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)

Hume seems to contend that you can’t get an ought from an is. Searle professed to prove otherwise, deriving a conclusion about obligations from a premise about promises. Since (as Schurz and I have shown) you can’t derive a substantive ought from an is by logic alone, Searle is best construed as claiming that there are analytic bridge principles linking premises about promises to conclusions about obligations. But we can no more derive a moral obligation to pay up from the (...) fact that a promise has been made than we can derive a duty to fight a duel from the fact that a challenge has been issued – just conclusions about what we ought to do according to the rules of the relevant games. Hume suggests bridge principles that would take us from the rules of the games to conclusions about duties, but these principles are false. My argument features an obstreperous earl, an anarchist philosopher and a dueling Prime Minister. (shrink)

An interview by Alex Thomson of UKColumn on Landgrebe and Smith's book: Why Machines Will Never Rule the World. The subtitle of the book is Artificial Intelligence Without Fear, and the interview begins with the question of the supposedly imminent takeover of one profession or the other by artificial intelligence. Is there truly reason to be afraid that you will lose your job? The interview itself is titled 'Where this is no will there is no way', drawing on one (...) thesis of the book to the effect that there will never be anything like the human will on the part of a machine. This is for mathematical reasons. AI is always and in every case a matter of algorithms; thus of applied mathematics. And algorithms are not the sorts of things that can want or desire or intend to do something. It is the human will of those who work at OpenAI or google or microsoft which have given rise to the new shiny objects of AI (ChatGPT and other Large Language Models). And it is the human will of the users of these shiny objects which gives them the resources and power to work their apparent miracles. (shrink)

Brief comment upon Sartre's analysis of Berkeley from Being and Nothingness.

In this open peer commentary, we concur with the three target articles’ analysis and positions on abortion in the special issue on Roe v. Wade as the exercise of reproductive liberty essential for the bioethical commitment to patient autonomy and self-determination. Our proposed OPC augments that analysis by explicating more fully the concept crucial to Roe of fetal personhood. We explain that the development and use of predictive reproductive technologies over the fifty years since Roe has changed the literal image, (...) and thereby the epistemological landscape, through which a prospective parent comes to know the fetus. The logic of Roe required a legal and ethical denial of fetal personhood to prioritize maternal autonomy over claims to fetal moral personhood. Our claim is that such a denial may be more complicated today. The fetal person genetic testing and reproductive imaging now presents to prospective parents has become an increasingly individualized, distinct medicalized picture of a developing person with which a parent can either identify or differentiate. In contrast, the fetal person of Roe was an abstract and vague figure stripped of most human particulars, a pregnancy rather than the specific individualized human entity reproductive technology now presents as a person to prospective parents. We discuss the implications of this shift and call for a more capacious analysis of reproductive ethics that works towards both reproductive and disability justice. (shrink)

Heidegger, Art, and Postmodernity offers a radical new interpretation of Heidegger's later philosophy, developing his argument that art can help lead humanity beyond the nihilistic ontotheology of the modern age. Providing pathbreaking readings of Heidegger's 'The Origin of the Work of Art' and his notoriously difficult Contributions to Philosophy, this book explains precisely what postmodernity meant for Heidegger, the greatest philosophical critic of modernity, and what it could still mean for us today. Exploring these issues, Iain D. Thomson examines (...) several postmodern works of art, including music, literature, painting and even comic books, from a post-Heideggerian perspective. Clearly written and accessible, this book will help readers gain a deeper understanding of Heidegger and his relation to postmodern theory, popular culture and art. (shrink)

A central debate in philosophy and neuroscience pertains to whether PFC activity plays an essential role in the neural basis of consciousness. Neuroimaging and electrophysiology studies have revealed that the contents of conscious perceptual experience can be successfully decoded from PFC activity, but these findings might be confounded by post- perceptual cognitive processes, such as thinking, reasoning, and decision-making, that are not necessary for con- sciousness. To clarify the involvement of the PFC in consciousness, we present a synthesis of research (...) that has used intracranial electrical stimulation (iES) for the causal modulation of neural activity in the human PFC. This research provides compelling evidence that iES of only certain prefrontal regions (i.e., orbitofrontal cortex and anterior cingu- late cortex) reliably perturbs conscious experience. Conversely, stimulation of anterolateral prefrontal sites, often con- sidered crucial in higher-order and global workspace theories of consciousness, seldom elicits any reportable alterations in consciousness. Furthermore, the wide variety of iES-elicited effects in the PFC (e.g., emotions, thoughts, and olfactory and visual hallucinations) exhibits no clear relation to the immediate environment. Therefore, there is no evidence for the kinds of alterations in ongoing perceptual experience that would be predicted by higher-order or global workspace theories. Nevertheless, effects in the orbitofrontal and anterior cingulate cortices suggest a specific role for these PFC subregions in supporting emotional aspects of conscious experience. Overall, this evidence presents a challenge for higher-order and global workspace theories, which commonly point to the PFC as the basis for con- scious perception based on correlative and possibly confounded information. (shrink)

Background Consent policies for post-mortem organ procurement (OP) vary throughout Europe, and yet no studies have empirically evaluated the ethical implications of contrasting consent models. To fill this gap, we introduce a novel indicator of governance quality based on the ideal of informed support, and examine national differences on this measure through a quantitative survey of OP policy informedness and preferences in seven European countries. -/- Methods Between 2017–2019, we conducted a convenience sample survey of students (n = 2006) in (...) Austria (AT), Belgium (BE), Denmark (DK), Germany (DE), Greece (GR), Slovenia (SI) and Spain (ES), asking participants about their donation preferences, as well as their beliefs and views about the policy in place. From these measures, we computed indices of informedness, policy support, and fulfilment of unexpressed preferences, which we compared across countries and consent systems. -/- Results Our study introduces a tool for analyzing policy governance in the context of OP. Wide variation in policy awareness was observed: Most respondents in DK, DE, AT and BE correctly identified the policy in place, while those in SI, GR and ES did not. Respondents in opt-out countries (AT, BE, ES and GR) tended to support the policy in place (with one exception, i.e., SI), whereas those in opt-in countries (DE and DK) overwhelmingly opposed it. These results reveal stark differences in governance quality across countries and consent policies: We found a preponderance of informed opposition in opt-in countries and a general tendency towards support–either informed or uninformed–in opt-out countries. We also found informed divergence in opt-in countries and a tendency for convergence–either informed or uninformed–among opt-out countries. -/- Conclusion Our study offers a novel tool for analyzing governance quality and illustrates, in the context of OP, how the strengths and weaknesses of different policy implementations can be estimated and compared using quantitative survey data. (shrink)

Companies committed to corporate social responsibility should ensure that their managers possess the appropriate competencies to effectively manage the CSR adaptation process. The literature provides insights into the individual competencies these managers need but fails to prioritize them and adequately contextualize them in a manner that makes them meaningful in practice. In this study, we contextualized the competencies within the different job roles CSR managers have in the CSR adaptation process. We interviewed 28 CSR managers, followed by a survey to (...) explore the relative importance of the competencies within each job role. Based on our analysis, we identified six distinct managerial roles, including strategic, coordinating, and stimulating roles. Next, we identified per role key individual CSR-related competencies as prioritized by the respondents. Our results show that the context, as indicated in this study by CSR managers’ job roles, indeed influenced the importance of particular CSR-related competencies, because each role seems to require a different combination and prioritization of these competencies. Moreover, the results suggest that the relative importance of these competencies within each role may be driven by business logic rather than an idealistic logic. The results are presented as a competence profile which can serve as a reflection tool and as a frame of reference to further develop the competence profile for CSR managers. (shrink)

This paper presents a preliminary analysis of the first participatory budgeting experiment in the United States, in Chicago's 49th Ward. There are two avenues of inquiry: First, does participatory budgeting result in different budgetary priorities than standard practices? Second, do projects meet normative social justice outcomes? It is clear that allowing citizens to determine municipal budget projects results in very different outcomes than standard procedures. Importantly, citizens in the 49th Ward consistently choose projects that the research literature classifies as low (...) priority. The results are mixed, however, when it comes to social justice outcomes. While there is no clear pattern in which projects are located only in affluent sections of the ward, there is evidence of geographic clustering. Select areas are awarded projects like community gardens, dog parks, and playgrounds, while others are limited to street resurfacing, sidewalk repairs, bike racks, and bike lanes. Based on our findings, we offer suggestions for future programmatic changes. (shrink)

Exposome research is put forward as a major tool for solving the nature-versus-nurture debate because the exposome is said to represent “the nature of nurture.” Against this influential idea, we argue that the adoption of the nature-versus-nurture debate into the exposome research program is a mistake that needs to be undone to allow for a proper bioethical assessment of exposome research. We first argue that this adoption is originally based on an equivocation between the traditional nature-versus-nurture debate and a debate (...) about disease prediction/etiology. Second, due to this mistake, exposome research is pushed to adopt a limited conception of agential control that is harmful to one's thinking about the good that exposome research can do for human health and wellbeing. To fully excise the nature-versus-nurture debate from exposome research, we argue that exposome researchers and bioethicists need to think about the exposome afresh from the perspective of actionability. We define the concept of actionability and related concepts and show how these can be used to analyze the ethical aspects of the exposome. In particular, we focus on refuting the popular “gun analogy” in exposome research, returning results to study participants and risk-taking in the context of a well-lived life. (shrink)

Parkinson's Disease (PD) is a long-term degenerative disorder of the central nervous system that mainly affects the motor system. The symptoms generally come on slowly over time. Early in the disease, the most obvious are shaking, rigidity, slowness of movement, and difficulty with walking. Doctors do not know what causes it and finds difficulty in early diagnosing the presence of Parkinson’s disease. An artificial neural network system with back propagation algorithm is presented in this paper for helping doctors in identifying (...) PD. Previous research with regards to predict the presence of the PD has shown accuracy rates up to 93% [1]; however, accuracy of prediction for small classes is reduced. The proposed design of the neural network system causes a significant increase of robustness. It is also has shown that networks recognition rates reached 100%. (shrink)

Universal Game Theory - The theory that all of life is a game played by consciousness’es, (Living Beings). The board is a dream like structure of the universe. The progression is through an active process of intent witnessing, and passive meditation. Which releases the tension in the nerves of the body and leads to selfless actions, moral goodness, and eventually the finish, Enlightenment. Just like a wounded creature only cares about it’s own self. Man in tensionthrough self-centered thought only thinks (...) about his own predicaments. Even if he is thinking about others it is only through his own objectionable view from his false-created center. The enemy or deterrents in the game is the conditioning created by society for ambition, greed, control and general brain washing to give theindividual a false sense of identity, the ego. This is achieved by Religion; tradition, culture, education, reasoning, linear thought, and the creation of time. Leaving him/her in constant anxiety about millions of future contingencies. Through witnessing one realizes the whole futility of one dimensional thought which only leads to more and more thought. Simple or constructed elaborately, thought being time, a human construction. The final step of the Universal Game Theory is understanding the whole process of thought and the eventual revelation of Enlightenment, Bliss, ecstasy. Which the person then understands that he/she is the creator of the life/dream with which they are in. That point being a sexual ecstasy similar to what happens in death to men. i.e. Human males release semenwhen they die, having a sexual ecstasy at their last breath. (shrink)

A longish (12 page) discussion of Richard Sorabji's excellent book, with a further discussion of what it means for a theory of emotions to be a cognitive theory.

In this paper, we presented antoher concept of neutrosophic open sets called neutrosophic semi-α-open sets and studied their fundamental poperties in neutrosophic topological spaces. We also present neutrospohic semi-α-interior and neutrosophic semi-α-closure and study some of their fundamental properties.

Common everyday materials such as textiles, foodstuffs, soil or skin can have complex, mutable and varied appearances. Under typical viewing conditions, most observers can visually recognize materials effortlessly, and determine many of their properties without touching them. Visual material perception raises many fascinating questions for vision researchers, neuroscientists and philosophers, yet has received little attention compared to the perception of color or shape. Here we discuss some of the challenges that material perception raises and argue that further philosophical thought should (...) be directed to how we see materials. (shrink)

Judith Jarvis Thomson (1929-2020), philosophe américaine parmi les figures les plus marquantes dans l’étude de la normativité et de l’éthique, s’est éteinte ce 20 novembre à l’âge de 91 ans. Professeure émérite au MIT, sa carrière s’est étendue sur cinq décennies consacrées à la recherche, à l’enseignement et à la publication de plusieurs articles et ouvrages sur la nature des valeurs, des normes et des droits. Parmi ses ouvrages les plus importants, nous rappelons The Realm of Rights (1990), Goodness (...) and Advice (2001) et Normativity (2008). (shrink)

The concept of sustainable development considers environmental, social and economic issues in general. And the goals of resource conservation and socio-economic development do not contradict each other, but contribute to mutual reinforcement. The purpose of this study is to build and test an economic and mathematical model for the formation of strategies for the behavior of an economic entity with an increase in the impact of negative environmental factors. The proposed strategies and their models are based on the income-expenditure balance (...) equation, which takes into account both quantitative and qualitative characteristics. The constructed models are considered in the state space. The research methodology is based on building models in the form of linear combinations of functions of a homogeneous external impact and various spatial combinations of economic sources (sinks). The study makes it possible to assess the dependence of the amount of resources used for life support on the chosen adaptive strategy. Within the framework of the proposed model, it was found that the criterion for the effectiveness of the applied strategy can be an indicator of satisfaction with the state, the preservation of which, simultaneously with the preservation of the size of resources used, corresponds to the direction of optimization. This approach is consistent with the concept of sustainable development. (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)

Analysis of Heidegger on Plato's Doctrine of Truth, the Cave Allegory.

Analysis of Hegel on Malebranche, Berkeley and Hume.

Providing the most thorough coverage available in one volume, this comprehensive, broadly based collection offers a wide variety of selections in four major genres, and also includes a section on film. Each of the five sections contains a detailed critical introduction to each form, brief biographies of the authors, and a clear, concise editorial apparatus. Updated and revised throughout, the new Fourth Edition adds essays by Margaret Mead, Russell Baker, Joan Didion, Annie Dillard, and Alice Walker; fiction by Nathaniel Hawthorne, (...) Ursula K. LeGuin, Anton Chekov, James Joyce, Katherine Mansfield, F. Scott Fitzgerald, William Faulkner, Alice Walker, Louise Erdrich, Donald Barthelme, and James McPherson; poems by John Donne, Robert Browning, Walt Whitman, Edwin Arlington Robinson, e.e. cummings, Langston Hughes, W.H. Auden, Philip Levine, and Louise Gluck; and plays by August Wilson, Marsha Norman, Wendy Wasserstein, and Vaclav Havel. The chapter devoted to film examines the relation of film to literature and gives the complete screenplay for Citizen Kane plus close analysis of a scene from the film. With its innovative structure, comprehensive coverage, and insightful and stimulating presentation of all kinds of literature, this is an anthology readers will turn to again and again. (shrink)

Analysis of Bernard Williams' refusal to commit, and Pierre Trudeau's actions during the October Crisis of 1970.

Although an inverse relationship between religion and deviance is empirically well-established in the western context, previous studies on Islam and deviance conducted in non-western countries are limited. To address this gap in deviance research, we hypothesized that individual religiosity would be inversely related to deviance with the inverse relationship being more likely for ascetic than anti-ascetic or secular deviance. To test this hypothesis, we applied ordinary least squares and logistic regression methods to analyze data collected from 2,005 survey participants of (...) a Turkish public university student population. Regression results provided partial support for the hypothesis, as we found that religiosity was inversely related to both ascetic and secular deviance. The observed inverse relationship is noteworthy in that it was found in an institutionally secular, Muslim country. Implications of our findings are discussed. (shrink)

Analysis of Berkeley's "twofold state of things".

Analysis of the Deductions in Plato's Parmenides.

Notes on De L'Homme by Helvetius with quotations in French.

Commentary upon ten papers on the subject of Hegel's Lectures on Fine Art, his Aesthetics.

Analysis of the Deductions in Plato's Parmenides.

The thesis of this article is that there has never been any ground for the controversy between the doctrine of free will and determinism, that it is based upon a misapprehension, that the two assertions are entirely consistent, that one of them strictly implies the other, that they have been opposed only because of our natural want of the analytical imagination. In so saying I do not tamper with the meaning of either phrase. That would be unpardonable. I mean free (...) will in the natural and usual sense, in the fullest, the most absolute sense in which for the purposes of the personal and moral life the term is ever employed. I mean it as implying responsibility, merit and demerit, guilt and desert. I mean it as implying, after an act has been performed, that one " could have done otherwise " than one did. I mean it as conveying these things also, not in any subtly modified sense but in exactly the sense in which we conceive them in life and in law and in ethics. These two doctrines have been opposed because we have not realised that free will can be analysed without being destroyed, and that determinism is merely a feature of the analysis of it. And if we are tempted to take refuge in the thought of an "ultimate ", an "innermost" liberty that eludes the analysis, then we have implied a deterministic basis and constitution for this liberty as well. For such a basis and constitution lie in the idea of liberty. -/- The thesis is not, like that of Green or Bradley, that the contending opinions are reconciled if we adopt a certain metaphysic of the ego, as that it is timeless, and identifies itself with a desire by a " timeless act". This is to say that the two are irreconcilable, as they are popularly supposed to be, except by a theory that delivers us from the conflict by taking us out of time. Our view on the contrary is that from the natural and temporal point of view itself there never was any need of a reconciliation but only of a comprehension of the meaning of terms. (The metaphysical nature of the self and its identity through time is a problem for all who confront memory, anticipation, etc.; it has no peculiar difficulties arising from the present problem.) -/- I am not maintaining that determinism is true; only that it is true insofar as we have free will. That we are free in willing is, broadly speaking, a fact of experience. That broad fact is more assured than any philosophical analysis. It is therefore surer than the deterministic analysis of it, entirely adequate as that in the end appears to be. But it is not here affirmed that there are no small exceptions, no slight undetermined swervings, no ingredient of absolute chance. All that is here said is that such absence of determination, if and so far as it exists, is no gain to freedom, but sheer loss of it; no advantage to the moral life, but blank subtraction from it. -- When I speak below of "the indeterminist" I mean the libertarian indeterminist, that is, him who believes in free will and holds that it involves indetermination. (shrink)

Библиогр.: с. 190-206.В настоящей книге мы стремились обрисовать контуры нормативной модели смены фундаментальных научных теорий продемонстрировать эффективность ее применения на примере перехода «Лоренц – Эйнштейн». Нелишне еще раз подчеркнуть, что ни сама модель, ни задаваемые ей теоретические реконструкции ни в коей мере не являются окончательными. Единственное, на что претендует автор, – это лишь на то, что они лучше – в определенных аспектах – предложенных к настоящему времени моделей и реконструкций. Поэтому не только нельзя констатировать, что все проблемы – методологического и (...) историко-научного характера (даже сформулированные в начале данного исследования) – полностью и окончательно решены. Напротив, предлагаемая концепция ставит (а иногда по-новому формулирует) ряд сложных и интеречных задач. Перечислим вкратце некоторые из них. Во-первых, желательно выяснить, насколько данная концепция является универсальной, уточнить область ее применимости. Может ли она претендовать на реконструкцию всех процессов смены в истории физики, и если не может, то каких именно? Ответ на последний вопрос представляет для модели исключительный интерес, поскольку он может указать на возможные направления ее дальнейшего совершенствования. Скажем, способна ли наша концепция дать достаточно адекватные описания переходов «Птолемей – Коперник» или «Аристотель – Галилей – Ньютон»? Далее, применима ли наша модель к развитию других естественных наук, скажем, к историям химии и биологии? Может ли она описать переходы «Пристли – Лавуазье» или «Ламарк – Дарвин»? Во-вторых, как «работает» модель в современной физике? Способна ли она указать определенные направления крайне актуального сейчас синтеза общей теории относительности и квантовой теории поля? Некоторые попытки (см., например, Нугаев, 1987) обнадеживают, но до реальных результатов еще далеко. В-третьих, реконструкция научной революциив физике в начале XX века также ставит не меньше проблем чем решает. Несмотря на то, она ориентирует исследователей на единое, целостное рассмотрение двух рассматривавшихся, как правило, изолированно, научных революций – квантовой и релятивистской – встает вопрос о более детальном рассмотрении взаимодействия «эйнштейновской» и «боровской» программ. Дальнейшее продвижение в этом направлении предполагает рассмотрение, возможно, под новым углом зрения, истории становления квантовой механики начиная с 20-х годов. И, наконец, последней (отнюдь не по важности) является проблема взаимодействия когнитивных и социальных факторов в процессе смены фундаментальных теорий. Иногда отказ от стандартной гипотетико-дедуктивной интерпретации естественнонауч-ной теории (см. подробнее введение) воспринимается как свидетельство в пользу так называемой «сильной программы» социологии науки, сформулированной Д. Блуром, с. Барнсом и др. (см., например, обзор «Современная западная социология науки», 1988). С точки зрения сторонников этой программы, движущие силы развития научного познания определяются не внутренними факторами развития науки, а ее социокультурным окружением. Именно последнее оказывает решающее влияние на смену фундаментальных теорий. Например, согласно работе американского историка науки П. Формана «Веймарская культура, причинность и квантовая теория», причиной перехода от классической механики к квантовой было распространение среди немецких физиков экзистенциалистской « философии жизни», характеризующейся антагонизмом к рациональности. Одним из каналов, через который индетерминистские настроения «проникали» в среду немецких ученых, была философия Шпенглера (см. подробнее Мамчур, 1987). Как справедливо (там же) отмечает Е. А. Мамчур, необходимо проводить различие между социальной природой познания, его социокультурной обусловленностью и социокультурной детермина-цией. Концепция социальной природы познания – важнейший принцип гносеологии: подлинным субъктом познания является все человеческое общество. Согласно тезису о социокультурной обусловленности познания, разделяемому подавляющим большинством исследователей (см., например, Бляхер и Волынская, 1976; Казютинский, 1979; Карпинская, 1980; Кузнецова, 1984; Пахомов, 1985 и др.), социокультурные факторы через философию, картину мира, идеалы научного познания оказывают определенное влияние на процесс научного познания. Но тезис о социокультурной детерминации требует, чтобы социокультурные факторы определяли саму внутреннюю логику развития науки и, как таковой, вызывает определенные трудности в интерпретации различных периодов развития науки (подробнее см. Мамчур, 1987). (shrink)

There are many problems about business ethics. What I want to deal with is only part of the problem: I want to consider just what can properly be expected of business in general terms by way of ethical behaviour and, along with that, what is special about business ethics and how it is related to the personal morality we are all expected to exhibit in our day-to-day lives; I want to consider how it is that ethical confusions arise from people's (...) mistaking the relationship between personal morality and business ethics; and I want to consider what can be done by way of education in business ethics to raise the standards and just what role philosophical ethics can play in that. (shrink)

In this essay, we suggest practical ways to shift the framing of crisis standards of care toward disability justice. We elaborate on the vision statement provided in the 2010 Institute of Medicine (National Academy of Medicine) “Summary of Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations,” which emphasizes fairness; equitable processes; community and provider engagement, education, and communication; and the rule of law. We argue that interpreting these elements through disability justice entails a commitment to both (...) distributive and recognitive justice. The disability rights movement's demand “Nothing about us, without us” requires substantive inclusion of disabled people in decision‐making related to their interests, including in crisis planning before, during, and after a pandemic like Covid‐19. (shrink)

The God Experiment – Let there be Light -/- The question “What is real?” can be traced back to the shadows in Plato’s cave. Two thousand years later, Rene Descartes lacked knowledge about arguing against an evil´ deceiver feeding us the illusion of sensation. Descartes’ epistemological concept later led to various theories of what our sensory experiences actually are. The concept of ”illusionism”, proposing that even the very conscious experience we have – our qualia – is an illusion, is not (...) only a red-pill scenario found in the 1999 science fiction movie ”The Matrix” but is also a philosophical concept promoted by modern tinkers, most prominently by Daniel Dennett. He describes his argument against qualia as materialistic and scientific. Reflection upon a possible simulation and our perceived reality was beautifully visualized in “The Matrix”, bringing the old ideas of Descartes to coffee houses around the world. Irish philosopher Bishop Berkeley was the father of what has later been coined as “subjective idealism”, basically stating that “what you perceive is real” (e.g., ”The Matrix” is real because its population perceives it). Berkeley then argued against Isaac Newton’s absolutism of space, time, and motion in 1721, ultimately leading to Ernst Mach and Albert Einstein’s respective views. Several neuroscientists have rejected Dennetts’ perspective on the illusion of consciousness, and idealism is often dismissed as the notion that people want to pick and choose the tenets of reality. Even Einstein ended his life on a philosophical note, pondering the very foundations of reality. With the advent of quantum technologies based on the control of individual fundamental particles, the question of whether our universe is a simulation isn’t just intriguing. Our ever-advancing understanding of fundamental physical processes will likely lead us to build quantum computers utilizing quantum effects for simulating nature quantum-mechanically in all complexity, as famously envisioned by Richard Feynman. Finding an answer to the simulation question will potentially alter our very definition and understanding of life, reshape theories on the evolution and fate of the universe, and impact theology. No direct observations provide evidence in favor or against the simulation hypothesis, and experiments are needed to verify or refute it. In this paper, we outline several constraints on the limits of computability and predictability in/of the universe, which we then use to design experiments allowing for first conclusions as to whether we participate in a simulation chain. We elaborate on how the currently understood laws of physics in both complete and small-scale universe simulations prevent us from making predictions relating to the future states of a universe, as well as how every physically accurate simulation will increase in complexity and exhaust computational resources as global thermodynamic entropy increases. Eventually, in a simulation in which the computer simulating a universe is governed by the same physical laws as the simulation and is smaller than the universe it simulates, the exhaustion of computational resources will halt all simulations down the simulation chain unless an external programmer intervenes or isn’t limited by the simulation’s physical laws, which we may be able to observe. By creating a simulation chain and observing the evolution of simulation behavior throughout the hierarchy taking stock of statistical relevance, as well as comparing various least complex simulations under computability and predictability constraints, we can gain insight into whether our universe is part of a simulation chain. -/- Index Terms—Simulation, simulation hypothesis, quantum computing, universe, life, intelligence. (shrink)

Modern physics describes the mechanics of the Universe. We have discovered a new foundation for physics, which explains the components of the Universe with precision and depth. We quantify the existence of Aether, subatomic particles, and the force laws. Some aspects of the theory derive from the Standard Model, but much is unique. A key discovery from this new foundation is a mathematically correct Unified Force Theory. Other fundamental discoveries follow, including the origin of the fine structure constant and subatomic (...) particle g-factors, a slight correction of neutron magnetic moment, a geometrical structure for charge, the quantification of electromagnetic charge as separate from electrostatic charge, a more precise meaning of spin, the quantification of space-resonance in five dimensions, and a new system of quantum units. The Aether quantifies as a fabric of quantum rotating magnetic fields with electromagnetic, electrostatic, and gravitational dipole structures. Subatomic particles quantify as angular momentum encapsulated in a quantum, rotating magnetic field. All quantum, atomic, and molecular processes can be precisely modeled, leading to discrete physics with new understandings and insights. (shrink)

Our thesis asks the question, for Berkeley does there exist a succession of ideas in the mind of God? Presented are five chapters. First, we consider Berkeley's definition(s) of the term, God. We contend that two distinct and opposing definitions of God emerge. Second, in the context of both definitions of God we assess Berkeley's Theory of Knowledge and his definition of the term, notion. By way of this analysis we argue that Berkeley himself maintains that only one of his (...) two definitions of God is comprehensible and applicable to his metaphysics. Third, we turn to Berkeley's definition(s) of the term idea as interpreted through the one comprehensible definition of God that Berkeley posits. The distinction that Berkeley makes between archetypal and ectypal ideas will be considered in this light. Fourth, in relation to our analyses of God, notions and ideas, we consider Berkeley's Theory of Cause and Effect with respect to action, or the agency of finite spirits, humans. And fifth, we discuss the interpretations of various commentators with respect to the topics and questions that arise throughout the course of our investigation. Finally, we offer concluding remarks in answer to our original question. Does there exist for Berkeley a succession of ideas in the mind of God? (shrink)

This reply to an ongoing debate between conspiracy theory researchers from different disciplines exposes the conceptual confusions that underlie some of the disagreements in conspiracy theory research. Reconciling these conceptual confusions is important because conspiracy theories are a multidisciplinary topic and a profound understanding of them requires integrative insights from different fields. Specifically, we distinguish research focussing on conspiracy *theories* (and theorizing) from research of conspiracy *belief* (and mindset, theorists) and explain how particularism with regards to conspiracy theories does not (...) mean we cannot define a problematic subclass of conspiracy beliefs, while avoiding the problems of generalism. We hope this reply helps conspiracy theory researchers recognize the differences between studying conspiracy theories and conspiracy beliefs and appreciate the possibilities for fruitful, integrative, and interdisciplinary research. (shrink)

As well as disagreeing about how much one should donate to charity, moral theories also disagree about where one should donate. In light of this disagreement, how should the morally uncertain philanthropist allocate her donations? In many cases, one intuitively attractive option is for the philanthropist to split her donations across all of the charities that are recommended by moral views in which she has positive credence, with each charity’s share being proportional to her credence in the moral theories that (...) recommend that particular charity. Despite the fact that something like this approach is already being used by real-world philanthropists to distribute billions of dollars of donations, it is not supported by any of the approaches to moral uncertainty that have been proposed thus-far in the philosophical literature. In this paper, we will develop a bargaining-based approach to moral uncertainty that honors the proportionality intuition in favor of splitting one’s donations. We also show how this bargaining-based approach has several further advantages over the best alternative proposals. (shrink)

How, if at all, is knowing how to do something defeasible? Some, the “intellectualists”, treat the defeasibility of knowledge-how as in some way derivative on the defeasibility of knowledge-that. According to a recent proposal by Carter and Navarro (Philos Phenomenol Res 3:662–685, 2017), knowledge-how defeat cannot be explained in terms of knowledge-that defeat; instead, knowledge-how defeat merits and entirely separate treatment. The thought behind “separatism” is easy to articulate. Assuming that knowledge of any kind is defeasible, since knowledge-that and knowledge-how (...) are fundamentally different beasts, the best accounts of their defeasibility must reflect the underlying differences between them. I reject a separatist treatment of the defeasibility of knowledge-that and knowledge-how. One can acknowledge certain important differences between knowledge-that and knowledge-how without thereby needing two theories of defeasibility. Ultimately, though, I’ll argue that the defeasibility of basic knowledge-how, unlike non-basic knowledge-how, is a much more difficult issue than has been acknowledged. (shrink)

There are many different kinds of libertarianism. The first is right libertarianism, which received its most powerful expression in Robert Nozick’s Anarchy, State and Utopia (1974), a book that still sets the baseline for discussions of libertarianism today. The second, I will call faux libertarianism. For reasons I will explain in this paper, most ‘man-on-the-street’ libertarians and most politicians who claim to be libertarians are actually this kind of libertarian. And third, there is left libertarianism, which is what I shall (...) spend most of this paper explicating. But I will not simply be surveying the views of those who identify as left libertarians and put this forth as if I were engaged in an exegetical exercise. Instead, what I shall set forth is a kind of manifesto, a statement of why I consider myself a left libertarian, one that takes this approach to political morality well beyond where it was left around the end of the last century by the previous generation of left libertarians. My hope is to provide those who find certain left libertarian ideas attractive a guide by which they can explain and harmonise their own views, recognise left libertarianism as a distinct comprehensive political doctrine, and feel more open to identify themselves as left libertarian too. (shrink)