Mens rea means a guilty mind; guilty knowledge and wilfulness without clear permission to do so. The 1924 Declaration of the Rights of the Child and the 1948 Universal Declaration of Human Rights, followed by the 1959 Declaration of the Rights of the Child have all been ignored by the UK Home Secretary and the UK Prime Minister. These universal laws place the child in the nexus of the State, the parents, and the broader society. The 1959 Declaration claims in (...) its Preamble, that “mankind owes to the child the best it has to give” and it contains ten principles outlining numerous rights of children. See also, Philip Alston, “The Best Interests Principles towards a reconciliation of culture and human rights”, (1994), 8, International Journal of Law and the Family, 1-25, 6. -/- . (shrink)

Police tried and tested methods over many decades are still important in our high-tech age. The first 48 hours after police discover that a crime has been committed are said to be crucial for gathering vital evidence. After then, it becomes more difficult to gather good evidence and the likelihood of that perpetrator being caught is diminished, it has been believed. However, in modern times, police must keep up with forensic science methods and be aware of all current updated protocols (...) and procedures in their jurisdiction. -/- . (shrink)

The trial took place at Bristol Crown Court, England, United Kingdom for the murder of Joanna Yeates, and Dr Vincent Tabak was the Defendant. The author attended at court for this trial and this paper notes many of the obvious and unsatisfactory legal and procedural points in this trial. Dr Vincent Tabak was convicted of the murder at this trial. Of course the jury were not to know the finer points of law as the lower court judge did not advise (...) the jury of any such points before they adjourned to make their decision. All but one concluded that Dr Tabak was guilty as charged, although even the charge was vague and all-encompassing as he was charged with ‘murder between Friday 17 December 2010 and Sunday 19 December 2010’. Defence counsel, very eminent barrister-at-law, appeared to be cowed by the other side and let them walk all over this case procedurally. For example, prosecution counsel handed him 1200 pages of evidence on the first day of the trial, as if to FULFIL disclosure obligations. E was stunned and asked the court for time off. But this was never again discussed. -/- The lower court judge appeared as if he had already decided on the case. When Defence Counsel asked him if he had before him a copy of a certain document, he flippantly say he had it but had left it on his desk in his room. When Defence Counsel, of international renown, was ready to present his opening speech and cross-examination of his client, Dr Vincent Tabak, this lower court judge dismissed the jury to their lunch break knowing that counsel was going to speak. Court had to be adjourned and the members of the jury quickly assembles by the court porters as they were leaving the court, which must have hampered their interest in what counsel’s statement said. A photograph of a dead body by a roadside, allegedly, Miss Yeates, was shown by projector slide a dozen irrelevant times during the trial period, thus embedding that photograph in the jury’s mind. The computer evidence leaves much to be desired and could, some suggested, easily have been concocted by the prosecution team, abusing the law of metadata evidence. Te lady who presented it did not give the court her qualifications and her expertise if any- and much more that beggars belief and loses trust in the British Criminal Justice System, such as it is, following ‘form over substance’. -/- . (shrink)

The paper argues that the moral philosophy of Thomas Hobbes is unified by a complex conception of reason that imposes consistency norms of both rationality and reasonableness. Hobbes’s conceptions of rightness as reciprocity, and moral goodness as sociability belong to an original and attractive moral theory that is neither teleological nor classically deontological, nor as interpreters have variously argued, subjectivist, contractarian, egoist, or dependent on divine command.

A fresh translation and in-depth commentary of Leibniz's seminal text, the Monadology. -/- Written in 1714, the Monadology is widely considered to be the classic statement of Leibniz's mature philosophy. In the space of 90 numbered paragraphs, totalling little more than 6000 words, Leibniz outlines - and argues for - the core features of his philosophical system. Although rightly regarded as a masterpiece, it is also a very condensed work that generations of students have struggled to understand. -/- Lloyd (...) Strickland presents a new translation of the Monadology, alongside key parts of the Theodicy, and an in-depth, section-by-section commentary that explains in detail not just what Leibniz is saying in the text but also why he says it. The sharp focus on the various arguments and other justifications Leibniz puts forward makes possible a deeper and more sympathetic understanding of his doctrines. (shrink)

The focus of this paper is a suite of Latin papers from 1685, some of which are still unpublished, in which Leibniz writes in the guise of a Catholic in order to defend Catholicism and counter Protestant objections, and this despite him being a lifelong Lutheran. After providing an overview of these writings (which I refer to as Leibniz’s “Catholic” writings) and the grounds for dating them to May–June 1685, I consider their purpose, arguing against the claim that they were (...) intended to support Church reunion and suggesting instead that they were apologetic in nature, intended as a reactivation or reimagining of Leibniz’s earlier “Catholic Demonstrations” project. I identify the patron Leibniz had in mind for these writings as Landgrave Ernst von Hessen-Rheinfels and support this by a detailed comparison of the “Catholic” writings with the Leibniz-Landgrave correspondence and the Landgrave’s still-unpublished essays. This reveals that the Protestant arguments Leibniz uses in the “Catholic” writings are the very ones that he himself used when writing to the Landgrave, and that the responses Leibniz gives to these arguments are the very ones that the Landgrave used. I also consider the context of the writings, suggesting they were crafted during a period of personal uncertainty for Leibniz and possibly aimed at securing a position under the Landgrave. (shrink)

One of the most original contributions to the optimism debate of the eighteenth century was put forward by the maverick French Enlightenment thinker, André-Pierre Le Guay de Prémontval, in an essay entitled “General misunderstanding on the question of optimism”. This essay, which seeks to develop a “middle point” between the polarized pro- and anti-optimist positions that characterized the optimism debate, prefigures the development of process or neoclassical theism in important ways. The essay is presented here in English for the first (...) time, along with an analysis of the essay itself and of the context in which it was written. (shrink)

In 1753, the Berlin Academy announced that the focus of the prize essay contest of 1755 would be optimism, with entrants required (among other things) ‘to put forward arguments that will be thought most fitting to confirm or destroy this system’. In line with these instructions, entrants submitted essays that were either pro- or anti-optimism. This was to the dismay of one of the judges of the contest, André-Pierre Le Guay de Prémontval (1716–1764), who had, by his own admission, surreptitiously (...) attempted to influence the entrants by sketching out a ‘middle point’ between the polarized pro- and anti-optimist positions in a series of books published between 1754 and 1755, namely Thoughts on Freedom, The Diogenes of d’Alembert, and On Chance under the Rule of Providence. The aim of this essay is to elucidate and historically contextualize Prémontval’s highly original ‘middle point’, as outlined implicitly in the aforementioned books and much more explicitly in a series of essays published after the essay contest had concluded. (shrink)

This chapter examines the pioneering work of Gottfried Wilhelm Leibniz (1646-1716) on various number systems, in particular binary, which he independently invented in the mid-to-late 1670s, and hexadecimal, which he invented in 1679. The chapter begins with the oft-debated question of who may have influenced Leibniz’s invention of binary, though as none of the proposed candidates is plausible I suggest a different hypothesis, that Leibniz initially developed binary notation as a tool to assist his investigations in mathematical problems that were (...) exercising him at the time, namely those concerning the divisibility of composite numbers, primality, and perfect numbers. The chapter then explores Leibniz’s development of binary, his little-known work on binary fractions and expansions, his use of binary as a symbol for creation in his philosophical-theology, and his response to the suggestion that there was a correlation between binary numeration and the hexagrams of the ancient Chinese divinatory text, the Yijing. The chapter then focuses on Leibniz’s work on other number systems, in particular his invention and exploration of hexadecimal as well as his work on duodecimal. The chapter concludes by revealing a hitherto unknown practical application of binary that Leibniz devised in the last year of his life. (shrink)

When natural selection theory was presented, much active philosophical debate, in which Darwin himself participated, centered on its hypothetical nature, its explanatory power, and Darwin's methodology. Upon first examination, Darwin's support of his theory seems to consist of a set of claims pertaining to various aspects of explanatory success. I analyze the support of his method and theory given in the Origin of Species and private correspondence, and conclude that an interpretation focusing on the explanatory strengths of natural selection theory (...) accurately reflects neither Darwin's own self-consciously held views, nor the nature of his support. Darwin's methodological and philosophical arguments were at once consistently empiricist and more sophisticated than such interpretations credit to him. (shrink)

Shelly Kagan has recently defended the view that it is morally worse for a human being to suffer some harm than it is for a lower animal (such as a dog or a cow) to suffer a harm that is equally severe (ceteris paribus). In this paper, I argue that this view receives rather less support from our intuitions than one might at first suppose. According to Kagan, moreover, an individual’s moral status depends partly upon her ‘modal capacities.’ In this (...) paper, I argue that the most natural strategy for justifying Kagan’s theory faces some important challenges. More generally, I argue that philosophers who wish to defend the view that human beings have a higher moral status than that of the lower animals face a dilemma. Either their theory of moral status will imply (unacceptably) that some severely cognitively impaired human beings have a significantly lower moral status than that of typical human beings, or these philosophers will be forced to ground moral status in a set of properties so far removed from a subject’s actual capacities that it will become difficult to see why these kinds of properties should have such moral importance. (shrink)

Purdue Pharma was being investigated by United States Civil and Criminal compliance agencies for many years and a conclusion has now been reached. Although successful , this author feels that such extremely serious corporate frauds must also punish senior individual executives with long jail sentences -in this case-corporate manslaughter.

Leibniz’s lengthy theological treatise, Examen religionis christianae, has long puzzled scholars. Although a lifelong Lutheran who spurned many attempts to convert him to Catholicism, in the Examen Leibniz defends the Catholic position on a range of matters of controversy, from justification of the sinner to transubstantiation, from veneration of images to communion under both kinds. Inevitably, when finally published in 1819, the Examen quickly became the focus of a heated and sometimes ill-tempered debate about Leibniz’s true religious commitments. For many, (...) what was at stake was not simply the interpretation of a particular text but the very soul of Leibniz, that universal genius and ornament of Europe. The aim of this paper is to chart the various ways in which the earliest readers of the Examen responded to the text and sought to understand it. Such a study will enable us not only to see the varying and quite contrasting interpretations put forward for Leibniz’s motive for writing the Examen, some of which inform contemporary interpretations, but also give us the opportunity to take a deeper look at certain features of the text and the context in which it was written. (shrink)

One of the more exotic and mysterious features of Leibniz’s later philosophical writings is the harmony between the kingdom of nature and the kingdom of grace. In this paper I show that this harmony is not a single doctrine, but rather a compilation of two doctrines, namely (1) that the order of nature makes possible the rewards and punishments of rational souls, and (2) that the rewards and punishments of rational souls are administered naturally. I argue that the harmony is (...) best considered as Leibniz’s distinctive collation, development, and rebranding of these doctrines, which were not themselves unique to Leibniz, nor uncommon in the seventeenth century. There follows a detailed examination of various concrete examples of the harmony in operation, from which I show that it is essentially the culmination of Leibniz’s lifelong thinking about divine justice. (shrink)

A question that has been largely overlooked by philosophers of religion is how God would be able to effect a rational choice between two worlds of unsurpassable goodness. To answer this question, I draw a parallel with the paradigm cases of indifferent choice, including Buridan's ass, and argue that such cases can be satisfactorily resolved provided that the protagonists employ what Otto Neurath calls an ‘auxiliary motive’. I supply rational grounds for the employment of such a motive, and then argue (...) against the views of Leibniz and Nicholas Rescher to show that this solution would also work for God. (shrink)

At the end of 1671 and start of 1672, while in the service of the Archbishop and Elector of Mainz, Leibniz composed his Egypt Plan, which sought to persuade Louis XIV to invade Egypt. Scholars have generally supposed that Leibniz’s rationale for devising the plan was to divert Louis from his intended war with Holland. Little attention has been paid to the religious benefits that Leibniz identified in the plan, and those who do acknowledge them are often quick to downplay (...) them. This tendency to downplay or even dismiss the religious benefits Leibniz claimed of the Egypt Plan is undermotivated and stems from a very superficial reading of the documents that together comprise it. In this paper I argue that we should take seriously Leibniz’s claim that a French invasion of Egypt would bring religious benefits, and that he saw them as important and intrinsically desirable inasmuch as he came to believe that the execution of the plan would lead to the flowering of co-operation and brotherhood among Christians in a show of inter-denominational koinonia, that is, fellowship with other Christians in the participation of shared goals. (shrink)

Contemporary reasoning about health is infused with the work products of experts, and expert reasoning about health itself is an active site for invention and design. Building on Toulmin’s largely undeveloped ideas on field-dependence, we argue that expert fields can develop new inference rules that, together with the backing they require, become accepted ways of drawing and defending conclusions. The new inference rules themselves function as warrants, and we introduce the term “warranting device” to refer to an assembly of the (...) rule plus whatever material, procedural, and institutional resources are required to assure its dependability. We present a case study on the Cochrane Review, a new method for synthesizing evidence across large numbers of scientific studies. After reviewing the evolution and current structure of the device, we discuss the distinctive kinds of critical questions that may be raised around Cochrane Reviews, both within the expert field and beyond. Although Toulmin’s theory of field-dependence is often criticized for its relativism, we find that, as a matter of practical fact, field-specific warrants do not enjoy immunity from external critique. On the contrary, they can be opened to evaluation and critique from any interested perspective. (shrink)

As a lifelong Lutheran who resisted numerous attempts by Catholic acquaintances to convert him, one might reasonably expect Leibniz to have followedthe orthodox Lutheran line on disputed doctrinal issues, and thus held amongst other things that the doctrine of purgatory was false. Yet there is strong evidencethat Leibniz personally accepted the doctrine of purgatory. After examining this evidence, I determine how Leibniz sought to justify his endorsement of purgatory and explain how his endorsement sits alongside his frequent rehearsal of familiar (...) Protestant arguments against the doctrine. I then examine some of Leibniz’s other theological and philosophical commitments, including those on the afterlife, in order to tentatively tease out further details of the form of purgatory that wonhis approval. In considering these issues, I aim to make clear the extent to which Leibniz’s philosophical thinking underpins and shapes his theological beliefs. (shrink)

This paper is concerned with Leibniz's doctrine of “universal rational religion,” i.e. a religion derived from reason and hence accessible to all, Christians and non-Christians alike, by virtue of the universality of reason. In this paper I shall identify some of the key theological truths and doctrines that Leibniz believed could be reached via reason, and as such would be accessible to non-Christians. While Leibniz held that there were a number of theological truths and doctrines that were potentially available to (...) all, he also acknowledged that non-Christians had enjoyed very limited success in reaching them. I end the paper by identifying Leibniz’s explanation for this. (shrink)

This paper is concerned with Leibniz’s Egypt Plan, written in 1671 and 1672, when Leibniz was in the service of the Elector of Mainz. One of the aims of this paper is to offer a more balanced and plausible reading of the religious benefits of war that Leibniz outlines in his Egypt plan.

This is the review of a book by Paula Byrne on Lord Mansfield's great-niece, Dido, whom he raised as his own daughter. Lord Mansfield was the Lord Chief Justice of England in the Eighteenth Century. The child was brought to him as an infant and grew up to become what we would today term his paralegal clerk in his Library at Kenwood House. His great-niece was the child of a black slave and his sister's son, Sir John Lindsay. This is (...) also a narrative of the British Slave trade including some of Lord Mansfield's judgements at the King's Bench Division, Royal Courts of Justice. (shrink)

Professor Dan Markel was an expert criminal lawyer at Florida State University. He was murdered in broad daylight at his home. Here is a part of a hypothesis that no one has yet to dispute or otherwise.

Although the historical reputation of Gottfried Wilhelm Leibniz (1646–1716) largely rests on his philosophical and mathematical work, it is widely known that he made important contributions to many of the emerging but still inchoate branches of natural science of his day. Among the many scientific papers Leibniz published during his lifetime are ones on the nascent science we now know as hydrology. While Leibniz’s other scientific work has become of increasing interest to scholars in recent years, his thinking about hydrology (...) has been neglected, despite being relatively broad in extent, including as it does papers on the ‘raising of vapours’ and the formation of ice, as well as the separation of salt and fresh water. That list can now be extended still further following the discovery of a previously unpublished letter of Leibniz’s on the causes of the devastating Lombardy flood of October and November 1705. This letter, which will be the focus of our paper, reveals the depth of Leibniz’s understanding of key hydrological processes. In it, he considers various mechanisms for the flood, such as heavy rains on high ground, underwater earthquakes, and a mountain collapse. Over the course of the paper we examine each of these mechanisms in depth, and show that Leibniz was in the vanguard of hydrological thinking. We also show that the letter contains one of the first scholarly attempts to apply aspects of the still-forming notion of the hydrological cycle to account for a flood event. (shrink)

In early modern times it was not uncommon for thinkers to tease out from the nature of God various doctrines of substantial physical and metaphysical import. This approach was particularly fruitful in the so-called beast-machine controversy, which erupted following Descartes’ claim that animals are automata, that is, pure machines, without a spiritual, incorporeal soul. Over the course of this controversy, thinkers on both sides attempted to draw out important truths about the status of animals simply from the notion or attributes (...) of God. Automatists – led by Nicolas Malebranche and Antoine Dilly – developed six such arguments, appealing to divine justice, providence, economy, glory (twice) and wisdom, while opponents to animal automatism developed two arguments, appealing to divine wisdom and goodness. In this article I shall examine the substance of all eight of these arguments, along with their origins, patronage, and variations, and the objections they elicited from opponents, with the aim of determining their suitability for use in contemporary debates about animal sentience and consciousness, and hence their relevance for contemporary philosophers. (shrink)

Recent philosophical attention to climate models has highlighted their weaknesses and uncertainties. Here I address the ways that models gain support through observational data. I review examples of model fit, variety of evidence, and independent support for aspects of the models, contrasting my analysis with that of other philosophers. I also investigate model robustness, which often emerges when comparing climate models simulating the same time period or set of conditions. Starting from Michael Weisberg’s analysis of robustness, I conclude that his (...) approach involves a version of reasoning from variety of evidence, enabling this robustness to be a confirmatory virtue.. (shrink)

This paper is concerned with Leibniz’s Egypt Plan, written in 1671 and 1672, when Leibniz was in the service of the Elector of Mainz. One of the aims of this paper is to offer a more balanced and plausible reading of the religious benefits of war that Leibniz outlines in his Egypt plan.

The first collection of Leibniz's key writings on the binary system, newly translated, with many previously unpublished in any language. -/- The polymath Gottfried Wilhelm Leibniz (1646–1716) is known for his independent invention of the calculus in 1675. Another major—although less studied—mathematical contribution by Leibniz is his invention of binary arithmetic, the representational basis for today's digital computing. This book offers the first collection of Leibniz's most important writings on the binary system, all newly translated by the authors with many (...) previously unpublished in any language. Taken together, these thirty-two texts tell the story of binary as Leibniz conceived it, from his first youthful writings on the subject to the mature development and publication of the binary system. -/- As befits a scholarly edition, Strickland and Lewis have not only returned to Leibniz's original manuscripts in preparing their translations, but also provided full critical apparatus. In addition to extensive annotations, each text is accompanied by a detailed introductory “headnote” that explains the context and content. Additional mathematical commentaries offer readers deep dives into Leibniz's mathematical thinking. The texts are prefaced by a lengthy and detailed introductory essay, in which Strickland and Lewis trace Leibniz's development of binary, place it in its historical context, and chart its posthumous influence, most notably on shaping our own computer age. (shrink)

I discuss two types of evidential problems with the most widely touted experiments in evolutionary psychology, those performed by Leda Cosmides and interpreted by Cosmides and John Tooby. First, and despite Cosmides and Tooby's claims to the contrary, these experiments don't fulfil the standards of evidence of evolutionary biology. Second Cosmides and Tooby claim to have performed a crucial experiment, and to have eliminated rival approaches. Though they claim that their results are consistent with their theory but contradictory to the (...) leading non-evolutionary alternative, Pragmatic Reasoning Schemas theory, I argue that this claim is unsupported. In addition, some of Cosmides and Tooby's interpretations arise from misguided and simplistic understandings of evolutionary biology. While I endorse the incorporation of evolutionary approaches into psychology, I reject the claims of Cosmides and Tooby that a modular approach is the only one supported by evolutionary biology. Lewontin's critical examinations of the applications of adaptationist thinking provide a background of evidentiary standards against which to view the currently fashionable claims of evolutionary psychology. (shrink)

Leibniz’s claim that this is the best of all possible worlds has been subject to numerous criticisms, both from his contemporaries and ours. In this paper I investigate a cluster of such criticisms based on the existence, abundance or character of worldly evil. As several Leibniz-inspired versions of optimism have been advanced in recent years, the aim of my investigation is to assess not just how Leibniz’s brand of optimism fares against these criticisms, but also whether optimism as a philosophy (...) has the resources to meet these challenges. I show that none of the criticisms considered has sufficient force to pose a threat to Leibniz’s version of optimism or to one modelled on it. (shrink)

The paper indicates how social kinds may be internally and objectively unified in a way continuous with physical kinds. It argues that the practice of theorizing is continuous with other practices to the extent that theorists, like anyone engaged in a practice, needs to make choices that are responsive to purposes (and corresponding values) guiding the practice. The paper discusses Epstein's theory of anchoring, and argues for a theory of scaffolding social kinds.

The UK has been slack in fulfilling its international obligations regarding human trafficking. The UK Modern Slavery Act 2015 has apparently nothing to say about the demand for women trafficked into prostitution, although it addresses the demand for other forms of trfficking though the supply chain provisins in the Act. The UK has disappointed many in condoning prostitution, as Lady Butler-Sloss describes as 'one of the longest standing industries'. However it is one of the longest-standing forms of exploitation. The Act (...) instead, has given much importance to modern -day slavery. An effective way of tackling demand for prostitution and the attendant exploitation would be to make it an offence to purchase someone for sex. Yet perhaps the point is that to curb modern-day slavery is to curb prostitution and pornography, through curbing the supply side. However the UK hasragged its feet over many years, especially when one considers that Internet pornography brings in over £4 billion annually to the UK Gross Domestic Product. (shrink)

Leibniz Reinterpreted tackles head on the central idea in Leibniz's philosophy, namely that we live in the best of all possible worlds. Strickland argues that Leibniz's theory has been consistently misunderstood by previous commentators. In the process Strickland provides both an elucidation and reinterpretation of a number of concepts central to Leibniz's work, such as 'richness', 'simplicity', 'harmony' and 'incompossibility', and shows where previous attempts to explain these concepts have failed. This clear and concise study is tightly focussed and assumes (...) no prior acquaintance with Leibniz or optimism. It thus serves as an ideal entry point into Leibniz's philosophy. (shrink)

Corruption deprives people of access to health care and can lead to the wrong treatments being administered. Drug counterfeiting, facilitated by corruption, kills en masse. Cases are recorded of water being substituted for life-saving adrenaline and of active ingredients being diluted by counterfeiters, triggering drug-resistant strains of malaria, tuberculosis and HIV. The poor are disproportionately affected by corruption in the health sector, and cannot afford to pay for private alternatives where corruption has depleted public health services. Analysis of corruption in (...) the health sector of the UK can redress the information imbalance between UK government and service providers and patients. Health is a major global industry, a key responsibility and budget expense for governments and businesses. Corruption deprives people of access to health care and leads to poor health outcomes. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books (...) Current Law Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

Mein Ziel in dieser Arbeit ist es zu bestimmen, in welchem Umfang Leibniz moderne Ansichten in drei Bereichen der Biologie vertreten hat, nämlich in der Frage zum Ursprung von Fossilien, zum Aussterben von Arten und zur Evolution von Arten. In neuerer Zeit haben Forscher behauptet, Leibniz hätte folgende Thesen akzeptiert: (1) Fossilien haben einen organischen Ursprung; (2) einige Arten sind ausgestorben; (3) einige Arten haben sich im Laufe der Zeit entwickelt. Anhand der Betrachtung einer Reihe von Leibniz' Schriften, eingeschlossen solche, (...) die vielfach übersehen wurden, zeige ich, dass diese Behauptungen falsch und dass Leibniz' tatsächliche Ansichten zu diesen Fragen wie folgt sind: (1) einige Fossilien haben einen organischen Ursprung; (2) während die Arten selbst nicht ausgestorben sind, sind es aber einige Unterarten; (3) während sich die Arten selbst nicht entwickelt haben, hat es Evolution innerhalb von Artengruppen gegeben. Diese Ansichten, so meine Argumentation, sind überhaupt nicht besonders „modern", und sie fielen mit Sicherheit nicht aus dem Rahmen des späten 17. und frühen 18. Jahrhunderts. (shrink)

A second look at a global ethics forum of several years ago can be a good start for examination of ethics of countries we deal with today. This global ethics forum had been financed by the United Kingdom’s DFID, The World Bank, USAID and AusAid to enable delegates from seventy countries to meet and discuss ethics policies.

We sley Salmon, in his influential and detailed book, Four Decades of Scientific Explanation, argues that the pragmatic approach to scientific explanation, “construed as the claim that scientific explanation can be explicated entirely in pragmatic terms” (1989, 185) is inadequate. The specific inadequacy ascribed to a pragmatic account is that objective relevance relations cannot be incorporated into such an account. Salmon relies on the arguments given in Kitcher and Salmon (1987) to ground this objection. He also suggests that Peter Railton’s (...) concepts of the ideal explanatory text and explanatory information (Railton 1981) can provide what the pragmatic approach lacks. This suggestion is not a conclusion of course; we read it as the promotion of part of a research program aimed at forging a greater consensus on scientific explanation-an admirable goal. However, we do not see the pragmatic approach as inadequate. We will show that a synthetic account inspired by Salmon’s adaptation of Railton would be equivalent to van Fraassen’s pragmatic account in three respects: accepting or rejecting requests for explanation; the practice of giving scientific explanations; and the evaluation of the goodness of explanations. We include all three under the general rubric of explanatory “practice.” Admittedly these are not the only three features by which an account of explanation might be evaluated. Roughly, we mean to show that a synthetic account cannot do a better job of accounting for the scientific practices which are of importance to the constructive empiricist, and therefore no argument can be presented to the constructive empiricist to convince her that by her own standards the synthetic account is superior. (shrink)

The emphasis on the limitations of objectivity, in specific guises and networks, has been a continuing theme of contemporary analytic philosophy for the past few decades. The popular sport of baiting feminist philosophers — into pointing to what's left out of objective knowledge, or into describing what methods, exactly, they would offer to replace the powerful objective methods grounding scientific knowledge — embodies a blatant double standard which has the effect of constantly putting feminist epistemologists on the defensive, on the (...) fringes, on the run.This strategy can only work if objectivity is transparent, simple, stable, and clear in its meaning. It most certainly is not. In fact, taking objectivity as a sort of beautiful primitive, self-evident in its value, and all-powerful in its revelatory power, requires careless philosophy, and the best workers in metaphysics, epistemology, and philosophy of science have made reworked definitions of objectivity absolutely central to their own projects. In fact, classic feminist concerns with exploring the impact of sex and gender on knowledge, understanding, and other relations between human beings and the rest of the world fall squarely within the sort of human and social settings thatare already considered central in most current analytic metaphysics, epistemology, and philosophy of science. I argue that the burden of proof is clearly on those who wish toreject the centrality and relevance of sex and gender to our most fundamental philosophical work on knowledge and reality. (shrink)

The “Discourse on Metaphysics” is widely considered to be Leibniz’s most important philosophical work from his so-called “middle period”. Written early in 1686, when Leibniz was 39 years old, it consolidates a number of philosophical ideas that he had developed and sketched out in the years beforehand in a host of short private essays, fragments, and letters. This chapter guides the reader through the key themes of the “Discourse”, such as God’s choice of the best, the nature of substance, final (...) causes, and the relationship between soul and body. The essay concludes with a consideration of what prompted Leibniz to write the “Discourse”; I suggest that the “Discourse” is likely to have been conceived as an attempt to reach supporters of Descartes and Malebranche, not only to challenge key tenets of their respective philosophies but also to present a viable alternative. (shrink)

Lawyers and judges cannot adequately address the nature of text, meaning, or interpretation without reference to the insights provided by linguists and philosophers of language. Exploring some of those insights, this article focuses upon what linguists and philosophers of language call “pragmatics.” Pragmatics examines the relations between words and users rather than the relations of words to words (syntax) or the relations of words to the world (semantics). In other words, pragmatics studies how language users actually use and interpret words (...) and other signs in communication. -/- Pragmatics recognizes that speaker meaning can differ from (and even contradict) linguistic meaning, including the literal meaning of text. In its proper context, for example, “Bob is indeed a good lawyer” can ironically mean just the opposite. Pragmatics also recognizes that relevant text is not a thing-in-itself that is simply given. Good lawyers look at such things as purpose and cohesion when determining relevant text. They do not simply take their opponent’s (or even their client’s) assertions of relevance. -/- Pragmatics also provides lawyers with a number of specific concepts and tools which are helpful in determining speaker meaning. For user convenience, this article attempts to set out in one place a number of such concepts and tools. These include: (1) types of cohesion that help determine relevant text, (2) types of context that help determine meaning, (3) pragmatic principles of construction such as principles of relevance and politeness, and (4) important pragmatic notions or devices such as anaphora, cataphora, ellipsis, deixis, presupposition, unstated premises, entailment, and implementives. -/- Finally, as a recurring example (among others) of pragmatics in action, this article examines from multiple perspectives textual issues raised in King v. Burwell, 576 U.S. __ (2015). -/- Keywords: Pragmatics, Semiotics, Interpretation, Textualism, Plain Meaning, King v. Burwell, Affordable Care Act, Text, Meaning, Speaker Meaning, Implicature. (shrink)

My contribution to this Symposium focuses on the links between sexuality and reproduction from the evolutionary point of view.' The relation between women's sexuality and reproduction is particularly importantb ecause of a vital intersectionb etweenp olitics and biology feminists have noticed, for more than a century, that women's identity is often defined in terms of her reproductive capacity. More recently, in the second wave of the feminist movement in the United States, debates about women'si dentityh ave explicitlyi ncludeds exuality;m uch (...) feminist argument in the late 1960's and early 1970's involved an attempt to separate out an autonomous female sexuality from women's reproductive functions. It is especially relevant, then, to examine biological arguments, particularlye volutionarya rgumentst, o see what they say about whether and how women's sexuality is related to reproduction. We shall find that many evolutionarya rgumentss eem to supportt he direct linkingo f female sexualitya nd reproductionY. et I will argue that this supporti s not well-groundedI. n fact, I think evolutionarye xplanationso f female sexuality exemplify how social beliefs and social agendas can influence very basic biological explanations of fundamental physiological processes. In this paper, I shall spend some time spelling out a few examples in which assumptions about the close link between reproduction and sexuality yield misleading results, then I shall conclude with a discussion of the consequences of this case study for issues in the philosophy of science. (shrink)

Philosophical discussions of gentrification have tended to focus on residential displacement. However, the prevalence of residential displacement is fiercely contested, with many urban geographers regarding it as quite uncommon. This lends some urgency to the underexplored question of how one should evaluate other forms of gentrification. In this paper, I argue that one of the most important harms suffered by victims of displacement gentrification is loss of access to the goods conferred by membership in a thriving local community. Leveraging the (...) social scientific literature, I go on to argue that non-displacement gentrification also often damages local communities. One can hence extend existing philosophical critiques of displacement gentrification to argue that non-displacement gentrification likewise poses a threat to relational equality, and often violates certain basic occupancy rights. Focusing on the value that inheres in thriving local communities also suggests some new possibilities for critiquing gentrification. For instance, existing occupancy rights critiques focus on incumbent land users’ interests in stability. However, one can also argue in a Lockean mode that incumbent land users’ occupancy rights are at least partially grounded in their community having laboured together to create objects of value. An extension of Michael Walzer’s theory of justice to incorporate community goods as a separate ‘sphere’ might also have widespread appeal. Taken together, these arguments constitute a sustained and theoretically ecumenical case for the pro tanto moral objectionability of gentrification. (shrink)

One of the disadvantages of redistributive taxation is that it reduces people’s financial incentives to increase national wealth and benefit others by engaging in productive activities. It is natural to suppose that the severity of this disadvantage will be proportional to the socially prevailing level of human selfishness. Thus several advocates of redistribution (G.A. Cohen, Ha-Joon Chang among others) have argued that this disadvantage of redistribution need not be as severe as critics often suggest, because human beings need not be (...) so selfish. My aim in this paper is to argue that, even in a society entirely composed of unselfish and impartially beneficent individuals, redistributive taxation would still discourage activities that contribute to national wealth, because differing individuals have different views about what counts as benefiting themselves and others. I also relate my discussion to G.A. Cohen’s influential ‘camping trip’ argument for socialism (from Why Not Socialism?). (shrink)

This article offers an extensive study of the idea of an animal afterlife in seventeenth-century England. While some have argued that the idea of an animal afterlife became prevalent at the time due to increased awareness of animals’ mental abilities, others have suggested it was due to greater sensitivity to animal suffering and the perceived need to square this suffering with divine justice. I show that both views are incorrect, and that seventeenth-century thinking about an animal afterlife was first and (...) foremost grounded in, and shaped by, speculations about end times and the restored creation based on a literal reading of a key passage in Paul’s letter to the Romans (8:19–22), which thus served as the sedes doctrinae throughout the seventeenth century. Lastly, I show that those who entertained a future life for beasts also supposed that animals would have a functional role therein, considering animals as being present in the restored creation to serve some spiritual end rather than as being true beneficiaries in their own right. (shrink)

Deception, like coercion, can invalidate the moral force of consent. In the sexual domain, when someone is deceived about some feature of their partner, knowledge of which would be dispositive of their decision to have sex – a dealbreaker – the moral validity of their consent is undermined. I argue that in order to determine whether someone has discharged their duties of disclosure in the sexual domain, we should ask whether, upon receiving a token of consent to sex, they have (...) a justified belief that their partner would consent to the sexual encounter given all the features that it has. I argue that whether an agent has a justified belief in this proposition is a function of the agent’s body of evidence and which alternatives uneliminated. (shrink)

The present discussion takes up an issue raised in Section 5 of Ross Brady and Penelope Rush’s paper ‘Four Basic Logical Issues’ concerning the (claimed) triviality – in the sense of automatic availability – of soundness and completeness results for a logic in a metalanguage employing at least as much logical vocabulary as the object logic, where the metalogical behaviour of the common logical vocabulary is as in the object logic. We shall see – in Propositions 4.5–4.7 – that this (...) triviality claim faces difficulties in the face of Halldén incompleteness, for essentially the same reasons that Halldén thought this phenomenon raised seman- tic difficulties for the modal logics of C. I. Lewis exhibiting it. To counter any inclination to dismiss the phenomenon as providing at best a marginal range of counterexamples to the triviality claim, a Postscript assembles some reminders of the extent of – and the varied considerations favouring – Halldén incompleteness. (shrink)

Gottfried Wilhelm Leibniz (1646–1716) was a universal genius, making original contributions to law, mathematics, philosophy, politics, languages, and many areas of science, including what we would now call physics, biology, chemistry, and geology. By profession he was a court counselor, librarian, and historian, and thus much of his intellectual activity had to be fit around his professional duties. Leibniz’s fame and reputation among his contemporaries rested largely on his innovations in the field of mathematics, in particular his discovery of the (...) calculus in 1675. Another of his enduring mathematical contributions was his invention of binary arithmetic, though the significance of this was not recognized until the 20th century. These days, a good proportion of scholarly interest in Leibniz is focused on his philosophy. Among his signature philosophical doctrines are the pre-established harmony, the theory of monads, and the claim that ours is the best of all possible worlds, which forms the central plank of his theodicy. For Leibniz, philosophy was not the discovery of deep truths of interest only to other philosophers, but a practical discipline with the means to increase happiness and well-being. Philosophical truths, he believed, revealed the beauty and rational order of the universe, and the justice and wisdom of its creator, and accordingly could inspire contentment and peace of mind. Leibniz’s other intellectual projects were likewise geared toward the improvement of the human condition. He lobbied tirelessly for the establishment of scientific societies, devised measures to improve public health, and was actively engaged in projects to unite the churches and so end the religious strife that marred the Europe of his day. He was also engaged in politics for much of his career, and often took on a diplomatic role, sometimes officially and other times not. In the political sphere, Leibniz did not wield true power but was a man with influence, obtained in no small part by his cultivation of relationships with leaders and sovereigns both inside and outside Germany. The sheer range of Leibniz’s interests, projects, and activities can make him a difficult figure to study, and the vast quantity of his writings only compounds the problem (around fifty thousand of his writings survive). Nevertheless, even a sampling of Leibniz’s work is enough to get a sense of his vision, originality, and intellectual depth, and good secondary literature will only enhance this. The items in this bibliography were chosen with this in mind. (shrink)

Written in 1714, the “Monadology” is widely regarded as a classic statement of much of Leibniz’s mature philosophical system. In just 90 numbered paragraphs, Leibniz outlines—and argues for—the core features of his system, starting with his famous doctrine of monads (simple substances) and ending with the uplifting claim that God is concerned not only for the world as a whole but for the welfare of the virtuous in particular. This chapter begins by considering the circumstances of composition of the “Monadology” (...) and its publication history before offering a detailed analysis of the claims and arguments found therein; I suggest the text is best read as dealing with three distinct realms, the metaphysical (§§1–-60), the physical (§§61–-82), and lastly the moral (§§83–-90). The chapter concludes with a consideration of the fate and influence of this seminal text. (shrink)