In this paper I defend the view that knowledge is belief for reasons that are both objectively and subjectively sufficient from an important objection due to Daniel Whiting, in this journal. Whiting argues that this view fails to deal adequately with a familiar sort of counterexample to analyses of knowledge, fake barn cases. I accept Whiting’s conclusion that my earlier paper offered an inadequate treatment of fake barn cases, but defend a new account of basic perceptual reasons that is consistent (...) with the account of knowledge and successfully deals with fake barns. (shrink)

Many scholars agree that the Internet plays a pivotal role in self-radicalization, which can lead to behaviours ranging from lone-wolf terrorism to participation in white nationalist rallies to mundane bigotry and voting for extremist candidates. However, the mechanisms by which the Internet facilitates self-radicalization are disputed; some fault the individuals who end up self-radicalized, while others lay the blame on the technology itself. In this paper, we explore the role played by technological design decisions in online self-radicalization in its (...) myriad guises, encompassing extreme as well as more mundane forms. We begin by characterizing the phenomenon of technological seduction. Next, we distinguish between top-down seduction and bottom-up seduction. We then situate both forms of technological seduction within the theoretical model of dynamical systems theory. We conclude by articulating strategies for combatting online self-radicalization. (shrink)

John White (2016) defends the UK private school system from the accusation that it allows an unfair form of ‘queue jumping’ in university admissions. He offers two responses to this accusation, one based on considerations of harm, and one based on meritocratic distribution of university places. We will argue that neither response succeeds: the queue-jumping argument remains a powerful case against the private school system in the UK. We begin by briefly outlining the queue-jumping argument (§1), before evaluating (...) class='Hi'>White’s no-harm (§2) and meritocracy (§3) arguments. (shrink)

In a recent article, Ethan Bradley and Mark Navin (2021) argue that vaccine refusal is not akin to free riding. Here, I defend one connection between vaccine refusal and free riding and suggest that, when viewed in conjunction with their other arguments, this might constitute a reason to mandate Covid-19 vaccination.

Mark Schroeder has recently proposed a new analysis of knowledge. I examine that analysis and show that it fails. More specifically, I show that it faces a problem all too familiar from the post-Gettier literature, namely, that it is delivers the wrong verdict in fake barn cases.

Psychopathy is increasingly in the public eye. However, it is yet to be fully and effectively understood. Within the context of the DSM-IV, for example, it is best regarded as a complex family of disorders. The upside is that this family can be tightly related along common dimensions. Characteristic marks of psychopaths include a lack of guilt and remorse for paradigm case immoral actions, leading to the common conception of psychopathy rooted in affective dysfunctions. An adequate portrait of psychopathy is (...) much more complicated, however. Though some neural regions and corresponding functions are commonly indicated, they range across those responsible for action planning and learning, as well as emotional processes. Accordingly, a complete fine-grained map of all neural mechanisms responsible for psychopathy has not been realized, and even if it were, such a map would have limited utility outside of the context of surgical or chemical intervention. The utility of a neural-level understanding of psychopathy is further limited by the fact that it is only applicable in the clinical identification of individual subjects, and the neuro-chemical/biological correction of those subjects after they are positively identified as psychopaths. On the other hand, an information processing model of moral cognition provides for wider-ranging applications. The theoretical and practical implications for such a feasible working model of psychopathic personalities are assessed. Finally, this chapter raises the possibility of directed modification of social-environmental factors discouraging the development of psychopathic personalities in the first place, modifications which are also open to simulation and testing in terms of the same model of moral cognition. (shrink)

Now with extra footnotes, by editorial demand! Final version accepted by Oxford Studies in Ancient Philosophy. -/- This essay consists in a trick and a potential insight. The trick consists in a minimalist interpretation of color mixture. The account of color mixture is minimalist in the sense that, given certain background assumptions, there is no more to Timaeus’ account of color mixture than the list of the chromatic pathēmata and the list of how these combine to elicit perceptions of all (...) the colors. The only potential controversial elements of the minimalist interpretation are the relevant background assumptions and the interpretation of the chromatic pathēmata. The potential insight concerns a motive that Plato, in the guise of Timaeus, may have for presenting an account of color mixture. Specifically, I shall argue that on the minimalist interpretation, Plato may be read as reconciling the Democritrean four color scheme with an older tradi- tion where white and black are the fundamental chromatic opposition. As we shall see, this bears on the interpretation of the chromatic pathēmata. (shrink)

Many philosophers accept a response constraint on normative reasons: that p is a reason for you to φ only if you are able to φ for the reason that p. This constraint offers a natural way to cash out the familiar and intuitive thought that reasons must be able to guide us, and has been put to work as a premise in a range of influential arguments in ethics and epistemology. However, the constraint requires interpretation and faces putative counter-examples due (...) to Julia Markovits, Mark Schroeder, and others. This paper develops and motivates an interpretation of the response constraint that avoids the putative counter-examples. (shrink)

Discoverability: the urgent need of an ecology of human creativity from the prolific Lorenzo Magnani is worthy of direct attention. The message may be of special interest to philosophers, ethicists and organizing scientists involved in the development of AI and related technologies which are increasingly directed at reinforcing conditions against which Magnani directly warns, namely the “overcomputationalization” of life marked by the gradual encroachment of technologically “locked strategies” into everyday decision-making until “freedom, responsibility, and ownership of our destinies” are ceded (...) and we, in parallel, build a future fit for artifacts over human beings. Professional educators - teachers and administrators serious about teaching - and policy-makers including the concerned public, parents and social activists concerned about the effects of technologies on development and well-being may benefit, as well. (shrink)

Exploring online criticisms of the ‘take the knee’ protest during ‘Euro 2020’, this article examines how alt- and far-right conspiracies were both constructed and communicated via the social media platform, Twitter. By providing a novel exploration of alt-right conspiracies during an international football tournament, a qualitative thematic analysis of 1,388 original tweets relating to Euro 2020 was undertaken. The findings reveal how, in criticisms levelled at both ‘wokeism’ and the Black Lives Matter movement, antiwhite criticisms of the ‘take the knee’ (...) protest were embroiled in alt-right conspiracies that exposed an assumed Cultural Marxist, ‘woke agenda’ in the tournament’s organization and mainstream media coverage. In conclusion, it is argued that conspiratorial discourses, associated with the alt-right, provided a framework through which the protest could be understood. This emphasises how the significance of conspiracy functions to promote the wider dissemination of alt-right ideology across popular cultural contexts, such as sport. (shrink)

The translational research community, in general, and the Clinical and Translational Science Awards (CTSA) community, in particular, share the vision of repurposing EHRs for research that will improve the quality of clinical practice. Many members of these communities are also aware that electronic health records (EHRs) suffer limitations of data becoming poorly structured, biased, and unusable out of original context. This creates obstacles to the continuity of care, utility, quality improvement, and translational research. Analogous limitations to sharing objective data in (...) other areas of the natural sciences have been successfully overcome by developing and using common ontologies. This White Paper presents the authors’ rationale for the use of ontologies with computable semantics for the improvement of clinical data quality and EHR usability formulated for researchers with a stake in clinical and translational science and who are advocates for the use of information technology in medicine but at the same time are concerned by current major shortfalls. This White Paper outlines pitfalls, opportunities, and solutions and recommends increased investment in research and development of ontologies with computable semantics for a new generation of EHRs. (shrink)

Mark White has developed a provocative skepticism about antitrust law. I first argue against three claims that are essential to his argument: the state may legitimately constrain or punish only conduct that violates someone’s rights, the market’s purpose is coordinating and maximizing individual autonomy, and property rights should be completely insulated from democratic deliberation. I then sketch a case that persons might have a right to a competitive market. If so, antitrust law does deal with conduct that violates (...) rights. The main thread running throughout the article is that what counts as a legitimate exercise of property rights is dynamic, sensitive to various external conditions, and is the proper object of democratic deliberation. (shrink)

Daniel Whiting has argued, in this journal, that Mark Schroeder’s analysis of knowledge in terms of subjectively and objectively sufficient reasons for belief makes wrong predictions in fake barn cases. Schroeder has replied that this problem may be avoided if one adopts a suitable account of perceptual reasons. I argue that Schroeder’s reply fails to deal with the general worry underlying Whiting’s purported counterexample, because one can construct analogous potential counterexamples that do not involve perceptual reasons at all. Nevertheless, (...) I claim that it is possible to overcome Whiting’s objection, by showing that it rests on an inadequate characterization of how defeat works in the examples in question. (shrink)

The #MeToo movement generated a feminist insistence that we “believe women.” But the men accused of assault, harassment, and other violations frequently defended themselves with the insistence that they had always “respected women” – sometimes, going so far as to get numerous women to sign letters swearing that these men had always respected them. This common MeToo defense reveals the core inconsistency – and the core entitlement – at the heart of misogyny and sexual injustice: some women deserve respect. But (...) the duty to respect those women relies on an invisible entitlement to disrespect – indeed, to assault, harass, dominate, or exploit – others. This chapter explores consent’s role within the superstructure of misogyny and sexual injustice, arguing what consent is a key apparatus of white supremacy. It argues that consent has been constructed through dynamics of colonial and racist sexual entitlement, mapping some (white) women as deserving of respect and the right to consent, while marking other women as expendable or disposable within the sexual economy. This means not only that consent is historically constructed as white, but also that whiteness, and in particular, white womanhood, is constructed through consent. Thus, white women’s right to consent – or to refuse – is premised upon the inability of other women to do so. In this way, the right to sexual consent does not disrupt the norm of male sexual entitlement. Consent has always been premised on non-consent, from coloniality and slavery to contemporary porn, which offers a vision of the world without proper consent, so that granting consent to actual women is an exceptional practice, an “act of respect.” By including race and class alongside gender in my analysis of consent, I argue that contemporary feminist visions of sexual justice must do more than defend or ameliorate consent, but develop intersectional interrogations of sexual justice that reckon with the complicities of consent. (shrink)

In this paper, I provide an interpretation of the American mockumentary-styled sitcom, The Office (2005– 2013), as an instance of what Nietzsche calls an “aesthetic justification” of life. The Office offers an aesthetic justification of the life of lower-tiered North American white-collar workers under neoliberalism. The Office performs this function via an implicit endorsement of what Mark Fisher (2009) calls capitalist realism, or the idea that “it’s easier to imagine the end of the world than the end of (...) capitalism.” I focus on an illuminating scene in episode 16 of Season 3, “Business School” (2007), that exemplifies this especially well. The argu- ment is that The Office orchestrates an aesthetic justification of those aspects of our existence that cannot be justified morally under capitalism, for example, precarity, ruthless competition, and so on. In Section I, I out- line Nietzsche’s conception of aesthetic justification. In Section II, I discuss the major themes of The Office, highlighting their resonance with the concerns and experiences of the workforce. In Section III, I bring these together in a Nietzschean analysis of the “Business School” scene. Finally, in Section IV, I close by offering some open-ended but critical reflections on this analysis via Adorno and the Frankfurt School. (shrink)

In 1998 I asked my friend Tjiniman, who is a stone-age hunter, to give us his non-western perspective on ‘Tucson III’ (Murinbata&Whitehead, 1998).Most people thought I just made Tjiniman up and the whole thing was intended as a joke, and he has spent the last two years worrying about this. Since then he has gained a modest BSc in Social Anthropology, though in my view the examiners failed to appreciate some of his less obvious insights, and he deserved a higher (...) mark. He now has a better understanding of us white people and our ways, and this is his second attempt to make us see the truth. He did ask me to edit his text and take out anything that white people might mistake for a joke, but in many cases he accused me of cutting the best bits and made me put them back in. I had to add the notes and references because Tjiniman thinks all ideas come from the ancestors and no one should claim credit for them — CW. (shrink)

Propositional attitude sentences, such as (1) Pierre believes that snow is white, have proved to be formidably difficult to account for in a semantic theory. It is generally agreed that the that-clause ‘that snow is white’ purports to refer to the proposition that snow is white, but no agreement has been reached on what this proposition is. Sententialism is a semantic theory which tries to undermine the very enterprise of understanding what proposition is referred to in (1): (...) according to sententialists, in (1) reference is made to the sentence “Snow is white”. Sententialism is generally considered doomed. The two main reasons why are the famous translation argument, firstly suggested by Alonzo Church, and a problem raised by Stephen Schiffer. The purpose of this paper is to provide a unified solution to both criticisms. What I take to be the key ingredient sententialists may exploit is an observation that concerns the nature of languages and quotations: since quotation marks display the quoted material, if you are a speaker of the language the quoted material belongs to, you usually cannot but understand what is quoted. Moreover, I show that sententialists may appeal to that very observation also in order to answer another problem, pointed out by Kent Bach. I conclude that there are good reasons for resisting the temptation of introducing propositions in order to account for propositional attitude sentences. (shrink)

This article pursues the exploration of how contemporary works of deconstruction can challenge preconceptions of the body and embodiments and interrogate their limits, particularly in relation to intertwined foldings of desire, gender, race and sexuality. Through readings of Jacques Derrida and Sarah Kofman, the authors show that deconstruction allows for an understanding of the body or bodies that goes beyond the present body — indexed as human, male, white, able, living body — thus opening up towards the thinking of (...) bodies and corporealities exceeding the limitations of Christian transsubstantiation and of the Eucharist. The deconstructive body is not one of communion; it is one of (self-)interruption, différance and non-presence. It is the other's body — or the body as otherly. The authors then analyse the ethical-political implications of this thinking of another body, one inassimilable by Western metaphysics, and marked by incalculable sexual differences, animality, undecidable life-death, machinicity, monstrosity, and so on. (shrink)

No USA president in history has received as much opposition as Donald Trump has from all three components of the Establishment, namely the financial establishment, the political establishment and the corporate media establishment. The election of Donald Trump to the office of presidency is marked with dozens of historical first events that are anything but lackluster, yet a bleak picture of Fascism has been painted to describe Trump. This is an extraordinary piece of disinformation, as no modern president has been (...) more consistent in plainly saying what he will do regarding US military and geopolitical goals, both outside and in office. This, even though his stated position is clearly opposite to the wishes of the dominant cabal, supported by both parties, and to US foreign policy since WWII. USA history is not very long, but Trump presidency and his inaugural speech marked a historic starting point for this 'democracy'. Every sentence of Donald J. Trump's inaugural speech was a departure from diplomacy. Knowing what diplomacy actually means, it's a great step toward transparency. It is the best thing that happened in US political history. It is no surprise the Media established completely flipped, the political establishment gasped, and the financial establishment started to conspire a different strategy (George Soros declaring he wants Trump presidency to fail). In the mean time, the typically apolitical science and technology establishment declared Trump completely unfit for the office that he has just been elected to. Trump’s inaugural speech that contained phrases like, "It's time to remember that old wisdom our soldiers will never forget, that whether we are black or brown or white, we all bleed the same red blood of patriots", was in sharp contrast to how Abraham Lincoln viewed America, when he said, "I, as much as any other man, stand in favor of having the superior position assigned to the white race… I have no purpose to introduce political and social equality between the white and the black races." Trump’s embrace of humanity and righteousness was reminiscent of Prophet Muhammad’s last sermon at the pilgrimage, where he said over 1400 years, "An Arab is no better than a non-Arab, and a non-Arab is no better than an Arab; a red man is no better than a black man and a black man is no better than a red man – except if it is in terms of piety." Yet, Trump took oath of office swearing on the bible used by Abraham Lincoln. In this two-part paper, the key research question answered is what Trump presidency stands for. In answering this question, the first part deconstructs some of the dominant theories of Fascism. Then, a delinearized history is constructed in order to understand how democracy, as applied in USA, has an inevitable outcome of achieving the same goals as a Fascist regime. The concept of religious extremism, including “Islamic terrorism” or “radical Islam” is also discussed with relevance to ‘war on terror’. The history of US presidency then shows that the office of presidency is used as a tool to advance a Fascist agenda, albeit being packaged as USA exceptionalism. The ground is set for part 2 that analyses the rise of Trump and the demise of DNC integrity, followed by deconstruction of various allegations against Trump. (shrink)

Predication is a lingual relation. We have this relation when a term is said (λέγεται) of another term. This simple definition, however, is not Aristotle’s own definition. In fact, he does not define predication but attaches his almost in a new field used word κατηγορεῖσθαι to λέγεται. In a predication, something is said of another thing, or, more simply, we have ‘something of something’ (ἓν καθ᾿ ἑνὸς). (PsA. , A, 22, 83b17-18) Therefore, a relation in which two terms are posited (...) to each other in a way that one is said (predicated) of the other is a predication. The term of which the other term is said is called a subject (ὑποκειμένον) and the other, which is said about the subject, is called the predicate. Thus, in a predication the predicate is predicated of the subject; given that being predicated is almost as the same as being said. The relation between being said and being predicated is so close that ‘if something is said of a subject both its name and its definition are necessarily predicated of the subject.’ (Cat., 5, 2a19-26) This, however, is true only about the second genera and not the accidents. a) Nature of relation in predication What is Aristotle’s theory about the nature of the relation in a predication? How does he fundamentally understand this relation? Phil Corkum distinguishes between predication logic and traditional term logic and argues that the relation between subject and predicate in Aristotle is of the latter kind. While in predicate logic, subjects and predicates have distinct roles, they have the same role in traditional term logic. In predication logic, subjects refer, but predicates characterize. Thereupon, a sentence expresses a truth if the object to which the subject refers is correctly characterized by the predicate. In traditional term logic, both subjects and predicates refer and a sentences expresses a truth if both name one and the same thing. He concludes that Aristotle ‘problematically conflates prediction and identity claims’ because while he thinks both subjects and predicates refer, he would deny that a sentence is true just in case the subject and the predicate name one and the same thing. Based on this, Corkum believes that Aristotle’s core semantic is not identity but the weaker relation of constitution, which is a mereological interpretation: ‘All men are mortal’ is true just in case the mereological sum of humans is part of the mereological sum of mortals. b) Aristotle’s theory of predication: one or two theories? Frank Lewis finds an inconsistent gap between the theory of predication in the Categories and that in the later books of the Metaphysics VII, 6. So too Joan Kung, Terry Irwin, Daniel Graham. c) Distinction of ‘being said of’ and ‘being in’ Owen enumerates the texts in which Aristotle’s distinction between ‘being said of’ and ‘being in’ is asserted: OI. 11b38-12a17; To., 127b1-4; Cat. 1a20-b9; 2a11-14; 2a27-b6; 2b15-17; 3a7-32; 9b22-24 d) Predication in Aristotle and the standard ‘S is P’ Marie De Rijk Lambertus thinks that the ‘S is P’ pattern is misleading when it comes to express predication in Aristotle. In his view, ‘The Aristotelian procedure should be described in terms of appositively assigning an attribute (κατηγορούμενον) to a substrate (ὑποκείμενον), rather than ascribing a predicate to a subject by means of a copula…. The comment should be considered an attribute which is said to fall to a substrate, without understanding this procedure in terms of sentence predication.’ e) Aristotle’s predication: bipartite or tripartite? It is a difficulty to make Aristotle’s theories of name-verb predication and tripartite predication consistent. The reason is that tripartite is not consistant with his name-verb structure based on which he says that the predicate term is the ‘verb.’ (20a31; 20b1-2; 16a13-5) The problem is that in a tripartite form like ‘Socrates is white’ we cannot take ‘is white’ as the verb because, based on Aristotle himself, no part of a verb can be significant itself. (16b6-7) However, his assertions about the equivalences between the two structures (OI. 12, 21b9-10; PrA. 51b13-16; Met., 1017b22-30) must mean that they are not inconsistent in his own view. Thus, as Allen Bāck points, ‘Aristotle seems to think that he has a single, consistent theory.’ The sense of saying or speaking as the root sense of rhema makes the relation between predication (saying something of something) and verb more interesting. The use of rhema in the sense of a long expression approves this. In Plato’s work (399ac) where Socrates claims that the name anthropos derives from anthron ha opopen (‘he who examines what he has seen’) we have an onoma from, or in place of, a rhema. 1) Subject The subject (ὑποκειμένον) is that of which another term is said or predicated. Aristotle’s own definition is of a much more philosophical value: ‘By subject I mean that which is expressed by an affirmative term (λέγω δὲ ὑποκείμενον τὸ κάταφάσει δηλούμενον).’ (Met., K, 1067b18) Throughout Aristotle’s work, three kinds of subjects can be found: possible, prime and absolute subject. a) Possible subject Those things that can take the position of a subject in a predication we call possible subjects, no matter they can or cannot take the position of predicate in any predication. All terms except the ultimate predicates are possible subjects because they can take the position of subject. b) Prime subject Those that in any predication can only take the position of a subject and not the position of a predicate are prime subjects. (Cat., 5, 3a36-b2; Met., Z, 1028b36-1029a1) This is the truest sense of subject and belongs only to substances. (Met., Z, 1029a1-2) In fact, ‘that which is not predicated of a subject, but of which all else is predicated’ is a substance. (Met., Z, 1029a7-9) In Categories, besides primary substances (Cat., 2, 1b3-6), individual qualities are also said not to be able to be said of anything else. (Cat., 2, 1a23-29) Aristotle’s examples are a certain ‘knowledge-of-grammar’ (τὶς γράμματικὴ) and ‘an individual white’ (τὸ τὶ λευκὸν). Thus, although substances are indeed in the truest sense individuals and, thereby, in the truest sense primary subjects, other individuals can take the position of subject as well. c) Absolute subject While substances are prime subjects of all other things, there is still something of which substances can be predicated and this predication is not an accidental predication: matter. (Met., Z, 1029a21-24) This predication is, indeed, the predication of a ‘form or this’ on matter and material substance. (Met., Θ, 1049a34-36) The only thing that is absolutely a subject, therefore, and can be a predicate is prime matter (πρώτη ὓλη). (Met., Θ, 1049a24-27) d) Subject and substance The most important thing in being a substance is being a subject: ‘It is because the primary substances are subjects for all the other things and all the other things are predicated of them or are in them, that they are called substances most of all.’ (Cat., 5, 2b15-17) And what is nearer to this position is more a substance as a species is more a substance than a genus.’ (Cat., 5, 2b7-8) e) Primary versus accidental subject A subject is a primary subject in a predication when the predicate is predicated of it as itself. In such a case, the subject is the subject of the predicate qua itself and not qua something else. A subject, on the one hand, is an accidental subject when it is not the primary subject of the predicate that is predicated on it. It means that a subject is an accidental subject when the predicate is predicated of it not qua itself but qua something else. An accidental subject is, therefore, anything other than a substance. 2) Predicate as universal It is evident from our discussion of kinds of subjects that except matter, primary substances (if we ignore both accidental predication and cases of absolute subjects) and other individuals, everything else can take the position of a predicate. Since primary substances are individuals, it results that everything except matter and individuals are capable to take the position of predicate. The immediate consequence of this is that the predicate must be a universal. When individuals cannot take the position of predicate, this position cannot be taken by any particular. Therefore, only universals can be predicated of others. Moreover, albeit universals can be a simple subject (for another universal), they are not prime subjects. The closeness of universal and predicate is to the extent that Aristotle differentiates universal from subject. (Met., Θ, 1049a27-30) 3) Categories or classes of predicates Aristotle distinguishes ten highest classes into one of which each predicate must necessarily fall: substance (or what a thing is), quality, quantity, relation, place, time, position, state, activity and passivity. (Cat., 4, 1b25-27; To., I, 9, 103b20- ; PsA., A, 22, 83b13-23) The substance counted among predicates must refer to secondary and not primary substances not only because Aristotle insists that primary substances cannot be predicated but also from his own examples of the category of substance: man and animal. (To., I, 9, 103b25) However, if a predicate be asserted of itself or its genus be asserted of it, the predicate signifies substance or what is; but if ‘one kind of predicate is asserted of another kind,’ it signifies one of the other nines. (To., I, 9, 103b30) These categories are so comprehensive that no predicate can remain outside them so that even non-being has as many senses as categories. (Met., M, 1089a26-30) a) That whether Aristotle’s categories are merely linguistic or fundamentally ontological is a so much controversial dispute. Some like G. E. R. Lloyd believe that ‘categories are primarily intended as a classification of reality … rather than of the signifying terms themselves.’ b) Although Aristotle’s categories have been historically regarded as a classification of predications, there are some recent commentators like Jonathan Barnes that think it is classifying predicates and not predications. 4) Kinds of predicates In his introduction of Categories, as J. W. Thorp truly points out , Aristotle distinguishes between the category of substance and the other categories using μὲν ... δὲ construction. This construction illustrates that beside tenfold classification of categories, there is an even more crucial differentiation between two kinds of predicates: substance or what is on the one hand and the other nine ones on the other hand: the distinction between what is predicated of the subject as what it is and what is predicated of it as an accident. Therefore, we have three kinds of classification - a twofold, a fourfold and a tenfold-complicatedly classifying the same thing, viz. the predicate. Predicates can be divided also to four kinds: property, definition, genus and accident. (To., I, 4, 101b11-20) A property is that predicate that is convertible with its subject and does not signify its essence. A definition is that predicate that is convertible with its subject and signifies its essence. It is a genus if it is not predicated convertibly and is contained in the definition of its subject. And it is an accident if it is neither convertible nor contained in the definition of its subject. (To., I, 8, ^103b3) All of these four kinds are among categories. (To., I, 9, 103b20) It seems that there might be some kind of relation between the twofold and the fourfold distinction: whereas genus and definition are predicated as what it is, accidents are not so predicated. There seems to be some rules that determine to each of these four kinds each predicate belongs. At To., IV, 123b30ff. Aristotle asserts: ‘If B has a contrary and A does not, then B does not belong to A as its genus.’ There is a dispute around per se accidents (τὰ καθ’ αὑτὰ συμβεβηκότα) (Topics., 102a18) whether they must be regarded as either of the four kinds or as a fifth kind. Barnes (1970) argued that they ‘do not fit at all neatly into the fourfold classification.’ He argues that based on the definition of accidents at A, 5, 102b4-5, they must be accidents but based on another definition, A, 5, 102b6-7, they cannot be accidents. He also defends the view that they are not properties. Barnes concludes: ‘This shows that the two definitions are not equivalent, and hence that the ‘predicables’ are not well-defined.’ Demetris J. Hadgopoulos defends the view that the two definitions of accidents are equivalent and per se accidents are properties. 5) Five types of predications We have five kinds of predications based on our division of subjects and our discussion of predicates: simple, primary (itself divided to substantial and accident), accidental (itself divided to primary and secondary), aoincidental and absolute predication. a) Simple predication. This is a predication in which a universal is predicated of either a particular or a universal subject. This sense of predication includes all other senses except the first kind of accidental predication. b) Primary predication. This is a predication in which a universal is predicated of a primary subject, namely a substance. A primary predication is of two kinds: i) Substantial predication. A primary predication in which the predicate is part of, or is included in, the definition of the subject. The universal that is the predicate here is the definition or the genus or the species or the diferentia of the subject. It is this predication that Aristotle calls a unity: ‘A statement may be called a unity … because it exhibits a single predicate as inhering not accidentally in a single subject.’ (PsA., B, 10, 93b35-37) It is only substantial predicates that can be predicated of each other: ‘Predicates which are not substantial are not predicated of one another.’ (PsA., A, 22, 83b18-19) Aristotle defines a substantial predication also in another way. A predication in which a higher genus is predicated on a lower genus, species, a substance or an individual, (or a species is predicated on an individual) is a substantial predication. Therefore, a substantial predication is a predication in a series that has individuals on one of its ends and a general category on its other end. In fact, only substantial predicates can be predicated of one another. (PsA., A, 22, 83b17-19) This series cannot be an infinite series because otherwise not only substances would not be definable but also a genus would be equal to one of its own species. (PsA., A, 22, 83b7-10) -/- ii) Accident predication. A primary predication in which the predicate is not part of, or is not included in, the definition of its subject. The universal that is the predicate here is the property or the accident of the subject. c) Accidental predication. This is a predication in which the subject is not a primary subject and its predicate is a substance. This predication is of two kinds: i) Primary accidental predication. This is a predication in which an accident is predicated of substance. Such a predication can go ad infinitum, which is inferable from Aristotle’s assertion that the secondary accidental predication cannot go ad infinitum. ii) Secondary accidental predication. It is a predication in which an accident is predicated of another accident. Such a predication, Aristotle asserts, cannot go ad infinitum because even more than two accidents cannot be combined. Now what is the meaning of Aristotle’s assertion that we cannot continue this ad infinitum? Does it mean that we cannot continue the predication ‘The musician is white’ and say ‘The white is Athenian?’ But why not? Or maybe he means that by adding any predication, we are still in a condition of predicating two accidents of a substance on each other. -/- As primary subjects, substances can also take the position of predicate though not essentially but accidentally. In propositions like ‘the white is a log’ or ‘That big thing is a log’ we observe substance taking the position of predicate but this is only accidentally: ‘When I affirm ‘the white is a log,’ I mean that something which happens to be white is a log- not that white is the subject in which log inheres (οὐχ ὡς τὸ ὑποκείμενον τῷ ξύλῳ τὸ λευκόν ἐστι), for it was not qua white or qua a species of white that the white (thing) came to be a log (οὔτε λευκὸν ὄν οὔθ᾿ ὃπερ λευκόν τι ἐγἐνετο ξύλον), and the white (thing) is consequently not a log except incidentally.’ (PsA., 22, 83a3-9) Aristotle compares this accidental use of substance in the position of predicate with the substantial use of it in the place of a subject: ‘On the other hand, when I affirm ‘the log is white,’ I do not mean that something else, which happens to be a log, is white (οὐχ ὃτι ἓτερόν τί ἐστι λευκόν, ἐκείνῳ δὲ συμβέβηκε ξύλῳ εἶναι), (as I should if I said ‘the musician is white,’ which would mean ‘The man who happens also to be a musician is white’); on the contrary, log is here the subject- the subject which actually came to be white, and did so qua wood or qua a species of wood and qua nothing else.’ (PsA., 22, 83a8-14) Aristotle asks us not to call propositions like ‘The white is a log’ a predication at all or at least call them accidental predication instead of simple (ἁπλως) predication. (PsA., A, 22, 83a14-17) An accidental predication, in which we have a substance in the place of predicate, is different from an essential predication in that while the subject of an accidental predication is said to be the predicate not by itself but as something different with which it coincides, the subject of an essential predicate is said to be the predicate by itself and not because it is something else: ‘Since there are attributes which are predicated of a subject essentially and not accidentally- not, that is, in the sense in which we say ‘That white (thing) is a man,’ which is not the same mode of predication as when we say ‘The man is white’: the man is white not because he is something else but because he is man, but the white is man because ‘being white’ coincides with ‘humanity’ within one subject. Therefore, there are terms such as are essentially subjects of predicates. (PsA., A, 19, 81a24-29) This capability of ‘non-essentially and only accidentally’ being a subject does belong, in fact, to all sensible things. (PsA., A, 27a32-36) d) Coincidental predication. this is a predication in which none of the subject and predicate are a substance or an individual. In this predication, one of the accidents of a substance or individual is predicated of one of the other accidentals of the same substance or individual. For example, when it is said that ‘The white is musical,’ there is an individual, say Socrates, for which both of white and musical are accidents. e) Absolute predication. This is a predication in which a form or a substance is predicated of a matter or a material substance. Some commentators like Loux and Lewis regarded this predication as close to accident predication, both based on inherence. As R.M. Dancy points out, these predications make Aristotle’s theory of predication immanentist: not only accident predications are explained by the immanence of accidents in substances, some of the substantial predications, which were not explained in Categories, are also explained by the immanence of form in matter. It is interesting that in this kind of predication, it is the predicate and not the subject, which is in the strictest sense substance. As the central books of Metaphysics claim, the form is the substance. Thus, in this predication, substance gets away from the sense of ὑποκείμενον. Corkum mentiones 68a19 as the only instance where Aristotle explicitly claims that a term may be predicated of itself, a passage that is, in Corkum’s view, problematic. 6) Demonstrable predicates Those predicates are demonstrable that are so related to their subjects that there are other predicates prior to them predicable of their subjects (ἔτι δ᾿ ἄλλος, εἰ ὧν πρότερα ἄττα κατηγορεῖται). (PsA., A, 22, 83b32-34) 7) Series of predications Since it is possible for a predicate to be itself the subject of another predication, we can have a series of predications in which the predicate of a predication is the subject of the next predication. This series has the following features: a) It has a limit (in number) (PsA., A, 22, 83b14-16) on the side of subjects: there are subjects that cannot themselves be predicated (PsA., A, 27, 43a39-41), which are, as we noted, prime subjects: particulars, i.e. prime substances and other individuals. (PsA., A, 19-22) Aristotle calls them ultimate (ὓστατον). (PsA., 21, 82a36-b1) b) It has a limit (in number of kinds) (PsA., A, 22, 83b14-16) also on the side of predicates: there must be predicates that cannot be subjects. (PsA., A, 19-22; PsA., A, 27, 43a36-39) Aristotle calls them primary (πρῶτον). (PsA., A, 21, 82b1-4) These are the highest categories or the highest genera of categories. (PsA., A, 22, 83b14-16) c) The series has an escalating shape from mere subjects at its downside to mere predicates at its upside. It is Aristotle himself whos uses the words up and down in this sense. (e.g. PsA., A, 22, 83b2-3) d) The predications that lie between lowest and highest ones must be finite in number. (PsA., A, 19-22 especially: 20, 82a21-35) These have subjects and predicates, each capable of both of the roles of being subject and being predicated. A result of this fitness is that neither demonstration can go to infinity nor everything is demonstrable, the two points Aristotle always insist on. e) The upward side includes the more universal ones and the downward the more particular ones. (PsA., 20, 82a21-23) f) It follows from the above features that ‘neither the ascending nor the descending series of predications … are infinite.’ (PsA., A, 22, 83b24-25) g) Reciprocation and convertibility. Except in case of terms (i.e. subjects and predicates) that are at each of the ends of series of predications, namely ultimates and primaries, it is possible to reciprocate (ἀντιστρέφειν) terms and convert the predication. (PsA., A, 19, 82a15-20) h) Antipredication. Antipredication means that in a predication (S is P), the subject becomes the predicate of its predicate (P is S) in the same category its predicate was predicated on it. For example, if P is in the category of quality, antipredication means that S be predicated of P in the category of quality. In other words, P is a quality of S and S is a quality of P. Aristotle rejects this. (PsA., A, 22, 83a36-b3) i) Self-predication versus other-predication. Aristotle distinguishes between a predication in which a term is said of itself and a predication in which a term is said of another. (Phy., Δ, 2, 209a31-33) j) Predicablity (Cat., 5, 3a36-b2): 1) Primary substances and individuals are not predicable. 2) Secondary substances are of two kinds: genus and species i) Genus is predicable able both of the species and of the individuals. ii) Species is predicable of the individual. 3) Differentiae are predicable both of the species and of the individuals. 8) Predication as classification a) Richard Patterson believes that Aristotle’s so repeated construction using hoper (estin A hoper B) in Topics (120a23 sq., 122b19, 26sq., 123a, 124a18, 125a29, 126a21, 128a35. Also in Posterior Analytics (83a24-30) (Brunschwig’s list. ‘expresses the fact that A is a kind of B (esti A B tis), that A is a species of the genus B.’ 9) Universal predication Aristotle defines universal predication (κατὰ παντὸς κατηγορεῖσθαι) as such: ‘wherever no instance of the subject (τῶν τοῦ ὑποκειμέμνου) can be found of which the other term cannot be asserted.’ (PrA., A, 24b27-29) In this predication, the subject is included in another as in a whole (ἐν ὃλῳ εἶναι) and the predicate is predicated of all of the subject (κατὰ παντὸς κατηγορεῖσθαι). (PrA., A, 24b26-27) Attach another discussion we had about ἐν ὃλῳ here. 10) Quantity of predication A predication, truly stated, has a quantity, which is the number of objects under the name of the subject of which the predicate is predicated. The quantity of subject can be stated in four ways: a. Indefinite: when the predicate belongs or does not belong to the subject without any mark to show to haw many of the particulars under the name of the subject it does or does not belong. E.g. ‘Man is white’; ‘Man is not white.’ (PrA., A, 24a20; OI., I, 7, 17b8-12) b. Universal quantity: When the predicate belongs to all or none of the subject. E.g. ‘Every man is animal’; ‘No man is animal.’ (PrA., A, 24a18-19; OI., I, 7, 17b5-6) The contrary of a predication of a universal quality is a predication of a universal quality. E.g. the contrary of ‘Every man is white’ is ‘No man is white.’ (OI., I, 7, 17b20-23) c. Particular quantity: When the predicate belongs (or does not belong) to some of the subject. E.g. ‘Some men are white’; ‘Some men are not white.’ (PrA., A, 24a19-20) d. Single quantity: when the subject is a proper name of only one object. E.g. ‘Socrates is white’; ‘Socrates is not white.’ The contrary of this predication is of a single quantity: ‘Socrates is not white.’ (OI., I, 7, 17b38-18a4) 11) Convertibility of predication. Some predications are convertible, that is, it is possible to change the place of subject and predicate in a true proposition so that the converted proposition remains true. This is supposed to mean that given the truth of a predication, the truth of the converted predication is inferable. The convert form of a predication depends on its quantity. a. Indefinite quantity: This predication has no strictly true convert because its quantity is not stated. b. Universal quantity: It can be converted in two ways: i) A negative universal can be converted to a negative universal in which the terms are changed. E.g. ‘No pleasure is good’ can be converted to ‘No good is pleasure.’ (PrA., A, 2, 25a5-8 and a14-19) ii) An affirmative universal can be converted to an affirmative particular in which the terms are changed. E.g. ‘Every pleasure is good’ can be converted to ‘Some good is pleasure.’ (PrA., A, 2, 25a7-9) c. Particular quantity: If it is negative, it cannot be converted but if it is affirmative, it can be converted to an affirmative predication with particular quantity. E.g. ‘Some pleasure is good’ can be converted to ‘Some good is pleasure.’ (PrA., A, 2, 25a10-13 and a20-24) d. Single quantity: It cannot be converted. 12) Characteristics of relations between subject and predicate 1. A predicate is of a wider range than its subject. It is based on this fact that Aristotle: a) Prevents individuals to be predicate because there is nothing of which an individual be of a wider range. In other words, it is due to the fact that since an individual is only ‘one particular’ thing and, thus, cannot be of a wider extent than anything that Aristotle prevents them of being a predicate. Matthews, however, thinks we cannot use Socrates, a substance and an individual, in the place of predicate and say it of Socrates because ‘Socrates does not classify Socrates: it names him.’ b) Prevents differentia, species and things under species to be predicated of genus. (To., Z, 6, 144a27-) c) Prevents the species and the things under it to be predicated of the differentia. (To., Z, 6, 144b1-4) d) Also about the effect because it is wider than its subject. (PsA., B, 17, 99a) e) Each attribute is wider than every individual it is predicated on, though several attributes, collectively considered, might not be wider but exactly the substance of a thing. (PsA., B, 13, 96a32-b1) 2. The predicate of a predicate of a subject will be predicated of the subject too: ‘whenever one thing is predicated of another as of a subject, all things said of what is predicated will be said of the subject too.’ (Cat., 3, 1b10-15) In fact, it is due to its predication of the subject that it is predicated of its predicate. (Cat., 5, 2a36-b1) Moreover, what is not predicated of the predicate of a subject cannot be predicated of it as well. (PrA., A, 27, 43b22-27) Thus, what, for example, is not predicated of animal, cannot be predicated of man. 3. The predicate of a subject can be predicated of its predicates as well. (Cat., 5, 3a1-6) For example, you call the individual man grammatical and, thence, you call both a man and an animal grammatical. Nonetheless, the predicate of a subject belongs to it more properly than to its higher predicates. (PrA., A, 27, 43a27-32) 4. It is only the subject that can be distributed and not the predicate. (PrA., A, 27, 43b16-22; OI, I, 7, 17b12-16) Therefore, we can say e.g. ‘Every man is animal’ but we cannot say ‘Every man is every animal.’ 5. It is the reason of the relation between subjects and predicates, that is the reason of predication, which is the subject of inquiry. (Met., Z, 1041a20-24) In other words, since it is a meaningless inquiry to ask why a thing is itself (Met., Z, 1041a14-15), the only remaining meaningful inquiry is to ask why something is something else, i.e. to ask about the reason of predication. 6. A subject cannot categorize its predicate in the same category in which it is categorized by it. If e.g. A is a quality of B, B cannot be a quality of A. Therefore, there is no reciprocation in the same category. (PsA., A, 22, 83a36-39) 13) Characteristics of series of predications 1. A series of secondary accidental predication cannot go ad infinitum for not even more than two terms can be comnbined. For an accident is not an accident of an accident, unless it be because both are accidents of the same subject. (Met., Γ, 1007b1-4) 2. Infinite series cannot be traversed in thought. (PsA., A, 22, 83b6-7) 3. The predications of genera on each other must be ended and cannot go to infinity because otherwise not only substances would not be definable but also a genus would be equal to one of its own species. (PsA., A, 22, 83b7-10) Therefore, a series of predication of genera on each other must be limited on both sides. There must be an upward limit in general categories as well as a downward limit in individual because they cannot be predicated of others. Whatever lies between these limits can both be predicated of others and others be predicated of them. (PrA., A, 27, 43a36-43) 4. The order of predicates matters: it makes a difference whether the series be ABC or BAC. (PsA., B, 13, 96b25-32) . (shrink)

We have a basic definition of genus in Topics (I, 5, 102a31-35): ‘A genus is what is predicated in what a thing is of a number of things exhibiting differences in kind. We should treat as predicate in what a thing is all such things as it would be appropriate to mention in reply to the question “what is the object in question?”; as, for example, in the case of man, if asked that question, it is appropriate to say “He (...) is an animal.”’ He indicates that ‘of the common predicates that which is most definitely predicated in what the thing is, is likely to be the genus.’ (To. , I, 18, ^108b22) From this definition, what is demonstrative in the definition of genus, Aristotle asserts, is ‘what is common to all the cases.’ (To., I, 18, ^108b22) This common thing is ‘one identical thing which is predicated of both and is differentiated in no merely accidental way.’ (Met., I, 1057b37) This means that the things in which the genus is common must be essentially different. In fact, this very common genus must be essentially different in the things it is their genus. Therefore, things that are identical in a genus are at the same time different in that very genus. This means that though the genus is the same in them, it is indeed different in them and they are not the same as each other in that very same genus but specifically different from each other: ‘For not only must the common nature attach to the different things, e.g. not only must both be animals, but this very animal must also be different for each (e.g. in the one case horse, in the other man), and therefore this common nature is specifically different for the two things (διὰ τοῦτο τὸ κοινὸν ἓτερον ἀλλήλων ἐστι τῷ εἴδει). One then will be in virtue of its own nature one sort of animal, and the other another, e.g. one a horse and the other a man. This difference then must be an otherness of the genus. For I give the name of ‘difference in the genus’ to an otherness which makes the genus itself other.’ A. Characteristics of genera The following are the characteristics of genera: 1. Those to which the same figure of predication applies are one in genus. (Met. , Δ, 1016b32-35) 2. Things that are one in genus are all one by analogy while things that are one by analogy are not all one in genus. (Met, Δ, 1016b35-1017a3) 3. A genus includes contraries. (Met., Δ, 1018a25-31) 4. All the intermediates are in the same genus as one another and as the things they stand between. (Met., I, 1057a18-30; 1057b31-34) 5. Not every predicate is a genus of what it is predicated on; for this would equate a genus with one of its own species. (PsA., A, 22, 83b7-10) 6. The opposite of the genus should always be the genus of the opposite. (To., Δ, 4, ^125a27-29) 7. A genus divides the object from other things. (To., Z, 3, 140a^24) 8. None of unity and being is a genus. (Met., B, 998b22-27; Met., K, 1059b31-34; PsA., B, 7, 92b12-14) 9. There is no necessity or even no possibility that things that are the same specifically or generically should be numerically the same. (To., H, I, 152b30-) 10. To be called one due to having one genus is in a way similar to be one due to having the same matter. (Met., Δ, 1016a24-28) 11. The substance of a thing involves its genus, and thereby all the higher genera are predicated of the lower. (To., Z, 5, 143a^20- ) 12. Being falls immediately into genera. (Met., Γ, 1004a4-6) 13. They do not exist apart from the individuals. (Met., B, 999a29-32; Met., I, 1053b21-22) 14. A genus is not a simple qualification but marks off the qualification of substance. (Cat., 5, 3b18-21) 15. Genera are criteria of difference when ‘the things have not their matter in common and are not generated out of each other.’ (Met., I, 1054b27-31) 16. The genus of a thing is its matter (ὓλη). (Met., I, 1058a23-25) 17. A genus is applicable to a wider range than its species. (Cat., 5, 3b21-23) 18. A genus is prior to its species in existence: while a genus reciprocates on the existence of its species, they do not reciprocate on the existence of their genus. (Cat., 13, 15a3- ) Aristotle’s example is this: if there is a fish there is an animal, but if there is an animal, there is not necessarily a fish. 19. The genus of a thing expresses ‘what it is’ and its essence. (To., I, 5, 102a31- ; To., Z, 5, 143a^20- ) 20. A genus is most familiar than its differentia and may be them all. (To., Z, 9, 149a16) 21. The genus is more substantial than its species. (Met., H, 1042a13-16) 22. One, being and substance cannot be classes. (Met., I, 1053b21-24; cf. 1054a8-11) 23. Aristotle draws a distinction between a simple and a composite concept in their falling within a genus. While a simple one can, a composite one cannot. He discusses this between ‘justice’ and ‘just man’: ‘the former falls within the genus, whereas the other does not … for nothing which does not happen to belong to the genus is essentially the genus; e.g. a white man is not essentially a color.’ (To., Γ, 1, ^116a24) 1) Genus and universal ‘Genera are universals’ (Met., Λ, 1069a26-27; Δ, 1014b9-10) and more universal than differentia and species (Met., Δ, 1014b9-12), but it is evident that not all universals are genera. (Met., A, 992b10-13) 2) Co-ordinate species The species resulting from the same division are co-ordinate species. They are the results of the same division in the same genus. Thus, none of them is prior or posterior to others but they are simultaneous by nature. (Cat., 13, 14b33-15a3) 3) Priority of genus to species Aristotle defines prior (λοιπόν) based on reciprocation as to implication of existence: ‘Τhat from which the implication of existence does not hold reciprocally is thought to be prior.’ (Cat., 12, 14a32-34) His examples are genera and species: ‘genera are always prior to species since they do not reciprocate as to implication of existence.’ (Cat., 13, 15a4-6) Τhus, if there is a fish, there is an animal, but if there is an animal, there is not necessarily a fish. 4) Generic versus non-generic attributes As the above discussions illustrates, not all attributes can be genera of their subjects. Thus, we ought to distinguish between generic and non-generic attributes of each subject. K. J. Spalding distinguishes between substantive and classificatory attributes, a distinction that, he believes, is absent from the Aristotelian logic. Classificatory attributes are those that originate and exist in class alone, and are generic like ‘human’ and ‘animal.’ These attributes do not belong to the individual as individual. For example, animal belongs to the Socrates not as Socrates but as man. Substantive attributes, on the other hand, are those that belong to Socrates as Socrates and not as a class. Attributes like sense attributes that originate independently of generic structure and ‘do not involve a necessary relation to or dependence on a class’ are substantive attributes. (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)

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

The standard definition of “argument” is satisfied by any series of statements in which one (of the statements) is marked as the conclusion of the others. This leads to the counter-intuitive result that “I like cookies, therefore, all swans are white” is an argument, since “therefore” marks “all swans are white” as the conclusion of “I like cookies”. This objection is often disregarded by stating that, although the previous sequence is an argument, it fails to be a good (...) one. However, when we compare our previous argument with a definitely bad argument like “this swan is white, therefore, all swans are white”, we see that there is an important difference between them. Whereas the former fails to fulfil our intuition of what an argument is, the latter does qualify as an argument, but as a bad one. In this talk, I will sketch a definition that better captures this feature of our intuition of what an argument is in three steps. Following Díez and Moulines (1999), I first reduce inductive validity to deductive validity through what we may call the method of deductivisation. Second, through epistemic predicates (cf. Thompson 2002), I introduce a broader concept of validity that accounts not only for deductive and inductive validity, but also for a weaker type of validity that may be called pseudo-validity. I show that these pseudo-valid arguments can also be deductivised with the help of the above-mentioned epistemic predicates. Finally, I re-define the concept of argument as any series of statements that is at least pseudo-valid, which leaves the “cookies argument” outside of this definition. (shrink)

On being released from her black-and-white room into a colorful world it would seem Mary learns something new (the Knowledge Argument). On being released from his B-theory room into an A-theory world it would seem Mark learns something new (the Temporal Knowledge Argument). These thought experiments are parallel to each other and can inform each other.

The painful and tragic experience of the African- Americans in the United States of America led them to struggle for and establish an identity of their own. The survey of the history of the African- American people in different geographical spaces such as the African homeland, the middle passage, the American South and then the industrialized North, presents a picture where identity has been the foremost casualty in a history of displacement and migration, embittered by a conflict with the majority (...) voice, engaged in a struggle for survival against unexpected suffering. The tragedy was that the African- American’s quest for identity began over the things for which he himself was not responsible- his black colour, his race, his ancestors, and his physic. All this led the black men to turn himself into an object. It is under such circumstances that an unending and always expanding quest for identity began. Both the African- American men and women were the victims but there is a marked difference in their approach. While the men had to fight only in terms of race and class, the women were additionally burdened with the issues of gender as they saw that it is not only the white man but also the black man who often ill-treated them or misrepresented them in the literature. (shrink)

"Kierkegaard’s output is vast and earlier, was not available in English. Had they been available then certainly [Edith] Stein, [Simone] Weil, [Hannah] Arendt, and [Susan] Neiman would have constructed their theodicies around Kierkegaard more fully, abandoning the charlatanism of Martin Heidegger’s Nazi histrionics. These Princeton hardbacks, handsomely bound, with appealing fonts and meticulous notes will help disseminate Kierkegaard’s writings to a broader audience." This is how this review focussed on Kierkegaard's theodicy sees the volume under review. The reviewer thanks the (...) Ramakrishna Mission for getting the hardcopy of this book to this reviewer who is a recluse in a non-glamorous backwater within Kolkata; India. If the Ramakrishna Mission weren't generous enough; then this reviewer would not have been able to get his hardcover copy. The review thanks the Ramakrishna Mission for getting the hardcopy of this book to this reviewer who is a recluse in a non-glamorous backwater within Kolkata; India. Indian lives too matter! First world scholars do not read what people like I write. They in their white hot rage take it as a given that our writings don't matter. But the Ramakrishna Mission will outlast this reviewer and hundred others who will come by. In this sense; this review matters and those named in this review which, at the cost of reiterating, will be remembered two hundred years hence. Even IVY League Presses do not have the resources to archive everything, come the looming COVID 19 recession. & as Dr Anthony Fauci honestly says over and over, COVID 19 is going nowhere. And Ebola is out of the Congo. So, there we go...Indian writers on European thinkers do matter and will matter. All said and done, it was great fun reviewing these volumes. Kierkegaard gets it dot on mark that Christianity, or for that matter, any religion is all about the mystery of suffering. (shrink)

There is an intuitive difference in how we think about pluralism and attitudinal diversity in epistemological contexts versus political contexts. In an epistemological context, it seems problematically arbitrary to hold a particular belief on some issue, while also thinking it perfectly reasonable to hold a totally different belief on the same issue given the same evidence. By contrast, though, it doesn’t seem problematically arbitrary to have a particular set of political commitments, while at the same time thinking it perfectly reasonable (...) for someone in a similar position have a totally different set of political commitments. This chapter examines three explanatory theses that might be used to make sense of this difference: (1) that practical commitments are desire dependent in a way that beliefs are not; (2) that there are reasons to be resolute in practical commitments, but not in beliefs; and (3) that compromise in the face of practical political disagreement doesn’t mitigate controversy, whereas compromise in the face of disagreement about mere beliefs does mitigate controversy. (shrink)

This review places this translation and commentary on Book A of Prior Analytics in historical, logical, and philosophical perspective. In particular, it details the author’s positions on current controversies. The author of this translation and commentary is a prolific and respected scholar, a leading figure in a large and still rapidly growing area of scholarship: Prior Analytics studies PAS. PAS treats many aspects of Aristotle’s Prior Analytics: historical context, previous writings that influenced it, preservation and transmission of its manuscripts, editions (...) of its manuscripts, interpretations, commentaries, translations, and its influence on subsequent logic, philosophy, and mathematics. All this attention is warranted because Prior Analytics marks the origin of logic: the field that, among other things, asks of a given proposition whether it follows from a given set of propositions; and, if it follows, how we determine that it follows; and, if it does not follow, how we determine that it does not follow. This translation and commentary is not suitable for use in an undergraduate course. It has too many quirks that the teacher would want to warn against. A copy editor should have dealt with these things and with other matters such as incorrect punctuation and improper end-of-line divisions. The prose is heavily laden with glaring clichés. The one-page preface contains “longer than I care to remember”, “more than I can possibly list here”, “first and foremost”, and “last and by no means least”—a sentence later is devoted to thanking the “incredibly meticulous and helpful copy-editor”. A few pages later the translator reveals the need “to find a path between the Scylla … and the Charybdis …”. Moreover, the index is far from meeting the needs of undergraduate students. The attention to scholarly detail is not what one hoped for from Oxford University Press. At 26b10-15, this translation reads “let swan and white be chosen as white things” for what Smith correctly translates “let swan and snow be selected from among those white things”. At 41b16, “angles AB and CD” should read “angles AC and BD”. Despite this book’s flaws, it will be found useful if not indispensable for those currently engaged in Prior Analytics studies. The alternatives suggested to Robin Smith’s translation choices are often worth consideration. It is to be emphasized, however, that this book is unsuitable for those entering Prior Analytics studies. (shrink)

Artificial intelligence (AI) systems have demonstrated impressive performance across a variety of clinical tasks. However, notoriously, sometimes these systems are “black boxes.” The initial response in the literature was a demand for “explainable AI.” However, recently, several authors have suggested that making AI more explainable or “interpretable” is likely to be at the cost of the accuracy of these systems and that prioritizing interpretability in medical AI may constitute a “lethal prejudice.” In this paper, we defend the value of interpretability (...) in the context of the use of AI in medicine. Clinicians may prefer interpretable systems over more accurate black boxes, which in turn is sufficient to give designers of AI reason to prefer more interpretable systems in order to ensure that AI is adopted and its benefits realized. Moreover, clinicians may be justified in this preference. Achieving the downstream benefits from AI is critically dependent on how the outputs of these systems are interpreted by physicians and patients. A preference for the use of highly accurate black box AI systems, over less accurate but more interpretable systems, may itself constitute a form of lethal prejudice that may diminish the benefits of AI to—and perhaps even harm—patients. (shrink)

Mid-level ontologies are used to integrate data across disparate domains using vocabularies more specific than top-level ontologies and more general than domain-level ontologies. There are no clear, defensible criteria for determining whether a given ontology should count as mid-level, because we lack a rigorous characterization of what the middle level of generality is supposed to contain. Attempts to provide such a characterization have failed, we believe, because they have focused on the goal of specifying what is characteristic of those single (...) ontologies that have been advanced as mid-level ontologies. Unfortunately, single ontologies of this sort are generally a mixture of top- and mid-level, and sometimes even of domainlevel terms. To gain clarity, we aim to specify conditions for membership in what we call the middle architecture, which consists solely of mid-level ontologies. (shrink)

Social epistemologists should be well-equipped to explain and evaluate the growing vulnerabilities associated with filter bubbles, echo chambers, and group polarization in social media. However, almost all social epistemology has been built for social contexts that involve merely a speaker-hearer dyad. Filter bubbles, echo chambers, and group polarization all presuppose much larger and more complex network structures. In this paper, we lay the groundwork for a properly social epistemology that gives the role and structure of networks their due. In particular, (...) we formally define epistemic constructs that quantify the structural epistemic position of each node within an interconnected network. We argue for the epistemic value of a structure that we call the (m,k)-observer. We then present empirical evidence that (m,k)-observers are rare in social media discussions of controversial topics, which suggests that people suffer from serious problems of epistemic vulnerability. We conclude by arguing that social epistemologists and computer scientists should work together to develop minimal interventions that improve the structure of epistemic networks. (shrink)

Why should musical compositions and artistic images be included among the types of expression covered by free speech principles? One way to answer this question is to show how expression in nonverbal media can be functionally similar to other types of verbal expression. But this leaves us with an intuitively unsatisfying explanation of why free speech principles cover nonverbal creative expression that does not functionally emulate literal speech. In this article, as an alternative justification, we develop and defend the idea (...) that musical and pictorial expression‚ much like literal speech, can be media through which people think aloud, as opposed to mere tools for the transmission of thought. We use this proposal to provide a more robust justification for including nonverbal creative expression in the scope of free speech coverage, and we outline some of the practical policy implications that come with adopting this justificatory strategy. (shrink)

A philosopher argues that state-sponsored cyberattacks against central military or civilian targets are always acts of war. What is this philosopher doing? According to conceptual analysts, the philosopher is making a claim about our concept of war. According to philosophical realists, the philosopher is making a claim about war per se. In a quickly developing literature, a third option is being explored: the philosopher is engineering the concept of war. On this view, the philosopher is making a proposal about which (...) concept we should have – even if it deviates from the extant concept, and even if it does not capture ‘what war really is’. The activity or method of proposing such revisionary definitions, as well as the metaphilosophical reflection on it, has become known as conceptual engineering. (shrink)

To improve oneself and grow professionally, career development has been found to be crucial, as it serves as a roadmap for the professional growth of employees. However, a barrier, known as the glass ceiling, hinders the progress of employees, especially those in the LGBTQIA+ community. This study explores the impact of the glass ceiling on the career development of selected LGBTQIA+ individuals, shedding light on the barriers faced by this community in the workplace. The researchers used a qualitative multiple-case study (...) and selected ten (10) LGBTQIA+ participants from large enterprises via the judgmental sampling technique. Through thematic analysis, psychological impact, workplace discomfort, lack of recognition, and career progress challenges emerged as the impacts of the glass ceiling on the participants. Strategies for overcoming glass ceiling barriers, such as resilience, self-reflection, and community support, are identified. Thus, the study found that glass ceilings are really evident in the context of businesses. With this, the proposed advocacy plan in the study suggests interventions like workplace inclusion training, mentorship networks, and seminars on employee rights. Furthermore, it emphasizes the call for ongoing research and advocacy efforts to dismantle barriers and cultivate workplaces that not only embrace diversity but also provide equitable opportunities for career growth. (shrink)

An adequate understanding of the ubiquitous practice of mechanistic explanation requires an account of what Craver termed “constitutive relevance.” Entities or activities are constitutively relevant to a phenomenon when they are parts of the mechanism responsible for that phenomenon. Craver’s mutual manipulability account extended Woodward’s account of manipulationist counterfactuals to analyze how interlevel experiments establish constitutive relevance. Critics of MM argue that applying Woodward’s account to this philosophical problem conflates causation and constitution, thus rendering the account incoherent. These criticisms, we (...) argue, arise from failing to distinguish the semantic, epistemic, and metaphysical aspects of the problem of constitutive relevance. In distinguishing these aspects of the problem and responding to these critics accordingly, we amend MM into a refined epistemic criterion, the “matched interlevel experiments” account. Further, we explain how this epistemological thesis is grounded in the plausible metaphysical thesis that constitutive relevance is causal betweenness. (shrink)

Artificial intelligence (AI) systems have demonstrated impressive performance across a variety of clinical tasks. However, notoriously, sometimes these systems are 'black boxes'. The initial response in the literature was a demand for 'explainable AI'. However, recently, several authors have suggested that making AI more explainable or 'interpretable' is likely to be at the cost of the accuracy of these systems and that prioritising interpretability in medical AI may constitute a 'lethal prejudice'. In this paper, we defend the value of interpretability (...) in the context of the use of AI in medicine. Clinicians may prefer interpretable systems over more accurate black boxes, which in turn is sufficient to give designers of AI reason to prefer more interpretable systems in order to ensure that AI is adopted and its benefits realised. Moreover, clinicians may be justified in this preference. Achieving the downstream benefits from AI is critically dependent on how the outputs of these systems are interpreted by physicians and patients. A preference for the use of highly accurate black box AI systems, over less accurate but more interpretable systems , may itself constitute a form of lethal prejudice that may diminish the benefits of AI to - and perhaps even harm - patients. (shrink)

As we look beyond our terrestrial boundary to a multi-planetary future for humankind, it becomes paramount to anticipate the challenges of various human factors on the most likely scenario for this future: permanent human settlement of Mars. Even if technical hurdles are circumvented to provide adequate resources for basic physiological and psychological needs, Homo sapiens will not survive on an alien planet if a dysfunctional psyche prohibits the utilization of these resources. No matter how far we soar into the stars, (...) our psychologies for future generations will be forever tethered to the totality of our surroundings. By shaping our environment toward survival and welfare during the voyage to Mars and in a Martian colony, we indirectly shape our psyches and prepare them for a mission of unprecedented alienation and duration. Once on Mars, human factors such as leadership structure, social organization and code of conduct, group size, gender balance, developmental cycle, mobility, length of stay and the ecological settings and type and manner of subsistence, will create a novel Martian culture. The degree that settlers are severed from the Earth will affect how radically foreign this culture will be when compared with cultures on Earth. (shrink)

In debates over the regulation of communication related to dual-use research, the risks that such communication creates must be weighed against against the value of scientific autonomy. The censorship of such communication seems justifiable in certain cases, given the potentially catastrophic applications of some dual-use research. This conclusion however, gives rise to another kind of danger: that regulators will use overly simplistic cost-benefit analysis to rationalize excessive regulation of scientific research. In response to this, we show how institutional design principles (...) and normative frameworks from free speech theory can be used to help extend the argument for regulating dangerous dual-use research beyond overly simplistic cost-benefit reasoning, but without reverting to an implausibly absolutist view of scientific autonomy. (shrink)

We discuss recent progress in the development of cognitive ontologies and summarize three challenges in the coordinated development and application of these resources. Challenge 1 is to adopt a standardized definition for cognitive processes. We describe three possibilities and recommend one that is consistent with the standard view in cognitive and biomedical sciences. Challenge 2 is harmonization. Gaps and conflicts in representation must be resolved so that these resources can be combined for mark-up and interpretation of multi-modal data. Finally, (...) Challenge 3 is to test the utility of these resources for large-scale annotation of data, search and query, and knowledge discovery and integration. As term definitions are tested and revised, harmonization should enable coordinated updates across ontologies. However, the true test of these definitions will be in their community-wide adoption which will test whether they support valid inferences about psychological and neuroscientific data. (shrink)

Studies in the psychology of visual expertise have tended to focus on a limited set of expert domains, such as radiology and athletics. Conclusions drawn from these data indicate that experts use parafoveal vision to process images holistically. In this study, we examined a novel, as-of-yet-unstudied class of visual experts—architects—expecting similar results. However, the results indicate that architects, though visual experts, may not employ the holistic processing strategy observed in their previously studied counterparts. Participants (n = 48, 24 architects, 24 (...) naïve) were asked to find targets in chest radiographs and perspective images. All images were presented in both gaze-contingent and normal viewing conditions. Consistent with a holistic processing model, we expected two results: (1) architects would display a greater difference in saccadic amplitude between the gaze- contingent and normal conditions, and (2) architects would spend less time per search than an undergraduate control group. We found that the architects were more accurate in the perspectival task, but they took more time and displayed a lower difference in saccadic amplitude than the controls. Our research indicates a disjunctive conclusion. Either architects are simply different kinds of visual experts than those previously studied, or we have generated a task that employs visual expertise without holistic processing. Our data suggest a healthy skepticism for across-the-board inferences collected from a single domain of expertise to the nature of visual expertise generally. More work is needed to determine whether holism is a feature of all visual expertise. (shrink)

The coronavirus disease 2019 (COVID-19) pandemic has motivated medical ethicists and several task forces to revisit or issue new guidelines on allocating scarce medical resources. Such guidelines are relevant for the allocation of scarce therapeutics and vaccines and for allocation of ICU beds, ventilators, and other life-sustaining treatments or potentially scarce interventions. Principles underlying these guidelines, like saving the most lives, mitigating disparities, reciprocity to those who assume additional risk (eg, essential workers and clinical trial participants), and equal access may (...) compete with one another. We propose the use of a “categorized priority system” (also known as a “reserve system”) as an improvement over existing allocation methods, particularly because it may be able to achieve disparity mitigation better than other methods. (shrink)

The self-interaction spin-2 approach to GR has been extremely influential in the particle physics community. Leaving no doubt regarding its heuristic value, we argue that any view of the metric field of GR as nothing but a stand-in for a self-coupling field in at spacetime runs into a dilemma: either the view is physically incomplete in so far as it requires recourse to GR after all, or it leads to an absurd multiplication of alternative viewpoints on GR rendering any understanding (...) of the metric field as nothing but a spin-2 field in at spacetime unjustified. (shrink)

We are addressing this letter to the editors of Philosophical Psychology after reading an article they decided to publish in the recent vol. 33, issue 1. The article is by Nathan Cofnas and is entitled “Research on group differences in intelligence: A defense of free inquiry” (2020). The purpose of our letter is not to invite Cofnas’s contribution into a broader dialogue, but to respectfully voice our concerns about the decision to publish the manuscript, which, in our opinion, fails to (...) meet a range of academic quality standards usually expected of academic publications. (shrink)

In this paper, we explain and showcase the promising methodology of testimonial network analysis and visualization for experimental epistemology, arguing that it can be used to gain insights and answer philosophical questions in social epistemology. Our use case is the epistemic community that discusses vaccine safety primarily in English on Twitter. In two studies, we show, using both statistical analysis and exploratory data visualization, that there is almost no neutral or ambivalent discussion of vaccine safety on Twitter. Roughly half the (...) accounts engaging with this topic are pro-vaccine, while the other half are con-vaccine. We also show that these two camps rarely engage with one another, and that the con-vaccine camp has greater epistemic reach and receptivity than the pro-vaccine camp. In light of these findings, we question whether testimonial networks as they are currently constituted on popular fora such as Twitter are living up to their promise of delivering the wisdom of crowds. We conclude by pointing to directions for further research in digital social epistemology. (shrink)

We discuss recent progress in the development of cognitive ontologies and summarize three challenges in the coordinated development and application of these resources. Challenge 1 is to adopt a standardized definition for cognitive processes. We describe three possibilities and recommend one that is consistent with the standard view in cognitive and biomedical sciences. Challenge 2 is harmonization. Gaps and conflicts in representation must be resolved so that these resources can be combined for mark-up and interpretation of multi-modal data. Finally, (...) Challenge 3 is to test the utility of these resources for large-scale annotation of data, search and query, and knowledge discovery and integration. As term definitions are tested and revised, harmonization should enable coordinated updates across ontologies. However, the true test of these definitions will be in their community-wide adoption which will test whether they support valid inferences about psychological and neuroscientific data. (shrink)

This essay presents a fully inferentialist-expressivist account of scientific representation. In general, inferentialist approaches to scientific representation argue that the capacity of a model to represent a target system depends on inferences from models to target systems. Inferentialism is attractive because it makes the epistemic function of models central to their representational capacity. Prior inferentialist approaches to scientific representation, however, have depended on some representational element, such as denotation or representational force. Brandom’s Making It Explicit provides a model of how (...) to fully discharge such representational vocabulary, but it cannot be applied directly to scientific representations. Pursuing a strategy parallel to Brandom’s, this essay begins with an account of how surrogative inference is justified. Scientific representation and the denotation of model elements are then explained in terms of surrogative inference by treating scientific representation and denotation as expressive, analogous to Brandom’s account of truth. The result is a thoroughgoing inferentialism: M is a scientific representation of T if and only if M has scientifically justified surrogative consequences that are answers to questions about T. (shrink)

Coronavirus disease 2019 can lead to respiratory failure. Some patients require extracorporeal membrane oxygenation support. During the current pandemic, health care resources in some cities have been overwhelmed, and doctors have faced complex decisions about resource allocation. We present a case in which a pediatric hospital caring for both children and adults seeks to establish guidelines for the use of extracorporeal membrane oxygenation if there are not enough resources to treat every patient. Experts in critical care, end-of-life care, bioethics, and (...) health policy discuss if age should guide rationing decisions. (shrink)

Explanation is asymmetric: if A explains B, then B does not explain A. Tradition- ally, the asymmetry of explanation was thought to favor causal accounts of explanation over their rivals, such as those that take explanations to be inferences. In this paper, we develop a new inferential approach to explanation that outperforms causal approaches in accounting for the asymmetry of explanation.