I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...) criminally responsible for the foreseeable crimes of their coconspirators committed in furtherance of the conspiracy. It has two big problems: (1) Doctrinally, it breaks the logic of the many state criminal codes that are based on the Model Penal Code. (2) Ethically, it infringes the culpability constraint on the criminal law by imposing excessive punishments on defendants who did not even consciously suspect that their coconspirators would commit additional crimes that were not the object of the conspiracy. These problems are most acute in Texas, where Pinkerton can be combined with capital murder charges to produce automatic life without parole sentences. The Texas example is an extreme illustration of the problem of unintended consequences when state legislators tinker with the carefully drafted, interlocking provisions of a model code. The new statute I propose would put the penal code back in order and respect the culpability constraint. In the latter aspect, it is informed by leading work in philosophical ethics on blameworthiness and culpability. (shrink)

We explicate and evaluate arguments both for and against the insanity defense itself, different versions of the insanity defense (M'Naghten, Model Penal Code, and Durham (or Product)), the Irresistible Impulse rule, and various reform proposals.

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

It is common for philosophers to argue that psychopaths are not morally responsible because they lack some of the essential capacities for morality. In legal terms, they are criminally insane. Typically, however, the insanity defense is not available to psychopaths. The primary reason is that they appear to have the knowledge and understanding required under the M’Naghten Rules. However, it has been argued that what is required for moral and legal responsibility is ‘deep’ moral understanding, something that psychopaths do not (...) have either due to their lacking empathy or practical reason. In the first part of the paper, I argue that psychopaths do not lack the abilities required for deep moral understanding, although they have deficits in those areas. According the M’Naghten Rules, therefore, psychopaths are not insane. Under a less strict formulation of the insanity plea, like the Model Penal Code, however, there is a good case to be made for their lacking substantial capacity. I argue that because psychopathy is an essentially moral disorder, and because of the nature of psychopathic violence, psychopaths should not be excused under the insanity plea. It would be tantamount to excusing someone for committing a crime because they are bad. Arguably, this contravenes the entire system of law. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

According to the predictive coding theory of cognition , brains are predictive machines that use perception and action to minimize prediction error, i.e. the discrepancy between bottom–up, externally-generated sensory signals and top–down, internally-generated sensory predictions. Many consider PCT to have an explanatory scope that is unparalleled in contemporary cognitive science and see in it a framework that could potentially provide us with a unified account of cognition. It is also commonly assumed that PCT is a representational theory of sorts, in (...) the sense that it postulates that our cognitive contact with the world is mediated by internal representations. However, the exact sense in which PCT is representational remains unclear; neither is it clear that it deserves such status—that is, whether it really invokes structures that are truly and nontrivially representational in nature. In the present article, I argue that the representational pretensions of PCT are completely justified. This is because the theory postulates cognitive structures—namely action-guiding, detachable, structural models that afford representational error detection—that play genuinely representational functions within the cognitive system. (shrink)

Background Professional communities such as the medical community are acutely concerned with negligence: the category of misconduct where a professional does not live up to the standards expected of a professional of similar qualifications. Since science is currently strengthening its structures of self-regulation in parallel to the professions, this raises the question to what extent the scientific community is concerned with negligence, and if not, whether it should be. By means of comparative analysis of medical and scientific codes of conduct, (...) we aim to highlight the role of negligence provisions in codes of conduct for scientists, and to discuss the normative consequences for future codes of conduct. -/- Methods We collected scientific and medical codes of conduct in a selection of OECD countries, and submitted each code of conduct to comparative textual analysis. -/- Results Negligence is invariably listed as an infraction of the norms of integrity in medical codes of conduct, but only rarely so in the scientific codes. When the latter list negligence, they typically do not provide any detail on the meaning of ‘negligence’. -/- Discussion Unlike codes of conduct for professionals, current codes of conduct for scientists are largely silent on the issue of negligence, or explicitly exclude negligence as a type of misconduct. In the few cases where negligence is stipulated to constitute misconduct, no responsibilities are identified that would help prevent negligence. While we caution against unreasonable negligence provisions as well as disproportionate sanctioning systems, we do argue that negligence provisions are crucial for justified trust in the scientific community, and hence that there is a very strong rationale for including negligence provisions in codes of conduct. (shrink)

Igal Kvart A Coding Conception in Action-Directed-Pragmatics -/- I present formal Pragmatics for a domain in Pragmatics that I call Action-Directed Pragmatics, which focuses on the Pragmatic riddle of how implicit contents are conveyed and understood, by adopting a coding model, in which the speaker and addressee simulate each other iteratively in a deliberative context (an ‘action-pregnant’ one). The implicit content, conveyed by a speaker and decoded by her addressee, in such cases, consists in the specified steered-to action, plus (...) modulations on the action-polarity (pro or con) and the degree of the so-called Steering Thrust that accompanies such assertions and is conveyed by verbal locutions, intonation, and/or bodily and facial gestures. There are two main tasks to model (in a given setup and conversational context): First, how is the speaker, with a steered-to action in mind (and Steering Thrust), to select an assertion so as to (say) optimize the successful transmission and decoding of its implicit pragmatic content by her and her addressee? Second, how does the addressee, given an assertion by the speaker, decipher the implicit pragmatic content conveyed via it? Both will invoke pertinent information they have about each other and the setup/context in order to best encode and best decode the implicit pragmatic content. (This coding mechanism proposed here is not offered for the ubiquitous ‘frozen’, ‘trivial’ or ‘routinized’ pragmatic messages.) A prelude to this formal Pragmatics is a general formal Pragmatic account of Assertibility in contexts that are multi-normative (which is the common case). I focus here only on Epistemic/Semantic and Instrumental Norms. A linear representation of degrees of Overall Assertibility (i.e., taking into account various operative norms) will be an n-dimensional qualitative vector space with a function that computes them given different degrees of sub-normative Assertibility on each axis. (shrink)

This article considers distinct ways of understanding the world, referred to in psychology as Functions of Consciousness or as Cognitive Modes, having as the scope of interest epistemology and natural sciences. Inspired by C.G. Jung's Simile of the Spectrum, we consider three basic cognitive modes associated to: (R) embodied instinct, experience, and action; (G) reality perception and learning; and (B) concept abstraction, rational thinking, and language. RGB stand for the primary colors: red, green, and blue. Accordingly, a conceptual map between (...) cognitive modes and primary and secondary colors is built based on the physics and physiology of color perception and epistemological characteristics of the aforementioned cognitive modes, leading to logical relations structured as an Hexagon of Opposition. Finally, this model of cognitive modes is applied to the analysis and interpretation of some important episodes in the historical development of physics and technology. (shrink)

This article compares three models for conceptualizing the political and ethical challenges of contemporary genetics, genomics, and postgenomics. The three analytical approaches are referred to as the state-politics model, the biopolitical model, and the infopolitical model. Each of these models is valuable for different purposes. But comparing these models in terms of their influence in contemporary discussions, the first is by far the dominant approach, the second is gaining in importance, and the third is almost entirely neglected. (...) The widespread neglect of the infopolitical dimensions of genetic sciences focused by the third model is puzzling in light of the fact that genetics, genomics, and postgenomics are all pre-eminent information sciences. The infopolitical model thus aims to bring into clearer view the specific political and ethical problems engendered by this informational nature of the genetic sciences. This model offers a way of understanding how ethically-salient and politically-fraught conceptual assumptions can be embedded in informational architectures such as algorithms and the formats (or data structures) upon which they rely. (shrink)

This article considers distinct ways of understanding the world, referred to in psychology as functions of consciousness or as cognitive modes, having as the scope of interest epistemology and natural sciences. Inspired by C.G. Jung’s simile of the spectrum, we consider three basic cognitive modes associated to: (R) embodied instinct, experience, and action; (G) reality perception and learning; and (B) concept abstraction, rational thinking, and language. RGB stand for the primary colors: red, green, and blue. Accordingly, a conceptual map between (...) cognitive modes and primary and secondary colors is built based on the physics and physiology of color perception and epistemological characteristics of the aforementioned cognitive modes, leading to logical relations structured as an hexagon of opposition. Finally, this model of cognitive modes is applied to the analysis and interpretation of some important episodes in the historical development of physics and technology. (shrink)

The main aim of Lupyan’s paper is to claim that perception is cognitively penetrated and that this is consistent with the idea of perception as predictive coding. In these remarks I will focus on what Lupyan says about whether perception is cognitively penetrated, and set aside his remarks about epistemology. I have argued (2012) that perception can be cognitively penetrated and so I am sympathetic to Lupyan’s overall aim of showing that perception is cognitively penetrable. However, I will be critical (...) of some of Lupyan’s reasoning in arguing for this position. I will also call for clarification of that reasoning. First, I will discuss what is meant by cognitive penetration and, in light of this, the sort of evidence that can be used to establish its existence. Second, I will question whether Lupyan establishes that all cases of cross-modal effects are cases of cognitive penetration. In doing so, I will suggest a form of cognitive penetration that has heretofore not been posited, and give an example of how one might test for its existence. Third, I will question whether Lupyan puts forward convincing evidence that categorical knowledge and language affect perception in a way that conclusively shows that cognitive penetration occurs. Fourth, I will closely examine Lupyan’s reply to the argument against cognitive penetration from illusion. I show that his reply is not adequate and that he misses a more straightforward reply that one could give. Fifth, I briefly concur with the remarks that Lupyan makes about the role of attention with respect to cognitive penetration. And finally, sixth, I spell out exactly what I think the relationship is between the thesis that predictive coding is the correct model of perception and the thesis that there is cognitive penetration. (shrink)

Hohwy et al.’s (2008) model of binocular rivalry (BR) is taken as a classic illustration of predictive coding’s explanatory power. I revisit the account and show that it cannot explain the role of reward in BR. I then consider a more recent version of Bayesian model averaging, which recasts the role of reward in (BR) in terms of optimism bias. If we accept this account, however, then we must reconsider our conception of perception. On this latter view, I (...) argue, organisms engage in what amounts to policy-driven, motivated perception. (shrink)

Consciousness is known to be limited in processing capacity and often described in terms of a unique processing stream across a single dimension: time. In this paper, we discuss a purely temporal pattern code, functionally decoupled from spatial signals, for conscious state generation in the brain. Arguments in favour of such a code include Dehaene et al.'s long-distance reverberation postulate, Ramachandran's remapping hypothesis, evidence for a temporal coherence index and coincidence detectors, and Grossberg's Adaptive Resonance Theory. A time-bin (...) resonance model is developed, where temporal signatures of conscious states are generated on the basis of signal reverberation across large distances in highly plastic neural circuits. The temporal signatures are delivered by neural activity patterns which, beyond a certain statistical threshold, activate, maintain, and terminate a conscious brain state like a bar code would activate, maintain, or inactivate the electronic locks of a safe. Such temporal resonance would reflect a higher level of neural processing, independent from sensorial or perceptual brain mechanisms. (shrink)

A model of face representation, inspired by the biology of the visual system, is compared to experimental data on the perception of facial similarity. The face representation model uses aggregate primary visual cortex (V1) cell responses topographically linked to a grid covering the face, allowing comparison of shape and texture at corresponding points in two facial images. When a set of relatively similar faces was used as stimuli, this Linked Aggregate Code (LAC) predicted human performance in similarity (...) judgment experiments. When faces of perceivable categories were used, dimensions such as apparent sex and race emerged from the LAC model without training. The dimensional structure of the LAC similarity measure for the mixed category task displayed some psychologically plausible features but also highlighted differences between the model and the human similarity judgements. The human judgements exhibited a racial perceptual bias that was not shared by the LAC model. The results suggest that the LAC based similarity measure may offer a fertile starting point for further modelling studies of face representation in higher visual areas, including studies of the development of biases in face perception. (shrink)

Consciousness is known to be limited in processing capacity and often described in terms of a unique processing stream across a single dimension: time. In this paper, we discuss a purely temporal pattern code, functionally decoupled from spatial signals, for conscious state generation in the brain. Arguments in favour of such a code include Dehaene et al.’s long-distance reverberation postulate, Ramachandran’s remapping hypothesis, evidence for a temporal coherence index and coincidence detectors, and Grossberg’s Adaptive Resonance Theory. A time-bin (...) resonance model is developed, where temporal signatures of conscious states are generated on the basis of signal reverberation across large distances in highly plastic neural circuits. The temporal signatures are delivered by neural activity patterns which, beyond a certain statistical threshold, activate, maintain, and terminate a conscious brain state like a bar code would activate, maintain, or inactivate the electronic locks of a safe. Such temporal resonance would reflect a higher level of neural processing, one that is independent from sensorial or perceptual brain mechanisms. (shrink)

This paper concerns how extant theorists of predictive coding conceptualize and explain possible instances of cognitive penetration. §I offers brief clarification of the predictive coding framework and relevant mechanisms, and a brief characterization of cognitive penetration and some challenges that come with defining it. §II develops more precise ways that the predictive coding framework can explain, and of course thereby allow for, genuine top-down causal effects on perceptual experience, of the kind discussed in the context of cognitive penetration. §III develops (...) these insights further with an eye towards tracking one extant criterion for cognitive penetration, namely, that the relevant cognitive effects on perception must be sufficiently direct. Throughout these discussions, we extend the analyses of the predictive coding models, as we know them. So one open question that surfaces is how much of the extended analyses are genuinely just part of the predictive coding models, or something that must be added to them in order to generate these additional explanatory benefits. In §IV, we analyze and criticize a claim made by some theorists of predictive coding, namely, that (interesting) instances of cognitive penetration tend to occur in perceptual circumstances involving substantial noise or uncertainty. It is here that our analysis is most critical. We argue that, when applied, the claim fails to explain (or perhaps even be consistent with) a large range of important and uncontroversially interesting possible cases of cognitive penetration. We conclude with a general speculation about how the recent work on the predictive mind may influence the current dialectic concerning top-down effects on perception. (shrink)

Together, the code and inferential models of communication are often thought to range over all cases of communication. However, their prevailing versions seem unable to fully explain what I call underdeterminacy without ostension. The latter is constituted by communication where stimuli that are not (nor appear to be) produced with communicative or informative intentions nevertheless communicate information underdetermined by the relevant codes. Though the prevailing accounts of communication cannot fully explain how communication works in such cases, I suggest that (...) some version of the inferential model can—if we allow it to extend to non‐ostensive, non‐intentional behaviors. (shrink)

Are idioms stored in memory in ways that preserve their surface form or language or are they represented amodally? We examined this question using an inci- dental cued recall paradigm in which two word idiomatic expressions were presented to adult bilinguals proficient in Russian and English. Stimuli included phrases with idiomat- ic equivalents in both languages (e.g. “empty words/пycтыe cлoвa”) or in one language only (English—e.g. “empty suit/пycтoй кocтюм” or Russian—e.g. “empty sound/пycтoй звyк”), or in neither language (e.g. “empty rain/пycтoй (...) дoждь”). If idioms are stored in a language-specific format, then phrases with idiomatic equivalents in both languages would have dual representation, and should therefore be more easily recalled than phrases with idiomatic meaning in only one language. This result was obtained. As such, the findings support the dual-coding theory of memory and are also compatible with models of the bilingual lexicon that include language tags or nodes. (shrink)

This paper is aimed at combining the advances in argumentation theory with the models used in the field of education to address the issue of improving students’ argumentative behavior by interacting with an expert. The concept of deeper or more sophisticated argumentative strategy is theoretically defined and used to advance two new coding schemes, based on the advances in the argumentation studies and aimed at capturing the dialectical, or structural, behavior, and the argumentative content of each dialogue unit. These coding (...) schemes are then applied for a qualitative analysis of a study designed to investigate how students’ argumentative behavior can be influenced by the interaction with an expert, who used specific types of attacks to the interlocutors’ positions. The twofold coding shows at which dialogical level expert–peer interactions can directly and more stably affect students’ argumentative behavior, and what effects such more sophisticated strategies can have on the discussion and the analysis of disagreements. In particular, this paper shows how a specific type of deep-level attack, the underminer, can open dialogues of a different level, focused on unveiling and debating background beliefs underlying a specific position. (shrink)

The Emergic Cognitive Model (ECM) is a unified computational model of visual filling-in based on the Emergic Network architecture. The Emergic Network was designed to help realize systems undergoing continuous change. In this thesis, eight different filling-in phenomena are demonstrated under a regime of continuous eye movement (and under static eye conditions as well). -/- ECM indirectly demonstrates the power of unification inherent with Emergic Networks when cognition is decomposed according to finer-grained functions supporting change. These can interact (...) to raise additional emergent behaviours via cognitive re-use, hence the Emergic prefix throughout. Nevertheless, the model is robust and parameter free. Differential re-use occurs in the nature of model interaction with a particular testing paradigm. -/- ECM has a novel decomposition due to the requirements of handling motion and of supporting unified modelling via finer functional grains. The breadth of phenomenal behaviour covered is largely to lend credence to our novel decomposition. -/- The Emergic Network architecture is a hybrid between classical connectionism and classical computationalism that facilitates the construction of unified cognitive models. It helps cutting up of functionalism into finer-grains distributed over space (by harnessing massive recurrence) and over time (by harnessing continuous change), yet simplifies by using standard computer code to focus on the interaction of information flows. Thus while the structure of the network looks neurocentric, the dynamics are best understood in flowcentric terms. Surprisingly, dynamic system analysis (as usually understood) is not involved. An Emergic Network is engineered much like straightforward software or hardware systems that deal with continuously varying inputs. Ultimately, this thesis addresses the problem of reduction and induction over complex systems, and the Emergic Network architecture is merely a tool to assist in this epistemic endeavour. -/- ECM is strictly a sensory model and apart from perception, yet it is informed by phenomenology. It addresses the attribution problem of how much of a phenomenon is best explained at a sensory level of analysis, rather than at a perceptual one. As the causal information flows are stable under eye movement, we hypothesize that they are the locus of consciousness, howsoever it is ultimately realized. (shrink)

The potential for Large Language Models (LLMs) to attain technological singularity—the point at which artificial intelligence (AI) surpasses human intellect and autonomously improves itself—is a critical concern in AI research. This paper explores the feasibility of current LLMs achieving singularity by examining the philosophical and practical requirements for such a development. We begin with a historical overview of AI and intelligence amplification, tracing the evolution of LLMs from their origins to state-of-the-art models. We then proposes a theoretical framework to assess (...) whether existing LLM technologies could satisfy the conditions for singularity, with a focus on Recursive Self-Improvement (RSI) and autonomous code generation. We integrate key component technologies, such as Reinforcement Learning from Human Feedback (RLHF) and Direct Preference Optimization (DPO), into our analysis, illustrating how these could enable LLMs to independently enhance their reasoning and problem-solving capabilities. By mapping out a potential singularity model lifecycle and examining the dynamics of exponential growth models, we elucidate the conditions under which LLMs might self-replicate and rapidly escalate their intelligence. We conclude with a discussion of the ethical and safety implications of such developments, underscoring the need for responsible and controlled advancement in AI research to mitigate existential risks. Our work aims to contribute to the ongoing dialogue on the future of AI and the critical importance of proactive measures to ensure its beneficial development. (shrink)

Compared with traditional statistics, only a few social scientists employ Bayesian analyses. The existing software programs for implementing Bayesian analyses such as OpenBUGS, WinBUGS, JAGS, and rstanarm can be daunting given that their complex computer codes involve a steep learning curve. In contrast, this paper introduces a new open software for implementing Bayesian network modelling and analysis: the bayesvl R package. The package aims at providing an intuitive gateway for beginners of Bayesian statistics to construct and analyse mathematical models in (...) social sciences... (shrink)

It is here proposed an analysis of symbolic and sub-symbolic models for studying cognitive processes, centered on emergence and logical openness notions. The Theory of logical openness connects the Physics of system/environment relationships to the system informational structure. In this theory, cognitive models can be ordered according to a hierarchy of complexity depending on their logical openness degree, and their descriptive limits are correlated to Gödel-Turing Theorems on formal systems. The symbolic models with low logical openness describe cognition by means (...) of semantics which fix the system/environment relationship, while the sub-symbolic ones with high logical openness tends to seize its evolutive dynamics. An observer is defined as a system with high logical openness. In conclusion, the characteristic processes of intrinsic emergence typical of “bio-logic” - emerging of new codes-require an alternative model to Turing- computation, the natural or bio-morphic computation, whose essential features we are going here to outline. (shrink)

Gene clustering is a useful exploratory technique to group together genes with similar expression levels under distinct cell cycle phases or distinct conditions. It helps the biologist to identify potentially meaningful relationships between genes. In this study, we propose a clustering method based on multivariate normal mixture models, where the number of clusters is predicted via sequential hypothesis tests: at each step, the method considers a mixture model of m components (m = 2 in the first step) and tests (...) if in fact it should be m - 1. If the hypothesis is rejected, m is increased and a new test is carried out. The method continues (increasing m) until the hypothesis is accepted. The theoretical core of the method is the full Bayesian significance test, an intuitive Bayesian approach, which needs no model complexity penalization nor positive probabilities for sharp hypotheses. Numerical experiments were based on a cDNA microarray dataset consisting of expression levels of 205 genes belonging to four functional categories, for 10 distinct strains of Saccharomyces cerevisiae. To analyze the method’s sensitivity to data dimension, we performed principal components analysis on the original dataset and predicted the number of classes using 2 to 10 principal components. Compared to Mclust (model-based clustering), our method shows more consistent results. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

This dissertation may be divided into two parts. The first part is about the Extended Gricean Model of information transmission. This model, introduced here, is meant to better explain how humans communicate and understand each other. It has been developed to apply to cases that were left unexplained by the two main models of communication found in contemporary philosophy and linguistics, i.e. the Gricean (pragmatic) model and the code (semantic) model. In particular, I show that (...) these latter two models cannot apply to cases where one communicate through spontaneous emotional expressions and how the Extended Gricean Model of information transmission does. The second part of the dissertation is about what emotional signs mean, in various senses of the term ‘mean'. I review existing theories of meaning and see how they apply to emotional signs, i.e. signs which give us information about the affective state of the sign producer. (shrink)

This dissertation is centrally concerned with exploring obituaries as repositories of values. Obituaries are a publicly-available natural language source that are variably written for members of communities that are wide (nation- level) and narrow (city-level, or at the level of specific groups therein). Because they are explicitly summative, limited in size, and written for consumption by a public audience, obituaries may be expected to express concisely the aspects of their subjects’ lives that the authors (often family members living in the (...) same communities) found most salient or worthy of featuring. 140,599 obituaries nested in 832 newspapers from across the USA were scraped with permission from Legacy.com, an obituaries publisher. Obituaries were coded for the age at death and gender (female/male) of the deceased using automated algorithms. For each publishing newspaper, county-level median income, educational achievement (operationalized as percent of the population with a Bachelor’s degree or higher), and race and ethnicity were averaged across counties, weighting by population size. A Neo4J graph database was constructed using WordNet and the University of South Florida Free Association Norms datasets. Each word in each obituary inthe corpus was lemmatized. The shortest path through the WordNet graph from each lemma to 30 Schwartz value prototype words published by Bardi, Calogero, and Mullen (2008) was then recorded. From these path lengths, a new measure, “word-by-hop,” was calculated for each Schwartz value to reflect the relative lexical distance between each obituary and that Schwartz value. Of the Schwartz values, Power, Conformity, and Security were most indicated in the corpus, while Universalism, Hedonism, and Stimulation were least indicated. A series of seven two-level regression models suggested that, across Schwartz values, newspaper community accounted for the greatest amount of word-by-hop variability in the corpus. The best-fitting model indicated a small, negative effect of female status across Schwartz values. Unexpectedly, Hedonism and Conformity, which had conceptually opposite prototype words, were highly correlated, possibly indicating that obituary authors “compensate” for describing the deceased in a hedonistic way by concurrently emphasizing restraint. Future research could usefully further expand word-by-hop and incorporate individual-level covariates that match the newspaper-level covariates used here. (shrink)

This contribution aims to explore the historical predecessors of the Five Percenter model of self-realization, as popularized by Hip Hop artists such as Supreme Team, Rakim Allah, Brand Nubian, Wu-Tang Clan, or Sunz of Man. As compared to frequent considerations of the phenomenon as a creative mythological background for a socio-political struggle, Five Percenter teachings shall be discussed as contemporary interpretations of historical models of self-realization in various philosophical, religious, and esoteric systems. By putting the coded system of the (...) tenfold Supreme Mathematics as one of its core teachings in context with the Pythagorean Tetractys, an arrangement of ten points in four lines, the commonalities between the sequence and concepts attributed to the respective numbers will be demonstrated. (shrink)

How much does stimulus input shape perception? The common-sense view is that our perceptions are representations of objects and their features and that the stimulus structures the perceptual object. The problem for this view concerns perceptual biases as responsible for distortions and the subjectivity of perceptual experience. These biases are increasingly studied as constitutive factors of brain processes in recent neuroscience. In neural network models the brain is said to cope with the plethora of sensory information by predicting stimulus regularities (...) on the basis of previous experiences. Drawing on this development, this chapter analyses perceptions as processes. Looking at olfaction as a model system, it argues for the need to abandon a stimulus-centred perspective, where smells are thought of as stable percepts, computationally linked to external objects such as odorous molecules. Perception here is presented as a measure of changing signal ratios in an environment informed by expectancy effects from top-down processes. (shrink)

Biosemiotics is a growing fi eld that investigates semiotic processes in the living realm in an attempt to combine the fi ndings of the biological sciences and semiotics. Semiotic processes are more or less what biologists have typically referred to as “ signals, ” “ codes, ”and “ information processing ”in biosystems, but these processes are here understood under the more general notion of semiosis, that is, the production, action, and interpretation of signs. Thus, biosemiotics can be seen as biology (...) interpreted as a study of living sign systems — which also means that semiosis or sign process can be seen as the very nature of life itself. In other words, biosemiotics is a field of research investigating semiotic processes (meaning, signification, communication, and habit formation in living systems) and the physicochemical preconditions for sign action and interpretation. -/- (...). (shrink)

We describe a method, based on Jennifer Nado's definition of classification procedures as targets of conceptual engineering, that implements such procedures using a large language model. We then apply this method using data from the Wikidata knowledge graph to evaluate concept definitions from two paradigmatic conceptual engineering projects: the International Astronomical Union's redefinition of PLANET and Haslanger's ameliorative analysis of WOMAN. We discuss implications of this work for the theory and practice of conceptual engineering. The code and data (...) can be found on GitHub. (shrink)

Coherence and correspondence are classical contenders as theories of truth. In this paper we examine them instead as interacting factors in the dynamics of belief across epistemic networks. We construct an agent-based model of network contact in which agents are characterized not in terms of single beliefs but in terms of internal belief suites. Individuals update elements of their belief suites on input from other agents in order both to maximize internal belief coherence and to incorporate ‘trickled in’ elements (...) of truth as correspondence. Results, though often intuitive, prove more complex than in simpler models (Hegselmann & Krause 2002, 2006; Grim, Singer, Reade & Fisher 2015). The optimistic finding is that pressures toward internal coherence can exploit and expand on small elements of truth as correspondence is introduced into epistemic networks. Less optimistic results show that pressures for coherence can also work directly against the incorporation of truth, particularly when coherence is established first and new data is introduced later. (shrink)

The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, (...) such as freedom, solidarity and, especially, Social Justice. The latter concept is perceived by the author not only as a form of justice, which provides everyone with their due of proportion to their value, according to the famous saying of Ulpian “suum cuique tribuere”, but rather as a form of restitution from social injustices and as a treatment for social needs, particularly for our fellow human beings who are marginalized by society in conditions of poverty and degradation. It is interesting, at this point, to emphasize that the United Nations, in an important report from 2006 entitled “Social Justice in an Open World. The Role of the United Nations”, defines Social Justice as the fair and compassionate distribution of the fruits of economic growth (“Social Justice in an Open World. The Role of the United Nations”, edited by the International Forum for Social Development, New York: United Nations, 2006, p. 7, available online). The vision, therefore, of a society focused on goals such as combating socio-economic disparities and providing effective assistance for the weaker members of society signifies, especially in this period of Crisis, is a primary objective worthy, according to the author, of captivating us. Perhaps, indeed, the new target for Criminal Policy, following that of Restorative Justice, should now be that of Social Justice and, in fact, with a double project and aim: first for a fairer distribution of social goods and, also, for greater solidarity towards the weaker members of society. Indeed, it is a known fact to those involved with the Penal Sciences, that a dominant contemporaneous trend is that of Restorative Justice, in the sense that Criminal Law and Criminology finally have to address the needs of the victim of a criminal act and to advocate for relevant methods for extrajudicial settlements and for the conciliation of the offender and the victim. Restorative Justice is, hence, based on the triptych of the perpetrator assuming responsibilities for their actions, of restoring, as far as possible, the effects of the injurious actions against the victim and, also, of actively expressing the desire for conciliation with the victim. Certainly it would be greatly desirable if these ideas were to be consolidated within Greek legislation, albeit within the, always progressive, Greek Law for Minors there is a provision for the reformatory conciliation measure, pursuant to article 122 case e of the Greek Penal Code. However, the author believes that in this period of time, a time of profound crisis at all levels, there is need for more than simple offender-victim conciliation. There is a need for this spirit of reconciliation and solidarity to be extended to benefit all those who are experiencing hard times and may, therefore, in their deprivation and frustration, are led to committing crime. The author, at this point, refers to all the socially weak and often marginalized groups of people, who are scientifically characterized as "weak" or "vulnerable" and who try, with great courage, to survive without breaching the threshold of breaking the law. It is apparent here, according to the author, that if Criminal Policy actually aims to provide solutions to the problems of crime, it should not solely be limited to repairing the damage and conciliating the victim and perpetrator, but it should strike against the causative factors of crime and the primarily socio-economic inequalities and other forms of injustice which cause, according to Aristotle in his "Politics" (V. 1301b27, 1301a32 et seq., 1266b40), social reactions, attitudes and – Ι would add - a sequence of serious criminal acts. In other words, another kind of Justice is required in addition to Restorative, so that it may become the mission of our Criminal Policy to eliminate the injustices and inequalities that lead to crime. In view of this direction certain introductory thoughts are developed in this article. (shrink)

Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about transparency, privacy and bias as unpersuasive or inapplicable. The (...) chapter also notes that moral disagreement about theories of just sentencing are plausibly resolved by applying the principle of maximising expected moral choiceworthiness, and that automated decision making is better suited to the resulting ensemble model. Finally, the chapter considers the challenge posed by penal populism. The dispiriting conclusion is that although it is in theory morally desirable to use automated decision-making for criminal sentencing, it may well be the case that we ought not to try. (shrink)

This paper addresses concerns raised recently by Datteri (Biol Philos 24:301–324, 2009) and Craver (Philos Sci 77(5):840–851, 2010) about the use of brain-extending prosthetics in experimental neuroscience. Since the operation of the implant induces plastic changes in neural circuits, it is reasonable to worry that operational knowledge of the hybrid system will not be an accurate basis for generalisation when modelling the unextended brain. I argue, however, that Datteri’s no-plasticity constraint unwittingly rules out numerous experimental paradigms in behavioural and systems (...) neuroscience which also elicit neural plasticity. Furthermore, I propose that Datteri and Craver’s arguments concerning the limitations of prosthetic modelling in basic neuroscience, as opposed to neuroengineering, rests on too narrow a view of the ways models in neuroscience should be evaluated, and that a more pluralist approach is needed. I distinguish organisational validity of models from mechanistic validity. I argue that while prosthetic models may be deficient in the latter of these explanatory virtues because of neuroplasticity, they excel in the former since organisational validity tracks the extent to which a model captures coding principles that are invariant with plasticity. Changing the brain, I conclude, is one viable route towards explaining the brain. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal (...) v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

From 1965, the Swedish penal law does not require accountability as a condition for criminal responsibility. Instead, severely mentally disordered offenders are sentenced to forensic psychiatric care. The process that led to the present legislation had its origins in a critique of the concept of accountability that was first launched 50 years earlier by the founding father of Swedish forensic psychiatry, Olof Kinberg. The concept severe mental disorder is part of the Criminal Code as well as the Compulsory (...) Mental Act. The medical conditions for being sentenced to forensic psychiatric care are supposed to be the same as those for being admitted to involuntary psychiatric care. What these conditions are is not regulated in any law. For the guidance of the courts and others, there is a collection of examples in the government bill drafting the legislation in question. On the basis of these examples the content of the concept of severe mental disorder is chiselled out. However, the purposes of imposing penal law sanction and admitting someone to psychiatric care are not the same, and therefore the content of the concept severe mental disorder is bound to differ accordingly. Severe mental disorder is a legal concept that masks as a psychiatric one. In its applications in penal law, the court determines its content. But for the forensic psychiatrist it is more natural to interpret the term as a medical one. This creates a tension that has led to several controversies in recent criminal cases in Sweden. The best way to alleviate the situation is to discard the concept of severe mental disorder from criminal law. This will allow for a better separation of the roles of the psychiatrist and the court. (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)

To hold developers responsible, it is important to establish the concept of AI ownership. In this paper we review different obstacles to ownership claims over advanced intelligent systems, including unexplainability, unpredictability, uncontrollability, self-modification, AI-rights, ease of theft when it comes to AI models and code obfuscation. We conclude that it is difficult if not impossible to establish ownership claims over AI models beyond a reasonable doubt.

This article is a comparative study between predictive processing (PP, or predictive coding) and cognitive dissonance (CD) theory. The theory of CD, one of the most influential and extensively studied theories in social psychology, is shown to be highly compatible with recent developments in PP. This is particularly evident in the notion that both theories deal with strategies to reduce perceived error signals. However, reasons exist to update the theory of CD to one of “predictive dissonance.” First, the hierarchical PP (...) framework can be helpful in understanding varying nested levels of CD. If dissonance arises from a cascade of downstream and lateral predictions and consequent prediction errors, dissonance can exist at a multitude of scales, all the way up from sensory perception to higher order cognitions. This helps understand the previously problematic dichotomy between “dissonant cognitive relations” and “dissonant psychological states,” which are part of the same perception-action process while still hierarchically distinct. Second, since PP is action-oriented, it can be read to support recent action-based models of CD. Third, PP can potentially help us understand the recently speculated evolutionary origins of CD. Here, the argument is that responses to CD can instill meta-learning which serves to prevent the overfitting of generative models to ephemeral local conditions. This can increase action-oriented ecological rationality and enhanced capabilities to interact with a rich landscape of affordances. The downside is that in today’s world where social institutions such as science a priori separate noise from signal, some reactions to predictive dissonance might propagate ecologically unsound (underfitted, confirmation-biased) mental models such as climate denialism. (shrink)

Different cognitive functions recruit a number of different, often overlapping, areas of the brain. Theories in cognitive and computational neuroscience are beginning to take this kind of functional integration into account. The contributions to this special issue consider what functional integration tells us about various aspects of the mind such as perception, language, volition, agency, and reward. Here, I consider how and why functional integration may matter for the mind; I discuss a general theoretical framework, based on generative models, that (...) may unify many of the debates surrounding functional integration and the mind; and I briefly introduce each of the contributions. (shrink)

I here present some doubts about whether Mandik’s (2010) proposed intermediacy and recurrence constraints are necessary and sufficient for agentive experience. I also argue that in order to vindicate the conclusion that agentive experience is an exclusively perceptual phenomenon (Prinz, 2007), it is not enough to show that the predictions produced by forward models of planned motor actions are conveyed by mock sensory signals. Rather, it must also be shown that the outputs of “comparator” mechanisms that compare these predictions against (...) actual sensory feedback are also coded in a perceptual representational format. (shrink)

The VIA Classification of Strengths and Virtues is the most commonly used model of positive personality. In this study, we used two methods of model modification to develop models for two measures of the character strengths, the VIA Inventory of Strengths-Revised and the Global Assessment of Character Strengths. The first method consisted of freeing residual covariances based on modification indices until good fit was achieved. The second was residual network modeling (RNM), which frees residual partial correlations while minimizing (...) a function that penalizes more complex models. Models based on both strategies were developed for the two questionnaires. The resulting structural models were then applied to four other samples. Though both modification procedures achieved good fit in the sample used to develop the models, only RNM resulted in adequate model fit for both measures in all cross-validation samples. This finding suggests RNM is more robust against overfitting than traditional practices. Moreover, the result supports the validity of the three-factor model of character strengths with replicability. (shrink)

Local reports from different international societies have considered the achievement of the successful Glocalized architecture model in line with the 2030 UN Sustainable Development Goals (SDGs). The Aga Khan Cultural Foundation’s International Program for Islamic Architecture has also prioritized the understanding of the success drivers in architectural projects. This study aimed to detect the potentials of the common global indicators to access qualitative design assessment through analyzing the Aga Khan Award’s reports. The selected methodology in the present study is (...) a quantitative approach using the systematic content analysis and coding techniques for qualitative data obtained from the technical. The physical, non-physical, modern, and traditional factors that have contributed to the success of the works as well as their combinations were extracted and analyzed using Sensible and Abstract international, national, and local indications. There is a relative superiority for Sensible indications (A combination of modern and physical factors). The hybrid data distribution provides the ground to assess the works, and this can be used to manage the globalization challenges in the contemporary architecture of Muslim societies. (shrink)

Some of the most significant policy responses to cases of fraudulent and questionable conduct by scientists have been to strengthen professionalism among scientists, whether by codes of conduct, integrity boards, or mandatory research integrity training programs. Yet there has been little systematic discussion about what professionalism in scientific research should mean. In this paper I draw on the sociology of the professions and on data comparing codes of conduct in science to those in the professions, in order to examine what (...) precisely the model of professionalism implies for scientific research. I argue that professionalism, more than any other single organizational logic, is appropriate for scientific research, and that codes of conduct for scientists should strengthen statements concerning scientific autonomy and competence, as well as the scientific service ideal. (shrink)

Predictive approaches to the mind claim that perception, cognition, and action can be understood in terms of a single framework: a hierarchy of Bayesian models employing the computational strategy of predictive coding. Proponents of this view disagree, however, over the extent to which perception is direct on the predictive approach. I argue that we can resolve these disagreements by identifying three distinct notions of perceptual directness: psychological, metaphysical, and epistemological. I propose that perception is plausibly construed as psychologically indirect on (...) the predictive approach, in the sense of being constructivist or inferential. It would be wrong to conclude from this, however, that perception is therefore indirect in a metaphysical or epistemological sense on the predictive approach. In the metaphysical case, claims about the inferential properties of constructivist perceptual mechanisms are consistent with both direct and indirect solutions to the metaphysical problem of perception (e.g. naïve realism, representationalism, sense datum theory). In the epistemological case, claims about the inferential properties of constructivist perceptual mechanisms are consistent with both direct and indirect approaches to the justification of perceptual belief. In this paper, I demonstrate how proponents of the predictive approach have conflated these distinct notions of perceptual directness and indirectness, and I propose alternative strategies for developing the philosophical consequences of the approach. (shrink)

Computational systems biologists create and manipulate computational models of biological systems, but they do not always have straightforward epistemic access to the content and behavioural profile of such models because of their length, coding idiosyncrasies, and formal complexity. This creates difficulties both for modellers in their research groups and for their bioscience collaborators who rely on these models. In this paper we introduce a new kind of visualization that was developed to address just this sort of epistemic opacity. The visualization (...) is unusual in that it depicts the dynamics and structure of a computer model instead of that model’s target system, and because it is generated algorithmically. Using considerations from epistemology and aesthetics, we explore how this new kind of visualization increases scientific understanding of the content and function of computer models in systems biology to reduce epistemic opacity. (shrink)