this is a review of Sally Sedgwick's Hegel's Critique of Kant (OUP 2012), published in Kant-Studien.

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

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)

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

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)

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.

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

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

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

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

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)

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.

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

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, 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)

Arguing against the claim that beliefs are reasons for action.

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)

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

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

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

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

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

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)

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

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

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

There has been a significant amount of research, from a variety of disciplines, targeting the nature and political status of human categories such as woman, man, Black, and Latino. The result is a tangle of concepts and distinctions that often obscure more than clarify the subject matter. This incentivizes the creation of fresh terms and distinctions that might disentangle the old, but too often these efforts just add to the snarl. The process iterates, miscommunication becomes standard, and insufficiently vetted concepts (...) can gain central theoretical status. Over the last two decades, Sally Haslanger ’s work in this area – conveniently consolidated in the volume “Resisting Reality: Social construction and social critique” – has been a much needed corrective to this process; Haslanger ’s terms and distinctions really do disentangle. This review organizes and explicates central themes from Haslanger ’s volume. It then offers some critical comments, arguing that some of Haslanger ’s distinctions and proposals are less successful than others. (shrink)

Saba Mahmood’s anthropological work studies the gain in skills, agency and capacity building by the women’s dawa movement in Egypt. These women increase their virtue toward the goal of piety by following dominant, often patriarchal norms. Mahmood argues that “teleological feminism” ignores this gain in agency because this kind of feminism only focuses on opposition or resistance to these norms. In this paper I defend Mahmood’s “anti-teleological” feminist work from criticisms that her project valorizes oppression and has no vision for (...) a nonoppressive feminist future. I argue the future envisioned by teleological feminists gets caught in “the Hegelian” trap of replicating past oppression in their feminist future. I find in Mahmood’s work the tools to escape this trap. I argue, rather than a movement of overcoming oppression, Mahmood’s work suggests an immanent and creative movement that emphasizes difference for a truly new future. I turn to a Bergsonian metaphor and argue that this movement can be seen as akin to the movement of biological evolution. I conclude using the work of Eve Sedgwick that the Egyptian women that Mahmood studies are being read in a “paranoid” fashion and demonstrate using Leila Ahmed a better “reparative” reading of these women. (shrink)

Stove's article, 'So you think you are a Darwinian?'[ 1] was essentially an advertisement for his book, Darwinian Fairytales.[ 2] The central argument of the book is that Darwin's theory, in both Darwin's and recent sociobiological versions, asserts many things about the human and other species that are known to be false, but protects itself from refutation by its logical complexity. A great number of ad hoc devices, he claims, are used to protect the theory. If co operation is observed (...) where the theory predicts competition, then competition is referred to the time of the cavemen, or is reinterpreted as competition between some hidden entities like genes or abstract entities like populations. In a characteristic sally, Stove writes of the sociobiologists' oscillation on the meaning of kin altruism: Any discussion of altruism with an inclusive fitness theorist is, in fact, exactly like dealing with a pair of balloons connected by a tube, one balloon being the belief that kin altruism is an illusion, the other being the belief that kin altruism is caused by shared genes. If a critic puts pressure on the illusion balloon - perhaps by ridiculing the selfish theory of human nature - air is forced into the causal balloon. There is then an increased production of earnest causal explanations of why we love our children, why hymenopteran workers look after their sisters, etc., etc. Then, if the critic puts pressure on the causal balloon - perhaps about the weakness of sibling altruism compared with parental, or the absence of sibling altruism in bacteria - then the illusion balloon is forced to expand. There will now be an increased production of cynical scurrilities about parents manipulating their babies for their own advantage, and vice versa, and in general, about the Hobbesian bad times that are had by all. In this way critical pressure, applied to the theory of inclusive fitness at one point, can always be easily absorbed at another point, and the theory as a whole is never endangered.[ 3] Now, it is uncontroversial to assert that Darwinism is a logically complex theory, and that its relation to empirical evidence is distant and multi faceted. One does not directly observe chance genetic variations leading to the development of new species, or even continuous variations in the fossil record, but must rely on subtle arguments to the best explanation, scaling up from varieties to species, and so on.. (shrink)

Taking up a recent critique of Nancy Fraser by Sally Haslanger, this paper defends the primary thesis of Marxist-Feminist unitarytheory that the systematic reproduction of modern forms of racial and gendered oppression is due to their co-articulation with thereproduction of capitalist social relations against three criticisms offered by Haslanger. It develops its defense of Fraser’s articulation of unitary theory by acknowledging a social ontological deficit in that theory insofar as it does not contain a theory of thesocial construction of (...) human kinds and amending this deficit by drawing on revised aspects of Haslanger’s own work. It arguesthat the global reproduction of race and gender as hierarchical social relations is a consequence of the reproduction of capitalism although local gender and race kinds are asymmetrically co-constituted by non-capitalist social practices. (shrink)

Hegel famously criticizes Kant’s resolution of the antinomies. According to Sedgwick, Hegel primarily chastises Kant’s resolution for presupposing that concepts are ‘one-sided’, rather than identical to their opposites. If Kant had accepted the dialectical nature of concepts, then (according to Sedgwick) Kant would not have needed to resolve the antinomies. However, as Ameriks has noted, any such interpretation faces a serious challenge. Namely, Kant’s first antinomy concerns the universe’s physical dimensions. Even if we grant that the concept of (...) the finite is necessarily related to that of the infinite, the physical universe cannot both have and lack a temporal beginning. I argue that Hegel neither adopts Sedgwick’s view that Kant’s antinomies require no resolution nor absurdly accepts that the physical universe both has and lacks a temporal beginning. Instead, Hegel proposes a sophisticated resolution of Kant’s first antinomy (including its physical aspect) that depends on Hegel’s theory of the Absolute. (shrink)

I am in almost complete agreement with Arlene Lo (2022). Child abuse victims surely suffer hermeneutical injustice if they are denied the concepts necessary to understand their experience, and that injustice is immensely harmful. In this reply, I offer an amendment to Lo’s use of Sally Haslanger’s distinction between manifest and operative concepts. I then raise some wider questions about the hermeneutical marginalization of children. The work that has so far been done on epistemic injustice against children has focused (...) mostly on testimonial injustice. It is time to give more attention to hermeneutical injustice. (shrink)

In this essay, I consider Sally Haslanger’s social constructivist account of race and propose a modification to the nature of hierarchy specified. According to Haslanger, race will cease to exist post-hierarchy, given that she builds in a requirement of synchronic hierarchy for the existence of race. While Haslanger maintains that racial identity would linger beyond hierarchical treatment in the form of ethnicity, I will suggest this fails to provide adequate conceptual justice for the cultures and aesthetics which emerged out (...) of past oppression. In response, I propose a modification which would allow us to recognize the possibility of post-hierarchical races. (shrink)

Norman forms the belief that the president is in New York by way of a clairvoyance faculty he doesn’t know he has. Many agree that his belief is unjustified but disagree about why it is unjustified. I argue that the lack of justification cannot be explained by a higher-level evidence requirement on justification, but it can be explained by a no-defeater requirement. I then explain how you can use cognitive faculties you don’t know you have. Lastly, I use lessons from (...) the foregoing to compare Norman’s belief, formed by clairvoyance, with Sally’s theistic belief, formed by a sensus divinitatis. (shrink)

This article argues that postwar Seventeen magazine, a publication deeply invested in enforcing heteronormativity and conventional models of girlhood and womanhood, was in fact a more complex and multivocal serial text whose editors actively sought out, cultivated, and published girls’ creative and intellectual work. Seventeen's teen-authored “Curl Up and Read” book review columns, published from 1958 through 1969, are examples of girls’ creative intellectual labor, introducing Seventeen's readers to fiction and nonfiction which ranged beyond the emerging “young-adult” literature of the (...) period. Written by young people – including thirteen-year-old Eve Kosofsky (later Sedgwick) – who perceived Seventeen to be an important publication venue for critical work, the “Curl Up and Read” columns are literary products in their own right, not simply juvenilia. Seventeen provided these young authors the opportunity to publish their work in a forum which offered girl readers and writers opportunities for intellectual development and community. (shrink)

Eve Sedgwick critiques paranoid methodologies for denying a plurality of affective approaches. Instead, she emphasizes affects such as hope, but her description of hope's openness does not address how hope can avoid discourses that appear to offer amelioration while deceptively masking subjugation. In this context, I will argue that suspicion in feminist political philosophy, as shown in the earlier work of Carole Pateman and Judith Butler, provides a cautious approach toward hope's openness without precluding hope altogether. This analysis will (...) reconsider the domination and empowerment debates in relation to affect, pointing toward compatibilities between the two perspectives. First, I will expand Sedgwick's analysis of hope to explain its potential as a feminist political affect. Second, I will examine the techniques of suspicion employed by Pateman and Butler and how they risk denying possibilities for hope. This will lead to a discussion of how Amy Allen's theory of power indicates that suspicion is compatible with hope. Finally, I will explain how the suspicious approaches of Pateman and Butler illuminate hope as an inherently risky, fragile project. This will show that suspicion does not necessarily take up the totalizing position of paranoia, but rather can productively ensure that hope is not led astray. (shrink)

This essay is concerned with Gadamer’s reflections on solidarity and practice as found in several of his later writings. While Gadamer offers a robust explanation of practice, practical reason, and how both are operative in solidarities, his investigations of solidarity are in no way systematic. He does, however, distinguish two aspects of solidarity, viz. what one might call “natural solidarity” and “avowed solidarity”. In contrast to natural solidarities, avowed solidarities require an intentional decision and commitment to act with others for (...) a common cause. Since Gadamer’s writings on solidarity are more sketches than detailed treatises, we will bring his work into dialogue with feminist and political philosopher Sally Scholz. Scholz has devoted significant research to the concept of political solidarity. Like Gadamer, Scholz too is concerned with how we engage natural others and how our present practices harm and exploit them. By bringing Scholz’s and Gadamer’s work into dialogue, we gain a better understanding of different facets and types of solidarity, how they interrelate and influence one other, and how their interrelations might help to effect positive social and political changes for all who inhabit this world. (shrink)

Feminism has long grappled with its own demarcation problem—exactly what is it to be a woman?—and the rise of trans-inclusive feminism has made this problem more urgent. I will first consider Sally Haslanger’s “social and hierarchical” account of woman, resulting from “Ameliorative Inquiry”: she balances ordinary use of the term against the instrumental value of novel definitions in advancing the cause of feminism. Then, I will turn to Katharine Jenkins’ charge that Haslanger’s view suffers from an “Inclusion Problem”: it (...) fails to class many trans women as women. Jenkins offers a novel norm-relevancy account of woman to avoid the Inclusion Problem. Unfortunately, Jenkins’ account has serious internal problems, i.e. problems by Jenkins’ own lights: it is unintelligible, or it suffers from an Inclusion Problem of its own. After that, I will develop novel arguments for the conclusion that the project of Ameliorative Inquiry is both incoherent and also impossible to complete—at least, impossible to complete in a trans-inclusive way. Trans-inclusive feminism, therefore, would do well to move beyond Ameliorative Inquiry. Insofar as that’s not possible, trans-inclusive feminism inherits the incoherence of Ameliorative Inquiry. (shrink)

Feminist analyses of gender concepts must avoid the inclusion problem, the fault of marginalizing or excluding some prima facie women. Sally Haslanger’s ‘ameliorative’ analysis of gender concepts seeks to do so by defining woman by reference to subordination. I argue that Haslanger’s analysis problematically marginalizes trans women, thereby failing to avoid the inclusion problem. I propose an improved ameliorative analysis that ensures the inclusion of trans women. This analysis yields ‘twin’ target concepts of woman, one concerning gender as class (...) and the other concerning gender as identity, both of which I hold to be equally necessary for feminist aims. (shrink)

In a recent article in this journal, Mona Simion argues that Sally Haslanger’s “engineering” approach to gender concepts such as ‘woman’ faces an epistemic objection. The primary function of all concepts—gender concepts included—is to represent the world, but Haslanger’s engineering account of ‘woman’ fails to adequately represent the world because, by her own admission, it doesn’t include all women in the extension of the concept ‘woman.’ I argue that this objection fails because the primary function of gender concepts—and social (...) kind concepts in general—is not (merely) to represent the world, but rather to shape it. I finish by considering the consequences for “conceptual engineering” in philosophy more generally. While Haslanger’s account may escape Simion’s objection, other appeals to conceptual engineering might not fair so well. (shrink)

If each of the subtypes of autism is defined simply as constituted by a set of symptoms, then the criteria for its observation are straightforward, although, of course, some of those symptoms themselves might be hard to observe definitively. Compare with telling whether or not someone is bleeding: while it might be hard to tell if someone is bleeding internally, we know what it takes to find out, and when we have the right access and instruments we can settle the (...) issue. But matters are not so simple for the autism subtypes. For one thing, how do we settle which symptoms to group together under one heading? One key difference between “autism disorder” and “Asperger’s disorder” is that the former exhibit language delays (sometimes extreme), whereas the latter do not. But is that a sign of genuinely distinct conditions or is that an artifact of the distinct groups of subjects that Leo Kanner and Hans Asperger worked with? And in general, although there are certainly types of behavior that are taken to be indicative of autism, none by itself is taken by diagnosticians to be either necessary or sufficient for a definitive diagnosis for any of the autism subtypes. What is the diagnostician to do? This is not merely an academic issue, as many parents can attest. Are we in a situation, then, that each practitioner has his or her own “pet” signs that are the “real keys” to the diagnosis? That would suggest that the term “autistic” might meet the fate of the outdated term “neurotic,” which turned out to be a pseudo-scientific term for an inexact clumping together of unrelated phenomena. The assumption amongst specialists seems to be that we will reach the point with "autism" that we have with "water": there will be a root essence to autism whose presence or absence settles a diagnosis. If that is to be the case, however, we have to settle the level of application of the concept. Does the term apply to people who exhibit particular behaviors? Or is it possible to exhibit “autistic” behaviors without actually being autistic, because autism is instead a particular feature of the mind (as, for example, in Baron-Cohen’s “impaired theory of mind module” theory, discussed below) which usually but not necessarily has behavioral effects? Or is autism located instead in the brain, perhaps in damage to key areas, which in turn would typically have an effect on modules of the mind? Or perhaps autism is located in genetics or biology, so that some people with damage to the brain caused by accidents so that they exhibit autistic symptoms would not actually be autistic. Conversely, supposing one had an “autistic brain” but showed none of (or not a sufficient number of) the symptoms, would one not be autistic? The assumption is that the genotypes and phenotypes will line up neatly, but if they do not, what happens to the concept “autistic?” (There is an analogy in the philosophy of sex and gender: androgen insensitive individuals tend to self-identify as female and have outward female traits, but have XY chromosomes—should we go with chromosomes or self-identity in assigning sex category?) Finally, the implications for these complications for diagnosis and categorization, with the attendant social and medical implications is discussed. The typical assumption of the medical profession is that autism cannot be “cured.” That assumes that autism is not simply the symptoms. However, at the same time, the tests used to diagnose ASDs work simply from the symptoms (for example, Baron-Cohen’s Sally/Anne test, which ASD children of a certain age almost all fail, but which practically no ASD adult fails). This implies an inherent confusion over the status of the concept. I conclude that attempts to make sense of some true or accurate summary of what it is to be autistic (such as one would find in the DSM) are almost certainly misguided and will vanish into history along with “neurotic.” But as with racial terms, which are similarly shifting and perverse, the term has already passed into the public sphere and will have a lasting and dangerous influence beyond its short scientific shelf-life. (shrink)

Common sense has it that some of the greatest achievements that are to our credit are creative, whether artistic or otherwise. But standard theories of achievement and merit struggle to explain them, since the praiseworthiness of creative achievements isn’t grounded in effort, quality of will, disclosing the agent’s values, or even reasons-responsiveness. I argue that it’s distinctive of artistic or quasi-artistic creative activity that it is guided by what I call aspirational aims, which are formulated in terms of evaluative predicates (...) (like painting something “moving” or engineering something “nifty”) whose descriptive realizers are not known in advance. Aesthetic creativity itself fundamentally consists in perceiving or conceiving of some modification of raw material or a medium as promoting or constituting a novel way of realizing the aspirational aim. Creative achievements like poems and paintings are then to our credit in virtue of being exercises of spontaneity that disclose a deep layer of our selves that is manifest in active perception of affordances, showing that there is something beautiful about the way we experience the world, as a Sally Rooney character puts it. As with other creditworthy achievements, what makes them difficult is that simply trying won’t suffice to make success likely – but unlike in many other cases, neither will trying hard, since we have no direct volitional or rational control over perceptual spontaneity. (shrink)

This paper exposes a common mistake concerning the division of linguistic labor. I characterize the mistake as an overgeneralization from natural kind terms; this misleads philosophers about which terms are subject to the division of linguistic labor, what linguistic labor is, how linguistic labor is divided, and how the extensions of non-natural kind terms subject to the division of linguistic labor are determined. I illustrate these points by considering Sally Haslanger’s account of the division of linguistic labor for social (...) kind terms and raising an objection to it. Then, I draw on Tyler Burge’s work to characterize a conception of the division of linguistic labor that avoids the mistaken overgeneralization and grounds 1–4 above in social norms and practices. (shrink)

The prevailing view among contemporary analytic philosophers seems to be that, as philosophers, we primarily issue assertions. Following certain suggestions from the work of Rudolf Carnap and Sally Haslanger, I argue that the non-assertoric speech act of stipulation plays a key role in philosophical inquiry. I give a detailed account of the pragmatic structure of stipulations and argue that they are best analyzed as generating a shared inferential entitlement for speaker and audience, a license to censure those who give (...) uptake to the stipulation but do not abide by this entitlement, and as justified on the basis of the speaker and audience's shared ends. In presenting this account, I develop a novel taxonomy for making sense of criticisms of speech act performances generally and clarify the notions of successful speech act performance and uptake. To demonstrate the fruitfulness of this view of stipulation for recasting and advancing philosophical disputes, I apply my account to two case studies – the first concerns Iris Marion Young's analysis of the concept of oppression and the second involves Saul Kripke's and Hilary Putnam's accounts of the concept of reference. (shrink)

Our gender identity is our sense of ourselves as a woman, a man, as genderqueer, or as another gender. Our gender is the property we have of being a woman, being a man, being non-binary, or being another gender. What is the relationship between our gender identity and our gender? Recently, much work has been done on ameliorative accounts of the gender concepts that we should accept and on the metaphysics of gender properties. From this work 4 views of the (...) relationship between having gender identity G (e.g. having a female gender identity) and being a gender G (e.g. being a woman) have emerged. A first, the no connection view, says that gender identity and gender are entirely distinct; Sally Haslanger’s ameliorative account of gender, as well as Theodore Bach’s account of gender properties, are instances of this view. A second, the gender-identity-first view, says that all there is to our gender is our gender identity; this view is at least similar to views that Talia Bettcher and R.A. Briggs and B.R. George have argued for. A third, contextualist view, says that in some contexts and relative to certain standards, our gender identity determines our gender, and that in others it does not; Ásta and Robin Dembroff have proposed and defended views along these lines. A fourth view, the two gender properties view, says that there are two properties that can make it the case that one is gender G (in any context), one’s having gender identity G and one’s being socially classed as a G; Katharine Jenkins and Elizabeth Barnes have proposed views along these lines. This article explains these 4 different views and spells out their prospects, and the problems they face, as both ameliorative and as metaphysical views. (shrink)

In contemporary discussions of the Ramsey Test for conditionals, it is commonly held that (i) supposing the antecedent of a conditional is adopting a potential state of full belief, and (ii) Modus Ponens is a valid rule of inference. I argue on the basis of Thomason Conditionals (such as ' If Sally is deceiving, I do not believe it') and Moore's Paradox that both claims are wrong. I then develop a double-indexed Update Semantics for conditionals which takes these two (...) results into account while doing justice to the key intuitions underlying the Ramsey Test. The semantics is extended to cover some further phenomena, including the recent observation that epistemic modal operators give rise to something very like, but also very unlike, Moore's Paradox. (shrink)

Contemporary Western societies are obsessed with the “obesity epidemic,” dieting, and fitness. Fat people violate the Western conscience by violating a thinness norm. In virtue of violating the thinness norm, fat people suffer many varied consequences. Is their suffering morally permissible, or even obligatory? In this paper, I argue that the answer is no. I examine contemporary philosophical accounts of oppression and draw largely on the work of Sally Haslanger to generate a set of conditions sufficient for some phenomena (...) to count as oppression, and I illustrate the account’s value using the example of gender oppression. I then apply the account to fat people, examine empirical evidence, and argue that the suffering of fat people counts as oppression. (shrink)

This chapter is an extended version (almost 2x in length) of an essay first published in Australasian Philosophical Review. -/- Abstract: In On Female Body Experience, Iris Marion Young argues that a central aim of feminist and queer theory is social criticism. The goal is to understand oppression and how it functions: know thy enemy, so as to better resist. Much of Sally Haslanger’s work shares this goal, and her newest article, “Cognition as a Social Skill,” is no exception. (...) In this essay, I will specify what I believe is special and insightful about Haslanger’s theory of oppression and her most recent addition to it. However, I also explore what it is missing, namely, an account of what Young calls “individual [embodied] experience, subjectivity, and identity.” Echoing a chorus of critical voices, I argue that this omission undermines Haslanger’s ability to effectively theorize group oppression and how to resist it. The core problem is this. Haslanger privileges a third-person methodology that prioritizes social structures over all else. I conclude by amplifying a collective call to action: any adequate theory of oppression must attend to both the lived experiences of individuals and to social structures, that is, to the broad institutional and cultural underpinnings of oppression. A theory that does only one, or the other, will fail. Through this analysis, the chapter contributes to an overall aim of this volume, namely, to advance our understanding of racial and gender-based group oppressions by paying closer attention to facts about embodiment. (shrink)

Beauty has captured human interest since before Plato, but how, why, and to whom does beauty matter in today's world? Whose standard of beauty motivates African Americans to straighten their hair? What inspires beauty queens to measure up as flawless objects for the male gaze? Why does a French performance artist use cosmetic surgery to remake her face into a composite of the master painters' version of beauty? How does beauty culture perceive the disabled body? Is the constant effort to (...) remain young and thin, often at considerable economic and emotional expense, ethically justifiable? Provocative essays by an international group of scholars discuss beauty in aesthetics, the arts, the tools of fashion, the materials of decoration, and the big business of beautification—beauty matters—to reveal the ways gender, race, and sexual orientation have informed the concept of beauty and driven us to become more beautiful. Here, Kant rubs shoulders with Calvin Klein. Beauty Matters draws from visual art, dance, cultural history, and literary and feminist theory to explore the values and politics of beauty. Various philosophical perspectives on ethics and aesthetics emerge from this penetrating book to determine and reveal that beauty is never disinterested. Foreward by Eleanor Heartney; "Introduction" by Peg Brand [Weiser] included here. Authors include Marcia M. Eaton, Noel Carroll, Paul C. Taylor, Arthur C. Danto, Kathleen M. Higgins, Susan Bordo, Dawn Perlmutter, Eva Kit Wah Man, Anita Silvers, Hilary Robinson, Kaori Chino, Sally Banes, and Peg Brand's essay "Bound to Beauty: An Interview with Orlan." (available on PhilPapers). (shrink)

This paper critically evaluates the semantic externalist conception of Race and Gender concepts put forward in Sally Haslanger's 2012 essay collection "Resisting Reality". I argue that her endorsement of "objective type externalism" limits the options for critique compared to social externalist approaches.