Epistemic modals in consequent place of indicative conditionals give rise to apparent counterexamples to Modus Ponens and Modus Tollens. Familiar assumptions of fa- miliar truth conditional theories of modality facilitate a prima facie explanation—viz., that the target cases harbor epistemic modal equivocations. However, these explana- tions go too far. For they foster other predictions of equivocation in places where in fact there are no equivocations. It is argued here that the key to the solution is to drop the assumption that (...) modal claims are inherently relational (i.e., that they ex- press a logical relation between a prejacent and a premise-set) in favor of a view that treats them as inherently quantificational. In particular it is suggested that modals are mass noun descriptions of information. We demonstrate how this approach unlocks the equivocation problem. (shrink)

In his presidential address to the APA, Alvin Plantinga argues that the only sensible way to be an anti-realist is to be a theist. Anti-realism (AR) in this context is the epistemic analysis of truth that says, "(AR) necessarily, a statement is true if and only if it would be believed by an ideally [or sufficiently] rational agent/community in ideal [or sufficiently good] epistemic circumstances." Plantinga demonstrates, with modest modal resources, that AR entails that necessarily, ideal epistemic circumstances obtain. As (...) it is a contingent matter whether ideal epistemic circumstances obtain, Plantinga concludes that an anti-realist should be a theist. In this paper, we show that counterfactual analyses of truth as epistemic are instances of a more general problem of philosophical analysis. More specifically, without a radical revision of the logic, counterfactual analyses of truth as epistemic cannot avoid perpetrating some version of the conditional fallacy. Even so, we argue, anti-realists are not committed to the necessary existence of ideal epistemic circumstances and therefore need not be theists. (shrink)

A primary challenge from the relativist to the contextualist about epistemic modals is to explain eavesdropping data—i.e., why the eavesdropper is inclined to judge the speaker as having uttered an epistemic modal falsehood (when she is so inclined), even though the speaker’s utterance is true according to reasonable contextualist truth conditions. The issue turns in large part on the strength and shape of the data, both of which are in dispute. One complaint is that an eavesdropper’s truth value judgments fluctuate (...) with variations of non- epistemic fact (even after the relevant epistemic/information states are determined). The project here is to strengthen and reframe this complaint in a debate-neutral way, and to show how a sober contextualism can uniformly accommodate it and the standard eavesdropping data. Along the way we reject John Hawthorne’s danger-theoretic explanation of these subtleties. (shrink)

This article discusses the logic of the Epimenides Paradox using a graphical representation of the logical operators involved. The graphical representation of the Logical Operators is the one used in digital electronics. This method of investigation is very effective in revealing the hidden error in the reasoning that leads to the contradiction. The article explains the vicious circle that the mind goes through when trying to analyze the Paradox. Finally, the article proposes a solution of the Paradox with final conclusions (...) that are not paradoxical but simply counterintuitive. The endless deduction is generated by subsequent evaluations that take place on different levels. In its evaluation the Mind alternates a level of logical evaluation with a level of semantic evaluation. (shrink)

By taking into account Augustine’s attitude towards Manichaeism and Neoplatonism, this paper offers an ethical-anthropological analysis of the topic of evil in his works. It is argued that Augustine’s differentiation between ontological good and moral evil has relevant implications for contemporary debates on the topic, in particular, for those inspired by Hans Jonas.

This paper is a review of R.C. Smith's "The Ticklish Subject? A Critique of Žižek’s Lacanian Theory of Subjectivity, with Emphasis on an Alternative". Whereas Lacan places central importance on the Oedipal phase as a necessary step on the road to the acquisition of subjectivity, R.C. Smith views it as a fundamentally authoritarian moment in early child development. This disagreement, in turn, puts Smith at odds with Žižek’s rupture between the Real and the Symbolic, leading him to advance instead an (...) understanding of the subject as engaged in constant mediation in concert with others. The political ramifications of a notion of mediating subjectivity are intensely gripping, for they disclose nothing less than the promise to recover a sense of effective agency – the possibility of making a difference to one’s sociohistorical conditions – from the ruins of the neoliberal deformation of the subject. (shrink)

In _"I that is We, We that is I"_ leading scholars analyze the many facets of Hegel’s formula for the intersubjective structure of human life and explores its relevance for debates on social ontology, recognition, action theory, constructivism, and naturalism.

As biological and biomedical research increasingly reference the environmental context of the biological entities under study, the need for formalisation and standardisation of environment descriptors is growing. The Environment Ontology (ENVO) is a community-led, open project which seeks to provide an ontology for specifying a wide range of environments relevant to multiple life science disciplines and, through an open participation model, to accommodate the terminological requirements of all those needing to annotate data using ontology classes. This paper summarises ENVO’s motivation, (...) content, structure, adoption, and governance approach. (shrink)

Biological ontologies are used to organize, curate, and interpret the vast quantities of data arising from biological experiments. While this works well when using a single ontology, integrating multiple ontologies can be problematic, as they are developed independently, which can lead to incompatibilities. The Open Biological and Biomedical Ontologies Foundry was created to address this by facilitating the development, harmonization, application, and sharing of ontologies, guided by a set of overarching principles. One challenge in reaching these goals was that the (...) OBO principles were not originally encoded in a precise fashion, and interpretation was subjective. Here we show how we have addressed this by formally encoding the OBO principles as operational rules and implementing a suite of automated validation checks and a dashboard for objectively evaluating each ontology’s compliance with each principle. This entailed a substantial effort to curate metadata across all ontologies and to coordinate with individual stakeholders. We have applied these checks across the full OBO suite of ontologies, revealing areas where individual ontologies require changes to conform to our principles. Our work demonstrates how a sizable federated community can be organized and evaluated on objective criteria that help improve overall quality and interoperability, which is vital for the sustenance of the OBO project and towards the overall goals of making data FAIR. Competing Interest StatementThe authors have declared no competing interest. (shrink)

A reconstruction of the philosophical, religious and political background of Ricardo's work as an economist.

The study of biodiversity spans many disciplines and includes data pertaining to species distributions and abundances, genetic sequences, trait measurements, and ecological niches, complemented by information on collection and measurement protocols. A review of the current landscape of metadata standards and ontologies in biodiversity science suggests that existing standards such as the Darwin Core terminology are inadequate for describing biodiversity data in a semantically meaningful and computationally useful way. Existing ontologies, such as the Gene Ontology and others in the Open (...) Biological and Biomedical Ontologies (OBO) Foundry library, provide a semantic structure but lack many of the necessary terms to describe biodiversity data in all its dimensions. In this paper, we describe the motivation for and ongoing development of a new Biological Collections Ontology, the Environment Ontology, and the Population and Community Ontology. These ontologies share the aim of improving data aggregation and integration across the biodiversity domain and can be used to describe physical samples and sampling processes (for example, collection, extraction, and preservation techniques), as well as biodiversity observations that involve no physical sampling. Together they encompass studies of: 1) individual organisms, including voucher specimens from ecological studies and museum specimens, 2) bulk or environmental samples (e.g., gut contents, soil, water) that include DNA, other molecules, and potentially many organisms, especially microbes, and 3) survey-based ecological observations. We discuss how these ontologies can be applied to biodiversity use cases that span genetic, organismal, and ecosystem levels of organization. We argue that if adopted as a standard and rigorously applied and enriched by the biodiversity community, these ontologies would significantly reduce barriers to data discovery, integration, and exchange among biodiversity resources and researchers. (shrink)

Purpose – With the growing demand for ethical standards in the prevailing business environment, ethical leadership has been under increasingly more focus. Based on the social exchange theory and social learning theory, this study scrutinized the impact of ethical leadership on the presentation of ethical conduct by employees through the ethical climate. Notably, this study scrutinized the moderating function of the person organization fit (P-O fit) in relation to ethical climate and the ethical conduct of employees. -/- Design/methodology/approach – To (...) evaluate the research hypotheses, two-wave data were collected from 295 individuals who are currently employed in various Iraqi organizations (i.e. manufacturing, medical, and insurance industries). -/- Findings – In line with the hypotheses, the outcomes from a sample of 295 workers working in different Iraqi entities exhibited a positive relationship between the ethical behavior of leaders and the ethical conduct of employees in the ethical climate. Moreover, it was observed that the P-O fit of employees moderated the relationship between ethical climate and the ethical conduct of employees such that the relationship was more robust for those with a high P-O fit in comparison to those with a low P-O fit. -/- Research limitations/implications – The primary limitation of this study is in the data, which was obtained from a single source. Although the study conducted two surveys and utilized a mediation and moderation variables model that was less likely to be influenced by common method bias (CMB) (Podsakoff et al., 2012), one cannot completely rule out CMB. Apart from the potential effects of the CMB, the consistency of the empirical findings could have also been compromised since self-reported data were utilized in measuring ethical behavior, which can be a very complex and sensitive issue. For this reason, the social desirability response bias cannot be ruled out completely. When possible, future studies must gather data from multiple sources. Furthermore, supervisors must evaluate the ethical behavior of employees. Another limitation was that the findings of this study were based on a sample in a Middle Eastern cultural context such as in Iraq. Perhaps, the particular cultural features of this context, which encompassed, among other things, strong adherence to religious values (Moaddel, 2010), could have influenced the findings of this study. It is true that the effects of differences (P–O fit) are highly likely to replicate across cultural contexts (Triandis et al., 1988). However, it can be seen that further studies are needed to evaluate the context-sensitivity of these findings (Whetten, 2009) by analyzing other cultures, where the importance of religiosity is on the decline (i.e. in Western countries, Ribberink et al., 2018) or where the cultural features are very much different from those that apply to Iraq. Lastly, other external factors were not taken into account by this study as it tried to explain ethical behavior. Ethics is a highly complex subject and is influenced by numerous variables at the organizational, individual, and external environment levels. Thus, caution must be observed when making inferences from the present study which, to a certain degree, offered a simplified version of ethical behavior by concentrating on a few variables such as the Arab culture’s traditional ideology, which dominates even science (Abu Khalil, 1992). In addition, there are political conflicts in the Middle Eastern cultural context such as what is happening in Iraq (Harff, 2018). Thus, it is important to include such aspects in future researches. -/- Practical implications – In terms of management, the findings send a clear signal to those in the upper echelon that, without ignoring the issue of ethics in organizations, employees are a critical aspect to be taken into account to encourage ethical behavior at the workplace. This study has important practical implications. First, this study determined that ethical leadership (here, of the supervisors) positively influences the behavior of subordinates (refers to the supervisors here); this, in turn, further improves the ethical behavior of employees. It is vital that managers or supervisors are motivated to practice ethical leadership because they directly influence the employees. It has been suggested that top managers, especially chief executive officers, have the ability to shape the ethical climate, which also influences the ethical behavior of employees further. This study offered several feasible ways that managers can apply to achieve that. In particular, top managers may utilize the ethical climate as a way of communicating the ethical values that they have to their subordinates, thereby serving as a motivation for the subordinates to adopt ethical behavior. It was also suggested by this study that ethical climate and the P–O fit may, to some degree, substitute each other as they influence the ethical behavior of employees. Therefore, firms that were identified to have a low level of ethical standards, practices, and policies, at least from the employees’ perspective, are better poised to conduct ethical issues in order to construct the ethical behavior of their subordinates. More importantly, it is highly essential that the value congruence between an organization and its followers be considered. -/- Social implications – This study highlighted the notion of ethics and how it’s essential for society. Ethics refers to the norms, standards, and values that direct the behavior of an individual. Ethical behavior is vital in society because we need to be treated with respect as human beings. -/- Originality/value – This study responds to recent calls for more research to identify factors that may strengthen or mitigate the influence of ethical behavior in the workplace such as ethical leadership, ethical climate, and Person–Organization. (shrink)

The precarious rights of senior citizens, especially those who are highly educated and who are expected to counsel and guide the younger generations, has stimulated the creation internationally of advocacy associations and opinion leader groups. The strength of these groups, however, varies from country to country. In some countries, they are supported and are the focus of intense interest; in others, they are practically ignored. For this is reason we believe that the creation of a network of all these associations (...) is essential. The proposed network would act as a support for the already-existing policies of the United Nations’ High Commission for Human Rights, of independent experts, and of the Global Alliance for the Rights of Older People. All three have long ago recommended the creation of a recognized instrument for uniting presently scattered efforts. The proposed network, therefore, will seek to promote the international exchange of relevant expertise, and it will reinforce the commitments and actions that single countries are currently taking to meet these objectives. For example, informative public events can be organised to promote particular support initiatives and to provide an opportunity for new members of the network to be presented. The network will promote health for senior citizens, disease prevention, senior mobility, safe free time for seniors, alimentary education, protection against new risks and dangers, as well as equity in the services necessary for seniors to adopt new information and communication technologies. In the case of retired academic members, the network will promote equality with respect to continuing use of digital technologies (particularly email), continuing access to research libraries, and the guaranteed ability for seniors to fund their own research programs and to deliver free seminars. (shrink)

Brogaard and Salerno (2005, Nous, 39, 123–139) have argued that antirealism resting on a counterfactual analysis of truth is flawed because it commits a conditional fallacy by entailing the absurdity that there is necessarily an epistemic agent. Brogaard and Salerno's argument relies on a formal proof built upon the criticism of two parallel proofs given by Plantinga (1982, "Proceedings and Addresses of the American Philosophical Association", 56, 47–70) and Rea (2000, "Nous," 34, 291–301). If this argument were conclusive, (...) antirealism resting on a counterfactual analysis of truth should probably be abandoned. I argue however that the antirealist is not committed to a controversial reading of counterfactuals presupposed in Brogaard and Salerno's proof, and that the antirealist can in principle adopt an alternative reading that makes this proof invalid. My conclusion is that no reductio of antirealism resting on a counterfactual analysis of truth has yet been provided. (shrink)

'It is widely agreed that contraposition, strengthening the antecedent and hypothetical syllogism fail for subjunctive conditionals', write Brogaard and Salerno in (2008: Counterfactuals and context, Analysis 68.1, 39–46). In that article they argue that the putative counterexamples to these principles are actually no threat, on the grounds that they involve a certain kind of illicit contextual shift. -/- Here I argue that this particular kind of contextual shift, if it is properly so called, is not generally illicit, and that (...) therefore the counterexamples shouldn't be blocked with the kind of blanket restriction Brogaard and Salerno advocate. The idea that the reasoning patterns in question can be vindicated given restrictions still seems promising; the purpose of this note is to show that the simple restriction proposed by Brogaard and Salerno isn't the right way of going. (shrink)

Brogaard and Salerno (2008) argued that counter-examples to contraposition, strengthening the antecedent, and hypothetical syllogism involving subjunctive conditionals only seem to work because they involve a contextual fallacy where the context assumed in the premise(s) is illicitly shifted in the conclusion. To avoid such counter-examples they have proposed that the context must remain fixed when evaluating an argument for validity. That is the Brogaard-Salerno Stricture. Tristan Haze (2016), however, has recently objected that intuitively valid argumentative forms such as (...) conjunction introduction do not satisfy this constraint. This paper has two goals. First, it argues that the Brogaard-Salerno Stricture is not violated in Haze’s putative counter-example. Second, it argues that since this stricture blocks the usual counter-examples to instances of classical argumentative forms that involve indicative or subjunctive conditionals, it is reasonable to infer that indicative and subjunctive conditionals are material. (shrink)

In this article we introduce the reader to the reasons that led to this collection: an interdisciplinary exploration aimed at renewing interest in Luigi Einaudi’s search for «good government», broadly understood as «good society». Prompted by the Einaudian quest, the essays – exploring philosophy of law, economics, politics and epistemology – develop the issue of good government in several forms, including the relationship between public and private, public governance, the question of freedom and the complexity of the human in (...) contemporary societies. The common thread of these essays is that problematic but indissoluble knot that tells us something deeply human: our being torn between homing and roaming, institutional and individual, law and freedom, real and ideal. (shrink)

Several theorists have been attracted to the idea that in order to account for counterpossibles, i.e. counterfactuals with impossible antecedents, we must appeal to impossible worlds. However, few have attempted to provide a detailed impossible worlds account of counterpossibles. Berit Brogaard and Joe Salerno’s ‘Remarks on Counterpossibles’ is one of the few attempts to fill in this theoretical gap. In this article, I critically examine their account. I prove a number of unanticipated implications of their account that end up (...) implying a counterintuitive result. I then examine a suggested revision and point out a surprising implication of the revision. (shrink)

The epistle 49 by Peter Damian contains an original allegorical interpretation of the Jewish Sabbath as a day of rest, enriched by a mystical exegesis of the biblical Hexameron, in which the six days of creation correspond to the inner journey of man called to intimately unite with God. Peter Damian expresses this process of deification through the two images of man as microcosm and sovereign of creation and man as temple of God. The main source of Damian’s text seems (...) to be the De natura hominis by Nemesius of Emesa, which he knows thanks to the translation of Alfanus I of Salerno, one of the recipients of the epistle: this is confirmed by textual evidences, but also by a preliminary historical and historiographic reconstruction of the clue of friendship that binds Peter Damian to the archbishop of Salerno. (shrink)

The article concerns the relationship between Luigi Giussani's thought and contemporary Virtue Ethics.

The book presents an interdisciplinary exploration aimed at renewing interest in Luigi Einaudi’s search for “good government”, broadly understood as “good society”. Prompted by the Einaudian quest, the essays - exploring philosophy of law, economics, politics and epistemology - develop the issue of good government in several forms, including the relationship between public and private, public governance, the question of freedom and the complexity of the human in contemporary societies.

Prima parte. Genealogia heideggeriana del pensiero di Luig Pareyson e di Gianni Vattimo -- Seconda parte. Ontologie ed ermeneutiche del cristianesimo -- Conclusione -- Appendice I. Intervista a Gianni Vattimo -- Appendice II. Intervista a Claudio Ciancio -- Bibliografia. Martin Heidegger ; Luigi Pareyson ; Gianni Vattimo ; Altri autori.

I will argue here that Einaudi's thought reveals an awareness that the question of freedom has to do with two inter-related problems: the relation of individuals or communities with their respective limits and the question of going beyond these limits. Limits are to be understood here in the meaning of the foundation or conditions of possibility both of institutions (economic, political and juridical) and of thought and human action.

A proposta é construir uma ponte de intersecção entre os pensamentos de Pareyson, Aristóteles e Platão, e, ancorando-a nos conceitos cunhados na Teoria da Formatividade, expor como o filósofo italiano relê as problemáticas colocadas pelos filósofos gregos antigos e de que maneira esta interseção de pensamentos e conceitos contribuem para a reflexão sobre Arte na atualidade e em particular para a análise da produção pictórica de Gerhard Richter.

A proposta é construir uma ponte de intersecção entre os pensamentos de Pareyson, Aristóteles e Platão, e, ancorando-a nos conceitos cunhados na Teoria da Formatividade, expor como o filósofo italiano relê as problemáticas colocadas pelos filósofos gregos antigos e de que maneira esta interseção de pensamentos e conceitos contribuem para a reflexão sobre Arte na atualidade e em particular para a análise da produção pictórica de Gerhard Richter.

If one wishes to understand what money is, to whom should one turn as the most reliable source of knowledge? Of course, economists propose themselves as the experts on the matter. Who, if not those who study in- terest rates, prices and exchanges could know more about the nature of money? Yet, with a few exceptions, those philosophers in the burgeoning field of social ontology who ask ‘what is money?’ (or, for that matter, ‘what is a marriage?, ‘what is ownership?’, (...) ‘what is a cocktail party?’, etc.) tend to ignore what past and present social scientists maintain on these issues. John Searle comes to mind as having such an insulated approach. Since The Construction of Social Reality, Searle has repeatedly claimed to have found no adequate definition of institutions on the part of those scholars who are the most concerned with them. Understanding Institutions leaves a different impression about the state of the art. In this elegant book, Francesco Guala shows that social scien- tists, economists in particular, can actually be trusted in how they under- stand the notions which they apply. Guala finds in game theory the relevant conceptual framework in which to explore the nature of institutions. Fol- lowing David Hume, David Lewis, and Edna Ullmann-Margalit, he defends a view, termed the rule-in-equilibrium account, which conceives institutions as solutions to coordination problems. For example, to determine what a marriage is, we must look at the range of coordination dilemmas which married couples have resolved: Who cooks? Who picks up the children f rom school? Who washes the dishes? etc. Likewise, the institution of own- ership states who will make use of what? The highway code indicates which side of the road to drive on. Cocktail parties? I gather they specify when to entertain and who to bond with. (shrink)

Berit Brogaard and Joe Salerno (2008) have defended the validity of counterfactual hypothetical syllogism (CHS) within the Stalnaker-Lewis account. Whenever the premisses of an instance of CHS are non-vacuosly true, a shift in context has occurred. Hence the standard counterexamples to CHS suffer from context failure. Charles Cross (2011) rejects this argument as irreconcilable with the Stalnaker-Lewis account. I argue against Cross that the basic Stalnaker-Lewis truth condition may be supplemented in a way that makes (CHS) valid. Yet pace (...) Brogaard and Salerno, there are alternative ways of spelling out the basic truth condition which are standard in most debates; and given these ways, the counterexamples to CHS are successful. (shrink)

Vogel argues that sensitivity accounts of knowledge are implausible because they entail that we cannot have any higher-level knowledge that our beliefs are true, not false. Becker and Salerno object that Vogel is mistaken because he does not formalize higher-level beliefs adequately. They claim that if formalized correctly, higher-level beliefs are sensitive, and can therefore constitute knowledge. However, these accounts do not consider the belief-forming method as sensitivity accounts require. If we take bootstrapping as the belief-forming method, as the (...) discussed cases suggest, then we face a generality problem. Our higher-level beliefs as formalized by Becker and Salerno turn out to be sensitive according to a wide reading of bootstrapping, but insensitive according to a narrow reading. This particular generality problem does not arise for the alternative accounts of process reliabilism and basis-relative safety. Hence, sensitivity accounts not only deliver opposite results given different formalizations of higher-level beliefs, but also for the same formalization, depending on how we interpret bootstrapping. Therefore, sensitivity accounts do not fail because they make higher-level knowledge impossible, as Vogel argues, and they do not succeed in allowing higher-level knowledge, as Becker and Salerno suggest. Rather, their problem is that they deliver far too heterogeneous results. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, 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)

According to the “paradox of knowability”, the moderate thesis that all truths are knowable – ... – implies the seemingly preposterous claim that all truths are actually known – ... –, i.e. that we are omniscient. If Fitch’s argument were successful, it would amount to a knockdown rebuttal of anti-realism by reductio. In the paper I defend the nowadays rather neglected strategy of intuitionistic revisionism. Employing only intuitionistically acceptable rules of inference, the conclusion of the argument is, firstly, not ..., (...) but .... Secondly, even if there were an intuitionistically acceptable proof of ..., i.e. an argument based on a different set of premises, the conclusion would have to be interpreted in accordance with Heyting semantics, and read in this way, the apparently preposterous conclusion would be true on conceptual grounds and acceptable even from a realist point of view. Fitch’s argument, understood as an immanent critique of verificationism, fails because in a debate dealing with the justification of deduction there can be no interpreted formal language on which realists and anti-realists could agree. Thus, the underlying problem is that a satisfactory solution to the “problem of shared content” is not available. I conclude with some remarks on the proposals by J. Salerno and N. Tennant to reconstruct certain arguments in the debate on anti-realism by establishing aporias. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

The interview focuses on specific aspects of Giuseppe Cacciatore's philosophy, with particular emphasis on the connection between theoretical speculation and civil practice. As highlighted by philosopher Giuseppe Cantillo, Cacciatore' s works strive to combine thought and history at every point, starting with Pietro Piovani's 'critical-problematic historicism'. The outcome is a theoretical system that is aimed at civil and political commitment, while at the same time maintaining a genuinely ideal motivation.

In Kant’s Critique of Pure Reason and the Method of Metaphysics (CUP 2023), I argue that the first Critique is not only a ‘propaedeutic’ to metaphysics, but actually already establishes parts of metaphysics. These parts belong to what Kant calls transcendental philosophy. Additionally, I also provide an account of Kant’s critique of dogmatism and Wolff as its main defender. In this paper, I take up Luigi Filieri’s and Davide Dalla Rosa’s invitation to further develop my characterization of transcendental philosophy (...) and I respond to Michael Walschots’s objections against my interpretation of Kant’s critique of Wolff’s dogmatism. (shrink)

Introductory essay to the collection "I that is We, We that is I" (ed. by Italo Testa and Luigi Ruggiu, Brill Books, 2016). In this book an international group of philosophers explore the many facets of Hegel’s formula which expresses the recognitive and social structures of human life. The book offers a guiding thread for the reconstruction of crucial motifs of contemporary thought such as the socio-ontological paradigm; the action-theoretical model in moral and social philosophy; the question of naturalism; (...) and the reassessment of the relevance of work and power for our understanding of human life. This collection addresses the shortcomings of Kantian and constructivist normative approaches to social practices and practical rationality it involves. It sheds new light on Hegel’s take on metaphysics and puts into question some presuppositions of the post-metaphysical interpretative paradigm. (shrink)

Il breve saggio si propone di esaminare la centralità della figura materna nell’opera di un ingegnoso costruttore di storie della letteratura italiana del Novecento: Alberto Moravia. La scelta dell’Autore nasce dalla rilevanza della tematica nella sua opera, in cui peraltro è quasi sempre assente il punto di vista femminile delle “voci” delle donne. Ciò sembra paradossale e questa circostanza è di grande interesse critico. In particolare, a dispetto delle interpretazioni più canoniche, secondo cui Moravia – negli scritti realizzati tra il (...) 1929 e il 1964 – ha inteso compiere una “distruzione” dell’immagine materna nel quadro di una visione pessimista della famiglia borghese, dovremo considerare un più complesso e articolato universo materno nello scrittore romano, in cui è possibile ricostruire cinque modelli – la “madre autoritaria”, la “madre-non madre”, la “madre padrona”, la “madre-angelo custode” e la “madre-seduttrice” –, ben esemplificati nei principali romanzi ma che si ritrovano nei racconti che Moravia scrive ininterrottamente dagli anni Trenta agli anni Sessanta, la cui mole ha determinato, ancor oggi, una mancanza di studi sistematici. In secondo luogo, la tematica della madre sarà esaminata nelle trasposizioni cinematografiche italiane delle opere letterarie di Moravia. Va ricordato che il rapporto dello scrittore con il cinema fu particolarmente intenso. Per un verso, la “settima arte” rivestì un ruolo non secondario nella formazione ed esperienza estetica dell’Autore romano, che al cinema si interessò anche professionalmente nelle vesti di critico cinematografico, a partire dal primo dopoguerra, dapprima, per La nuova Europa e Libera stampa, poi, per L’Europeo e L’Espresso, a cui dobbiamo aggiungere l’attività di saggista per numerose riviste specializzate. Per altro verso, il cinema italiano non solo ha attinto a “mani basse” dall’opera di Moravia per sceneggiature di pellicole, che furono pietre miliari della sua storia. L’elenco dei romanzi e racconti adattati al grande schermo rende conto della grande influenza nella cultura italiana degli anni Cinquanta e Sessanta: La provinciale (1953) di Mario Soldati, La romana (1954) di Luigi Zampa, Peccato che sia una canaglia (1954) di Alessandro Blasetti, Racconti romani (1955) di Gianni Franciolini, La ciociara (1960) di Vittorio de Sica, La giornata balorda (1960) di Mauro Bolognini, Risate di gioia (1960) di Mario Monicelli, Agostino (o la perdita dell’innocenza) (1962) di Mauro Bolognini, La noia (1963) di Damiano Damiani, Gli indifferenti (1964) di Francesco Maselli, Le ore nude (1964) di Marco Vicario, La donna invisibile (1969) di Paolo Spinola, Una ragazza piuttosto complicata (1969) di Damiano Damiani, L’amore coniugale (1970) di Dacia Maraini, Il conformista (1970) di Bernardo Bertolucci, e molti altri ancora. Come avremo modo soltanto di accennare, il successo della letteratura moraviana nel mondo del cinema italiano si deve a molteplici fattori, tra cui la raffigurazione dei personaggi e degli ambienti, la focalizzazione su certe tematiche e, non da ultimo, lo stile narrativo, particolarmente adatto alle trasposizioni cinematografiche. Come caso di studio, ci soffermeremo, infine, sulla figura materna della versione filmica de La noia di Damiani, con l’obiettivo di verificare se nel passaggio dal libro alla pellicola, quella particolare connotazione della madre autoritaria abbia subito delle alterazioni. L’ipotesi che muove l’analisi è che la stesura delle sceneggiature, la raffigurazione dei personaggi e la messa in scena delle sequenze filmiche facciano emergere un riadattamento adeguato al largo pubblico, con il sovvertimento dell’andamento cronologico, alcune “lacune” di ordine psicologico nella raffigurazione dei protagonisti e un certo cedimento moralistico alla cultura ancora dominante negli anni ’50 e ’60, in cui la figura materna, sia quando è incattivita dalla povertà che quando è inaridita dalla ricchezza, anela comunque agli affetti familiari, trovando in essi una qualche forma di redenzione. (shrink)

Carlo Colombo è un teologo italiano, che insegnò a Venegono (diocesi di Milano) dal 1935 al 1965. Egli promosse un incontro tra il tomismo e le nuove correnti teologiche, ispirate a Blondel e al rinnovamento neo-patristico, cercando di salvaguardare sia l'oggettività della conoscenza concettuale, sia l'importanza dell'affettività e della ricerca di felicità che animano il soggetto umano. Il suo pensiero ha contribuito alla formazione di don Luigi Giussani, fondatore del movimento ecclesiale di Comunione e Liberzazione.

Atas do III Colóquio Internacional de Metafísica. [ISBN 978-85-7273-730-2]. Sumário: 1. Prazer, desejo e amor-paixão no texto de Lucrécio, por Antonio Júlio Garcia Freire; 2. Anaximandro: física, metafísica e direito, por Celso Martins Azar Filho; 3. Carta a Guimarães Rosa, por Cícero Cunha Bezerra; 4. Ante ens, non ens: La primacía de La negación em El neoplatonismo medievel, por Claudia D’Amico; 5. Metafísica e neoplatonismo, por David G. Santos; 6. Movimento e tempo no pensamento de Epicuro, por Everton da Silva (...) Rocha; 7. Críticas e elogios de Nietzche a Sócrates, por Fernanda Bulhões; 8. Sobre a Metafísica ou a respeito do jejum, por Gilvan Fogel; 9. A origem estética da ontologia hermenêutica de Luigi Pareyson, por Íris Fátima da Silva; 10. A Natureza da filosofia de Hume, por Jaimir Conte; 11. Logique ET métaphysique, por Jean-Baptiste Jainet; 12. Blaise Pascal: da recusa da metafísica da raison à metafísica do « estudo do homem », por João Emiliano Fotaleza de Aquino; 13. O niilismo no prólogo de Assim Falou Zaratustra. Por José Elielton de Sousa; 14. Presencia;Ausência: de Plotino a Procolo, por José Maria Zamora; 15. A natureza do Eros platônico, por Jovelina Maria Ramos de Souza; 16. Breve comentário acerca da origem da Gelassenheit de Heidegger a partir da mística de mestre Eckkart, por Luiz Fernando Fontes-Teixeira; 17. Humanismo e domesticação em Regras para o parque humano, por Luiz Roberto Alves dos Santos; 18. Contra a teoria de dois mundos na filosofia de Platão (República V 476e-478e), por Marcelo Pimenta Marques; 19. Sensações, impressões, projeções: as afecções do pensamento, por Markus Figueira da Silva; 20. Contribuições à história de uma metáfora: Heidegger e Nicolau de Cusa, por Oscar Federico Bauchwitz; 21. Uma impossibilidade ontológica em Schopenhauer, por Paulo César Oliveira Vasconcelos; 22. Ser e fenômeno: a Fenomenologia como teoria estética da ciência, por Pedro Paulo Coroa; 23. Para que serve a Metafísica de Aristóteles? O exemplo do movimento animal, por Pierre-marie Morel; 24. Contribuições para uma ontologia digital, por Rafael Capurro; 25. O que é o fim da metafísica, por Rodrigo Ribeiro Alves Neto; 26. A Physis na conformação do logos: linguagem e pensamento no corpus epicúreo, por Rodrigo Vidal do Nascimento; 27. O acontecimento de mundo na era da informação, por Soraya Guimarães da Silva; 28. Apofaticismo e abstração em Mark Rothko, por Vanessa Alves de Lacerda Santos. -/- . (shrink)

Many of Marco Aurelio Severino’s works were published in Germany, thanks to the intercession of his pupils. The prestigious Nürnberg physician Johann Georg Volkamer was Severino’s closest pupil. A relevant manuscript letter of Severino to Volkamer sheds new light on the context of the edition of Severino’s Zootomia democritaea. The correspondence between Severino and Volkamer was firstly studied by Luigi Amabile in the Ninteenth-century, and it was fully exploited by Maurizio Torrini about a century later.

Even though the American thinker John Dewey and the Italian Luigi Pareyson belong to two different philosophical traditions, on the aesthetic ground they show many resonances and similarities. Using Pareyson’s words, “just as it happens between people, who in particularly happy encounters […] reveal themselves to each other,” it is therefore possible to have Dewey’s aesthetics and Pareyson’s dialogue with each other, highlighting their affinities. This operation can strengthen the idea that the aesthetic experience is a way to fulfil (...) human existence. Thus, the hermeneutic character of Pareyson’s aesthetics in combination with Deweyan pragmatist aesthetic theory not only have great importance for the artistic experience, but also considerable value for human beings’ everyday lives. -/- Starting from some Deweyan resonances in Pareyson’s aesthetics, the discourse focuses on his aesthetics in its educational and hermeneutic significance within the dialogue between the two philosophers, coming, finally, to Dewey’s and Pareyson’s aesthetics in connection with so-called “everyday aesthetics.” Although a Deweyan influence on Pareyson is ascertained, and the similarities between them are not superficial at all, it is worth bearing in mind the different backgrounds of the two philosophers in order to accurately situate their reflections. (shrink)

In this afterword I will try to re-launch the inquiry into the causes of good-bad polity and good-bad relationships between man and society, individual and institutions. Through an analogy between Einaudi’s search for good government and Calvino’s “Invisible cities”, I will sketch an account of the human and invisible foundations – first of all: trust/distrust – of any good-bad polity.

The paper discusses the relationship between Adam Smith’s economic doctrines and his ethical doctrines in the light of the “Lectures on Jurisprudence”. The main claim is a comparatively autonomous status of economic discourse, an autonomy granted not by dismissal of ethical claims but instead precisely by a given constellation of claims, on liberty, justice, equality, prudence and benevolence.

The paper explores the original reception of Nietzsche's philosophy provided by the Italian pragmatists Giovanni Vailati and Giovanni Papini.

In this paper, we present one of the main starting points of naturalism in ethics: Geach’s challenge against non-cognitivism. We try to find an answer to Geach’s challenge in the notion of family resemblance applied to ethics. In doing so we recover a not much-discussed influence of Moore on Wittgenstein’s conception of family resemblance, which leads us to define Wittgenstein as non-non-cognitivist in ethics. -/- Pre print (some changes in the published edition).