Political liberals assume an accessibility requirement, which means that, for ensuring civic respect and non-manipulation, public officials should offer accessible reasons during political advocacy. Recently, critics have offered two arguments to show that the accessibility requirement is unnecessary. The first is the pluralism argument: Given the pluralism in evaluative standards, when officials offer non-accessible reasons, they are not disrespectful because they may merely try to reveal their strongest reason. The second is the honesty argument: As long as officials honestly confess (...) their beliefs after offering non-accessible reasons, disrespect and non-manipulation do not occur. This paper defends the accessibility requirement and asserts that these two arguments overlook a unique feature of the political domain. While all citizens collectively own political power as a corporate body, an official does not privately own her political power. Instead, she is a trustee who has a duty to act on behalf of the corporate body, that is, she has to make decisions on grounds that are accessible to others. This duty explains why, despite pluralism, the accessibility requirement is necessary. Moreover, given that political decisions are profoundly influential to each person, requiring people to be honest is ineffective in discouraging disrespectful and manipulative acts. (shrink)

Clayton and Stevens argue that political liberals should engage with the religiously unreasonable by offering religious responses and showing that their religious views are mistaken, instead of refusing to engage with them. Yet they recognize that political liberals will face a dilemma due to such religious responses: either their responses will alienate certain reasonable citizens, or their engagements will appear disingenuous. Thus, there should be a division of justificatory labour. The duty of engagement should be delegated to religious citizens. In (...) this comment, I will argue that the division of justificatory labour is indefensible. This dilemma can be avoided if politicians and political philosophers correctly use conjecture, a form of discourse that involves non-public reason. As a conditional response, conjecture avoids alienating any reasonable citizens. Also, if conjecture is given in a sincere and open-minded manner, then the problem of disingenuousness can be overcome. My comment concludes that while the engagement of politicians and political philosophers does not necessarily jeopardize overlapping consensus, they should be permitted, or perhaps even required, to engage with the religiously unreasonable due to the natural duty of justice. (shrink)

In Public Reason Confucianism, Kim Sungmoon presents a perfectionist theory that is based on a partially comprehensive Confucian doctrine but is non-sectarian, since the doctrine is widely shared in East Asian societies. Despite its attractiveness, I argue that this project, unfortunately, fails because it is still vulnerable to the sectarian critique. The blurred distinction between partially and fully comprehensive doctrines will create a loophole problem. Sectarian laws and policies may gain legitimacy that they do not deserve. I further defend political (...) Confucianism, which is regarded by Kim as an inadequately intelligible form of Confucianism. Kim assumes a too narrow understanding of intelligibility. Although political Confucianism may not be politically intelligible, it is civically intelligible, i.e. it is culturally intelligibly different from other political theories in terms of its implications in citizens’ actions in civil society. In light of civic intelligibility, the distinctiveness of political Confucianism should not be underestimated. (shrink)

An interview exploring the complexity of contemporary French philosophical atheism, in the light of Difficult Atheism: Post-Theological Thinking in Badiou, Nancy and Meillassoux (Edinburgh UP, 2011).

Contractualism is a normative theory which characterizes principles of right in terms of the idea of mutual respect. In this theory, mutual respect is regarded as having deliberative priority over other values. This essay aims to examine how contractualists can provide a satisfactory justification for prioritizing mutual respect. I will argue that the ‘value of mutual respect argument,’ which is a justification commonly adopted by contractualists, is inadequate because an unconditional priority of mutual respect cannot be grounded on the desirability (...) of a relationship of mutual respect. Then I will suggest that a ‘consistency argument’ can provide a better justification of why the idea of mutual respect should have priority. Mutual respect is of special importance, not because it is highly desirable, but rather because it is required by an a priori guiding principle of consistency. Individuals become inconsistent if they ask others to respect them as reason-assessing individuals, while at the same time refusing to respect others in the same way. (shrink)

In a well-ordered society, democratic officials face an assurance problem. They want to ensure that others will act reasonably when they do the same. According to political liberals, public reason can solve this problem, but the details of how assurance is generated are unclear. This article explains the assurance mechanism in political liberalism. Apart from public reason, mutual assurance is also provided by a long-term record of civic deeds. By performing civic deeds over time, officials signal their reasonableness to each (...) other. This record of civic deeds is costly to unreasonable officials and thus represents a reliable way to differentiate trustworthy fellows from others. The article also shows that a recent critique of political liberalism, which argues that public reason is merely cheap talk and thus political liberalism fails to provide mutual assurance, misses the point. It overlooks that assurance is created through talks and deeds together. (shrink)

In most of the introductions to Rawls and contemporary contractarianism, Rawls is seen as the representative of Kantian contractarianism. He is understood as inheriting a contractarian tradition that can be traced back to Kant and which has inspired followers such as Barry and Scanlon. This paper argues that the label does not fit Rawls. While a Kantian contractarian would presuppose a monistic conception of practical reason, Rawls is a hybrid contractarian who presupposes a dual conception. I shall first argue that (...) the way in which a contractarian model is labeled is determined by its conception of practical reason. Then I show that Rawls and Kantian contractarians assume different conceptions of practical reason, and therefore should be seen as belonging to two strands of thought. I further argue that, although Rawls acknowledges his intellectual affiliation with Kant, he cannot be considered a Kantian contractarian in the commonly understood way. In his Lectures on the History of Moral Philosophy, Rawls interprets Kant as endorsing a hybrid contractarian model that is similar to his. By understanding Rawls as a hybrid contractarian and not confusing his philosophical project with that of Kantian contractarians, Rawls’s contribution to the history of contractarianism can be better evaluated. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

New Atheists and Anti-Theists (such as Richard Dawkins, Daniel Dennett, Sam Harris, Christopher Hutchins) affirm that there is a strong connection between being a traditional theist and being a religious fundamentalist who advocates violence, terrorism, and war. They are especially critical of Islam. On the contrary, I argue that, when correctly understood, religious dogmatic belief, present in Judaism, Christianity, and Islam, is progressive and open to internal and external criticism and revision. Moreover, acknowledging that human knowledge is finite and that (...) humans are fallible and have much to learn, dogmatic religious believers accept that they ought to value and seek to acquire moral and intellectual virtues, including the virtues of temperance and reasonability. (shrink)

The relationship between animal rights and contractarian theories of justice such as that of Rawls has long been vexed. In this article, I contribute to the debate over the possibility of inclusion of animals in Rawls’s theory of justice by critiquing the rationale he gives for their omission: that they do not possess moral personality. Contrary to Rawls’s assumptions, it appears that some animals may possess the moral powers that comprise moral personality, albeit to a lesser extent than most humans. (...) Some animals can act in pursuit of preferences and desires (and communicate them non-verbally), which might be taken as implicitly selecting a conception of the good; further, scientific research demonstrating inequity aversion and social play behaviors suggests that some animals can have a sense of justice relating to their own social groups. I conclude that Rawls’s theory needs to acknowledge any animals that can be considered to meet the threshold of moral personality, while the concept of moral personality as a range property may also require reconsideration. (shrink)

This paper proposes a philosophically informed decision-making methodology, inspired by Aristotle, that encourages constructive discussions amongst employers and employees; is directed towards shared higher-level goals; is consistent with planning frameworks already in place in many businesses; can be amended over time without disruptive disputes; and accounts for the particularities of each industry, enterprise, workplace, and job. It seeks to establish a more fundamental basis for discussions about remote vs. in-person office work: specifically, the purpose and nature of the work of (...) those affected. If these matters can be decided, then subsequent discussions might be focused more upon the shared outcomes to which stakeholders are committed and less upon individual preferences and ‘hunches.’. (shrink)

What I aim to elucidate in this article is Baldwin's moral psychology of anger in general, and black rage in particular, as seen in his nonfiction. I'll show that Baldwin's thinking is significant for moral psychology and is relevant to important questions at the intersection of philosophy of emotions, race, and social philosophy. It also has pragmatic application to present-day anti-racist struggle. Baldwin's theoretical account of Black rage, I'll argue, dignifies Blacks by centering them as people with (...) agential capacities and provides them with a pragmatic politics of rage that is useful in the fight against white supremacy and racial injustice. (shrink)

The so-called Baldwin Effect generally says how learning, as a form of ontogenetic adaptation, can influence the process of phylogenetic adaptation, or evolution. This idea has also been taken into computation in which evolution and learning are used as computational metaphors, including evolving neural networks. This paper presents a technique called evolving self-taught neural networks – neural networks that can teach themselves without external supervision or reward. The self-taught neural network is intrinsically motivated. Moreover, the self-taught neural network is (...) the product of the interplay between evolution and learning. We simulate a multi-agent system in which neural networks are used to control autonomous agents. These agents have to forage for resources and compete for their own survival. Experimental results show that the interaction between evolution and the ability to teach oneself in self-taught neural networks outperform evolution and self-teaching alone. More specifically, the emergence of an intelligent foraging strategy is also demonstrated through that interaction. Indications for future work on evolving neural networks are also presented. (shrink)

I examine how James Baldwin explored white ignorance—as conceived by Charles Mills—in his work. I argue that Baldwin helps us understand Mills’s account of white ignorance more deeply, showing that while only mentioned briefly by Mills, Baldwin provides fruitful insights into the phenomenon. I also consider the resources Baldwin provides to find a way out of white ignorance. My aim is to link these thinkers in ways that have been largely ignored.

The so-called “Baldwin Effect” has been studied for years in the fields of Artificial Life, Cognitive Science, and Evolutionary Theory across disciplines. This idea is often conflated with genetic assimilation, and has raised controversy in trans-disciplinary scientific discourse due to the many interpretations it has. This paper revisits the “Baldwin Effect” in Baldwin’s original spirit from a joint historical, theoretical and experimental approach. Social Heredity – the inheritance of cultural knowledge via non-genetic means in Baldwin’s term (...) – is also taken into consideration. I shall argue that the Baldwin Effect can occur via social heredity without necessity for genetic assimilation. Computational experiments are carried out to show that when social heredity is permitted with high fidelity, there is no need for the assimilation of acquired characteristics; instead the Baldwin Effect occurs as promoting more plasticity to facilitate future intelligence. The role of mind and intelligence in evolution and its implications in an extended synthesis of evolution are briefly discussed. (shrink)

This paper defends the position that the supposed gap between biological altruism and psychological altruism is not nearly as wide as some scholars (e.g., Elliott Sober) insist. Crucial to this defense is the use of James Mark Baldwin's concepts of “organic selection”and “social heredity” to assist in revealing that the gap between biological and psychological altruism is more of a small lacuna. Specifically, this paper argues that ontogenetic behavioral adjustments, which are crucial to individual survival and reproduction, are also (...) crucial to species survival. In particular, it is argued that human psychological altruism is produced and maintained by various sorts of mimicry and self-reflection in the aid of both individual and species survival. The upshot of this analysis is that it is possible to offer an account of psychological altruism that is closelytethered to biological altruism without reducing entirely the former to thelatter. (shrink)

This review points out how Baldwin's book is unique in that it foregrounds proto-Marxist views of God. But it misses the mark by not mentioning "Gilles Deleuze and Félix Guattari’s work on the rhizomic nature of the Buddhist ‘mandala’.".

This essay is to invite a new form of theorizing Baldwin’s intellectual archive beyond a work of protest or as being contributory to Queer writing. I argue that Baldwin’s thought often in the form of the polemic is a form of non-violent resistance. Baldwin’s contestation against whiteness and the methods of Black erasure in general and Black male annihilation in particular is why he is challenging the complexity of protest. In pushing against traditional or what has become (...) traditional ways of analyzing Black thought, my essay highlights why figures like Baldwin are read in fragmentation. Hence, my insistence on Baldwin being categorized as a Gender/Genre theorist more so than a Queer theorist. Because his writings are on the erasure of Black Male existence within and outside of heteronormative spaces. (shrink)

. This article seeks to outline how a Muslim believer can deflect a defeater for Islamic belief put forward by Erik Baldwin and Tyler McNabb. In doing so, it aims to reject the suggestion that an Islamic religious epistemology is somehow antithetical to a model of Reformed epistemology which is not fully compatible with Plantingian. Taken together with previous work on Islam and RE, the article not only aims to provide reason to think that Baldwin and McNabb’s proposed (...) epistemic defeater for Islamic belief isn’t problematic, it also seeks to show how the concerns raised by Baldwin and McNabb over a Plantingian model of RE in Islamic milieu, are no longer tenable. (shrink)

What might film’s contribution be to the work of acknowledgment, apology, and moral repair? James Baldwin's 1976 book on film, The Devil Finds Work, can be read as a reflection on the role that film might play in the extensive, multi-dimensional, public task of, as he puts it, putting ourselves in touch with reality, specifically the reality of American racism as an integral to American reality, its past and present. Developing Baldwin's thought, this paper outlines two broad types (...) of cinematic pictures or conceptions of racism: (1) films can present racism as a special event, or (2) films can present racism as a pervasive, structural reality. The former is complicit in a racist ideology that pictures racism as exceptional, rare, and unusual; the latter functions to critique such an ideology by picturing racism, not as a departure from the norm, but as constitutive of it. I develop a formal account of these cinematic pictures or conceptions through close analysis of two films made three years apart: Norman Jewison’s 1967 In the Heat of the Night (which Baldwin also analyses) and Michael Roemer’s 1964 film Nothing But a Man. (shrink)

James Baldwin wrote: "People who shut their eyes to reality simply invite their own destruction, and anyone who insists on remaining in a state of innocence long after that innocence is dead turns himself into a monster." When people impute meanings to events--such as the 2020 killing of George Floyd, the shooting of Jacob Blake, and subsequent upheavals--they do so with ideas that already make sense to them. And what makes most sense to people is typically due to others (...) with whom they share identities and experiences, and from whom they’ve inherited their basic intellectual scaffolding. But making sense of an event isn’t enough. We’re driven to mobilize action by convincing ourselves that our cause is morally or politically in the right. So people build on their stable-yet-evolving intellectual scaffolding and explanatory schemes to rationalize, justify, and sanctify their conduct. The easiest part of becoming what Baldwin called a moral monster is to build up these self-justifying rationalizations. The more complicated part is to construct a justifying consciousness that insures we’ll arrive safely at foregone conclusions with little risk of confronting others’ experiences in a way that might unsettle our equilibrium or sap our vehemence. In this way, people avoid facing realities that might upend their pretenses, so they are now ideally positioned to be, in Dewey’s words, “profoundly moral even in their immoralities.". (shrink)

“If the concept of God has any validity or any use,” James Baldwin writes in The Fire Next Time, “it can only be to make us larger, freer, and more loving. If God cannot do this, then it is time we got rid of Him.” This essay is a meditation on Baldwin’s claim. I begin by presenting Baldwin’s account of a grave danger that characterizes our social lives – a source of profound estrangement from ourselves and from (...) one another. I draw on the work of the theologian Howard Thurman in order to explain how faith in a loving God can enable us to cope with this danger in a manner that may render us, in some sense, larger, freer, and more loving. Finally, I sketch Baldwin’s account of how we might cope with this danger not by relying on God’s love, but rather by relying in certain ways on our love for one another. (shrink)

Recently, Erik Baldwin and Tyler McNabb have brought Madhva's epistemological framework into active dialogue with Alvin Plantinga's religious epistemology and have argued that individuals within Madhva's tradition cannot make full use of Plantinga's epistemology, according to which, Christian belief resists de jure objections and can also have warrant. While I do not contest this specific claim, I demonstrate that an analysis of Madhva's epistemological framework reveals that this framework has its own resources through which it can resist de jure (...) objections. I address various objections to the rationality of Mādhvic belief and conclude that there are no de jure objections to Mādhvic belief that are independent of de facto objections. (shrink)

Under the assumption that anticipatory models are required for anticipatory behavior, an important question arises about the different manners in which organisms acquire anticipatory models. This article aims to articulate four different non-exhaustive ways that anticipatory models might possibly be acquired over both phylogenetic and ontogenetic timescales and explore the relationships among them. To articulate these different model-acquisition mechanisms, four schematics will be introduced, each of which represents a particular acquisition structure that can be used for the purposes of comparison, (...) analysis, and hypothesis formulation. By bringing to the fore the differences and similarities between each of the four ways that anticipatory models are acquired, a more complete picture of both anticipatory behavior and its pervasive role in biological self-maintenance can be offered. In doing so, this article helps not only to shed light on how anticipatory behavior might arise in the wide range of organisms that it has been observed in but also to throw into relief the subtle and often still overlooked causal interplay between ontogenetic and phylogenetic plasticity. (shrink)

Like David Silver before them, Erik Baldwin and Michael Thune argue that the facts of religious pluralism present an insurmountable challenge to the rationality of basic exclusive religious belief as construed by Reformed Epistemology. I will show that their argument is unsuccessful. First, their claim that the facts of religious pluralism make it necessary for the religious exclusivist to support her exclusive beliefs with significant reasons is one that the reformed epistemologist has the resources to reject. Secondly, they fail (...) to demonstrate that it is impossible for basic religious beliefs to return to their properly basic state after defeaters against them have been defeated. Finally, I consider whether there is perhaps a similar but better argument in the neighbourhood and conclude in the negative. Reformed Epistemology's defence of exclusivism thus remains undefeated. (shrink)

The subtraction argument, originally put forward by Thomas Baldwin (1996), is intended to establish Metaphysical Nihilism, the thesis that there could have been no concrete objects. Some modified versions of the argument have been proposed in order to avoid some difficulties faced by the original argument. In this paper I shall concentrate on two of those versions, the so-called subtraction argument* (presented and defended in Rodriguez-Pereyra 1997, 2000, 2002), and Efird and Stoneham’s recent version of the argument (Efird and (...) Stoneham 2005). I shall defend the subtraction argument* from Alexander Paseau’s (2006) objection that because a crucial premise of the subtraction argument* may have no plausibility independent from Metaphysical Nihilism, the subtraction argument* is not suasive. Although Paseau focuses on the subtraction argument*, I shall point out that Efird and Stoneham could reply to Paseau’s objection in the same way. Thus there are (at least) two suasive versions of the subtraction argument that establish Metaphysical Nihilism. But are those two arguments equally good? I shall argue that the subtraction argument* is preferable to Efird and Stoneham’s argument. (shrink)

We critique MacIntyre's traditions-based perspectivalist approach to religious epistemology as articulated by Erik Baldwin from the perspective of phenomenal conservatism.

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)

We humans have a formidable armamentarium of social display behaviours, including song-and-dance, the visual arts, and role-play. Of these, role-play is probably the crucial adaptation which makes us most different from other apes. Human childhood, a sheltered period of ‘extended irresponsibility’, allows us to develop our powers of make-believe and role-play, prerequisites for human cooperation, culture, and reflective consciousness. Social mirror theory, originating with Dilthey, Baldwin, Cooley and Mead, holds that there cannot be mirrors in the mind without mirrors (...) in society. I will present evidence from the social and behavioural sciences to argue that self-awareness depends on social mirrors and shared experiential worlds. The dependence of reflectivity on shared experience requires some reframing of the ‘hard problem’, and suggests a non-trivial answer to the zombie question. (shrink)

Agency is a central concept in the organisational approach to organisms, which accounts for their internal purposiveness. Recent recognition of the active role played by organisms in evolution has led researchers to use this concept in an evolutionary approach. Agency is then considered in terms of ‘unintentional’ choice: agents choose from a given repertoire the behaviour most appropriate to their goal, with this choice influencing evolutionary pathways. This view, while allowing for the evolutionary role of the activity of organisms, presents (...) two pitfalls. First, it restricts organisms’ agency by confining their choice within the bounds of a behavioural repertoire, and assuming their goals are dictated by natural selection. Second, this view, while claiming to eliminate the idea of intentionality, retains its structure: organisms are portrayed as rational entities, persistently pursuing specific goals. This leads us back to a teleological thinking, whose use in evolutionary theory has already been heavily criticised. This paper proposes a conception of biological agency which does not assume goal-directedness but considers agency as inventiveness. An organism will be said to be an agent if it is the triggering cause of behaviours falling outside the known repertoire and whose form can only be explained by the unique relationship between the organism and the environment. If these behaviours have implications in evolution, the agent will be considered an evolutionary agent. The merit of this approach is further validated by evidencing the significant role behavioural innovations play in evolution. Finally, the last section delves into the process of invention by examining animal play. (shrink)

Preliminary Material /Reto Rössler, Tim Sparenberg and Philipp Weber -- Kosmos & Kontingenz /Reto Rössler, Tim Sparenberg and Philipp Weber -- "De la théorie à la pratique“ /Eva Marie Noller -- Mittelalterliche Kosmologie und Kontingenz /Cornelia Selent -- Kontingenz der Stimmen im Kosmos der Lettern -,Atomologie', Technologie und William Baldwins Beware the Cat /Ronja Bodola -- Hypothese, Abweichung und Traum Keplers Ellipsen /Reto Rössler -- "Nur leerer Raum und Schatten“ /Hartmut Böhme -- Gewissheit als sentiment /Christian Reidenbach -- Poiesis im (...) "Gegenhalt“ der anderen Welten: Epistemische und kosmologische Kontingenz bei Breitinger und Brockes /Johannes Wankhammer -- Ungereimtheit - Poesie und Prosa um 1755 /Wolfgang Hottner -- "Es giebt freylich unzähliche Welten“ /Tim Sparenberg -- Kontingenz, Ordnung und realer Grund bei Kant /Thijs Menting -- Im Grunde das Regellose /Philipp Weber -- Kontingenz und Latenz /Helmut Müller-Sievers -- Revolution in Permanenz: Auguste Blanquis Ewigkeit durch die Sterne /Alexandra Heimes -- "Kosmische Gesetze“? /Elisa Ronzheimer -- Vom unendlichen Universum zur Dialektik der Kontingenz /Thomas Ebke -- Stetigkeit im kosmischen Diskontinuum /Timothy Attanucci -- Versuch einer Kosmologie des Performativen in der Kunst /Maximilian Haas -- Kosmopolitismus und Internationalismus: Zwei Modelle, zwei Erbschaften /Étienne Balibar -- Vom kontingenten Kosmos zur Kosmopolitik /Karin Harrasser -- Auswahlbibliographie /Reto Rössler, Tim Sparenberg and Philipp Weber -- Begriffsregister /Reto Rössler, Tim Sparenberg and Philipp Weber -- Autorinnen und Autoren /Reto Rössler, Tim Sparenberg and Philipp Weber. (shrink)