The concept of instantiation is realized differently across a variety of metaphysical theories. A certain realization of the concept in a given theory depends on what roles are specified and associated with the concept and its corresponding term as well as what entities are suited to fill those roles. In this paper, the classic realization of the concept of instantiation in a one-category ontology of abstract particulars or tropes is articulated in a novel way and defended against unaddressed objections.

In the ontology of music the Aristotelian theory of musical works is the view that musical works are immanent universals. The Aristotelian theory (hereafter Musical Aristotelianism) is an attractive and serviceable hypothesis. However, it is overlooked as a genuine competitor to the more well-known theories of Musical Platonism and nominalism. Worse still, there is no detailed account in the literature of the nature of the universals that the Aristotelian identifies musical works with. In this paper, I argue that the best (...) version of Musical Aristotelianism identifies musical works with structural universals. I first motivate the view by outlining its explanatory benefits. I then argue that Musical Aristotelianism is preferable to Musical Platonism and present a novel account of musical works as structural universals by developing D. M. Armstrong’s theory of structural universals. I discuss the consequences of Musical Aristotelianism with respect to on-going issues in debates about musical works and defend the view against an influential objection, concluding that Musical Aristotelianism is a genuine competitor in debates about the nature of musical works. (shrink)

Truthmaker monism is the view that the one and only truthmaker is the world. Despite its unpopularity, this view has recently received an admirable defence by Schaffer :307–324, 2010b). Its main defect, I argue, is that it omits partial truthmakers. If we omit partial truthmakers, we lose the intimate connection between a truth and its truthmaker. I further argue that the notion of a minimal truthmaker should be the key notion that plays the role of constraining ontology and that truthmaker (...) monism is not necessary for an appropriate solution to the problem of finding truthmakers for negative truths. I conclude that we should reject truthmaker monism once and for all. (shrink)

The revival of analytic metaphysics in the latter half of the twentieth century is typically understood as a consequence of the critiques of logical positivism, Quine’s naturalization of ontology, Kripke’s Naming and Necessity, clarifications of modal notions in logic, and the theoretical exploitation of possible worlds. However, this explanation overlooks the work of metaphysicians at the height of positivism and linguisticism that affected metaphysics of the late twentieth century. Donald C. Williams is one such philosopher. In this paper I explain (...) how Williams’s fundamental ontology and philosophy of time influenced in part the early formation of David Lewis’s metaphysics. Thus, Williams played an important role in the revival of analytic metaphysics. (shrink)

In the early twentieth century, many philosophers in America thought that time should be taken seriously in one way or another. George P. Adams (1882-1961) argued that the past, present and future are all real but only the present is actual. I call this theory ‘actualist eternalism’. In this paper, I articulate his novel brand of eternalism as one piece of his metaphysical system and I explain how he argued for the view in light of the best explanations of temporal (...) experience and the present. I argue that his exploitation of analogies between time and modality offer some lessons for current debates about time such as the importance of providing a temporal epistemology. I also extract what I call the temporal boundary problem and argue that it gives rise to an unaddressed challenge for presentists and growing block theorists. (shrink)

In the middle of last century metaphysics was widely criticized, ridiculed, and committed to the flames. During this period a handful of philosophers, against several anti-metaphysical trends, defended metaphysics and articulated novel metaphysical doctrines. Donald C. Williams was one of these philosophers. But while his contributions to metaphysics are well known his defence of metaphysics is not and yet it played a key part in the development and revival of metaphysics. In this paper I present his defence of metaphysics in (...) its historical context. I also show how his defence is relevant in response to recent attacks on metaphysics. (shrink)

In this paper I examine Grace A. de Laguna’s theory of universals in its historical context and in relation to contemporary debates in analytic metaphysics. I explain the central features of her theory, arguing that her theory should be classified as a form of immanent realism and as a powers ontology. I then show in what ways her theory affords a theory of modality in terms of potentialities and discuss some of its consequences along the way.

Trope theory is a leading metaphysical theory in analytic ontology. One of its classic statements is found in the work of Donald C. Williams who argued that tropes qua abstract particulars are the very alphabet of being. The concept of an abstract particular has been repeatedly attacked in the literature. Opponents and proponents of trope theory alike have levelled their criticisms at the abstractness of tropes and the associated act of abstraction. In this paper I defend the concept of a (...) trope qua abstract particular by rejecting arguments that purport to show that tropes should not be understood as abstract and by arguing that the abstractness of tropes plays an indispensable role in one of our more promising trope-theoretic analyses of universals and of concrete objects. (shrink)

This chapter by Fisher continues the theme of the relation between Armstrong and Lewis, only Fisher casts the net far wider. He begins by arguing that there were at least two different lines of influence from early twentieth-century behaviourism to the identity theory: one through logical positivism and the other through ordinary language philosophy, the latter involving Place and Smart, and Lewis and Armstrong. It was Armstrong and Lewis who were to have a profound influence on subsequent developments (...) in analytic philosophy, both methodologically and in metaphysics, and it is for this reason that Fisher devotes the rest of his chapter to tracing the origins of their theories of mind and the manner in which the emphases and methodologies deployed in developing their respective theories became the hallmarks of their wider impact on analytic philosophy. (shrink)

Samuel Alexander was a central figure of the new wave of realism that swept across the English-speaking world in the early twentieth century. His Space, Time, and Deity (1920a, 1920b) was taken to be the official statement of realism as a metaphysical system. But many historians of philosophy are quick to point out the idealist streak in Alexander’s thought. After all, as a student he was trained at Oxford in the late 1870s and early 1880s as British Idealism was beginning (...) to flourish. This naturally had some effect on his philosophical outlook and it is said that his early work is overtly idealist. In this paper I examine his neglected and understudied reactions to British Idealism in the 1880s. I argue that Alexander was not an idealist during this period and should not be considered as part of the British Idealist tradition, philosophically speaking. (shrink)

David Lewis is typically interpreted as a class nominalist. One consequence of class nominalism, which he embraced, is that the reduction of ordered pairs, triples, etc to unordered sets of sets is conventional. The reaction by his Australian counterparts D.M. Armstrong and Peter Forrest was that Lewis was not being ontologically serious. This chapter evaluates this debate over serious ontology. It is argued that in one sense Lewis is ontologically serious, but that his additional commitment to structuralism about classes should (...) push him to adopt a trope-theoretic account of naturalness, which opens up another way to respond to the charge of not doing serious ontology. This conclusion is supported by certain remarks he makes in his correspondence, thus revealing how his thinking about properties appears to have evolved from property-egalitarianism to a sparse theory of tropes. (shrink)

I apply the notion of truthmaking to the topic of fundamentality by articulating a truthmaker theory of fundamentality according to which some truths are truth-grounded in certain entities while the ones that don't stand in a metaphysical-semantic relation to the truths that do. I motivate this view by critically discussing two problems with Ross Cameron's truthmaker theory of fundamentality. I then defend this view against Theodore Sider's objection that the truthmaking approach to fundamentality violates the purity constraint. Truthmaker theorists can (...) have a trouble-free theory of fundamentality. (shrink)

One of the more obscure arguments for Rawls’ difference principle dubbed ‘the Pareto argument for inequality’ has been criticised by G. A. Cohen (1995, 2008) as being inconsistent. In this paper, we examine and clarify the Pareto argument in detail and argue (1) that justification for the Pareto principles derives from rational selfinterest and thus the Pareto principles ought to be understood as conditions of individual rationality, (2) that the Pareto argument is not inconsistent, contra Cohen, and (3) that the (...) kind of bargaining model required to arrive at the particular unequal distribution that the difference principle picks out is a model that is not based on bargaining according to one’s threat advantage. (shrink)

Samuel Alexander was one of the first realists of the twentieth century to defend a theory of categories. He thought that the categories are genuinely real and grounded in the intrinsic nature of Space-Time. I present his reduction of the categories in terms of Space-Time, articulate his account of categorial structure and completeness, and offer an interpretation of what he thought the nature of the categories really were. I then argue that his theory of categories has some advantages over competing (...) theories of his day, and finally draw some important lessons that we can learn from his realist yet reductionist theory of categories. (shrink)

Structural universals are a kind of complex universal. They have been put to work in a variety of philosophical theories but are plagued with problems concerning their compositional nature. In this article, we will discuss the following questions. What are structural universals? Why believe in them? Can we give a consistent account of their compositional nature? What are the costs of doing so?

In this chapter, we introduce the perennial and sometimes sprawling topic of properties, with a brief historical sketch from Ancient to Modern philosophy throughout various cultures and traditions. We argue that the importance of properties can be shown by explaining what explanatory work they can do in philosophical theorising across many areas of philosophy. The chapters in this volume do just that in their specific ways. We also outline the structure of the volume and summarise each Part, first describing the (...) larger context of each Part and then the upshot of each chapter. (shrink)

The famous Cartesian Nicolas Malebranche (1638-1715) espoused the occasionalist doctrine that ‘there is only one true cause because there is only one true God; that the nature or power of each thing is nothing but the will of God; that all natural causes are not true causes but only occasional causes’ (LO, 448, original italics). One of Malebranche’s well-known arguments for occasionalism, known as, the ‘no necessary connection’ argument (or, NNC ) stems from the principle that ‘a true cause… is (...) one such that the mind perceives a necessary connection between it and its effect’ (LO, 450). The outline of this paper is as follows. I explicitly layout NNC and articulate some of its prima facie strengths (§1). I then critically discuss, what I take to be, the two main arguments against NNC of the Lee-Pyle interpretation (§2). The main conclusion from (§2) is that Malebranche did not abandon NNC in his later works given textual evidence from the Dialogues, contrary to the Lee-Pyle interpretation. In (§3) I discuss in what ways Suárez, Leibniz, Régis and Spinoza all accepted the main premise of NNC. Then, I rebut Steven Nadler’s influential and unchallenged criticism that Malebranche conflated causal and logical necessity, and provide a more accurate interpretation of Malebranche that only commits him to a partial reduction of causal to logical necessity (§4). (shrink)

In Examination of McTaggart's Philosophy, C.D. Broad advanced a distinctive ontology of things and processes. He argues that neither things nor processes are reduced to each other but instead are reduced to some further kind of entity: “absolute process.” This paper will present Broad's theory of absolute processes and argue that they are best understood as tropes by developing a version of Donald C. Williams's trope ontology. This process ontology of tropes is then defended against objections in the contemporary metaphysics (...) literature. (shrink)

David Lewis objected to theories that posit necessary connections between distinct entities and to theories that involve a magical grasping of their primitives. In On the Plurality of Worlds, Lewis objected to nondescript ersatzism on these grounds. The literature contains several reconstructions of Lewis’ critique of nondescript ersatzism but none of these interpretations adequately address his main argument because they fail to see that Lewis’ critique is based on broader methodological considerations. I argue that a closer look at his methodology (...) reveals the broader objection he presented against nondescript ersatzism. This objection, I further argue, remains a challenge for the ersatzer who posits structure-less entities as possible worlds. (shrink)

Trenton Merricks argues for and defends a novel version of primitivism about truth : being true is a primitive monadic but non-intrinsic property. This examination consists of the following triad: a critical discussion of Merricks’ argument for his view, a rejection of his objection against Paul Horwich’s minimalist theory of truth, and a direct objection against his view on the grounds that it entails being true is a mysterious and suspicious property. The conclusion is that Merricks’ primitivism should be rejected.

In this paper I outline the main features of Karen Bennett’s (Australasian Journal of Philosophy 1–21, 2011) non-classical mereology, and identify its methodological costs. I argue that Bennett’s mereology cannot account for the composition of structural universals because it cannot explain the mereological difference between isomeric universals, such as being butane and being isobutane. I consider responses, which come at costs to the view.

Although ethics is an essential component of undergraduate medical education, research suggests current medical ethics curricula face considerable challenges in improving students’ ethical reasoning. This paper discusses these challenges and introduces a promising new mode of graduate and professional ethics instruction for overcoming them. We begin by describing common ethics curricula, focusing in particular on established problems with current approaches. Next, we describe a novel method of ethics education and assessment for medical students that we have devised, the Medical Ethics (...) Bowl. Finally, we suggest pedagogical advantages to MEBs when compared to other ethics curricula. (shrink)

If novels can be arguments, that fact should shape logic or argumentation studies as well as literary studies. Two senses the term ‘narrative argument’ might have are (a) a story that offers an argument, or (b) a distinctive argument form. I consider whether there is a principled way of extracting a novel’s argument in sense (a). Regarding the possibility of (b), Hunt’s view is evaluated that many fables and much fabulist literature inherently, and as wholes, have an analogical argument structure. (...) I argue that a better account is that some novels inherently exhibit a transcendental argument structure. (shrink)

The common view is that no novel IS an argument, though it might be reconstructed as one. This is curious, for we almost always feel the need to reconstruct arguments even when they are uncontroversially given as arguments, as in a philosophical text. We make the points as explicit, orderly, and (often) brief as possible, which is what we do in reconstructing a novel’s argument. The reverse is also true. Given a text that is uncontroversially an explicit, orderly, and brief (...) argument, in order to enhance plausibility, our first instinct is to flesh it out with illustrations and relationships to everyday life. If this process is fictive (e.g., with “thought experiments”) and orderly, it is story-telling. This paper investigates whether there is a principled way of determining a novel’s argument, which should contribute as much to understanding arguments as to understanding novels. (shrink)

Two controversies exist regarding the appropriate characterization of hierarchical and adaptive evolution in natural populations. In biology, there is the Wright-Fisher controversy over the relative roles of random genetic drift, natural selection, population structure, and interdemic selection in adaptive evolution begun by Sewall Wright and Ronald Aylmer Fisher. There is also the Units of Selection debate, spanning both the biological and the philosophical literature and including the impassioned group-selection debate. Why do these two discourses exist separately, and interact (...) relatively little? We postulate that the reason for this schism can be found in the differing focus of each controversy, a deep difference itself determined by distinct general styles of scientific research guiding each discourse. That is, the Wright-Fisher debate focuses on adaptive process, and tends to be instructed by the mathematical modeling style, while the focus of the Units of Selection controversy is adaptive product, and is typically guided by the function style. The differences between the two discourses can be usefully tracked by examining their interpretations of two contested strategies for theorizing hierarchical selection: horizontal and vertical averaging. (shrink)

Michael Scriven’s (1959) example of identical twins (who are said to be equal in fitness but unequal in their reproductive success) has been used by many philosophers of biology to discuss how fitness should be defined, how selection should be distinguished from drift, and how the environment in which a selection process occurs should be conceptualized. Here it is argued that evolutionary theory has no commitment, one way or the other, as to whether the twins are equally fit. This is (...) because the theory of natural selection is fundamentally about the fitnesses of traits, not the fitnesses of token individuals. A plausible philosophical thesis about supervenience entails that the twins are equally fit if they live in identical environments, but evolutionary biology is not committed to the thesis that the twins live in identical environments. Evolutionary theory is right to focus on traits, rather than on token individuals, because the fitnesses of token organisms (as opposed to their actual survivorship and degree of reproductive success) are almost always unknowable. This point has ramifications for the question of how Darwin’s theory of evolution and R. A. Fisher’s are conceptually different. (shrink)

Scientists use models to understand the natural world, and it is important not to conflate model and nature. As an illustration, we distinguish three different kinds of populations in studies of ecology and evolution: theoretical, laboratory, and natural populations, exemplified by the work of R.A. Fisher, Thomas Park, and David Lack, respectively. Biologists are rightly concerned with all three types of populations. We examine the interplay between these different kinds of populations, and their pertinent models, in three examples: the (...) notion of “effective” population size, the work of Thomas Park on /Tribolium/ populations, and model-based clustering algorithms such as /Structure/. Finally, we discuss ways to move safely between three distinct population types while avoiding confusing models and reality. (shrink)

The question of how people change artworks is important for the metaphysics of art. It’s relatively easy for anyone to change a painting or sculpture, but who may change a literary or musical work is restricted and varies with context. Authors of novels and composers of symphonies often have a special power to change their artworks. Mary Shelley revised Frankenstein, and Tchaikovsky revised his Second Symphony. I cannot change these artworks. In other cases, such as those involving jazz standards and (...) folk songs, performers and ordinary folks have more power to change artworks. My preferred explanation of these facts is the created-abstract-simples view, according to which literary and musical works, unlike paintings and sculptures, are created abstract objects that have no parts. On this view, the way to change a literary or musical work is for an individual, empowered by social practices, to change rules about how a literary work should be published or a musical work should be performed. A. R. J. Fisher and Caterina Moruzzi object that the created-abstract-simples view doesn’t allow for literary and musical works to genuinely change, and Nemesio Garcia-Carríl Puy objects that the view doesn’t allow for these artworks to be repeatable. This paper clarifies the created-abstract-simples view and defends the view against these objections. -/- . (shrink)

The origins of testing scientific models with statistical techniques go back to 18th century mathematics. However, the modern theory of statistical testing was primarily developed through the work of Sir R.A. Fisher, Jerzy Neyman, and Egon Pearson in the inter-war period. Some of Fisher's papers on testing were published in economics journals (Fisher, 1923, 1935) and exerted a notable influence on the discipline. The development of econometrics and the rise of quantitative economic models in the mid-20th century (...) made statistical significance testing a commonplace, albeit controversial tool within economics. -/- In the debate about significance testing, methodological controversies intertwine with epistemological issues and sociological developments. Our aim in this chapter is to expound these connections and to show how the use of, and the debate about, significance testing in economics differs from other social sciences, such as psychology. (shrink)

Amaç: Kanserle yaşayan bireylerin (KYB) bakımında, resmiyette görünür olmayan ve çoğunlukla herhangi bir profesyonel donanıma sahip olmayan, ama sürecin başından sonuna, hasta bireye eşlik eden bakım verenler kritik öneme sahiptir. Baş etmesi zor bir hastalık olan kanserle mücadele eden bireylerin bakımında, bakım verenler fiziksel, zihinsel ve sosyal birtakım zorluklarla karşılaşmaktadır. Bu araştırma, KYB’lere bakım veren, yakınlarının karşılaştıkları zorlukları gündeme getirmeyi ve ihtimam etiği perspektifinden, bakım verenlerin bakımına yönelik öneriler sunmayı amaçlamaktadır. Gereç ve Yöntem: Bu araştırma tanımlayıcı ve kesitsel olup araştırmanın (...) evreni Marmara Üniversitesi Pendik Eğitim ve Araştırma Hastanesi (MÜPEAH) Onkoloji kliniğinde takip edilen, 15 Mart-5 Nisan tarihleri arasında kemoterapi ünitesine ve servis hizmetlerine başvuran KYB’lerin bakım veren yakınlarıdır. KYB’lere bakım verenlerin umutsuzluk derecelerini tespit etmek ve bunu etkileyen faktörleri ölçmek için, veri toplama aracı olarak; sosyodemografik sorular, bakım alan bireyin hastalık derecesine yönelik sorular ve Beck Umutsuzluk Ölçeği sorularından oluşan bir anket elden dağıtılmıştır. Anket bakım verene yönelik sosyodemografik sorular 8, KYB’nin hastalığının durumu ile ilgili sorular 7, Beck Umutsuzluk Ölçeği 20 olmak üzere 35 sorudan oluşmaktadır ve yaklaşık 10 dakikada tamamlanmaktadır. Elde edilen veriler önce Microsoft Excel aracılığıyla dijitalleştirilmiş, ardından IBM SPSS 27.0.1 sürümüyle analiz edilmiştir. Verilerin analizinde Ki-kare, Fisher’s Exact testi ve Pearson Korelasyon analizi kullanılmış, istatistiksel anlamlılık değeri için p<0.05 kabul edilmiştir. Bulgular: Ankete katılan 151 bakım verenin 83’ü (%55,3) kadın, 67’si (%44,7) erkektir. Katılımcıların yaş ortalaması 40,09’dur. Bakım verenlerin %41,1’i umutsuzluk düzeyi ölçeğinde “minimal ya da yok”, %39,7'si "hafif düzeyde", %13.2'si orta düzeyde ve %6’sı “aşırı düzeyde” skorunu almıştır. KYB’lere bakım verenlerin demografik özellikleri ile umutsuzluk düzeyi arasında anlamlı bir ilişki bulunmamıştır. Bakım verenlerin yaşı, cinsiyeti, medeni durumu, gelir durumu ve bakım verme süresi ile umutsuzluk skorları arasında anlamlı bir ilişki bulunmazken, eğitim seviyesi ile umutsuzluk skorları arasında anlamlı bir ilişki bulunmuştur. (p=0,019). Sonuç: Bakım verenlerin, umutsuzluk düzeyleri göz önüne alındığında, önemli psikolojik yükler taşıdığına ve bu yükün, özellikle bakım verenin eğitim seviyesi ile hastanın sağlık durumu arasında belirgin ilişkiler gösterdiğine ulaşılmıştır. Bu bilgiler ışığında, sosyodemografik özelliklerin bakım verenleri önemli ölçüde etkilediği görülmüştür. Bakım verenlerin duygusal yükleri, bakım alıcılarla olan ilişkileri ve bu sürecin hem bireysel hem toplumsal düzeyde getirdiği zorluklar ve sorumluluklar, ihtimam etiği kapsamında ele alınmıştır. Araştırma neticesinde bakım verenlerin karşılaştığı zorluklar ve ihtiyaçlarının daha geniş bir toplumsal ve etik perspektiften ele alınmasının gerekliliği ortaya konmuştur. Bakım verenlerin bakımına yönelik öneriler, duygusal destek; teorik eğitim ve bilgilendirme desteği; pratik ve uygulamalı destek; kaynak erişimi ve tahsisi; tanıma ve doğrulama başlıkları altında sunulmuştur. (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)

RESUMO O presente trabalho mostra as atividades realizadas do período de 01 de julho a 01 de novembro na JRM Agropecuária. As atividades foram desenvolvidas na área de bovinocultura de leite, este trabalho foi desenvolvido sob orientação do professor mestre Rodrigo Dorneles Tortorella e supervisão do médico veterinário André Ricardo, em conjunto com o médico veterinário Breno. Durante o período de estágio foi acompanhado as atividades realizadas no setor de manejo, reprodução, bezerreiro e recria da fazenda, além de acompanhar as (...) consultorias quinzenais realizadas pelos médicos veterinários. Este trabalho é composto pela descrição de estágio, referencial bibliográfico e relato de caso. O manejo reprodutivo pode trazer muito impactos econômicos se não for realizado de forma adequado, para trazer melhores resultados biotécnicas da reprodução foram criadas, como por exemplo a inseminação artificial, juntamente com ela, protocolos de inseminação são usados, para isso é necessário conhecer a anatomia do animal e a fisiologia do ciclo estral, trazendo então melhores resultados adequando a necessidade da propriedade. O relato de caso consiste na avaliação da taxa de concepção ao primeiro serviço de vacas leiteiras primíparas e multíparas no pós-parto em anestro, submetidas a uma pré-sincronização anterior a um protocolo de IATF, o qual obteve resultado e a maioria dos animais responderam a pré-sincronização, e as taxas de concepção foram superiores comparadas apenas a utilização de IATF, obtendo 37% de animais gestantes ao primeiro serviço. Palavras-chave: Anestro; Bovinos; Concepção; Pré-Sincronização. -/- REFERÊNCIAS BIBLIOGRÁFICAS ALMEIDA, Í.C.; SOBREIRA, R.R.; OLIVEIRA, F.A.; GARCIA, Y.L.; MADUREIRA, A.P.; BARIONI, G.; SIQUEIRA, J.B. Protocolo de pré-sincronização hormonal em vacas mestiças no período pós-parto. Revista Brasileira de Medicina Veterinária, v.38 n.4, p. 353-357, 2016. AYRES, H; FERREIRA, R. M; CUNHA, A. P; ARAÚJO, R. R; WILTBANK, M. C. Double-Ovsynch in high-producing dairy cows: effects on progesterone concentrations and ovulation to GnRH treatments. Theriogenology. v. 79, n. 1, p. 159-164, 2013 AZEVEDO, C; CANADA, N; SIMÕES, J. O protocolo hormonal Ovsynch e suas modificações em vacas leiteiras de alta produção: uma revisão. Arquivos de zootecnia, v.63, n.244, p. 173-187, 2014. BERGAMASCHI, M.A.C.M; MACHADO, R; BARBOSA, R.T. Eficiência reprodutiva das vacas leiteiras. Circular Técnica- Embrapa. São Paulo, 2010. CAMPOS, C.C; RESENDE, E.V; CARNEIRO, L.C; MUNHOZ, A.K; SANTOS, R.M. Condição ovariana de vacas holandesas no início do programa reprodutivo. Vet. Not, v.18, n. 2, p. 145-147, 2012. CARVALHO, B.C; PIRES, M.F.A; ARBEX, W; SANTOS, G.B. Uso de Tecnologias de Precisão na Reprodução de Bovinos Leiteiros. Cadernos Técnicos de Veterinária e Zootecnia. n.79. 2015. CARVALHO, V.S. Avaliação morfológica do aparelho reprodutor de novilhas pertencentes a três grupos raciais. Universidade de Brasília - Faculdade de Agronomia e Medicina Veterinária. Brasília, 2017. CONSENTINI, C. E. C; WILTBANK, M.C; SARTORI, R. Fatores que otimizam a eficiência reprodutiva em rebanhos leiteiros com ênfase em programas de inseminação artificial cronometrada. Animais, 2021. DA SILVA, Emanuel Isaque Cordeiro. Anatomia e Fisiologia do Sistema Reprodutivo dos Animais Domésticos. Emanuel Isaque Cordeiro da Silva, 2020. DA SILVA, Emanuel Isaque Cordeiro. Anestro em Vacas Leiteiras: Fisiologia e Manejo. 2021. DA SILVA, Emanuel Isaque Cordeiro. Fisiologia Clínica do Ciclo Estral de Vacas Leiteiras: Desenvolvimento Folicular, Corpo Lúteo e Etapas do Estro. 2020. DA SILVA, Emanuel Isaque Cordeiro. Fisiologia da Reprodução Animal: Ovulação, Controle e Sincronização do Cio. 2020. DA SILVA, Emanuel Isaque Cordeiro. Fisiologia da Reprodução de Bovinos Leiteiros: Aspectos Básicos e Clínicos. Emanuel Isaque Cordeiro da Silva, 2022. DA SILVA, Emanuel Isaque Cordeiro. Fisiologia do ciclo estral dos animais domésticos. Emanuel Isaque Cordeiro da Silva, 2021. DA SILVA, Emanuel Isaque Cordeiro. Fisiologia do estro e do serviço na reprodução bovina. Belo Jardim: EICS, 2021. FAILS, A.D; MAGEE, C. Frandson- Anatomia e Fisiologia dos Animais de Produção. 8 ed. Rio de Janeiro: Guanabara Koogan Ltda, 2019. FERREIRA, A.M. Reprodução da Fêmea Bovina: Fisiologia Aplicada e Problemas mais comuns (causas e tratamentos). Juiz de Fora, MG: Edição do Autor, 2010. FRANCO, V. M. Efeitos da pré-sincronização antes da primeira IATF pós-parto em vacas girolando. Uberlândia, MG, 2021. HERLIHY, M. M; GIORDANO, J. O; SOUZA, A. H; FERREIRA, R. M; KESTIN, A; NASCIMENTO, A. B; GUENTHER, J. N; GASKA, J. M; KACUBA, S. J; CROWE, M. A; MORDOMO, S. T; WILTBANK, M. C; Presynchronization with Double-Ovsynch improves fertility at first postpartum artificial insemination in lactating dairy cows. Journal of Dairy Science, v. 95, n. 12, p. 7003-7014, 2012. JÚNIOR, M.F.D; ZERVOUDAKIS, L.K.H; ZERVOUDAKIS, J.T; KOCHECK, J.F.W; FILHO, R.S.F; FREITAS, L.D. Aspectos relacionados à fisiologia do anestro pós-parto em bovinos. Colloquium Agrariae, v. 9, n.2. Mato Grosso, 2013. MABA, M.M. Revisão Bibliográfica: Bases Fisiológicas e Dados Sobre a Inseminação Artificial em Tempo Fixo (IATF). Universidade Federal de Santa Catarina - Centro de Ciências Rurais. Curitibanos, 2018. MACEDO, G.G; OLIVEIRA, M; ROCHA, C.D; Sincronização da ovulação: como amenizar ainda mais a fisiologia da reprodução para obter melhores resultados?. Revista Brasileira de Reprodução Animal. Belo Horizonte, v.39, n.1, p. 41-46, 2015. OLIVEIRA, A.P., OLIVEIRA FILHO, J.P. e MEIRA, C. Dinâmica folicular ovariana comparativa entre as espécies bovina e equina. PUBVET, Londrina, V. 4, N. 8, Ed. 113, Art. 763, 2010. PANSANI, M.A; BELTRAN, M.P. Anatomia e Fisiologia do Aparelho Reprodutor de Fêmeas Bovinas. Revista Cientifica Eletrônica de Medicina Veterinária. São Paulo, n.12, 2009. PAZ, S. Taxa de prenhez e concepção: o que é e como medir na sua propriedade. Prodap, 2021. Disponível em:. REECE, W.O; ROWE, E.W. Anatomia Funcional e Fisiologia dos Animais Domésticos. 5 ed. Rio de Janeiro: Guanabara Koogan Ltda, 2020. ROCHE, J. R; FRIGGENS, N. C; KAY, J. K; FISHER, M. W; STAFFORD, K. J; BERRY, D. P. Invited review: Body condition score and its association with dairy cow productivity, health, and welfare. Journal of Dairy Science, v.92, p.5769-5801, 2009. SANTOS, J. P. C; LEAL, S. D. C. B. S; MADEIRA, E.M; SCHWEGLER, E; PINO, F.A.B.D; BIANCHI, I; CORRÊA, M.N. Balanço Energético Negativo no Período de Periparto em Vacas de Aptidão Leiteira. NUPEEC – Núcleo de Pesquisa, Ensino e Extensão em Pecuária. Pelotas, 2009. SENAR. Inseminação Artificial: Bovinos / Serviço Nacional de Aprendizagem Rural. 3 ed. Brasília, 2011. SILVA, L. A. C. Pré-sincronização com folículo persistente em protocolos de sincronização da ovulação a base de GnRH em vacas de leite em lactação. Dissertação (Mestrado) - Curso de Ciências Veterinárias, Universidade Federal de Lavras, Lavras, 2017. Disponível em:. Acesso em: 24 de outubro de 2022. SOARES, P.H.A. Métodos de sincronização de estro e ovulação em bovinos: revisão de literatura. Conexão Ci, v.14 n.2, p. 66-72, 2019. SOUZA, V.L. Avaliação da fertilidade do rebanho bovino de Rondônia e o uso de detecção de cio e do GnRH para aumentar a eficiência de programas de IATF. Fundação Universidade Federal de Rondônia. Porto Velho, 2019. Veja informações úteis sobre a taxa de prenhez. Ideagri, 2022. Disponível em:. (shrink)

Respiratory rhythms sustain biological life, governing the homeostatic exchange of oxygen and carbon dioxide. Until recently, however, the influence of breathing on the brain has largely been overlooked. Yet new evidence demonstrates that the act of breathing exerts a substantive, rhythmic influence on perception, emotion, and cognition, largely through the direct modulation of neural oscillations. Here, we synthesize these findings to motivate a new predictive coding model of respiratory brain coupling, in which breathing rhythmically modulates both local and global neural (...) gain, to optimize cognitive and affective processing. Our model further explains how respiratory rhythms interact with the topology of the functional connectome, and we highlight key implications for the computational psychiatry of disordered respiratory and interoceptive inference. (shrink)

Joshua Greene argues that cognitive (neuro)science matters for ethics in two ways, the “direct route” and the “indirect route.” Greene illustrates the direct route with a debunking explanation of the inclination to condemn all incest. The indirect route is an updated version of Greene’s argument that dual-process moral psychology gives support for consequentialism over deontology. I consider each of Greene’s arguments, and I argue that neither succeeds. If there is a route from cognitive (neuro)science to ethics, Greene has not found (...) it. (shrink)

This essay is an analysis of the central arguments in Plato’s Crito. The dialogue shows, in a variety of ways, that the opinion of another person can have practical relevance in one’s deliberations about what to do – e.g. as an argument, as a piece of expert advice, as a threat. Especially important among these forms of practical relevance is the relevance of authoritative commands. In the dialogue, the Laws of Athens argue that Socrates must accept his sentence of death, (...) because he must regard the court’s verdict as a command from a practical authority – the city. The Laws’ arguments rely on special features of authority-reasons that many commentators have overlooked. This article explains why the Law’s arguments are unsuccessful. Finally, it is argued that Socrates’ description of ‘the many’ suggests that the city lacks the deliberative capacity necessary for possessing practical authority. (shrink)

The notion of ‘durability’ plays a central role in the discourse, policies, and practices surrounding forced displacement. Yet, for all the talk of ‘durable solutions’ to refugee situations, durability is in many ways the quality most conspicuously absent in refugees' everyday lives and living spaces. As the world has grown progressively more inured to the practice of using provisional spaces of transit as permanent sites of residence, displaced persons are increasingly finding themselves trapped in spaces marked by a kind of (...) permanent temporariness. In this article, I sketch three different ways in which living for long periods of time in temporary spaces can harm inhabitants: first, I argue that non-durability in the home can undermine cognitive function; second, that it can attenuate various forms of agency; and third, that it fails to furnish a ground on which refugees can build meaningful lives and futures for themselves. I conclude by arguing that the deprivation of durable living conditions is not only harmful, but wrongful. (shrink)

Various theorists contend that we may live in a computer simulation. David Chalmers in turn argues that the simulation hypothesis is a metaphysical hypothesis about the nature of our reality, rather than a sceptical scenario. We use recent work on consciousness to motivate new doubts about both sets of arguments. First, we argue that if either panpsychism or panqualityism is true, then the only way to live in a simulation may be as brains-in-vats, in which case it is unlikely that (...) we live in a simulation. We then argue that if panpsychism or panqualityism is true, then viable simulation hypotheses are substantially sceptical scenarios. We conclude that the nature of consciousness has wide-ranging implications for simulation arguments. (shrink)

Abstract: Recent years have witnessed a revival of interest in relativism. Proponents have defended various accounts that seek to model the truth-conditions of certain propositions along the lines of standard possible world semantics. The central challenge for such views has been to explain what advantage they have over contextualist theories with regard to the possibility of disagreement. I will press this worry against Max Kölbel’s account of faultless disagreement. My case will proceed along two distinct but connected lines. First, I (...) will argue that the sense of faultlessness made possible by his relativism conflicts with our intuitive understanding of disagreement. And second, that his meta-epistemological commitments are at odds with the socio-epistemic function of disagreement. This latter problem for relativistic accounts of truth has thus far been largely ignored in the literature. (shrink)

Encampment continues to be one of the dominant modes of responding to refugee situations. I suggest that we would do well to conceive of the wrongfulness of refugee camps not just in terms of their effects, but also in terms of their function. I endorse the view that camps currently function primarily to contain displaced persons and develop a novel conception of the wrong of encampment in terms of that function. Drawing on Heidegger's account of the spatiality proper to different (...) entities, I argue that practices of containment reduce refugees to the status of objects to be, in effect, immobilized and stored away for an indeterminate amount of time. (shrink)

In learning chemistry at the entry level, many learners labor under misconceptions about the subject matter that are so fundamental that they are typically never addressed. A fundamental misconception in chemistry appears to arise from an adding of existing phenomenal concepts to newly-acquired chemical concepts, so that beginning learners think of chemical entities as themselves having the very same ‘macro’ properties that we observe through the senses. Those who teach or practice chemistry never acquire these misconceptions because they were able (...) to naturally pick up the nature of the subject to begin with. But as a result, they remain unaware of the foundational assumptions and understanding that they operate with and that many beginning learners persistently lack. Thus, a systematic picture of the workings of chemical theory as they relate to observable phenomena needs to be elucidated so that the attention of chemical educators is drawn to the fundamental understanding of the subject that they already possess and that beginning learners of chemistry lack, so that beginning learners can be given the opportunity to gain an understanding of how chemical explanations are in general related to observable phenomena. The ‘layered’ way in which chemical and physical entities are related to each other within chemical theory can also be clarified in this way. To afford this picture, the philosophical concepts of supervenience and emergence are explained and applied to chemistry, as philosophers of chemistry have already done. The result provides a model for teaching chemistry that, if consistently applied, has the potential to greatly enhance fundamental understanding of the subject matter. (shrink)

Paul Silva has recently argued that doxastic justification does not have a basing requirement. An important part of his argument depends on the assumption that doxastic and moral permissibility have a parallel structure. I here reply to Silva's argument by challenging this assumption. I claim that moral permissibility is an agential notion, while doxastic permissibility is not. I then briefly explore the nature of these notions and briefly consider their implications for praise and blame.

The Principle of the Identity of Indiscernibles , according to which two objects are identical if they share all the same properties, has come in for much criticism. Michael Della Rocca has recently defended PII on the grounds that it is needed to forestall the possibility that where there appears to be only one object present, there is actually a multiplicity of exactly-overlapping such objects. Katherine Hawley has criticized this approach for violating a plausible “ground rule” in applying rules of (...) indiscernibility to questions of identity: where there is putative duplication, it must be qualitatively significant. Hawley further suggests that with this rule in hand, one can tell the difference between the presence of one and two indiscernible objects without recourse to either PII or brute, nonqualitative individuation. In this paper, I critically examine Hawley’s contention and find that her appeal to “qualitatively significant duplication” fails since its application to distinct indiscernibles involves a difference that is primarily quantitative anyway. The upshot is a different proposed set of “ground rules” for applying the criterion of qualitative difference when seeking a grounding or explanation for distinctness and identity. (shrink)

It is controversial whether virtual reality should be considered fictional or real. Virtual fictionalists claim that objects and events within virtual reality are merely fictional: they are imagined and do not exist. Virtual realists argue that virtual objects and events really exist. This metaphysical debate might appear important for some of the practical questions that arise regarding how to morally evaluate and legally regulate virtual reality. For instance, one advantage claimed of virtual realism is that only by taking virtual objects (...) and events to be real can we explain our strong emotional reactions to certain virtual actions, as well as their potential immorality. This paper argues that emotional reactions towards, and wrongs within, virtual reality are consistent with its being merely fictional. The emotional and ethical judgments we wish to make regarding virtual reality do not provide any grounds for preferring virtual realism. (shrink)

In her Natural Goodness, Philippa Foot argues both that a distinctive grammar of goodness applies to living things generally, and that moral goodness in human beings is a special instance of natural goodness. My goal in this chapter is to provide a sympathetic interpretation of Foots’ grammar of goodness, clarifying and expanding it in a few places, and defending it against some objections. I begin by sketching Foot’s grammar. As I understand it, that grammar includes four main notions: 1) THE (...) GOOD OF, 2) GOOD AS / GOOD IN, 3) GOOD FOR, and 4) GOODS / GOOD THINGS. I then consider the relation between GOOD FOR, on the one hand, and THE GOOD OF and GOOD AS, on the other. Is it always GOOD FOR a living thing to be GOOD AS the kind of thing it is? Could something be GOOD FOR an organism without being part of THE GOOD OF that kind of thing? I argue that GOOD FOR, GOOD AS, and THE GOOD OF are inseparable: what is GOOD FOR a living thing just is that which furthers or constitutes THE GOOD OF such a creature, and THE GOOD OF any creature is the actualization of those well-formed capacities that make it GOOD AS the kind of creature that it is. In the final part of this chapter, I consider how happiness fits into Foot’s grammar of goodness as applied to human beings, paying special attention to the idea that THE GOOD OF any living thing consists in a certain form of activity. (shrink)

Exploitation and Economic Justice in the Liberal Capitalist State offers the first new, liberal theory of economic justice to appear in more than 30 years. The theory presented is designed to offer an alternative to the most popular liberal egalitarian theories of today and aims to be acceptable to both right and left libertarians too.

Does possessing some human virtues make it impossible for a person to possess other human virtues? Isaiah Berlin and Bernard Williams both answered “yes” to this question, and they argued that to hold otherwise—to accept the harmony of the virtues—required a blinkered and unrealistic view of “what it is to be human.” In this essay, I have two goals: (1) to show how the harmony of the virtues is best interpreted, and what is at stake in affirming or denying it; (...) and (2) to provide a partial defense of the harmony of the virtues. More specifically, I show how the harmony of the virtues can be interpreted and defended within the kind of Aristotelian naturalism developed by philosophers such as Philippa Foot, Rosalind Hursthouse, and Michael Thompson. I argue that far from being an embarrassing liability for Aristotelianism—based in an “archaic metaphysical biology”—the harmony thesis is an interesting and plausible claim about human excellences, supported by a sophisticated account of the representation of life, and fully compatible with a realistic view of our human situation. (shrink)

Adam Smith is respected as the father of contemporary economics for his work on systemizing classical economics as an independent field of study in The Wealth of Nations. But he was also a significant moral philosopher of the Scottish Enlightenment, with its characteristic concern for integrating sentiments and rationality. This article considers Adam Smith as a key moral philosopher of commercial society whose critical reflection upon the particular ethical challenges posed by the new pressures and possibilities of commercial society remains (...) relevant today. The discussion has three parts. First I address the artificial separation between self-interest and morality often attributed to Smith, in which his work on economics is stripped of its ethical context. Second I outline Smith’s ethical approach to economics, focusing on his vigorous but qualified defence of commercial society for its contributions to prosperity, justice, and freedom. Third I outline Smith’s moral philosophy proper as combining a naturalistic account of moral psychology with a virtue ethics based on propriety in commercial society. (shrink)