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)

This précis summarizes the main topics, arguments and conclusions of the book. Many interesting arguments and critiques have, of course, been omitted in order to make this summary appropriately brief.

Abstract: Receptivity is a foundational concept in the analysis of causation given in Gregg Rosenberg’s A Place for Consciousness and it enters, directly or indirectly, into the definitions of a host of other terms in the book. This commentary raises a problem (which I call “the triviality problem”) about how we are to understand receptivity. Search for a solution proceeds by examination of several contexts in which the concept of receptivity is used. Although a satisfactory solution remains elusive, it is (...) hoped that making the problem clear will lead to its eventual resolution. (shrink)

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

Robert Nozick (1993) has offered an evolutionary account of self-evident beliefs that comes into conflict with a "mild realist" (Dennett, 1991a) view of beliefs. This chapter summarizes both views, and explains the conflict. Emergence is examined. Mild realism is found to embrace "emergence" in an acceptable sense, and to eschew it in its problematic sense. Nozick's cases of self-evident beliefs are examined and difficulties in his account are explained. An alternative approach is developed that avoids the difficulties in Nozick's account (...) and is compatible with mild realism. Implications of mild realism for concepts are drawn. (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.

Review and response to Gimbel’s Isn’t That Clever.

This paper argues that naturalistic philosophy does not meet its own empiricist mandate. It argues from an empiricist perspective. Naturalists either claim that philosophy is like science in significant ways, or they claim that philosophy ought to be like science. This paper, being chiefly focused on the former claim, argues that naturalistic philosophy is nothing like science. Using Papineau’s markers for the similarities between naturalistic philosophy and science, I argue, counter Papineau, that the method employed in naturalistic philosophy is not (...) a posteriori and its claims are certainly not synthetic in the same way as that of science. This methodological distinction between science and philosophy is one made by Carnap. To show how the methods are distinct I compare two papers; I compare the method employed by Andy Clark in his philosophical paper on the brain as a prediction error minimisation machine with that employed by Rees and Haynes in their neuroscientific paper on mental content. (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.

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)

According to ‘Excluders’, descriptive uncertainty – but not normative uncertainty – matters to what we ought to do. Recently, several authors have argued that those wishing to treat normative uncertainty differently from descriptive uncertainty face a dependence problem because one's descriptive uncertainty can depend on one's normative uncertainty. The aim of this paper is to determine whether the phenomenon of dependence poses a decisive problem for Excluders. I argue that existing arguments fail to show this, and that, while stronger ones (...) can be found, Excluders can escape them. (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)

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)

The purpose of this paper is to review and discuss Luciano Floridi’s 2019 book The Logic of Information: A Theory of Philosophy as Conceptual Design, the latest instalment in his philosophy of information (PI) tetralogy, particularly with respect to its implications for library and information studies (LIS) .

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)

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.

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)

A defendant's absence need not be a bar to continuation of his trial for fraud. The.

Gossip is rarely praised. There seems little virtuous that is about talking behind someone’s back. Whether there is anything virtuous about gossip, however, depends on the kind of gossip. Some gossip is idle, but some evaluative gossip promulgates and enforces norms. When properly motivated, such gossip effects positive change in society and counts as gossiping well. The virtue of gossiping well even includes some kinds of false gossip, namely the sort that exaggerates a pre-existing trait, thereby creating a caricature of (...) a person’s character in order to establish a moral exemplar (or anti-exemplar). (shrink)

Schleiermacher’s Icoses is the first book-length study of the 1813 Academy address “Ueber die verschiedenen Methodes des Uebersetzens”; in addition to celebrating its 200 years of influence, the book undertakes a comprehensive examination of the whole argument, from its theory of hermeneutics to its foreignizing theory of translation and all the passing “poetic” elements on which Schleiermacher’s rhetoric always so heavily relied. The “icoses” in the title are specifically an articulation of the Gefühle/feelings that lie at the heart of Schleiermacher’s (...) hermeneutics—specifically, his insistence that feelings are shaped by society, and so seem “objective” or “universal,” but are experienced inwardly by each individual, so that they seem “subjective” and “private.” Research-based “feeling one’s way into an author” is guided by culture, and is therefore not, pace certain twentieth-century hermeneutical philosophers, mystical but “icotic.” -/- TESTIMONIA -/- Robinson's intriguing study of Schleiermacher's 1813 Academy address "On the Different Methods of Translating," which grew out of an article commemorating its bicentennial, is the first book-length commentary on the address. Robinson works meticulously through the entire text, both the German original and his own English translation, exposing its logical and other argumentative flaws mercilessly, but in order not to attack or dismiss it, rather to show that logic is not the right interpretive lens through which to view Schleiermacher's project. The right lens, Robinson suggests, is what he calls "icoses": social ecologies that shape our thought and convictions as members of a social group. The result is a fresh look at Schleiermacher's address and the hermeneutics that inform it, and one that generates surprising new insights into foreignization, feeling-based hermeneutics, and the Romantic ethos of estrangement. (Radegundis Stolze, Technische Universität Darmstadt) -/- Robinson's reading of Schleiermacher deals in detail with the whole address, and more, bringing out numerous problems that have remained hidden, dormant, and should be discussed. It provocatively picks up what any close reader feels: Schleiermacher's is not a highly coherent account of translation -­ it got some things right but left many gaps and contradictions. Robinson's inquiry suggests how the unresolved problems might be approached in an unexpected way: by a hermeneutic blurring of distinctions between the subjective and the objective, the psychological and the linguistic, the individual and the social. (Anthony Pym, Professor of Translation and Intercultural Studies Rovira i Virgili University, Visiting Professor Monterey Institute of International Studies). (shrink)

Recent findings in experimental philosophy have revealed that people attribute intentionality, belief, desire, knowledge, and blame asymmetrically to side- effects depending on whether the agent who produces the side-effect violates or adheres to a norm. Although the original (and still common) test for this effect involved a chairman helping or harming the environment, hardly any of these findings have been applied to business ethics. We review what little exploration of the implications for business ethics has been done. Then, we present (...) new experimental results that expand the attribution asymmetry to virtue and vice. We also examine whether it matters to people that an effect was produced as a primary or side- effect, as well as how consumer habits might be affected by this phenomenon. These results lead to the conclusion that it appears to be in a businessperson’s self-interest to be virtuous. (shrink)

Virtues are acquirable, so if intellectual humility is a virtue, it’s acquirable. But there is something deeply problematic—perhaps even paradoxical—about aiming to be intellectually humble. Drawing on Edward Slingerland’s analysis of the paradoxical virtue of wu-wei in Trying Not To Try (New York: Crown, 2014), we argue for an anti-individualistic conception of the trait, concluding that one’s intellectual humility depends upon the intellectual humility of others. Slingerland defines wu-wei as the “dynamic, effortless, and unselfconscious state of mind of a person (...) who is optimally active and effective” (Trying Not to Try, 7). Someone who embodies wu-wei inspires implicit trust, so it is beneficial to appear wu-wei. This has led to an arms race between faking wu-wei on the one hand and detecting fakery on the other. Likewise, there are many benefits to being (or seeming to be) intellectually humble. But someone who makes conscious, strategic efforts to appear intellectually humble is ipso facto not intellectually humble. Following Slingerland’s lead, we argue that there are several strategies one might pursue to acquire genuine intellectual humility, and all of these involve commitment to shared social or epistemic values, combined with receptivity to feedback from others, who must in turn have and manifest relevant intellectual virtues. In other words, other people and shared values are partial bearers of a given individual’s intellectual humility. If this is on the right track, then acquiring intellectual humility demands epistemic anti-individualism. (shrink)

This is a case that should go to the European Court of Human Rights. A decent, senior qualified family doctor was accused by his mentally ill daughter of sex abuse. Without real evidence except for what the girl told another mentally ill patient at a psychiatric hospital she stayed at for several years, and wit just two witnesses, one a younger child wo saw none of the accused offences, and the other parent, struck off the General Medical Council Register for (...) drunk driving more than once, the case was fitted up by those who are rampantly seeking to raise statistical numbers for child sex abuse offences by high level persons- a bizarre situation and a travesty against tis family doctor's human rights, because a judge can use his 'discretion' to send a much needed family doctor to 18 years in jail. The International Community should scrutinize the United Kingdom's Criminal Justice System. (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.

In the December 2015 Issue of the Police Journal Sam Poyser and Rebecca Milne addressed the subject of miscarriages of justice. Cold case investigations can address some of these wrongs. The salient points for attention are those just before his sudden death: Milligan was appointed Private Secretary to Jonathan Aitken, the then Minister of Arms in the Conservative government in 1994. The known facts are as follows: 1. Stephen David Wyatt Milligan was found deceased on Tuesday 8th February 1994 at (...) his Chiswick, West London house where he lived alone. His body was found by his secretary Vera Taggart who was told by Julie Kirkbride where a spare key to his London house was kept and who decided to go to his house that day because he was not answering his telephone. Police said he had made one last telephone call on Saturday evening at 9.00pm. 2. Stephen David Wyatt Milligan had been the elected Member of Parliament (‘MP’) for Eastleigh in Hampshire since 1992. 3. The important topics this MP was addressing in 1994 at the time of his death included: (i) rail privatization plans and the impact through job losses on communities, especially his own constituency of Eastleigh; (ii) arms dealings with Saudi Arabia, especially with his previous intelligence gathered as an economics journalist for esteemed publications; (iii) the UK military industry; (iv) homosexuality among senior government Ministers, as revealed by British footballer Fasanu; (v) personal relationship and planned marriage to his fiancée (Julie Kirkbride) who at the time was a political journalist. 4. Stephen Milligan was also appointed as Parliamentary Private Secretary to Jonathan Aitken, Arms Minister and this position must have required that he came ‘up to speed’ on international arms trade and indeed its relation to bribery and corruption across jurisdictions. Milligan’s experience and knowledge as a former high-level political and economics journalist must have been of huge benefit to government minister Jonathan Aitken who was later imprisoned for perjury. 5. Regarding Stephen Milligan’s death in 1994, the Guardian newspaper in their immediate obituary said that ‘The death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. He was on the left of the Tory party - he had even had a brief flirtation with the SDP when it was formed - and was a noted Euro-enthusiast… the death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. Regarding Stephen Milligan’s sudden and unexpected death in 1994, MP David Willetts (Conservative, Havant) said in March 2015, in his address in the House of Commons. ‘…The inevitable ups and downs and triumphs and disasters of politics are among the great features of this place. There are colleagues in all parts of the House who are tolerant and understanding. There are friendships that keep the downs as well as the ups of politics in perspective. Having entered the House in 1992, I think particularly of two good friends, Judith Chaplin and Stephen Milligan, who both died within two years of being elected; that loss stayed with me for a long time...’ 6. On 28 February 2000, in the House of Commons, at Column 106, Mr Mike Hancock (Portsmouth) said, on the deaths of Michael Colvin and of Stephen Milligan MP: ‘I knew Michael Colvin for nearly 30 years, from when he was first elected to Hampshire county council. During my time as leader of that council, he and the late former Member of Parliament for Eastleigh, Stephen Milligan, were usually the only Members of Parliament who readily supported the council when necessary. Michael Colvin supported many ventures in the county of Hampshire. He will be missed here, in his constituency, and in Europe, and I stress that Hampshire has lost a staunch supporter. I am sure that the county will at some stage want to record its regret at his death and its deepest appreciation of the part that he played in its life....’ -/- Mike Hancock had, like Stephen Milligan, served on the Select Committee on Defence. It is interesting that he mentioned Stephen Milligan’s support as MP for Eastleigh when Milligan had only been so appointed a couple of years before his sudden death, as compared to 30 years of support from Mike Colvin. 7. Mr Andrew Robathan (for Blaby) said in the House of Commons Hansard Debates on 27 January1997, (Column 62) (on the registering of sex offenders): ‘I remember the death of my honourable friend Stephen Milligan, who represented Eastleigh. The press reports of the time stated that each Metropolitan police station had a police officer in the pay of newspapers. I do not know whether that is true, but I am aware that the police are not renowned for being entirely secure with their information…’ This statement is mischievous and it has been demonstrated time and time again, as being untrue, especially during the recent press inquiry leading to the four-volume Leveson Report, published in November 2012, into phone hacking and the ethics and culture of the UK media, pursuant to section 26 of the Inquiries Act 2005, and ordered by the House of Commons to be printed on 29 November 2012, ISBN: 9780102981063, by the Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office. In Volume 4 of the 2012 Leveson Report, chapter 4 concluded on the Press Complaints Commission (‘PCC’) and its effectiveness and revealed that the PCC does not initiate its own investigations other than those ‘needed to head off criticism of the press or self-regulation- or to accept complaints from third parties across the board and on a transparent basis… and the report states that ‘the resources of the police are limited’ in terms of being able to fully inspect the Press and media reports. (shrink)

Criminal offences and regulatory breaches in using social networking evidence in personal injury litigation Pages 2-7 Current Criminal Law ISSN 1758-8405 Volume 2 Issue 3 March 2010 Author SALLY RAMAGE WIPO 900614 UK TM 2401827 USA TM 3,440.910 Orchid ID 0000-0002-8854-4293 Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. 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 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. Trade Mark SALLY RAMAGE ® 2401827 (2005-2025) in the UK, WIPO Trade Mark SALLY RAMAGE® 900164; USA-(Trade Mark 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. Essentially, Social Network information may not always be admissible in a court of law but may be the door to lead to other, non-contentious evidence. In fact, even illegally obtained evidence may sometimes be admissible evidence, though this is not absolute. Most of the information available on social networking sites will be ‘personal data’. The data controller is the network operator, without whose consent, collecting such information could be an offence, unless it was necessary for the purpose of preventing or detecting crime. (shrink)

The United Kingdom's Parliamentary Bill 'Fraud Trials (Without a Jury) 2007', failed. Nevertheless, fraud trials without a jury do take place and there is much evidence to support this. Today the UK still does not support fraud trials without a jury, even though fraud in the UK today is the highest amount of fraud globally. The longer version of this paper is submitted here since it has become urgent that UK fraud trials be examined as a matter of urgency. On (...) page 87 of this complete paper (cut down for The Criminal Lawyer in 2008) a U.S study of 46 corporate fraud trials revealed that the defendants were CEOs, President, Chairman, Senior Vice Presidents, Chief Financial Officers, but only one entity reach trial stage. After the ce Arthur Anderson LLP v. United States, 544 U.S. 696 (2005), and the Lehman Brothers SEC case and the SEC v. Bank of America Corp., 653 F. Supp. 2d 507 (S.D.N.Y. 2009, and the Report by the U.S. Financial Crisis Inquiry on the 2008 financial crash, a global financial disaster was predicted and George Osborne, UK Chancellor pleaded for leniency for HSBC Bank frauds, threatening a global meltdown. The U.S. judiciary increased its volume of Deferred Prosecution Agreements and the UK followed suit. So, in year 2022, there is global financial meltdown and the UK has the highest rate of fraud in the world with few successful convictions. This paper is very relevant today as we must stop using deferred prosecution agreements and seek more convictions and harsh jail sentences for those financial fraudsters who have created this meltdown. -/- *When this paper was written, UK fraud was estimated at £40 million and some experts suspected twice that amount. Today UK fraud is in the billions of pounds annually. (shrink)

Arguing against the claim that beliefs are reasons for action.

The paper deals with the "deuteros plous", literally ‘the second voyage’, proverbially ‘the next best way’, discussed in Plato’s "Phaedo", the key passage being Phd. 99e4–100a3. The second voyage refers to what Plato’s Socrates calls his “flight into the logoi”. Elaborating on the subject, the author first (I) provides a non-standard interpretation of the passage in question, and then (II) outlines the philosophical problem that it seems to imply, and, finally, (III) tries to apply this philosophical problem to the "ultimate (...) final proof" of immortality and to draw an analogy with the ontological argument for the existence of God, as proposed by Descartes in his 5th "Meditation". The main points are as follows: (a) the “flight into the logoi” can have two different interpretations, a common one and an astonishing one, and (b) there is a structural analogy between Descartes’s ontological argument for the existence of God in his 5th "Meditation" and the "ultimate final proof" for the immortality of the soul in the "Phaedo". (shrink)

‘Crime is a prohibited act from which results in more evil than good’ is how Jeremy Bentham described crime. ‘Crime is a serious anti-social action to which the State reacts consciously by inflicting pain’, is how W.A.Bonger describes crime. Morality and its lack thereof are related to crime. Morality is so closely interwoven with social conduct and immorality interwoven with criminal conduct that it is desirable to investigate this matter further and so this shorter version of a paper by (...) class='Hi'>Sally Ramage is the vehicle by which to look further into this issue of moral crime which notion is based on accepted moral code and common sense. We need to urgently study moral crime if we are to arrest the current moral decline in society and restore integrity and trust to the human race. In this example we see that maturity does not mellow the human psyche as modern criminal law states. It was Sir Norwood East who stated that ‘acquisitiveness, aggressiveness and sexuality are often closely associated but the maturity which changes criminality is never going to be present until one is conscious of one’s own maturity by beginning to live in that consciousness’. Social conduct must be cultivated. Crucially, sociologists argue that social conduct may vary with time and place. However, the case of maturity is different when considering those in formative early life and also in declining periods of life. It must be cultivated. It does not happen automatically with age and some people can never change since their greed, selfishness and criminal inclinations remain steadfast. To these types, there is no resilience learnt because resilience is characteristic of the formative period of life when the disappointments of today are counterbalanced by the anticipations of tomorrow. (shrink)

I critically discuss both the particular doctrinal and general meta-philosophical or methodological tenets of Mark Johnston's paper "Human Beings", attending to several weaknesses in his argument. One of the most important amongst them is an apparent reliance on a substitution of identicals within an intensional context as he argues that continuity of functioning brain is essential to the persistence of "Human Beings" as allegedly singled out by his methodology; another equally important is a simple lacuna in place of an argument (...) that candidate entities for re-identification by means we take for granted in the case of persons cannot be what I call "mentalistically" individuated. (shrink)

I consider what I hope are increasingly sophisticated versions of ontological argument, beginning from simple definitional forms, through three versions to be found in Anselm, with their recent interpretations by Malcolm, Plantinga, Klima and Lowe. I try to show why none of these work by investigating both the different senses of necessary existence and the conditions under which logically necessary existence can be brought to bear. Although none of these arguments work, I think that they lead to interesting reflections on (...) the nature of definition, on the conditions for possessing the property of necessary existence and point towards a different, neo-Platonic ground for God’s meeting the criteria for being logically necessary. (shrink)

Receptivity is a foundational concept in the analysis of causation given in Gregg Rosenberg’s A Place for Consciousness and it enters, directly or indirectly, into the definitions of a host of other terms in the book. This commentary raises a problem about how we are to understand receptivity. Search for a solution proceeds by examination of several contexts in which the concept of receptivity is used. Although a satisfactory solution remains elusive, it is hoped that making the problem clear will (...) lead to its eventual resolution. (shrink)

The ‘Ordinary Language’ philosophy of the early 20th century is widely thought to have failed. It is identified with the broader so-called ‘linguistic turn’, a common criticism of which is captured by Devitt and Sterelny (1999), who quip: “When the naturalistic philosopher points his finger at reality, the linguistic philosopher discusses the finger.” (p 280) The implication is that according to ‘linguistic’ philosophy, we are not to study reality or truth or morality etc, but the meaning of the words ‘reality’, (...) ‘truth’, ‘morality’ etc. Ordinary Language philosophy has fallen so thoroughly into disrepute because it is supposed to advocate that not only are we to study words and meanings rather than the phenomena themselves (which is apparently bad enough), but we must restrict that study to words and meanings as they occur in the language used by the ordinary speaker. A number of preposterous corollaries have been taken to follow from this view. Most seriously, perhaps, and irritatingly, is that any theory which contains ‘non-ordinary’ uses of expressions is thereby ‘meaningless’ or simply false – which is clearly absurd. In this paper I show that this is a completely inaccurate picture of Ordinary Language philosophy. My aim is to correct these persistent misinterpretations, and make possible a more sensible reassessment of the philosophy. (shrink)

I argue that the idea that mental states possess a primitive intentionality in virtue of which they are able to represent or ‘intend’ putative particulars derives largely from Brentano‘s misinterpretation of Aristotle and the scholastics, and that without this howler the application of intentionality to phenomenal content would never have gained currency.

This review is unashamedly from the perspective of English law because busy United Kingdom criminal law solicitors and barristers mostly wish to know what the law states, which case is a precedent case and whether the author has provided up-to-date legal information. This is because legal practitioners deal with real and urgent cases. The English Income Tax Act gained Royal Assent in 1799 the first government attempt to stop early tax avoidance. Later, tax avoidance schemes (which in English Law were (...) deemed a legitimate method of minimising one payment of taxation) became de rigueur all over the world and often involved creation of Deeds of Covenant and Trusts, notably Discretionary Trusts under civil law. Man’s ingenuity knows no bounds and this applies to man’s characteristic of criminality as it does to scholarship, enterprise and innovation. Despite protestations by some countries police agencies, contrary to the rise of crime, the fact is that that crime is increasing exponentially worldwide, but the number of people committing crime is not increasing because many crimes are repeated crimes committed by persons with habitual criminal behaviour, ie hard-core criminals. (shrink)

This book review begins with a historical overview of the English law of trial by jury and continues to the present topic of plea bargaining. It is both legal and philosophical in its outlook and it is hoped that those who take the time to study this book might find among the many topics at least one such topic of research that will sustain you through legal studies for some years to come. The reviewer makes no apologies for the length (...) of this review as it reflects the tremendous amount of academic labour by many professors and their teams in managing to produce this tome of a research handbook. which the reader is bound to dip into time and time again for years and years to come. It was published in April 2024 when I began the review, but my husband was ill and died in hospital many weeks later, hence the postponement of this review's publication, for which I am very sorry indeed. (shrink)

Abstract: In Chapter 4 of his "Self-Deception Unmasked" (SDU), Al Mele considers several (attempted) empirical demonstrations of self-deception. These empirical demonstrations work under the conception of what Mele refers to as the 'dual-belief requirement', in which an agent simultaneously holds a belief p and a belief ~p. Toward the end of this chapter, Mele considers the argument of one biologist and anthropologist, Robert Trivers, who describes what he takes to be an evolutionary explanation for coming to form false beliefs. Mele (...) argues briefly that Trivers's account is no more explanatory than a similar one that does not include the dual-belief requirement. I present a case describing Trivers' analysis, show how Mele might reply to it. After briefly explaining Mele's sufficient conditions for entering self-deception from Chapter 3 of SDU, I'll consider what it means to hold the dual-belief. I'll then consider what I take to be a class of cases of self-deception which rely on genetic determinism, which I take to satisfy the dual-belief condition. (shrink)

The UK government decided to introduce Income Tax in 1799. Later, tax avoidance schemes involved creation of Deeds of Convenant. It is a fact that crime is increasing but the number of people committing crime is not increasing because many crimes are repeated crimes committed by persons with habitual criminal behaviour, ie hard-core criminals. -/- For more than half a century now, there has been scientific evidence that genetics plays a key role in the origins of criminal behaviour. There are (...) many ethical considerations thus raised which governments are reluctant to face and which, if faced, will cost a lot in financial terms to implement and to also dismantle the old entrenched systems -/- As the author states, genetics is considered in evidence only in federal United States ; New Zealand and Australia and not in the United Kingdom, although the UK’s Criminal Justice Act 2003 does, in some circumstances, allow evidence from relatives about the defendant’s character, but this is not expert evidence but merely non-expert opinion, permitted in relation to the defendant’s bad character in circumstances as per s 101 CJA 2003. Note that in the US, the Federal Rules of Evidence Rule 402 prevents the submission of irrelevant evidence. -/-. (shrink)

This article explores the many offences (e.g. noise pollution, unlicensed performances, and Health and Safety offences) that may be committed by personnel in the music industry and their employers. It also explores the many breaches of Intellectual Property law that may be committed by others against the musician’s rights.

This is a concordance of page numbers in the following editions of Merleau-Ponty's Phenomenology of Perception: English editions prior to the Routledge Classics 2002; Routledge Classics edition, with the new pagination; the French edition from Gallimard, prior to 2005; the 2e edition from Gallimard, 2005, with new pagination.

This is a thesis in support of the conceptual yoking of analytic truth to a priori knowledge. My approach is a semantic one; the primary subject matter throughout the thesis is linguistic objects, such as propositions or sentences. I evaluate arguments, and also forward my own, about how such linguistic objects’ truth is determined, how their meaning is fixed and how we, respectively, know the conditions under which their truth and meaning are obtained. The strategy is to make explicit what (...) is distinctive about analytic truths. The objective is to show that truths, known a priori, are trivial in a highly circumscribed way. My arguments are premised on a language-relative account of analytic truth. The language relative account which underwrites much of what I do has two central tenets: 1. Conventionalism about truth and, 2. Non-factualism about meaning. I argue that one decisive way of establishing conventionalism and non-factualism is to prioritise epistemological questions. Once it is established that some truths are not known empirically an account of truth must follow which precludes factual truths being known non-empirically. The function of Part 1 is, chiefly, to render Carnap’s language-relative account of analytic truth. I do not offer arguments in support of Carnap at this stage, but throughout Parts 2 and 3, by looking at more current literature on a priori knowledge and analytic truth, it becomes quickly evident that I take Carnap to be correct, and why. In order to illustrate the extent to which Carnap’s account is conventionalist and non-factualist I pose his arguments against those of his predecessors, Kant and Frege. Part 1 is a lightly retrospective background to the concepts of ‘analytic’ and ‘a priori’. The strategy therein is more mercenary than exegetical: I select the parts from Kant and Frege most relevant to Carnap’s eventual reaction to them. Hereby I give the reasons why Carnap foregoes a factual and objective basis for logical truth. The upshot of this is an account of analytic truth (i.e. logical truth, to him) which ensures its trivial nature. In opposition to accounts of a priori knowledge, which describe it as knowledge gained from rational apprehension, I argue that it is either knowledge from logical deduction or knowledge of stipulations. I therefore reject, in Part 2, three epistemologies for knowing linguistic conventions (e.g. implicit definitions): 1. intuition, 2. inferential a priori knowledge and, 3. a posteriori knowledge. At base, all three epistemologies are rejected because they are incompatible with conventionalism and non-factualism. I argue this point by signalling that such accounts of knowledge yield unsubstantiated second-order claims and/or they render the relevant linguistic conventions epistemically arrogant. For a convention to be arrogant it must be stipulated to be true. The stipulation is then considered arrogant when its meaning cannot be fixed, and its truth cannot be determined without empirical ‘work’. Once a working explication of ‘a priori’ has been given, partially in Part 1 (as inferential) and then in Part 2 (as non-inferential) I look, in Part 3, at an apriorist account of analytic truth, which, I argue, renders analytic truth non-trivial. The particular subject matter here is the implicit definitions of logical terms. The opposition’s argument holds that logical truths are known a priori (this is part of their identification criteria) and that their meaning is factually based. From here it follows that analytic truth, being determined by factually based meaning, is also factual. I oppose these arguments by exposing the internal inconsistencies; that implicit definition is premised on the arbitrary stipulation of truth which is inconsistent with saying that there are facts which determine the same truth. In doing so, I endorse the standard irrealist position about implicit definition and analytic truth (along with the “early friends of implicit definition” such as Wittgenstein and Carnap). What is it that I am trying to get at by doing all of the abovementioned? Here is a very abstracted explanation. The unmitigated realism of the rationalists of old, e.g. Plato, Descartes, Kant, have stoically borne the brunt of the allegation of yielding ‘synthetic a priori’ claims. The anti-rationalist phase of this accusation I am most interested in is that forwarded by the semantically driven empiricism of the early 20th century. It is here that the charge of the ‘synthetic a priori’ really takes hold. Since then new methods and accusatory terms are employed by, chiefly, non-realist positions. I plan to give these proper attention in due course. However, it seems to me that the reframing of the debate in these new terms has also created the illusion that current philosophical realism, whether naturalistic realism, realism in science, realism in logic and mathematics, is somehow not guilty of the same epistemological and semantic charges levelled against Plato, Descartes and Kant. It is of interest to me that in, particularly, current analytic philosophy (given its rationale) realism in many areas seems to escape the accusation of yielding synthetic priori claims. Yet yielding synthetic a priori claims is something which realism so easily falls prey to. Perhaps this is a function of the fact that the phrase, ‘synthetic a priori’, used as an allegation, is now outmoded. This thesis is nothing other than an indictment of metaphysics, or speculative philosophy (this being the crime), brought against a specific selection of realist arguments. I, therefore, ask of my reader to see my explicit, and perhaps outmoded, charge of the ‘synthetic a priori’ levelled against respective theorists as an attempt to draw a direct comparison with the speculative metaphysics so many analytic philosophers now love to hate. I think the phrase ‘synthetic a priori’ still does a lot of work in this regard, precisely because so many current theorists wrongly think they are immune to this charge. Consequently, I shall say much about what is not permitted. Such is, I suppose, the nature of arguing ‘against’ something. I’ll argue that it is not permitted to be a factualist about logical principles and say that they are known a priori. I’ll argue that it is not permitted to say linguistic conventions are a posteriori, when there is a complete failure in locating such a posteriori conventions. Both such philosophical claims are candidates for the synthetic a priori, for unmitigated rationalism. But on the positive side, we now have these two assets: Firstly, I do not ask us to abandon any of the linguistic practises discussed; merely to adopt the correct attitude towards them. For instance, where we use the laws of logic, let us remember that there are no known/knowable facts about logic. These laws are therefore, to the best of our knowledge, conventions not dissimilar to the rules of a game. And, secondly, once we pass sentence on knowing, a priori, anything but trivial truths we shall have at our disposal the sharpest of philosophical tools. A tool which can only proffer a better brand of empiricism. (shrink)

Competitive negotiators frequently use tactics which others view as "unethical", in that these tactics either violate standards of truth telling or violate the perceived rules of negotiation. This paper sought to determine how business students viewed a number of marginally ethical negotiating tactics, and to determine the underlying factor structure of these tactics. The factor analysis of these tactics revealed five clear factors which were highly similar across the two samples, and which parallel (to a moderate degree) categories of tactics (...) proposed by earlier theory. Data from one sample also permitted comparisons of the appropriateness of certain tactics across gender, nationality, ethnic origin and perception of one's negotiating style. (shrink)

We advance the understanding of the philosophy and psychology of curiosity by operationalizing and constructing an empirical measure of Nietzsche’s conception of inquisitive curiosity, expressed by the German term Wissbegier, (“thirst for knowledge” or “need/impetus to know”) and Neugier (“curiosity” or “inquisitiveness”). First, we show that existing empirical measures of curiosity do not tap the construct of inquisitive curiosity, though they may tap related constructs such as idle curiosity and phenomenological curiosity. Next, we map the concept of inquisitive curiosity and (...) connect it to related concepts, such as open-mindedness and intellectual humility. The bulk of the paper reports four studies: an Anglophone exploratory factor analysis, an Anglophone confirmatory factor analysis, an informant study, and a Germanophone exploratory and confirmatory factor analysis. (shrink)

Dido Belle was the illegitimate daughter of Captain Lindsay, the aristocratic nephew of William Murray, Scottish by birth and Lord Chief Justice of England for many decades. The book tells the story of Dido's life in Lord Mansfield homes, from the time her father begged Lord and Lady Mansfield to be wards of the child Dido to the death at age 88 of Lord Mansfield, mainly cared for by Dido and to Dido's young death at age 43. It also raises (...) issues of financial queries, Wills, Probate, and the place of a woman in society in those days, not quite chattel but not equal to men. (shrink)

Kevin McCain’s Evidentialism and Epistemic Justification is the most thorough defense of evidentialism to date. In this work, McCain proposes insightful new theses to fill in underdeveloped parts of evidentialism. One of these new theses is an explanationist account of evidential fit that appeals to dispositional properties. We argue that this explanationist account faces counterexamples, and that, more generally, explanationists should not understand evidential fit in terms of dispositional properties.

Intellectual humility can be broadly construed as being conscious of the limits of one’s existing knowledge and capable to acquire more knowledge, which makes it a key virtue of the information age. However, the claim “I am (intellectually) humble” seems paradoxical in that someone who has the disposition in question would not typically volunteer it. There is an explanatory gap between the meaning of the sentence and the meaning the speaker ex- presses by uttering it. We therefore suggest analyzing intellectual (...) humility semantically, using a psycholexical approach that focuses on both synonyms and antonyms of ‘intellectual humili- ty’. We present a thesaurus-based methodology to map the semantic space of intellectual hu- mility and the vices it opposes as a heuristic to support philosophical and psychological anal- ysis of this disposition. We performed the mapping both in English and German in order to test for possible cultural differences in the understanding of intellectual humility. In both lan- guages, we find basically the same three semantic dimensions of intellectual humility (sensi- bility, discreetness, and knowledge dimensions) as well as three dimensions of its related vic- es (self-overrating, other-underrating and dogmatism dimensions). The resulting semantic clusters were validated in an empirical study with English (n=276) and German (n=406) par- ticipants. We find medium to high correlations (0.54-0.72) between thesaurus similarity and perceived similarity, and we can validate the labels of the three dimensions identified in the study. But we also find indications of the limitations of the thesaurus methodology in terms of cluster plausibility. We conclude by discussing the importance of these findings for construct- ing psychometric scales for intellectual humility. (shrink)

Purpose – To review and discuss Luciano Floridi’s 2019 book The Logic of Information: A Theory of Philosophy as Conceptual Design, the latest instalment in his philosophy of information (PI) tetralogy, particularly with respect to its implications for library and information studies (LIS). Design/methodology/approach – Nine scholars with research interests in philosophy and LIS read and responded to the book, raising critical and heuristic questions in the spirit of scholarly dialogue. Floridi responded to these questions. Findings – Floridi’s PI, including (...) this latest publication, is of interest to LIS scholars, and much insight can be gained by exploring this connection. It seems also that LIS has the potential to contribute to PI’s further development in some respects. Research implications – Floridi’s PI work is technical philosophy for which many LIS scholars do not have the training or patience to engage with, yet doing so is rewarding. This suggests a role for translational work between philosophy and LIS. Originality/value – The book symposium format, not yet seen in LIS, provides forum for sustained, multifaceted and generative dialogue around ideas. (shrink)