sketch remaining questions and issues that may bear upon the psychological treatment of intellectual humility such as whether evidence will help determine how this construct relates to general social humility on the one hand, and intellectual traits such as open-mindedness, curiosity, and honesty on the other. (shrink)

Contemporary Western societies are obsessed with the “obesity epidemic,” dieting, and fitness. Fat people violate the Western conscience by violating a thinness norm. In virtue of violating the thinness norm, fat people suffer many varied consequences. Is their suffering morally permissible, or even obligatory? In this paper, I argue that the answer is no. I examine contemporary philosophical accounts of oppression and draw largely on the work of Sally Haslanger to generate a set of conditions sufficient for some phenomena to (...) count as oppression, and I illustrate the account’s value using the example of gender oppression. I then apply the account to fat people, examine empirical evidence, and argue that the suffering of fat people counts as oppression. (shrink)

How does microbiota research impact our understanding of biological individuality? We summarize the interdisciplinary summer school on "Microbiota, Symbiosis and Individuality: Conceptual and Philosophical Issues" (July 2019), which was supported by a European Research Council starting grant project "Immunity, DEvelopment, and the Microbiota" (IDEM). The summer school centered around interdisciplinary group work on four facets of microbiota research: holobionts, individuality, causation, and human health. The conceptual discussion of cutting-edge empirical research provided new insights into microbiota and highlights the value of (...) incorporating into meetings experts from other disciplines, such as philosophy and history of science. (shrink)

The paper advances a non-orthodox reading of political liberalism’s view of political legitimacy, the view of public political justification that comes with it, and the idea of the reasonable at the heart of these views. Political liberalism entails that full discursive standing should be accorded only to people who are reasonable in a substantive sense. As the paper argues, this renders political liberalism dogmatic and exclusivist at the level of arguments for or against normative theories of justice. Against that background, (...) the paper considers aspects of a more plausible, deeper and more inclusive idea of public political justification that builds on a thinner, potentially cosmopolitan idea of the reasonable. The paper considers what content such an idea may have, and identifies a method of inclusive abstraction through which it may be enriched in content to render it fruitful for the purposes of a justification of principles of political justice. But the move toward more depth and inclusiveness faces constructivism with two challenges. First, inclusivism about the scope of political justification might not be able to avoid dogmatism unless it invokes perfectionist considerations. And second, the authority and appeal of a fruitfully rich idea of the reasonable depends on whether the addressees of political justification already value wide acceptability. (shrink)

The purpose of this research is to identify the extent of the efficiency of the internal control environment in the Palestinian higher educational institutions in Gaza Strip from the perspective of employees in the Palestinian universities in Gaza Strip, where researchers used in the study five universities. The researchers adopted in their study the descriptive and analytical approach. The research community consists of administrative employees and academic employees with administrative duties. Senior management or the University Council was excluded. The study (...) population compromises of (392) employees. A stratified random sample was chosen and (197) questionnaires were distributed. (160) questionnaires were received back with a return rate of (81.2%).The researchers used a questionnaire to collect that which then was analyzed using (SPSS) to get the results. The research found the following results: the absence of a fundamental difference between the responses of males and females. The lack of significant difference between the responses of the respondents attributed to the variable age. The lack of significant difference between the responses of the respondents attributed to the variable of years of service. And the existence of a fundamental difference between the responses of the respondents attributed to the university variable. The existence of a fundamental difference between the responses of the respondents attributed to the Qualification variable. The existence of a fundamental difference between the responses of the respondents attributed to the administrative level variable. The research found a group of recommendations including: the need to raise awareness of censorship as the basis for the protection of employees in all administrative levels from making mistake.Updating the systems and instructions of control periodically and parallel with the scientific progress and technology.Benefit from regional and international experiences in the application of internal control standards which commensurate with the administrative system of the institution. (shrink)

The problem of evil is an ideal topic for experimental philosophy. Suffering--which is at the heart of most prominent formulations of the problem of evil--is a universal human experience and has been the topic of careful reflection for millennia. However, interpretations of suffering and how it bears on the existence of God are tremendously diverse and nuanced. We might immediately find ourselves wondering why (and how!) something so universal might be understood in so many different ways. Why does suffering push (...) some people toward atheism while pushing others toward deeper faith? What cultural, psychological, or sociological differences account for this diversity of responses? And, importantly, what light might this diversity of responses shed on the problem of evil and how it has been formulated by philosophers in recent years? The primary aim of this paper is to highlight how the tools and resources of experimental philosophy might be fruitfully applied to the problem of evil. In the first section, we review some recent work in this area and describe the current state of this emergent body of literature. In the second section, we review the broader and more recent theoretical developments on the problem of evil. Finally, in the final section, we outline some potential areas of future empirical research that we see as especially promising given those developments. (shrink)

Hume discusses the distinction of reason to explain how we distinguish things inseparable, and so identical, e.g., the color and figure of a white globe. He says we note the respect in which the globe is similar to a white cube and dissimilar to a black sphere, and the respect in which it is dissimilar to the first and similar to the second. Unfortunately, Hume takes these differing respects of resemblance to be identical with the white globe itself. Contradiction results, (...) undermining his theory of abstraction. The way out is apparently to admit an intrinsic complexity in even simple things. (shrink)

MMA fighting in a competition is not necessarily wrong and is often, as far as we can tell, permissible. Our argument has two premises. First, if an act does not infringe on anyone’s moral right or violate another side-constraint, then it is morally permissible. Second, MMA-violence does not infringe on anyone’s moral right or violate another side-constraint. The first premise rested on two assumptions. First, if a person does a wrong act, then he wrongs someone. Second, if one person wrongs (...) a second, then the first infringes on the second’s right. We then looked at Nicholas Dixon’s powerful Kantian argument that MMA fighting is wrong. (shrink)

Ordinary usage gives a way to think of identity through time: the Pittsburgh of 1946 was the same city as the Pittsburgh of today is--namely Pittsburgh. Problem: The Pittsburgh of 1946 does not exist; Pittsburgh still does. How can they have been identical? I reject the temporal parts view on which they were not but we may speak as though they were. Rather I argue that claiming their identity is not contradictory. I interpret ‘the Pittsburgh of 1946’ as ‘Pittsburgh as (...) it was in 1946’ and suggest that the apparent contradiction results from an ambiguity in the scope of ‘as’. (shrink)

Intuitions play an important role in contemporary philosophy. It is common for theories in epistemology, morality, semantics and metaphysics to be rejected because they are inconsistent with a widely and firmly held intuition. Our goal in this paper is to explore the role of epistemic intuitions in epistemology from a naturalistic perspective. Here is the question we take to be central: (Q) Ought we to trust our epistemic intuitions as evidence in support of our epistemological theories? We will understand this (...) question as employing an epistemic ‘ought’ – insofar as we aim at developing a correct epistemological theory, ought we to trust our epistemic intuitions as evidence for or against our epistemological theories? As it stands, (Q) needs further clarification. Whether something is trustworthy is relative to what (a) what it is and (b) what we’re asking it to do. Sam might trust Marie but not George to care for his children, while he might trust both to care for his pet fish. So in order to address (Q), we first need to explore two questions: What are epistemic intuitions? And what sort of epistemological theories do we want? We will take up each of these questions in the following sections. (shrink)

The introduction to a special issue of Religious Studies on the theme of experimental philosophy of religion.

This chapter identifies and explores a series of challenges raised by the clinical concept of delusion for theories which conceive autonomy as an agency rather than a status concept. The first challenge is to address the autonomy-impairing nature of delusions consistently with their role as grounds for full legal and ethical excuse, on the one hand, and psychopathological significance as key symptoms of psychoses, on the other. The second challenge is to take into account the full logical range of delusions, (...) which may take the form of true or false factual beliefs, positive or negative evaluations, as well as the paradoxical delusion of mental illness. The third and final challenge is to make room for non-pathological or, autonomy-preserving delusions and to offer a credible way of distinguishing between these and pathological or, autonomy-impairing delusions. By setting out these challenges, we are able to, firstly, distinguish between two separate conceptions of objectivity that may be at work in existing accounts of delusions and, secondly, to put a spotlight on an elusive yet inescapable notion of agential success that underlies our thinking about autonomy as well as mental disorder. (shrink)

On Kratzer’s canonical account, modal expressions (like “might” and “must”) are represented semantically as quantifiers over possibilities. Such expressions are themselves neutral; they make a single contribution to determining the propositions expressed across a wide range of uses. What modulates the modality of the proposition expressed—as bouletic, epistemic, deontic, etc.—is context.2 This ain’t the canon for nothing. Its power lies in its ability to figure in a simple and highly unified explanation of a fairly wide range of language use. Recently, (...) though, the canon’s neat story has come under attack. The challenge cases involve the epistemic use of a modal sentence for which no single resolution of the contextual parameter appears capable of accommodating all our intuitions.3 According to these revisionaries, such cases show that the canonical story needs to be amended in some way that makes multiple bodies of information relevant to the assessment of such statements. Here I show that how the right canonical, flexibly contextualist account of modals can accommodate the full range of challenge cases. The key will be to extend Kratzer’s formal semantic account with an account of how context selects values for a modal’s.. (shrink)

The paper argues that applications of the principle that “ought” implies “can” (OIC) depend on normative considerations even if the link between “ought” and “can” is logical in nature. Thus, we should reject a common, “factualist” conception of OIC and endorse weak “normativism”. Even if we use OIC as the rule ““cannot” therefore “not ought””, applying OIC is not a mere matter of facts and logic, as factualists claim, but often draws on “proto-ideals” of moral agency.

Rainer Forst’s constructivism argues that a right to justification provides a reasonably non-rejectable foundation of justice. With an exemplary focus on his attempt to ground human rights, I argue that this right cannot provide such a foundation. To accord to others such a right is to include them in the scope of discursive respect. But it is reasonably contested whether we should accord to others equal discursive respect. It follows that Forst’s constructivism cannot ground human rights, or justice, categorically. At (...) best, it can ground them hypothetically. This opens the door wide for ethical foundations of human rights. (shrink)

The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, such as an (...) individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)

Addiction theorists have often utilized the metaphor of the blind men and the elephant to illustrate the complex nature of addiction and the varied methodological approaches to studying it. A common purported upshot is skeptical in nature: due to these complexities, it is not possible to offer a unifying account of addiction. I think that this is a mistake. The elephant is real–there is a _there_ there. Here, I defend a dispositionalist account of addiction as _the systematic disposition to fail (...) to control one’s desires to engage in certain types of behaviors_. I explain this position, defend the inclusion of desires and impaired control, and flesh out the notion of _systematicity_ central to my account. I then illustrate how my dispositionalist framework can unify the disparate and seemingly incompatible accounts of addiction (and their respective methodological approaches). I close with a brief plan to extend and implement my account. (shrink)

(In German.) The book addresses Rawls's post-1985 political liberalism. His justification of political liberalism -- as reflected in his arguments from overlapping consensus -- faces the problem that liberal content can be justified as reciprocally acceptable only if the addressees of such a justification already endorse points of view that suitably support liberal ideas. Rawls responds to this legitimacy-theoretical problem by restricting public justification's scope to include reasonable people only, while implicitly defining reasonableness as a substantive liberal virtue. But this (...) virtue-ethical grounding of political liberalism is itself unreasonable. The phenomenon of disharmony of practical reason gives the reasonable reasons to take it that political legitimacy does not obtain if and where moral-political principles are acceptable from their point of view only. (shrink)

Most of human-robot interaction (HRI) research relies on an implicit assumption that seems to drive experimental work in interaction studies: the more anthropomorphism we can reach in robots, the more effective the robot will be in 'being social.' The notion of 'sociomorphing' was developed in order to challenge the assumption of ubiquitous anthropomorphizing. This paper aims to explore the notion of sociomorphing by analysing the possibilities offered by actor-network theory (ANT). We claim that ANT is a valid framework to re-think (...) the conceptual couple anthropomorphizing / sociomorphing and answer the following question: What kind of negotiation process and social practices can be developed in HRI, given the notion of sociomorph interactional networks? (shrink)

Adrian Piper argues that the Humean conception can be made to work only if it is placed in the context of a wider and genuinely universal conception of the self, whose origins are to be found in Kant’s Critique of Pure Reason. This conception comprises the basic canons of classical logic, which provide both a model of motivation and a model of rationality. These supply necessary conditions both for the coherence and integrity of the self and also for unified agency. (...) The Kantian conception solves certain intractable problems in decision theory by integrating it into classical predicate logic, and provides answers to longstanding controversies in metaethics concerning moral motivation, rational final ends, and moral justification that the Humean conception engenders. In addition, it sheds light on certain kinds of moral behavior – for example, the whistleblower – that the Humean conception is at a loss to explain. (shrink)

Patient-funded trials are gaining traction as a means of accelerating clinical translation. However, such trials sidestep mechanisms that promote rigor, relevance, efficiency, and fairness. We recommend that funding bodies or research institutions establish mechanisms for merit review of patient-funded trials, and we offer some basic criteria for evaluating PFT protocols.

I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from them so that they (...) will not be influenced by self-interest. I adapt Rawls' methodology by introducing an abstract description of information technology to those deliberating about justice from within the original position. This abstract description focuses on computing devices that users can use to access information and information networks that information devices use to communicate. The abstractness of this description prevents the particular characteristics of the Internet and the computing devices in use from influencing the decisions about the just use and regulation of information technology and networks. From this abstract position, the principles of justice that the participants accept for the rest of society will also apply to the computing devices people use to communicate, and to Internet regulation. (shrink)

Husserl’s theory of passive experience first came to systematic and detailed expression in the lectures on passive synthesis from the early 1920s, where he discusses pure passivity under the rubric of affection and association. In this paper I suggest that this familiar theory of passive experience is a first approximation leaving important questions unanswered. Focusing primarily on affection, I will show that Husserl did not simply leave his theory untouched. In later manuscripts he significantly reworks the theory of affection in (...) terms of instinctive intentionality and a passive experience of desire aimed at satisfaction and enjoyment. This paper will show that the theory of affection and the theory of instincts in Husserl are really one and the same, differing only in the superior theoretical apparatus with which Husserl treats the phenomenon in his more considered theory of the instincts. I demonstrate the connection between the two theories by showing how what he generically calls “affection” in earlier texts is the same phenomenon he calls “curiosity” in later texts. The connection is further supported by the way curiosity does the same work as affection in its function within Husserl’s theory of association, serving as the basic connective tissue linking diverse experiences. In closing, I deal with the problem of how to integrate the experience of the body into the theory of instincts, displaying in another way how Husserl improves his theory of affection by making it more concrete when he recasts it as a theory of instincts. (shrink)

Near-death experiences are a big challenge to the fields of science and philosophy; termed as hallucinatory by neurologists and “stuff of which fantasies are made off” by sceptics, there are some unique near-death experiences which defy these claims. Memories generated during these experiences are of specific interest as they are created without a body and can be recalled post the experience. Call it the mind, soul, psyche or consciousness, if deliberated as a form of quantum generated energy, a strong correlation (...) under a reductionist based perspective can be obtained. Life at a macroscopic level may not be similar to life at a quantum level, and has been proved in quantum physics through its spooky properties like quantum entanglement. Self-sustaining quantum generated energy through entanglement is the answer to all mystical realties and the answer lies in believing in its existence in and around us. It is this energy that brings in the awareness of one’s existence and which performs tasks beyond the imagination of the current self; an energy created at the creation of all that exists; a true supernatural force. This paper reviews a unique void near-death experience and hypothesizes quantum entanglement to be involved in the conception and storage of these energy-based memories in a quantum subatomic cloud which can be restated if returned back to the body or lost to the environment upon death. (shrink)

While experimental philosophy has fruitfully applied the tools and resources of psychology and cognitive science to debates within epistemology, metaphysics, and ethics, relatively little work has been done within philosophy of religion. And this isn’t due to a lack of need! Philosophers of religion frequently rely on empirical claims that can be either verified or disproven, but without exploring whether they are. And philosophers of religion frequently appeal to intuitions which may vary wildly according to education level, theological background, etc., (...) without concern for whether or not the psychological mechanisms that underwrite those intuitions are broadly shared or reliable. In this chapter, I explore some of the fruit and possibilities for the emerging field of experimental philosophy of religion. First, in Section 1, I will elucidate some of the historical grounding for experimental philosophy of religion. Then in Section 2, I briefly consider how the tools and resources of experimental philosophy might be fruitfully applied to a seminal topic within philosophy of religion, namely, the problem of evil. In Section 3, we’ll sketch some broader applications of experimental philosophy of religion. (shrink)

In this chapter, we will explore the luck at issue in Gettier-styled counterexamples and the subsequent problem it poses to any viable reductive analysis of knowledge. In the 1st section, we will consider the specific species of luck that is at issue in Gettier counterexamples, then, in the next section, I will briefly sketch a diagnosis of the Gettier Problem and try to explain why the relevant species of luck has proven to be extremely difficult to avoid. And finally, I (...) will consider a prominent objection to the proposed diagnosis of the Problem. (shrink)

Despite extensive discussion of naïve realism in the wider philosophical literature, those influenced by the phenomenological movement who work in the philosophy of perception have hardly weighed in on the matter. It is thus interesting to discover that Edmund Husserl’s close philosophical interlocutor and friend, the early twentieth-century phenomenologist Johannes Daubert, held the naive realist view. This article presents Daubert’s views on the fundamental nature of perceptual experience and shows how they differ radically from those of Husserl’s. The author argues, (...) in conclusion, that Daubert’s views are superior to those of Husserl’s specifically in the way that they deal with the phenomenon of perceptual constancy. (shrink)

Software application ontologies have the potential to become the keystone in state-of-the-art information management techniques. It is expected that these ontologies will support the sort of reasoning power required to navigate large and complex terminologies correctly and efficiently. Yet, there is one problem in particular that continues to stand in our way. As these terminological structures increase in size and complexity, and the drive to integrate them inevitably swells, it is clear that the level of consistency required for such navigation (...) will become correspondingly difficult to maintain. While descriptive semantic representations are certainly a necessary component to any adequate ontology-based system, so long as ontology engineers rely solely on semantic information, without a sound ontological theory informing their modeling decisions, this goal will surely remain out of reach. In this paper we describe how Language and Computing nv (L&C), along with The Institute for Formal Ontology and Medical Information Sciences (IFOMIS), are working towards developing and implementing just such a theory, combining the open software architecture of L&C’s LinkSuiteTM with the philosophical rigor of IFOMIS’s Basic Formal Ontology. In this way we aim to move beyond the more or less simple controlled vocabularies that have dominated the industry to date. (shrink)

To fully respond to the demands of multiculturalism, a view of toleration would need to duly respect diversity both at the level of the application of principles of toleration and at the level of the justificatory foundations that a view of toleration may appeal to. The paper examines Rainer Forst’s post-Rawlsian, ‘reason-based’ attempt to provide a view of toleration that succeeds at these two levels and so allows us to tolerate tolerantly. His account turns on the view that a constructivist (...) requirement of generality and reciprocity provides a suitable criterion of toleration since a commitment to this requirement is part of what defines people as reasonable. But it is neither plausible nor coherent to build such a requirement into an idea of reasonableness from which an account of toleration starts. Thus, constructivism cannot provide a tolerant criterion of toleration, if such criterion, in order to overcome the ‘paradox’ of intolerant toleration, must escape reasonable disagreement. (shrink)

In this paper I consider the possibility of a kind of a priori cognition that serves the purposes of metaphysics, given that metaphysics involves the search for modal knowledge. Necessary or, better, modal knowledge is a priori; so metaphysical knowledge is likewise a priori. Here I argue that intuition is the route to modal knowledge in metaphysics, and I insist that conceivability or knowledge of conceptual truths does not lead towards the modal realm of metaphysics.

Allies are extremely important to LGBT rights. Though we don’t often enumerate what tasks we expect allies to do, a fairly common conception is that allies “support the LGBT community.” In the first section I introduce three difficulties for this position that collectively suggest it is conceptually insufficient. I then develop a positive account by starting with whom allies are allied to instead of what allies are supposed to do. We might obviously say here that allies are allied to the (...) LGBT community, but I will argue that this community is better thought of as a loose coalition because there are often intersectional issues and conflicting interests that challenge any unified sense of community. I argue that people typically become allies because a friend or family member is experiencing some kind of specific harm; if that harm or discrimination is what causally explains why people become allies, then allies are required to do more than we commonly think. Although allies have a prima facie obligation to honor what members of a subcommunity identify as a harm, this obligation is defeasible if an ally believes fulfilling the obligation would be harmful. I conclude by looking at how we can understand what an ally is in terms of a larger discussion about moral obligations. If people already have these obligations, whatever they are, because morality requires it, then the status “ally” is redundant. I conclude by showing that certain social statuses can not only transform or reprioritize prior moral commitments, but can also introduce new kinds of responsibility that an agent did not have before. (shrink)

A pronatalist perspective on maternal bodies renders the adoptive maternal body queer. In this essay, I argue that the queerness of the adoptive maternal body makes it a useful epistemic standpoint from which to critique dominant views of mothering. In particular, exploring motherhood through the lens of adoption reveals the discursive mediation and social regulation of all maternal bodies, as well as the normalizing assumptions of heteronormativity, “reprosexuality,” and family homogeneity that frame a traditional view of the biological family. As (...) participants in motherhood who resist “repro-narrativity,”“reprosexuality,” and essentialism, adoptive maternal bodies have the potential to both queer our notions of normal mothering and normalize our notions of queer mothering. (shrink)