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)

With the advent of computers in the experimental labs, dynamic systems have become a new tool for research on problem solving and decision making. A short review of this research is given and the main features of these systems (connectivity and dynamics) are illustrated. To allow systematic approaches to the influential variables in this area, two formal frameworks (linear structural equations and finite state automata) are presented. Besides the formal background, the article sets out how the task demands of system (...) identification and system control can be realised in these environments, and how psychometrically acceptable dependent variables can be derived. (shrink)

Matthew Adler's Measuring Social Welfare is an introduction to the social welfare function (SWF) methodology. This essay questions some ideas at the core of the SWF methodology having to do with the relation between the SWF and the measure of well-being. The facts about individual well-being do not single out a particular scale on which well-being must be measured. As with physical quantities, there are multiple scales that can be used to represent the same information about well-being; no one scale (...) is special. Like physical laws, the SWF and its ranking of distributions cannot depend on exactly which of these scales we use. Adler and other theorists in the SWF tradition have used this idea to derive highly restrictive constraints on the shape of the SWF. These constraints rule out seemingly plausible views about distributive justice and population ethics. I argue, however, that these constraints stem from a simple but instructive mistake. The SWF should not be applied to vectors of numbers such as 1 and 2, but rather to vectors of dimensioned quantities such as 1 util and 2 utils. This seemingly pedantic suggestion turns out to have far-reaching consequences. Unlike the orthodox SWF approach, treating welfare levels as dimensioned quantities lets us distinguish between real changes in well-being and mere changes in the unit of measurement. It does this without making the SWF depend on the scale on which welfare is measured, and in a way that avoids the restrictive constraints on the shape of the SWF. (shrink)

In the last 20 years, a stream of research emerged under the label of „complex problem solving“ (CPS). This research was intended to describe the way people deal with complex, dynamic, and intransparent situations. Complex computer-simulated scenarios were as stimulus material in psychological experiments. This line of research lead to subtle insights into the way how people deal with complexity and uncertainty. Besides these knowledge-rich, realistic, intransparent, complex, dynamic scenarios with many variables, a second line of research used more simple, (...) knowledge-lean scenarios with a low number of variables („minimal complex systems“, MCS) that have been proposed recently in problem-solving research for the purpose of educational assessment. In both cases, the idea behind the use of microworlds is to increase validity of problem solving tasks by presenting interactive environments that can be explored and controlled by participants while pursuing certain action goals. The main argument presented here is: both types of systems - CPS and MCS – can only be dealt with successfully if causal dependencies between input and output variables are identified and used for system control. System knowledge is necessary for control and intervention. But CPS and MCS differ in their way of how causal dependencies are identified and how the mental model is constructed; therefore, they cannot be compared directly to each other with respect to the cognitive processes that are necessary for solving the tasks. Knowledge-poor MCS tasks address only a small fraction of the cognitive processes and structures needed for knowledge-rich CPS situations. (shrink)

In this article, I examine the moral dimensions of gender affirmation. I argue that the moral value of gender affirmation is rooted in what Iris Murdoch called loving attention. Loving attention is central to the moral value of gender affirmation because such affirmation is otherwise too fragile or insincere to have such value. Moral reasons to engage in acts that gender affirm derive from the commitment to give and express loving attention to trans people as a way of challenging their (...) marginalization. In the latter part of the paper, I will discuss how my arguments bear on recent arguments by Robin Dembroff and Daniel Wodak (2018) on the use of gender-neutral language. They argue that we have a duty not to use gender-specific pronouns for anyone. Their conclusion turns, in part, on a rejection of gender affirmation as a moral duty. The value of gender affirmation, rooted in our moral perception of trans people, should make us skeptical of this conclusion, in favor of a more nuanced and pluralistic approach to the ethics of gendering. (shrink)

What are consequential world problems? As “grand societal challenges”, one might define them as problems that affect a large number of people, perhaps even the entire planet, including problems such as climate change, distributive justice, world peace, world nutrition, clean air and clean water, access to education, and many more. The “Sustainable Development Goals”, compiled by the United Nations, represent a collection of such global problems. From my point of view, these problems can be seen as complex. Such complex problems (...) are characterized by the complexity, connectivity, dynamics, intransparency, and polytely of their underlying systems. These attributes require special competencies for dealing with the uncertainties of the given domains, e.g., critical thinking. My position is that it is not IQ, but complex problem-solving competencies for dealing with complex and dynamic situations, that is important for handling consequential global problems. These problems require system competencies, i.e., competencies that go beyond analytical intelligence, and comprise systems understanding as well as systems control. Complex problem-solving is more than analytic intelligence. (shrink)

Many say that ontological disputes are defective because they are unimportant or without substance. In this paper, we defend ontological disputes from the charge, with a special focus on disputes over the existence of composite objects. Disputes over the existence of composite objects, we argue, have a number of substantive implications across a variety of topics in metaphysics, science, philosophical theology, philosophy of mind, and ethics. Since the disputes over the existence of composite objects have these substantive implications, they are (...) themselves substantive. (shrink)

ABSTRACT The idea that two words can be instances of the same word is a central intuition in our conception of language. This fact underlies many of the claims that we make about how we communicate, and how we understand each other. Given this, irrespective of what we think words are, it is common to think that any putative ontology of words, must be able to explain this feature of language. That is, we need to provide criteria of identity for (...) word-types which allow us to individuate words such that it can be the case that two particular word-instances are instances of the same word-type. One solution, recently further developed by Irmak, holds that words are individuated by their history. In this paper, I argue that this view either fails to account for our intuitions about word identity, or is too vague to be a plausible answer to the problem of word individuation. (shrink)

Ectogestation involves the gestation of a fetus in an ex utero environment. The possibility of this technology raises a significant question for the abortion debate: Does a woman’s right to end her pregnancy entail that she has a right to the death of the fetus when ectogestation is possible? Some have argued that it does not Mathison & Davis. Others claim that, while a woman alone does not possess an individual right to the death of the fetus, the genetic parents (...) have a collective right to its death Räsänen. In this paper, I argue that the possibility of ectogestation will radically transform the problem of abortion. The argument that I defend purports to show that, even if it is not a person, there is no right to the death of a fetus that could be safely removed from a human womb and gestated in an artificial womb, because there are competent people who are willing to care for and raise the fetus as it grows into a person. Thus, given the possibility of ectogestation, the moral status of the fetus plays no substantial role in determining whether there is a right to its death. (shrink)

For millennia, knowledge has eluded a precise definition. The industrialization of knowledge (IoK) and the associated proliferation of the so-called knowledge communities in the last few decades caused this state of affairs to deteriorate, namely by creating a trio composed of data, knowledge, and information (DIK) that is not unlike the aporia of the trinity in philosophy. This calls for a general theory of knowledge (ToK) that can work as a foundation for a science of knowledge (SoK) and additionally distinguishes (...) knowledge from both data and information. In this paper, I attempt to sketch this generality via the establishing of both knowledge structures and knowledge systems that can then be adopted/adapted by the diverse communities for the respective knowledge technologies and practices. This is achieved by means of a formal–indeed, mathematical–approach to epistemological matters a.k.a. formal epistemology. The corresponding application focus is on knowledge systems implementable as computer programs. (shrink)

This essay interprets Butler’s distinction between identity in the loose and popular sense and in the strict and philosophical sense. Suppose there are different standards for counting the same things. Then what are two distinct things counting strictly may be one and the same thing counting loosely. Within a given standard identity is one-one. But across standards it is many-one. An alternative interpretation using the parts-whole relation fails, because that relation should be understood as many-one identity. Another alternative making identity (...) relative to sort fails, because whole and parts can be of the same sort. (shrink)

I defend the epistemic thesis that evaluations of people in terms of their moral character as good, bad, or intermediate are almost always epistemically unjustified. (1) Because most people are fragmented (they would behave deplorably in many and admirably in many other situations), one's prior probability that any given person is fragmented should be high. (2) Because one's information about specific people does not reliably distinguish those who are fragmented from those who are not, one's posterior probability that any given (...) person is fragmented should be close to one's prior—and thus should also be high. (3) Because being fragmented entails being indeterminate (neither good nor bad nor intermediate), one's posterior probability that any given person is indeterminate should also be high—and the epistemic thesis follows. (1) and (3) rely on previous work; here I support (2) by using a mathematical result together with empirical evidence from personality psychology. (shrink)

Two attitudes are possible: one, that the world is an absolute jungle and that the exercise of coercive power by rulers is only a manifestation of this; and the other, that it is both necessary and right that there should be this exercise of power, that through it the world is much less of a jungle than it could possibly be without it, so that one should in principle be glad of the existence of such power, and only take exception (...) to its unjust exercise. (shrink)

Complex problem solving (CPS) emerged in the last 30 years in Europe as a new part of the psychology of thinking and problem solving. This paper introduces into the field and provides a personal view. Also, related concepts like macrocognition or operative intelligence will be explained in this context. Two examples for the assessment of CPS, Tailorshop and MicroDYN, are presented to illustrate the concept by means of their measurement devices. Also, the relation of complex cognition and emotion in the (...) CPS context is discussed. The question if CPS requires complex cognition is answered with a tentative “yes.”. (shrink)

This thesis deals with Ernst Cassirer's work "Philosophie der Symbolischen Formen". The author analyses Cassirer's argumentation and examines how he understands the relationship between symbols and human thought. Cassirer argues that human thought is characterized by symbols, which are a kind of language. Symbols enable us to think about complex concepts and communicate about abstract ideas. Cassirer argues that language and symbols play a central role in understanding the world and human experience. Funke discusses Cassirer's ideas in the context of (...) contemporary philosophy and points out that his work has important implications for today's research. The author emphasizes that the study of the relationship between language, symbols and human thought can provide important insights into the workings of the human mind. In summary, the work provides a detailed analysis of Cassirer's work and emphasizes the importance of his ideas for modern philosophy. The study of the role of language and symbols in human thought is still an important field of research today that expands our understanding of human cognition. (shrink)

Construing the instantiation of a universal by a particular in terms of my theory of aspects resolves the basic mystery of this "non-relational tie", and gives theoretical unity to the four characteristics of instantiation discerned by Armstrong. Taking aspects as distinct in a way akin to Scotus's formal distinction, I suggest that instantiation is the sharing of an aspect by a universal and a particular--a kind of partial identity. This approach allows me to address Plato's multiple location and One over (...) Many problems, Bradley's problem concerning the instantiation of relations, and the problem of change. (shrink)

Doxasticism is the thesis that intention is or involves belief in the forthcoming action (Velleman, Harman). Supporters claim that it is only by accepting that thesis that we can explain a wide array of important phenomena, including the special knowledge we have of intentional action, the roles intention plays in facilitating coordination, and the norms of rationality for intention. Others argue that the thesis is subject to counterexample (Davidson, Bratman). Yet some others contend that the thesis can be reformulated in (...) a way that avoids such counterexamples and preserves its explanatory significance (Pears, Setiya). Their suggestion is that we view intention as involving partial –rather than full—belief. I argue that while the move from full to partial doxasticism helps to accommodate such counterexamples, it does so in a way that undermines the ability of the resulting view to explain the coordinating roles of and rationality norms for intention. (shrink)

You may not know me well enough to evaluate me in terms of my moral character, but I take it you believe I can be evaluated: it sounds strange to say that I am indeterminate, neither good nor bad nor intermediate. Yet I argue that the claim that most people are indeterminate is the conclusion of a sound argument—the indeterminacy paradox—with two premises: (1) most people are fragmented (they would behave deplorably in many and admirably in many other situations); (2) (...) fragmentation entails indeterminacy. I support (1) by examining psychological experiments in which most participants behave deplorably (e.g., by maltreating “prisoners” in a simulated prison) or admirably (e.g., by intervening in a simulated theft). I support (2) by arguing that, according to certain plausible conceptions, character evaluations presuppose behavioral consistency (lack of fragmentation). Possible reactions to the paradox include: (a) denying that the experiments are relevant to character; (b) upholding conceptions according to which character evaluations do not presuppose consistency; (c) granting that most people are indeterminate and explaining why it appears otherwise. I defend (c) against (a) and (b). (shrink)

Why does classical equilibrium statistical mechanics work? Malament and Zabell (1980) noticed that, for ergodic dynamical systems, the unique absolutely continuous invariant probability measure is the microcanonical. Earman and Rédei (1996) replied that systems of interest are very probably not ergodic, so that absolutely continuous invariant probability measures very distant from the microcanonical exist. In response I define the generalized properties of epsilon-ergodicity and epsilon-continuity, I review computational evidence indicating that systems of interest are epsilon-ergodic, I adapt Malament and Zabell’s (...) defense of absolute continuity to support epsilon-continuity, and I prove that, for epsilon-ergodic systems, every epsilon-continuous invariant probability measure is very close to the microcanonical. (shrink)

According to Sternberg (Transformational giftedness. In T. L. Cross & P. Olszewski-Kubilius (Eds.), Conceptual frameworks for giftedness and talent development (pp. 203–234). Prufrock Press, 2020; Transformational vs. transactional deployment of intelligence. Journal of Intelligence, 9(15), 2021), transformationally gifted children are those who view to make a positive, meaningful, and enduring difference to the world. To reach their goal, they need competencies to deal with the complexities of the twenty-first century. This means: they must understand the features of complex problems to (...) develop solutions for them. What they need is a kind of critical thinking paired with systems competency, i.e., the ability to construct mental models of abstract systems, to form and test hypotheses about these systems, and to develop strategies for system identification and successful control of such systems. Also, a strong emphasis on values is needed. (shrink)

The discussion in Perspectives on Psychological Science about criteria for scholarly merit shows a potential bias of quantitative measurements compared with informed judgments of scholarly merits. This comment argues for a selection procedure that is open for qualitative arguments.

The Afro-Latin dance known as ‘salsa’ is a fusion of multiple dances from West Africa, Muslim Spain, enslaved communities in the Caribbean, and the United States. In part due to its global origins, salsa was pivotal in the development of the Figuration philosophy of dance, and for ‘dancing with,’ the theoretical method for social justice derived therefrom. In the present article, I apply the completed theory Figuration exclusively to salsa for the first time, after situating the latter in the dance (...) studies literature. My first section explores Juliet McMains’ recent history, Spinning Mambo into Salsa, with an emphasis on the dynamics of class, race and sex therein. My second section explores a resonant Afro-Latin dance history, Marta E. Savigliano’s Tango and the Political Economy of Passion, where she deploys salsa’s sister-dance (tango) as a ‘counter-choreography’ to the choreography of postmodern neocolonialism. And my third section applies Figuration’s four central aspects of dance (or ‘Moves’) to salsa qua member of its ‘societal’ family of dance. In conclusion, through partnering with salsa, Figuration emerges as a member of its own ‘discursive’ family of dance, while salsa emerges as a gestural discourse capable of helping reconstruct a more socially-just world from the postmodern ruins of today. (shrink)

"Surrender; therefore, surrender or fight" is apparently an argument corresponding to an inference from an imperative to an imperative. Several philosophers, however (Williams 1963; Wedeking 1970; Harrison 1991; Hansen 2008), have denied that imperative inferences exist, arguing that (1) no such inferences occur in everyday life, (2) imperatives cannot be premises or conclusions of inferences because it makes no sense to say, for example, "since surrender" or "it follows that surrender or fight", and (3) distinct imperatives have conflicting permissive presuppositions (...) ("surrender or fight" permits you to fight without surrendering, but "surrender" does not), so issuing distinct imperatives amounts to changing one's mind and thus cannot be construed as making an inference. In response I argue inter alia that, on a reasonable understanding of 'inference', some everyday-life inferences do have imperatives as premises and conclusions, and that issuing imperatives with conflicting permissive presuppositions does not amount to changing one's mind. (shrink)

In this paper, we examine the use of the term ‘life’ in the debates within and about synthetic biology. We review different positions within these debates, focusing on the historical background, the constructive epistemology of laboratory research and the pros and cons of metaphorical speech. We argue that ‘life’ is used as buzzword, as folk concept, and as theoretical concept in inhomogeneous ways. Extending beyond the review of the significant literature, we also argue that ‘life’ can be understood as aBurstwordin (...) two concrete senses. Firstly, terms such as life easily turn into fuzzy, foggy and buzzy clouds of nonsense, if their use is not appropriately reflected. In these cases, the semantic orientation is detonated. This is theBurstword Icharacteristic of the concept of ‘life’ that we reveal for its unclear terminological use. Secondly, and in contrast toBurstword I, we show that the concept of ‘life’ can be used in a methodologically controlled way. We call this kind of useBurstword II. Here the concept of ‘life’ fulfils the function of expanding an inadequately narrow disciplinary or conceptual focus in different discursive contexts. In this second sense, ‘life’ receives an important operational function, for instance as a transdisciplinary research principle. It turns out that the innovative function and paradigm-changing power of metaphorical speech belong here as well. Finally, we illustrate three ethically relevant examples that show how ‘life’ can be applied asBurstword IIin the context of synthetic biology. (shrink)

In the early part of the paper, I attempt to explain a dispute between two parties who endorse the compositionality of language but disagree about its implications: Paul Horwich, and Jerry Fodor and Ernest Lepore. In the remainder of the paper, I challenge the thesis on which they are agreed, that compositionality can be taken for granted. I suggest that it is not clear what compositionality involves nor whether it obtains. I consider some kinds of apparent counterexamples, and compositionalist responses (...) to them in terms of covert indexicality and unspecific meanings. I argue that the last option is the best for most of the cases I consider. I conclude by stressing, as against Horwich and Fodor and Lepore, that the appropriate question concerns the extent to which compositionality obtains in a natural language, rather than whether it obtains or not, so that the answer is essentially messy, requiring detailed consideration of a wide range of examples. (shrink)

The developing body of empirical work on the "Gettier effect" indicates that, in general, the presence of a Gettier-type structure in a case makes participants less likely to attribute knowledge in that case. But is that a sufficient reason to diverge from a JTB theory of knowledge? I argue that considerations of good model selection, and worries about noise and overfitting, should lead us to consider that a live, open question. The Gettier effect is perhaps so transient, and so sensitive (...) to other, epistemologically-inappropriate factors, that it raises the question of whether it ought to be counted as something to include in our theories -- or as a piece of noise to be excluded from them. (shrink)

According to Hempel's paradox, evidence (E) that an object is a nonblack nonraven confirms the hypothesis (H) that every raven is black. According to the standard Bayesian solution, E does confirm H but only to a minute degree. This solution relies on the almost never explicitly defended assumption that the probability of H should not be affected by evidence that an object is nonblack. I argue that this assumption is implausible, and I propose a way out for Bayesians. Introduction Hempel's (...) paradox, the standard Bayesian solution, and the disputed assumption Attempts to defend the disputed assumption Attempts to refute the disputed assumption A way out for Bayesians Conclusion. (shrink)

We need modal imagination in order to extend our conception of reality - and, in particular, of human beings - beyond our immediate experience in the indexical present; and we need to do this in order to preserve the significance of human interaction. To make this leap of imagination successfully is to achieve not only insight but also an impartial perspective on our own and others' inner states. This perspective is a necessary condition of experiencing compassion for others. This is (...) the primary thesis I will try to defend in this discussion. (shrink)

An apparent incommensurability of two leading gravitational paradigms (metric and nonmetric) is considered. It is conjectured that the application of neutral language of A.P. Lightman, D.L. Lee and Kip S. Thorne (“The Foundation of Theory of Gravitational Theories”. Phys. Rev. D 1973, vol.7, pp.3563-3572) can help to solve the theory –choice problem in principle. Key words: neutral language, theory choice, gravity.

In “The Zygote Argument is Invalid: Now What?” (2015), Kristin Mickelson published an objection to the Zygote Argument that she first presented in 2012 as workshop comments on a draft of Mele's "Manipulation, Moral Responsibility, and Bullet-Biting" (2013). Assuming that the phrase "determinism precludes free will" means something like determinism-related causal factors are what prevent people from acting freely when determinism is true, Mele's original Zygote Argument was invalid. At the workshop, Mickelson presented Mele with two options to address the (...) problem, a premise-preserving option and a conclusion-preserving option. That is, Mele could change the conclusion of the original argument to the negative, non-explanatory thesis entailed by its original two premises, or find a way to add premises that would support the positive, explanatory conclusion of the original argument (which, notably, is the conclusion that Pereboom supports using best-explanation reasoning in his Four-Case Argument). Mickelson used this as an opportunity to explain the key contribution that best-explanation reasoning makes to manipulation arguments -- and why the best variant of the manipulation argument might conclude that incompatibilism is FALSE. In response to Mickelson's objection, Mele changed the conclusion of the argument before "Manipulation, Moral Responsibility, and Bullet-Biting" went to print, choosing Mickelson's proposal to change its conclusion over the suggestion to change its premises. However, Mele failed to mention Mickelson's invalidity objection in print and that he changed the conclusion of his argument as a direct response to it; nor did Mele mention the costs that Mickelson outlined for the premise-preserving solution that he adopted or the benefits of a conclusion-preserving solution. At the same time, Mele began using the term 'incompatibilism' to pick out the negative, non-explanatory claim supported by the newly revised Zygote Argument--and also started to claim (without providing evidence) that those who use the term 'incompatibilism' to denote the explanatory claim deterministic causal factors *make it the case* that no one acts freely when determinism is true" is guilty of using the term in a nonstandard and nontraditional way that he had "never had any use for"--failing to mention that he clearly used the term in this explanatory sense in his 2005 critique of the Four-Case Argument, which is to be expected give that Derk Pereboom uses the explanatory definition (as do Kadri Vihvelin, Carolina Sartorio, and *most* other contributors to the free-will literature). In THIS reply essay, Mickelson responds to an attempt by Gabriel De Marco (FSU, advisor Alfred Mele) to defend the original Zygote Argument from Mickelson's 2012/2015 critique. Unfortunately, both of De Marco's proposed "solutions" are non-starters. The first is a non-starter because De Marco merely repeats the premise-preserving solution that Mickelson offered to Mele in 2012 and that Mele adopted in print in 2013. In other words, De Marco took credit for the premise-preserving solution to the invalidity objection that Mickelson developed (although he does *redescribe* Mickelson's solution in his own idiosyncratic jargon) and Mele had already adopted in print. De Marco's second solution is a non-starter because it is constituted by a patently invalid argument. Contrary to De Marco's proposal, it's not true that the conjunction of possibilism and incompossibilism deductively entails the positive, diagnostic claim that deterministic causal factors beyond one's control preclude (destroy, undermine, is antagonistically relevant to) free will when determinism is true. *My thanks to the editors of Philosophia for publishing this reply when PhilStudies would not. (shrink)

Building on my previous exploration of the role of dance in the contemporary French political philosopher Jacques Rancière’s Aisthesis: Scenes from the Aesthetic Regime of Art, first published in French in 2011, the present essay turns to another book originally published in the same year, The Intervals of Cinema. Having previously established that the core of Rancière’s philosophical method is an analysis of philosophical homonyms into figurative dancing conceptual partners, I begin by applying that method to the first chapter of (...) Intervals, “Cinematic Vertigo: Hitchcock to Vertov and Back.” There I identify two series of such dancing partners, as follows: Hitchcock’s image-controlling, capitalist vertiginous fall, and Vertov’s movement-equalizing, communist balanced dance. I then critique the implicit marginalizing of women and female bodies in the films and chapter, including Hitchcock’s protagonist’s best friend and ex-fiancé, and Vertov’s cosmetologists and switchboard operators. Finally, I offer a corrective from the proto-feminist life of my grandmother, a onetime cosmetologist, switchboard operator, and Glamour Shots amateur model, my grandmother, Louise Nunnelley, or “Mamaw.” Such are the unacknowledged material basis of Rancière’s radical democratic philosophy, the specifically-embodied and positioned female dancers who continue to get lost in his figurative dance. (shrink)

Kadri Vihvelin, in "What time travelers cannot do" (Philos Stud 81: 315-330, 1996), argued that "no time traveler can kill the baby who in fact is her younger self, because (V1) "if someone would fail to do something, no matter how hard or how many times she tried, then she cannot do it", and (V2) if a time traveler tried to kill her baby self, she would always fail. Theodore Sider (Philos Stud 110: 115-138, 2002) criticized Vihvelin's argument, and Ira (...) Kiourti (Philos Stud 139: 343-352, 2008) criticized both Vihvelin's argument and Sider's critique. I present a critique of Vihvelin's argument different from both Sider's and Kiourti's critiques: I argue in a novel way that both V1 and V2 are false. Since Vihvelin's argument might be understood as providing a challenge to the possibility of time travel, if my critique succeeds then time travel survives such a challenge unscathed. (shrink)

As a retired professor, I join in the growing concerns among educators, and others, about plagiarism, especially now that AI tools like ChatGPT are so readily available. However, I feel more caution is needed, regarding temptations to rely on supposed automatic detection tools, like Turnitin, to solve the problems. Students can be unfairly accused if such tools are used unreflectingly. The Toronto Star's online version of this published Op Ed is available at the link shown below. The version attached here (...) is a pre-print, which also includes annotations for my references, which are not displayed in the published version. (shrink)

The Principal Principle (PP) says that, for any proposition A, given any admissible evidence and the proposition that the chance of A is x%, one's conditional credence in A should be x%. Humean Supervenience (HS) claims that, among possible worlds like ours, no two differ without differing in the spacetime-point-by-spacetime-point arrangement of local properties. David Lewis (1986b, 1994a) has argued that PP contradicts HS, and the validity of his argument has been endorsed by Bigelow et al. (1993), Thau (1994), Hall (...) (1994), Strevens (1995), Ismael (1996), Hoefer (1997), and Black (1998). Against this consensus, I argue that PP might not contradict HS: Lewis's argument is invalid, and every attempt – within a broad class of attempts – to amend the argument fails. (shrink)

Three-dimensionalists , sometimes referred to as endurantists, think that objects persist through time by being “wholly present” at every time they exist. But what is it for something to be wholly present at a time? It is surprisingly difficult to say. The threedimensionalist is free, of course, to take ‘is wholly present at’ as one of her theory’s primitives, but this is problematic for at least one reason: some philosophers claim not to understand her primitive. Clearly the three-dimensionalist would be (...) better off if she could state her theory in terms accessible to all. We think she can. What is needed is a definition of ‘is wholly present at’ that all can understand. in this paper, we offer one. (shrink)

People often discriminate based on negative or positive stereotypes about others. Important examples of this are highlighted by the theory of ambivalent sexism. This theory distinguishes sexist stereotypes that are negative (hostile sexism) from those that are positive (benevolent sexism). While both forms of sexism are considered wrong towards women, hostile sexism seems intuitively worse than benevolent sexism. In this article, we ask whether the difference between discriminating based on positive vs. negative stereotypes in itself makes a morally relevant difference. (...) We suggest that it does not. By examining a number of prominent accounts of what makes discrimination wrong, we defend the Moral Irrelevance View according to which stereotype valence is irrelevant to the moral evaluation of discrimination, all else equal. (shrink)

Most moral theories share certain features in common with other theories. They consist of a set of propositions that are universal, general, and hence impartial. The propositions that constitute a typical moral theory are (1) universal, in that they apply to all subjects designated as within their scope. They are (2) general, in that they include no proper names or definite descriptions. They are therefore (3) impartial, in that they accord no special privilege to any particular agent's situation which cannot (...) be justified under (2) and (3). These three features do not distinguish moral theories from other theories, nor indeed from most general categorical propositions we assert. Yet, in recent years, these features of moral theories have been the target of a certain concerted and sustained criticism, namely, that to be committed to such a moral theory, or to aspire to act in accordance with its requirements, results in what has come to be known as moral alienation. Moral alienation, according to this criticism, consists in (i) viewing one's ground projects from an impersonal, "moral point of view" engendered by one's acceptance of the theory; (ii) being prepared to sacrifice these projects to the requirements of moral principle; and (iii) making such a sacrifice specifically and self-consciously in order to conform to these requirements. Moral alienation is said to manifest itself in one (or both) of two ways, depending on the nature of the project thus susceptible to sacrifice. One may be alienated from oneself, if the project consists of tastes, convictions, or aspirations that are centrally definitive of one's self. In this case one's commitment to the project can be at best conditional on its congruence with one's moral theory. It is claimed that this must make for a rather tepid and unenthusiastic commitment indeed. Alternatively, one may be alienated from others, if the project is an interpersonal relationship such as a friendship, marriage, or collegial relationship. In this case one's responses to the other are motivated by one's awareness of what one's moral theory requires. It is claimed that this obstructs a genuine and unmediated emotional response to the other as such. My aim here will be to argue that this very compelling criticism - call it the moral-alienation criticism - is nevertheless misdirected. The real culprit is not any particular moral theory, but rather a certain familiar personality type that may or may not adopt it. (shrink)

I argue that Evolutionary Psychologists’ notion of adaptationism is closest to what Peter Godfrey-Smith (2001) calls explanatory adaptationism and as a result, is not a good organizing principle for research in the biology of human behavior. I also argue that adopting an alternate notion of adaptationism presents much more explanatory resources to the biology of human behavior. I proceed by introducing Evolutionary Psychology and giving some examples of alternative approaches to the biological explanation of human behavior. Next I characterize adaptation (...) and explain the range of biological phenomena that can count as adaptations. I go onto introduce the range of adaptationist views that have been distinguished by philosophers of biology and lay out explanatory adaptationism in detail. (shrink)

Software piracy is older than the PC and has been the subject of several studies, which have found it to be a widespread phenomenon in general, and among university students in particular. An earlier study by Cohen and Cornwell from a decade ago is replicated, adding questions about downloading music from the Internet. The survey includes responses from 224 students in entry-level courses at two schools, a nondenominational suburban university and a Catholic urban college with similar student profiles. The study (...) found that there has been few if any changes in student opinions regarding the unauthorized duplication of copy- righted materials. Students generally felt that copying commercial software and downloading music from the Internet was acceptable and found that there was no significant correlation between student attitudes and their school’s religious affiliation or lack thereof. Additionally, the study found that a small but significant percentage of respondents considered the other questionable behaviors as ethically acceptable. Finally, the reasons for these attitudes are discussed as well as what colleges can do to correct the situation. (shrink)

I propose an approach to naturalized philosophy of science that takes the social nature of scientific practice seriously. I criticize several prominent naturalistic approaches for adopting "cognitive individualism", which limits the study of science to an examination of the internal psychological mechanisms of scientists. I argue that this limits the explanatory capacity of these approaches. I then propose a three-level model of the social nature of scientific practice, and use the model to defend the claim that scientific knowledge is socially (...) produced. (shrink)

David Lewis (1980) proposed the Principal Principle (PP) and a “reformulation” which later on he called ‘OP’ (Old Principle). Reacting to his belief that these principles run into trouble, Lewis (1994) concluded that they should be replaced with the New Principle (NP). This conclusion left Lewis uneasy, because he thought that an inverse form of NP is “quite messy”, whereas an inverse form of OP, namely the simple and intuitive PP, is “the key to our concept of chance”. I argue (...) that, even if OP should be discarded, PP need not be. Moreover, far from being messy, an inverse form of NP is a simple and intuitive Conditional Principle (CP). Finally, both PP and CP are special cases of a General Principle (GP); it follows that so are PP and NP, which are thus compatible rather than competing. (shrink)

I was quite excited when I first read Restall and Russell’s (2010) paper. For two reasons. First, because the paper provides rigorous formulations and formal proofs of implication barrier theses, namely “theses [which] deny that one can derive sentences of one type from sentences of another”. Second (and primarily), because the paper proves a general theorem, the Barrier Construction Theorem, which unifies implication barrier theses concerning four topics: generality, necessity, time, and normativity. After thinking about the paper, I am satisfied (...) with its treatment of the first three topics, namely generality, necessity, and time. But I am not satisfied with its treatment of normativity, so my comments are exclusively on that topic. (shrink)

For centuries it has been a mainstay of European and American moral thought that keeping promises—and the allied activity of upholding contracts—is one of the most important requirements of morality. On some historically powerful views the obligation to uphold promises or contracts not only regulates private relationships, but also provides the moral foundation for our duty to support and obey legitimate governments. Some theorists believe that the concept of keeping promises has gradually moved to center stage in European moral thought. (...) They see this movement as part of an historical shift from a moral conception in which an individual’s duties are mainly externally imposed and unalterable, to a conception in which duties are largely chosen by the individual. (shrink)

In our dealings with young children, we often get them to do or think things by arranging their environments in certain ways; by dissembling, simplifying, or ambiguating the facts in answer to their queries; by carefully selecting the states of affairs, behavior of others, and utterances to which they shall be privy. We rightly justify these practices by pointing out a child's malleability, and the necessity of paying close attention to formative influences during its years of growth. This filtering of (...) influences is necessary, we point out, if children are ever to reach a degree of maturity and inner stability that will enable them to understand and cope adequately with the complexities, contradictions, and difficulties of the world from which we now seek to shield them. Thus a child's eventual state of competence, maturity, and autonomy adequately justifies our current practices of manipulation and selection of his environment: such practices are rightly held to be ultimately in the child's best interests as an adult. There is no future state of things with reference to which the Utilitarian night justify his policy of secrecy and manipulation, and in light of which this policy night eventually be dispensed with and commonly validated, in retrospect, as a means to the worthwhile goal of moral maturity. That is, there is no point at which the attitude of the Utilitarian to the rest of the community can develop past the analogous attitude of the parent towards the child; no point at which the Utilitarian might eventually bear to others a relationship of mutual acknowledgement and respect as mature, autonomous, moral adults. The consistent Utilitarian, then, largely regards himself as if he were the only adult in a community of children. (shrink)

The purpose of this paper is to show that, if Kant’s universalization formulations of the Categorical Imperative are our only standards for judging right from wrong and permissible from impermissible, then we have no obligations. I shall do this by examining five different views of how obligations can be derived from the universalization formulations and arguing that each one fails. I shall argue that the first view rests on a misunderstanding of the universalization formulations; the second on a misunderstanding of (...) the concept of an obligation; the third on a misunderstanding of the concept of a maxim; the fourth on a misunderstanding of the limits of action description; and the fifth on a misunderstanding of the universalization formulations again. (shrink)