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)

Since the global financial crisis in 2008, corporations have faced a crisis of trust, with growing sentiment against ‘elites and ‘big business’ and a feeling that ‘something ought to be done’ to re-establish public regard for corporations. Trust and trustworthiness are deeply moral significant. They provide the ‘glue or lubricant’ that begets reciprocity, decreases risk, secures dignity and respect, and safeguards against the subordination of the powerless to the powerful. However, in deciding how to restore trust, it is difficult to (...) determine precisely what should be done, by whom, and who will bear the cost, especially if any action involves a risk to overall market efficiency and corporate profitability. The paper explores whether corporations have a moral duty to be trustworthy, to bear the cost of being so and thus contribute to resolving the current crisis of trust. It also considers where the state and other social actors have strong reason to protect and enforce such moral rights, while acknowledging that other actors have similar obligations to be trustworthy. It outlines five ‘salient factors’ that trigger specific rights to trustworthiness and a concomitant duty on corporations to be trustworthy: market power, subordination (threat and intimidation), the absence of choice, the need to preserve systemic trust, and corporate political power which might undermine a state’s legitimacy. Absent these factors and corporations do not have a general duty to be trustworthy, since a responsible actor in fair market conditions should be able to choose between the costs and benefits of dealing with generally trustworthy corporations. (shrink)

At a time when nationalism is rising and support for democratic values is declining, this paper considers the role that businesses and corporations play in building and undermining social trust. It was published as part of the Future of the Corporation programme led by the British Academy.

This essay will examine scholarly attempts at distilling a proto-ethical philosophy from the Daoist classic known as the Zhuangzi. In opposition to interpretations of the text which characterize it as amoralistic, I will identify elements of a natural normativity in the Zhuangzi. My examination features passages from the Zhuangzi – commonly known as the “knack” passages – which are often interpreted through some sort of linguistic, skeptical, or relativistic lens. Contra such readings, I believe the Zhuangzi prescribes an art of (...) living – or shù [術] – which incorporates a few motifs familiar to certain threads of philosophical naturalism. Building on existing scholarship which treats of the praxeology of the text, I argue that the naturalist themes present in the Zhuangzi support an unusual, but robust, view of moral expertise. (shrink)

Over the last eighty years, studies in play have carved out a small, but increasingly significant, niche within the social sciences and a rich repository has been built which underscores the importance of play to social, cultural, and psychological development. The general point running through these works is a philosophical recognition that play should not be separated from the trappings of everyday life, but instead should be seen as one of the more primordial aspects of human existence. Gadamer is one (...) philosopher frequently associated with interest in play. In his magnum opus, Truth and Method (1960), Gadamer insisted the significance of play to human understanding is not merely recreational, but rather it discloses the full context of any given situation by promoting a freedom of possibilities within the horizon of one’s own life-world (i.e. the world directly and immediately experienced). As such, his philosophical analysis of play was essential to his overall project of philosophical hermeneutics as it can explain how meaning is not derived from something essential within a text, but rather considered from a full range of possibilities. There are good reasons to expand on that understanding of play within philosophical studies and we suggest one way to do so is to compare Gadamer’s treatment of play with similar ideas from thinkers often associated with other philosophical schools. Although there are other candidates (e.g. Wittgenstein’s language games) for such an analysis, we limit our comparison here to the notion of transaction, as treated by the American pragmatist John Dewey in his volume Knowing and the Known (co-authored with Arthur Bentley in 1949). Because Dewey tied his conception of transaction to an overarching philosophy of inquiry, we believe comparing it to Gadamer’s use of play can highlight the deep philosophical import of this concept to the understanding of philosophical inquiry. (shrink)

The focus of this paper will be on the earliest Greek treatments of impulse, motivation, and self-animation – a cluster of concepts tied to the hormē-conatus concept. I hope to offer a plausible account of how the earliest recorded views on this subject in mythological, pre-Socratic, and Classical writings might have inspired later philosophical developments by establishing the foundations for an organic, wholly naturalized approach to human inquiry. Three pillars of that approach which I wish to emphasize are: practical intelligence (...) (i.e., a continuity between knowing and doing), natural normativity (i.e., a continuity between human norms and the environment), and an ontology of philosophical dialectic (i.e., a continuity between the growth of human understanding and the growth of physis). (shrink)

Ian Rumfitt has argued that rational adjudication against classical logic in quantum mechanics is not only unnecessary, but impossible as well. I explain why the argument fails.

CONFERENCE PAPER: In the early 20th century, John Dewey helped revolutionize the way education was thought of in the United States. Nearly fifty years after his death, however, much of his vision is still yet to be realized. Perhaps one explanation for this would be that educators have not yet embraced the most important feature of Dewey’s thinking on education, viz. that education as a cumulative process is a interwoven with the continuous developments in social and ethical life, indeed culture (...) itself. As he put it, “Education is a social process; education is growth; education is not preparation for life but is life itself.” When such a view is taken seriously, education becomes coextensive to the values and traditions that we call culture. This is the way that the ancients in Greece through the concept of paideia (perfectly reflected in the gnomic expression, “As I grow old I continue being educated.”) and in China (through the idea of xué) viewed education. This essay will explore how Dewey’s ideas reflected these earlier philosophies of education and the ways in which thinking about education as growth, a là Dewey, can supplement them. (shrink)

Efforts to bridge emotion theory with neurobiology can be facilitated by dynamic systems (DS) modeling. DS principles stipulate higher-order wholes emerging from lower-order constituents through bidirectional causal processes cognition relations. I then present a psychological model based on this reconceptualization, identifying trigger, self-amplification, and self-stabilization phases of emotion-appraisal states, leading to consolidating traits. The article goes on to describe neural structures and functions involved in appraisal and emotion, as well as DS mechanisms of integration by which they interact. These mechanisms (...) include nested feedback interactions, global effects of neuromodulation, vertical integration, action-monitoring, and synaptic plasticity, and they are modeled in terms of both functional integration and temporal synchronization. I end by elaborating the psychological model of emotion–appraisal states with reference to neural processes. (shrink)

Ambiguity in the athlete’s perception and description of pain that opens the door to a series of reinterpretations of athletic experience and events that argue the development of an increasingly inauthentic relation to self and others on the part of those who consume performance as third parties (spectators) and ultimately those who produce it first hand (athletes). The insertion of the spectator into the sport situation as a consumer of the athlete’s activity and the preference given to spectator interpretation shift (...) control of meaning away from the athlete and encourage a demand for athlete suffering in aid of the spectator’s own need for meaning. Through discussions of the function of narrative in sport spectacle, the witnessing role of spectators, and the phenomenon of vicarious substitution, I discuss the representation of the athlete as a character ideal and moral exemplar. At a more developed level of external interpretation, the athlete (or team) becomes the champion of the spectator, the role model or focal point of civic pride whose victory asserts the ascendence of my team and town over yours; and finally, the athlete or team is the intentional object of fan identification: my team is me. I conclude that the existential commitment of the spectator as devoted fan is an inauthentic one. (shrink)

Two prevalent assumptions in the philosophy of sport literature are that all sports are games and that all games are contests, meant to determine who is the better at the skills definitive of the sport. If these are correct, it would follow that all sports are contests and that a range of sporting activities, including nature sports, are not in fact sports at all. This paper first confronts the notion that sport and games must seek to resolve skill superiority through (...) consideration of sport activities that have no such aim. The reduction of sport to game is also shown to be untenable and due to misunderstanding the point of sport activities, specifically, why people engage in them. This leads to reconsideration of the dominance of an instrumental conception of sport and the pursuit of excellence as anthropomaximising efficiency. The Norwegian tradition of frilutsliv is explored as a counterpoint to both conventional and nature sport. (shrink)

Deflationary views have emerged in many areas of philosophy over the past several decades. In the art world, one of the most significant deflationary approaches toward aesthetic experience has been taken by Noël Carroll in his collection of essays, Beyond Aesthetics (2001). The modus operandi of such an approach, according to Carroll, is to emphasize the context (historical, cultural, political, etc.) in which an art experience is embedded and explain its significance relative to a particular narrative. Interestingly, there is a (...) precursor to this type of view that predates it by roughly eighty years. This is the account of aesthetic experience given by John Dewey. Although Carroll acknowledges Dewey’s contribution to the concept of aesthetic experience, he fails to see how Dewey laid some of the groundwork for not only his own deflationary account but also for a conception of aesthetic experience that is continuous with other facets of human experience. This paper will highlight the similarities between the two approaches with the aim of establishing Dewey’s work as a forerunner to deflationary-type approaches. (shrink)

Leslie Allan demonstrates how human rights are unproblematic for utilitarian moral theory and how, upon consideration, utilitarianism turns out to be the best theory for justifying human rights. Using case studies of historical and contemporary human rights conventions and recent psychological research, he argues how our concept of human rights is founded on the satisfaction of fundamental human needs and the consequences for human happiness.

Excellence in sport performance is normally taken to be a matter of superior performance of physical movements or quantitative outcomes of movements. This paper considers whether a wider conception can be afforded by certain kinds of nature based sport. The interplay between technical skill and aesthetic experience in nature based sports is explored, and the extent to which it contributes to a distinction between different sport-based approaches to natural environments. The potential for aesthetic appreciation of environmental engagement is found to (...) be strongly dependent on whether or not environmental engagement is exploited for the end of producing a quantifiable result or enhancing technical skill. It is also argued that an existential rather than spectatorial attitude to aesthetic experience is offered by specifically nature oriented sport. Aesthetic experience achieved in this way is therefore neither passive nor detached, but extends Berleant's concept of participatory environmental aesthetics and underpins both an alternate (wide) conception of excellence in sport activity and a richer experience of aesthetic engagement than more objectivised standpoints. (shrink)

The concept of acting intentionally is an important nexus where ‘theory of mind’ and moral judgment meet. Preschool children’s judgments of intentional action show a valence-driven asymmetry. Children say that a foreseen but disavowed side-effect is brought about 'on purpose' when the side-effect itself is morally bad but not when it is morally good. This is the first demonstration in preschoolers that moral judgment influences judgments of ‘on-purpose’ (as opposed to purpose influencing moral judgment). Judgments of intentional action are usually (...) assumed to be purely factual. That these judgments are sometimes partly normative — even in preschoolers — challenges current understanding. Young children’s judgments regarding foreseen side-effects depend upon whether the children process the idea that the character does not care about the side-effect. As soon as preschoolers effectively process the ‘theory of mind’ concept, NOT CARE THAT P, children show the side-effect effect.idea.. (shrink)

This paper responds to Kevin Krein’s claim in that the particular value of nature sports over traditional ones is that they offer intensity of sport experience in dynamic interaction between an athlete and natural features. He denies that this intensity is derived from competitive conflict of individuals and denies that nature sport derives its value from internal conflict within the athlete who carries out the activity. This paper responds directly to Krein by analysing ‘intensity’ in sport in terms of the (...) relationship between attention and reflection and the interaction between self and environment. I reply directly to Krein’s rejection of self-competition as based on a mischaracterisation of internal struggle and argue that the weighing of incompatible desires does not involve a fragmented self. I argue that the unique intensity to which Krein refers is strongly comparable to the Kantian conception of the sublime and explore how sublime experience fits Krein’s account and outline some serious problems that such an ideal of experience poses for nature sport. (shrink)

Moral philosophers are, among other things, in the business of constructing moral theories. And moral theories are, among other things, supposed to explain moral phenomena. Consequently, one’s views about the nature of moral explanation will influence the kinds of moral theories one is willing to countenance. Many moral philosophers are (explicitly or implicitly) committed to a deductive model of explanation. As I see it, this commitment lies at the heart of the current debate between moral particularists and moral generalists. In (...) this paper I argue that we have good reasons to give up this commitment. In fact, I show that an examination of the literature on scientific explanation reveals that we are used to, and comfortable with, non-deductive explanations in almost all areas of inquiry. As a result, I argue that we have reason to believe that moral explanations need not be grounded in exceptionless moral principles. (shrink)

This tutorial is for beginners wanting to learn the basics of propositional logic; the simplest of the formal systems of logic. Leslie Allan introduces students to the nature of arguments, validity, formal proofs, logical operators and rules of inference. With many examples, Allan shows how these concepts are employed through the application of three different methods for proving the formal validity of arguments.

Advancing a radically enactive account of cognition, we provide arguments in favour of the possibility that cultural factors permeate rather than penetrate cognition, such that cognition extensively and transactionally incorporates cultural factors rather than there being any question of cultural factors having to break into the restricted confines of cognition. The paper reviews the limitations of two classical cognitivist, modularist accounts of cognition and a revisionary, new order variant of cognitivism – a Predictive Processing account of Cognition, or PPC. It (...) argues that the cognitivist interpretation of PPC is conservatively and problematically attached to the idea of inner models and stored knowledge. In abandoning that way of understanding PPC, it offers a radically enactive alternative account of how cultural factors matter to cognition – one that abandons all vestiges of the idea that cultural factors might contentfully communicate with basic forms of cognition. In place of that idea, the possibility that culture permeates cognition is promoted. (shrink)

Aristotle’s dialogue Protrepticus is not only his earliest work of ethics but also the root of all his subsequent investigations into ethics. Here we explore the various ways Aristotle retained in memory the contents of the Protrepticus and redeployed them in the Eudemian Ethics, including the common books. Since Aristotle himself does not explicitly acknowledge the foundational significance of the Protrepticus to his later works, our exploration must proceed on the basis of our knowledge of the earlier work, which can (...) then related to comparable passages in the treatises. But the Protrepticus is a lost work, unlike the EE and the EN, in the sense that no medieval manuscripts of it have survived. And so it first needs to be reconstructed on the basis of the streams of reception that deposited information in surviving works by later ancient authors. We begin in part 1 by reviewing the surviving evidence of the Protrepticus before presenting our wider reconstruction and conception of the work as a dialogue in part 2. In part 3, we discuss ideas and arguments in the reconstructed dialogue that are retained and redeployed in the Eudemian Ethics, focussing on the account of intellectual virtues in EE v and the introduction and methodological framework in EE i-ii.1. (shrink)

People often fail to comply with the demands of morality. Partial compliance theory takes this noncompliance or its possibility into account in the formulation of moral requirements for people to comply with, or in the evaluation of people’s actions against those requirements. This chapter critically engages with recent work on partial compliance theory. It examines the relationship between noncompliance and injustice, assesses different ways of doing partial compliance theory, sketches the relationship between partial compliance theory and other central methodological debates (...) in moral and political philosophy, and considers whether it is reasonable to issue moral requirements without examining what would happen if everyone did their part. (shrink)

Some moral theorists argue that being an innocent beneficiary of significant harms inflicted by others may be sufficient to ground special duties to address the hardships suffered by the victims, at least when it is impossible to extract compensation from those who perpetrated the harm. This idea has been applied to climate change in the form of the beneficiary-pays principle. Other philosophers, however, are quite sceptical about beneficiary pays. Our aim in this article is to examine their critiques. We conclude (...) that, while they have made important points, the principle remains worthy of further development and exploration. Our purpose in engaging with these critiques is constructive — we aim to formulate beneficiary pays in ways that would give it a plausible role in allocating the cost of addressing human-induced climate change, while acknowledging that some understandings of the principle would make it unsuitable for this purpose. (shrink)

There is growing attention towards atypical brain-body interactions and interoceptive processes and their potential role in psychiatric conditions, including affective and anxiety disorders. This paper aims to synthesize recent developments in this field. We present emerging explanatory models and focus on brain-body coupling and modulations of the underlying neurocircuitry that support the concept of a continuum of affective disorders. Grounded in theoretical frameworks like peripheral theories of emotion and predictive processing, we propose that altered interoceptive processes might represent transdiagnostic mechanisms (...) that confer common vulnerability traits across multiple disorders. A deeper understanding of the interplay between bodily states and neural processing is essential for a holistic conceptualization of mental disorders. (shrink)

Journal of Social Philosophy, EarlyView.

In a recent paper, Kevin Krein argues that the notion of self-competition is misplaced in adventure sports and of only limited application altogether, for two main reasons: (i) the need for a consistent and repeatable measure of performance; and (ii) the requirement of multiple competitors. Moreover, where an individual is engaged in a sport in which the primary feature with which they are engaged is a natural one, Krein argues that the more accurate description of their activity is not 'competition', (...) but an attempt at harmonious interaction. I raise a number of problems against both criteria and argue that traditional and adventure sports do both involve self-competition on at least two levels: bettering one's previous performance and resisting the desire to quit. I argue that self-reflexive competition is not so much with one's self (which is philosophically absurd), but within one's self, between conflicting motivations and desires. I explore what is involved in self-reflexive competition, particularly at a phenomenological, self-constituting level, and raise the question of whether it is appropriate for activity in wilder natural environments. (shrink)

Hayek’s philosophical psychology as set out in his The Sensory Order (1952) has, for the most part, been neglected. Despite being lauded by computer scientist grandee Frank Rosenblatt and by Nobel prize-winning biologist Gerald Edelman, cognitive scientists -- with a few exceptions -- have yet to discover Hayek’s philosophical psychology. On the other hand, social theorists, Hayek’s traditional disciplinary constituency, have only recently begun to take note and examine the importance of psychology in the complete Hayek corpus. This volume brings (...) together for the first time state-of-the-art contributions from neuroscientists and philosophers of mind as well as economists and social theorists, all critically engaging in many aspects of Hayek’s philosophical psychology. (shrink)

In recent decades, there has been growing interest among philosophers in what the various Buddhist traditions have said, can say, and should say, in response to the traditional problem of free will. This article investigates the relationship between Buddhist philosophy and the historical problem of free will. It begins by critically examining Rick Repetti's Buddhism, Meditation, and Free Will (2019), in which he argues for a conception of “agentless agency” and defends a view he calls “Buddhist soft compatibilism.” It then (...) turns to a more wide‐ranging discussion of Buddhism and free will—one that foregrounds Buddhist ethics and takes seriously what the various Buddhist traditions have said about desert, punishment, and the reactive attitudes of resentment, indignation, and moral anger. The article aims to show that, not only is Buddhism best conceived as endorsing a kind of free will skepticism, Buddhist ethics can provide a helpful guide to living without basic desert moral responsibility and free will. (shrink)

Antiquated Classical pictures of the universe have been formative in shaping the modern idea that, to the extent change is caused, it is fixed in advance. This idea has played a role in making it seem to many that what we are discovering through science supports the exclusion of free will from models for the relevant neural and bodily changes. I argue that giving up this unwarranted notion about causation opens us to the likelihood that how a person expresses free (...) will offers unique explanatory value. I then briefly discuss some further issues with either including or excluding expressions of free will from our explanations, as well as some implications for AI and everyday life. (shrink)

Previous discussions on the value of sport in remote locations have concentrated on 1) environmental and process concerns, with the rejection of competition and goal-directed or use oriented activity, or 2) the value of risk and dangerous sport for self-affirmation. It is argued that the value of risk in remote sport is in self-knowledge rather than self-affirmation and that risk in remote sport, while enhancing certain kinds of experience, is not necessary. The value of remote sport is in offering the (...) opportunity for experience that enhances the participants’ knowledge both of self and of the environment with which they interact. (shrink)

The reasoning view of rational normativity claims that structural rationality is normative for reasoning. Specifically, it claims that structural rationality gives us reasons to structure deliberation in ways that respect the requirements of rationality. This paper critically assesses the reasoning view. It argues that while the reasoning view might succeed in responding to arguments against the normativity of rationality, it is in tension with the motivations for thinking that rationality is normative in the first place. Moreover, proponents of the view (...) do not offer any independent reason for thinking that the view is true. As such, we have no reason to accept the reasoning view. (shrink)

Richard Rorty’s conception of literature has been criticised more than acclaimed. While Rorty certainly has impacted literary studies, a comprehensive account of his understanding of literature is still lacking. Moreover, while literature is seen as significant to his later work, the philosophical role this plays in Rortyan thought is underexamined and underappreciated. This paper aims to provide an account of the role of literature and the “literary” in Rorty’s philosophy and the functions he assigns to literature and poetry – in (...) a broad and narrow sense – in democratic cultures. Beginning with an account of Rorty’s conceptions of metaphor and “unfamiliar” language, it draws on this to explain Rorty’s parallel view of literature in the “narrower sense” as playing the same role in culture as metaphors do in language. “Stimulating” literature unsettles settled selves and beliefs and expands human imagination. Using Rorty’s readings of Lolita and 1984 as examples, it shows that to him, literature not only plays a part in increasing empathy and solidarity but has a distinct therapeutic epistemological task: it helps individuals and societies adopt a more pluralist, ironist, post-metaphysical outlook. Both are important democratic functions. For these reasons, Rorty recommends that we work to realise a “literary” culture that rejects any ontologically inflected distinctions between kinds of texts, where philosophy becomes comparative “literary” criticism, and we see literature in the “narrower sense” as equally necessary material for making selves, communities and just institutions as any philosophical or political treatise. (shrink)

Merleau-Ponty suggests in his Nature lectures that myth provides the best way into thinking the relation of strange kinship between humanity and animality. He goes on to refigure Husserl’s paradigm of the two hands touching to extend beyond merely human-to-human relations, invoking in the process the myth of Narcissus. By carefully examining Merleau-Ponty’s late refiguration of that paradigm, alongside the revised conception of narcissism that it helps him to develop, we find that while human-animal empathy is made possible by a (...) ground of intercorporeal kinship, human-animal estrangement makes possible the emergence of an ethical relation to other animals, contingent upon the sublimation of animal desire. Holding human-animal kinship and estrangement in tension reveals a nascent ideal present implicitly in the early stages of childhood development: a vision of the possibility of interspecies harmony, rooted in the bodily reciprocity that drives the process of self-maturation. (shrink)

This paper traces the philosophical concept of life prior to Kant and uses this to contextualize his account of aesthetic judgment as a form of life. It argues on this basis that, according to Kant, the form that taste claims for itself, as explicated in its four moments, results in a demand being placed on the transcendental philosopher to admit the idea of an ultimate subjective basis of all cognitive activities in human beings, that is, a shared principle and form (...) of cognititive life htat is uniquely human. (shrink)

As a non-cognitivist analysis of moral language, Charles Stevenson's sophisticated emotivism is widely regarded by moral philosophers as a substantial improvement over its historical antecedent, radical emotivism. None the less, it has come in for its share of criticism. In this essay, Leslie Allan responds to the key philosophical objections to Stevenson's thesis, arguing that the criticisms levelled against his meta-ethical theory rest largely on a too hasty reading of his works.

One branch of bioethics assumes that mainly agents of the state are responsible for public health. Following Susan Sherwin’s relational ethics, we suggest moving away from a “state-centered” approach toward a more thoroughly relational approach. Indeed, certain agents must be reconstituted in and through shifting relations with others, complicating discussions of responsibility for public health. Drawing on two case studies—the health politics and activism of the Black Panther Party and the work of the Common Ground Collective in post-Katrina New Orleans—we (...) argue for the need to attend more carefully to the limitations of states and state-driven public health programs. (shrink)

Math prospective teachers must be able to think creatively and solve problems. The study looked into preservice teachers’ creative thinking and problem-solving abilities in statistics. The investigation was guided by a correlational design in a public university in the Philippines. Stratified random sampling was used to select the 103 study participants from two teacher education programs. Through google forms, data were collected using Torrance et al. (2008)’s tests of creative thinking and researcher-made statistics problem test. The findings revealed that preservice (...) teachers have commendable creative thinking, particularly fluency, flexibility, and elaboration skills. Still, they lack problem-solving skills in statistics, specifically with central tendency, dispersion, and position measures. The correlational analysis revealed no link between creative thinking and problem-solving. Still, creative thinking and problem-solving courses are recommended to help preservice teachers develop their fundamental skills as mathematics educators. (shrink)

Wicked problems are tricky to solve because of their many interconnected components and a lack of any single optimal solution. At the science–policy interface, all problems can look wicked: research exposes the complexity that is relevant to designing, executing and implementing policy fit for ambitious human needs. Expertise in philosophical research can help to navigate that complexity.

There is no such thing as moral luck or everyone is profoundly mistaken about its nature and a radical rethinking of moral luck is needed. The argument to be developed is not complicated, and relies almost entirely on premises that should seem obviously correct to anyone who follows the moral luck literature. The conclusion, however, is surprising and disturbing. The classic cases of moral luck always involve an agent who lacks control over an event whose occurrence affects her praiseworthiness or (...) blameworthiness. Close examination of what it is to have control or to lack it reveals the logical space for counterexamples that do not fit the pattern constitutive of moral luck, and so unravel the whole. (shrink)

Since the inception of the euthanasia debate, the differentiation be-tween active and passive euthanasia – distinguishing between “let-ting die” and “actively killing” – has emerged as a central point of contention. In this paper, we will contend that: a) the boundary be-tween active and passive euthanasia is inherently nebulous, b) there exists no morally substantive disparity between active and passive euthanasia, and c) if such a disparity could be admitted, it would probably favor active euthanasia over passive. We will seek (...) support for this final claim of ours in the three principal traditions of norma-tive ethics, namely deontology, utilitarianism, and virtue ethics. (shrink)

This chapter traces the origins of Kant's perfectionism, and so of his moral law, to the formal conception of 'nature' that emerges from his reflection on the work of Wolff and Baumgarten. The conceptual preparation for this move turns upon two hinges, both of which trace to Baumgarten's subtle modifications of Wollffian perfectionism, namely, his fuller articulation of a non-consequentialist, internal morality of actions and what I call a 'hyper-Leibnizian' account of the idea and formal structure of nature itself. The (...) fourth section shows how Kant discovers a new account of the a priori origin of this formal structure, which, when combined with his conception of unconditioned or transcendental freedom, allows him to locate an unconditioned, hence genuinely moral law, in freedom's lawlike unconditioned, intetentional imiposition of this same formal strcture, this homologia, on all its actions. In this way, the neo-Stoicism found in the earlier rationalist tradition, which bits us to 'live according to nature,' becomes in Kant the absolute duty to live according to reason's pure, a priori idea of a nature. (shrink)

In this address, Leslie Allan shares his early experiences and how they shape his humanist outlook today. He then outlines what he considers to be the three core principles underlying the humanist world view and illustrates their application with historical and contemporary examples. He concludes by drawing upon each of these principles to tease out what it means to live a good life; a life of meaning and purpose.

Monists, pluralists, and particularists disagree about the structure of the best explanation of the rightness (wrongness) of actions. In this paper I argue that the availability of good moral advice gives us reason to prefer particularist theories and pluralist theories to monist theories. First, I identify two distinct roles of moral theorizing—explaining the rightness (wrongness) of actions, and providing moral advice—and I explain how these two roles are related. Next, I explain what monists, pluralists, and particularists disagree about. Finally, I (...) argue that particularists and pluralists are better situated than monists to explain why it is a good idea to think before we act, and that this gives us reason to favor particularism and pluralism over monism. (shrink)

When evidence-based policymaking is so often mired in disagreement and controversy, how can we know if the process is meeting its stated goals? We develop a novel mathematical model to study disagreements about adequate knowledge utilization, like those regarding wild horse culling, shark drumlines and facemask policies during pandemics. We find that, when stakeholders disagree, it is frequently impossible to tell whether any party is at fault. We demonstrate the need for a distinctive kind of transparency in evidence-based policymaking, which (...) we call transparency of reasoning. Such transparency is critical to the success of the evidence-based policy movement, as without it, we will be unable to tell whether in any instance a policy was in fact based on evidence. (shrink)

Abstract: The integration of Artificial Intelligence (AI) into medical imaging represents a transformative shift in healthcare, offering significant improvements in diagnostic accuracy, efficiency, and patient outcomes. This paper explores the application of AI technologies in the analysis of medical images, focusing on techniques such as convolutional neural networks (CNNs) and deep learning models. We discuss how these technologies are applied to various imaging modalities, including X-rays, MRIs, and CT scans, to enhance disease detection, image segmentation, and diagnostic support. Additionally, the (...) paper addresses the challenges faced in AI-driven medical imaging, including data quality, model interpretability, and ethical considerations. By examining recent advancements and real-world case studies, this paper provides insights into the current state of AI in medical imaging and its potential future directions. The findings highlight the ongoing evolution of AI technologies and their crucial role in advancing medical diagnostics and treatment strategies. (shrink)

Many of us read Peter Singer ’ s work on our obligations to those in desperate need with our students. Famously, Singer argues that we have a moral obligation to give a significant portion of our assets to famine relief. If my own experience is not atypical, it is quite common for students, upon grasping the implications of Singer ’ s argument, to ask whether Singer gives to famine relief. In response it might be tempting to remind students of the (...) ad hominem fallacy of attacking the person advancing an argument rather than the argument itself. In this paper I argue that the “ ad hominem reply ” to students ’ request for information about Singer is misguided. First I show that biographical facts about the person advancing an argument can constitute indirect evidence for the soundness / unsoundness of the argument. Second, I argue that such facts are relevant because they may reveal that one can discard the argument without thereby incurring moral responsibility for failing to act on its conclusion even if the argument is sound. (shrink)

A number of cognitive and behavioral variables influence the performance in tasks of theory of mind (ToM). Since two of the most important variables, memory and explicit expression, are impaired in schizophrenic patients, the ToM appears inconsistent in these patients. An ideal instrument of ToM should therefore account for deficient memory and impaired ability of these patients to explicitly express intentions. If such an instrument is developed, it should provide information that can be used not only to understand the pathophysiology (...) but also to monitor patients. (shrink)