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)

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)

In epoca medievale si è molto discusso su alcuni concetti chiave come prova o giustificazione. La teoria della prova contenuta nei trattati di logica medievale prende il nome tecnico di consequentia, che è un tipo di ragionamento fondato sul passaggio dalla concessione (o negazione) di uno o più enunciati denominati antecedenti alla concessione (o negazione) di uno o più enunciati denominati conseguenti. Questo tipo di teoria ha avuto un correlato a livello dei singoli termini che compongono l’enunciato all'interno della teoria (...) nota come suppositio terminorum. Prende, infatti, il nome di descensus, la regola che permette la verifica del passaggio da un termine maggiore (un termine comune) ad un termine minore (che denota individui). La stessa definizione di alcune ramificazioni della teoria della suppositio è col-legata alla possibilità di ammettere o meno il descensus cioè questa "discesa" da un termine comune ad una congiunzione o disgiunzione di termini singolari. Il presente lavoro intende descrivere la teoria del descensus come un tipo particolare di consequentia mostrandone le connessioni con le moderne tecniche logiche. I trattati che si affronteranno appartengono al XIV e al XV secolo, cioè ad un periodo caratterizzato da una sistemazione della materia che li rende confrontabili con un quadro teorico unitario. (shrink)

In juxtaposition with the myth and tragedy of Ovid’s Medea, this paper investigates the possibility within the Kantian conception of agency of understanding moral evil as acting against one’s better judgment. It defends the thesis that in Kant self-deception, i. e. the intentional untruthfulness to oneself, provides the fundamental structure for choosing against the moral law. I argue that, as Kant’s thought progresses, self-deception slowly proceeds to become the paradigmatic case of moral evil. This is discussed with regard to two (...) important topics in his later moral philosophy: the doctrine of radical evil and the crucial role of the duty of truthfulness in ethics. The inquiry into Kant’s theory of conscience unfolds both against this theoretical background and in light of its historical roots in the polemic against casuistry and probabilism. This contribution closes with a brief look at the tools Kant implements to counter this tendency to self-deception in moral judgment and particularly at the role casuistry plays within his conception of moral education. (shrink)

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

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

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)

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)

In this paper I argue that there is an important anomaly to the causalist/compatibilist paradigm in the philosophy of action and free will. This anomaly, which to my knowledge has gone unnoticed so far, can be found in the philosophy of Harry Frankfurt. Two of his most important contributions to the field – his influential counterexample to the Principle of Alternate Possibilities and his ‘guidance’ view of action – are incompatible. The importance of this inconsistency goes far beyond the issue (...) of coherence within Frankfurt’s philosophy. I shall argue that this inconsistency represents an important anomaly within the causalist/compatibilist framework; so that we should start to seriously consider having to move on from the established paradigm. (shrink)

Advances in neuroscience implicate reentrant signaling as the predominant form of communication between brain areas. This principle was used in a series of masking experiments that defy explanation by feed-forward theories. The masking occurs when a brief display of target plus mask is continued with the mask alone. Two masking processes were found: an early process affected by physical factors such as adapting luminance and a later process affected by attentional factors such as set size. This later process is called (...) masking by object substitution, because it occurs whenever there is a mismatch between the reentrant visual representation and the ongoing lower level activity. Iterative reentrant processing was formalized in a computational model that provides an excellent fit to the data. The model provides a more comprehensive account of all forms of visual masking than do the long-held feed-forward views based on inhibitory contour interactions. (shrink)

Some of the manuscripts once part of Giovanni Pico della Mirandola’s collection transmit autograph notes, which have been useful to reconstruct his library. A peculiar case is represented by the notes transmitted in a codex containing the Latin translation of Moses Maimonides’ Guide of the Perplexed. These notes are actual corrections to the translation made mostly on the basis of a comparison with the Hebrew text, while in some other cases they derive from a specific interpretation. The aim of this (...) paper is to present some characteristics of the textual revisions, in particular with reference to the Hebrew source. The palaeographic data demonstrate Pico’s direct involvement, which leads to the question of the authorship of these notes, namely if they were the result of an autonomous work or of a collaboration with some other scholar. (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)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

This 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)

On the verge of the 1917 October revolution, Lenin reads and elaborates on the Hegel's Science of Logic, as if he were attempting to outline, from it, specific effects. Theoretical effects, because human activity is never uncoupled from the logic objective, through which the real matter unfolds and to whom each individual indissolubly belongs. Practical effects, because if Hegelian philosophy is good for the Church, for the bourgeoisie, for the capital, by changing the order of some of its factors it (...) may as well turn out good for guiding the practical-cognitive development of an urgent proletarian revolution. (shrink)

I argue that it is possible for prospective mothers to wrong prospective fathers by bearing their child; and that lifting paternal liability for child support does not correct the wrong inflicted to fathers. It is therefore sometimes wrong for prospective mothers to bear a child, or so I argue here. I show that my argument for considering the legitimate interests of prospective fathers is not a unique exception to an obvious right to procreate. It is, rather, part of a growing (...) consensus that procreation can be morally problematic and that generally talking of rights in this context might not be warranted. Finally, I argue that giving up a right to procreate does not imply nor suggest giving up on women’s absolute right to abort, which I defend. (shrink)

‘No-fault unbelief’ can be named the view that there are those who do not believe in God through no moral or intellectual fault of their own. This view opposes a more traditional one, which can be named ‘flawed unbelief’ view, according to which religious unbelief signals a cognitive or moral flaw in the non-believer. Since this charge of mental or moral flaw causes a certain uneasiness, I oppose the former view, i.e. ‘no-fault unbelief’, with a strategy that has nothing to (...) do with the latter. I assume that ‘no-fault unbelief’ is correct and show what consequences follow for both unbelievers and believers. I conclude that the assumption in question is superficially beneficial but deeply detrimental to unbelievers, and by contrast, it is superficially detrimental and deeply beneficial to believers. (shrink)

I defend the argument that if embryo loss in stem cell research is morally problematic, then embryo loss in in vivo conception is similarly morally problematic. According to a recent challenge to this argument, we can distinguish between in vivo embryo loss and the in vitro embryo loss of stem cell research by appealing to the doctrine of double effect. I argue that this challenge fails to show that in vivo embryo loss is a mere unintended side effect while in (...) vitro embryo loss is an intended means and that, even if we refine the challenge by appealing to Michael Bratman's three roles of intention, the distinction is still unwarranted. (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)

Both Husserl and Sartre speak of quasi-presence in their descriptions of the lived experience of imagination, and for both philosophers, accounting for quasi-presence means developing an account of the hyle proper to imagination. Guided by the perspective of fulfillment, Husserl’s theory of imaginary quasi-presence goes through three stages. Having experimented first with a depiction-model and then a perception-model, Husserl’s mature theory appeals to his innovative conception of inner consciousness. This elegant account nevertheless fails to do justice to the facticity and (...) bodily involvement of our imaginary experience. Sartre’s theory of analogon, based on his conception of imaginary quasi-presence as ‘magical’ self-affection, embodies important insights on these issues. Kinesthetic sensations and feelings are the modes in which we make use of own body to possess and be possessed by the imaginary object, thus lending it a semblance of bodily presence. (shrink)

This article reconstructs Sartre’s theory of selfhood against the background of the contemporary debate between minimal-self theories and narrative-self theories. I argue that Sartre’s theory incorporates both an emphasis on the singular first-person perspective, which is characteristic of minimal-self theories, and an emphasis on the practical intelligibility of experience, which is characteristic of narrative-self theories. The distinctiveness of the Sartrean combination of these motifs consists in its idea of the necessary ideal-relatedness of consciousness. According to Sartre, the logical structure of (...) the pre-reflective cogito requires the haunting presence of an ideal of self-coincidence, which determines for consciousness the meaning of its lived experiences. Consciousness exists as a question to itself due to this ideal-relatedness, and it answers this question by projecting its possibilities as creative and symbolic realizations of this ideal. Establishing the connection between Sartre’s theory of imagination and his theory of selfhood, I suggest that both the ideal and the possibility of consciousness are lived in the manner of the imaginary. (shrink)

I argue that the right to sexual satisfaction of severely physically and mentally disabled people and elderly people who suffer from neurodegenerative diseases can be fulfilled by deploying sex robots; this would enable us to satisfy the sexual needs of many who cannot provide for their own sexual satisfaction; without at the same time violating anybody’s right to sexual self-determination. I don’t offer a full-blown moral justification of deploying sex robots in such cases, as not all morally relevant concerns can (...) be addressed here; rather, I put forward a plausible way of fulfilling acute sexual needs without thereby violating anybody’s sexual rights. (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...) forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

Thinking is overrated: golfers perform best when distracted and under pressure; firefighters make the right calls without a clue as to why; and you are yourself ill advised to look at your steps as you go down the stairs, or to try and remember your pin number before typing it in. Just do it, mindlessly. Both empirical psychologists and the common man have long worked out that thinking is often a bad idea, but philosophers still hang on to an intellectualist (...) picture of human action. This book challenges that picture and calls on philosophers to wake up to the power of mindlessness: it is our habits, skills and conventions that help us cope with a world way too diverse for us to hope to always reinterpret it. The book presents the empirical evidence that has been accumulating over the last few decades and offers a philosophical analysis of mindless phenomena such as habits, skilled activity, automatic actions, emotional and spontaneous reactions and social conventions, arguing that traditional philosophical theories of action should be revised to do justice to this forgotten but important part of our lives: when we act mindlessly, we are free and fully rational even though we neither deliberate nor are aware of what we are doing. (shrink)

This study reflects on Harold Kincaid and Jule Zahle’s view that there is no necessary association between methodological individualism and agent-based models because the analysis of social phenomena in terms of the latter cannot always be regarded as an implementation of the former. Their view remains in contention with the standpoint of several philosophers of science and social scientists, including Chen and Di Iorio. Kincaid and Zahle’s main argument against such a standpoint is that agent-based simulation is compatible with holistic (...) explanations that are at odds with methodological individualism. The following study argues that Kincaid and Zahle’s conclusion remains untenable since it stems from inaccurate historical assumptions concerning the tradition of methodological individualism and the way the individualism-holism debate is understood within this tradition. (shrink)

I show that Pickard’s argument against the irresistibility of addiction fails because her proposed dilemma, according to which either drug-seeking does not count as action or addiction is resistible, is flawed; and that is the case whether or not one endorses Pickard’s controversial definition of action. Briefly, we can easily imagine cases in which drug-seeking meets Pickard’s conditions for agency without thereby implying that the addiction was not irresistible, as when the drug addict may take more than one route to (...) go meet her dealer. (shrink)

This note discusses three issues that Allen and Pardo believe to be especially problematic for a probabilistic interpretation of standards of proof: (1) the subjectivity of probability assignments; (2) the conjunction paradox; and (3) the non-comparative nature of probabilistic standards. I offer a reading of probabilistic standards that avoids these criticisms.

The argument for the moral permissibility of killing newborns is a challenge to liberal positions on abortion because it can be considered a reductio of their defence of abortion. Here I defend the liberal stance on abortion by arguing that the argument for the moral permissibility of killing newborns on ground of the social, psychological and economic burden on the parents recently put forward by Giubilini and Minerva is not valid; this is because they fail to show that newborns cannot (...) be harmed and because there are morally relevant differences between fetuses and newborns. (shrink)

Judith Jarvis Thomson has recently proposed a new argument for the thesis that killing the one in the Trolley Problem is not permissible. Her argument relies on the introduction of a new scenario, in which the bystander may also sacrifice herself to save the five. Thomson argues that those not willing to sacrifice themselves if they could may not kill the one to save the five. Bryce Huebner and Marc Hauser have recently put Thomson's argument to empirical test by asking (...) people what they should do in the new trilemma case, in which they may also sacrifice themselves. They found that the majority judge that they should either kill the one or sacrifice themselves; Huebner and Hauser argue that those numbers speak against Thomson's argument. But Thomson's argument was about the dialectical effect of the new trilemma on the traditional dilemma, rather than about the trilemma itself. Here I present the results of a study in which I asked subjects first what they should do in the trilemma and then what they should do in the traditional Trolley Problem. I found that, if asked first about the trilemma, subjects then have the intuition that killing the one in the traditional Bystander at the Switch is not permissible?exactly what Thomson's argument had predicted. (shrink)

Il 2021 segna gli ottant’anni dalla nascita di Mario Perniola, uno dei massimi filosofi italiani del secondo dopoguerra. Questo volume raccoglie interventi che esplorano la sua opera mostrandone la fertilità e sottolineando al tempo stesso la prossimità delle sue idee con le principali sfide del nostro tempo. Dall’Italia al Brasile, passando per gli Stati Uniti, l’Irlanda, la Francia, il Belgio, il Messico e la Cina, gli autori si soffermano su temi che comprendono l’estetica, la politica, la teoria della comunicazione, i (...) queer studies, il pensiero rituale e religioso, la sessualità e la letteratura, restituendo la plurivocità e l’originalità di un filosofo di respiro internazionale e più che mai attuale. (shrink)

I argue that the arguments brought by Counsel for M to the English Court of Protection are morally problematic in prioritising subjective interests that are the result of ‘consistent autonomous thought’ over subjective interests that are the result of a more limited cognitive perspective.

Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond.

The literature on algorithmic fairness has examined exogenous sources of biases such as shortcomings in the data and structural injustices in society. It has also examined internal sources of bias as evidenced by a number of impossibility theorems showing that no algorithm can concurrently satisfy multiple criteria of fairness. This paper contributes to the literature stemming from the impossibility theorems by examining how informational richness affects the accuracy and fairness of predictive algorithms. With the aid of a computer simulation, we (...) show that informational richness is the engine that drives improvements in the performance of a predictive algorithm, in terms of both accuracy and fairness. The centrality of informational richness suggests that classification parity, a popular criterion of algorithmic fairness, should be given relatively little weight. But we caution that the centrality of informational richness should be taken with a grain of salt in light of practical limitations, in particular, the so-called bias-variance trade off. (shrink)

The primary aim of this chapter is to explain the nature of evidential reasoning, the characteristic difficulties encountered, and the tools to address these difficulties. Our focus is on evidential reasoning in criminal cases. There is an extensive scholarly literature on these topics, and it is a secondary aim of the chapter to provide readers the means to find their way in historical and ongoing debates.

I argue that the empirical literature on priming effects does not warrant nor suggest the conclusion, drawn by prominent psychologists such as J. A. Bargh, that we have no free will or less free will than we might think. I focus on a particular experiment by Bargh – the ‘elderly’ stereotype case in which subjects that have been primed with words that remind them of the stereotype of the elderly walk on average slower out of the experiment’s room than control (...) subjects – and I show that we cannot say that subjects cannot help walking slower or that they are not free in doing do. I then illustrate how these cases can be reconciled and normalized within a Davidsonian theory of action to show that, in walking slower, subjects are acting intentionally. My argument applies across various experiments, including those of goal priming. In the final section I argue that the only cases in which priming effects are efficacious are so-called Buridan cases. (shrink)

Many believe that a peaceful, tolerant and respectful coexistence among religions is not compatible with the conviction that only one of them is true. I argue that this ‘incompatibility problem’ (IP) is grounded in a ‘naturalistic assumption’ (NA), that is, the assumption that every subject, including religion, should be treated without taking into account that a super‐natural being may exist and reveal to us an unexpected way to deal with our experience. I then argue that in matters of religion, NA (...) is untenable and that its very opposite, which I call ‘super‐naturalistic assumption’ (SA), should be adopted. My thesis is that, once SA is adopted, IP can be dismissed and that it is plausible to maintain that a peaceful, tolerant and respectful coexistence among religions is compatible with the conviction that only one of them is true. (shrink)

Many philosophers have pointed out that statistical evidence, or at least some forms of it, lack desirable epistemic or non-epistemic properties, and that this should make us wary of litigations in which the case against the defendant rests in whole or in part on statistical evidence. Others have responded that such broad reservations about statistical evidence are overly restrictive since appellate courts have expressed nuanced views about statistical evidence. In an effort to clarify and reconcile, I put forward an interpretive (...) analysis of why statistical evidence should raise concerns in some cases but not others. I argue that when there is a mismatch between the specificity of the evidence and the expected specificity of the accusation, statistical evidence—as any other kind of evidence—should be considered insufficient to sustain a conviction. I rely on different stylized court cases to illustrate the explanatory power of this analysis. (shrink)

I argue against the Doctrine of Double Effect’s explanation of the moral difference between terror bombing and strategic bombing. I show that the standard thought-experiment of Terror Bomber and Strategic Bomber which dominates this debate is underdetermined in three crucial respects: (1) the non-psychological worlds of Terror Bomber and Strategic Bomber; (2) the psychologies of Terror Bomber and Strategic Bomber; and (3) the structure of the thought-experiment, especially in relation to its similarity with the Trolley Problem. (1) If the two (...) worlds are not identical, then it may be these differences between the two worlds and not the Doctrine of Double Effect to explain the moral difference; (2a) if Terror Bomber and Strategic Bomber have the same causal beliefs, then why does Terror Bomber set out to kill the children? It may then be this unwarranted and immoral choice and not the Doctrine of Double Effect that explains the moral difference; (2b) if the two have different causal beliefs, then we can’t rule out the counterfactual that, had Strategic Bomber had the same beliefs as Terror Bomber, she would have also acted as Terror Bomber did. Finally, (3) the Strategic Bomber scenario could also be constructed so as to be structurally equivalent to the Fat Man scenario in the Trolley Problem: but then the Doctrine of Double Effect would give different answers to two symmetrical cases. (shrink)

I argue that, if drones make waging war easier, the reason why they do so may not be the one commonly assumed within the philosophical debate – namely the promised reduction in casualties on either side – but a more complicated one which has little to do with concern for one’s own soldiers or, for that matter, the enemy; and a lot more to do with the political intricacies of international relations and domestic politics; I use the example of the (...) Obama Administration’s drone policies to illustrate this argument. My point is meant to have wider methodological significance: philosophy can make an important contribution to this and related applied debates; but it is not by artificially – and optimistically – simplifying realities on the ground that philosophers can be of help. (shrink)

I distinguish between 'hard nudges' and 'soft nudges', arguing that it is possible to show that the latter can be compatible with informed consent - as Cohen has recently suggested; but that the real challenge is the compatibility of the former. Hard nudges are the more effective nudges because they work on less than conscious mechanisms such as those underlying our habits: whether those influences - which are often beyond the subject's awareness - can be reconciled with informed consent in (...) health care is the more challenging question. I suggest two directions for possible answers: on the one hand, looking at the growing empirical literature on mindless judgement and behaviour; and on the other hand considering a more diversified conception of consent, which I sketch. (shrink)

Ought parents, in general, to value being biologically tied to their children? Is it important, in particular, that both parents be biologically tied to their children? I will address these fundamental questions by looking at a fairly new practice within IVF treatments, so-called IVF-with-ROPA ( Reception of Oocytes from Partner ), which allows lesbian couples to „share motherhood‟ with one partner providing the eggs while the other becomes pregnant. I believe that IVF-with-ROPA is, just like other IVF treatments, morally permissible; (...) but here I argue that the increased biological ties which IVF-with-ROPA allows for do not have any particular value beside the satisfaction of a legitimate wish, because there is no intrinsic value in a biological tie between parents and children; further, I argue that equality within parental projects cannot be achieved by redistributing biological ties. (shrink)

Can Marxist-Leninist philosophy disregard dialectical materialism, the analysis of material and social contradictions, the need to overcome and resolve them in the service of revolutionary transformation? ‘Does the lecturer acknowledge that the philosophy of Marxism is dialectical materialism’, as Lenin asked Bogdanov one day in May 1908? What had 'official Soviet Marxism' really become, capable of combining ideological dictatorship with militant philosophical ignorance, in turn justified by the achievements of modern science, skilfully used as an instrument of domination and preservation (...) of the established order? How can one conceptually dominate reality and its contradictions, knowing well that knowledge is never neutral but is class-based? These questions are answered by Evald Ilyenkov, one of the greatest Marxist philosophers of the 20th century, re-examining Lenin's Materialism and Empiriocriticism at the end of the 1970s with a text entitled Leninist Dialectics and the Metaphysics of Positivism, still unpublished in Italy, and identifying in the revolutionary leader an exceptional theoretical ally. Just as Lenin had had to fight the attacks promoted by the theories of Bogdanov, who approached the empirio-criticism of Mach, Avenarius and Berman, seeing it as dogmatic and reactionary materialism directed against the natural sciences, so Ilyenkov fought against the penetration of positivism into Soviet politics and philosophy, criticizing the rejection of the dialectic only functional to the technocratic project of building 'socialism' in the Brezhnev era, a disguised heir of the empirio-criticism denounced by Lenin as the natural metaphysical conclusion to the logic of positivism. (shrink)

In 1931, Evgeny Pashukanis, the distinguished Soviet jurist, author of “The General Theory of Law and Marxism”, following an invitation to celebrate the centenary of Hegel’s death, published an assay entitled “Hegel, the State and Law” (Гегель. Государство и право) aimed to demistify, through a brief retrospective of Hegelian’s philosophy, its specific use, something achieved through the bourgeois ideology which, at some point in history, abandoned Kantism and its followers to embrace Neo-Hegelianism as a philosophy of domination and social control. (...) In this unpublished text, Pashukanis reflects, from a Marxist and Leninist point of view, on the ability to use Hegel as a bourgeois defense tool, when a particular society, specifically the one from the 1920s to the 1930s, began to be affected by the fear of communism and by the crises that endanger its very survival. From this angle, the capitalist interest - following Pashukanisian interpretation of Hegel - will only develop in the terms of a scientific elimination of all those subversive potentials that the economic crisis is destined to produce, thus reformulating the notions of State and Law which, in between obedience, discipline and defense of the homeland, come to assert the official recognition of the inexorably crushed proletariat in a condition in which all relations of production and social reproduction are transferred to the realm of exploitation, as its definitive subsumption to capital. (shrink)

Frente a quienes sostienen una incompatibilidad entre historia de la filosofía y filosofía, en cuanto plantean una disyuntiva entre una práctica descriptiva y una argumentativa, en este trabajo nos proponemos mostrar, examinando la labor histórico-filosófica de Aris- tóteles, que esa disyuntiva no es excluyente. Para ello, en primer lugar, examinaremos algunos pasajes de su obra en los que ofrece indicaciones metodológicas que permiten comprender la doble función que cumplen las exposiciones críticas de los filósofos precedentes en la constitución misma de (...) su filosofía. En segundo lugar, ilustraremos el tipo de argumentación aristotélica a través del análisis de las críticas que dirige a las Ideas platónicas como causas. Contra Platón, Aristóteles establece que, para dar cuenta de la ingenerabilidad e incorruptibilidad de las formas, no es necesario caracterizarlas como entidades separadas de la materia y del movimiento. Basta asegurar la eternidad de la forma a través de su reproducción en otros individuos de la misma especie. Tal análisis nos permite concluir, finalmente, que filosofía o historia de la filosofía constitu- yen una falsa disyuntiva en Aristóteles, por lo que el examen dialéctico de las doctrinas precedentes es un método adecuado de indagación filosófica. (shrink)

Excerpt: In this essay I explore the nature of the necessity of historical development in Nietzsche’s genealogy of Judeo-Christian moral values. I argue that the progression of moral stages in Nietzsche’s study is ordered in such a way that the failure of each stage is logically and structurally necessary, that each failure structures the resultant system or paradigm, but that the historical manifestation of moral paradigms coinciding with predicted or projected theoretical structures is contingent upon a multitude of other historical (...) factors. Therefore, the systematic internal failures of moral stages allow for, but do not cause, successive events. (shrink)

The use of writing or journaling as a tool toward healing is becoming increasingly accepted in the vernacular of healing litanies. Reference books, personal narratives, and research on the effects of writing on healing psychological discomfort are abundant. Heal Yourself with Writing, written by screenwriter Catherine Ann Jones, and published in 2013, won a Nautilus Book Award for 2014. The following review reflects a book that is a well-thought journey through the steps of intentional or focused writing for the express (...) purpose of moving from living from beliefs and thoughts that do not serve healthy wholeness or fullness of life, into living more freely and more authentically. (shrink)