Phenomenal conservatives claim that seemings are sui generis mental states and can thus provide foundational non-doxastic justification for beliefs. Many of their critics deny this, claiming, instead, that seemings can be reductively analyzed in terms of other mental states—either beliefs, inclinations to believe, or beliefs about one’s evidence—that cannot provide foundational non-doxastic justification. In this paper, I argue that no tenable semantic reduction of ‘seems’ can be formulated in terms of the three reductive analyses that have been proposed by critics (...) of phenomenal conservatism. This is because Moore-paradoxical statements are generated when each of the reductive analyses is substituted for ‘seems’ in statements like ‘The stick is straight, but it does not seem to me that it’s straight.’ Since the latter statement is not Moore-paradoxical, the three proposed reductive analyses of ‘seems’ are unsuccessful. Absent a successful semantic reduction, however, there is no good reason to think a successful metaphysical reduction of seemings is forthcoming. Thus, there is an additional reason, unnoticed in the existing literature, to think that seemings are sui generis mental states. (shrink)

Cambridge’deki büyük akademik cemaatin sakinleri olan bizler bir araya geldik ve hoşgörü ve onun egemen politik iklim içerisindeki yeri hakkında dostça ama ateşli bir tartışma yürüttük. Okuyucu, bizim nerelerde aynı düşüncede olmadığımızı bulmakta hiçbir zorluk çekmeyecektir. Diğer taraftan, farklı başlangıç noktalarından ve farklı yollardan hareketle yaklaşık olarak aynı yere ulaştık. Her birimiz için, egemen hoşgörü kuramı ve pratiğinin, incelendiği takdirde, korkunç politik gerçekleri gizlemeye yarayan bir maske olduğu ortaya çıktı. Kızgınlığın tonu makaleden makaleye keskin bir şekilde artmakta; belki de boş (...) yere, okuyucuların bu noktaya getiren akıl yürütmeyi takip edeceklerini umuyoruz. Nihayetinde bu kızgınlık hem kafa hem de kalpte ikamet etmektedir…. (shrink)

Some theories of goodness are descriptively rich: they have much to say about what makes things good. Neo-Aristotelian accounts, for instance, detail the various features that make a human being, a dog, a bee good relative to facts about those forms of life. Famously, such theories of relative goodness tend to be comparatively poor: they have little or nothing to say about what makes one kind of being better than another kind. Other theories of goodness—those that take there to be (...) absolute goodness—are comparatively rich: they offer grounds for judging some types of things better than others because they have more absolute goodness. Moorean accounts, for example, can tell us that humans and human experiences are superior to bees and blades of grass. But such theories tend to be descriptively poor: they struggle to tell us in virtue of what this is so. In this essay we motivate and flesh out a view that splits the difference between accounts of goodness as relative and accounts of goodness as absolute. Such a view holds promise only if the mechanics of this kind of metaphysics of goodness can be worked out. Here we present a view on which the paradigm for absolute goodness is God and the paradigm for each kind of relative goodness is a divine idea. (shrink)

In Cahn's brief article, he contests Philippa Foot's contention that “Great happiness, unlike euphoria or even great pleasure, must come from something related to what is deep in human nature, and fundamental in human life, such as affection for children and friends, the desire to work, and love of freedom and truth,” contesting her claim with the counterexample of a person, "Fred," not unlike people Cahn has known, who is perfectly contented with their role, not unlike the figure painted (...) by Glaucon in Book 2 of Plato's Republic, a "completely unjust person [who,] while doing the greatest injustice, [...] has nonetheless provided himself with the greatest reputation for justice.". (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

The explanatory challenge of sentience is known as the “hard problem of consciousness”: How does subjective experience arise from physical objects and their relations? Despite some optimistic claims, the perennial struggle with this question shows little evidence of imminent resolution. In this article I focus on the “why” rather than on the “how” of sentience. Specifically, why did sentience evolve in organic lifeforms? From an evolutionary perspective this question can be framed: “What adaptive problem(s) did organisms face in their evolutionary (...) past and how were those challenges met? I argue that sentience was a critical component of the adaptive solution (i.e., adopting an agentic stance) to increasingly complex and unpredictable demands placed on vertebrates approximately 500 million years ago (the so-called Cambrian explosion). One consequence of taking an agentic stance is that it freed the organism from its neural moorings, positioning it within phenomenal space outside its brain. (shrink)

I argue that the fundamental dogma that all necessary relations are internal is ungrounded. To motivate my argument, I analyse Moore’s classic ideas on internal relations and take them as an illustration of the common form of reasoning that can mislead us to conclude that all necessary relations are internal. That reasoning illicitly smuggles the idea that necessary properties and relations reflect on identity—in the sense that the loss of a necessary property/relation is a loss of identity—into the separate (...) idea that the loss of a necessary property/relation is a loss of essence. Essence, however, is not identity. So the way seems to be open for the existence of necessary properties/relations which do not belong to the essence of entities; that is, the existence of necessary but external relations. I then offer some examples of such relations. (shrink)

Fac simile of documents [mostly letters & dedications] from & to FELIX SOMLÓ (1873–1918) (including by Leonidas Pitamic and Adolf Merkl, among others) & JULIUS MOÓR (1888–1950) (including by M. Stockhammer, Wilhelm Sauer, Karl Petraschek, among others), followed by HANS KELSEN’s Selbstbiographie [February 1927] (15–22 w/ letter, 23) & ILMAR TAMMELO’s only surviving copy of his PhD thesis in his own translation on Kritik zu Prof. Kliimann’s normativistischer Unterscheidung des Privat- und des öffentlichen Rechts [Dorpat, 1942] (63–145), both prepared to (...) the latter; w/ Bibl. & Preface [1995/e] x–xv, as well as documentation in Hungarian on how the Editor could save their rich personal professional library of several thounds volumes and making acquired them by the Library of Parliament in Budapest as its special collection in Anhang (147–156); Personenverzeichnis. (shrink)

The definition of "philosophical analysis" is far from obvious and the definition adopted by the editors should be mentioned. The editors wish to designate with this term, as is often done in the English-speaking world, a much broader tradition than that of "analytical philosophy", one initiated by the disciples of the second Wittgenstein and including Moore, Russell, Wittgenstein, the Vienna Circle, neo-empiricism and the "philosophy of ordinary language". From the editors' introductions it is clear that there was a number (...) of reasons that at first delayed and hindered the reception of the analytic tradition in Latin America, and later forced this tradition into a position of open confrontation with the pre-existing philosophical schools of continental derivation. In this clash, cultural factors played a role, as did the dramatic socio-political events of these countries, events that also influenced the personal destinies of many of the authors who appear in the anthology who emigrated or were removed from teaching by military dictatorships. (shrink)

One of Elizabeth Anscombe’s most decisive legacies is the rejection of modern legalistic morality, in the name of a rescue of Aristotelian-inspired natural normativity. However, as I will argue in this contribution, this legacy does not seem to have been fully collected, neither by those who, like Philippa Foot, are explicitly inspired by Anscombe’s work, nor by those who, while apparently opposing its assumptions, have also somehow recovered it by different routes, as emblematically does Christine Korsgaard in her constitutivist (...) proposal. In more detail, I aim to explore the relationship between teleology and normativity at the crossroads between neo-Aristotelian naturalism and constitutivism: both theories, though opposed, rest normativity on a link between function (the Aristotelian ergon) and practical reason and fail precisely in declining this relationship convincingly. (shrink)

Experiential acquaintance is an alleged relation between ourselves and our experiences that has sometimes been hypothesised as necessary for knowledge of our experiences. This paper begins with a clarification of ‘acquaintance’ and an explanation of ‘experience’ that focuses attention on a famous, but flawed, argument by G. E. Moore. It goes on to critically examine several recent arguments concerning experiential acquaintance and to show how internalist foundationalism can respond to a famous Sellarsian dilemma without appeal to a relation of (...) acquaintance with our experiences. It concludes that we can dispense with experiential acquaintance. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

That all pleasure is good and all pain bad in itself is an eternally true ethical principle. The common claim that some pleasure is not good, or some pain not bad, is mistaken. Strict particularism (ethical decisions must be made case by case; there are no sound universal normative principles) and relativism (all good and bad are relative to society) are among the ethical theories we may refute through an appeal to pleasure and pain. Daniel Dennett, Philippa Foot, R (...) M Hare, Gilbert Harman, Immanuel Kant, J. L. Mackie, and Jean-Paul Sartre are among the many philosophers addressed. (shrink)

Can agents rationally inquire into things that they know? On my view, the answer is yes. Call this view the Compatibility Thesis. One challenge to this thesis is to explain why assertions like “I know that p, but I’m wondering whether p” sound odd, if not Moore-Paradoxical. In response to this challenge, I argue that we can reject one or both premises that give rise to it. First, we can deny that inquiry requires interrogative attitudes. Second, we can deny (...) the ignorance norm, on which agents are not permitted to both know and have interrogative attitudes, such as wondering. I argue that there are compelling reasons to deny the former and reasons to question the latter. Both options pave the way for further work on further inquiry. (shrink)

This paper is a companion piece to my earlier paper “Fallibilism and Concessive Knowledge Attributions”. There are two intuitive charges against fallibilism. One is that it countenances the truth (and presumably acceptability) of utterances of sentences such as “I know that Bush is a Republican, though it might be that he is not a Republican”. The second is that it countenances the truth (and presumably acceptability) of utterances of sentences such as “I know that Bush is a Republican, even though (...) I’m not certain that he is”, or “I know that Bush it a Republican, even though it isn’t certain that he is.” In “Fallibilism and Concessive Knowledge Attributions”, I argue that fallibilism in epistemology does not countenance the truth of utterances of sentences such as “I know that Bush is a Republican, though it might be that he is not a Republican”. In this paper, I argue that there are independent reasons for thinking that utterances of sentences such as “I know that Bush is a Republican, though I’m not certain that he is” and “I know that Bush is a Republican, though it’s not certain that he is” are unassertible. More specifically, I argue that these are simply instances of Moore’s Paradox, such as “Dogs bark, but I don’t know that they do.” The right account of Moore’s Paradox does not involve the falsehood of the semantic content of the relevant utterances, but rather their pragmatic unacceptability. So the anti-fallibilist intuitions turn out to have pragmatic, rather than semantic import, and therefore do not tell against the truth of fallibilism. Fallibilism in epistemology is often thought to be theoretically desirable, but intuitively problematic. My purpose with these two papers is to show that fallibilism is not intuitively problematic. (shrink)

In 1901 Russell had envisaged the new analytic philosophy as uniquely systematic, borrowing the methods of science and mathematics. A century later, have Russell’s hopes become reality? David Lewis is often celebrated as a great systematic metaphysician, his influence proof that we live in a heyday of systematic philosophy. But, we argue, this common belief is misguided: Lewis was not a systematic philosopher, and he didn’t want to be. Although some aspects of his philosophy are systematic, mainly his pluriverse of (...) possible worlds and its many applications, that systematicity was due to the influence of his teacher Quine, who really was an heir to Russell. Drawing upon Lewis’s posthumous papers and his correspondence as well as the published record, we show that Lewis’s non- Quinean influences, including G.E. Moore and D.M. Armstrong, led Lewis to an anti- systematic methodology which leaves each philosopher’s views and starting points to his or her own personal conscience. (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)

The traditional picture of the development of analytical philosophy, represented especially by such thinkers as G. Frege, G. E. Moore, B. Russell or R. Carnap, whose attitude was generally anti-metaphysical, can, on closer study, be shown to be incomplete. This article treats of the Cracow circle – a group of Polish philosophers among whom are, above all, to be counted J. Salamucha, J. M. Bocheński, J. F. Drewnowski, and B. Sobociński, who were, at the beginning of the twentieth century, (...) fascinated by the development of modern formal logic and its application to philosophical thinking. They also attempted to apply it to Catholic philosophy. The result of their endeavours were many remarkable works introducing not only a defence of the use of modern philosophical approaches in Christian thought, but also the reconstruction, by means of formal logic, of significant proofs given by Scholastic authors. (shrink)

This book presents Robert S. Hartman’s formal theory of value and critically examines many other twentieth century value theorists in its light, including A.J. Ayer, Kurt Baier, Brand Blanshard, Paul Edwards, Albert Einstein, William K. Frankena, R.M. Hare, Nicolai Hartmann, Martin Heidegger, G.E. Moore, P.H. Nowell-Smith, Jose Ortega y Gasset, Charles Stevenson, Paul W. Taylor, Stephen E. Toulmin, and J.O. Urmson.

One of the reasons why most of us feel puzzled about the problem of abortion is that we want, and do not want, to allow to the unborn child the rights that belong to adults and children. When we think of a baby about to be born it seems absurd to think that the next few minutes or even hours could make so radical a difference to its status; yet as we go back in the life of the fetus we (...) are more and more reluctant to say that this is a human being and must be treated as such. No doubt this is the deepest source of our dilemma, but it is not the only one. For we are also confused about the general question of what we may and may not do where the interests of human beings conflict. We have strong intuitions about certain cases; saying, for instance, that it is all right to raise the level of education in our country, though statistics allow us to predict that a rise in the suicide rate will follow, while it is not all right to kill the feeble-minded to aid cancer research. It is not easy, however, to see the principles involved, and one way of throwing light on the abortion issue will be by setting up parallels involving adults or children once born. So we will be able to isolate the “equal rights” issue and should be able to make some advance... (shrink)

This paper aims to assess knowledge management maturity at HEI to determine the most effecting variables on knowledge management that enhance the total performance of the organization. This study was applied on Al-Azhar University in Gaza strip, Palestine. This paper depends on Asian productivity organization model that used to assess KM maturity. Second dimension assess high performance was developed by the authors. The controlled sample was (364). Several statistical tools were used for data analysis and hypotheses testing, including reliability Correlation (...) using Cronbach’s alpha, “ANOVA”, Simple Linear Regression and Step Wise Regression. The overall findings of the current study suggest that KMM is suitable for measuring and lead to enhance high performance. KMM assessment shows that the university maturity level is in level three. Findings also support the main hypothesis and it is subhypotheses. The most important factors effecting high performance are: Processes, KM leadership, People, KM Outcomes, Knowledge Process. Furthermore the current study is unique by the virtue of its nature, scope and way of implied investigation, as it is the first study at HEI in Palestine explores the status of KMM using the Asian productivity model. (shrink)

The study aimed to identify the knowledge management processes and their role in achieving competitive advantage at Al-Quds Open University. The study was based on the descriptive analytical method, and the study population consists of academic and administrative staff in each of the branches of Al-Quds Open University in (Tulkarm, Nablus and Jenin). The researchers selected a sample of the study population by the intentional non-probability method, the size of (70) employees. A questionnaire was prepared and supervised by a number (...) of specialists in order to obtain the results of the study. The study concluded that there is a positive direct relationship, that is, the higher the degree of application of knowledge management processes, the greater the degree of competitive advantage. Knowledge Technology came first with a score of 80.02% on all items. Competitive advantage came second with 81.74%. In the third place came "knowledge generation" where the total score on all paragraphs in this area (78.24%). In the fourth place, "knowledge transfer" (77.21%). "Developing and storing knowledge" came in fifth place (77.13%). "Acquisition of knowledge" came in sixth place (76.45%). Knowledge Organization ranked seventh (74.26%). The study recommended that the university should enable the employees to benefit from the experiences and expertise available to help generate knowledge. The University encourages the creation of knowledge through the system of incentives and open the way for creators to apply their creations and spread and invest in excellence and creativity. The university should design work performance levels based on the integration of knowledge and organize it according to policies that support freedom of research. The need for Palestinian universities to adopt a knowledge management approach. The need to adopt a system of incentives that rewards cognitive efforts, and give workers enough freedom to enable them to apply their knowledge. (shrink)

We argue that all comparative expressions in natural language obey a principle that we call Comparability: if x and y are at least as F as themselves, then either x is at least as F as y or y is at least as F as x. This principle has been widely rejected among philosophers, especially by ethicists, and its falsity has been claimed to have important normative implications. We argue that Comparability is needed to explain the goodness of several patterns (...) of inference that seem manifestly valid, that the purported failures of Comparability would have absurd consequences, and that the influential arguments against Comparability are less compelling than they may have initially seemed. (shrink)

Background: A bean is the seed of one of several genera of the flowering plant family Fabaceae, which are used as vegetables for human or animal food. They can be cooked in many different ways, including boiling, frying, and baking, and are used in many traditional dishes throughout the world. Beans are one of the longest-cultivated plants. Broad beans, also called fava beans, in their wild state the size of a small fingernail, were gathered in Afghanistan and the Himalayan foothills. (...) In a form improved from naturally occurring types, Beans were an important source of protein throughout old and new world history, and still are today. Objectives: The main goal of this expert system is to get the appropriate diagnosis of disease and the correct treatment. Methods: In this paper, the design of the proposed Expert System was produced to help farmers and those interested in agriculture in diagnosing many of the Bean diseases such as Fusarium wilt, Charcoal rot or ashy stem blight, Bacterial leaf spot and blight, Mung bean yellow mosaic virus, Cercospora leaf spot. The proposed expert system presents an overview of Bean diseases are given, the cause of diseases outlined and the treatment of disease whenever possible is given out. CLIPS Expert System language was used for designing and implementing the proposed expert system. Results: The proposed Bean diseases diagnosis expert system was evaluated by Agricultural experts and some friends interested in agriculture and they were satisfied with its performance. Conclusions: The proposed expert system is very useful for Farmers and those interested in agriculture. (shrink)

The research aims to identify the trends of Palestinian higher educational institutions in Gaza Strip as learning organizations from the perspective of senior management in the Palestinian universities in Gaza Strip. The researchers used descriptive analytical approach and used the questionnaire as a tool for information gathering. The questionnaires were distributed to senior management in the Palestinian universities. The study population reached (344) employees in senior management is dispersed over (3) Palestinian universities. A stratified random sample of (182) employees from (...) the Palestinian universities was selected and the recovery rate was (69.2%). Statistical analysis (SPSS) program was used for analysis and processing the data. The study found the following results: There is an agreement about: the importance of the focus of "organizational structure" with an average approval, the importance of "technological infrastructure" axis with high approval, and the importance of "strategic" with an average approval. The results concluded that the study sample agree on the importance of "organizational dimension" highly. The results showed that the sample believe that the "strategic leadership" level in the universities got medium-approval. There is a fair level agreement about the axis of interest "teams / committees". There is an agreement about the importance of the "human dimension" moderately. The results showed that the sample is highly agreed about the importance of focus of the "knowledge management", and the focus of the "continuing education". They agreed weakly to somewhat about the importance of the focus of "scientific research", moderately agree about the importance of the center of "institutional culture", agree moderately on the importance of "cognitive dimension". The results showed that the sample largely agree on the importance of the focus of "strategic partnerships and alliances". They agree highly on the axis "keep up with the labor market" and on the focus of the importance of "technology incubators". The results showed that the sample moderately agree about the importance of the theme on "consulting and training", the importance of the focus of "social responsibility", and the focus of the "Community dimension". The study found a group of recommendations including: there is a need to provide suitable environment that achieve learning organizations. There is a need to develop the technological infrastructure (hardware, software, networks, databases, and human skills) because of the great advantages that they offer. The universities need to adopt knowledge management in the academic and administrative departments because knowledge is the core of the work of these departments. The establishment of technology incubators in universities to adopt outstanding university research projects, to protect, to supports, and to market them; furthermore, to develop the capabilities and skills of employees in the field of information technology. (shrink)

This paper aims to measure Knowledge Management Maturity (KMM) in the universities to determine the impact of knowledge management on high performance. This study was applied on Al-Quds Open University in Gaza strip, Palestine. Asian productivity organization model was applied to measure KMM. Second dimension which assess high performance was developed by the authors. The controlled sample was (306). Several statistical tools were used for data analysis and hypotheses testing, including reliability Correlation using Cronbach’s alpha, “ANOVA”, Simple Linear Regression and (...) Step Wise Regression.The overall findings of the current study suggest that KMM is suitable for measuring high performance. KMM assessment shows that maturity level is in level three. Findings also support the main hypothesis and it is sub- hypotheses. The most important factors effecting high performance are: Processes, KM leadership, People, KM Outcomes and Learning and Innovation. Furthermore the current study is unique by the virtue of its nature, scope and way of implied investigation, as it is the first comparative study in the universities of Palestine explores the status of KMM using the Asian productivity Model. (shrink)

Multidimensional concepts are everywhere, and they are important. Examples include moral value, welfare, scientific confirmation, democracy, and biodiversity. How, if at all, can we aggregate the underlying dimensions of a multidimensional concept F to yield verdicts about which things are Fer than which overall? Social choice theory can be used to model and investigate this aggregation problem. Here, we focus on a particularly thorny problem made salient by this social choice-theoretic framework: the underlying dimensions of a given concept might be (...) measurable on different types of scales—e.g., some ordinal and some cardinal. An underappreciated impossibility theorem due to Anna Khmelnitskaya shows that seemingly plausible constraints on aggregation across scale types are inconsistent. This impossibility threatens to render the notion of overall Fness incoherent. We attempt to defuse this threat, arguing that the impossibility depends on an overly restrictive conception of measurement and of how measurement constrains aggregation. Adopting a more flexible—and, we think, more perspicuous—conception of measurement opens an array of possibilities for aggregation across disparate scale types. (shrink)

Every person has his/her own unique signature that is used mainly for the purposes of personal identification and verification of important documents or legal transactions. There are two kinds of signature verification: static and dynamic. Static(off-line) verification is the process of verifying an electronic or document signature after it has been made, while dynamic(on-line) verification takes place as a person creates his/her signature on a digital tablet or a similar device. Offline signature verification is not efficient and slow for a (...) large number of documents. To overcome the drawbacks of offline signature verification, we have seen a growth in online biometric personal verification such as fingerprints, eye scan etc. In this paper we created CNN model using python for offline signature and after training and validating, the accuracy of testing was 99.70%. (shrink)

This article analyses in detail Wittgenstein’s ‘Cambridge period’ from his return to Cambridge in 1929 until his decease in 1951. Within the ‘Cambridge period’, scholars usually distinguish the ‘middle’ (1929–1936) and the ‘late’ (1936–1951) periods. The trigger point of Wittgenstein’s return to Cambridge and philosophy was his visit to Brouwer’s lecture on ‘Mathematics, Science, and Language’ in Vienna in March 1928. Dutch mathematician Brouwer influenced not only Wittgenstein’s ability to do philosophy again but also the development of some of his (...) ideas. Namely, for Brouwer, language was a natural development of the social history of human beings. With the help of his friends, F. P. Ramsey, J. M. Keynes, G. E. Moore, and B. Russell, in 1929 Wittgenstein returned to Cambridge. The author argues that this was the crucial turning point in his philosophy that led to the revision of some of his ideas. Wittgenstein returned from self-isolation in remote villages of Lower Austria to the intellectual academic environment, where he could discuss his ideas with intellectual interlocutors and receive their valuable remarks and comments. This article is organised in chronological order: it describes the very ‘early’ middle period of 1929–1935 involving the development of Wittgenstein’s ‘phenomenology’ and the origin of the ‘language-games’ concept in the Blue and Brown Books; 1935–1936 period of ‘romantic’ enthusiasm for Soviet Russia and a trip there; Wittgenstein’s life and work during the WWII-time; resign from teaching in Cambridge in 1947 to finally finish his Philosophical Investigations. The author suggests that the ‘romantic areal’ about the USSR was formed by Wittgenstein’s predilection for Russian poetry and literature of the nineteenth century, i.e., Tolstoy, Dostoevsky, and Pushkin. Analysing the development of Wittgenstein’s ideas on language in his Cambridge period, the author mentions the influence of N. Bakhtin and P. Sraffa. Also, the author touches upon the topic of the possibility of Marxism’s influence on Wittgenstein’s life and thought. (shrink)

The study aimed to identify the reality of the use of social networks in the technical colleges in Palestine, where the variables of social networks were included. The analytical descriptive method was used in the study. A questionnaire consisting of (12) items was randomly distributed to college workers Technology in the Gaza Strip. The sample of the study consisted of (205) employees of these colleges. The response rate was 74.5%. The results showed a high degree of approval for the dimensions (...) of the social networks and a relative weight (74.15%) according to the perspective of the employees of the technical colleges in the Gaza Strip. The results of the study showed that there is a high level of social networking areas (site management and Website Content) in the technical colleges in the Gaza Strip. The field of site management ranked first with a relative weight of 74.91%, and second and last (Content Site) with a relative weight (73.38%). The results showed that there were differences between colleges in the use of social networks where the results showed that the most common colleges used these networks (UCAS) and the least used is (GTC). The results showed no differences between male and female employees in the use of social networks in technical colleges. The researchers suggest a number of recommendations, including: the need to raise awareness of the importance of Facebook and other social networking sites, through the holding of courses for employees in technical colleges, and to identify the ways to optimize the use of such sites, and the benefits of this use, and reflected positively on technical colleges. And the adoption of dealing with the various social networking sites as a reality, and the Palestinian and Arab technical colleges, use them in accordance with the objectives of technical colleges. Advise the Department of Technical Colleges to devote time to their presence on social networks to follow the public and respond to their queries. There is a need for the attention of decision-makers in technical colleges in social sites, because they are considered an important and effective means of communication, and the link between beneficiaries and decision-makers. There is a need to promote the use of modern electronic means of work and the need to increase the link of customers to the college through electronic services. (shrink)

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

The aim of this paper is to bring recent work on metaphysical grounding to bear on the phenomenon of social construction. It is argued that grounding can be used to analyze social construction and that the grounding framework is helpful for articulating various claims and commitments of social constructionists, especially about social identities, e.g., gender and race. The paper also responds to a number of objections that have been leveled against the application of grounding to social construction from Elizabeth Barnes, (...) Mari Mikkola, and Jessica Wilson. (shrink)

Recently, bioethicists and the UNCRPD have advocated for supported medical decision-making on behalf of patients with intellectual disabilities. But what does supported decision-making really entail? One compelling framework is Anita Silvers and Leslie Francis’ mental prosthesis account, which envisions supported decision-making as a process in which trustees act as mere appendages for the patient’s will; the trustee provides the cognitive tools the patient requires to realize her conception of her own good. We argue that supported decision-making would be better understood (...) as a collaborative process, giving patients with intellectual disabilities the opportunity to make decisions in a respectful relationship with trusted others. We offer an alternative account of supported decision-making where the primary constraint is to protect the patient from domination by the trustee. This is advantageous in its preservation of the prospects for genuine collaboration, for the mental prosthesis approach ultimately reinforces a problematic ideal of isolated patient self-determination. (shrink)

Automatic detection of diseases and anatomical landmarks in medical images by the use of computers is important and considered a challenging process that could help medical diagnosis and reduce the cost and time of investigational procedures and refine health care systems all over the world. Recently, gastrointestinal (GI) tract disease diagnosis through endoscopic image classification is an active research area in the biomedical field. Several GI tract disease classification methods based on image processing and machine learning techniques have been proposed (...) by diverse research groups in the recent past. However, yet effective and comprehensive deep ensemble neural network-based classification model with high accuracy classification results is not available in the literature. In this thesis, we review ways and mechanisms to use deep learning techniques to research on multi-disease computer-aided detection about gastrointestinal and identify these images. We re-trained five state-of-the-art neural network architectures, VGG16, ResNet, MobileNet, Inception-v3, and Xception on the Kvasir dataset to classify eight categories that include an anatomical landmark (pylorus, z-line, cecum), a diseased state (esophagitis, ulcerative colitis, polyps), or a medical procedure (dyed lifted polyps, dyed resection margins) in the Gastrointestinal Tract. Our models have showed results with a promising accuracy which is a remarkable performance with respect to the state-of-the-art approaches. The resulting accuracies achieved using VGG, ResNet, MobileNet, Inception-v3, and Xception were 98.3%, 92.3%, 97.6%, 90% and 98.2%, respectively. As it appears, the most accurate result has been achieved when retraining VGG16 and Xception neural networks with accuracy reache to 98% due to its high performance on training on ImageNet dataset and internal structure that support classification problems. (shrink)

This paper will be broken down into four sections. In §1, I try to assuage a worry that intellectual humility is not really an intellectual virtue. In §2, we will consider the two dominant accounts of intellectual humility in the philosophical literature—the low concern for status account the limitations-owing account—and I will argue that both accounts face serious worries. Then in §3, I will unpack my own view, the doxastic account of intellectual humility, as a viable alternative and potentially a (...) better starting place for thinking about this virtue. And I’ll conclude in §4 by trying to defend the doxastic account against some possible objections. (shrink)

In the present article, I offer a new reading of Hannah Arendt’s The Origins of Totalitarianism, specifically her argument that ideologies such as racism engender totalitarianism when the lonely and disenfranchised laborers of modern society develop a pathological fixation on formal logic, which I term “logomania.” That is, such logical deductions, from horrifically false premises, are the closest thing to thinking that individuals can engage in after their psyches, relationships, and communities have broken down. And it is only thus that (...) totalitarianism can achieve power, since it offers at least some form of connectedness and meaning, regardless how terrifying and violent. The danger persists, clearly, with the resurgence of the far Right, including in the extraordinary regime of Trump in the United States. From this I conclude that, along with the admirable calls to fight loneliness and rebuild our communities, we should also supplement all formal logical instruction and community education with instruction in creative thinking (including aesthetics), thereby discouraging the monomaniac reliance on formal logic as inadvertent weapon of totalitarianism. (shrink)

En 1968 Raquel Carson comenzaba una revolución en el pensamiento, quizá una de las de mayor peso en la actualidad. En su libro "La primavera silenciosa" acusaba del deterioro ambiental al poder ilimitado del ser humano. La creencia surgida en la modernidad de que todo lo que el hombre decidía era en sí mismo lo mejor por haber sido fruto de una voluntad libérrima, daba primacía y legitimidad absoluta a su acción sobre la naturaleza. Surgieron con gran fuerza numerosos grupos (...) ecologistas que adoptaron un pensamiento que responde al nombre de "ecología profunda" o "Deep Ecology" descrito por primera vez por Arme Naess en un artículo publicado por la revista Inquiry y titulado "The Shallow and the Deep, Long Range Ecology Movement". Los principios que proponía este movimiento (Naess 1984) pueden ser resumidos en ocho grandes puntos: 1) la vida de los seres no humanos es un valor en sí: 2) la riqueza y la diversidad de estas formas de vida son también valores en sí; 3) los seres humanos no pueden intervenir de manera destructiva en la vida; 4) a este respecto, la intervención humana actual es eminentemente excesiva; 5) por consiguiente, las reglas de juego deben ser radicalmente modificadas; 6) esta modificación radical debe hacerse tanto a nivel de las estructuras económicas como de las estructuras ideológicas y culturales; 7) a nivel ideológico, el cambio principal consiste en apreciar más la calidad de la vida que el goce de los bienes materiales; 8) las personas que acepten estos principios tienen la obligación de contribuir, directa o indirectamente a la realización de los cambios fundamentales que aquellos implican. (shrink)

Abstract: The integration of Artificial Intelligence (AI) into leadership practices is rapidly transforming organizational dynamics and decision-making processes. This paper explores the ways in which AI enhances leadership effectiveness by providing data- driven insights, optimizing decision-making, and automating routine tasks. Additionally, it examines the challenges leaders face when adopting AI, including ethical considerations, potential biases in AI systems, and the need for upskilling. By analyzing current applications of AI in leadership and discussing future trends, this study aims to offer a (...) comprehensive overview of the opportunities AI presents for effective leadership, as well as the strategies required to address its associated challenges. (shrink)

Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead of (...) time the ”niches” which constitute the boundary conditions on selec- tion. More generally, by the mathematical unprestatability of the ”phase space”, no laws of mo- tion can be formulated for evolution. We call this radical emergence, from life to life. The purpose of this paper is the integration of variation and diversity in a sound concep- tual frame and situate unpredictability at a novel theoretical level, that of the very phase space. Our argument will be carried on in close comparisons with physics and the mathematical constructions of phase spaces in that discipline. The role of symmetries as invariant preserving transformations will allow us to under- stand the nature of physical phase spaces and to stress the differences required for a sound biological theoretizing. In this frame, we discuss the novel notion of ”enablement”. Life lives in a web of enablement and radical emergence. This will restrict causal analyses to differential cases. Mutations or other causal differ- ences will allow us to stress that ”non conservation princi- ples” are at the core of evolution, in contrast to physical dynamics, largely based on conservation principles as sym- metries. Critical transitions, the main locus of symmetry changes in physics, will be discussed, and lead to ”extended criticality” as a conceptual frame for a better understanding of the living state of matter. (shrink)

This paper aims to determine knowledge management (KM) factors which have strong impact on high performance. Also, the study aims to compare KMM between intermediate colleges. This study was applied on three intermediate colleges in Gaza strip, Palestine. Asian productivity organization model was applied to measure KMM. Second dimension which assess high performance was developed by the authors. The controlled sample was 190. Several statistical tools were used for data analysis and hypotheses testing, including reliability correlation using Cronbach’s alpha, “ANOVA”, (...) simple linear regression and step wise regression and LSD test. The overall findings of the current study show that maturity level is in the second level. Findings also support the main hypothesis and its sub- hypotheses. The most important factors effecting high performance are the processes, KM leadership, people and KM outcomes. In addition, there are differences in high performance for college (PTC). Furthermore, the current study is unique by the virtue of its nature, scope and way of implied investigation, as it is the first comparative study between intermediate colleges in Palestine that explores the status of KMM using the Asian productivity model. Research limitations was that the survey findings were based on intermediate colleges in Gaza Strip. (shrink)

We study the conservation of energy, or lack thereof, when measurements are performed in quantum mechanics. The expectation value of the Hamiltonian of a system changes when wave functions collapse in accordance with the standard textbook treatment of quantum measurement, but one might imagine that the change in energy is compensated by the measuring apparatus or environment. We show that this is not true; the change in the energy of a state after measurement can be arbitrarily large, independent of the (...) physical measurement process. In Everettian quantum theory, while the expectation value of the Hamiltonian is conserved for the wave function of the universe, it is not constant within individual worlds. It should therefore be possible to experimentally measure violations of conservation of energy, and we suggest an experimental protocol for doing so. (shrink)

We defend three controversial claims about preference, credence, and choice. First, all agents (not just rational ones) have complete preferences. Second, all agents (again, not just rational ones) have real-valued credences in every proposition in which they are confident to any degree. Third, there is almost always some unique thing we ought to do, want, or believe.

Abstract: As the integration of Artificial Intelligence (AI) continues to permeate various sectors, the legal domain stands on the cusp of a transformative era. This research paper delves into the multifaceted relationship between AI and the law, scrutinizing the profound implications and innovative applications that emerge at the intersection of these two realms. The study commences with an examination of the current landscape, assessing the challenges and opportunities that AI presents within legal frameworks. With an emphasis on efficiency, accuracy, and (...) accessibility, AI technologies are reshaping traditional legal processes, ranging from document analysis and contract review to predictive legal analytics. Furthermore, the paper scrutinizes the ethical considerations and potential biases inherent in AI algorithms, exploring the delicate balance between technological advancements and the preservation of legal principles such as fairness, accountability, and transparency. The research also delves into the evolving role of legal professionals in navigating and overseeing AI applications, emphasizing the importance of responsible AI deployment. Drawing on case studies and real-world examples, this paper showcases instances where AI has already demonstrated its efficacy in legal contexts, highlighting successful implementations and identifying areas for improvement. The discussion extends to the evolving regulatory landscape, as legal systems grapple with the need to adapt and establish frameworks that ensure the responsible and ethical use of AI technologies. In conclusion, this research contributes to the growing discourse on the dynamic interplay between AI and the legal domain. By illuminating the potential benefits, ethical considerations, and regulatory challenges, it provides a comprehensive overview for legal practitioners, policymakers, and technologists alike, fostering a nuanced understanding of the evolving landscape where artificial intelligence intersects with the law. (shrink)

Many scholars of organizations see social enterprise as a promising approach to advancing social justice but neglect to scrutinize the normative foundations and limitations of this optimism. This article draws on Rawlsian political philosophy to investigate whether and how social enterprises can support social justice. We propose that this perspective assigns organizations a duty to foster institutional capacity, a concept we define and elaborate. We investigate how this duty might apply specifically to social enterprises, given their characteristic features. We theorize (...) six different mechanisms through which social enterprises might successfully discharge this duty. These results affirm the value of conversation between organizational studies and political philosophy and shed new light on debates regarding social enterprise, institutional theory, and several other topics. (shrink)

This research paper presents the development and evaluation of an expert system for diagnosing kidney diseases. The expert system utilizes a decision-making tree approach and is implemented using the CLIPS and Delphi frameworks. The system's accuracy in diagnosing kidney diseases and user satisfaction were evaluated. The results demonstrate the effectiveness of the expert system in providing accurate diagnoses and high user satisfaction.

Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two (...) sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

Discusses the question of the objectivity or subjectivity of moral judgments, hoping to illuminate it by contrasting moral and aesthetic judgments. In her critical assessment of the nature of moral judgments, Foot concludes that some such judgments (as e.g. that Nazism was evil) are definitely objective. The concept of morality here supplies criteria independent of local standards, which function as fixed starting points in arguments across local boundaries, whereas, by contrast, aesthetic truths can ultimately depend on locally determined criteria. More (...) problematic is the apparently different relation of moral and of aesthetic judgments to rational choice. Individuals may have no reason to choose what is beautiful, but we think that they must always have reason to choose what is morally right, which raises one of the most difficult problems in moral philosophy. (shrink)

In August 2021, Froese et al. published survey data collected from 2,543 respondents on their subjective experiences living under imposed social distancing measures during COVID-19 (1). The questionnaire was issued to respondents in the UK, Japan, and Mexico. By combining the authors’ expertise in phenomenological philosophy, phenomenological psychopathology, and enactive cognitive science, the questions were carefully phrased to prompt reports that would be useful to phenomenological investigation and theorizing (2–4). These questions reflected the various author’s research interests (e.g., technology, grief, (...) time). Between April 7th and July 31st, 2021, a second questionnaire with the same question set was issued to respondents of the original who had agreed to do a follow-up. This was intended to capture subjective reports of life under social distancing measures a year after the initial survey. By this time–depending on their country of residence and health status–respondents had potentially lived with repeated and prolonged lockdowns and a variety of other restrictions on their social lives. When taken together, Survey I and Survey II provide a cross-cultural and longitudinal dataset that allows for analysis of longer-term impacts of imposed social distancing measures on people’s experiences. For researchers working in diverse disciplines, this dataset offers a rich resource that reflects people’s reactions to the imposition of different social restrictions in different countries and over different time periods. (shrink)