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)

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

We argue that if Stephen Yablo (2005) is right that philosophers of mathematics ought to endorse a fictionalist view of number-talk, then there is a compelling reason for deflationists about truth to endorse a fictionalist view of truth-talk. More specifically, our claim will be that, for deflationists about truth, Yablo’s argument for mathematical fictionalism can be employed and mounted as an argument for truth-theoretic fictionalism.

Universal Basic Income has become a popular idea in the last few decades even though one can find its roots in the earlier centuries. In this thesis, I have examined the position of UBI in the works of the most influential contemporary philosophers. By connecting the idea of UBI with some certain concepts from different philosophers, I aimed to improve the overall understanding of UBI. I have mentioned the concepts such as "labor", "leisure", "idleness", "boredom", "poverty", "inequality", "distribution", "happiness", "power", (...) "needs", "truth", "alienation", etc. I have used a literature methodology for my research. I have tried to read and relate the concept of UBI with the works of 10 philosophers: Arthur Schopenhauer, Karl Marx, William James, Bertrand Russell, Michel Foucault, John Rawls, Robert Nozick, Noam Chomsky, Slavoj Zizek, Peter Singer. (shrink)

The question of truth is a broadly broached subject in Philosophy as it features along the entire historical and polemical growth of the discipline right from the time of the Ancients down to our Post-Modern era. Yet, the delimiting realization of being unable to register general success in our dogged attempts at truth and knowledge, mostly stares us blankly in the face, for matters on which philosophy endeavours to speculate on, are beyond the reach of definite knowledge.1 (...) Our theories of the universe open up to modifications, refutations, and further propositions, evidencing a historical development in philosophical inquiry. This generally is the growth of our science, of our knowledge. This paper critically seeks to examine Popper’s notion of verisimilitude. It takes us through the scientist’s journey from ignorance to truth, and the difference between probability and verisimilitude. It addresses the relevance of the theory of content in understanding verisimilitude, under its distinctions as quantitative and qualitative. Finally, it discusses corroboration and the criteria for theory-choice. (shrink)

This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though (...) they can be overridden, and (ii) that this is best explained by a view that takes these factors to correlate with rights. The second aim is to show that the truth of rights contributionism matters for normative ethics. More specifically, it is argued that rights contributionism clears the way for deontologists to justify the pre-theoretically plausible verdict that we have a duty to save the greater number in so-called Taurek scenarios – scenarios in which we have to choose between saving either a greater or a smaller number of different people. The chapter offers a novel and distinctively deontological explanation of this verdict that is based on the assumption that everyone has a pro tanto right to be saved in a Taurek scenario. (shrink)

We often think or say that someone was wrong about something but almost right about it or close to the truth. This can mean more than one thing. Here, I propose an analysis of the idea of being epistemically close to the truth. This idea plays an important role in our practice of epistemic evaluation and therefore deserves some detailed attention. I start with an exposition of the idea of getting things right by looking at the (...) main forms of reliabilism about true belief and belief acquisition. The focus on reliabilism is justified because everyone is a reliabilist in a basic sense. Section 2 develops a notion of closeness to the truth in two steps. Section 3 mentions some ways in which this notion is useful, one having to do with the Gettier problem. (shrink)

In Truth and Objectivity, Crispin Wright argues that because truth is a distinctively normative property, it cannot be as metaphysically insubstantive as deflationists claim.1 This argument has been taken, together with the scope problem,2 as one of the main motivations for alethic pluralism.3 We offer a reconstruction of Wright’s Inflationary Argument (henceforth IA) aimed at highlighting what are the steps required to establish its inflationary conclusion. We argue that if a certain metaphysical and epistemological view of a given (...) subject matter is accepted, a local counterexample to IA can be constructed. We focus on the domain of basic taste and we develop two variants of a subjectivist and relativist metaphysics and epistemology that seems palatable in that domain. Although we undertake no commitment to this being the right metaphysical cum epistemological package for basic taste, we contend that if the metaphysics and the epistemology of basic taste are understood along these lines, they call for a truth property whose nature is not distinctively normative—contra what IA predicts. This result shows that the success of IA requires certain substantial metaphysical and epistemological principles and that, consequently, a proper assessment of IA cannot avoid taking a stance on the metaphysics and the epistemology of the domain where it is claimed to be successful. Although we conjecture that IA might succeed in other domains, in this paper we don’t take a stand on this issue. We conclude by briefly discussing the significance of this result for the debate on alethic pluralism. (shrink)

This article informally presents a solution to the paradoxes of truth and shows how the solution solves classical paradoxes (such as the original Liar) as well as the paradoxes that were invented as counterarguments for various proposed solutions (“the revenge of the Liar”). This solution complements the classical procedure of determining the truth values of sentences by its own failure and, when the procedure fails, through an appropriate semantic shift allows us to express the failure in a classical (...) two-valued language. Formally speaking, the solution is a language with one meaning of symbols and two valuations of the truth values of sentences. The primary valuation is a classical valuation that is partial in the presence of the truth predicate. It enables us to determine the classical truth value of a sentence or leads to the failure of that determination. The language with the primary valuation is precisely the largest intrinsic fixed point of the strong Kleene three-valued semantics (LIFPSK3). The semantic shift that allows us to express the failure of the primary valuation is precisely the classical closure of LIFPSK3: it extends LIFPSK3 to a classical language in parts where LIFPSK3 is undetermined. Thus, this article provides an argumentation, which has not been present in contemporary debates so far, for the choice of LIFPSK3 and its classical closure as the right model for the truth predicate. In the end, an erroneous critique of Kripke-Feferman axiomatic theory of truth, which is present in contemporary literature, is pointed out. (shrink)

Consequentialist positions in philosophy spell out normative notions by recourse to final aims. Hedonistic versions of ETHICAL consequentialism spell out what is MORALLY right/justified via recourse to the aim of increasing pleasure and decreasing pain. Veritistic versions of EPISTEMIC consequentialism spell out what is EPISTEMICALLY right/justified via recourse to the aim of increasing the number of true beliefs and decreasing the number of false ones. Even though these theories are in many respects structurally analogous, there are also interesting (...) disanalogies. For example, popular versions of epistemic consequentialism implicitly endorse the truth-indication principle (which claims that a belief is epistemically justified only if there are factors indicating that the belief itself is true), whereas popular versions of ethical consequentialism do not subscribe to an analogous pleasure-indicating principle (which claims that an act is morally justified only if there are factors indicating that performing the act itself is pleasurable). In a first step I will argue that this difference rests on the fact that plausible versions of epistemic consequentialism have to meet certain constraints, which versions of ethical consequentialism do not have to satisfy. As these constraints can be easily met by incorporating the truth-indication principle, epistemic consequentialists tend to subscribe to it. In a second step I will investigate whether the identified constraints can also be met independent from the truth-indication principle. Are there plausible versions of veritistic epistemic consequentialism that reject the principle, thereby allowing that some beliefs can be epistemically justified even though no factors speak in favor of their truth? Building on ideas put forward by Ludwig Wittgenstein, Crispin Wright, and others, I will answer this question affirmatively. (shrink)

Theoretical reasoning aims at true beliefs; however, it rarely can grasp it. So, it would be plausible to define rationality in beliefs by the property of being consistent and truth-conducive. The gap between our justifications and the truth has raised a seemingly irresolvable problem in analytic epistemology called Gettier’ problem. Similarly, it seems that practical reasoning aims at right actions, but it doesn't follow that the action which is based on our practical reasoning would always be the (...) right and the best one. The gap between our practical reasoning and the right actions has caused a huge debate between internalists and externalists about the criterion for rationality in normative reasoning (as opposed to motivating reasoning). (shrink)

The usual interpretation of Republic 10 takes it as Socrates’ multilevel philosophical demonstration of the untruth and dangerousness of mimesis and its required excision from a well ordered polity. Such readings miss the play of the Platonic mimesis which has within it precisely ordered antistrophes which turn its oft remarked strophes perfectly around. First, this argument, famously concluding to the unreliability of image-makers for producing knowledge begins with two images—the mirror (596e) and the painter. I will show both undercut the (...) argument they introduce. Secondly, Socrates repeats the “three removes” argument three times. Each has its own object and philosophical axis. The “bed” argument (596a-598d) concerns the ontological status of images vis-à-vis human makers and the divine idea. The bit and bridle,” 601b-601d) emphasizes the epistemological status of image-making as beneath the human maker of bridles (having correct opinion) and the human user, who knows. This second takes away the ontological distinction which was the point of the first. Thus, any human being could be in any of the three positions—user, maker, imitator. This dance might bring one to doubt the conclusion that the imitator has “neither knowledge nor right opinion” (602a). Plato leads into his concluding psychological and moral argument (602c-605c) after a third variation of the 3 removes. This last gives us the image of the flute player (601d-602) as the one who knows and so can order the flute maker. We will conclude by considering what it is this flutist could know, and given that his art is itself a mimesis, who the imitator of this imitative artist could be. Thus attention to the differences among these examples opens a defense of the arts, which reverses many of the claims made against the arts within the ostensible “Platonic” argument. (shrink)

Could it be right to convict and punish defendants using only statistical evidence? In this paper, I argue that it is not and explain why it would be wrong. This is difficult to do because there is a powerful argument for thinking that we should convict and punish defendants using statistical evidence. It looks as if the relevant cases are cases of decision under risk and it seems we know what we should do in such cases (i.e., maximize expected (...) value). Given some standard assumptions about the values at stake, the case for convicting and punishing using statistical evidence seems solid. In trying to show where this argument goes wrong, I shall argue (against Lockeans, reliabilists, and others) that beliefs supported only by statistical evidence are epistemically defective and (against Enoch, Fisher, and Spectre) that these epistemic considerations should matter to the law. To solve the puzzle about the role of statistical evidence in the law, we need to revise some commonly held assumptions about epistemic value and defend the relevance of epistemology to this practical question. (shrink)

I defend a novel pragmatist account of truth that I call ‘truth from the agent point of view’ or ‘agential truth’, drawing on insights from Hilary Putnam. According to the agential view, as inquirers, when we take something to be truth-apt, we are taking ourselves and all other thinkers to be accountable to getting right a shared target that is independent of any individual's or community's view of that target. That we have this relationship to (...) truth is what enables our practices of disagreement and agreement, even when subject to the glare of self-conscious reflection, and represents a crucial ingredient in our capacity for rational thought. The resulting account shares elements with Huw Price's and Cheryl Misak's views, but also has important advantages over both. It also yields a surprising conclusion—that our best pragmatist account of truth may well be a version of the correspondence theory of truth. (shrink)

This article analyzes emerging artificial intelligence (AI)-enhanced lie detection systems from ethical and human resource (HR) management perspectives. I show how these AI enhancements transform lie detection, followed with analyses as to how the changes can lead to moral problems. Specifically, I examine how these applications of AI introduce human rights issues of fairness, mental privacy, and bias and outline the implications of these changes for HR management. The changes that AI is making to lie detection are altering the roles (...) of human test administrators and human subjects, adding machine learning-based AI agents to the situation and establishing invasive data collection processes as well as introducing certain biases in results. I project that the potentials for pervasive and continuous lie detection initiatives (“truth machines”) are substantial, displacing human-centered efforts to establish trust and foster integrity in organizations. I argue that if it is possible for HR managers to do so, they should cease using technologically-based lie detection systems entirely and work to foster trust and accountability on a human scale. However, if these AI-enhanced technologies are put into place by organizations by law, agency mandate, or other compulsory measures, care should be taken that the impacts of the technologies on human rights and wellbeing are considered. The article explores how AI can displace the human agent in some aspects of lie detection and credibility assessment scenarios, expanding the prospects for inscrutable, “black box” processes and novel physiological constructs (such as “biomarkers of deceit”) that may increase the potential for such human rights concerns as fairness, mental privacy, and bias. Employee interactions with autonomous lie detection systems rather with than human beings who administer specific tests can reframe organizational processes and rules concerning the assessment of personal honesty and integrity. The dystopian projection of organizational life in which analyses and judgments of the honesty of one’s utterances are made automatically and in conjunction with one’s personal profile provides unsettling prospects for the autonomy of self-representation. (shrink)

The issue discussed in this paper is as topical today as it was in the early modern period. The Reformation presented with heightened urgency the question of how to relate the system of beliefs and values regarded as fundamental by an established political community to alternative beliefs and values introduced by new groups and individuals. Through a discussion of the views on toleration advanced by some key early modern thinkers, this paper will revisit different ways of addressing this problem, focusing (...) on the relationship between truth and toleration. The comparison between different proposals in their historical and political contexts, will reveal a variety of understandings of toleration and of models for its promotion. These understandings will be shown to be grounded in different conceptions of religious belief, of its relation to truth, and of human reason’s ability to reach it. They will provide a map of possible models for addressing conflict in a pluralist world from which lessons of enduring relevance can be learnt. The upshot of the paper is that, from a theoretical point of view, the culprit in intolerance is not in itself belief in some objective truth. Some of the common assumptions about the denial of religious truth or the reduction of religious truth to a minimal creed as the best paths to universal toleration will be challenged. Likewise, the narrative centred on England and France which has led to the celebration of the heroes of a supposedly ‘universal’ toleration that still manages to exclude millions of people will be shown to be in need of significant revision. After discussing approaches based on the rights of the individual conscience and on the unknowability of religious truths above human reason, the paper will finally investigate whether grounds for a general and principled theory of toleration can be found in religious truth itself and, following the tradition of natural law, in some universal truth discoverable by natural reason. (shrink)

Inflationists have argued that truth is a causal-explanatory property on the grounds that true belief facilitates practical success: we must postulate truth to explain the practical success of certain actions performed by rational agents. Deflationists, however, have a seductive response. Rather than deny that true belief facilitates practical success, the deflationist maintains that the sole role for truth here is as a device for generalisation. In particular, each individual instance of practical success can be explained only by (...) reference to a relevant instance of a T-schema; the role of truth is just to generalise over these individualised explanations. I present a critical problem for this strategy. Analogues of the deflationist’s individualised explanations can be produced by way of explanation of coincidental instances of practical success where the agent merely has the right false beliefs. By deflationary lights, there is no substantive explanatory difference between such coincidental and non-coincidental instances of practical success. But the non-/coincidental distinction just is an explanatory distinction. The deflationist’s individualised explanations of non-coincidental instances of practical success must therefore be inadequate. However, I argue that the deflationist’s prospects for establishing an explanatory contrast between these cases by supplementing her individualised explanations are, at best, bleak. The inflationist, by contrast, is entitled to the obvious further explanatory premise needed to make sense of the distinction. As such, pending some future deflationary rejoinder, the deflationary construal of the principle that true belief facilitates practical success must be rejected; and with it the deflationary conception of truth. (shrink)

This book argues that moral philosophy should be based on seven scientific principles of theory selection. It then argues that a new moral theory—Rightness as Fairness—satisfies those principles more successfully than existing theories. Chapter 1 explicates the seven principles of theory-selection, arguing that moral philosophy must conform to them to be truth-apt. Chapter 2 argues those principles jointly support founding moral philosophy in known facts of empirical moral psychology: specifically, our capacities for mental time-travel and modal imagination. Chapter 2 (...) then shows that these capacities present human decisionmakers with a problem of diachronic rationality that includes but generalizes beyond, L.A. Paul’s problem of transformative experience: a problem that I call “the problem of possible future selves.” Chapter 3 then argues that a new principle of rationality—the Categorical-Instrumental Imperative—is the only rational solution to this problem, as it requires our present and future selves to forge and uphold a recursive, bi-directional contract with each another given mutual recognition of the problem. Chapter 4 then shows that the Categorical-Instrumental Imperative has three identical formulations analogous but superior to Immanuel Kant’s various formulations of his ‘categorical imperative.’ Chapter 5 shows that these unified formulas jointly entail a particular test of moral principles: a Moral Original Position similar to John Rawls’ famous ‘original position’, but which avoids a variety of problems with Rawls' model. Chapter 6 then shows that the Moral Original Position generates Four Principles of Fairness, which can then be combined into a single principle of moral rightness: Rightness as Fairness. This new conception of rightness is shown to reconcile four dominant moral frameworks (deontology, consequentialism, virtue ethics, and contractualism), as well as entail a new method of moral decisionmaking for applied ethics: a method of “principled fair negotiation” according to which applied ethical issues cannot be wholly resolved through principled debate, but must instead be resolved by actual negotiation and compromise. This method is then argued to generate novel, nuanced analyses of a variety of applied moral issues, including trolley cases, torture, and the ethical treatment of nonhuman animals. Chapter 7 then shows that Rightness as Fairness reconciles three leading political frameworks—libertarianism, egalitarianism, and communitarianism—showing how all three embody legitimate moral ideals that can, and should, be fairly negotiated against each other to settle the scope, and nature, of domestic, international, and global justice on an ongoing, iterated basis. Finally, Chapter 8 argues that Rightness as Fairness satisfies all seven of the principles of theory-selected defended in Chapter 1 more successfully than rival theories. (shrink)

In this article I challenge the positivist view that ethical statements are merely an expression of our emotions or preferences. I consider a moral statement, “Killing innocent civilians is wrong,” and argue that such a statement is a truthful moral norm. I show that what is fundamental to agreement in the realm of both facts and morals is a commonly shared attitude that determines human relatedness to the world. Scientific knowledge is a partial knowledge based on indifference, the state of (...) mind that constitutes scientific attitude. However, knowledge in morals does not presuppose indifference, but love. Once we accept that our thoughts and feelings are not incommunicable, we can arrive at inter-subjective and non-objective moral knowledge which results from our recognition of others as persons and our affective engagement with the world. (shrink)

Philosophy begins and ends in disagreement. Philosophers disagree among themselves in innumerable ways, and this pervasive and permanent dissent is a sign of their inability to solve philosophical problems and establish substantive truths. This raises the question: What should I do with my philosophical beliefs in light of philosophy's epistemic failure? In this open-access book, János Tozsér develops four possible answers into comprehensive metaphilosophical visions and argues that we cannot find peace either by committing ourselves to one of these visions (...) or by abandoning our philosophical beliefs. Tozsér calls this disheartening insight "the experience of breakdown", making the case that philosophy's truth-seeking and justificatory tools are unsuitable for establishing truths. Shedding light on the epistemic status of our philosophical beliefs, Tozsér adopts a broad approach to assess the metaphilosophical visions used by philosophers to interpret their own activity and determine their epistemic self-esteem. Open access was funded by the Research Centre for the Humanities, Hungary. (shrink)

Epistemic two-dimensional semantics, advocated by Chalmers and Jackson, among others, aims to restore the link between necessity and a priority seemingly broken by Kripke, by showing how armchair access to semantic intensions provides a basis for knowledge of necessary a posteriori truths. The most compelling objections to E2D are that, for one or other reason, the requisite intensions are not accessible from the armchair. As we substantiate here, existing versions of E2D are indeed subject to such access-based objections. But, we (...) moreover argue, the difficulty lies not with E2D but with the typically presupposed conceiving-based epistemology of intensions. Freed from that epistemology, and given the right alternative—one where inference to the best explanation provides the operative guide to intensions—E2D can meet access-based objections, and fulfill its promise of restoring the desirable link between necessity and a priority. This result serves as a central application of Biggs and Wilson, according to which abduction is an a priori mode of inference. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it (...) comes to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

Common-sense allows that talk about moral truths makes perfect sense. If you object to the United States’ Declaration of Independence’s assertion that it is a truth that ‘all men’ are ‘endowed by their Creator with certain unalienable Rights’, you are more likely to object that these rights are not unalienable or that they are not endowed by the Creator, or even that its wording ignores the fact that women have rights too, than that this is not the sort of (...) thing which could be a truth. Whether it is a truth or not seems beside the point, anyway; the writers of the Declaration could just have well written, ‘We hold it to be self-evident that all men are created equal, and also that it is self-evident that all men are endowed by their Creator with certain unalienable Rights,’ save only that its cadence would lack some of the poetic resonance of the version which garnered Hancock’s signature. Yet famously, ethical noncognitivists have proclaimed that moral sentences can’t be true or false – that, like ‘Hooray!’ or ‘dammit!’, they are not even the kinds of things to be true or false. Noncognitivism is sometimes even defined as the view that this is so, but even philosophers who define ‘noncognitivism’ more broadly, as consistent with the idea that moral sentences may be true or false, have believed that they needed to do important philosophical spadework in order to make sense of how moral sentences could be true or false. In this article we’ll look at the puzzle about moral truth as it is faced by early noncognitivists and by metaethical expressivists, the early noncognitivists’ contemporary cousins. We’ll look at what it would take for expressivists to ‘earn the right’ to talk about moral truths at all, and in particular at what it would take for them to earn the right to claim that moral truths behave in the ways that we should expect – including that meaningful moral sentences which lack presuppositions are true or false, and that classically valid arguments are truth-preserving.. (shrink)

Spinoza’s claims about true ideas are central to the Treatise on the Emendation of the Intellect. It is therefore worth trying to reconstruct what he means when he says that an idea is true. I argue that the three leading interpretations – correspondence, coherence, and causal – don’t explain key passages. I then propose a new interpretation. Roughly, I propose that an idea is true if and only if it represents an essence and was derived in the right kind (...) of way by the intellect from an innate idea of one’s own essence. In the final section I sketch why I believe this interpretation extends to his claims about truth and adequacy in the Ethics. (shrink)

In recent work, J. Adam Carter argues that truth-relativism should be compatible with the so-called conformist response to peer disagreement about taste to the effect that subjects should revise their opinions. However, Carter claims that truth-relativism cannot make sense of this response since it cannot make sense of the idea that when two subjects are recognised as epistemic peers, they should acknowledge that they are equally likely to be right about the targeted issue. The main aim of (...) this paper is a modest one: to argue that truth-relativists should not be worried about their alleged incompatibility with conformism for they should be non-conformists. (shrink)

Classical logic counts sentences such as ‘Alice is identical with Alice’ as logically true. A standard objection to classical logic is that Alice’s self-identity, for instance, is not a matter of logic because the identity of particular objects is not a matter of logic. For this reason, many philosophers argue that classical logic is not the right logic, and that it should be abandoned in favour of free logic — logic free of existential commitments with respect to singular terms. (...) In most standard free logics, sentences such as ‘Alice is identical with Alice’ are not logically true. This paper argues that this objection from existential commitments is some- what superficial and that there is a deeper reason why ‘Alice is identical with Alice’ should not be considered a logical truth. Indeed, a key fundamental thought about the nature of logic is that a logical truth is true in virtue of its logical form. The fundamental problem I raise is that a sentence such as ‘Alice is identical with Alice’ appears to not even be true in virtue of its logical form. Thus this paper argues that given that such a sentence is not true in virtue of its logical form, it should not be counted as logically true. It moreover argues, on the same grounds, that even the sentences which free logicians regard as logically true shouldn’t be regarded as logically true. So in this sense free logic is no repair to classical logic. (shrink)

In recent years, the growing number of persons to whom basic human rights have been explicitly denied—stateless persons, refugees, undocumented workers, sans papiers and unlawful combatants—has evidenced the logic of contemporary nation-state politics. According to this logic, the state defines itself by virtue of what it excludes while what is excluded is given no other recourse than the state for its protection. Hannah Arendt elucidates this logic when she observes that the stateless and the refugee can only be recognized as (...) human beings when they have already been recognized as citizens. Their appeal to human rights for protection was fruitless because they needed to have citizen rights, the recognition of a government, or of other citizens who can appeal to that government, in order to invoke these rights. In the terms Arendt uses to name political action, one needs to be seen and heard already, the privileges of those who are citizens, in order to appeal to be seen and heard. Just as political life (bios), in order to be free, was only possible once the necessities were accounted for in natural life (zoē), so citizenship is recognized to the exclusion of the non-citizen, that is, the merely human. -/- . (shrink)

This chapter investigates how a reading of Wittgenstein along the lines laid out by Cora Diamond makes room for a novel approach to ethical truth. Following Diamond, I develop the connection between the kinds of elucidatory propositions by means of which we spell out and maintain the shape of our theoretical thinking, such as “‘someone’ is not the name of someone” and “five plus seven equals twelve,” and the kind of propositions by means of which we spell out and (...) maintain the shape of ethical thinking, such as “slavery is unjust.” As Diamond points out in connection with the last example, this is a proposition that we take to be an undeniable truth; for anyone who would attempt to negate it would become unintelligible to us. In this sense this ethical truth spells out the limits of ethical thinking. And yet what counts as coherent thought about such matters tends to shift over time. Indeed the great difficulty of overcoming ethical disagreements has to do with the fact that what is at stake in them is not just the content, but the form and limits of thought. Nonetheless, Diamond proposes that ethical propositions may count as genuine truths. For this to make sense, a middle path between realism and relativism must be found. In order to show how this is possible, and in order to defend Diamond’s view, I propose to approach ethical truth by means of a disjunctivist strategy. On this approach, while we, just as much as our interlocutor, may at times be misled in our ethical thinking, and while we may at times fail to shape our ethical thought in ways that prevent us from gaining clarity on ethical matters, this does not detract from the fact that we may at times be right, and that we may then genuinely possess ethical truth. (shrink)

This paper attempts to address the question what logical strength theories of truth have by considering such questions as: If you take a theory T and add a theory of truth to it, how strong is the resulting theory, as compared to T? It turns out that, in a wide range of cases, we can get some nice answers to this question, but only if we work in a framework that is somewhat different from those usually employed in (...) discussions of axiomatic theories of truth. These results are then used to address a range of philosophical questions connected with truth, such as what Tarski meant by "essential richness" and the so-called conservativeness argument against deflationism. -/- This draft dates from about 2009, with some significant updates having been made around 2011. Around then, however, I decided that the paper was becoming unmanageable and that I was trying to do too many things in it. I have therefore exploded the paper into several pieces, which will be published separately. These include "Disquotationalism and the Compositional Principles", "The Logical Strength of Compositional Principles", "Consistency and the Theory of Truth", and "What Is Essential Richness?" You should probably read those instead, since this draft remains a bit of a mess. Terminology and notation are inconsistent, and some of the proofs aren't quite right. So, caveat lector. I make it public only because it has been cited in a few places now. (shrink)

In this chapter I argue that there are three different senses of 'lie' in Kant's moral philosophy: the lie in the ethical sense (the broadest sense, which includes lies to oneself), the lie in the 'juristic' sense (the narrowest sense, which only includes lies that specifically harm particular others), and the lie in the sense of right (or justice), which is narrower than the ethical sense, but broader than the juristic sense, since it includes all lies told to others, (...) including those who are bent on harming innocent others. (shrink)

Abstract. The aim of this paper is first to defend the intuition that truth is grounded in how things are and, second, to argue that this fact is consistent with Minimalism. After having cashed out that intuition in terms of explanatory claims of the form ‘if it is true that p, it is true that p because p’, I set out an argument against Minimalism which is based on the same intuition, and I argue that a strategy the minimalist (...) could adopt to resist the argument, i.e. to deny the correctness of the intuition, is flawed. Then I explain why the intuition is correct and I make some claims concerning the kind of explanations which are involved in it. Now the stage is set up to present the right way for the minimalist to resist the argument. I finally answer some objections. (shrink)

The starting point of this paper concerns the apparent difference between what we might call absolute truth and truth in a model, following Donald Davidson. The notion of absolute truth is the one familiar from Tarski’s T-schema: ‘Snow is white’ is true if and only if snow is white. Instead of being a property of sentences as absolute truth appears to be, truth in a model, that is relative truth, is evaluated in terms of (...) the relation between sentences and models. I wish to examine the apparent dual nature of logical truth (without dwelling on Davidson), and suggest that we are dealing with a distinction between a metaphysical and a linguistic interpretation of truth. I take my cue from John Etchemendy, who suggests that absolute truth could be considered as being equivalent to truth in the ‘right model’, i.e., the model that corresponds with the world. However, the notion of ‘model’ is not entirely appropriate here as it is closely associated with relative truth. Instead, I propose that the metaphysical interpretation of truth may be illustrated in modal terms, by metaphysical modality in particular. One of the tasks that I will undertake in this paper is to develop this modal interpretation, partly building on my previous work on the metaphysical interpretation of the law of non-contradiction (Tahko 2009). After an explication of the metaphysical interpretation of logical truth, a brief study of how this interpretation connects with some recent important themes in philosophical logic follows. In particular, I discuss logical pluralism and propose an understanding of pluralism from the point of view of the metaphysical interpretation. (shrink)

In this dissertation, I argue that we should be pluralists about truth and in turn, eliminativists about the property Truth. Traditional deflationists were right to suspect that there is no such property as Truth. Yet there is a plurality of pluralities of properties which enjoy defining features that Truth would have, were it to exist. So although, in this sense, truth is plural, Truth is non-existent. The resulting account of truth is indebted (...) to deflationism as the provenance of the suspicion that Truth doesn't exist. But it would be hasty to simply classify the account as deflationary. Each of the 'truth-like' properties that it recognizes is highly substantive--that is, complex and explanatorily potent. So we should deflate Truth by recognizing that it doesn't exist, but we should also recognize that one of the most vital tasks in truth theory is to discover the essences of the many truth-like properties. My aim here is to do precisely this. (shrink)

The traditional view in epistemology is that we must distinguish between being rational and being right (that is also, by the way, the traditional view about practical rationality). In his paper in this volume, Williamson proposes an alternative view according to which only beliefs that amount to knowledge are rational (and, thus, no false belief is rational). It is healthy to challenge tradition, in philosophy as much as elsewhere. But, in this instance, we think that tradition has it (...) class='Hi'>right. In this paper we defend our version of the traditional view and argue against Williamson’s alternative. (shrink)

This essay from 1999, republished in Notre Dame Magazine online in July 2023, explores how the 1950s were a time of fundamental transformations in American society, a time when the United States went fully megatechnic. The hugely increased power of military, corporate-industrial and “big science” institutions developed during the 1950s signaled the transformation to megatechnic America, with atomic bombs and nuclear testing, automobiles and televisions as key symbols of that transformation. Figures such as J. Robert Oppenheimer and Edward Teller illustrated (...) the battle between national security dictates controlling nuclear bomb testing and responsible science. -/- Since the Second World War the United States has been problematically guided by a power-oriented culture, which, in the names of national security and convenience, has tended to reshape America toward an increasingly hierarchical model of society based on the system requirements of a machine. This same era gave birth to a generalized economic prosperity in the United States, to the civil rights movement, to feminism, literary and artistic innovations, and to other openings of public equality and freedom. Yet the magnification of bureaucratic-corporate structures in that postwar, cold war prosperity has ultimately tended to restructure America against the basic requirements of democratic community. (shrink)

This article asserts that Philippine journalism practices parrhesia by exploring the present situation of the Philippine press vis-à-vis Foucault's concept of Parrhesia (fearless speech). Foucault's concept of Parrhesia is a feasible practice that gives a description as to why the Philippine press experience a curtailment of their rights in their duty to speak truth to power. Foucault claims that the practice of parrhesia is a critique of present circumstances, or what Foucault calls 'history of the present,' where a specific (...) regime of truth is imposed by power via a variety of strategies that run through both institutional and non-institutional practices. In contrast, the Philippine press battles the Duterte administration and its machinery of misinformation in social media amidst the repercussions they might face, all in the name of their duty and obligation to the truth. At present, as the Philippine press continues to do the duty of monitoring Duterte's political power, journalists and press workers continually face dangers and harassments in striving to fulfill their duties as independent monitors of power, and resisting the fascistic tendency of the present government that does everything in its power to control and repress anyone that dares to challenge his power. (shrink)

Philip Kitcher has argued for a causal correspondence view of truth, as against a deflationary view, on the grounds that the former is better poised than the latter to explain systematically successful patterns of action. Though Kitcher is right to focus on systematically successful action, rather than singular practical successes, he is wrong to conclude that causal correspondence theories are capable of explaining systematic success. Rather, I argue, truth bears no explanatory relation to systematic practical success. Consequently, (...) the causal correspondence view is not in a better position to explain success than the deflationary view; theories of truth are the wrong place to look for explanations of systematic practical success. (shrink)

All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the problem (...) of the Palestinian refugees an agreement cannot be reached. And the problem cannot possibly be solved without addressing the key Palestinian demand on this issue — the right of return. For both sides, the right of return, more than any other issue, touches on the essence of their history since the beginning of the conflict between them, and on their future. The national narrative of each side thus centers on its version of the history of the 1948 Arab-Israeli war, in the course of which the Palestinian refugee problem was created. And each side maintains the fundamental belief that its future national existence hinges on whether, and how, the issue of the right of return is resolved. For the Palestinians, the right of return is an inalienable right that defines their national identity and their struggle for liberation. For Israeli Jews, the right of return is perceived as an existential threat to the Jewish character of their society, if not to its very existence. It is not surprising, therefore, that within each of the two societies a national consensus has been built around this issue and that the position of each society seems to stand in complete opposition to that of the other. However, we argue that a morally and politically sound basis could and should be established for a workable solution and that such a basis can be provided by the notion of "transitional justice." Transitional justice stresses two major steps as necessary for reconciliation between parties involved in an historic conflict: recognition and restitution. Recognition entails revealing the historical truth about the injustices committed and according their victims dignity and respect as rights-bearing human beings. Restitution is meant to alleviate some of the material deprivation suffered by the victims and is also a form of recognition. In the Israeli-Palestinian case, recognition by Israel of the right of return would entail its assumption of responsibility for the uprooting of the majority of Palestinian society in 1948. This would satisfy a demand that has become a fundamental element in Palestinian national identity. Recognition would then enable the two parties to enter negotiations over restitution, in particular the implementation of the right of return. In these negotiations, as many Palestinian political leaders have indicated, the concerns of Israeli Jews with their national identity would be taken into account. Only if the fundamental concerns of the two parties, which center on the issue of the right of return, are met can the road towards reconciliation between them be opened. (shrink)

Populism has become one of the most intensely discussed topics in both public debate and academic research. So far there has been no systematic argumentation theoretic analysis of populism, however. This paper is intended to provide first steps towards such an analysis by giving a full argumentation theoretic reconstruction of the political manifesto of the German right-wing populist party “Alternative for Germany” (AfD). This allows to draw preliminary conclusions about the AfD’s argumentative strategy as exemplary for right-wing populism.

Happy accidents happen even in philosophy. Sometimes our arguments yield insights despite missing their target, though when they do others can often spot it more easily. Consider the work of Donald Davidson. Few did more to explore connections among mind, language, and world. Now that we have critical distance from his views, however, we can see that Davidson’s accomplishments are not quite what they seem. First, while Davidson attacked the dualism of conceptual scheme and empirical content, he in fact illustrated (...) a way to hold it. Second, while Davidson used the principle of charity to argue against the dualism, his argument in effect treats the principle as constitutive of a conceptual scheme. And third, while Davidson asserted that he cannot define what truth ultimately is—and while I do not disagree—his work nonetheless allows us to saymore about truth than Davidson himself does. -/- I aim to establish these three claims. Doing so enriches our understanding of issues central to the history of philosophy concerning how, if at all, to divvy up the mental or linguistic contribution, and the worldly contribution, to knowledge. As we see below, Davidson was right in taking his work to be one stage of a dialectic begun by Immanuel Kant.1 He was just wrong about what that stage is. Reconsidering Davidson’s views also moves the current debate forward, as they reveal a previously unrecognized yet intuitive notion of truth—even if Davidson himself remained largely unaware of it. We begin however with scheme/content dualism and Davidson’s argument against it. (shrink)

The Church faces a number of challenges concerning the sociological impact postmodernism is having on society. And one very significant area that has been profoundly disputed is the epistemological content of the concept of truth. Evangelical Christians believe in Objectivism: the conviction that there exists some ahistorical (outside of history) source, foundation or framework to which we can appeal to in determining the substance and nature of truth, knowledge, reality, right or wrong that is independent and external (...) to personal experience or thinking. However, the majority of people no longer believe in absolute truth but in relativism. Relativism is the denial that there exists such an ahistorical source or foundation that we can appeal to. Truth, knowledge, reality, right and wrong are all concepts that are relative to a specific conceptual scheme, framework, or paradigm founded in a society, religion and culture. This paper represents an endeavour to dialogically reunite the two perspectives by arguing for the seeking of the truths in both perspectives. God is Objective Truth and has become involved in history: in the existential; in the material setting of our relative and infallible thoughts and the slanted interpretative experiences of the Triune God and life. The synthesis will be an affirmation that for Christians Truth is discovered and revealed in fellowship within community. And members of the Body of Christ are first and finally called to reveal and demonstrate truth to the world - in their unity. (shrink)

The Canadian Truth and Reconciliation Commission on Indian Residential Schools is a novel foray into a genre previously associated with so-called “transitional” democracies from the post- Communist world and the global South. This basic fact notwithstanding, a systematic comparison with the broader universe of truth commission-hosting countries reveals that the circumstances surrounding the Canadian TRC are not entirely novel. This article develops this argument by distilling from the transitional justice literature several bases of comparison designed to explain how (...) a truth commission’s capacity to promote new cultures of justice and accountability in the wake of massive violations of human rights is affected by the socio-political context in which the commission occurs; the injustices it is asked to investigate; and the nature of its mandate. It concludes that these factors, compounded by considerations unique to the Canadian context, all militate against success. If Canadian citizens and policymakers fail to meet this profound ethical challenge, they will find themselves occupying the transition-wrecking role played more fami- liarly by the recalcitrant and unreformed military and security forces in the world’s more evidently authoritarian states. (shrink)

This thesis engages with three topics and the relationships between them: (i) the phenomenon of disagreement (paradigmatically, where one person makes a claim and another denies it); (ii) the normative character of disagreements (the issue of whether, and in what sense, one of the parties is “at fault” for believing something that’s untrue); (iii) the issue of which theory of what truth is can best accommodate the norms relating belief and truth. People disagree about all sorts of things: (...) about whether climate is changing, death penalty is wrong, sushi is delicious, or Louis C.K. is funny. However, even focusing on disagreements in the evaluative domain (e.g., taste, moral and comedic), where people have the intuition that there is ‘no fact of the matter’ about who is right, there are significant differences that require explanation. For instance, disagreement about taste is generally perceived as shallow. People accept to disagree and live comfortably with that fact. By contrast, moral disagreement is perceived as deep and sometimes hard to tolerate. Comedic disagreement is similar to taste. However, it may involve an element of ‘intellectual snobbery’ that is absent in taste disagreement. The immediate questions are whether these contrasts allow of precise characterization and what is responsible for them. I argue that, once a case is made for the truth-aptness of judgments in these areas, the contrast can be explained in terms of variable normative function of truth – as exerting a lightweight normative constraint in the domain of taste and a stricter constraint in the moral domain. In particular I claim that while truth in the moral domain exerts a sui generis deontic control, this normative feature of truth is silent in both the taste and the comedic domains. This leads me to investigate how to conceive of truth in the light of normative variability. I argue that an amended version of deflationism – minimally inflated deflationism – can account for the normative variability of truth. (shrink)

This chapter argues that Davidson's truth-theoretic semantics was not intended to replace the traditional pursuit of providing a compositional meaning theory but rather to achieve the same aim indirectly by placing conditions on a truth theory that would enable someone who understood it to understand its object language. The chapter argues that by placing constraints on the axioms of a Tarski-style truth theory, namely, that they interpret the terms for which they give satisfaction conditions, and specifying a (...) suitable canonical proof procedure that issues in T-sentence that remove all the metalanguage semantic terms from the right hand side and draw intuitively only on the content of the axioms, we can use the theory to interpret object language sentences. It further argues that if we ask what body of knowledge one must be in possession of to interpret the language, it turns out to be a set of propositions about the truth theory but not the axioms of the truth theory itself. This shows how to avoid the problem of the semantic paradoxes and the problem of vagueness. (shrink)

We want God to make sense, to be reasonable, to act according to how we think God should act. This kind of thinking, though, is not far from where we live today. If I give money to the church, then God will bless me financially. If I have my “quiet time” in scripture, then God will bless my day. If I raise my children right, then surely they will turn out right. In themselves these actions are good and (...) right; however, we have to ask ourselves, “Do our motives emerge from the desire to give a place to the mystery of faith, or, rather, to conquer mystery?”. (shrink)

Several studies have lately revealed that social media conceal at least three dangerous pitfalls. Firstly, social media can negatively impact sociopolitical processes in advanced liberal democracies by becoming vehicles for the spread of false information that augments political polarization (Lee et al. 2017; Ostillio 2018). Secondly, as a result of the first point, social mediacan rapidly become a source of incorrect beliefs for those subjects with low digital literacy (Guess et al. 2019). Thirdly, because of the first and second points, (...) intentionally deceitful manipulations of social media content are potent generators of information cascades that increase group polarizations across groups of vulnerable social media users (Jang and Kim2018, Wang et al. 2018, Colliander 2019). These findings support the claim that the circulation of biased content on social media potentially threatens sociopolitical stability in liberal Western democracies (Duffy 2018; Sunstein 2018). Although this claim is far from being speculative, as shown by the FacebookFile investigations (Wall Street Journal 2019) and the center for humane technology’s recen tresearch, it introduces a thorny dilemma regarding the founding principles of liberal Western democracies. Namely, should Western legislators limit free speech by introducing severe penalties for those who spread fake news and the likes on social media? Or should they let the free market autonomously produce efficient technology allowing people to identify biased social media content?In other words, is a libertarian solution to the plight of online fake news and the like preferable to adequate legislation that punishes those who spread such content? Though appealing, it is unrealistic to believe that the free market can resolve this problem. On the other hand, it is realistic to suppose that Western governments should engage in a merciless battle against biased social media content. For instance, following the publication of the Report of the independent High level Group on fake news and online disinformation in 2018, the European Union introduced new directives to limit the spread of fake news online in 2021, when the Covid19 pandemic started fading. Although initiatives as such might look like limitations of free speech, there is solid philosophical ground to defend such initiatives. To prove this contention, we resort to Hobbes’s (1651, Part II, §18 and §29) argument that humans can avoid falling back into the Hobbesian state of war only if they stipulate a covenant. Specifically, we appeal to Hobbes’s (1651) argument in favor of bestowing the sovereign the right to ban those seditious doctrines that might undermine peace and sociopolitical stability in the Hobbesian Commonwealth. In this regard, we show that the Hobbesian covenant resolves conflict among humans in the same way a correlated equilibrium limits noncooperation in game theory. Namely, like game theory players, citizens enjoy greater welfare whenever they observe rules that mitigate conflict (Slomp 2010). Accordingly, we argue that citizens would be better off only if Western governments introduced severe penalties for those who intentionally spread fake news. Notably, we argue that effective regulation would create disincentives for spreading biased content and incentives for spreading truthful content. Furthermore, we argue that effective regulation against online fake news would assuage the polarizing effects of online availability cascades on social networks. Importantly, we provide empirical evidence supporting these claims by showing that the lack of effective regulation led the American government to miserably fail to contain the devasting effects of the online infodemic (i.e., the epidemic of false online information)that took place during the first two waves of the Covid19 pandemic (Evanega et al. 2020, Milosh et al. 2020). (shrink)

Heidegger and Sartre developed the projects of their fundamental ontologies within the framework of the phenomenological approach. The traditional view of reality is based on dualistic oppositions of ideal and material, spirit and body, reality and possibility, and visibility and essence. It is phenomenology that enables elimination of the above-mentioned dualisms and restoration of the world’s ontological unity on a reliable foundation. Though Sartre’s existentialism was exposed to criticism both from right, and from the left intellectuals, and is not (...) a “fashionable” current at present, and the fundamental ontology of Heidegger was estimated by Levinas as ontology of the power subject-centred line, nevertheless the author considers that attention which is paid in these concepts to such phenomena as the voice of conscience, care and freedom represents the most urgent philosophical value nowadays; the author in this regard points to insufficient validity of modern criticism of approaches of Heidegger and Sartre, in particular–reproaches in a subject-centred line from adherents of “ontology of the Other”. (shrink)

In this paper I will be concerned with the question as to whether expressivist theories of meaning can coherently be combined with deflationist theories of truth. After outlining what I take expressivism to be and what I take deflationism about truth to be, I’ll explain why I don’t take the general version of this question to be very hard, and why the answer is ‘yes’. Having settled that, I’ll move on to what I take to be a more (...) pressing and interesting version of the question, arising from a prima facie tension between deflationism about truth and the motivations underlying expressivism for what I take to be two of its most promising applications: to indicative conditionals and epistemic modals. Here I’ll argue that the challenge is substantive, but that there is no conceptual obstacle to its being met, provided that one’s expressivism takes the right form. (shrink)

Purists think that changes in our practical interests can’t affect what we know unless those changes are truth-relevant with respect to the propositions in question. Impurists disagree. They think changes in our practical interests can affect what we know even if those changes aren’t truth-relevant with respect to the propositions in question. I argue that impurists are right, but for the wrong reasons, since they haven’t appreciated the best argument for their own view. Together with “Minimalism and (...) the Limits of Warranted Assertability Maneuvers,” “The Pragmatic Encroachment Debate,” and “Anti-Intellectualism” (below), this paper constitutes my attempt to refute the entire pragmatic encroachment debate. As I show in this paper, there is an argument for impurism sitting in plain sight that is considerably more plausible than any extant argument for pragmatism. (shrink)

The democratic surprises of 2016—Brexit and the Trump phenomenon—fueled by “fake news”, both real and imagined, have come to constitute a centrifugal, nationalistic, even tribal moment in politics. Running counter to the shared postwar narrative of increasing internationalism, these events reignited embers of cultural and moral relativism in academia and public discourse dormant since the culture wars of the 1990s and ‘60s. This counternarrative casts doubt on the value of belief in universal human rights, which many in the humanities and (...) social sciences argue have of late been used as instruments of postcolonial oppression. This book essay introduces three texts written before the dawn of the latest “post-truth” era—The Sociology of Human Rights by Mark Frezzo, The Political Sociology of Human Rights by Kate Nash, and Keeping Faith with Human Rights by Linda Hogan—that address moral skepticism of human rights. Along with these authors, the essay briefly treats human rights’ past and prospects, analogizing it to the waves of feminist thought: in international politics, developing nations first desired a seat at the table and repeal of discriminatory laws and practices; when one-nation-one-vote did not result in equal treatment, the persistence of hierarchy helped developing nations awaken to their own evolving national identities and they wished to be recognized as not only equal, but different and unique. The essay recapitulates and amplifies these authors’ argument that the contemporary challenge for all nations, their citizens, and for the human rights community is to deliberatively decide what values unite these identities beyond simple self-determination and extend them toward the goal of a just global whole. The essay also makes an original contribution in summarizing the initial post-war debate in the United Nations that birthed the 1948 Declaration of Human Rights, which has been subject to revisionism and perspectivism typical of cultural and moral relativism. It provides some social scientific, historical, and philosophic grounding for serious conversation of the ideas of truths in politics, and universal, transcultural goods and rights that underpin the authority of the international human rights regime in theory and practice. It does so while recognizing the serious epistemological challenges to this universalist conception, chiefly: how a social construct can be both time-bound human creation and continue to be morally binding across space, time, and the accelerated change global citizens of all corners are experiencing, simultaneously yet in their own way. (shrink)