Construed as a theory of justice, relational egalitarianism says that justice requires that people relate as equals. Construed as a theory of what makes democracy valuable, it says that democracy is a necessary, or constituent, part of the value of relating as equals. Typically, relational egalitarians want their theory to provide both an account of what justice requires and an account of what makes democracy valuable. We argue that relational egalitarians with this dual ambition face the justice-democracy dilemma: Understanding social (...) relations in such a way that renders relational egalitarianism plausible as an answer to what makes democracy valuable comes at the price of understanding social relations in a way that makes it less plausible as a theory of justice, and vice versa. We also argue that there is no easy way out of the dilemma and that relational egalitarians, who want relational equality to provide both accounts mentioned, may simply have to set their ambitions lower on behalf of relational equality. (shrink)

We consider several natural fragments of the alternating-time temporal logics ATL* and ATL with restrictions on the nesting between temporal operators and strategic quantifiers. We develop optimal decision procedures for satisfiability in these fragments, showing that they have much lower complexities than the full languages. In particular, we prove that the satisfiability problem for state formulae in the full `strategically flat' fragment of ATL* is PSPACE-complete, whereas the satisfiability problems in the flat fragments of ATL and ATL$^{+}$ are $\Sigma^P_3$-complete. We (...) note that the nesting hierarchies for fragments of ATL* collapse in terms of expressiveness above nesting depth 1, hence our results cover all such fragments with lower complexities. (shrink)

Employers sometimes use personality tests in hiring or specifically look for candidates with certain personality traits such as being social, outgoing, active, and extraverted. Therefore, they hire based on personality, specifically extraversion in part at least. The question arises whether this practice is morally permissible. We argue that, in a range of cases, it is not. The common belief is that, generally, it is not permissible to hire based on sex or race, and the wrongness of such hiring practices is (...) based on two widely accepted principles: the Relevance Principle and the Fairness Principle. The Relevance Principle states that hiring should be based on what is relevant to job performance, while the Fairness Principle states that hiring should be based on features that individuals can control. Since hiring based on sex or race violates these principles, it is wrong. However, we argue that, in a range of cases, hiring based on extraversion also violates these principles, and assuming the validity of the Relevance and the Fairness Principles, it follows that personality discrimination is morally wrong in those cases. (shrink)

Dennis Whitcomb argues that there is no God on the grounds that God is supposed to be omniscient, yet nothing could be omniscient due to the nature of grounding. We give a formally identical argument that concludes that one of the present co-authors does not exist. Since he does exist, Whitcomb’s argument is unsound. But why is it unsound? That is a difficult question. We venture two answers. First, one of the grounding principles that the argument relies on is false. (...) Second, the argument equivocates between two kinds of grounding: instance-grounding and quasi-mereological grounding. Happily, the equivocation can be avoided; unhappily, avoidance comes at the price of a false premise. (shrink)

This article argues that, as commonly understood, indirect discrimination is not necessarily unjust: 1) indirect discrimination involves the disadvantaging in relation to a particular benefit and such disadvantages are not unjust if the overall distribution of benefits and burdens is just; 2) indirect discrimination focuses on groups and group averages and ignores the distribution of harms and benefits within groups subjected to discrimination, but distributive justice is concerned with individuals; and 3) if indirect discrimination as such is unjust, strict egalitarianism (...) has to be the correct account of distributive justice, but such egalitarianism appears vulnerable to the leveling down objection (whether decisively or not), and many theorists explicitly reject strict egalitarianism anyway. The last point threatens the position of liberals who oppose indirect discrimination but think significant inequalities can be just. (shrink)

The Abrahamic traditions regard God as the world’s author. But what kind of author? A novelist? A playwright? Perhaps a composer of classical music? I will argue that it is best to regard God as like an improvisational play director or the leader of a jazz ensemble. Each determines the broad melodic contours or coarse-grained plot beforehand, while allowing their musicians or actors, and chance, to fill in the more fine-grained details. This analogy allows us to regard God as the (...) ultimate author of this world, while allowing us to be, while less than co-authors, more than mere enactors of a pre-written piece. These metaphors are particularly well-suited to illustrate and flesh out an Open Theistic view of things. (shrink)

There are many different meanings of sustainability and precaution and no evident connection between the new normative concepts and the traditional moral theories. We seek an ethical basis for sustainability and precaution—a common framework that can serve as a means of resolving the conceptual ambiguities of the new normative concepts and the conflicts between new and traditional moral concepts and theories. We employ a systemic approach to analyze the past and possible future extension of ethics and establish an inclusive framework (...) of ethical extension. This framework forms the basis for what we call a systemic ethic. (shrink)

In this brief review it is not possible to do full justice to this lively and lucidly presented study. It is fair to say, I think, that the considerable merits of this work rest primarily with its intelligent and reliable selection of material, most of which is already available and familiar. This study does not aim to challenge any orthodoxies or present new material of some significant kind. Rasmussen does not need to do this since his real concern is (...) to tell a story about two great thinkers in an engaging manner – a task which he achieves with great success. This is a book that scholars will thoroughly enjoy and appreciate and which will also find many appreciative readers well beyond these boundaries. (shrink)

Kymlicka has offered an influential luck egalitarian justification for a catalogue of polyethnic rights addressing cultural disadvantages of immigrant minorities. In response, Quong argues that while the items on the list are justified, in the light of the fact that the relevant disadvantages of immigrants result from their choice to immigrate, (i) these rights cannot be derived from luck egalitarianism and (ii) that this casts doubt on luck egalitarianism as a theory of cultural justice. As an alternative to Kymlicka’s argument, (...) Quong offers his own justification of polyethnic rights based on a Rawlsian ideal of fair equality of opportunity. I defend luck egalitarianism against Quong’s objection arguing that if choice ever matters, it matters in relation to cultural disadvantages too. Also, the Rawlsian ideal of fair equality of opportunity cannot justify the sort of polyethnic rights that Quong wants it to justify, once we set aside an unwarranted statist focus in Quong’s conception of fair equality of opportunity. Whatever the weaknesses of luck egalitarianism are, the inadequacy of the position in relation to accommodating cultural disadvantages of immigrants is not among them. (shrink)

The endeavour to locate value in moral progress faces various substantive as well as more formal challenges. This paper focuses on challenges of the latter kind. After some preliminaries, Section 3 introduces two general kinds of “evaluative moral progress-claims”, and outlines a possible novel analysis of a descriptive notion of moral progress. While Section 4 discusses certain logical features of betterness in light of recent work in value theory which are pertinent to the notion of moral progress, Sections 5 and (...) 6 outline the ambiguous character of “making moral progress”. (shrink)

The problem of evil is set out as a dialectic between theist and critic, the aim being to reveal the place of ethical judgments in the theist's apology. I discover what ethical judgments, both normative and descriptive, are implicit in the theist's use of his premises as good reasons, and where his reasoning goes astray. I suggest what ethical judgments, in contrast to the theist's, are supported by good reasons.

Epistemic logics based on the possible worlds semantics suffer from the problem of logical omniscience, whereby agents are described as knowing all logical consequences of what they know, including all tautologies. This problem is doubly challenging: on the one hand, agents should be treated as logically non-omniscient, and on the other hand, as moderately logically competent. Many responses to logical omniscience fail to meet this double challenge because the concepts of knowledge and reasoning are not properly separated. In this paper, (...) I present a dynamic logic of knowledge that models an agent’s epistemic state as it evolves over the course of reasoning. I show that the logic does not sacrifice logical competence on the altar of logical non- omniscience. (shrink)

In human-centred design (HCD), researchers and designers develop products in cooperation with the potential users of these products. They attempt to give users a voice or a role in their projects, with the intention of developing products that match users’ needs and preferences. This approach is especially interesting in the information and communication technology (ICT) industry, in which many innovations are driven by development of technologies. The author works in HCD projects in the ICT industry and studied one particular project (...) as a participant observer. In this project, two telecom applications were designed together with and for two groups of users: police officers and people who provide informal care. The resulting case studies are interpreted, drawing from the fields of design studies and science and technology studies, and using texts of the philosophers Levinas and Derrida. HCD is presented as a process that happens between people and as a process with ethical qualities. The case studies demonstrate that HCD is a worthwhile approach. They also show the difficulties of cooperating with users and of multi-disciplinary team-work. HCD practitioners attempt to be open towards others, but they also tend to move towards closure and towards the self. The author suggests reflexive practice as a way for practitioners to be more aware of and to articulate these tendencies. This is intended to help them to better align their practices with what HCD can be about: a process of learning and creating together. (shrink)

Toni Rønnow-Rasmussen | : This paper explores a novel metaethical theory according to which value judgments express conditional beliefs held by those who make them. Each value judgment expresses the belief that something is the case on condition that something else is the case. The paper aims to reach a better understanding of this view and to highlight some of the challenges that lie ahead. The most pressing of these revolves around the correct understanding of the nature of the (...) relevant cognitive attitudes. It is suggested that the distinction between “dormant attitudes” and “occurrent attitudes” helps us to understand these conditional beliefs. | : Cet article explore une nouvelle théorie méta-éthique selon laquelle les jugements de valeur expriment les croyances conditionnelles des sujets qui les font. Chaque jugement de valeur exprimerait la croyance selon laquelle quelque chose est le cas à la condition que quelque chose d’autre le soit. L’objectif de cet article est de parvenir à une meilleure compréhension de ce point de vue et de souligner certaines de ses difficultés. La plus urgente d’entre elles concerne la compréhension adéquate de la nature des attitudes cognitives pertinentes. Nous suggérons que la distinction entre « attitudes dormantes » et « attitudes occurrentes » permettrait de mieux comprendre les croyances conditionnelles. (shrink)

A well-known problem for preference-utilitarianism is to what extent it should exclude from consideration certain preferences. In this paper I focus on past preferences. I outline three general and some particular positions that a preference-utilitarian reasonably would want to take with regard to past preferences and why I think that endorsing each of these positions create new problems for the preference-utilitarian. At the end I sketch on a possible solution to the axiological problems here presented. However, although the pluralistic approach (...) that I outline shares with preference-utilitarianism the idea that what is valuable is the satisfaction of preferences, it is not a viable option for a utilitarian. My conclusion is therefore that preference-utilitarianism faces a serious axilogical problem. (shrink)

Applied to evaluative properties the supervenience thesis is customarily understood as expressing two intuitions: (i) the idea that there is some kind of dependence between the (supervenient) value of an object and some (or all) of the natural properties of the object; (ii) the idea that if you assert that x is valuable and if you agree that y is relevantly similar to x, with regard to natural properties, you must be prepared to assert that y too is valuable. It (...) is argued that the influential account of supervenience by R. M. Hare is problematic in that it only expresses the latter but not the former intuition. Two solutions to this problem are outlined, one of which ought to be endorsable by a prescriptivist such as Hare. (shrink)

On 24 July 2022, the landmark decision Roe v. Wade (1973), that secured a right to abortion for decades, was overruled by the US Supreme Court. The Court decision in Dobbs v. Jackson Women’s Health Organisation severely restricts access to legal abortion care in the USA, since it will give the states the power to ban abortion. It has been claimed that overruling Roe will have disproportionate impacts on women of color and that restricting access to abortion contributes to or (...) amounts to structural racism. In this paper, we consider whether restricting abortion access as a consequence of overruling Roe could be understood as discrimination against women of color (and women in general). We argue that banning abortion is indirectly discriminatory against women of color and directly (but neither indirectly, nor structurally) discriminatory against women in general. (shrink)

Five arguments are presented in favour of the proposal that people who opt in as organ donors should receive a tax break. These arguments appeal to welfare, autonomy, fairness, distributive justice and self-ownership, respectively. Eight worries about the proposal are considered in this paper. These objections focus upon no-effect and counter-productiveness, the Titmuss concern about social meaning, exploitation of the poor, commodification, inequality and unequal status, the notion that there are better alternatives, unacceptable expense, and concerns about the veto of (...) relatives. The paper argues that none of the objections to the proposal is very telling. (shrink)

Herjeet Kaur Marway recently proposed the Principle of Procreative Justice, which says that reproducers have a strong moral obligation to avoid completing race and colour injustices through their selection choices. In this article, we analyze this principle and argue, appealing to a series of counterexamples, that some of the implications of Marway's Principle of Procreative Justice are difficult to accept. This casts doubt on whether the principle should be adopted. Also, we show that there are some more principled worries regarding (...) Marway's idea of a strong pro tanto duty not to complete injustices through one's procreative choices. Nonetheless, we believe Marway's arguments point in the right general direction regarding duties and structural injustice. Thus, in the final part, we suggest a positive proposal on how it would be possible to respond to the cases we raise. More specifically, we explore the suggestion that agents have a pro tanto duty to participate in eliminating structural injustice. Importantly, this duty can be satisfied, not only in procreation choices but in multiple ways. (shrink)

One well-known objection to the traditional Lewis-Stalnaker semantics of counterfactuals is that it delivers counterintuitive semantic verdicts for many counterpossibles (counterfactuals with necessarily false antecedents). To remedy this problem, several authors have proposed extending the set of possible worlds by impossible worlds at which necessary falsehoods may be true. Linguistic ersatz theorists often construe impossible worlds as maximal, inconsistent sets of sentences in some sufficiently expressive language. However, in a recent paper, Bjerring (2014) argues that the “extended” Lewis-Stalnaker semantics delivers (...) the wrong truth-values for many counterpossibles if impossible worlds are required to be maximal. To make room for non-maximal or partial impossible worlds, Bjerring considers two alternative world-ontologies: either (i) we construe impossible worlds as arbitrary (maximal or partial) inconsistent sets of sentences, or (ii) we construe them as (maximal or partial) inconsistent sets of sentences that are closed and consistent with respect to some non-classical logic. Bjerring raises an objection against (i), and suggests that we opt for (ii). In this paper, I argue, first, that Bjerring’s objection against (i) conflates two different conceptions of what it means for a logic to be true at a world. Second, I argue that (ii) imposes too strong constraints on what counts as an impossible world. I conclude that linguistic ersatzists should construe impossible worlds as arbitrary (maximal or partial) inconsistent sets of sentences. (shrink)

Does ethics have adequate general theories? Our analysis shows that this question does not have a straightforward answer since the key terms are ambiguous. So we should not concentrate on the answer but on the question itself. “Ethics” stands for many things, but we let that pass. “Adequate” may refer to varied arrays of methodological principles which are seldom fully articulated in ethics. “General” is a notion with at least three meanings. Different kinds of generality may be at cross-purposes, so (...) we must not expect theories to be general in sundry senses. “Theory,” for that matter, is itself ambiguous. Some thinkers say that ethics cannot have theories, while others deny it. We doubt whether opposing parties are talking about the same things.No wonder, then, that controversies in ethics are long-lasting and unproductive. We hope that the methodology we have presented will alleviate some of them. The examples we chose show that this is feasible. Views such as Hare's and Jonsen and Toulmin's which are seemingly wide apart, show convergence if we put them in a methodological perspective.Our analysis also suggests that many alleged differences between science and ethics could fade away if methodology is brought to bear on them. Specifically, the idea that ethics compares poorly with science in view of limited generality, or poor means of justification, is unfounded. Those who defend this view over-rate the powers of science. (shrink)

In this study I analyse the performance of a democratic decision-making rule: the weighted majority rule. It assigns to each voter a number of votes that is proportional to her stakes in the decision. It has been shown that, for collective decisions with two options, the weighted majority rule in combination with self-interested voters maximises the common good when the latter is understood in terms of either the sum-total or prioritarian sum of the voters’ well-being. The main result of my (...) study is that this argument for the weighted majority rule — that it maximises the common good — can be improved along the following three main lines. (1) The argument can be adapted to other criteria of the common good, such as sufficientarian, maximin, leximin or non-welfarist criteria. I propose a generic argument for the collective optimality of the weighted majority rule that works for all of these criteria. (2) The assumption of self-interested voters can be relaxed. First, common-interest voters can be accommodated. Second, even if voters are less than fully competent in judging their self-interest or the common interest, the weighted majority rule is weakly collectively optimal, that is, it almost certainly maximises the common good given large numbers of voters. Third, even for smaller groups of voters, the weighted majority rule still has some attractive features. (3) The scope of the argument can be extended to decisions with more than two options. I state the conditions under which the weighted majority rule maximises the common good even in multi-option contexts. I also analyse the possibility and the detrimental effects of strategic voting. Furthermore, I argue that self-interested voters have reason to accept the weighted majority rule. (shrink)

In presenting the key theoretical notions in Jacobi’s philosophical work, this paper shows how these notions are operative in Schellings late philosophy and in Kierkegaard. It is argued that Jacobi’s criticism of Spinozist rationalism is echoed in Schelling’s and Kierkegaard’s criticism of Hegelian speculation as it is shown that Jacobi’s distinction between two different kinds of knowledge, i.e. demonstration and illumination, is also at the very heart of Schelling’s and Kierkegaard’s philosophy. On this background the article finally discusses some important (...) similarities between Schelling and Kierkegaard, stressing the importance of the concept of the will as well as the relation between negativity and positivity. (shrink)

I have been experimenting with meditation for a long time, but just recently I seem to have come across another being in there. It may just be me looking at me, but whatever it is, it is showing me some really interesting arrangements of colored balls. At first, I thought it was just random colors and shapes, but it became very ordered. It was like this being (me?) was trying to talk to me but couldn’t, so was showing me some (...) math in pictures. I have gone in many times now and am trying to write things down here. Has anyone else ever seen this? My best guess so far is he is showing me a machine that might be useful to rapidly factor integers. I detail this in the analysis below. There is a lot of extra structure that I am currently disregarding, but is probably also something interesting. I will report more when I know more. (shrink)

The paper reveals some connections between the epistemological and anthropological aspects of Kierkegaard's notion of negativity, thereby putting the concepts of necessity and freedom into focus. Thus different notions of subjectivity are taken up for discussion, on the one hand, subjectivity as certainty and, on the other hand, a dialectical understanding of the self. Regarding the notions of necessity and freedom as well as the different theories of subjectivity. I relate Kierkegaard to philosophers within the German idealism, that is, Fichte (...) and Schelling, especially pointing to some crucial similarities between the philosophy and theology of Schelling and Kierkegaard. (shrink)

Rønnow-Rasmussen’s book explores the distinction between two kinds of value: good, and good-for. Rønnow-Rasmussen provides a reductive theory of both kinds of goodness: a fitting attitude account of goodness, on which facts about value reduce to facts about the norms governing agents’ attitudes. But Rønnow-Rasmussen argues that they conflict in an especially sharp way, so that we have a kind of choice about which to prioritise, and no obvious grounds on which to choose one over the other. (...) I articulate some virtues of the book but also doubts about the central thesis. (shrink)

Lippert-Rasmussen and Petersen discuss my ‘Moral case for legal age change’ in their article ‘Age change, official age and fairness in health’. They argue that in important healthcare settings (such as distributing vital organs for dying patients), the state should treat people on the basis of their chronological age because chronological age is a better proxy for what matters from the point of view of justice than adjusted official age. While adjusted legal age should not be used in deciding (...) who gets scarce vital organs, I remind the readers that using chronological age as a proxy is problematic as well. Using age as a proxy could give wrong results and it is better, if possible, for states to use the vital information directly than use age as a proxy. (shrink)

Personal Values is a delightful and enlightening read. It is teeming with novel insights, ground-breaking distinctions, rich examples, new delineations of the field, refreshing historical reminders, inventive arguments, unprecedented connections, identifications of neglected difficulties, and pioneering proposals. I shall focus here on three of these insights, which are illustrative of the pervasive scrupulousness and inventiveness of the book. The first is that there is a distinction between the supervenience base of values and their constitutive grounds. The second is that FA (...) is admittedly circular (because pro-attitudes have values as formal objects), but that this circularity is benign. The third proposal is that one important kind of for- someome-sake’s attitude⎯prototypically, love⎯is such that it is not justified by the properties it represents its object as exemplifying. This is a small sample of claims not meant to be representative of the book. The reason I have chosen to discuss these in particular is that, while finding them plausible and significant, I believe that each raises a worry that Rønnow-Rasmussen fails to address properly. I shall tentatively suggest a possible solution in each case. (shrink)

The paper argues that Toni Rønnow-Rasmussen’s fitting-attitude analysis of ‘good’ and ‘good for’ allows us to interpret and justify Kant’s Formula of Humanity (FH) in a constructive way. His classification of ‘good’ as a non-relational intrinsic final value and ‘good for’ as a relational extrinsic final value sheds light on two main features of FH, namely that it requires us to display a specific attitude to human beings, while also obligating us to recognize this value in the relational dimension. (...) Based on a reflection of what attitudes toward persons are fitting, we might well come to endorse that persons are “ends in themselves” and merit respect and recognition. I then argue (by way of an ethical reading of Kant’s demand to leave the state of nature and move to a rightful civil condition) that we have, in addition to a fitting attitude, deontic normative reasons (not mere pro tanto reasons) for making this very attitude toward persons the principal standard for our relations to others and to ourselves. (shrink)

This is a review of *Necessary Existence* (by Alex Pruss and Josh Rasmussen). The review outlines a response to the main line of argument that is developed in the book.

Rønnow-Rasmussen’s The Value Gap is an extended argument for Value Dualism, the view that both goodness and goodness for are coherent value concepts that are not fully understandable in terms of each other. In the first part of the book, he criticizes attempts to fully understand one type of value in terms of the other. In the second part of the book, he argues that both concepts are value concepts by appealing to a “Fitting Attitude” analysis of value concepts. (...) This book review exposits Rønnow-Rasmussen’s argument for Dualism, and his proposed analysis of both goodness and goodness for. More critically, it briefly defends a strategy for understanding goodness for in terms of goodness and criticizes Rønnow-Rasmussen’s proposed analysis of goodness for. (shrink)

In de jaren vijftig raakte Michel Foucault gefascineerd door de fenomenologische psychologie. Vanaf de jaren zestig echter presenteert hij zichzelf als een ‘structuralist’ die slechts anonieme talige en architectonische structuren wil analyseren en die met nadruk wil afzien van elke interesse in de mens als individu of als subject. De psycholoog in hemzelf wordt als het ware hartstochtelijk verdrongen. Toch is er ook in het geval van Foucault sprake van een onvermijdelijke terugkeer van het verdrongene. Een belangrijk symptoom hiervan vormt (...) zijn opvallend ambivalente houding jegens de psychoanalyse. In zijn werk tekent zich een levenslange polemiek af met Freud, soms expliciet, doorgaans impliciet. Ondanks onmiskenbare sporen van latente bewondering en fascinatie blijft wantrouwen domineren. Steen des aanstoots vormen Freuds Drei Abhandlungen zur Sexualtheorie uit 1905. Volgens Foucault spreekt hieruit een medicalisering van de seksualiteit, die zich uit in medicaliserende technieken zoals het oprakelen en uitspreken van verlangens en de classificatie van ‘normale’ en ‘perverse’ vormen van seksualiteit. (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, 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)

Niels Jørgen Cappelørn, Alastair Hannay, Bruce H Kirmmse, David D Possen, Joel D S Rasmussen, and Vanessa Rumble working with the Princeton University Press and the Søren Kierkegaard Research Center at the University of Copenhagen have produced this huge work with facsimiles etc. The review comments on Kierkegaard's shrewd observations which are applicable today in the New Media World of information skews in a COVID 19 world. Further; Kierkegaard's attack against mediocrity is commented on. This review finds Kierkegaard on (...) St Augustine of Hippo as immature. It is another thing that Kierkegaard's observations and this reviewer's extrapolations from them are not yet part of the New Media Studies's mostly platitude-filled webinars. How long will we go on about Marshall McLuhan? At least let us now learn from that most sharp of ironists: that the Press will be the Press and its mostly about optics. One wonders still how, Kierkegaard misread so much Augustine? Well, no man is an island and Kierkegaard tried to be an anonymous Christian. An impossibility. (shrink)

How does doubt come about? What are the mechanisms responsible for our inclinations to reassess propositions and collect further evidence to support or reject them? In this paper, I approach this question by focusing on what might be considered a distorting mirror of unreasonable doubt, namely the pathological doubt of patients with obsessive–compulsive disorder (OCD). Individuals with OCD exhibit a form of persistent doubting, indecisiveness, and over-cautiousness at pathological levels (Rasmussen and Eisen in Psychiatr Clin 15(4):743–758, 1992; Reed in (...) Obsessional experience and compulsive behaviour: a cognitive-structural approach, Academic Press, Cambridge, 1985; Tolin et al. in Cogn Ther Res 27(6):657–669, 2003). I argue that the failure in OCD is of an affective nature, involving both excessive epistemic anxiety and hyperactive feelings of uncertainty. I further argue that our adaptive disposition to inquire about the right matters—that is, about propositions which are both epistemically risky and imply harmful possibilities—might depend on these affective mechanisms. (shrink)

In a 2020 article in Analysis, Lippert-Rasmussen argues that the moral equality account of the hypocrite’s lack of standing to blame fails. To object to this account, Lippert-Rasmussen considers the contrary of hypocrisy: hypercrisy. In this article, I show that if hypercrisy is a problem for the moral equality account, it is also a problem for Lippert-Rasmussen’s own account of why hypocrites lack standing to blame. I then reflect on the hypocrite’s and hypercrite’s standing to self-blame, which (...) reveals that the challenge hypercrisy poses for accounts of standing is different from the challenge Lippert-Rasmussen articulates. (shrink)

Conditionalists say that the value something has as an end—its final value—may be conditional on its extrinsic features. They support this claim by appealing to examples: Kagan points to Abraham Lincoln’s pen, Rabinowicz and Rønnow-Rasmussen to Lady Diana’s dress, and Korsgaard to a mink coat. They contend that these things may have final value in virtue of their historical or societal roles. These three examples have become familiar: many now merely mention them to establish the conditionalist position. But the (...) widespread faith in such cases is, I believe, unjustified. This is because, surprisingly, the pen, the dress, and the coat cannot have final value. I argue that the problem is internal: these cases are ruled out by every conditionalist account of final value. Further, the problem with these well-known cases applies to most other supposed examples of extrinsic, final goods. Thus nearly all cases given to support the conditionalist view cannot succeed. I suggest a kind of diagnosis: I claim that these examples are best seen as instances of sentimental value, rather than final value. I close by providing a brief account of sentimental value and explain how it relates to instrumental, intrinsic, and final goodness. (shrink)

This paper argues that there are good reasons to limit the scope of luck egalitarianism to co‐existing people. First, I outline reasons to be sceptical about how “luck” works intergenerationally and therefore the very grounding of luck egalitarianism between non‐overlapping generations. Second, I argue that what Kasper Lippert‐Rasmussen calls the “core luck egalitarian claim” allows significant intergenerational inequality which is a problem for those who object to such inequality. Third, luck egalitarianism cannot accommodate the intuition that it might be (...) required to leave future generations better off than we are, even if it would come at no cost to ourselves. Finally, I argue that following another, broader, version of luck egalitarianism would require us to level down future generations and possibly even ourselves, which is a problem for those persuaded by the levelling‐down objection. (shrink)