Philosophers of experiment have acknowledged that experiments are often more than mere hypothesis-tests, once thought to be an experiment's exclusive calling. Drawing on examples from contemporary biology, I make an additional amendment to our understanding of experiment by examining the way that `wide' instrumentation can, for reasons of efficiency, lead scientists away from traditional hypothesis-directed methods of experimentation and towards exploratory methods.

When medical assistance in dying (MAiD) was legalized in Canada in June 2016, the question of allowing decisionally capable persons to make advance requests in anticipation of later incapacity was reserved for further consideration during the mandatory parliamentary review originally scheduled to begin in June 2020 (but since delayed by COVID-19). In its current form the legislation does not permit such requests, since it stipulates that at the time at which the procedure is to be administered the patient must give (...) “express consent” to receiving it. Since express consent presupposes decisional capacity, this requirement rules out administering MAiD to a patient who has lost capacity. Amendments to the legislation passed by Parliament in March 2021 open the door slightly by allowing advance requests by patients after they have been approved for MAiD, if they fear losing capacity before the procedure can be administered. But this provision would apply only to patients whose natural death was deemed to be “reasonably foreseeable”, and would continue to exclude (a) requests made after diagnosis of a “grievous and irremediable medical condition” but in advance of approval for MAiD, and (b) requests made before such a diagnosis. My aim in this paper is twofold: to explore the ethical and legal issues concerning advance requests for MAiD, and to argue for expanding provision for such requests to include both of these further scenarios. (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)

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

Over one hundred years ago, the Supreme Court emphatically declared that deportation proceedings are civil, not criminal, in nature. As a result, none of the nearly 400,000 individuals who were deported last year enjoyed any of the constitutional protections afforded to criminal defendants under the Sixth or Eighth Amendments. Among those 400,000 were numerous detained juveniles and mentally ill individuals who, as a result of the civil designation, had no right to appointed counsel. These individuals were thus forced to navigate (...) the labyrinth of immigration law alone. Others were lawful permanent residents who had pled guilty to minor offenses upon the correct advice of counsel that they could not be deported. These individuals later became subject to deportation when Congress retroactively changed the law, unbound by the criminal prohibition against ex post facto laws. The dichotomy between the gravity of the liberty interest at stake in these proceedings––a lifetime of exile from homes and families in the United States––and the relative dearth of procedural protections afforded respondents, has always been intuitively unjust to some. However, over the past twenty years, as immigration and criminal law have become intertwined as never before, the intuitive sense of many has matured into a scholarly movement exploring the criminalization of immigration law. This movement has taken aim at the incoherence of deportation’s civil designation. Until recently, however, there was little reason to think the Supreme Court would wade into the waters of the resurgent debate over the nature of deportation proceedings. In Padilla v. Kentucky, 130 S.Ct. 1473 (2010), however, the Court surprised almost everyone as it went to great length to chronicle the criminalization of immigration law and ultimately concluded that deportation is - uniquely difficult to classify. The immediate impact of the Padilla decision is the critical recognition that criminal defendants have a right to be advised by their attorneys if a plea they are contemplating will result in deportation. However, I argue, that in time Padilla may come to stand for something much more significant in immigration jurisprudence. When we read Padilla in the context of the Supreme Court’s evolving immigration jurisprudence, there is good reason to believe that Padilla is a critical pivot point for the Court. Padilla marks the beginning of a significant reconceptualization of the nature of deportation toward the realization that it is neither truly civil nor criminal. Rather, deportation is different. It is a unique legal animal that lives in the crease between the civil and criminal labels. This article explores the evolving arch of Supreme Court jurisprudence regarding the quasi-criminal nature of deportation proceedings and articulates a principled mechanism by which the scope of respondents’ rights can be defined under this new framework. (shrink)

L'éternalisme implique une forme exotique d'éternité : toute entité, aussi éphémère soit-elle et quelle que soit sa localisation dans le temps, existe relativement à toute autre localisation temporelle. Cet essai vise, premièrement, à défendre l'éternalisme en exhibant les difficultés rédhibitoires du présentisme et du non-futurisme, et deuxièmement à examiner de quelle manière l'éternalisme pourrait être amendé à l'aune d'une affirmation que l'on trouve sous la plume de certains physiciens, à savoir que, fondamentalement, le temps n'existe pas. La disparition du temps (...) est-elle compatible avec la thèse éternaliste ? Enfin, en guise de conclusion, nous examinerons brièvement une conséquence curieuse de l'éternalisme : bien que mortels, nous sommes des êtres éternels. (shrink)

Le problème de l’induction (humien) a récemment été abordé par Steel dans son article de 2010. Celui-ci soutient que les théories d’apprentissage formelles permettent de justifier logiquement le principe de l’induction, ce dernier assurant la fiabilité logique des méthodes. Cette proposition a été critiquée par Howson en 2011, ce dernier mettant en doute la possibilité même qu’une méthode puisse être logiquement fiable. Bien que Steel ait offert une réponse à cette critique, il n’y répond pas directement. Dans le présent article, (...) une réponse frontale à celle-ci est offerte en s’inspirant des pratiques de tests d’hypothèses en sciences biologiques. Pour ce faire, une règle de construction des ensembles d’hypothèses est proposée, règle offrant une justification logique au fait qu’une méthode convergera nécessairement vers la vérité. Cet amendement étant cohérent avec l’ensemble de la proposition de Steel, il est ainsi possible d’affirmer que sa thèse est renforcée par cette proposition. (shrink)

I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...) and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

● Sergio Cremaschi, The non-existing Island. I discuss the way in which the cleavage between the Continental and the Anglo-American philosophies originated, the (self-)images of both philosophical worlds, the converging rediscoveries from the Seventies, as well as recent ecumenic or anti-ecumenic strategies. I argue that pragmatism provides an important counter-instance to both the familiar self-images and to the fashionable ecumenic or anti-ecumenic strategies. My conclusions are: (i) the only place where Continental philosophy exists (as Euro-Communism one decade ago) is America; (...) (ii) less obviously, also analytic philosophy does not exist, or does no more exist as a current or a paradigm; what does exist is, on the one hand, philosophy of language and, on the other, philosophy of mind, that is, two disciplines; (iii) the dissolution of analytic philosophy as a school has been extremely fruitful, precisely in so far as it has left room for disciplines and research programmes; (iv) what is left, of the Anglo-American/Continental cleavage is primarily differences in styles, depending partly on intellectual traditions, partly owing to sociology, history, institutional frameworks; these differences should not be blurred by rash ecumenism; besides, theoretical differences are alive as ever, but within both camps; finally, there is indeed a lag (not a difference) in the appropriation of intellectual techniques by most schools of 'Continental' philosophy, and this should be overcome through appropriation of what the best 'analytic' philosophers have produced. ● Michael Strauss, Language and sense-perception: an aspect of analytic philosophy. To test an assertion about one fact by comparing it with perceived reality seems quite unproblematic. But the very possibility of such a procedure is incompatible with the intellectualistic basis of logical positivism and atomism (as it is for example to be found in Russell's Analysis of Mind). According to the intellectualistic approach pure sensation is meaningless. Sensation receives its meaning and order from the intellect through interpretation, which is performed with the help of linguistic tools, i.e. words and sentences. Before being interpreted, sensation is not a picture or a representation, it is neither true nor false, neither an illusion nor knowledge; it does not tell us anything; it is a lifeless and order-less matter. But how can a thought (or a proposition) be compared with such a lifeless matter? This difficulty confronts the intellectualist, if on the one hand he admits the necessity of comparing thought with sense-perception, and on the other hand presupposes that we possess only intellectual and no immediate perceptual understanding of what we see and hear. In this paper I give a critical exposition of three attempts, made by Russell, Neurath and Wittgenstein, to solve this problem. The first attempt adheres to strict conventionalism, the second tends to naturalism and the third leads to an amended, very moderate version of conventionalism. This amended conventionalism looks at sense impressions as being a peculiar language, which includes primary symbols, i.e. symbols not founded on convention and not being in need of interpretation. ● Ernst Tugendhat, Phenomenology and language analysis. The paper, first published in German in 1970, by which Tugendhat gave a start to the German rediscovery of analytic philosophy. The author stages a confrontation between phenomenology and language analysis. He argues that language analysis does not differ from phenomenology as far as the topics dealt with are concerned; instead, both currents are quite different in method. The author argues that language-analytic philosophy does not simply lay out of the mainstream of transcendental philosophy, but that instead it challenges this tradition on the very level of foundations. The author criticizes the linguistic-analytic approach centred on the subject as well as any object-centred approach, while proposing inter-subjective understanding through language as the new universal framework. This is, when construed in so general terms, the same program of hermeneutics, though in a more basic version. ● Jürgen Habermas, Language game, intention and meaning. On a few suggestions by Sellars and Wittgenstein. The paper, first published in German in 1975, in which Habermas announces his own linguistic turn through a discovery of speech acts. In this essay the author wants to work out a categorical framework for a communicative theory of society; he takes Wittgenstein's concept of language game as a Leitfade and, besides, he takes advantage also of Wilfried Sellars's quasi-transcendental account of the genesis of intentionality. His goal is to single out the problems connected with a theory of consciousness oriented in a logical-linguistic sense. ● Zvie Bar-On, Isomorphism of speech acts and intentional states. This essay presents the problem of the formal relationship between speech acts and intentional states as an essential part of the perennial philosophical question of the relation between language and thought. I attempt to show how this problem had been dealt with by two prominent philosophers of different camps in our century, Edmund Husserl and John Searle. Both of them wrote extensively about the theory of intentionality. I point out an interesting, as it were unintended, continuity of their work on that theory. Searle started where Husserl left off 80 years earlier. Their meeting point could be used as the first clue in our search. They both adopted in effect the same distinction between two basic aspects of the intentional experience: its content or matter, and its quality or mode. Husserl did not yet have the concept of a speech act as contradistinguished from an intentional state. The working hypothesis, however, which he suggested, could be used as a second clue for the further elaboration of the theory. The relationship of the two levels, the mental and the linguistic, which remained for Husserl in the background only, became the cornerstone of Searle' s inquiry. He employed the speech act as the model and analysed the intentional experience by means of the conceptual apparatus of his own theory of speech acts. This procedure enabled him to mark out a number of parallelisms and correlations between the two levels. This procedure explains the phenomenon of the partial isomorphism of speech acts and intentional states. ● Roberta de Monticelli, Ontology. A dialogue among the linguistic philosopher, the naturalist, and the phenomenological philosopher. This paper proposes a comparison between two main ways of conceiving the role and scope of that fundamental part of philosophy (or of "first" philosophy) which is traditionally called "ontology". One way, originated within the analytic tradition, consists of two main streams, namely philosophy of language and (contemporary) philosophy of mind, the former yielding "reduced ontology" and the latter "neo-Aristotelian ontology". The other way of conceiving ontology is exemplified by "phenomenological ontology" (more precisely, the Husserlian, not the Heideggerian version). Ontology as a theory of reference ("reduced" ontology, or ontology as depending on semantics) is presented and justified on the basis of some classical thesis of traditional philosophy of language (from Frege to Quine). "Reduced ontology" is shown to be identifiable with one level of a traditional, Aristotelian ontology, namely the one which corresponds to one of the four "senses of being" listed in Aristotle's Metaphysics: "being" as "being true". This identification is justified on the basis of Franz Brentano's "rules for translation" of the Aristotelian table of judgements in terms of (positive and negative) existential judgments such as are easily translatable into sentences of first order predicate logic. The second part of the paper is concerned with "neo-Aristotelian ontology", i.e. with naturalism and physicalism as the main ontological options underlying most of contemporary discussion in the philosophy of mind. The qualification of such options as "neo-Aristotelian" is justified; the relationships between "neo-Aristotelian ontology" and "reduced ontology" are discussed. In the third part the fundamental tenet of "phenomenological ontology" is identified by the thesis that a logical theory of existence and being does capture a sense of "existing" and "being" which, even though not the basic one, is grounded in the basic one. An attempt is done of further clarifying this "more basic" sense of "being". An argument making use of this supposedly "more basic" sense is advanced in favour of a "phenomenological ontology". ● Kuno Lorenz, Analytic Roots in Dialogic Constructivism. Both in the Vienna Circle ad in Russell's early philosophy the division of knowledge into two kinds (or two levels), perceptual and conceptual, plays a vital role. Constructivism in philosophy, in trying to provide a pragmatic foundation - a knowing-how - to perceptual as well as conceptual competences, discovered that this is dependent on semiotic tools. Therefore, the "principle of method" had to be amended by the "principle of dialogue". Analytic philosophy being an heir of classical empiricism, conceptually grasping the "given", and constructive philosophy being an heir of classical rationalism, perceptually providing the "constructed", merge into dialogical constructivism, a contemporary development of ideas derived especially from the works of Charles S. Peirce (his pragmatic maxim as a means of giving meaning to signs) and of Ludwig Wittgenstein (his language games as tools of comparison for understanding ways of life). 7. Albrecht Wellmer, "Autonomy of meaning" and "principle of charity" from the viewpoint of the pragmatics of language. In this essay I present an interpretation of the principle of the autonomy of meaning and of the principle of charity, the two main principles of Davidson's semantic view of truth, showing how both principles may fit in a perspective dictated by the pragmatics of language. I argue that (I) the principle of the autonomy of meaning may be thoroughly reformulated in terms of the pragmatics of language, (ii) the principle of charity needs a supplement in terms of pragmatics of language in order to become really enlightening as a principle of interpretation. Besides, I argue that: (i) on the one hand, the fundamental thesis of Habermas on the pragmatic theory of meaning ("we understand a speech act when we know what makes it admissible") is correlated with the seemingly intentionalist thesis according to which we understand a speech act when we know what a speaker means; (ii) on the other hand, to say that the meaning competence of a competent speaker is basically a competence about a potential of reasons (or also of possible justifications) which is inherently connected with the meaning of statements, or with their use in utterances. ● Rüdiger Bubner, The convergence of analytic and hermeneutic philosophy This paper argues that the analytic philosophy does not exist, at least as understood by its original programs. Differences in the analytic camp have always been bigger than they were believed to be. Now these differences are coming to the fore thanks to a process of dissolution of dogmatism. Philosophical analysis is led by its own inner logic towards questions that may be fairly qualified as hermeneutic. Recent developments in analytic philosophy, e.g. Davidson, seem to indicate a growing convergence of themes between philosophical analysis and hermeneutics; thus, the familiar opposition of Anglo-Saxon and Continental philosophy might soon belong to history. The fact of an ongoing appropriation of analytical techniques by present-day German philosophers may provide a basis for a powerful argument for the unity of philosophizing, beyond its strained images privileging one technique of thinking and rejecting the remainder. Actual philosophical practice should take the dialogue between the two camps more seriously; in fact, the processes described so far are no danger to philosophical work. They may be a danger for parochial approaches to philosophizing; indeed, contrary to what happens in the natural sciences, Thomas Kuhn's "normal science" developing within the framework of one fixed paradigm is not typical for philosophical thinking. And in philosophy innovating revolutions are symptoms more of vitality than of crisis. ● Karl-Otto Apel, The impact of analytic philosophy on my intellectual biography. In my paper I try to reconstruct the history of my Auseinandersetzung mit - as I called it - "language-analytical" philosophy (including even Peircean semiotics) since the late Fifties. The heuristics of my study was predetermined by two main motives of my beginnings: the hermeneutic turn of phenomenology and the transformation of "transcendental philosophy" in the light of the "language a priori". Thus, I took issue with the early and the later Wittgenstein, logical positivism, and post-Wittgensteinian and post-empiricist philosophy of science (i.e. G.H. von Wright and the renewal of the "explanation vs understanding controversy" as well as the debate between Th. Kuhn and Popper/Lakatos); besides, with speech act theory and the debate about "transcendental arguments" since Strawson. The "pragmatic turn", started already by C.L. Morris and the later Carnap, led me to study also the relationship between Wittgensteinian "use" theory of meaning and of truth. This resulted on my side in something like a program of "transcendental semiotics", i.e. "transcendental pragmatics" and "transcendental hermeneutics". ● Ben-Ami Scharfstein, A doubt on both their houses: the blindness to non-western philosophies. The burden of my criticism is that contemporary European philosophers of all kinds have continued to think as if there were no true philosophy but that of the West. For the most part, the existentialists have been oblivious of their Eastern congeners; the hermeneuticians have yet to stretch their horizons beyond the most familiar ones; and the analysts remain unaware of the analyses and linguistic sensitivities of the ancient non-European philosophers. Briefly, ignorance still blinds almost all contemporary Western philosophers to the rich, variegated philosophical traditions outside of their familiar orbit. Both Continental and Anglo-Americans have lost the breadth of view that once characterized such thinkers as Herder and the Humboldts. The blindness that has resulted is not simply that of individual Western philosophers but of our whole, still parochial philosophical culture. (shrink)

This Article explores the interpretation and construction of executive orders using as examples President Trump’s two executive orders captioned “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Two Executive Orders”). President Trump issued the Two Executive Orders in the context of (among other things) Candidate Trump’s statements such as: “Islam hates us,” and “[W]e can’t allow people coming into this country who have this hatred.” President Trump subsequently provided further context including his tweet about the second (...) of his Two Executive Orders: “People, the lawyers and the courts can call [the second of the Two Executive Orders] whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!” Although President Trump replaced the first of the Two Executive Orders with the second one and although the Supreme Court by orders dated October 10, 2017 and October 24, 2017, vacated and remanded litigation involving the second order on grounds of mootness, the Two Executive Orders remain highly instructive for those who would understand the interpretation and construction of executive orders. This article therefore examines in detail the original speaker's (i.e., President Trump's) intended meaning and effect of the Two Executive Orders. It performs such examination using insights from the semiotic subfield of pragmatics, a semiotic subfield which explores how real-world people actually use, interpret, and construe language in various real-world contexts (including contexts where the issuer of the Two Executive Orders himself has claimed that “Islam hates us” and has tweeted “TRAVEL BAN!”). Using such insights of pragmatics, this Article also explores why reasonable judges thoroughly versed in legal theory, legal practice, and pragmatics should conclude that President Trump unlawfully targeted Muslims in the Two Executive Orders. This Article, among other things, also questions the sensibility of such notions as “facial legitimacy” to the extent such notions suggest text has meaning apart from context. Keywords: executive orders, speaker meaning, interpretation, construction, semiotics, pragmatics, originalism, speech acts, context, facial legitimacy, Constitutionality, First Amendment,Trump v. Int’l Refugee Assistance Project, Scalia, immigration, semantics, original meaning, travel ban, Trump, textualism. (shrink)

This book on the topic of ethics and poetry consists of contributions from different continents on the subject of applied ethics related to poetry. It should gather a favourable reception from philosophers, ethicists, theologians and anthropologists from Africa, Asia, Europe and Latin America and allows for a comparison of the healing power of words from various religious, spiritual and philosophical traditions. The first part of this book presents original poems that express ethical emotions and aphorism related to a philosophical questioning (...) of the grounding of our values for life. The poems are written by twelve authors coming from four continents, for whom poetic emotions are sources of artistic inspiration and that can be used for conflict resolution. In the second part, which features short essays, nine authors tackle how poems, symbolic representations, metaphorical narratives and lies impact the space of possibilities, in which we are moved to action, knowledge formation, and how we imagine the world together. (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)

Readers assume that commonplace properties of the real world also hold in realistic fiction. They believe, for example, that the usual physical laws continue to apply. But controversy exists in theories of fiction about whether real individuals exist in the story’s world. Does Queen Victoria exist in the world of Jane Eyre, even though Victoria is not mentioned in it? The experiments we report here find that when participants are prompted to consider the world of a fictional individual (“Consider the (...) world of Jane Eyre…”), they are willing to say that a real individual (e.g., Queen Victoria) can exist in the same world. But when participants are prompted to consider the world of a real individual, they are less willing to say that a fictional individual can exist in that world. The asymmetry occurs when we ask participants both if a real person is in the character’s world and if the person would appear there. However, the effect is subject to spatial and temporal constraints. When the person and the character share spatial and temporal settings, interchange is more likely to occur. These results shed light on the author’s implicit contract with the reader, which can license the reader to augment a fictional world with features that the author only implicates as part of the work’s background. (shrink)

Le but de ce texte est de mettre en évidence les équi­valences entre la façon dont le concept de conatus résout, dans l'Éthique, le problème de l'unité modale complexe. en rendant consis­tant le concept de chose singulière en tant que celle-ci doit être consi­dérée comme un légitime sujet d'attribution d'états, et la façon dont ce même concept dessine le rapport cognitif de l'esprit avec lui-même, rapport par lequel l'esprit se saisit comme sujet de ses états et qui ca­ractérise la notion (...) moderne de subjectivité. Ainsi, en éclairant cet as­pect du concept spinoziste de chose singulière. on comprendra aussi, de façon indirecte, l'une des conditions par lesquelles les choses peuvent, dans la doctrine spinoziste, devenir des objets ou des signes pour la connaissance humaine. (shrink)

The need for global values in a globalised world is combined with the need for contextual identity. New nationalisms, protectionisms and fundamentalisms are mixed with a globalised pluralistic relativism. Are global values threatened by particular values? Find answers within the 32 articles of this book. In each of the articles the authors, who are all in one way or another linked to Globethics.net, writing from one of four continents, focus and develop on a particular value or virtue in a specific (...) geographic, cultural or religious context. Many of them also give an input to the understanding of the value-basis of the UN-Sustainable Development Goals SDGs and give orientation for “values-driven leadership”, a key vision and mission of Globethics.net. (shrink)

Je cherche à explorer comment l'expérience de la temporalité est multiforme et fortement perturbée à l'époque de la pandémie Covid-19 et des politiques de confinement, générant une expérience d'hétérochronie, qui remet en question notre rapport à la vie.

In this аrtiсlе, thе аuthоr fосusеs оn еluсidаting sоmе philоsоphiсаl аspесts оf intеrсulturаl соmmuniсаtiоn in thе соntеxt оf glоbаlizаtiоn оn thе bаsis оf rесоgnizing thе соntributiоns аnd limitаtiоns оf Wittgеnstеin tо thе birth оf philоsоphy. сulturе study. Thоsе philоsоphiсаl issuеs аrе: thе similаrity in thinking аnd асting оf pеоplе асrоss сulturеs; divеrsity оf сulturеs, wоrldviеws аnd wаys оf lifе. Frоm thе Mаrxist pоint оf viеw, thе аuthоr pоintеd оut аnd сritiсizеd thе limitаtiоns оf Wittgеnstеin's philоsоphiсаl соnсеptiоn; аnd аt thе sаmе (...) timе оffеr аnd еxplаin sоlutiоns tо implеmеnt intеrсulturаl соmmuniсаtiоn in thе соntеxt оf сurrеnt glоbаlizаtiоn. (shrink)

The genetic modification of pigs as a source of transplantable organs is one of several possible solutions to the chronic organ shortage. This paper describes existing ethical tensions in xenotransplantation (XTx) that argue against pursuing it. Recommendations for lifelong infectious disease surveillance and notification of close contacts of recipients are in tension with the rights of human research subjects. Parental/guardian consent for pediatric xenograft recipients is in tension with a child’s right to an open future. Individual consent to transplant is (...) in tension with public health threats that include zoonotic diseases. XTx amplifies concerns about justice in organ transplantation and could exacerbate existing inequities. The prevention of infectious disease in source animals is in tension with the best practices of animal care and animal welfare, requiring isolation, ethologically inappropriate housing, and invasive reproductive procedures that would severely impact the well-being of intelligent social creatures like pigs. (shrink)

It seems natural to choose whether to have a child by reflecting on what it would be like to actually have a child. I argue that this natural approach fails. If you choose to become a parent, and your choice is based on projections about what you think it would be like for you to have a child, your choice is not rational. If you choose to remain childless, and your choice is based upon projections about what you think it (...) would be like for you to have a child, your choice is not rational. This suggests we should reject our ordinary conception of how to make this life-changing decision, and raises general questions about how to rationally approach important life choices. (shrink)

Philosophical discussions of species have focused on multicellular, sexual animals and have often neglected to consider unicellular organisms like bacteria. This article begins to fill this gap by considering what species concepts, if any, apply neatly to the bacterial world. First, I argue that the biological species concept cannot be applied to bacteria because of the variable rates of genetic transfer between populations, depending in part on which gene type is prioritized. Second, I present a critique of phylogenetic bacterial species, (...) arguing that phylogenetic bacterial classification requires a questionable metaphysical commitment to the existence of essential genes. I conclude by considering how microbiologists have dealt with these biological complexities by using more pragmatic and not exclusively evolutionary accounts of species. I argue that this pragmatism is not borne of laziness but rather of the substantial conceptual problems in classifying bacteria based on any evolutionary standard. (shrink)

The question I want to explore is whether experience supports an antireductionist ontology of time, that is, whether we should take it to support an ontology that includes a primitive, monadic property of nowness responsible for the special feel of events in the present, and a relation of passage that events instantiate in virtue of literally passing from the future, to the present, and then into the past.

This Essay presents law’s evolution as a paradoxical union of the finite and the infinite. At any given point in time, law is a finite body of norms, which can be identified. At the same time, law’s evolution is infinite because rule-mutations that alter those norms are indeterminable. In modern legal systems, law’s evolution occurs under the constraining influence of master texts, which provide normative durability by enshrining the fundamental norms of a legal system and fortifying them against change. Despite (...) this stabilizing role, however, master texts are themselves open to mutations. Therefore, law’s evolution under the constraints of a master text mediates the paradoxical union of law’s finite and infinite nature. (shrink)

I defend a one category ontology: an ontology that denies that we need more than one fundamental category to support the ontological structure of the world. Categorical fundamentality is understood in terms of the metaphysically prior, as that in which everything else in the world consists. One category ontologies are deeply appealing, because their ontological simplicity gives them an unmatched elegance and spareness. I’m a fan of a one category ontology that collapses the distinction between particular and property, replacing it (...) with a single fundamental category of intrinsic characters or qualities. We may describe the qualities as qualitative charactersor as modes, perhaps on the model of Aristotelian qualitative (nonsubstantial) kinds, and I will use the term “properties” interchangeably with “qualities”. The qualities are repeatable and reasonably sparse, although, as I discuss in section 2.6, there are empirical reasons that may suggest, depending on one’s preferred fundamental physical theory, that they include irreducibly intensive qualities. There are no uninstantiated qualities. I also assume that the fundamental qualitative natures are intrinsic, although physics may ultimately suggest that some of them are extrinsic. On my view, matter, concrete objects, abstract objects, and perhaps even spacetime are constructed from mereological fusions of qualities, so the world is simply a vast mixture of qualities, including polyadic properties (i.e., relations). This means that everything there is, including concrete objects like persons or stars, is a quality, a qualitative fusion, or a portion of the extended qualitative fusion that is the worldwhole. I call my view mereological bundle theory. (shrink)

This discussion revises and extends Jonny Anomaly's ‘public goods’ account of public health ethics in light of recent criticism from Richard Dees. Public goods are goods that are both non-rival and non-excludable. What is significant about such goods is that they are not always provided efficiently by the market. Indeed, the state can sometimes realize efficiency gains either by supplying such goods directly or by compelling private purchase. But public goods are not the only goods that the market may fail (...) to provide efficiently. This point to a way of broadening the public goods account of public health to accommodate Dees' counterexamples, without abandoning its distinctive appeal. On the market failures approach to public health ethics, the role of public health is to correct public health-related market failures of all kinds, so far as possible. The underlying moral commitment is to economic efficiency in the sense of Pareto: if we can re-allocate resources in the economy so as to raise the welfare of some without lowering the welfare of any other, we ought to do so. (shrink)

This paper investigates the differences in perceptions between business students and service-sector managers regarding the role that ethics and social responsibility serve in determining organizational effectiveness. An organizational effectiveness instrument containing business ethics and social responsibility items served as a questionnaire for a sample of 151 senior business undergraduates and 53 service-sector managers. The results indicated that while students acting as managers rate some social responsibility issues as more important than do managers, they also rate ethical conduct and a few (...) dimensions of social responsibility lower than do managers. The findings have direct implications for both business practitioners and educators. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 165-189, May 2022. It is generally acknowledged that a certain amount of state intervention in health and health care is needed to address the significant market failures in these sectors; however, it is also thought that the primary rationale for state involvement in health must lie elsewhere, for example in an egalitarian commitment to equalizing access to health care for all citizens. This paper argues that a complete theory of justice in (...) health can be derived from a commitment to correcting market failure, or in other words promoting Pareto-efficiency, in the domain of health. This approach can address familiar problems around access to care, as well as problems related to resource allocation and rationing, the control of health care costs, and the foundations of public health. Egalitarian theories of justice in health cannot make sense of the depth and pervasiveness of state involvement in health and health care; only a theory rooted in the need to correct market failure can. (shrink)

If you utter sentence (1) ‘Obama was born in 1961’ now, you say something true about the past. Since the past will always be such that the year 1961 has the property of being a time in which Obama was born, it seems impossible that could ever be false in a future context of utterance. We shall consider the case of a sentence about the past exactly like (1), but which was true when uttered a few years ago and is (...) no longer true now. On this basis, we shall conclude that the past has changed. (shrink)

I argue that we can understand the de se by employing the subjective mode of presentation or, if one’s ontology permits it, by defending an abundant ontology of perspectival personal properties or facts. I do this in the context of a discussion of Cappelen and Dever’s recent criticisms of the de se. Then, I discuss the distinctive role of the first personal perspective in discussions about empathy, rational deference, and self-understanding, and develop a way to frame the problem of lacking (...) prospective access to your future self as a problem with your capacity to imaginatively empathize with your future selves. (shrink)

The tripartite account of propositional, fallibilist knowledge that p as justified true belief can become adequate only if it can solve the Gettier Problem. However, the latter can be solved only if the problem of a successful coordination of the resources (at least truth and justification) necessary and sufficient to deliver propositional, fallibilist knowledge that p can be solved. In this paper, the coordination problem is proved to be insolvable by showing that it is equivalent to the ''''coordinated attack'''' problem, (...) which is demonstrably insolvable in epistemic logic. It follows that the tripartite account is not merely inadequate as it stands, as proved by Gettier-type counterexamples, but demonstrably irreparable in principle, so that efforts to improve it can never succeed. (shrink)

Many hold that distributing healthcare according to medical need is a requirement of equality. Most egalitarians believe, however, that people ought to be equal on the whole, by some overall measure of well-being or life-prospects; it would be a massive coincidence if distributing healthcare according to medical need turned out to be an effective way of promoting equality overall. I argue that distributing healthcare according to medical need is important for reducing individuals' uncertainty surrounding their future medical needs. In other (...) words, distributing healthcare according to medical need is a natural feature of healthcare insurance; it is about indemnity, not equality. (shrink)

In a recent issue of Philosophy East and West Douglas Berger defends a new reading of Mūlamadhyamakakārikā XXIV : 18, arguing that most contemporary translators mistranslate the important term prajñaptir upādāya, misreading it as a compound indicating "dependent designation" or something of the sort, instead of taking it simply to mean "this notion, once acquired." He attributes this alleged error, pervasive in modern scholarship, to Candrakīrti, who, Berger correctly notes, argues for the interpretation he rejects.Berger's analysis, and the reading of (...) the text he suggests is grounded on that analysis, is insightful and fascinating, and certainly generates an understanding of Nāgārjuna's enterprise that is welcome .. (shrink)

Moral reasoning traditionally distinguishes two types of evil: moral and natural. The standard view is that ME is the product of human agency and so includes phenomena such as war, torture and psychological cruelty; that NE is the product of nonhuman agency, and so includes natural disasters such as earthquakes, floods, disease and famine; and finally, that more complex cases are appropriately analysed as a combination of ME and NE. Recently, as a result of developments in autonomous agents in cyberspace, (...) a new class of interesting and important examples of hybrid evil has come to light. In this paper, it is called artificial evil and a case is made for considering it to complement ME and NE to produce a more adequate taxonomy. By isolating the features that have led to the appearance of AE, cyberspace is characterised as a self-contained environment that forms the essential component in any foundation of the emerging field of Computer Ethics. It is argued that this goes some way towards providing a methodological explanation of why cyberspace is central to so many of CE’s concerns; and it is shown how notions of good and evil can be formulated in cyberspace. Of considerable interest is how the propensity for an agent’s action to be morally good or evil can be determined even in the absence of biologically sentient participants and thus allows artificial agents not only to perpetrate evil but conversely to ‘receive’ or ‘suffer from’ it. The thesis defended is that the notion of entropy structure, which encapsulates human value judgement concerning cyberspace in a formal mathematical definition, is sufficient to achieve this purpose and, moreover, that the concept of AE can be determined formally, by mathematical methods. A consequence of this approach is that the debate on whether CE should be considered unique, and hence developed as a Macroethics, may be viewed, constructively, in an alternative manner. The case is made that whilst CE issues are not uncontroversially unique, they are sufficiently novel to render inadequate the approach of standard Macroethics such as Utilitarianism and Deontologism and hence to prompt the search for a robust ethical theory that can deal with them successfully. The name Information Ethics is proposed for that theory. It is argued that the uniqueness of IE is justified by its being non-biologically biased and patient-oriented: IE is an Environmental Macroethics based on the concept of data entity rather than life. It follows that the novelty of CE issues such as AE can be appreciated properly because IE provides a new perspective. In light of the discussion provided in this paper, it is concluded that Computer Ethics is worthy of independent study because it requires its own application-specific knowledge and is capable of supporting a methodological foundation, Information Ethics. (shrink)

Citizens in wealthy liberal democracies are typically expected to see to basic needs like food, clothing, and shelter out of their own income, and those without the means to do so usually receive assistance in the form of cash transfers. Things are different with health care. Most liberal societies provide their citizens with health care or health care insurance in kind, either directly from the state or through private insurance companies that are regulated like public utilities. Except perhaps for small (...) co-pays or deductibles, citizens are not expected to see to their health needs out-of-pocket, at least for some basic level of care. Instead, when a citizen gets sick, the state or her insurance company foots the... (shrink)

The self can be understood in objective metaphysical terms as a bundle of properties, as a substance, or as some other kind of entity on our metaphysical list of what there is. Such an approach explores the metaphysical nature of the self when regarded from a suitably impersonal, ontological perspective. It explores the nature and structure of the self in objective reality, that is, the nature and structure of the self from without. This is the objective self. I am taking (...) a different approach. In addition to objective reality, which is usually understood and explored from an impersonal, quasi-observational and metaphysically realist perspective, we can also explore the nature and structure of subjective reality. The nature and structure of subjective reality is defined by the nature and structure of first-personal, conscious experience. Subjective reality is as real as objective reality, and a metaphysical realist such as myself can endorse the existence of both kinds of ontology. The mental states that, as experienced from the first-personal or subjective perspective, capture the nature and structure of subjective reality, are included in objective reality. The questions to explore in a subjective ontology of the self concern the nature and structure of the self from the first-personal or subjective perspective, that is, the nature and structure of the self from within. This is the subjective self. (shrink)

The renaissance of epistemology between the two world wars forms a bridge between early modern and contemporary philosophy of knowledge. This paper traces the resurgence of interest in epistemology at the turn of the century, as a reaction against the nineteenth-century development of Neo-Kantian and Neo-Hegelian idealism, through the interwar renaissance of epistemology, prompted by major advances in mathematics, logic, and physics, and its ultimate transformation from a theory of ideas and judgement into a theory of propositional attitudes, sentences, and (...) meanings. (shrink)

Darwinism, especially in the form of the Modern Synthesis, has become one of the most influential theories in the worldwide scientific community. However, due to its often dogmatic interpretation, it is more and more orthodoxical. An increasing number of scientists have come to criticise Darwinism and go beyond it with a systemic approach and an expanded vision of the evolutionary process. As a matter of fact, the discovery of natural genetic engineering mechanisms shows that living cells are able to rewrite (...) their own genetic material at the genomic level, thus leading to evolutionary innovations. This teleological standpoint triggers a paradigm shift that could turn out to be a genuine scientific revolution. (shrink)

Two problems are considered here. One relates to who has moral status, and the other relates to who has moral responsibility. The criteria for mattering morally have long been disputed, and many humans and nonhuman animals have been considered “marginal cases,” on the contested edges of moral considerability and concern. The marginalization of humans and other species is frequently the pretext for denying their rights, including the rights to health care, to reproductive freedom, and to bodily autonomy. There is broad (...) agreement across cultural and philosophical traditions about the capacities and responsibilities of moral agents. I propose an inclusive and expansive way of thinking about moral status, situating it not in the characteristics or capacities of individuals, but in the responsibilities and obligations of moral agents. Moral agents, under this view, are not privileged or entitled to special treatment but rather have responsibilities. I approach this by considering some African communitarian conceptions of moral status and moral agency. I propose that moral agency can also be more expansive and include not just individual moral agents but collective entities that have some of the traits of moral agents: power, freedom, and the capacity to recognize and act on the demands of morality and acknowledge and respect the rights of others. Expanding who and what is a moral agent correspondingly extends moral responsibility for respecting rights and fostering the conditions for the health and well-being of humans and animals onto the collective entities who uniquely have the capacity to attend to global-scale health threats such as pandemics and human-caused climate change. (shrink)

In this paper, I distinguish two conceptions of solidarity, which I call solidarity as beneficence and solidarity as mutual advantage. I argue that only the latter is capable of providing a complete foundation for national universal health care programs. On the mutual advantage account, the rationale for universal insurance is parallel to the rationale for a labor union’s “closed shop” policy. In both cases, mandatory participation is necessary in order to stop individuals free-riding on an ongoing system of mutually advantageous (...) cooperation. (shrink)

Galileo’s Error is a superlative work of public philosophy, particularly as a way of introducing modern academic panpsychism to a broader audience. In this commentary, I reflect on an issue that is prominent, though often with different background concerns, in both academic and popular discourse: what it means to be ‘scientific’ or ‘unscientific’. Panpsychism is not itself a scientific hypothesis, but neither is it (as critics sometimes claim) in conflict with science. Indeed, Goff argues, and I agree, that panpsychism is (...) an eminently scientific worldview, in the sense of a way of viewing reality that accords with and embraces what science reveals. But what exactly it means to ‘accord with and embrace’ science is disputed; this paper tries to untangle some of the threads. (shrink)

This study brings light to the concepts of State and Government in the thought of Marsilio de Padua pointing out to profoundly modern institutions present in the reflection of this medieval philosopher. We attempt to show that Marsilio de Padua reflects based on Aristotle´s categories, but proposes a State and Government conception different from that common place of medieval politics as he insists on the need of the popular consent as a criterion of political legitimacy. -/- O estudo explicita os (...) conceitos de Estado e de Governo no pensamento de Marsílio de Pádua apontando as intuições profundamente modernas presentes na reflexão desse filósofo medieval. Procuramos mostrar que Marsílio reflete com categorias aristotélicas, mas propõe uma concepção de Estado e de Governo que se distancia do lugar comum da reflexão política medieval ao insistir na necessidade do consentimento dos súditos como critério de legitimidade política. (shrink)

Several prominent voices have called for a democratization of science through deliberative processes that include a diverse range of perspectives and values. We bring these scholars into conversation with extant research on democratic deliberation in political theory and the social sciences. In doing so, we identify systematic barriers to the effectiveness of inclusive deliberation in both scientific and political settings. We are particularly interested in what we call misidentified dissent, where deliberations are starkly framed at the outset in terms of (...) dissenting positions without properly distinguishing the kinds of difference and disagreement motivating dissent. (shrink)

Although typical arguments for knitting are that it is useful, therapeutic or the latest trend, I argue that knitting can play a life-changing part in the creation of a person’s self. Knitting can be a genuinely powerful activity, one worthy of respect and admiration.

The purpose of this article is to explore the concept and scope of public health and to argue that particularly in low-income contexts, where social injustice and poverty often impact significantly on the overall health of the population, the link between public health and social justice should be a very firm one. Furthermore, social justice in these contexts must be understood as not simply a matter for local communities and nation-states, but in so far as public health is concerned, as (...) a matter of global concern and responsibility. The interpretation of the scope of public health by any particular nation is I believe contingent on the current socio-political context and the conception of social or distributive justice that underpins this context. Furthermore I will argue here that the link between public health and social justice ought to be founded on a conception of social justice that adequately addresses issues of social injustice, and patterns of systematic disadvantage, that contribute to ill health and that so commonly prevail in many low- and middle-income social contexts. (shrink)

(2002). Phantasy and Wish: A Proper Function Account for Human A-Rational Primary Process Mediated Mentation. Australasian Journal of Philosophy: Vol. 80, No. 1, pp. 1-16.

Commentary on Walsh, E. 2020. Cognitive transformation, dementia, and the moral weight of advance directives. The American Journal of Bioethics. 20(8): 54–64.