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)

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)

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)

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

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

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)

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)

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)

The idea that there could be spatially extended mereological simples has recently been defended by a number of metaphysicians (Markosian 1998, 2004; Simons 2004; Parsons (2000) also takes the idea seriously). Peter Simons (2004) goes further, arguing not only that spatially extended mereological simples (henceforth just extended simples) are possible, but that it is more plausible that our world is composed of such simples, than that it is composed of either point-sized simples, or of atomless gunk. The difficulty for these (...) views lies in explaining why it is that the various sub-volumes of space occupied by such simples, are not occupied by proper parts of those simples. Intuitively at least, many of us find compelling the idea that spatially extended objects have proper parts at every sub-volume of the region they occupy. It seems that the defender of extended simples must reject a seemingly plausible claim, what Simons calls the geometric correspondence principle (GCP): that any (spatially) extended object has parts that correspond to the parts of the region that it occupies (Simons 2004: 371). We disagree. We think that GCP is a plausible principle. We also think it is plausible that our world is composed of extended simples. We reconcile these two notions by two means. On the one hand we pay closer attention to the physics of our world. On the other hand, we consider what happens when our concept of something—in this case space—contains elements not all of which are realized in anything, but instead key components are realized in different features of the world. (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)

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)

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

This paper engages critically with anti-representationalist arguments pressed by prominent enactivists and their allies. The arguments in question are meant to show that the “as-such” and “job-description” problems constitute insurmountable challenges to causal-informational theories of mental content. In response to these challenges, a positive account of what makes a physical or computational structure a mental representation is proposed; the positive account is inspired partly by Dretske’s views about content and partly by the role of mental representations in contemporary cognitive scientific (...) modeling. (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.

Purpose This paper aims to formalize long-term trajectories of human civilization as a scientific and ethical field of study. The long-term trajectory of human civilization can be defined as the path that human civilization takes during the entire future time period in which human civilization could continue to exist. -/- Design/methodology/approach This paper focuses on four types of trajectories: status quo trajectories, in which human civilization persists in a state broadly similar to its current state into the distant future; catastrophe (...) trajectories, in which one or more events cause significant harm to human civilization; technological transformation trajectories, in which radical technological breakthroughs put human civilization on a fundamentally different course; and astronomical trajectories, in which human civilization expands beyond its home planet and into the accessible portions of the cosmos. -/- Findings Status quo trajectories appear unlikely to persist into the distant future, especially in light of long-term astronomical processes. Several catastrophe, technological transformation and astronomical trajectories appear possible. -/- Originality/value Some current actions may be able to affect the long-term trajectory. Whether these actions should be pursued depends on a mix of empirical and ethical factors. For some ethical frameworks, these actions may be especially important to pursue. (shrink)

There is considerable disagreement about the epistemic value of novel predictive success, i.e. when a scientist predicts an unexpected phenomenon, experiments are conducted, and the prediction proves to be accurate. We survey the field on this question, noting both fully articulated views such as weak and strong predictivism, and more nascent views, such as pluralist reasons for the instrumental value of prediction. By examining the various reasons offered for the value of prediction across a range of inferential contexts , we (...) can see that neither weak nor strong predictivism captures all of the reasons for valuing prediction available. A third path is presented, Pluralist Instrumental Predictivism; PIP for short. (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)

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)

Leslie Allan reviews Professor Losee's tracing of the history of the philosophy of science from its beginning with Aristotle in Ancient Greece, through the Middle Ages and the Enlightenment to the work of contemporary philosophers. In this review, Allan also provides a summary of each chapter and commentary on Losee's analysis.

I present a recent historical case from cosmology—the story of inflationary cosmology—and on its basis argue that solving explanatory problems is a reliable method for making progress in science. In particular, I claim that the success of inflationary theory at solving its predecessor’s explanatory problems justified the theory epistemically, even in advance of the development of novel predictions from the theory and the later confirmation of those predictions.

The conspicuous similarities between interpretive strategies in classical statistical mechanics and in quantum mechanics may be grounded on their employment of common implementations of probability. The objective probabilities which represent the underlying stochasticity of these theories can be naturally associated with three of their common formal features: initial conditions, dynamics, and observables. Various well-known interpretations of the two theories line up with particular choices among these three ways of implementing probability. This perspective has significant application to debates on primitive ontology (...) and to the quantum measurement problem. (shrink)

In a recent reply to our article, “What is Interpretability?,” Prasetya argues against our position that artificial neural networks are explainable. It is claimed that our indefeasibility thesis—that adding complexity to an explanation of a phenomenon does not make the phenomenon any less explainable—is false. More precisely, Prasetya argues that unificationist explanations are defeasible to increasing complexity, and thus, we may not be able to provide such explanations of highly complex AI models. The reply highlights an important lacuna in our (...) original paper, the omission of the unificationist account of explanation, and affords us the opportunity to respond. Here, we argue that artificial neural networks are explainable in a way that should satisfy unificationists and that interpretability methods present ways in which ML theories can achieve unification. (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)

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)

There are two primary arguments against scientific realism, one pertaining to underdetermination, the other to the history of science. While these arguments are usually treated as altogether distinct, P. Kyle Stanford's ‘problem of unconceived alternatives’ constitutes one kind of synthesis: I propose that Stanford's argument is best understood as a broad modus ponens underdetermination argument, into which he has inserted a unique variant of the historical pessimistic induction. After articulating three criticisms against Stanford's argument and the evidence that he offers, (...) I contend that, as it stands, Stanford's argument poses no threat to contemporary scientific realism. Nonetheless, upon identifying two useful insights present in Stanford's general strategy, I offer an alternative variant of the modus ponens underdetermination argument, one that, although historically informed by science, requires no inductive premises. I contend that this non-inductive but historically informed variant of the modus ponens clarifies and considerably strengthens the case against scientific realism. (shrink)

This paper explains how to use a new software tool for argument diagramming available free on the Internet, showing especially how it can be used in the classroom to enhance critical thinking in philosophy. The user loads a text file containing an argument into a box on the computer interface, and then creates an argument diagram by dragging lines from one node to another. A key feature is the support for argumentation schemes, common patterns of defeasible reasoning historically know as (...) topics . Several examples are presented, as well as the results of an experiment in using the system with students in a university classroom. (shrink)

The impetus theory of motion states that to be in motion is to have a non-zero velocity. The at-at theory of motion states that to be in motion is to be at different places at different times, which in classical physics is naturally understood as the reduction of velocities to position developments. I first defend the at-at theory against the criticism raised by Arntzenius that it renders determinism impossible. I then develop a novel impetus theory of motion that reduces positions (...) to velocity developments. As this impetus theory of motion is by construction a mirror image of the at-at theory of motion, I claim that the two theories of motion are in fact epistemically on par—despite the unfamiliar metaphysical picture of the world furnished by the impetus version. (shrink)

Systems of logico-probabilistic (LP) reasoning characterize inference from conditional assertions interpreted as expressing high conditional probabilities. In the present article, we investigate four prominent LP systems (namely, systems O, P, Z, and QC) by means of computer simulations. The results reported here extend our previous work in this area, and evaluate the four systems in terms of the expected utility of the dispositions to act that derive from the conclusions that the systems license. In addition to conforming to the dominant (...) paradigm for assessing the rationality of actions and decisions, our present evaluation complements our previous work, since our previous evaluation may have been too severe in its assessment of inferences to false and uninformative conclusions. In the end, our new results provide additional support for the conclusion that (of the four systems considered) inference by system Z offers the best balance of error avoidance and inferential power. Our new results also suggest that improved performance could be achieved by a modest strengthening of system Z. (shrink)

Theoretical ethics includes both metaethics (the meaning of moral terms) and normative ethics (ethical theories and principles). Practical ethics involves making decisions about every day real ethical problems, like decisions about euthanasia, what we should eat, climate change, treatment of animals, and how we should live. It utilizes ethical theories, like utilitarianism and Kantianism, and principles, but more broadly a process of reflective equilibrium and consistency to decide how to act and be.

Are properties perfectly natural (or not) relative to worlds, or are they perfectly natural (or not) tout court? That is, could there be a property P that is instanti-ated at worlds w1 and w2, and is perfectly natural at w1 but not at w2? Here, we offer an original argument for the non-world-relativity of perfect naturalness. Along the way, we reply to a prima facie compelling argument for the contin-gency of perfect naturalness, based upon the connection between natural prop-erties and (...) laws of nature. (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)

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)

Several physicists, among them Hawking, Page, Coule, and Carroll, have argued against the probabilistic intuitions underlying fine-tuning arguments in cosmology and instead propose that the canonical measure on the phase space of Friedman-Robertson-Walker space-times should be used to evaluate fine-tuning. They claim that flat space-times in this set are actually typical on this natural measure and that therefore the flatness problem is illusory. I argue that they misinterpret typicality in this phase space and, moreover, that no conclusion can be drawn (...) at all about the flatness problem by using the canonical measure alone. (shrink)

Philosophical debates on how to account for the progress of science have traditionally divided along the realism-anti-realism axis. Relatively recent developments in epistemology, however, have opened up a new knowledge-understanding axis to the debate. This chapter presents a novel understanding-based account of scientific progress that takes its motivation from problem-solving practices in science. Problem-solving is characterized as a means of measuring degree of understanding, which is argued to be the principal epistemic (or cognitive) aim of science, over and against knowledge. (...) This account is then defended against knowledge reductionism by showing how each plays an important and distinctive role in science. (shrink)

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

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)

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)

ABSTRACT This essay defends a qualified version of Quine's thesis of universal revisability against Chalmers's recent conditionalization-based criticisms of it. It is argued that an embodied view of cognitive processing undermines Chalmers's account of nonrevisable a priori justification, which presupposes that concepts prefigure the confirmation-relations into which they enter, so as to make such relations rationally accessible to anyone who possesses those concepts. On the view developed here, bodily interaction with the world and the accompanying subconscious processing can change subjects' (...) dispositions to apply their concepts, in ways that are not rationally accessible to them, even given a complete description of that interaction, and do not constitute a change in the content of the concepts involved. Thus a subject who treats a proposition as indefeasibly justified a priori might nevertheless significantly lower her credence in that proposition, in ways that are not accessible to the subject on the basis of her grasp of the content of the relevant concepts. This discussion has further implications concerning the role of the a priori in the philosophical enterprise. (shrink)

This paper asks about the ways in which embodimentoriented cognitive science contributes to our understanding of phenomenal consciousness. It is first argued that central work in the field of embodied cognitive science does not solve the hard problem of consciousness head on. It is then argued that an embodied turn toward neurophenomenology makes no distinctive headway on the puzzle of consciousness; for neurophenomenology either concedes dualism in the face of the hard problem or represents only a slight methodological variation on (...) extant cognitive-scientific approaches to the easy problems of consciousness. The paper closes with the positive suggestion that embodied cognitive science supports a different approach to phenomenal consciousness, according to which the mind is massively representational, cognitive science has no use for the personal-level posits that tend to drive philosophical theorizing about consciousness and mind, and the hard problem is illusory. (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)

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.

Despite overlooking religious topics, Wittgenstein’s Philosophical Investigations (PI) has had a large impact in philosophy of religion. This article surveys that influence and the reasons for it. In what follows, I first describe the reception of certain key concepts from the PI in philosophy of religion. Second, I examine a few scattered remarks on religious topics in the PI. Third, I consider the relevance of the PI for contemporary philosophy of religion. I argue that the dialogical nature of the PI, (...) allowing different generations of readers to engage it with their particular philosophical problems, is key to its longterm influence. (shrink)

What are the effects of circumcision on sexual function and experience? And what does sex—in the sense related to gender—have to do with the ethics of circumcision? Jacobs and Arora (2015) give short shrift to the first of these questions; and they do not seem to have considered the second. In this commentary, I explore the relationship between sex (in both senses) and infant male circumcision, and draw some conclusions about the ongoing debate regarding this controversial practice.

This paper examines the integration and unification of the philosophy and psychology of well-being. For the most part, these disciplines investigate well-being without reference to each other. In recent years, however, with the maturing of each discipline, there have been a growing number of calls to integrate the two. While such calls are welcome, what it means to integrate well-being philosophy and psychology can vary greatly depending on one’s theoretical and practical ends. The aim of this paper is to provide (...) a novel conceptual framework for thinking about integrating well-being philosophy and psychology that systematically categorizes different kinds of integration projects. We divide existing attempts in the literature into three broad categories according to the perspective from which the integration takes place: (1) top-down meta-theoretical unification; (2) psychological integration within philosophy; and (3) philosophical integration within psychology. These categories are then broken down into various further subcategories. Our aim in providing this framework is both to facilitate the assessment and comparison of existing integration attempts and to provide a roadmap for future integration attempts. For each category, we discuss one or two representative examples of the approaches. By doing so, we hope to generate interest in the wide variety of existing integration projects, as well as to generate discussion concerning the benefits and pitfalls of different approaches. (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’.

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

Spinoza's use of the phrase “sui iuris” in the Tractatus Politicus gives rise to the following paradox. On the one hand, one is said to be sui iuris to the extent that one is rational; and to the extent that one is rational, one will steadfastly obey the laws of the state. However, Spinoza also states that to the extent that one adheres to the laws of the state, one is not sui iuris, but rather stands under the power [sub (...) potestate] of the state (TP 3/5). It seems, then, that to the extent that one is sui iuris, one will not, in fact, be sui iuris. In this paper, I offer an interpretation of Spinoza's notion of being sui iuris that enables us to overcome this paradox and sheds light on Spinoza's relationship to the republican tradition. I work towards this goal by distinguishing between two ways in which Spinoza uses the locution, which correspond to two different conceptions of power: potentia and potestas. This distinction not only allows us to save Spinoza from internal inconsistency, it also enables us to see one important way in which Spinoza stands outside of the republican tradition, since he conceives of liberty not as constituted by independence, or citizenship in a res publica, but as being sui iuris in the first sense described above: being powerful. (shrink)