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)

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.

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)

This paper is an examination of the concept of recognition and its connection with identity and respect. This is related to the question of how women are or are not adequately recognised or respected for their achievements in sport and whether eliminating sex segregation in sport is a solution. This will require an analysis of the concept of excellence in sport, as well as the relationship between fairness and inclusion in an activity that is fundamentally about bodily movement. I argue (...) that attempts to address the problem of women’s recognition in sport need to do so in ways that neither eliminate sport as a fairness regulated system for developing individual excellence in bodily movement nor that prevent women’s achievement of sporting excellence, with the regard that belongs to them. Doing this requires us to decide whether sport is about champions or about individual excellence. (shrink)

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)

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 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.

Those who have considered the connection between Dewey’s theory of inquiry and Greek thought have mostly situated their remarks within larger points, regarding either teaching and learning (Garrison, 1997; Johnston, 2006b; Cahn, 2007) or aesthetics and craft (Alexander, 1987; Hickman, 1990). The fact that this area remains somewhat underexplored could be chalked up to several factors: 1) Dewey was often quite critical of the classical tradition, particularly when it came to theories of knowledge, 2) Dewey was not a trained classicist, (...) with little working knowledge of ancient Greek, and was self-admittedly not a historian of philosophy, and 3) whenever Dewey did turn positive attention toward ancient thought, he tended to speak in generalities, referring most often to “the Greeks” rather than any particular Greek thinker. In spite of this, there remain many compelling reasons to place Dewey’s views on inquiry in meaningful dialogue with the classical tradition. I will suggest that the most compelling of all is the link between Dewey’s view of inquiry and his particular brand of naturalism, which found its fullest expression late in his career. This is an underappreciated connection in Dewey’s work on inquiry, either taking a backseat to the instrumental, experimental themes in his thought or misinterpreted as a form of positivism/scientism. Once acknowledged, however, this connection could help bring Dewey’s normative, socio-political writings in line with his theories on ontology, logic, and the acquisition of knowledge. (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)

This paper will compare the concept of nature as it appears in the philosophies of the American pragmatist John Dewey and the Chinese text known as the Zhuangzi, with an aim towards mapping out a heuristic program which might be used to correct various interpretive difficulties in reading each figure. I shall argue that Dewey and Zhuangzi both held more complex and comprehensive philosophies of nature than for which either is typically credited. Such a view of nature turns on the (...) notion of continuity, particularly that between an experiencing organism [Dewey’s “live creature”] and the conditioning environment [Zhuangzi’s “crooked tree”]. Where Dewey’s and Zhuangzi’s ideas about nature converge, one finds similarities in prescriptions made for human action, and in the few places where they differ, one finds mutually complementary insights. (shrink)

The no-miracles argument and the pessimistic induction are arguably the main considerations for and against scientific realism. Recently these arguments have been accused of embodying a familiar, seductive fallacy. In each case, we are tricked by a base rate fallacy, one much-discussed in the psychological literature. In this paper we consider this accusation and use it as an explanation for why the two most prominent `wholesale' arguments in the literature seem irresolvable. Framed probabilistically, we can see very clearly why realists (...) and anti-realists have been talking past one another. We then formulate a dilemma for advocates of either argument, answer potential objections to our criticism, discuss what remains (if anything) of these two major arguments, and then speculate about a future philosophy of science freed from these two arguments. In so doing, we connect the point about base rates to the wholesale/retail distinction; we believe it hints at an answer of how to distinguish profitable from unprofitable realism debates. In short, we offer a probabilistic analysis of the feeling of ennui afflicting contemporary philosophy of science. (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)

“Love hurts”—as the saying goes—and a certain amount of pain and difficulty in intimate relationships is unavoidable. Sometimes it may even be beneficial, since adversity can lead to personal growth, self-discovery, and a range of other components of a life well-lived. But other times, love can be downright dangerous. It may bind a spouse to her domestic abuser, draw an unscrupulous adult toward sexual involvement with a child, put someone under the insidious spell of a cult leader, and even inspire (...) jealousy-fueled homicide. How might these perilous devotions be diminished? The ancients thought that treatments such as phlebotomy, exercise, or bloodletting could “cure” an individual of love. But modern neuroscience and emerging developments in psychopharmacology open up a range of possible interventions that might actually work. These developments raise profound moral questions about the potential uses—and misuses—of such anti-love biotechnology. In this article, we describe a number of prospective love-diminishing interventions, and offer a preliminary ethical framework for dealing with them responsibly should they arise. (shrink)

Lawrence Kohlberg's Approach to Moral Education presents what the late Lawrence Kohlberg regarded as the definitive statement of his educational theory. Addressing the sociology and social psychology of schooling, the authors propose that school culture become the center of moral education and research. They discuss how schools can develop as just and cohesive communities by involving students in democracy, and they focus on the moral decisions teachers and students face as they democratically resolve problems. As the authors put it: "...we (...) propose an educational renewal of our democratic society.... We have attempted to establish schools that do more than just teach about democratic citizenship, that are themselves democratic societies.". (shrink)

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)

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.

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)

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)

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)

The Homeostatic Property Cluster (HPC) account of natural kinds has become popular since it was proposed by Richard Boyd in the late 1980s. Although it is often taken as a defining natural kinds as such, it is easy enough to see that something's being a natural kind is neither necessary nor sufficient for its being an HPC. This paper argues that it is better not to understand HPCs as defining what it is to be a natural kind but instead as (...) providing the ontological realization of (some) natural kinds. (shrink)

Some atheistic philosophers have argued that God could have created a world with free moral agents and yet absent of moral evil. Using possible world semantics, Alvin Plantinga sought to defuse this logical form of the problem of evil. In this critical note, Leslie Allan examines the adequacy of Plantinga's argument that the existence of God is logically compatible with the existence of moral evil. The veracity of Plantinga's argument turns on whether his essential use of counterfactual conditionals preserves (...) the logic of this type of conditional. (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)

Given the fact that many people use Wikipedia, we should ask: Can we trust it? The empirical evidence suggests that Wikipedia articles are sometimes quite good but that they vary a great deal. As such, it is wrong to ask for a monolithic verdict on Wikipedia. Interacting with Wikipedia involves assessing where it is likely to be reliable and where not. I identify five strategies that we use to assess claims from other sources and argue that, to a greater of (...) lesser degree, Wikipedia frustrates all of them. Interacting responsibly with something like Wikipedia requires new epistemic methods and strategies. (shrink)

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)

The problem of underdetermination is thought to hold important lessons for philosophy of science. Yet, as Kyle Stanford has recently argued, typical treatments of it offer only restatements of familiar philosophical problems. Following suggestions in Duhem and Sklar, Stanford calls for a New Induction from the history of science. It will provide proof, he thinks, of “the kind of underdetermination that the history of science reveals to be a distinctive and genuine threat to even our best scientific theories” (Stanford 2001, (...) p. S12). This paper examines Stanford’s New Induction and argues that it – like the other forms of underdetermination that he criticizes – merely recapitulates familiar philosophical conundra. (shrink)

God seemingly had a duty to create minds each of infinite worth through possessing God-like knowledge. People might object that God’s own infinite worth was all that was needed, or that no mind that God created could have truly infinite worth; however, such objections fail. Yet this does not generate an unsolvable Problem of Evil. We could exist inside an infinite mind that was one among endlessly many, perhaps all created by Platonic Necessity. “God” might be our name for this (...) Necessity, or for the infinite mind inside which we existed, or for an infinite ocean of infinite minds. (shrink)

In his seminal essay, Harry Frankfurt argued that our exercise of free will and allocation of moral responsibility do not depend on us being able to do other than we did. Leslie Allan defends this moral maxim from Frankfurt's attack. Applying his character-based counterfactual conditional analysis of free acts to Frankfurt's counterexamples, Allan unpacks the confusions that lie at the heart of Frankfurt's argument. The author also explores how his 4C compatibilist theory measures up against Frankfurt’s conclusions.

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)

This chapter focuses on Daoist praxeology and language in order to build something of a moral realist position (the contours of which may differ from most western versions insofar as it need not commit to moral cognitivism) that hinges on the seemingly paradoxical notions of ineffable moral truths and non-transferable moral skill.

Donald Hoffman proposed a bold theory—that objects do not exist independently of us perceiving them and that all that really exists is conscious agents. In this critical review, Leslie Allan examines the three core components of Hoffman's new idealism. He proposes solutions to linguistic absurdities suffered by Hoffman's theory before considering its most serious problems. These include oversimplifications of evolutionary theory, self-refutation, heuristic sterility and dependence on scientific realism.

In this paper I engage interdisciplinary conversation on inaction as the dominant response to climate change, and develop an analysis of the specific phenomenon of complacency through a critical-feminist lens. I suggest that Chris Cuomo's discussion of the “insufficiency” problem and Susan Sherwin's call for a “public ethics” jointly point toward particularly promising harm-reduction strategies. I draw upon and extend their work by arguing that extant philosophical accounts of complacency are inadequate to the task of sorting out what it means (...) to be complacent on climate change. I offer a sketch for an alternative account, which I take to be a start in the direction of mapping out a diverse array of “motivational vices” that need to be named, grappled with, and remedied. (shrink)

Atualmente, biotecnologias são empregadas na forma de protocolos a fim de sincronizar o crescimento folicular e a ovulação, bem como permitir que vacas atuem como receptoras de embriões visando melhorar o potencial genético do rebanho. O objetivo desse estudo foi avaliar o efeito da utilização de implantes intravaginais de progesterona de 1º, 2º e 3º uso no protocolo de transferência de embriões em tempo fixo (TETF) sobre a taxa de prenhez em receptoras girolandas. O experimento ocorreu em uma fazenda localizada (...) no município de São Sebastião do Maranhão (MG). Foram utilizadas 74 vacas submetidas aos seguintes protocolos: No dia 0 (D0) administrou-se 2 ml de 17β-Estradiol e progesterona e foi colocado o implante intravaginal de progesterona. Estes implantes foram colocados de forma aleatória, sendo de 1° uso (grupo 1; n=15), 2° (grupo 2; n=24) ou 3° (grupo 3; n=35).No D8, os implantes foram retirados e administrou-se 2 ml PGF2α; 1,5 ml de eCG e 1 ml de 17β-Estradiol e progesterona. A inovulação dos embriões in vitroo correu no D (16) para todas as vacas que apresentaram um corpo lúteo. As variáveis qualitativas (prenhe ou não prenhe) foram comparadas em tabelas de contingência e analisadas pelo teste de qui-quadrado a 5% de probabilidade. Neste estudo não houve diferença estatística entre os grupos protocolados em relação ao aproveitamento como receptoras: 1º uso (53,3%), 2º (79,2%) e 3º (68,65). Ademais, observou-se uma taxa de prenhez entre os grupos de 37,5% para o 1º uso, 42,1% para o 2º e 33,3% para o 3º (P>0,05). Dentre as vantagens ao reaproveitamento dos implantes multiusos destaca-se a redução dos custos dos protocolos hormonais, já que a progesterona é o hormônio mais oneroso, desta forma, a maximização do uso reduz o valor final do protocolo sem prejuízos a taxa de prenhez. (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.

Philip Kitcher develops the Galilean Strategy to defend realism against its many opponents. I explore the structure of the Galilean Strategy and consider it specifically as an instrument against constructive empiricism. Kitcher claims that the Galilean Strategy underwrites an inference from success to truth. We should resist that conclusion, I argue, but the Galilean Strategy should lead us by other routes to believe in many things about which the empiricist would rather remain agnostic. 1 Target: empiricism 2 The Galilean Strategy (...) 3 Strengthening the argument 4 Success and truth 5 Conclusion. (shrink)

This paper explores ludonarrative dissonance as it occurs in sport, primarily as the conflict experienced by participants between dominant narratives and self-generated interpretations of embodied experience. Taking self-narrative as a social rather than isolated production, the interaction with three basic categories of dominant narrative is explored: transformative, representing a spectrum from revelatory to distorting, bullying and colonising. These forms of dominant narrative prescribe interpretations of the player’s experience of play and of self that displace their own, with the end result (...) of dissonance and self-alienation. (shrink)

The author mounts a case against the libertarian and hard determinist's thesis that free will is impossible in a deterministic world. He charges incompatibilists with misconstruing ordinary 'free will' talk by overlaying common language with their own metaphysical presuppositions. Through a review of ordinary discourse and recent developments in jurisprudence and the sciences, he draws together the four key factors required for an act to be free. He then puts his 4C theory to work in giving a credible account of (...) how caused human agents 'could have done otherwise'. (shrink)

In his seminal essay, 'Two Concepts of Rules', John Rawls draws a central distinction between justifying a practice and justifying a particular action falling under it. In this review, Leslie Allan walks through Rawls's essay, highlighting his key arguments for a strengthened version of rule utilitarianism and reflecting on the lasting influence of his analysis.

The existence of evil, pain and suffering is considered by many philosophers to be the most vexed question concerning the existence of an omnipotent, omniscient and morally perfect deity. Why would a loving God permit wanton acts of cruelty and misery on the scale witnessed throughout human history? In this essay, Leslie Allan evaluates four common theistic responses to this problem, highlighting the benefits and challenges faced by each approach. He concludes with a critical examination of a theistic defence (...) designed to show that the problem of evil is not a problem at all. (shrink)

Some researchers and autistic activists have recently suggested that because some ‘autism-related’ behavioural atypicalities have a function or purpose they may be desirable rather than undesirable. Examples of such behavioural atypicalities include hand-flapping, repeatedly ordering objects (e.g., toys) in rows, and profoundly restricted routines. A common view, as represented in the Diagnostic and Statistical Manual of Mental Disorders (DSM) IV-TR (APA, 2000), is that many of these behaviours lack adaptive function or purpose, interfere with learning, and constitute the non-social behavioural (...) dysfunctions of those disorders making up the Autism Spectrum. As the DSM IV-TR continues to be the reference source of choice for professionals working with individuals with psychiatric difficulties, its characterization of the Autism Spectrum holds significant sway. We will suggest Extended Mind and Enactive Cognition Theories, which theorize that mind (or cognition) is embodied and environmentally embedded, as coherent conceptual and theoretical spaces within which to investigate the possibility that certain repetitive behaviours exhibited by autistics possess functions or purposes that make them desirable. As lenses through which to re-examine ‘autism-related’ behavioral atypicalities, these theories not only open up explanatory possibilities underdeveloped in the research literature, but also cohere with how some autistics describe their own experience. Our position navigates a middle way between the view of autism as understood in terms of impairment, deficit and dysfunction and one that seeks to de-pathologize the Spectrum. In so doing we seek to contribute to a continuing dialogue between researchers, clinicians and self- or parent advocates. (shrink)

Meta-induction, in its various forms, is an imitative prediction method, where the prediction methods and the predictions of other agents are imitated to the extent that those methods or agents have proven successful in the past. In past work, Schurz demonstrated the optimality of meta-induction as a method for predicting unknown events and quantities. However, much recent discussion, along with formal and empirical work, on the Wisdom of Crowds has extolled the virtue of diverse and independent judgment as essential to (...) maintenance of 'wise crowds'. This suggests that meta-inductive prediction methods could undermine the wisdom of the crowd inasmuch these methods recommend that agents imitate the predictions of other agents. In this article, we evaluate meta-inductive methods with a focus on the impact on a group's performance that may result from including meta-inductivists among its members. In addition to considering cases of global accessibility (i.e., cases where the judgments of all members of the group are available to all of the group's members), we consider cases where agents only have access to the judgments of other agents within their own local neighborhoods. (shrink)

This paper considers the importance of play as a conventional space for hypothetical self-expression and self-trial, its importance for determination of identity, and for development of self-possibilities. Expanding such possibilities in play enables challenging of socially entrenched assumptions concerning possible and appropriate identities. Discussion is extended to the contexts of gender performance (drag) and sport-play. It is argued that play proceeds on the basis of a fundamental pretence of reality that must be taken seriously by its participants; this discussion includes (...) considerations of serious and ironical play, “playing-at”, and travesty. (shrink)

It has been common wisdom for centuries that scientific inference cannot be deductive; if it is inference at all, it must be a distinctive kind of inductive inference. According to demonstrative theories of induction, however, important scientific inferences are not inductive in the sense of requiring ampliative inference rules at all. Rather, they are deductive inferences with sufficiently strong premises. General considerations about inferences suffice to show that there is no difference in justification between an inference construed demonstratively or ampliatively. (...) The inductive risk may be shouldered by premises or rules, but it cannot be shirked. Demonstrative theories of induction might, nevertheless, better describe scientific practice. And there may be good methodological reasons for constructing our inferences one way rather than the other. By exploring the limits of these possible advantages, I argue that scientific inference is neither of essence deductive nor of essence inductive. (shrink)

This paper refines a number of theoretical distinctions relevant to deceptive play, in particular the difference between merely misleading actions and types of simulation commonly considered beyond the pale, such as diving. To do so, I rely on work in the philosophy of language about conversational convention and implicature, the distinction between lying and misleading, and their relation to concepts of seduction and bullshit. The paper works through a number of possible solutions to the question of what is wrong with (...) simulation and its difference from strategic fouling, including the argument that games and their rules operate like contracts. I conclude that the wrongness lies in the injustice of unfair advantage gained through actions that silence opposition by resort to unanswerable play. (shrink)