Across the humanities and social sciences it has become commonplace for scholars to argue that categories once assumed to be “natural” are in fact “social” or, in the familiar lingo, “socially constructed”. Two common examples of such categories are race and gender, but there many others. One interpretation of this claim is that although it is typically thought that what unifies the instances of such categories is some set of natural or physical properties, instead their unity rests on social features (...) of the items in question. Social constructionists pursuing this strategy—and it is these social constructionists I will be focusing on in this paper—aim to “debunk” the ordinary assumption that the categories are natural, by revealing the more accurate social basis of the classification.2 To avoid confusion, and to resist some of the associations with the term ‘social construction’, I will sometimes use the term ‘socially founded’ for the categories that this sort of constructionist reveals as social rather than natural. (shrink)

Theorists analyzing the concepts of race and gender disagree over whether the terms refer to natural kinds, social kinds, or nothing at all. The question arises: what do we mean by the terms? It is usually assumed that ordinary intuitions of native speakers are definitive. However, I argue that contemporary semantic externalism can usefully combine with insights from Foucauldian genealogy to challenge mainstream methods of analysis and lend credibility to social constructionist projects.

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.

This review is republished to illustrate how important this book is to us today, with legislation and caselaw additions as follows: UK Anti-terrorism, Crime and Security Act 2001; UK Contempt o Court Act 1981; UK Obscene Publications Act 1964; UK Perjury Act 1911; UK Police Misconduct Regulations 1999; UK Prevention o Corruption Act 1996; UK Fraud Act 2006; UK Bribery Act 2010; UK Prevention o Corruption Act 1926; UK Public Bodies Corrupt Practices Act 1889; and UK Terrorism Act 2000. Case (...) law includes: R v Bellum [1989]; R v Dryden [1995]; R v Kiin [1994]; R v Loosley [2002]; the Steven Lawrence murder case; and Tsang Ping-nam v R [1981]. (shrink)

From a moral point of view we think of ourselves as capable of responsible actions. From a scientific point of view we think of ourselves as animals whose behaviour, however highly evolved, conforms to natural scientific laws. Natural Agency argues that these different perspectives can be reconciled, despite the scepticism of many philosophers who have argued that 'free will' is impossible under 'scientific determinism'. This scepticism is best overcome, according to the author, by defending a causal theory of action, that (...) is by establishing that actions are constituted by behavourial events with the appropriate kind of mental causal history. He sets out a rich and subtle argument for such a theory and defends it against its critics. Thus the book demonstrates the importance of philosophical work in action theory for the central metaphysical task of understanding our place in nature. (shrink)

This paper reviews the recent (post-DSM) history of subjective and semi-structured methods of psychiatric diagnosis, as well as evidence for the superiority of structured and computer-aided diagnostic techniques. While there is evidence that certain forms of therapy are effective for alleviating the psychiatric suffering, distress, and dysfunction associated with certain psychiatric disorders, this paper addresses some of the difficult methodological and ethical challenges of evaluating the effectiveness of therapy.

Are thought experiments nothing but arguments? I argue that it is not possible to make sense of the historical trajectory of certain thought experiments if one takes them to be arguments. Einstein and Bohr disagreed about the outcome of the clock-in-the-box thought experiment, and so they reconstructed it using different arguments. This is to be expected whenever scientists disagree about a thought experiment's outcome. Since any such episode consists of two arguments but just one thought experiment, the thought experiment cannot (...) be the arguments. (shrink)

The generality problem is widely considered to be a devastating objection to reliabilist theories of justification. My goal in this paper is to argue that a version of the generality problem applies to all plausible theories of justification. Assume that any plausible theory must allow for the possibility of reflective justification—S's belief, B, is justified on the basis of S's knowledge that she arrived at B as a result of a highly (but not perfectly) reliable way of reasoning, R. The (...) generality problem applies to all cases of reflective justification: Given that is the product of a process-token that is an instance of indefinitely many belief-forming process-types (or BFPTs), why is the reliability of R, rather than the reliability of one of the indefinitely many other BFPTs, relevant to B's justificatory status? This form of the generality problem is restricted because it applies only to cases of reflective justification. But unless it is solved, the generality problem haunts all plausible theories of justification, not just reliabilist ones. (shrink)

Little is known about the aims and impact of university-based ethics centers. Less is known about how centers leverage their unique campus positions to engage undergraduates in transformative ethics education. This article provides a foundation for future research on university-based ethics centers. First, this article addresses the history of ethics education in higher education, the rise of university ethics centers, and the factors necessary for successful ethics programs. Next, this piece shows the geographic distribution of ethics centers and which centers (...) provide undergraduate-focused ethics education. Finally, this article enables future research on effective ethics center structure, leadership, and outreach. (shrink)

When I heard Donald Trump say in one of his many unofficial/quasi-official talks that his plan is to win the forthcoming election and be president for 18 more years, I at first thought he spoke in jest. This was not a jocular statement. This article explains why.

This chapter examines two ways in which liberal thinkers have appealed to claims about disagreement in order to defend a principle of free speech. One argument, from Mill, says that free speech is a necessary condition for healthy disagreement, and that healthy disagreement is conducive to human flourishing. The other argument says that in a community of people who disagree about questions of value, free speech is a necessary condition of legitimate democratic government. We argue that both of these arguments, (...) in their standard guises, are premised upon contestable views about the realpolitik of disagreement in a liberal society. (shrink)

The journal of Cognitive Computation is defined in part by the notion that biologically inspired computational accounts are at the heart of cognitive processes in both natural and artificial systems. Many studies of various important aspects of cognition (memory, observational learning, decision making, reward prediction learning, attention control, etc.) have been made by modelling the various experimental results using ever-more sophisticated computer programs. In this manner progressive inroads have been made into gaining a better understanding of the many components of (...) cognition. Concomitantly in both science and science fiction the hope is periodically re-ignited that a manmade system can be engineered to be fully cognitive and conscious purely in virtue of its execution of an appropriate computer program. However, whilst the usefulness of the computational metaphor in many areas of psychology and neuroscience is clear, it has not gone unchallenged and in this article I will review a group of philosophical arguments that suggest either such unequivocal optimism in computationalism is misplaced—computation is neither necessary nor sufficient for cognition—or panpsychism (the belief that the physical universe is fundamentally composed of elements each of which is conscious) is true. I conclude by highlighting an alternative metaphor for cognitive processes based on communication and interaction. (shrink)

A case to be taken up by the Criminal Appeals Commission because the decision of the appeal court was flawed- a miscarriage of justice against Dr Stephen Hamilton, formerly, a most respected senior family general practitioner.

Epistemic responsibility involves at least two central ideas. (V) To be epistemically responsible is to display the virtue(s) epistemic internalists take to be central to justification (e.g., coherence, having good reasons, fitting the evidence). (C) In normal (non-skeptical)circumstances and in thelong run, epistemic responsibility is strongly positively correlated with reliability. Sections 1 and 2 review evidence showing that for a wide range of real-world problems, the most reliable, tractable reasoning strategies audaciously flout the internalist''s epistemic virtues. In Section 3, I (...) argue that these results force us to give up either (V), our current conception of what it is to be epistemically responsible, or (C) the responsibility-reliability connection. I will argue that we should relinquish (V). This is likely to reshape our epistemic practices. It will force us to alter our epistemic judgments about certain instances of reasoning, to endorse some counterintuitive epistemic prescriptions, and to rethink what it is for cognitive agents to be epistemically responsible. (shrink)

How should we explore the relationship between race and educational opportunity? One approach to the Black-White achievement gap explores how race and class cause disparities in access and opportunity. In this paper, I consider how education contributes to the creation of race. Considering examples of classroom micropolitics, I argue that breakdowns of trust and trustworthiness between teachers and students can cause substantial disadvantages and, in the contemporary United States, this happens along racial lines. Some of the disadvantages are academic: high (...) achievement is more difficult when one faces mistrust, ego depletion, effort pessimism, and insult. And within a knowledge economy, exclusion from knowledge work makes one vulnerable to injustice. But the problem goes deeper than achievement, for schools are contexts in which we develop self-understandings and identities that situate us as members of society. If students of color are systematically denied full participation in trusting conversations that create shared knowledge—especially, knowledge that holds power within the dominant culture—they are unjustly deprived resources to form flourishing selves that are suited to the positions of power and authority. The argument suggests that knowledge is not best understood simply as a commodity to be distributed, and opportunity is not just a matter of access. Moreover, even if access is granted, those who are motivated and talented can fail: they drain their willpower by coping with insults, or reasonably lose optimism about their efficacy. Over time, motivation may shift away from achievement, and under the circumstances this can be a rational response. The barriers to achievement are many, but true opportunity is impossible without trust and trustworthiness. (shrink)

The flight to reference is a widely-used strategy for resolving philosophical issues. The three steps in a flight to reference argument are: (1) offer a substantive account of the reference relation, (2) argue that a particular expression refers (or does not refer), and (3) draw a philosophical conclusion about something other than reference, like truth or ontology. It is our contention that whenever the flight to reference strategy is invoked, there is a crucial step that is left undefended, and that (...) without a defense of this step, the flight to reference is a fatally flawed strategy; it cannot succeed in resolving philosophical issues. In this paper we begin by setting out the flight to reference strategy and explaining what is wrong with arguments that invoke the strategy. We then illustrate the problem by considering arguments for and against eliminative materialism. In the final section we argue that much the same problem undermines Philip Kitcher's attempt to defend scientific realism. (shrink)

The worldview of theism proposes an ultimate and global explanation of existence itself. What could such “theological explanation” possibly amount to? I shall consider what is unsatisfactory about a widely accepted answer–namely that existence­ is to be explained as produced and sustained by a supernatural personal agent of unsurpassably great power and goodness. I will suggest an alternative way in which existence could be open to a genuinely ultimate explanation, namely in terms of its being inherently directed upon a supremely (...) good end or telos and existing just because that telos is concretely realized. On this “euteleological” view, theological explanation, though it may need to be compatible with our best scientific theoretical explanations, operates in a clearly distinct explanatory dimension. (shrink)

Should the government censor dangerous anti-vaccination propoganda? Should it restrict the praise of terrorist groups, or speech intended to promote discriminatory attitudes? In other words, should the government curb the advocacy of dangerous ideas and actions (i.e. 'harmful advocacy'), or should the government take a more permissive approach? Strong free speech supporters argue that citizens should be free to engage in and to hear harmful advocacy, arguing that restrictions are deeply objectionable at best, and, at worst, wholly impermissible. To support (...) their position, strong free speech supporters have offered a wide range of arguments and ideas. One of the most interesting arguments revolves around the idea that restrictions on harmful advocacy are deeply insulting to citizens. The worry, broadly understood, is that this kind of censorship is demeaning, treats citizens as though they are stupid, or as though they are children. As such, even when censorship is effective in preventing harms to citizens, it nonetheless comes at the significant political cost of failing to properly respect the citizenry at large. By contrast, so the thought goes, an alternative political scheme that prohibits censorship, or permits it only in exceptional cases, does a better job of respecting citizens as independent, rational, morally responsible agents. This alternative political system may, sometimes, be less effective at preventing speech harms. But it is a political system where citizens can stand tall and hold their heads high. In this paper, I consider and reject three versions of the worry that censorship is insulting. §1 explores the idea that censorship is insulting qua involving a negative appraisal of the citizens being interfered with. The key idea here is that censorship involves a lack of what Stephen Darwall terms ‘appraisal respect’, insofar as the government is suggesting that citizens cannot be trusted to manage their own beliefs and intentions. Drawing on the work of Thomas Nagel, §2 explores the idea that censorship diminishes the political status of citizens. Finally, §3 explores the suggestion that censorship is incompatible with a full appreciation of the thinking nature of citizens, and thus involves a lack of what Darwall would term ‘recognition respect’. The paper argues that censorship is not necessarily premised upon an insulting view of the citizenry. On the contrary, it argues that the best kind of censorship stems from a rich appreciation of the diverse range of capabilities, needs, vulnerabilities, and responsibilities of citizens, as well as the need for co-operation between citizens if societal flourishing is going to be achieved on a large scale. Granted, such a vision places an emphasis on the imperfections and liabilities of citizens – at least when compared to the rather solitary, highly intellectual creature one sometimes finds in the philosophical literature. Still, such a vision of citizens as imperfect falls well short of being genuinely insulting. To err is human. And there’s nothing insulting about being treated like a human. (shrink)

Why should a thought experiment, an experiment that only exists in people's minds, alter our fundamental beliefs about reality? After all, isn't reasoning from the imaginary to the real a sign of psychosis? A historical survey of how thought experiments have shaped our physical laws might lead one to believe that it's not the case that the laws of physics lie - it's that they don't even pretend to tell the truth. My aim in this paper is to defend an (...) account of thought experiments that fits smoothly into our understanding of the historical trajectory of actual thought experiments and that explains how any rational person could allow an imagined, unrealized (or unrealizable) situation to change their conception of the universe. (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)

Our aim in this paper is to bring the woefully neglected literature on predictive modeling to bear on some central questions in the philosophy of science. The lesson of this literature is straightforward: For a very wide range of prediction problems, statistical prediction rules (SPRs), often rules that are very easy to implement, make predictions than are as reliable as, and typically more reliable than, human experts. We will argue that the success of SPRs forces us to reconsider our views (...) about what is involved in understanding, explanation, good reasoning, and about how we ought to do philosophy of science. (shrink)

The most cursory examination of the history of artificial intelligence highlights numerous egregious claims of its researchers, especially in relation to a populist form of ‘strong’ computationalism which holds that any suitably programmed computer instantiates genuine conscious mental states purely in virtue of carrying out a specific series of computations. The argument presented herein is a simple development of that originally presented in Putnam’s (Representation & Reality, Bradford Books, Cambridge in 1988 ) monograph, “Representation & Reality”, which if correct, has (...) important implications for turing machine functionalism and the prospect of ‘conscious’ machines. In the paper, instead of seeking to develop Putnam’s claim that, “everything implements every finite state automata”, I will try to establish the weaker result that, “everything implements the specific machine Q on a particular input set ( x )”. Then, equating Q ( x ) to any putative AI program, I will show that conceding the ‘strong AI’ thesis for Q (crediting it with mental states and consciousness) opens the door to a vicious form of panpsychism whereby all open systems, (e.g. grass, rocks etc.), must instantiate conscious experience and hence that disembodied minds lurk everywhere. (shrink)

Standard Analytic Epistemology (SAE) names a contingently clustered class of methods and theses that have dominated English-speaking epistemology for about the past half-century. The major contemporary theories of SAE include versions of foundationalism, coherentism, reliabilism, and contextualism. While proponents of SAE don’t agree about how to define naturalized epistemology, most agree that a thoroughgoing naturalism in epistemology can’t work. For the purposes of this paper, we will suppose that a naturalistic theory of epistemology takes as its core, as its starting-point, (...) an empirical theory. The standard argument against naturalistic approaches to epistemology is that empirical theories are essentially descriptive, while epistemology is essentially prescriptive, and a descriptive theory cannot yield normative, evaluative prescriptions. In short, naturalistic theories cannot overcome the is-ought divide. Our main goal in this paper is to show that the standard argument against naturalized epistemology has it almost exactly backwards. (shrink)

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

The initial argument presented herein is not significantly original—it is a simple reflection upon a notion of computation originally developed by Putnam and criticised by Chalmers et al. . In what follows, instead of seeking to justify Putnam’s conclusion that every open system implements every Finite State Automaton and hence that psychological states of the brain cannot be functional states of a computer, I will establish the weaker result that, over a finite time window every open system implements the trace (...) of FSA Q, as it executes program on input . If correct the resulting bold philosophical claim is that phenomenal states—such as feelings and visual experiences—can never be understood or explained functionally. (shrink)

This chapter provides a gentle introduction to contextual emergence and its implications for the structure of the material world as well as implications for meaning in our world.

A heuristic is a rule of thumb. In psychology, heuristics are relatively simple rules for making judgments. A fast heuristic is easy to use and allows one to make judgments quickly. A frugal heuristic relies on a small fraction of the available evidence in making judgments. Typically, fast and frugal heuristics (FFHs) have, or are claimed to have, a further property: They are very reliable, yielding judgments that are about as accurate in the long run as ideal non-fast, non-frugal rules. (...) This paper introduces some well-known examples of FFHs, raises some objections to the FFH program, and looks at the implications of those parts of the FFH program about which we can have some reasonable degree of confidence. (shrink)

This study was designed to determine effects of peer-health-education on sexual health knowledge and attitudes of tertiary institution students in Imo State Nigeria by determining the mean gain scores of sexual health knowledge and attitudes after peer health education. Quasi-experimental (pre-test-post-test) research design was employed. Two hundred students drawn from the University, Polytechnic and College of Education, using a multi-stage sampling technique participated in the peer sessions which were facilitated by trained peer educators. Data were analyzed using ANCOVA and Z-test. (...) Findings revealed improved knowledge and attitudes on sexual health, as depicted by positive mean gain scores. Age group 16 - 20 years had the highest mean gain score ( X = 22.31) of sexual health knowledge than the rest, while age group 26 - 30 years had the highest mean gain score ( X = 10.59) of sexual health attitudes. Males had higher mean gain score ( X = 26.05) of sexual health knowledge, while females had higher mean gain score ( X = 9.77) of sexual health attitudes. The first years (100 level students) had the highest mean gain score ( X = 25.71) of sexual health knowledge and also had the highest mean gain score ( X = 14.12) of sexual health attitudes. Level of study was significant both for knowledge and attitudes (P < 0.01). It is recommended that peer-health-education be explored further as a method of communicating sexual health issues to tertiary institution students and youths generally. (shrink)

Scientific realism says of our best scientific theories that (1) most of their important posits exist and (2) most of their central claims are approximately true. Antirealists sometimes offer the pessimistic induction in reply: since (1) and (2) are false about past successful theories, they are probably false about our own best theories too. The contemporary debate about this argument has turned (and become stuck) on the question, Do the central terms of successful scientific theories refer? For example, Larry Laudan (...) offers a list of successful theories that employed central terms that failed to refer, and Philip Kitcher replies with a view about reference in which the central terms of such theories did sometimes refer. This article attempts to break this stalemate by proposing a direct version of the pessimistic induction, one that makes no explicit appeal to a substantive notion or theory of reference. While it is premature to say that this argument succeeds in showing that realism is probably false, the direct pessimistic induction is not subject to any kind of reference-based objection that might cripple a weaker, indirect version of the argument. Any attempt to trounce the direct pessimistic induction with a theory of reference fails. (shrink)

Alison Gopnik and Andrew Meltzoff have argued for a view they call the ‘theory theory’: theory change in science and children are similar. While their version of the theory theory has been criticized for depending on a number of disputed claims, we argue that there is a fundamental problem which is much more basic: the theory theory is multiply ambiguous. We show that it might be claiming that a similarity holds between theory change in children and (i) individual scientists, (ii) (...) a rational reconstruction of a Superscientist, or (iii) the scientific community. We argue that (i) is false, (ii) is non-empirical (which is problematic since the theory theory is supposed to be a bold empirical hypothesis), and (iii) is either false or doesn’t make enough sense to have a truth-value. We conclude that the theory theory is an interesting failure. Its failure points the way to a full, empirical picture of scientific development, one that marries a concern with the social dynamics of science to a psychological theory of scientific cognition. (shrink)

In “Epistemology Naturalized” Quine famously suggests that epistemology, properly understood, “simply falls into place as a chapter of psychology and hence of natural science” (1969, 82). Since the appearance of Quine’s seminal article, virtually every epistemologist, including the later Quine (1986, 664), has repudiated the idea that a normative discipline like epistemology could be reduced to a purely descriptive discipline like psychology. Working epistemologists no longer take Quine’s vision in “Epistemology Naturalized” seriously. In this paper, I will explain why I (...) think this is a mistake. (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.

Social epistemology is autonomous: When applied to the same evidential situations, the principles of social rationality and the principles of individual rationality sometimes recommend inconsistent beliefs. If we stipulate that reasoning rationally from justified beliefs to a true belief is normally sufficient for knowledge, the autonomy thesis implies that some knowledge is essentially social. When the principles of social and individual rationality are applied to justified evidence and recommend inconsistent beliefs and the belief endorsed by social rationality is true, then (...) that true belief would be an instance of social knowledge but not individual knowledge. (shrink)

In this paper, I propose a novel approach to investigating the nature of well-being and a new theory about wellbeing. The approach is integrative and naturalistic. It holds that a theory of well-being should account for two different classes of evidence—our commonsense judgments about well-being and the science of well-being (i.e., positive psychology). The network theory holds that a person is in the state of well-being if she instantiates a homeostatically clustered network of feelings, emotions, attitudes, behaviors, traits, and interactions (...) with the world that tends to have a relatively high number of states that feel good, that lead to states that feel good, or that are valued by the agent or her culture. (shrink)

Strategic Reliabilism is a framework that yields relative epistemic evaluations of belief-producing cognitive processes. It is a theory of cognitive excellence, or more colloquially, a theory of reasoning excellence (where 'reasoning' is understood very broadly as any sort of cognitive process for coming to judgments or beliefs). First introduced in our book, Epistemology and the Psychology of Human Judgment (henceforth EPHJ), the basic idea behind SR is that epistemically excellent reasoning is efficient reasoning that leads in a robustly reliable fashion (...) to significant, true beliefs. It differs from most contemporary epistemological theories in two ways. First, it is not a theory of justification or knowledge – a theory of epistemically worthy belief. Strategic Reliabilism is a theory of epistemically worthy ways of forming beliefs. And second, Strategic Reliabilism does not attempt to account for an epistemological property that is assumed to be faithfully reflected in the epistemic judgments and intuitions of philosophers. If SR makes recommendations that accord with our reflective epistemic judgments and intuitions, great. If not, then so much the worse for our reflective epistemic judgments and intuitions. (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)

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)

Viewed in the light of the remarkable performance of ‘Watson’ - IBMs proprietary artificial intelligence computer system capable of answering questions posed in natural language - on the US general knowledge quiz show ‘Jeopardy’, we review two experiments on formal systems - one in the domain of quantum physics, the other involving a pictographic languaging game - whereby behaviour seemingly characteristic of domain understanding is generated by the mere mechanical application of simple rules. By re-examining both experiments in the context (...) of Searle’s Chinese Room Argument, we suggest their results merely endorse Searle’s core intuition: that ‘syntactical manipulation of symbols is not sufficient for semantics’. Although, pace Watson, some artificial intelligence practitioners have suggested that more complex, higher-level operations on formal symbols are required to instantiate understanding in computational systems, we show that even high-level calls to Google translate would not enable a computer qua ‘formal symbol processor’ to understand the language it processes. We thus conclude that even the most recent developments in ‘quantum linguistics’ will not enable computational systems to genuinely understand natural language. (shrink)

In a reflective and richly entertaining piece from 1979, Doug Hofstadter playfully imagined a conversation between ‘Achilles’ and an anthill (the eponymous ‘Aunt Hillary’), in which he famously explored many ideas and themes related to cognition and consciousness. For Hofstadter, the anthill is able to carry on a conversation because the ants that compose it play roughly the same role that neurons play in human languaging; unfortunately, Hofstadter’s work is notably short on detail suggesting how this magic might be achieved1. (...) Conversely in this paper - finally reifying Hofstadter’s imagination - we demonstrate how populations of simple ant-like creatures can be organised to solve complex problems; problems that involve the use of forward planning and strategy. Specifically we will demonstrate that populations of such creatures can be configured to play a strategically strong - though tactically weak - game of HeX (a complex strategic game).We subsequently demonstrate how tactical play can be improved by introducing a form of forward planning instantiated via multiple populations of agents; a technique that can be compared to the dynamics of interacting populations of social insects via the concept of meta-population. In this way although, pace Hofstadter, we do not establish that a meta-population of ants could actually hold a conversation with Achilles, we do successfully introduce Aunt Hillary to the complex, seductive charms of HeX. (shrink)

The Law Society recently published a practice note titled 'Prosecutions of victims of trafficking'. This practice note comes many years after many lawyers had highlighted the problem and after the government machinery had chuntered into action and passed the UK Modern Slavery Act 2015 with explanatory notes and non-statutory guidelines for corporations. Since 2012 there had been issued warnings about the way defence lawyers, the Crown Prosecution Service and the UK police were dealing with trafficking and the Criminal Cases Review (...) Commission as far back as 2012 had note the severe failings by defence solicitors, prosecution and police, leading to many appeals and potential miscarriages of justice. Even in 2012 there were 946 known human trafficking victims, including 234 children. There was an attempt at a Human Trafficking Bill in 2010 which came to a halt and several reports including one by the Prison Reform Trust and Cambridge University Press, notwithstanding many books by notable academics for many years before today. This article examines the inadequacies of the Law Society practice note on defending victims and the jumble of high-ideals but short-sighted and impractical parts of the UK Modern Slavery Act 2015. (shrink)