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)

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)

In the 17th century the dissemination of philosophical ideas relied also on the critical summaries and reviews published by the journals. The focus of this paper is the reactions of two of these journals – the Journal de Trévoux, edited by the Jesuits of the Parisian Collège Louis Le Grand, and the Journal des Sçavans – to Condillac’s works. The Jesuit journal, under the direction of pére Berthier – probably himself the author of the reviews – had a precise plan (...) in presenting Condillac’s philosophy as an anti-empiricist and anti-materialist doctrine, sometime giving a misrepresentation of the author’s thought, which is also criticized on some points. The decision of the Journal de Trévoux to review the main works of Condillac is anyway worthy of attention, and probably betrays a certain interest toward the more up to date philosophical enquiry. The Journal des Sçavans was on the other hand more faithful in presenting Condillac’s works. (shrink)

Cabanis’ enucleation of the notion of instinct in his Rapports du physique et du moral de l’homme articulates through a critique of the use of this notion by Étienne Bonnot de Condillac, who would not have recognised the founding role of physiology in human perceptive and intellectual activity. An analysis of Cabanis’ criticism to Condillac and an investigation of the meaning attributed to the notion of instinct by both philosophers allow to individuate in this notion the expression of two different (...) types of materialism. The different position of Cabanis and Condillac on this notion, in fact, reflects the divergence on a series of notions – e.g. reflexion, sensitivity, habitus – which can be traced back to the different aims of their investigations. In addition to highlighting this basic divergence, this paper aims to bring out – especially referring to Condillac’s Logique – some points of contact, of which Cabanis seems not to have considered, concerning the conception of the human body as ‘organisation physique’. (shrink)

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

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

Expert2 evidence is admissible only if it provides the court with scientific information likely to be outside the experience and knowledge of a judge or jury. In other words, expert evidence will be restricted to that which in the opinion of the court is necessary to assist the court to resolve the proceedings.3 This particular case must be urgently considered by the Criminal Appeals Review Commission as it becomes apparent that the court of appeal decision is flawed, not surprising when (...) one considers the mountain of miscarriages of justice in the United Kingdom criminal justice system. (shrink)

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

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)

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)

An interesting aspect of Ernest Sosa’s (2017) recent thinking is that enhanced performances (e.g., the performance of an athlete under the influence of a performance-enhancing drug) fall short of aptness, and this is because such enhanced performances do not issue from genuine competences on the part of the agent. In this paper, I explore in some detail the implications of such thinking in Sosa’s wider virtue epistemology, with a focus on cases of cognitive enhancement. A certain puzzle is then highlighted, (...) and the solution proposed draws from both the recent moral responsibility literature on guidance control (e.g., Fischer and Ravizza 1998; Fischer 2012) as well as from work on cognitive integration in the philosophy of mind and cognitive science (e.g., Clark and Chalmers 1998; Clark 2008; Pritchard 2010; Palermos 2014; Carter 2017). (shrink)

Recent work in the philosophy of mind and cognitive science (e.g., Clark and Chalmers 1998; Clark 2010a; Clark 2010b; Palermos 2014) can help to explain why certain kinds of assertions—made on the basis of information stored in our gadgets rather than in biological memory—are properly criticisable in light of misleading implicatures, while others are not.

(ESP) Reseña de 'El arte de Innovar', del filósofo español Javier Echeverría. (ENG) Review of the book 'El arte de Innovar' ('The art of Innovating'), written by the spanish philosopher Javier Echeverría.

Reductive intellectualists hold that knowledge-how is a kind of knowledge-that. For this thesis to hold water, it is obviously important that knowledge-how and knowledge-that have the same epistemic properties. In particular, knowledge-how ought to be compatible with epistemic luck to the same extent as knowledge-that. It is argued, contra reductive intellectualism, that knowledge-how is compatible with a species of epistemic luck which is not compatible with knowledge-that, and thus it is claimed that knowledge-how and knowledge-that come apart.

ABSTRACT Rima Basu and I have offered separate accounts of wokeness as an anti-racist ethical concept. Our accounts endorse controversial doctrines in epistemology: doxastic wronging, doxastic voluntarism, and moral encroachment. Many philosophers deny these three views, favoring instead some ordinary standards for epistemic justification. I call this denial the standard view. In this paper, I offer an account of wokeness that is consistent with the standard view. I argue that wokeness is best understood as ‘group epistemic partiality’. The woke person (...) does extra epistemic work before forming a negative belief about a member of an oppressed social group. Just as we do extra epistemic work when forming belief about our friends, so the woke person does for members of oppressed social groups. I first outline the account. I then raise questions about the scope of wokeness and belief formation. After this, I demonstrate that the group partiality view is consistent with the standard view in epistemology. The partiality view, therefore, should appeal to epistemologists who have adopted the standard view because it is consistent with ordinary standards of justification. I conclude that wokeness as a concept in epistemology should not be controversial for those who endorse the standard view. (shrink)

Robust Virtue Epistemology maintains that knowledge is achieved just when an agent gets to the truth through, or because of, the manifestation of intellectual virtue or ability. A notorious objection to the view is that the satisfaction of the virtue condition will be insufficient to ensure the safety of the target belief; that is, RVE is no anti-luck epistemology. Some of the most promising recent attempts to get around this problem are considered and shown to ultimately fail. Finally, a new (...) proposal for defending RVE as a kind of anti-luck epistemology is defended. The view developed here turns importantly on the idea that knowledge depends on ability and luck in a way that is gradient, not rigid, and that we know just when our cognitive success depends on ability not rather, but more so, than luck. (shrink)

This paper is about two topics: metaepistemological absolutism and the epistemic principles governing perceptual warrant. Our aim is to highlight—by taking the debate between dogmatists and conservativists about perceptual warrant as a case study—a surprising and hitherto unnoticed problem with metaepistemological absolutism, at least as it has been influentially defended by Paul Boghossian as the principal metaepistemological contrast point to relativism. What we find is that the metaepistemological commitments at play on both sides of this dogmatism/conservativism debate do not line (...) up with epistemic relativism nor do they line up with absolutism, at least as Boghossian articulates this position. What this case study reveals is the need in metaepistemological option space for the recognition of a weaker and less tendentious form of absolutism, what we call “environment relativism”. On this view, epistemic principles are knowable, objective, and they can serve as the basis of particular epistemic evaluations, but their validity is relative to the wider global environment in which they are applied. (shrink)

Hilde Lindemann argues that personhood is the shared practice of recognizing and responding to one another. She calls this practice holding. Holding, however, can fail. Holding failure, by stereotyping for example, can inhibit others’ epistemic confidence and ability to recall true beliefs as well as create an environment of racism or sexism. How might we avoid holding failure? Holding failure, I argue, has many epistemic dimensions, so I argue that moral encroachment has the theoretical tools available to avoid holding failures. (...) The goal of this paper, therefore, is to articulate and understand the epistemology of holding in an attempt to remedy holding failure. I show that the virtue of wokeness emerges from an epistemic environment tainted with moral encroachment. I argue that as long as an individual is woke, she will have a tendency to avoid holding failures. Wokeness and moral encroachment, consequently, are fundamental to the epistemology of holding and consistent proper holding. (shrink)

According to reductive intellectualism, knowledge-how just is a kind of propositional knowledge (e.g., Stanley & Williamson 2001; Stanley 2011a, 2011b; Brogaard, 2008a, 2008b, 2009, 2011, 2009, 2011). This proposal has proved controversial because knowledge-how and propositional knowledge do not seem to share the same epistemic properties, particularly with regard to epistemic luck. Here we aim to move the argument forward by offering a positive account of knowledge-how. In particular, we propose a new kind of anti-intellectualism. Unlike neo-Rylean anti-intellectualist views, according (...) to which the possession of knowledge-how is just a matter of possessing certain abilities, we submit that knowledge-how is a particular kind of cognitive achievement attained just when cognitive ability is connected in the right way with successful performance. (shrink)

Basic Formal Ontology (BFO) is a top-level ontology consisting of thirty-six classes, designed to support information integration, retrieval, and analysis across all domains of scientific investigation, presently employed in over 350 ontology projects around the world. BFO is a genuine top-level ontology, containing no terms particular to material domains, such as physics, medicine, or psychology. In this paper, we demonstrate how a series of cases illustrating common types of change may be represented by universals, defined classes, and relations employing the (...) BFO framework. We provide discussion of these cases to provide a template for other ontologists using BFO, as well as to facilitate comparison with the strategies proposed by ontologists using different top-level ontologies. (shrink)

What happens when someone acts? A familiar answer goes like this. There is something that the agent wants, and there is an action that he believes conducive to its attainment. His desire for the end, and his belief in the action as a means, justify taking the action, and they jointly cause an intention to take it, which in turn causes the corresponding movements of the agent's body. I think that the standard story is flawed in several respects. The flaw (...) that will concern me in this paper is that the story fails to include an agent-or, more precisely, fails to cast the agent in his proper role. (shrink)

Trust is a topic of longstanding philosophical interest. It is indispensable to every kind of coordinated human activity, from sport to scientific research. Even more, trust is necessary for the successful dissemination of knowledge, and by extension, for nearly any form of practical deliberation and planning. Without trust, we could achieve few of our goals and would know very little. Despite trust’s fundamental importance in human life, there is substantial philosophical disagreement about what trust is, and further, how trusting is (...) normatively constrained and best theorized about in relation to other things we value. This entry is divided into three sections, which explore key (and sometimes interconnected) ethical and epistemological themes in the philosophy of trust: (1) The Nature of Trust; (2) The Normativity of Trust, and (3) The Value of Trust. (shrink)

I provide a theory of causation within the causal modeling framework. In contrast to most of its predecessors, this theory is model-invariant in the following sense: if the theory says that C caused (didn't cause) E in a causal model, M, then it will continue to say that C caused (didn't cause) E once we've removed an inessential variable from M. I suggest that, if this theory is true, then we should understand a cause as something which transmits deviant or (...) non-inertial behavior to its effect. (shrink)

Recent thinking within philosophy of mind about the ways cognition can extend has yet to be integrated with philosophical theories of emotion, which give cognition a central role. We carve out new ground at the intersection of these areas and, in doing so, defend what we call the extended emotion thesis: the claim that some emotions can extend beyond skin and skull to parts of the external world.

Empirical work on motivated reasoning suggests that our judgments are influenced to a surprising extent by our wants, desires and preferences (Kahan 2016; Lord, Ross, and Lepper 1979; Molden and Higgins 2012; Taber and Lodge 2006). How should we evaluate the epistemic status of beliefs formed through motivated reasoning? For example, are such beliefs epistemically justified? Are they candidates for knowledge? In liberal democracies, these questions are increasingly controversial as well as politically timely (Beebe et al. 2018; Lynch forthcoming, 2018; (...) Slothuus and de Vreese 2010). And yet, the epistemological significance of motivated reasoning has been almost entirely ignored by those working in mainstream epistemology. We aim to rectify this oversight. Using politically motivated reasoning as a case study, we show how motivated reasoning gives rise to three distinct kinds of skeptical challenges. We conclude by showing how the skeptical import of motivated reasoning has some important ramifications for how we should think about the demands of intellectual humility. (shrink)

Our aim is to provide a topography of the relevant philosophical terrain with regard to the possible ways in which knowledge can be conceived of as extended. We begin by charting the different types of internalist and externalist proposals within epistemology, and we critically examine the different formulations of the epistemic internalism/externalism debate they lead to. Next, we turn to the internalism/externalism distinction within philosophy of mind and cognitive science. In light of the above dividing lines, we then examine first (...) the extent to which content externalism is compatible with epistemic externalism; second, whether active externalism entails epistemic externalism; and third whether there are varieties of epistemic externalism that are better suited to accommodate active externalism. Finally, we examine whether the combination of epistemic and cognitive externalism is necessary for epistemology and we comment on the potential ramifications of this move for social epistemology and philosophy of science. (shrink)

A widespread assumption in debates about trust and trustworthiness is that the evaluative norms of principal interest on the trustor’s side of a cooperative exchange regulate trusting attitudes and performances whereas those on the trustee’s side regulate dispositions to respond to trust. The aim here will be to highlight some unnoticed problems with this asymmetrical picture – and in particular, how it elides certain key evaluative norms on both the trustor’s and trustee’s side the satisfaction of which are critical to (...) successful cooperative exchanges – and to show that a symmetrical, ‘achievement-first’ approach to theorising about trust and trustworthiness (and their relation to each other) has important advantages by comparison. The view I develop is guided by a structural analogy with practical reasoning. Just as practical reasoning is working as it should only when there is realisation (knowledge and action) of states (belief and intention) with reverse directions of fits (mind-to-world and world-to-mind), likewise, cooperation between trustor and trustee is functioning as it should only when there is an analogous kind of realisation on both sides of the cooperative exchange – viz., when the trustor ‘matches’ her achievement in trusting (an achievement in fitting reliance to reciprocity) with the trustee’s achievement in responding to trust (an achievement in fitting reciprocity to reliance). An upshot of viewing cooperation between trustor and trustee as exhibiting achievement-theoretic structure is that we will be better positioned to subsume trustworthiness (and its cognates on the trustee’s side), like trust, under a wider suite of evaluative norms that regulate attempts, dispositions, and achievements symmetrically on both sides of a cooperative exchange, with ‘matching achievements’ as the gold standard. (shrink)

The externalist says that your evidence could fail to tell you what evidence you do or not do have. In that case, it could be rational for you to be uncertain about what your evidence is. This is a kind of uncertainty which orthodox Bayesian epistemology has difficulty modeling. For, if externalism is correct, then the orthodox Bayesian learning norms of conditionalization and reflection are inconsistent with each other. I recommend that an externalist Bayesian reject conditionalization. In its stead, I (...) provide a new theory of rational learning for the externalist. I defend this theory by arguing that its advice will be followed by anyone whose learning dispositions maximize expected accuracy. I then explore some of this theory’s consequences for the rationality of epistemic akrasia, peer disagreement, undercutting defeat, and uncertain evidence. (shrink)

It has been a common assumption that words are substances that instantiate or have properties. In this paper, I question the assumption that our ontology of words requires posting substances by outlining a bundle theory of words, wherein words are bundles of various sorts of properties (such as semantic, phonetic, orthographic, and grammatical properties). I argue that this view can better account for certain phenomena than substance theories, is ontologically more parsimonious, and coheres with claims in linguistics.

While openmindedness is often cited as a paradigmatic example of an intellectual virtue, the connection between openmindedness and truth is tenuous. Several strategies for reconciling this tension are considered, and each is shown to fail; it is thus claimed that openmindedness, when intellectually virtuous, bears no interesting essential connection to truth. In the final section, the implication of this result is assessed in the wider context of debates about epistemic value.

The agent portrayed in much philosophy of action is, let's face it, a square. He does nothing intentionally unless he regards it or its consequences as desirable. The reason is that he acts intentionally only when he acts out of a desire for some anticipated outcome; and in desiring that outcome, he must regard it as having some value. All of his intentional actions are therefore directed at outcomes regarded sub specie boni: under the guise of the good. This agent (...) is conceived as being capable of intentional action—and hence as being an agent—only by virtue of being a pursuer of value. I want to question whether this conception of agency can be correct. Surely, so general a capacity as agency cannot entail so narrow a cast of mind. Our moral psychology has characterized, not the generic agent, but a particular species of agent, and a particularly bland species of agent, at that. It has characterized the earnest agent while ignoring those agents who are disaffected, refractory, silly, satanic, or punk. I hope for a moral psychology that has room for the whole motley crew. I shall begin by examining why some philosophers have thought that the attitudes motivating intentional actions involve judgments of value. I shall then argue that their conception of these attitudes is incorrect. Finally, I shall argue that practical reason should not be conceived as a faculty for pursuing value. (shrink)

Existing accounts of shared intention (by Bratman, Searle, and others) do not claim that a single token of intention can be jointly framed and executed by multiple agents; rather, they claim that multiple agents can frame distinct, individual intentions in such a way as to qualify as jointly intending something. In this respect, the existing accounts do not show that intentions can be shared in any literal sense. This article argues that, in failing to show how intentions can be literally (...) shared, these accounts fail to resolve what seems problematic in the notion of shared intention. It then offers an account in which the problem of shared intention is resolved, because intention can indeed be literally shared. This account is derived from Margaret Gilbert’s notion of a “pool of wills,” to which it applies Searle’s definition of intention. (shrink)

Reductive intellectualists (e.g., Stanley & Williamson 2001; Stanley 2011a; 2011b; Brogaard 2008; 2009; 2011) hold that knowledge-how is a kind of knowledge-that. If this thesis is correct, then we should expect the defeasibility conditions for knowledge-how and knowledge-that to be uniform—viz., that the mechanisms of epistemic defeat which undermine propositional knowledge will be equally capable of imperilling knowledge-how. The goal of this paper is twofold: first, against intellectualism, we will show that knowledge-how is in fact resilient to being undermined by (...) the very kinds of traditional (propositional) epistemic defeaters which clearly defeat the items of propositional knowledge which intellectualists identify with knowledge-how. Second, we aim to fill an important lacuna in the contemporary debate, which is to develop an alternative way in which epistemic defeat for knowledge-how could be modelled within an anti-intellectualist framework. (shrink)

A handful of well-known arguments (the 'diachronic Dutch book arguments') rely upon theorems establishing that, in certain circumstances, you are immune from sure monetary loss (you are not 'diachronically Dutch bookable') if and only if you adopt the strategy of conditionalizing (or Jeffrey conditionalizing) on whatever evidence you happen to receive. These theorems require non-trivial assumptions about which evidence you might acquire---in the case of conditionalization, the assumption is that, if you might learn that e, then it is not the (...) case that you might learn something else that is consistent with e. These assumptions may not be relaxed. When they are, not only will non-(Jeffrey) conditionalizers be immune from diachronic Dutch bookability, but (Jeffrey) conditionalizers will themselves be diachronically Dutch bookable. I argue: 1) that there are epistemic situations in which these assumptions are violated; 2) that this reveals a conflict between the premise that susceptibility to sure monetary loss is irrational, on the one hand, and the view that rational belief revision is a function of your prior beliefs and the acquired evidence alone, on the other; and 3) that this inconsistency demonstrates that diachronic Dutch book arguments for (Jeffrey) conditionalization are invalid. (shrink)

Controversial view agnosticism is the thesis that we are rationally obligated to withhold judgment about a large portion of our beliefs in controversial subject areas, such as philosophy, religion, morality and politics. Given that one’s social identity is in no small part a function of one’s positive commitments in controversial areas, CVA has unsurprisingly been regarded as objectionably ‘spineless.’ That said, CVA seems like an unavoidable consequence of a prominent view in the epistemology of disagreement—conformism—according to which the rational response (...) to discovering that someone you identify as an epistemic peer or expert about p disagrees with you vis-à-vis p is to withhold judgment. This paper proposes a novel way to maintain the core conciliatory insight without devolving into an agnosticism that is objectionably spineless. The approach offered takes as a starting point the observation that–for reasons that will be made clear—the contemporary debate has bypassed the issue of the reasonableness of maintaining, rather than giving up, representational states weaker than belief in controversial areas. The new position developed and defended here explores this overlooked space; what results is a kind of controversial view. (shrink)

According to robust virtue epistemology , knowledge is type-identical with a particular species of cognitive achievement. The identification itself is subject to some criticism on the grounds that it fails to account for the anti-luck features of knowledge. Although critics have largely focused on environmental luck, the fundamental philosophical problem facing RVE is that it is not clear why it should be a distinctive feature of cognitive abilities that they ordinarily produce beliefs in a way that is safe. We propose (...) a novel way to resolve this problem. Key to our proposal will be an appreciation of different representational states beholden to truth. We suggest these different representational states are distinguished by how, in the proper governance of these states, the twin goods of attaining truth and avoiding error are weighted. Moreover, we explain how varieties of representational states line up with varieties of cognitive achievement such that knowledge, cum cognitive achievement, must be safe because of the kind of attempt at success that belief is—namely, an attempt that places the premium it does on avoiding error. (shrink)

A norm of local expert deference says that your credence in an arbitrary proposition A, given that the expert's probability for A is n, should be n. A norm of global expert deference says that your credence in A, given that the expert's entire probability function is E, should be E(A). Gaifman (1988) taught us that these two norms are not equivalent. Stalnaker (2019) conjectures that Gaifman's example is "a loophole". Here, I substantiate Stalnaker's suspicions by providing characterisation theorems which (...) tell us precisely when the norms give different advice. They tell us that, in a good sense, Gaifman's example is the only case where the two norms differ. I suggest that the lesson of the theorems is that Bayesian epistemologists need not concern themselves with the differences between these two kinds of norms. While they are not strictly speaking equivalent, they are equivalent for all philosophical purposes. (shrink)

Full aptness is the most important concept in performance-based virtue epistemology. The structure of full aptness, in epistemology and elsewhere, is bi-levelled. At the first level, we evaluate beliefs, like performances, on the basis of whether they are successful, competent, and apt – viz., successful because competent. But the fact that aptness itself can be fragile – as it is when an apt performance could easily have been inapt – points to a higher zone of quality beyond mere aptness. To (...) break in to this zone, one must not merely perform aptly but also in doing so safeguard in skilled ways against certain risks to inaptness. But how must this be done, exactly? This paper has two central aims. First, I challenge the credentials of mainstream thinking about full-aptness by raising some new and serious problems for the view. I then propose a novel account of full aptness – what I call de minimis normativism – which keeps all the advantages of the canonical view, avoids its problems entirely, and offers some additional payoffs. (shrink)

Decisions are made under uncertainty when there are distinct outcomes of a given action, and one is uncertain to which the act will lead. Decisions are made under indeterminacy when there are distinct outcomes of a given action, and it is indeterminate to which the act will lead. This paper develops a theory of (synchronic and diachronic) decision-making under indeterminacy that portrays the rational response to such situations as inconstant. Rational agents have to capriciously and randomly choose how to resolve (...) the indeterminacy relevant to a given choice-situation, but such capricious choices once made constrain how they will choose in the future. The account is illustrated by the case of self-interested action in situations where it is indeterminate whether you yourself will survive to benefit or suffer the consequences. The conclusion emphasizes some distinctive anti-hedging predictions of the account. (shrink)

A story does more than recount events; it recounts events in a way that renders them intelligible, thus conveying not just information but also understanding. We might therefore be tempted to describe narrative as a genre of explanation. When the police invite a suspect to “tell his story,” they are asking him to explain the blood on his shirt or his absence from home on the night of the murder; and whether he is judged to have a “good story” will (...) depend on its adequacy as an explanation. Can we account for the explanatory force of narrative with the models of explanation available in the philosophy of science? Or does narrative convey a different kind of understanding, which requires a different model and perhaps even a term other than ‘explanation’? (shrink)

Extended cognition theorists argue that cognitive processes constitutively depend on resources that are neither organically composed, nor located inside the bodily boundaries of the agent, provided certain conditions on the integration of those processes into the agent’s cognitive architecture are met. Epistemologists, however, worry that in so far as such cognitively integrated processes are epistemically relevant, agents could thus come to enjoy an untoward explosion of knowledge. This paper develops and defends an approach to cognitive integration—cluster-model functionalism—which finds application in (...) both domains of inquiry, and which meets the challenge posed by putative cases of cognitive or epistemic bloat. (shrink)

According to the canonical formulation of the modal account of luck [e.g. Pritchard (2005)], an event is lucky just when that event occurs in the actual world but not in a wide class of the nearest possible worlds where the relevant conditions for that event are the same as in the actual world. This paper argues, with reference to a novel variety of counterexample, that it is a mistake to focus, when assessing a given event for luckiness, on events distributed (...) over just the nearest possible worlds. More specifically, our objection to the canonical formulation of the modal account of luck reveals that whether an event is lucky depends crucially on events distributed over all possible worlds–viz., across the modal universe. It is shown that an amended modal account of luck which respects this point has the additional virtue of avoiding a notable kind of counterexample to modal accounts of luck proposed by Lackey (2008). (shrink)

When extended cognition is extended into mainstream epistemology, an awkward tension arises when considering cases of environmental epistemic luck. Surprisingly, it is not at all clear how the mainstream verdict that agents lack knowledge in cases of environmental luck can be reconciled with principles central to extended cognition.

If the laws are deterministic, then standard theories of counterfactuals are forced to reject at least one of the following conditionals: 1) had you chosen differently, there would not have been a violation of the laws of nature; and 2) had you chosen differently, the initial conditions of the universe would not have been different. On the relevant readings—where we hold fixed factors causally independent of your choice—both of these conditionals appear true. And rejecting either one leads to trouble for (...) philosophical theories which rely upon counterfactual conditionals—like, for instance, causal decision theory. Here, I outline a semantics for counterfactual conditionals which allows us to accept both (1) and (2). And I discuss how this semantics deals with objections to causal decision theory from Arif Ahmed. (shrink)

On Kratzer’s canonical account, modal expressions (like “might” and “must”) are represented semantically as quantifiers over possibilities. Such expressions are themselves neutral; they make a single contribution to determining the propositions expressed across a wide range of uses. What modulates the modality of the proposition expressed—as bouletic, epistemic, deontic, etc.—is context.2 This ain’t the canon for nothing. Its power lies in its ability to figure in a simple and highly unified explanation of a fairly wide range of language use. Recently, (...) though, the canon’s neat story has come under attack. The challenge cases involve the epistemic use of a modal sentence for which no single resolution of the contextual parameter appears capable of accommodating all our intuitions.3 According to these revisionaries, such cases show that the canonical story needs to be amended in some way that makes multiple bodies of information relevant to the assessment of such statements. Here I show that how the right canonical, flexibly contextualist account of modals can accommodate the full range of challenge cases. The key will be to extend Kratzer’s formal semantic account with an account of how context selects values for a modal’s.. (shrink)