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)

Background We investigated the personal philosophies of eight persons with a tetraplegic condition (four male, four female), all living in Sweden with a chronic spinal cord injury (SCI) and all reporting a good life. Our purpose was to discover if there is a philosophical mindset that may play a role in living a good life with a traumatic SCI. Methods Two rounds of in-depth qualitative interviews were performed by the same interviewer, a philosophical practitioner by training (de Miranda). The (...) second round systematically covered the following elements: bodily sense, sense of self, sense of belonging, sense of the possible, sense of purpose and philosophical sense. This six-step method developed by de Miranda is called SMILE_PH, an acronym for Sense-Making Interviews Looking at Elements of Philosophical Health. Results All the interviewees, as a consequence of their trauma, reported having gone through a reinvention of themselves which implied questioning the meaning and purpose of their life in particular and life in general. A philosophical rather than realistic sense of the possible was abstracted toward teleological growth. All interviewees developed a sense of purpose based on self-interested altruism and solidarity with disabled peers. Conclusions To reinvent a good life with SCI, in addition to physical training and willpower, one needs to consider philosophical questions about the self and life, what Kant called the cosmic interests of reason: What may I hope? What must I do? What can I know? Our results indicate that we should, in the future, explore what the philosophical health approach may bring to rehabilitation processes in the months or years that follow the trauma. (shrink)

In his dialogues with Claire Parnet, Deleuze asserts that: ‘Whether we are individuals or groups, we are made of lines’ (Deleuze and Parnet 2007: 124). In A Thousand Plateaus (with Guattari), Deleuze calls these kinds of ‘lifelines’ or ‘lines of flesh’: break line (or segmental line, or molar line), crack line (or molecular line) and rupture line (also called line of flight) (Deleuze and Guattari 2004a: 22). We will explain the difference between these three lines and how they are related (...) to the ‘soul’. We will also explain how a singular individual or group can arise from the play of the lines. Eventually, we will introduce the concept of ‘Creal’ to develop the Deleuzian figure of the ‘Anomal’, the so(u)rcerer. (shrink)

This paper attempts to answer the question: “what are the chances that our universe should exhibit the law-like behavior we observe?” It argues that, pace the assertions of advocates of “multiverse theories” in physics, multiverses do not resolve the Fine-Tuning Problem. It makes the case that, given the principle of indifference, we should find it surprising that our universe behaves in a law-like manner.

This paper addresses what we consider to be the most pressing challenge for the emerging science of consciousness: the measurement problem of consciousness. That is, by what methods can we determine the presence of and properties of consciousness? Most methods are currently developed through evaluation of the presence of consciousness in humans and here we argue that there are particular problems in application of these methods to nonhuman cases—what we call the indicator validity problem and the extrapolation problem. The first (...) is a problem with the application of indicators developed using the differences between conscious and unconscious processing in humans to the identification of other conscious vs. nonconscious organisms or systems. The second is a problem in extrapolating any indicators developed in humans or other organisms to artificial systems. However, while pressing ethical concerns add urgency to the attribution of consciousness and its attendant moral status to nonhuman animals and intelligent machines, we cannot wait for certainty and we advocate the use of a precautionary principle to avoid causing unintentional harm. We also intend that the considerations and limitations discussed in this paper can be used to further analyze and refine the methods of consciousness science with the hope that one day we may be able to solve the measurement problem of consciousness. (shrink)

In this essay, we discuss Simona Ginsburg and Eva Jablonka’s The Evolution of the Sensitive Soul from an interdisciplinary perspective. Constituting perhaps the longest treatise on the evolution of consciousness, Ginsburg and Jablonka unite their expertise in neuroscience and biology to develop a beautifully Darwinian account of the dawning of subjective experience. Though it would be impossible to cover all its content in a short book review, here we provide a critical evaluation of their two key ideas—the role of Unlimited (...) Associative Learning in the evolution of, and detection of, consciousness and a metaphysical claim about consciousness as a mode of being—in a manner that will hopefully overcome some of the initial resistance of potential readers to tackle a book of this length. (shrink)

The present article is a primary introduction to the semi-structured interviewing method SMILE_PH, an acronym for Sense-Making Interviews Looking at Elements of Philosophical Health. Beyond grounding this new methodology theoretically (a work that is started here but will in the future necessitate several developments), the main motivation here is pragmatic: to provide the recent philosophical health movement with a testable method and show that philosophically-oriented interviews are possible in a manner that can be reproduced, compared, tested and used systematically with (...) a population that has received no training in philosophy. The SMILE_PH approach was conceived by the author during an ethically approved pilot study focused on the philosophy of life of persons living with spinal cord injury (SCI), with the intention of rectifying the epistemic obstacles generated by rationalist, Socratic or unstructured ways of in-depth interviewing. The six-step structure of the method is also inspired by hundreds of individual dialogue sessions with philosophical counselees, led by the author between 2018 and 2022: the SMILE_PH method progressively gathers phenomenological data about 1 – our bodily sense, 2 – our sense of self, 3 – our sense of belonging, 4 – our sense of the possible, 5 – our sense of purpose and 6 – our philosophical sense. (shrink)

Scepticism about ought simpliciter is the view that there is no such thing as what one ought simpliciter to do. Instead, practical deliberation is governed by a plurality of normative standpoints, each authoritative from their own perspective but none authoritative simpliciter. This paper aims to resist such scepticism. After setting out the challenge in general terms, I argue that scepticism can be resisted by rejecting a key assumption in the sceptic’s argument. This is the assumption that standpoint-relative ought judgments bring (...) with them a commitment to act in accordance with those judgments. Instead, I propose an alternative account of our normative concepts according to which only ought simpliciter judgments commit one to acting in accordance with those judgments. In addition to answering the sceptical challenge, the proposal offers an independently motivated account of what makes a concept normatively authoritative. (shrink)

Process philosophies tend to emphasise the value of continuous creation as the core of their discourse. For Bergson, Whitehead, Deleuze, and others the real is ultimately a creative becoming. Critics have argued that there is an irreducible element of (almost religious) belief in this re-evaluation of immanent creation. While I don’t think belief is necessarily a sign of philosophical and existential weakness, in this paper I will examine the possibility for the concept of universal creation to be a political and (...) ethical axiom, the result of a global social contract rather than of a new spirituality. I argue here that a coherent way to fight against potentially totalitarian absolutes is to replace them with a virtual absolute that cannot territorialise without deterritorialising at the same time: the Creal principle. (shrink)

Birch’s criterion for the precautionary principle imposes a high evidential standard that many cases will fail to meet. Reliable, relevant anecdotal evidence suggestive of animal sentience should also fall within the scope of the precautionary principle. This would minimize potential suffering (as happened in the case of cephalopods) while further evidence is gathered.

‘Sentience’ sometimes refers to the capacity for any type of subjective experience, and sometimes to the capacity to have subjective experiences with a positive or negative valence, such as pain or pleasure. We review recent controversies regarding sentience in fish and invertebrates and consider the deep methodological challenge posed by these cases. We then present two ways of responding to the challenge. In a policy-making context, precautionary thinking can help us treat animals appropriately despite continuing uncertainty about their sentience. In (...) a scientific context, we can draw inspiration from the science of human consciousness to disentangle conscious and unconscious perception (especially vision) in animals. Developing better ways to disentangle conscious and unconscious affect is a key priority for future research. (shrink)

La presente investigación tiene como objetivo desarrollar un Método Neutrosófico para evaluar la eficacia de los enjuagues bucales en el control de la placa dental y la gingivitis. Se parte del entendimiento de que el biofilm dental, una acumulación de microorganismos sobre la superficie dentaria, puede provocar la inflamación reversible de los tejidos periodontales, dando lugar a gingivitis. Los enjuagues bucales con propiedades antimicrobianas han demostrado ser efectivos para reducir estos problemas, aunque su uso prolongado puede conducir a la resistencia (...) bacteriana. Para determinar la eficacia de los diferentes tipos de enjuagues bucales, se ha observado que los enjuagues herbales, a base de aceites y de clorhexidina son particularmente eficaces en la reducción de placa y gingivitis, presentando diferencias estadísticamente significativas en sus efectos. A pesar de que cada tipo de enjuague contiene componentes diversos, todos contribuyen al control de la placa y la gingivitis de manera complementaria. Es fundamental destacar que el uso de enjuagues bucales debe ser parte de un enfoque integral que incluya tratamientos profesionales, así como técnicas complementarias como el cepillado adecuado y el uso de hilo dental. Además, este método preventivo se refuerza con la educación sobre la higiene bucal, lo que potencia su eficacia a largo plazo. (shrink)

For ancient philosophers, philosophy was not only a theory about the big questions but also a way of life, yet it was not only a way of life but also a theory. Pierre Hadot showed the importance of philosophy as a way of life in antiquity. Moreover, he defended, as this paper demonstrates, the view that ancient philosophy was primarily a way of life and that philosophical discourse or theory played a secondary role. The paper argues against Hadot, taking the (...) paradigmatic Socratic way of life as an illustration, that theory is as crucial for philosophy as practice is. Doing spiritual exercises and living in a particular way was very important for the ancients, but so were truth and understanding reality. (shrink)

The tendency to idealise artificial intelligence as independent from human manipulators, combined with the growing ontological entanglement of humans and digital machines, has created an “anthrobotic” horizon, in which data analytics, statistics and probabilities throw our agential power into question. How can we avoid the consequences of a reified definition of intelligence as universal operation becoming imposed upon our destinies? It is here argued that the fantasised autonomy of automated intelligence presents a contradistinctive opportunity for philosophical consciousness to understand itself (...) anew as holistic and co-creative, beyond the recent “analytic” moment of the history of philosophy. Here we introduce the concept of “crealectic intelligence”, a meta-analytic and meta-dialectic aspect of consciousness. Intelligent behaviour may consist in distinguishing discrete familiar parts or reproducible functions in the midst of noise via an analytic process of segmentation; intelligence may also manifest itself in the constitution of larger wholes and dynamic unities through a dialectic process of association or assemblage. But, by contrast, crealectic intelligence co-creates realities in the image of an ideal or truth, taking into account the desiring agent imbued with a sense of possibility, in a relationship not only with the Real but also with the creative sublime or “Creal”. (shrink)

One of the primary concerns in animal research is ensuring the welfare of laboratory animals. Modern views on animal welfare emphasize the role of animal sentience, i.e. the capacity to experience subjective states such as pleasure or suffering, as a central component of welfare. The increasing official recognition of animal sentience has had large effects on laboratory animal research. The Cambridge Declaration on Consciousness (Low et al., University of Cambridge, 2012) marked an official scientific recognition of the presence of sentience (...) in mammals, birds, and cephalopods. Animal sentience has furthermore been recognized in legislation in the European Union, UK, New Zealand and parts of Australia, with discussions underway in other parts of the world to follow suit. In this paper, we analyze this shift towards recognition of sentience in the regulation and practice in the treatment of laboratory animals and its effects on animal welfare and use. (shrink)

The emerging crealectic frame posits that there are three complementary and effectual domains of intelligence, namely analytic, dialectic, and crealectic, being alternatively or complementarily used in human interactions with the world. The focus of crealectic intelligence is the relative possibilization and local realization of absolute possibility, the becoming real, biological, and social of creation. This multimodal externalization and asymptotic unification of a cosmological flux expresses itself via three realms of possibilization: physical, psychological, and philosophical. But the philosophical possible is not (...) merely abstract; it originates a generative process of exteriorizations, interiorizations, dissolutions, and unifications transforming the possible into realities. The term “crealectics,” coined by philosopher and author Luis de Miranda, is a compound of “Creal” and of two possible suffixes: “logos” or “ektos”. The ontological core of crealectics, the Creal, is the immanent process of creation understood as a ubiquitous stream of absolute possibility exteriorizing itself. For a crealectician, philosophy is not the mere logical analysis of truth conditions, but the self-questioning enterprise of thought regarding its own possibilizing and world-making power. (shrink)

Critics have often misunderstood the higher-order theory (HOT) of consciousness. Here we clarify its position on several issues, and distinguish it from other views such as the global The higher-order theory (HOT) of consciousness has often been misunderstood by critics. Here we clarify its position on several issues, and distinguish it from other views such as the global workspace theory (GWT) and early sensory models (e.g. first-order local recurrency theories). For example, HOT has been criticized for over-intellectualizing consciousness. We show (...) that while higher-order states are cognitively assembled, the requirements are actually considerably less than often presumed. In this sense HOT may be viewed as an intermediate position between GWT and early sensory views. Also, we clarify that most proponents of HOT do not stipulate consciousness as equivalent to metacognition or confidence. Further, compared to other existing theories, HOT can arguably account better for complex everyday experiences, such as of emotions and episodic memories. This makes HOT particularly useful as a framework for conceptualizing pathological mental states. (shrink)

How can libertarianism—which is thought to be hostile to any redistribution—support universal, unconditional cash transfers in the form of a Basic Income? Surprisingly, many vocal proponents of programmes similar to Basic Income—such as economist Milton Friedman, public intellectual Charles Murray, and eBay co-founder Pierre Omidiyar—are self-described libertarians. As this chapter demonstrates, these and other libertarian proponents are not deviating from libertarian thought: instead, they reflect the nuance and diversity of its theoretical foundations. To that end, this chapter explores several justifications (...) for a Basic Income grounded in libertarianism. By libertarianism, we mean a family of theories that emphasize the right of the individual to be free from coercion, a strong respect for private property rights and the free market, and a presumption that market distributions are just and should be disturbed only in limited circumstances. We argue that each variant of libertarianism justifies, but does not mandate, redistribution, although for differing reasons and at different levels. Because this conclusion runs counter to most readers’ impressions of libertarianism, this chapter focuses on making the libertarian case for redistribution. We further show that once one accepts the case for redistribution, providing such redistribution through unrestricted, unconditional cash transfers best reflects core libertarian principles. (shrink)

The performance of natural behavior is commonly used as a criterion in the determination of animal welfare. This is still true, despite many authors having demonstrated that it is not a necessary component of welfare –some natural behaviors may decrease welfare, while some unnatural behaviors increase it. Here I analyze why this idea persists, and what effects it may have. I argue that the disagreement underlying this debate on natural behavior is not one about which conditions affect welfare, but a (...) deeper conceptual disagreement about what the state of welfare actually consists of. Those advocating natural behavior typically take a “teleological” view of welfare, in which naturalness is fundamental to welfare, while opponents to the criterion usually take a “subjective” welfare concept, in which welfare consists of the subjective experience of life by the animal. I argue that as natural functioning is neither necessary nor sufficient for understanding welfare, we should move away from the natural behavior criterion to an alternative such as behavioral preferences or enjoyment. This will have effects in the way we understand and measure welfare, and particularly in how we provide for the welfare of animals in a captive setting. (shrink)

Animal welfare is a concept that plays a role within both our moral deliberations and the relevant areas of science. The study of animal welfare has impacts on decisions made by legislators, producers and consumers with regards to housing and treatment of animals. Our ethical deliberations in these domains need to consider our impact on animals, and the study of animal welfare provides the information that allows us to make informed decisions. This thesis focusses on taking a philosophical perspective to (...) answer the question of how we can measure the welfare of animals. Animal welfare science is an applied area of biology, aimed at measuring animal welfare. Although philosophy of animal ethics is common, philosophy focussing on animal welfare science is rare. Despite this lack, there are definitely many ways in which philosophical methods can be used to analyse the methodologies and concepts used in this science. One of the aims of the work in this thesis is to remedy this lack of attention in animal welfare. Animal welfare science is a strong emerging discipline, but there is the need for conceptual and methodological clarity and sophistication in this science if it is to play the relevant informative role for our practical and ethical decision-making. There is thus is a strong role here for philosophical analysis for this purpose. The central aim of this thesis is to provide an account of how we can measure subjective animal welfare, addressing some of the potential problems that may arise in this particular scientific endeavour. The two questions I will be answering are: what is animal welfare, and how do we measure it? Part One of the thesis looks at the subjective concept of animal welfare and its applications. In it, I argue for a subjective welfare view - that animal welfare should be understood as the subjective experience of individuals over their lifetimes - and look at how the subjective welfare concept informs our ethical decision-making in two different cases in applied animal ethics. Part Two of the thesis looks more closely at the scientific role of welfare. Understanding welfare subjectively creates unique measurement problems, due to the necessarily private nature of mental states and here I address a few of these problems, including whether subjective experience is measurable, how we might validate indicators of hidden target variables such as welfare, how we can make welfare comparisons between individual animals and how we might compare or integrate the different types of experience that make up welfare. I end with a discussion of the implications of all these problems and solutions for the practice of welfare science, and indicate useful future directions for research. (shrink)

We study whether it is possible to generalise Seidenfeld et al.’s representation result for coherent choice functions in terms of sets of probability/utility pairs when we let go of Archimedeanity. We show that the convexity property is necessary but not sufficient for a choice function to be an infimum of a class of lexicographic ones. For the special case of two-dimensional option spaces, we determine the necessary and sufficient conditions by weakening the Archimedean axiom.

Kant’s discussion of the highest good is subject to continuous disagreement between the proponents of two interpretations of this concept. According to the secular interpretation, Kant conceived of the highest good as a political ideal which can be realized through human agency alone, albeit only from the Critique of the Power of Judgement onwards. By way of contrast, proponents of the theological interpretation find Kant’s treatment of the highest good in his later works to be wholly coherent with the discussions (...) of this concept found in the second Critique. In their view, however, Kant never conceived of the highest good as a political ideal, and some go as far as to argue that it is the work of God alone. In this article, I defend a theologico-political account of the highest good that avoids the pitfalls of both readings. (shrink)

The size of animal exhibits has important effects on their lives and welfare. However, most references to exhibit size only consider floor space and height dimensions, without considering the space afforded by usable features within the exhibit. In this paper, we develop two possible methods for measuring the usable space of zoo exhibits and apply these to a sample exhibit. Having a metric for usable space in place will provide a better reflection of the quality of different exhibits, and enhance (...) comparisons between exhibits. (shrink)

Pierre Duhem’s philosophy of science has influenced many philosophers in the twentieth century, and even today. Many of the subjects he addressed are still highly discussed today, especially the distinction between science and metaphysics. My aim in this paper will be to motivate a naturalistic approach where the difference between physics and metaphysics is only a matter of degree. I focus on whether it would be possible to articulate this gradual distinction from a duhemian point of view. Although Duhem thought (...) that metaphysics is an entirely different and more excellent activity than physics, I believe that Duhem’s philosophy of science also supports a naturalistic distinction in terms of degrees. I offer three reasons to justify this conclusion: Duhem’s notion of common sense; Duhem’s holism and his views on the generality of our theories, and Duhem’s notion of natural classification. At the end of the paper I will argue that a naturalistic approach accomplishes must of what Duhem wanted to achieve with his distinction. (shrink)

The keeping of captive animals in zoos and aquariums has long been controversial. Many take freedom to be a crucial part of animal welfare and, on these grounds, criticise all forms of animal captivity as harmful to animal welfare, regardless of their provisions. Here, we analyse what it might mean for freedom to matter to welfare, distinguishing between the role of freedom as an intrinsic good, valued for its own sake and an instrumental good, its value arising from the increased (...) ability to provide other important resources. Too often, this debate is conducted through trading intuitions about what matters for animals. We argue for the need for the collection of comparative welfare data about wild and captive animals in order to settle the issue. Discovering more about the links between freedom and animal welfare will then allow for more empirically informed ethical decisions regarding captive animals. (shrink)

One of the biggest problems in applications of animal welfare science is our ability to make comparisons between different individuals, particularly different species. Although welfare science provides methods for measuring the welfare of individual animals, there’s no established method for comparing measures between individuals. This problem occurs because of the underdetermination of the conclusions given the data, arising from two sources of variation that we cannot distinguish – variation in the underlying target variable (welfare experience) and in the relationship of (...) measured indicators to the target. In this paper I describe the similarity assumptions that underlie our current applications of interspecies comparisons and examine in which cases they are justified, as well as describing alternative methods we may use when they are not. In the end, all our available options for making interspecies comparisons are imperfect, and we need to make explicit context-specific decisions about which will be best for the task at hand while acknowledging their potential limitations. Future developments in our understanding of the biology of sentience will help strengthen our methods of making welfare comparisons. (shrink)

The COVID-19 pandemic has created a unique set of challenges for national governments regarding how to deal with a major international pandemic of almost unprecedented scope. As the pandemic consti...

Vous éprouvez souvent l'embarras du choix? Que sera la liberté au XXIe siècle? Depuis l'invention des machines et des computeurs, notre quotidien semble avoir gagné du temps. Mais en contrepartie, il paraît de plus en plus codé, soumis aux automatismes. Depuis Leibniz jusqu'à la puce biométrique, l'auteur raconte une histoire alternative de l'ère informatique. Il démontre que le " numérisme ", le principe ordinateur, est une vertu humaine ancestrale et nécessaire. Mais insuffisante. Après le sauve-qui-peut du postmodernisme, un nouveau paradigme (...) est en train de naître, le " créalisme " : le monde est notre création commune incessante. L'horizon de notre liberté politique et existentielle, c'est la Terre comme oeuvre d'art. Construit comme une odyssée philosophique curieuse et empreinte d'humour, voici un traité de cocréativité pour une époque aux forces actives éclatées. Où l'on découvre que l'ordre et l'aventure ne sont pas incompatibles. (shrink)

Metaethical expressivism is typically characterised as the view that normative statements express desire-like attitudes instead of beliefs. However, in this paper I argue that expressivists should claim that normative statements express beliefs in normative propositions, and not merely in some deflationary sense but in a theoretically robust sense explicated by a theory of propositional attitudes. I first argue that this can be achieved by combining an interpretationist understanding of belief with a nonfactualist view of normative belief content. This results in (...) a view I call ‘interpretative expressivism’. I then argue that traditional arguments employed by expressivists that normative statements express noncognitive attitudes can just as well support the claim that normative statements express nonfactual or nonrepresentational beliefs. Finally, I argue that this view has a number of advantages to versions of expressivism that deny that normative statements express non-deflationary normative beliefs. (shrink)

Decision theory and folk psychology both purport to represent the same phenomena: our belief-like and desire- and preference-like states. They also purport to do the same work with these representations: explain and predict our actions. But they do so with different sets of concepts. There's much at stake in whether one of these two sets of concepts can be accounted for with the other. Without such an account, we'd have two competing representations and systems of prediction and explanation, a dubious (...) dualism. Folk psychology structures our daily lives and has proven fruitful in the study of mind and ethics, while decision theory is pervasive in various disciplines, including the quantitative social sciences, especially economics, and philosophy. My interest is in accounting for folk psychology with decision theory -- in particular, for believe and wanting, which decision theory omits. Many have attempted this task for belief. (The Lockean Thesis says that there is such an account.) I take up the parallel task for wanting, which has received far less attention. I propose necessary and sufficient conditions, stated in terms of decision theory, for when you're truly said to want; I give an analogue of the Lockean Thesis for wanting. My account is an alternative to orthodox accounts that link wanting to preference (e.g. Stalnaker (1984), Lewis (1986)), which I argue are false. I argue further that want ascriptions are context-sensitive. My account explains this context-sensitivity, makes sense of conflicting desires, and accommodates phenomena that motivate traditional theses on which 'want' has multiple senses (e.g. all-things-considered vs. pro tanto). (shrink)

Conceptual analysis has been a traditional methodology within analytic philosophy, but it also has been the target of numerous attacks. On the other hand, explication has been undergoing a revival as a methodological alternative due to the revisionary element associated with it. This allows for a scientific reconstruction of our ordinary notions, which would share virtues associated with scientific concepts. However, there is now a popular variant of conceptual analysis which resembles closely the explicative methodology: the two-step methodology advanced by (...) the advocates of the Canberra Plan. Although explication is a wider and more ambitious program, I will argue that both methodologies can be regarded as attempts to bring philosophical methodology and its products closer to scientific ones. However, I will also point out that, although the goal is advantageous, there still remain some theoretical problems. (shrink)

De-extinction is the process through which extinct species can be brought back into existence. Although these projects have the potential to cause great harm to animal welfare, discussion on issues surrounding de-extinction have focussed primarily on other issues. In this paper, I examine the potential types of welfare harm that can arise through de-extinction programs, including problems with cloning, captive rearing and re-introduction. I argue that welfare harm should be an important consideration when making decisions on de-extinction projects. Though most (...) of the proposed benefits of these projects are insufficient to outweigh the current potential welfare harm, these problems may be overcome with further development of the technology and careful selection of appropriate species as de-extinction candidates. (shrink)

The letter and the neon -- Augustus Rex -- Sublimism -- The incalculable -- The halo -- The new grail -- The mint and the muses -- Neon in space.

According to the Desiderative Lockean Thesis, there are necessary and sufficient conditions, stated in the terms of decision theory, for when one is truly said to want. What one is truly said to want, it turns out, varies remarkably by context—and to an underappreciated degree. To explain this context-sensitivity, and closure properties of wanting, I advance a Desiderative Lockean view that is distinctive in having two context-sensitive parameters.

Katz (2022) provides a range of arguments drawn from the environmental philosophy literature to criticize the conceptualisation and practice of de-extinction. The discussion is almost completely de...

How do reasons combine? How is it that several reasons taken together can have a combined weight which exceeds the weight of any one alone? I propose an answer in mereological terms: reasons combine by composing a further, complex reason of which they are parts. Their combined weight is the weight of their combination. I develop a mereological framework, and use this to investigate some structural views about reasons, the main two being "Atomism" and "Holism". Atomism is the view that (...) atomic reasons are fundamental: all reasons reduce to atomic reasons. Holism is the view that whole reasons are fundamental. I argue for Holism, and against Atomism. I also consider whether reasons might be "context-sensitive". (shrink)

It is fundamental that, in philosophy, we make sure that we are not mistaking merely verbal disputes, or “conceptual” disputes, for substantive ones. This essay presents a tripartite framework that is useful for clarifying cases where it is difficult to tell whether we are engaged in substantive or non-substantive disputes. For this purpose, the essay offers some combinatorial possibilities between the following levels: verbal, conceptual, and objectual. We need to distinguish whether we are arguing about the world, concepts, or words (...) to avoid talking at cross-purposes and to recognize when our disputes are not worth the time. Distinguishing between these three levels can also throw light and guide research on conceptual engineering, metalinguistic negotiations, metaontology, and so on. (shrink)

The conditions of transport and slaughter at the end of their lives are a major challenge to the welfare of agricultural animals. • End-of-life experiences should be of a greater ethical concern than others of similar intensity and duration, due to their position in the animal’s life. • End-of-life welfare can have both internal importance to the animals and external ethical importance to human decision-makers. • We should pay extra care to ensure that the conditions during transport and slaughter are (...) as positive as possible. (shrink)

« Ce petit livre est un bijou d’intelligence, de finesse, de culture, qui prend un objet technique sans rechigner et le tourne et le retourne comme Heidegger nous avait appris à le faire avec les chaussures de Van Gogh. Ce qui frappe, c’est l’ambition d’une méditation sur les cartes de la modernité contemporaine, sur le fameux Grand Paris, sur le sujet, sur le pluriel, sans les faux-fuyants du postmoderne, de la citation absurde. Luis de Miranda se promène, il vous (...) conte qu’il se promène, mais il vous mène avec une grande maîtrise et sait où il veut aller. Rien de gratuit dans cette rencontre de l’enseigne de kebabs sur la table de dissection de la Ville Néon. C’est plutôt une nouvelle méditation cartésienne après Descartes et Husserl : où le poêle et sa chaleur ont fait place au bruit vrillant du gaz dans un tube. Je suis, je crée, donc j’entends. » Yann Moulier-Boutang, ancien élève de l’ENS, professeur agrégé d’économie à l’université de technologie de Compiègne, directeur de la revue Multitudes. Né d’une rencontre inopinée avec un néon sur le quai du Louvre, ce livre a été composé à partir d’un séminaire donné par l’auteur à l’hiver 2012. Un voyage inspiré à travers la nuit, qui déchiffre les halos du passé et les reflets du présent pour donner à entendre une certaine magie du futur. Luis de Miranda, philosophe, romancier, révélateur du créalisme, est notamment l’auteur d’un essai remarqué, L’art d’être libres au temps des automates (Max Milo, 2010). (shrink)

One popular approach to theorizing about phenomenal consciousness has been to connect it to representations of a certain kind. Representational theories of consciousness can be further sub-divided into first-order and higher-order theories. Higher-order theories are often interpreted as invoking a special relation between the first-order state and the higher-order state. However there is another way to interpret higher-order theories that rejects this relational requirement. On this alternative view phenomenal consciousness consists in having suitable higher-order representations. I call this ‘HOROR’ (‘Higher-Order (...) Representation Of a Representation’) theory to distinguish it from relational versions of higher- order theory. In this paper I make the case that HOROR theory is a plausible account of the real nature of phenomenal consciousness whatever one’s views are about whether it is physical/reducible or not. I first clarify HOROR theory and compare it to the more traditional same-order and higher-order thought theories. Afterwards I move to presenting some considerations in favor of HOROR theory. (shrink)

You want to see the concert, but don’t want to take a long drive (even though the concert is far away). Such *strongly conflicting desire ascriptions* are, I show, wrongly predicted incompatible by standard semantics. I then object to possible solutions, and give my own, based on *some-things-considered desire*. Considering the fun of the concert, but ignoring the drive, you want to see the concert; considering the boredom of the drive, but ignoring the concert, you don’t want to take the (...) drive. (shrink)

If citizens are to make enlightened collective decisions, they need to rely on true factual beliefs, but misinformation impairs their ability to do so. Although some cases of misinformation are deliberate and amount to propaganda, cases of inadvertent misinformation are just as problematic in affecting the beliefs and behavior of democratic citizens. A review of empirical evidence suggests that this is a serious problem that cannot entirely be corrected by means of deliberation.

Mikhalevich & Powell (2020) argue that it is wrong, both scientifically and morally, to dismiss the evidence for sentience in invertebrates. They do not offer any examples, however, of how their welfare should be considered or improved. We draw on animal welfare science to suggest some ways that would not be excessively demanding.

In recent years, campaigns across the globe have called for the removal of objects symbolic of white supremacy. This paper examines the ethics of altering or removing such objects. Do these strategies sanitize history, destroy heritage and suppress freedom of speech? Or are they important steps towards justice? Does removing monuments and renaming schools reflect a lack of parity and unfairly erase local identities? Or can it sometimes be morally required, as an expression of respect for the memories of people (...) who endured past injustices; a recognition of this history's ongoing legacies; and a repudiation of unjust social hierarchies? (shrink)

The practice of ‘management euthanasia’, in which zoos kill otherwise healthy surplus animals, is a controversial one. The debate over the permissibility of the practice tends to divide along two different views in animal ethics—animal rights and animal welfare. Traditionally, those arguments against the practice have come from the animal rights camp, who see it as a violation of the rights of the animal involved. Arguments in favour come from the animal welfare perspective, who argue that as the animal does (...) not suffer, there is no harm in the practice and it is justified by its potential benefits. Here, I argue that an expansion of the welfare view, encompassing longevity and opportunities for positive welfare, give stronger considerations against management euthanasia, which then require greater benefits to justify its use. (shrink)

Algorithms wield increasing control over our lives—over the jobs we get, the loans we're granted, the information we see online. Algorithms can and often do wield their power in a biased way, and much work has been devoted to algorithmic bias. In contrast, algorithmic neutrality has been largely neglected. I investigate algorithmic neutrality, tackling three questions: What is algorithmic neutrality? Is it possible? And when we have it in mind, what can we learn about algorithmic bias?