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)

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.

Teachers encountered numerous challenges posed by the COVID-19 outbreak. Herewith, this study aimed to determine the challenges encountered by Filipino teachers in the new normal and their coping mechanisms. This study employed a qualitative inquiry to determine the challenges encountered and coping mechanisms employed by teachers amid modular instruction, involving 10 teachers from five secondary schools in the Philippines who participated voluntarily. Data were gathered through a written narrative from each participant and were analyzed thematically. Themed findings showed that these (...) teachers are greatly challenged in terms of learning quality transfer, module distribution and retrieval, students’ difficulties in following instruction, power disruption, internet connection, and health risks posed by the pandemic. Nevertheless, these teachers dealt with these difficulties by employing their own coping techniques. Teaching can be challenging and frustrating, especially in these difficult times, but as these teachers demonstrated, everything is possible. Hence, educators must be ready for any situation that may arise. This situation is unlikely to get better anytime soon; instead, teachers will need to adjust to and accept this reality. (shrink)

This paper -distinguishes between the Hypothesis of Extended Cognition and the Hypothesis of Embedded Cognition, characterizing them as competitors (both motivated by situated, interactive cognitive processing, with the latter being the more conservative of the two interpretations of the data) -clarifies the relation between content externalism and extended cognition -introduces the problem of cognitive bloat, as part of a critical discussion of Clark and Chalmers's "past-endorsement criterion" (if the criterion is embraced, we privilege the internal, endorsing process -- which looks (...) more like an embedded view -- and if the criterion is rejected, bloat follows) and as a problem for extended views more generally -develops a dilemma critical of Clark and Chalmers's "explanatory kinds" argument for extended mind and cognition (arguing that their reasoning faces serious problems regardless of whether one individuates the kinds in question in a fine-grained or a coarse-grained way) -argues that an appeal to functionalism doesn't resolve the issue -argues for the priority, in debates about extended cognition, of the identification of cognitive systems (e.g., because a functionalist approach can't be applied unless we already know what count as inputs and outputs, which requires having already identified the boundaries of the cognitive system). (shrink)

Many philosophers are impressed by the progress achieved by physical sciences. This has had an especially deep effect on their ontological views: it has made many of them physicalists. Physicalists believe that everything is physical: more precisely, that all entities, properties, relations, and facts are those which are studied by physics or other physical sciences. They may not all agree with the spirit of Rutherford's quoted remark that 'there is physics; and there is stamp-collecting',' but they all grant physical science (...) a unique ontological authority: the authority to tell us what there is. Physicalism is now almost orthodox in much philosophy, notably in much recent philosophy of mind. But although often invoked, it is rarely explicitly defined. It should be. The claim that everything is physical is not as clear as it seems. In this paper, we examine a number of proposed definitions of physicalism and reasons for being a physicalist. We will argue both that physicalism lacks a clear and credible definition, and that in no non-vacuous interpretation is it true. We are concerned here only with physicalism as a doctrine about the empirical world. In particular, it should not be confused with nominalism, the doctrine that there are no universals.2 Nominalism and physicalism are quite independent doctrines. Believers in universals may as consistently assert as deny that the only properties and relations are those studied by physical science. And nominalists may with equal consistency assert or deny that physical science could provide enough predicates to describe the world. That is the question which concerns physicalists, not whether physical predicates name real universals. (We will for brevity write as if they do, but we do not need that assumption.). (shrink)

The study assessed the conceptual understanding and attitude toward fractions of teacher education students in a socio-constructivist learning environment. Specifically, it determined the students’ level of conceptual understanding before and after instruction; verified the types of conceptual changes that occurred; and ascertained the attitude of students toward fractions before and after instruction and its relationship to their levels of understanding. Descriptive-correlational research method was used. Socio-constructivist context-based teaching method was employed to introduce the concept of fractions. Achievement tests and interviews (...) were administered to determine the students’ level of conceptual understanding. Conceptual analysis based on Jensen and Finley’s (1995) method with Tiberghien’s (1994) classification of changes was utilized to describe students’ conceptual understanding and conceptual changes. In order to determine their attitude on fractions, students were asked to answer the socio-constructivist attitude questionnaire. The level of conceptual understanding of teacher education students in fraction was functional misconception and partial understanding before and after instruction, respectively. The type of conceptual change that occurred among teacher education students was change for the better. Socio-constructivist learning more likely to improve students’ attitudes toward fractions; promoted prosocial behavior among students; and tend to increase students’ activeness in the classroom activities as evidenced. (shrink)

Mathematics is considered one of the most challenging courses for many elementary pre-service teachers (EPTs). In hopes for improvement, teacher educators have been incorporating a jigsaw strategy to equip future teachers with the necessary competencies. Hence, the study aimed to determine the effectiveness of the jigsaw strategy with EPTs’ level of mathematics achievement and interest in an online cooperative learning environment. The research utilized a pre-experimental design with 40 participants. The researchers used pretest and posttest questions covering fraction operations and (...) a mathematics interest questionnaire before and after the intervention. With the implementation of the jigsaw strategy, results showed that the EPTs’ mathematics achievement improved while their interest in mathematics improved to some extent. Likewise, a significant difference between the pre-and post-intervention concerning the EPTs’ mathematics achievement and interest in mathematics was found. Furthermore, correlation analysis revealed that study time is negatively related to mathematics achievement, as is the overall level of interest in mathematics. These findings imply that a jigsaw strategy is a useful tool in teaching mathematics online. However, several modifications may be considered to recognize that the EPTs’ interest in mathematics varies from one person to another. Teacher education institutions are encouraged to apply this strategy not only for EPTs to increase their mathematical know-hows but also to serve as an example for them to employ in their future teaching careers. (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)

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)

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 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)

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)

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)

In Plato’s Philebus, Socrates’ second account of ‘false’ pleasure (41d-42c) outlines a form of illusion: pleasures that appear greater than they are. I argue that these pleasures are perceptual misrepresentations. I then show that they are the grounds for a methodological critique of hedonism. Socrates identifies hedonism as a judgment about the value of pleasure based on a perceptual misrepresentation of size, witnessed paradigmatically in the ‘greatest pleasures’.

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)

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)

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)

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)

An interview with the American Philosophical Association regarding my work as an academic.

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)

Loneliness in medicine is a serious problem not just for patients, for whom illness is intrinsically isolating, but also for physicians in the contemporary condition of medicine. We explore this problem by investigating the ideal physician-patient relationship, whose analogy with friendship has held enduring normative appeal. Drawing from Talbot Brewer and Nir Ben-Moshe, we argue that this appeal lies in a dynamic form of companionship incompatible with static models of friendship-like physician-patient relationships: a mutual refinement of embodied virtue that draws (...) both persons together. The ideal physician-patient relationship has a dialectical character that fosters each member's improvement of phenomenologically recognizing and embodying moral virtues. A key component of this dynamic is a commitment to the common goal of the patient's health, realized through joint interactivities and conversations over time. The physician's presence to the patient's suffering—understood best as an alienating phenomenological condition for the patient—orients and discloses possibilities for virtuous caregiving by structuring the meanings of the goals, conversations, and joint narrative constitutive of their relationship. Presence to suffering, paradoxically, is perhaps an important prerequisite for this dynamic partnership. These activities dialectically build an interpretive horizon of understanding through which moral goods and character refinement—in and for the other—may become revealed for both persons in their shared being-in-the-world. This analysis of suffering, mood, and revealing of (possible) moral goods has implications for addressing the modern problem of loneliness for patients and physicians, who are increasingly inhibited from building flourishing relationships with each other. (shrink)

This essay examines the possibility that phenomenological laws might be implemented by a computational mechanism by carefully analyzing key passages from the Prolegomena to Pure Logic. Part I examines the famous Denkmaschine passage as evidence for the view that intuitions of evidence are causally produced by computational means. Part II connects the less famous criticism of Avenarius & Mach on thought-economy with Husserl's 1891 essay 'On the Logic of Signs (Semiotic).' Husserl is shown to reaffirm his earlier opposition to associationist (...) (Humean) and adaptationist (Darwinian) explanations of our thought-machine on the ground that they cannot reconstruct the notion of truth and its syntactic mental preservation in symbolic thought-trains. Part III reveals Husserl's interesting commitment to the idea that descriptive sciences necessarily transform into explanatory sciences on pain of contradicting the essence of science as a rational ideal. Since explanation in relation to phenomenology means causal explanation, and causal explanation in the form of the Denkmaschine accounts for phenomenological intuition, it is inferred that the rationally compelling ideal of explanatory science requires a computationalist reading of the subsequent logical investigations. (shrink)

In this chapter, I demonstrate the several fundamental and original aspects of Bamgarten's concpetion of metaphyics that have been overlooked or at least insufficiently investigated. Baumgarten departs from his predecessors, and from many of his contemporaries, by regarding metaphysics as a uniquely human science whose essential purpose is to provide the best instruments for knowing and realising perfection in human life, given that we are subject to essential limitations. This instrumental view of metaphysics leads him to develop seveal Leibnizian ideas (...) regarding perfection and the best possible world into highly articulated metaphysical doctrines that are able to serve as universal guiding principles for all other sciences. In the final part of the chapter, I illustrate three ways in which metaphysics plays this role through an examination of the foundations of Baumgarten's own practical philosophy. (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.

Understanding the nature of pain depends, at least partly, on recognizing its subjectivity (thus, its first-person epistemology). This in turn requires using a first-person experiential method in addition to third-person experimental approaches to study it. This paper is an attempt to spell out what the former approach is and how it can be integrated with the latter. We start our discussion by examining some foundational issues raised by the use of introspection. We argue that such a first-person method in the (...) scientific study of pain (as in the study of any experience) is in fact indispensable by demonstrating that it has in fact been consistently used in conjunction with conventional third-person methodologies, and this for good reasons. We show that, contrary to what appears to be a widespread opinion, there is absolutely no reason to think that the use of such a first-person approach is scientifically and methodologically suspect. We distinguish between two uses of introspective methods in scientific experiments: one draws on the subjects’ introspective reports where any investigator has equal and objective access. The other is where the investigator becomes a subject of his own study and draws on the introspection of his own experiences. We give examples using and/or approximating both strategies that include studies of second pain summation and its relationship to neural activities, and brain imaging- psychophysical studies wherein sensory and affective qualities of pain are correlated with cerebral cortical activity. We explain what we call the experiential or phenomenological approach that has its origins in the work of Price and Barrell (1980). This approach capitalizes on the scientific prospects and benefits of using the introspection of the investigator. We distinguish between its vertical and horizontal applications. Finally, we conclude that integrating such an approach to standard third-person methodologies can only help us in having a fuller understanding of pain and of conscious experience in general. (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.

The recent literature on mental causation has not been kind to nonreductive, materialist functionalism (‘functionalism’, hereafter, except where that term is otherwise qualified). The exclusion problem2 has done much of the damage, but the epiphenomenalist threat has taken other forms. Functionalism also faces what I will call the ‘problem of metaphysically necessary effects’ (Block, 1990, pp. 157-60, Antony and Levine, 1997, pp. 91-92, Pereboom, 2002, p. 515, Millikan, 1999, p. 47, Jackson, 1998, pp. 660-61). Functionalist mental properties are individuated partly (...) by their relation to the very effects those properties’ instantiations are thought to cause. Consequently, functionalist causal generalizations would seem to have the following problematical structure: The state of being, among other things, a cause of e (under such-andsuch conditions) causes e (under those conditions).3 The connection asserted lacks the contingency one would expect of a causal generalization. Mental states of the kind in question are, by metaphysical necessity, causes of e; any state that does not cause e is thereby a different kind of state. Yet, a mental state’s being the sort of state it is must play some causal role if functionalism is to account for mental causation.4 In what follows, I first articulate more fully the problem of metaphysically necessary effects. I then criticize three functionalist attempts to solve the problem directly. Given the failure of functionalist efforts to meet the problem head-on, I consider less direct strategies: these involve formulating functionalism or its causal claims in such a way that they appear not to generate the problem of metaphysically necessary effects. I argue against these indirect solutions, in each case concluding either that the problem still arises or that avoiding it requires the adoption of an unorthodox form of functionalism (itself a surprising result). In the final.. (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)

Extension project implementers ensure that activities and community linkages are not hampered by the challenges posed by the Coronavirus Disease 2019 (COVID-19) pandemic. This study presents the lived experiences of extension project implementers in providing community services in the midst of pandemic. Specifically, their experiences, reflections, and insights in the implementation of extension projects were enumerated. Eleven extensionists who were directly involved in and capable of conducting University extension projects were purposefully chosen as participants. Descriptive phenomenology research design was employed. (...) Data were analyzed through Colaizzi’s (1978) method. The experiences of the extension project implementers were themed as follows: difficulties in planning and implementation; support system; reflections and insights; and outstanding characteristics of the implementers. These experiences, as well as the extent to which extension projects have been implemented, will be taken into account in future planning, implementation, and impact assessments. (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)

This chapter re-examines Baumgarten's definition of 'existence' with an eye to evaluating Kant's criticisms of this definition in his pre-Critical writings. It shows that Baumgarten sharply distinguishes existence, as a specific content, from actuality, as the determination with respect to the same content, in a way that has gone unnoticed by pevious commentators. Afer explaining the implications of this disocovery for our understanding of Baumgarten's view of existence in general, it uses this to construct his version of the ontological argument. (...) The chapter highlights the originality of Baumgarten's version of the argument by comparison with Wolff's and argues that Baumgarten's conception of existence allows him to avoid the objections brought forward by Kant in the Only Possible Arugment in Support of a Demonstration of God's Existence. (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)

Philosophers and theologians acknowledge that "fideism" is difficult to define but rarely agree on what the best characterization of the term is. In this article, I investigate the history of use of "fideism" to explore why its meaning has been so contested and thus why it has not always been helpful for resolving philosophical problems. I trace the use of the term from its origins in French theology to its current uses in philosophy and theology, concluding that "fideism" is helpful (...) in resolving philosophical problems only when philosophers scrupulously acknowledge the tradition of use that informs their understanding of the word. (shrink)

The Fifth Element (1997) is a French science-fiction film in English, directed and co-written by Luc Besson. The title and the plot of the film refer to a central notion of Greek philosophy, that is, pemptousia, or quintessence. Pre-Socratic philosophers such as Thales, Anaxagoras, Anaximenes and others, were convinced that all natural beings – in fact, nature itself – consist in four primary imperishable elements or essences (ousiai), i.e., fire, earth, water, and air. To these four, Aristotle added aether, a (...) fifth essence (pemptousia). The introduction of aether gave birth to a great tradition in late Antique and Medieval philosophy, and eventually it came to signify not an additional primary element, but the core-essence of all beings, their fundamental ontological structure. Besson’s film draws its inspiration on this philosophical tradition but its cinematographic rendering of the concept of Quintessence is typical of the contemporaneous views on the core characteristics of matters. The modernity that stimulates the film is equally anti-transcendentalist and anti-essentialist. Thus, the fifth element of the film is existentially personified and genderized making the traditional philosophical significance of the term to be adjusted by modernity in an immanent and temporal context where in addition aesthetics plays a crucial role. (shrink)

In this paper I explore Phyllis Rooney’s 2003 chapter, “Feminist Epistemology and Naturalized Epistemology: An Uneasy Alliance,” taking guidance from her critique of naturalized epistemology in pursuing my own analysis of another uneasy alliance: that between feminist epistemology and social epistemology. Investigating some of the background assumptions at work in prominent conceptions of social epistemology, I consider recent analyses of "epistemic bubbles" to ask how closely such analyses are aligned with ongoing research in feminist epistemology. I argue that critical feminist (...) insights in political philosophy are called for here, especially those that focus on multiple politically salient relationships and also emphasize practices of personal transformation as inseparably bound up with broader movements for social transformation. Insofar as feminist epistemology continues to carry another world in its heart, I argue that it will continue to rest uneasily with any effort to align it with—let alone subsume it within—the still emerging field of social epistemology. (shrink)

Background Retraction is a mechanism for alerting readers to unreliable material and other problems in the published scientific and scholarly record. Retracted publications generally remain visible and searchable, but the intention of retraction is to mark them as “removed” from the citable record of scholarship. However, in practice, some retracted articles continue to be treated by researchers and the public as valid content as they are often unaware of the retraction. Research over the past decade has identified a number of (...) factors contributing to the unintentional spread of retracted research. The goal of the Reducing the Inadvertent Spread of Retracted Science: Shaping a Research and Implementation Agenda (RISRS) project was to develop an actionable agenda for reducing the inadvertent spread of retracted science. This included identifying how retraction status could be more thoroughly disseminated, and determining what actions are feasible and relevant for particular stakeholders who play a role in the distribution of knowledge. -/- Methods These recommendations were developed as part of a year-long process that included a scoping review of empirical literature and successive rounds of stakeholder consultation, culminating in a three-part online workshop that brought together a diverse body of 65 stakeholders in October–November 2020 to engage in collaborative problem solving and dialogue. Stakeholders held roles such as publishers, editors, researchers, librarians, standards developers, funding program officers, and technologists and worked for institutions such as universities, governmental agencies, funding organizations, publishing houses, libraries, standards organizations, and technology providers. Workshop discussions were seeded by materials derived from stakeholder interviews (N = 47) and short original discussion pieces contributed by stakeholders. The online workshop resulted in a set of recommendations to address the complexities of retracted research throughout the scholarly communications ecosystem. -/- Results The RISRS recommendations are: (1) Develop a systematic cross-industry approach to ensure the public availability of consistent, standardized, interoperable, and timely information about retractions; (2) Recommend a taxonomy of retraction categories/classifications and corresponding retraction metadata that can be adopted by all stakeholders; (3) Develop best practices for coordinating the retraction process to enable timely, fair, unbiased outcomes; and (4) Educate stakeholders about pre- and post-publication stewardship, including retraction and correction of the scholarly record. -/- Conclusions Our stakeholder engagement study led to 4 recommendations to address inadvertent citation of retracted research, and formation of a working group to develop the Communication of Retractions, Removals, and Expressions of Concern (CORREC) Recommended Practice. Further work will be needed to determine how well retractions are currently documented, how retraction of code and datasets impacts related publications, and to identify if retraction metadata (fails to) propagate. Outcomes of all this work should lead to ensuring retracted papers are never cited without awareness of the retraction, and that, in public fora outside of science, retracted papers are not treated as valid scientific outputs. (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)

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)

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)

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.

Intuitively, collective nouns are pseudo-singular: a collection of things (a pair of people, a flock of birds, etc.) just is the things that make ‘it’ up. But certain facts about natural language seem to count against this view. In short, distributive predicates and numerals interact with collective nouns in ways that they seemingly shouldn’t if those nouns are pseudo-singular. We call this set of issues ‘the distribution problem’. To solve it, we propose a modification to cover-based semantics. On this semantics, (...) the interpretation of distributive predicates and numerals depends on a cover, where the choice of cover is strongly semantically constrained by the noun with which they interact. (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.

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)

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)

Does religious belief differ in any interesting way from other kinds of belief? For now, take ‘belief’ to mean how one takes the world to be, on the basis of which they act. Call beliefs like this ‘ordinary beliefs’. There are also more complicated, or abstract, beliefs. Call such beliefs ‘non-ordinary beliefs’. Are religious beliefs different in any significant or interesting way from what we call ‘standard belief’? Our analysis shows that they are not. Although the content of religious belief (...) is different, and sometimes so is the function, religious beliefs are still mental, dispositional attitudes that aim to provide a correct representation of the world. Therefore, religious beliefs are best understood as a sub-category of standard beliefs, alongside ordinary and non-ordinary beliefs. This account of religious belief provides further insight into the meaning of belief and supports a revision of a strict demarcation between standard and non-standard beliefs. (shrink)

As persons we are irreducibly unique and essentially relational. In many contexts individual uniqueness has been accentuated at the expense of communal relationality. Our age has been marked by the loss of deep and meaningful relations to one another, and still more dramatically to the earth and its living creatures. The cosmological dimension of human personhood, that is, has been largely obscured. This chapter argues that our age has been marked increasingly by anesthetizing, alienating, and anonymizing tendencies. It proposes three (...) commensurate responses: aestheticization, or embodied philosophical knowing that remains faithful to the earth; anacarnation, or willful return to the wonders of embodied life, purged of romantic sentimentality; and attestation, or speaking up on behalf of the haecceitas or thisness of living creatures systematically instrumentalized for profit and pleasure. Together these responses help us to regain touch with animality by embracing the earth that hosts us, thus becoming more gracious guests, and to become more fully human by becoming better hosts to the multitude of earth's creatures, whose lives hang in the balance. (shrink)