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.

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)

On rationalist infallibilism, a wide range of both (i) analytic and (ii) synthetic a priori propositions can be infallibly justified (or absolutely warranted), i.e., justified to a degree that entails their truth and precludes their falsity. Though rationalist infallibilism is indisputably running its course, adherence to at least one of the two species of infallible a priori justification refuses to disappear from mainstream epistemology. Among others, Putnam (1978) still professes the a priori infallibility of some category (i) propositions, while Burge (...) (1986, 1988, 1996) and Lewis (1996) have recently affirmed the a priori infallibility of some category (ii) propositions. In this paper, I take aim at rationalist infallibilism by calling into question the a priori infallibility of both analytic and synthetic propositions. The upshot will be twofold: first, rationalist infallibilism unsurprisingly emerges as a defective epistemological doctrine, and second, more importantly, the case for the a priori infallibility of one or both categories of propositions turns out to lack cogency. (shrink)

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.

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.

Beauchamp and Childress created the ‘four principle’ approach to help clinicians analyse and resolve ethical dilemmas they may encounter when working. In this project, I will consider whether autonomy ought to have a privileged position within the four principles and if the four principles can apply outside the medical sphere.

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)

This article was born of memories of minority groups' plights in the United Kingdom some decades ago and illustrates how opinions become entrenched in citizens minds mainly due to what they read in the media at the time. Today in the UK we still have much ethnic minority groups suffering plain -/- discrimination at work and in society at large. UK police spent 8 million pounds between years 2000 and 2008 doing footwork to relieve this injustice. Nothing came of it (...) apart from some minor attempts at improvement. Then in 2008 this guidance-seen in Appendix 1 of this article, was published by ACPO. We now have the ongoing minority discrimination, still more overt than covert and we have the new asylum seekers influx expected from Ukraine. This piece attempts to show how little improvement there has been over half a century and visibly over the past two decades. (shrink)

Earthbodies describes how our bodies are open circuits to a sensual magic and planetary care that when closed off leads to disastrous detours, such as illness, ...

Cyborgs are ongoing becomings of a doubly “in-between” temporality of humans and machines. Materially made from components of both sorts of beings, cyborgs gain increasing function through an interweaving in which each alters the other, from the level of “neural plasticity” to software updates to emotional breakthroughs of which both are a part. One sort of temporal in-between is of the progressive unfolding of a deepening becoming as “not-one-not-two” and the other is a “doubling back” of time into itself in (...) which moments that were once disparate are conjoined or enjambed. Tracing the experience of Michael Chorost during a four year period of coming to terms with his cochlear implant, related in Rebuilt: How Becoming Part Computer Made Me More Human, the essay pinpoints shifts in awareness, perceptual belief, and being-with others that unfold within the in-between of person and machine. (shrink)

Linguistic competence, in general terms, involves the ability to learn, understand, and speak a language. The nativist view in the philosophy of linguistics holds that the principal foundation of linguistic competence is an innate faculty of linguistic cognition. In this paper, close scrutiny is given to nativism's fundamental commitments in the area of metaphysics. In the course of this exploration it is argued that any minimally defensible variety of nativism is, for better or worse, married to two theses: linguistic competence (...) is grounded in a faculty of linguistic cognition that is (i) embodied and (ii) whose operating rules are represented in the brains of human language users. (shrink)

Minimalism is currently the received deflationary theory of truth. On minimalism, truth is a transparent concept and a deflated property of truth bearers. In this paper, I situate minimalism within current deflationary debate about truth by contrasting it with its main alternative―the redundancy theory of truth. I also outline three of the primary challenges facing minimalism, its formulation, explanatory adequacy and stability, and draw some lessons for the soundness of its conception of truth.

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.

According to Field’s influential incompleteness objection, Tarski’s semantic theory of truth is unsatisfactory since the definition that forms its basis is incomplete in two distinct senses: (1) it is physicalistically inadequate, and for this reason, (2) it is conceptually deficient. In this paper, I defend the semantic theory of truth against the incompleteness objection by conceding (1) but rejecting (2). After arguing that Davidson and McDowell’s reply to the incompleteness objection fails to pass muster, I argue that, within the constraints (...) of a non-reductive physicalism and a holism concerning the concepts of truth, reference and meaning, conceding Field’s physicalistic inadequacy conclusion while rejecting his conceptual deficiency conclusion is a promising reply to the incompleteness objection. (shrink)

On rationalist infallibilism, a wide range of both (i) analytic and (ii) synthetic a priori propositions can be infallibly justified, i.e., justified in a way that is truth-entailing. In this paper, I examine the second thesis of rationalist infallibilism, what might be called ‘synthetic a priori infallibilism’. Exploring the seemingly only potentially plausible species of synthetic a priori infallibility, I reject the infallible justification of so-called self-justifying propositions.

The superassertability theory of truth, inspired by Crispin Wright (1992, 2003), holds that a statement is true if and only if it is superassertable in the following sense: it possesses warrant that cannot be defeated by any improvement of our information. While initially promising, the superassertability theory of truth is vulnerable to a persistent difficulty highlighted by James Van Cleve (1996) and Terrence Horgan (1995) but not properly fleshed out: it is formally illegitimate in a similar sense that unsophisticated epistemic (...) theories of truth are widely acknowledged to be. Sustained analysis reveals that the unrestricted formal legitimacy argument is firmly grounded in first person conceivability evidence. (shrink)

The weak deflationist about truth is committed to two theses: one conceptual, the other ontological. On the conceptual thesis (what might be called a ‘triviality thesis’), the content of the truth predicate is exhausted by its involvement in some version of the ‘truth-schema’. On the ontological thesis, truth is a deflated property of truth bearers. In this paper, I focus on weak deflationism’s ontological thesis, arguing that it generates an instability in its view of truth: the view threatens to collapse (...) into either that of strong deflationism (i.e., truth is not a property) or that of some form of inflationism (i.e., truth is a substantial property). The instability objection to weak deflationism is sketched by way of a truth-property ascription dilemma, the two horns of which its proponent is at pains to circumvent. (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.

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)

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)

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 essay discusses how our traditional ethics may harbor assumptions that place humans in a position in which overt violence towards animals is an almost inevitable outcome since their formulation involves violence towards ourselves and our animal fellows in our cutting our embodied ties with them. The essay explores Derrida’s Animal that Therefore, I Am, in its detailing of the two discourses within European intellectual history of those who felt they were “above” animals and were not addressed by them versus (...) those who could acknowledge that animals do address us. Derrida also cites the “lyconomy” of this tradition that brandishes the image of the “wolf” within us as a streak of rapacious violence that we can only fight with violence, thus projecting onto the wolf a false identity to justify our own demons of violence. Merleau-Ponty’s notions of embodiment further this idea that we are enmeshed with animals in a basic affective, perceptual and visceral way and that to ignore this interweaving of lives is to do violence to ourselves as well as violence towards them. I then cite ethologists for evidence that wolves are one of the most social, non-violent animals on the planet and detail how two million were slaughtered in the name of eradicating an “evil” being. Such behavior on our part I call “speciocide,” as heinous as genocide. Finally, phenomenology, as one particular philosophical approach, may have a critical edge in helping us to see our animal fellows more clearly, to understand them better, and discern our truer moral obligations to them. (shrink)

This essay details wolves’ sense of their surround in terms of how wolves’ perceptual acuities, motor abilities, daily habits, overriding concerns, network of intimate social bonds and relationship to prey gives them a unique sense of space, time, belonging with other wolves, memorial sense, imaginative capacities, dominant emotions (of affection, play, loyalty, hunger, etc.), communicative avenues, partnership with other creatures, and key role in ecological thriving. Wolves are seen to live within a vast sense of aroundness and closeness to aspects (...) of their surround (compared to humans), a highly charged intimacy and cooperation with other wolves, and a caring and non-aggressive attitude that goes beyond the pack, despite their loyalty and defense of territory. The cultural myths and history that absurdly demonize the wolf are explored in their self-righteous attempts to exterminate wolves, which I call “speciocide” and probe for projections of human viciousness. The supposed rapaciousness of wolves is re-examined by expanding Barry Lopez’s sense of the silent dialogue of death with other creatures to be reconsidered as a kind of respect, assertion of vitality, recognition or mortality and cooperation. (shrink)

The critique of tourism as being only a distanced, detached, and consumerist passing through of foreign landscapes and cultures isdisputed in this essay. The idea that tourism necessarily fits the paradigm of inauthenticity as the tranquilized and alienated hopping from spot to spot in prepackaged, superficial presentations is contrasted with another sense of tourism as drawing upon the potential power of the glance to disrupt the everyday, to focus on the particular, to be surprised by the new, and to bodily (...) join up with the rhythms of place being as shifting. Authenticity is seen in both Heidegger and Merleau-Ponty to be primarily about a greater bodily awareness of surround and transformation of the self as an ongoing process of “selving” that yields a more singular sense of who one is in relationship to places and their interconnectedness. To gain a better sense of oneself in one own being or uniqueness is to gain more meaning through emplacement within the surround. The glance at a new world can open up an “interplace” which expands anddeepens the sense of who we are in the interconnection and reverberations among places. (shrink)

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)

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)

Professor Nicholas Ryder (see Appendix A for a list of his published works) and Dr Karen Harrison (see Appendix B for a list of her published works) have produced this second edition of The Law relating to financial crime in the United Kingdom (published by Routledge of Taylor & Francis Group) in order to bring the work up-to-date; to include recent legislation and government policy developments; and also to add the financial crime topics of tax evasion, market manipulation (including insider (...) trading) and cybercrime, making this work a complete and well-rounded university-level introduction to the criminal laws relating to financial crimes as they affect the United Kingdom. (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 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)

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)

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)

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)