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.

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)

感謝《鵝湖月刊》給我機會討論拙作《比較的時代 ——中西視野中的儒家哲學前沿問題》（以下簡稱《比較的時代》），也很感謝李明書、李健君、張麗麗三位年輕有為的學者認真討論我在書中提出的一些問題。 三位學者都認識到這裏討論的「比較哲學」是通過比較來研究哲學，而不僅僅是比較已經存在的相同和不同的哲學思想。 在我看來， 單純地比較不同的哲學思想基本上是哲學史的工作。 而通過運用比較的方法做哲學則是哲學本身的工作，是建構性的原創性的工作。 說我們的時代是一個比較的時代，是說我們處於一個以比較為特徵來研究和建構哲學思想的時代。 通過比較來做哲學，就是要通過研究不同的哲學流派和不同的哲學思想，來進而建構新的哲學思想，以回答時代向我們提出的問題。在這個方面，我個人的看法是，今天的儒家哲學研究已經進入了一個不可迴避、不可逆轉的比較 的時代。 這是一件大好事。 這樣的研究使我們有更廣闊的視野，使我們有更多、更豐富的思想資源，也使我們更可能有效地回答時代提出的問題。 這裡我分別對三位學者提出的問題做出回應。.

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)

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 essay introduces the philosophy of harmony in Classical Confucianism. In the first part of the essay the author summarizes the concept of harmony as it was developed in various Confucian classics. In the second part, the author offers an account of the Confucian program of harmony, ranging from internal harmony in the person, to harmony in the family, the state, the international world, and finally to harmony in the entire universe.

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)

In this paper, we aim to trace the origin of the systematic cross-cultural variations in referential intuitions by investigating the effects of perspective taking on people’s responses in the Gödel-style probes through two novel experiments. Here is how we will proceed. In section 2, we first briefly introduce the MMNS (2004) study, and then critically review the two relevant studies conducted by Sytsma and colleagues (i.e., Sytsma and Livengood 2011; Sytsma et al. 2015). In section 3, we introduce the literature (...) on cross-cultural variation in perspective taking in cultural psychology, which together with the conjecture of perspectival ambiguity leads to the hypothesis of our current study. In sections 4 and 5, two new experiments on how perspective taking affects people’s responses in hypothetical stories modelled on the Gödel thought experiment will be reported. Based on the empirical findings, in section 6 we argue that the robust cross-cultural variations thus far observed in people’s responses to the Gödel cases are largely attributable to culturally specific perspective-taking strategies, which provides new support for the proposal previously made by Sytsma and Livengood (2011). The implications of the experimental results for the ongoing work of testing the theories of refence of names and for the current metaphilosophical debate on the robustness of philosopher’s intuitions are also drawn in this section. Finally, the major conclusions and contributions of the current study are highlighted in section 7. (shrink)

Though there is a wide and varied literature on ethical supererogation, there has been almost nothing written about its epistemic counterpart, despite an intuitive analogy between the two fields. This paper seeks to change this state of affairs. I will begin by showing that there are examples which intuitively feature epistemically supererogatory doxastic states. Next, I will present a positive theory of epistemic supererogation that can vindicate our intuitions in these examples, in an explanation that parallels a popular theory of (...) ethical supererogation. Roughly, I will argue that a specific type of epistemic virtue—the ability to creatively think up plausible hypotheses given a body of evidence—is not required of epistemic agents. Thus, certain exercises of this virtue can result in supererogatory doxastic states. In presenting this theory, I will also show how thinking about epistemic supererogation can provide us a new way forward in the debate about the uniqueness thesis for epistemic rationality. (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.

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.

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.

Background: School meal programs are not only government initiatives but also community-driven efforts. Aiming to combat food insecurity among school-aged children effectively, these programs are executed in conjunction with food bank initiatives. Various community groups play a crucial role in the success of both food security initiatives. There is a need to improve community engagement to successfully link school meal programs with food banks to build program synergy, combating food insecurity through a two-sided approach. Aim: This study aims to examine (...) community engagement in school meals program by analyzing its purposeful focus on creating jobs and income-generating opportunities for different community groups, i.e., youths, women, and others. Methods: The Bayesian Mindsponge Framework, combining the reasoning strengths of Mindsponge theory and inference advantages of Bayesian analysis, was employed on a dataset of 126 government representatives who manage large-scale school meal programs in 126 different countries. Results: Findings showed that the school meals program’s purposeful focus on creating jobs and income-generating opportunities for women in the community was positively associated with community engagement, thereby supporting the linkage between the programs and food banks. In contrast, providing jobs and income-generating opportunities for youths and other community groups had an ambiguous association with community engagement in school meal programs. Conclusions: Findings underscore the importance of creating jobs and income-generating opportunities for women to improve community engagement in school meal programs. Formulating strategies that empower woman’s entrepreneurship may foster their involvement and engagement in school meal programs, promising to successfully link these programs with food bank initiatives among implementing countries. (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 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)

Past work has shown systematic differences between Easterners' and Westerners' intuitions about the reference of proper names. Understanding when these differences emerge in development will help us understand their origins. In the present study, we investigate the referential intuitions of English- and Chinese-speaking children and adults in the U.S. and China. Using a truth-value judgment task modeled on Kripke's classic Gödel case, we find that the cross-cultural differences are already in place at age seven. Thus, these differences cannot be attributed (...) to later education or enculturation. Instead, they must stem from differences that are present in early childhood. We consider alternate theories of reference that are compatible with these findings and discuss the possibility that the cross-cultural differences reflect differences in perspective-taking strategies. (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)

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)

Few would deny that something ontologically depends on something else. Given that something depends on something, what depends on what? Huayan Buddhism 華嚴宗, a prominent Chinese Buddhist school, is known for its extensive thesis of interdependence, according to which everything depends on everything else. This intriguing thesis is entangled with seemingly paradoxical claims that everything is not only identified with everything else but also contained within it. Moreover, the radical thesis of interdependence entails that dependence is pervasive and symmetric. In (...) this paper, I first develop a contemporary interpretation of Huayan interdependence by employing the definitional account of essence and the essence-based account of dependence. Through these contemporary resources, I elucidate and unify the theses of interdependence, mutual identity, and mutual containment within Huayan Buddhism. I then propose a unique framework of ontological dependence that suggests varying degrees of ontological dependence, aimed at accommodating and explaining away our intuitions against pervasive and symmetric dependence. By contemporizing Huayan Buddhism, I explore its potential and facilitate engagement between contemporary metaphysics and Huayan Buddhism. (shrink)

This paper covers the home-made bombing used at the 2013 Boston Marathon annual races even though we knew before the trial began that the verdict will have to be 'guilty' because the people of Boston demanded that verdict and received the first lap of the verdict on 8 April 2015. Neither beautiful technical rulings nor breaches of prosecution disclosure rules nor metadata queries nor tampered evidence would have held sway at this trial.

Rationality is intrapersonally permissive just in case there are multiple doxastic states that one agent may be rational in holding at a given time, given some body of evidence. One way for intrapersonal permissivism to be true is if there are epistemic supererogatory beliefs—beliefs that go beyond the call of epistemic duty. Despite this, there has been almost no discussion of epistemic supererogation in the permissivism literature. This paper shows that this is a mistake. It does this by arguing that (...) the most popular ways of responding to one of the major obstacles to any intrapersonally permissive all fall prey to the same problem. This problem is most naturally solved by positing a category of epistemically supererogatory belief. So intrapersonal epistemic permissivists should embrace epistemic supererogation. (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)

The Scottish story of the daughter of two doctors who bore five children and who did not take one child to see a doctor when he was ill-he died-she was charged with murder.

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)

This essay analyses two kinds of harmony as exemplified in Confucianism and Daoism and examines their relation with domination and freedom.

Our age is one of globalization. A major characteristic of this age is the interaction, contention, and integration of various cultural and philosophical traditions. In such an environment, Chinese studies can no longer be conducted in isolation, independently of external influences. If we call the 18th-19th centuries the age of reason, the 20th century the age of analysis, the 21st century is the age of comparative study. In our age, the mantra of “interpreting China in terms of (only) Chinese perspectives” (...) is no longer appropriate. Comparative approaches are becoming a quasi-paradigm in Chinese studies. (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)

Market crises amplify fear, disrupting rational decision-making of stock investment. This study examines the relationship between investors’ information priorities—such as intuition, company performance, technical analysis, and other factors—and their fear responses (freeze, flight, and hiding) during market crashes. Using the Bayesian Mindsponge Framework (BMF) to analyze data from 1,526 investors in China and Vietnam, the findings reveal complex dynamics. We found positive associations between investors’ prioritization of social influence and intuition for investment decision-making with being freeze (i.e., not knowing what (...) to do with the owned stock), between prioritization of professionals’ evaluation and intuition with fleeing (i.e. giving up stock investment permanently), and between prioritization of professionals’ evaluation and social influence with hiding (i.e., stopping investing in stock for a while). In contrast, prioritization of companies’ performance metrics (e.g., net profit, debt, etc.) was negatively associated with being freeze, fleeing, and hiding. Meanwhile, prioritization of professionals’ evaluation, technical analysis, and liquidity was negatively associated with being freeze, fleeing, and hiding, respectively. The study highlights the importance of disseminating transparent, accurate information through government and media channels, along with implementing financial education programs, to promote rational investment decisions and reduce fear-driven behaviors. (shrink)

All cultures are infused by or even rooted in certain values. Although those values are generally recognised in all societies, they are diversely ranked or proritised in different human groups and different perceptions partly account for cultural diversity as not all values can be equally upheld in any community or by any individual. Though value universalism in a strict sense is unachievable, we can all agree on a pluralistic mutual understanding of and tolerance for diversity.

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)

This articvle describes the fire, its probable cause and corporate criminal responsibility -whether reckless manslaughter or criminal act manslaughter.

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

Abstract: In this essay I will discuss five major challenges faced by Confucianism in recent times. Two of these challenges have been widely acknowledged, namely those of science and democracy. I believe that Confucianism's problem with science has been largely solved, even though more constructive work would further strengthen Confucianism in this regard. The problem of democracy is still being dealt with. I will examine three more major challenges. The third major challenge for Confucianism comes from environmentalism. Confucianism has taken (...) note of its important message and has begun to respond to it. The fourth major challenge is the feminist challenge. Even though contemporary Confucianism accepts sexual equality, philosophically significant progress is yet to be made. The final challenge is the challenge of Confucianism's own survival. After serving three major assults in the 20th century, especially the most recent assult by "the glorious cat," Confucianism needs to find a way to renew itself into future. . (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)

While largely agreeing with Ruiping Fan, Chenyang Li makes three points regarding the handling of COVID-19. First, in addition to state capacity, social trust, and leadership, as identified by Francis Fukuyama, factors responsible for successful pandemic responses include the value of individual freedom upheld by citizens. A high level of individual freedom can make it difficult to implement strict measures even when they are objectively necessary. Second, a strong state can be effective in handling a pandemic, but without checks and (...) balances it also runs the risk of leading a country into a major catastrophe. Third, Confucian ethics and other ethics can aid in coping with the pandemic. However, their efficacy is not unlimited, and ultimately, human survival overrides other concerns. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)