Some form of assisted dying (voluntary euthanasia and/or assisted suicide) is lawful in the Netherlands, Belgium, Oregon, and Switzerland. In order to be lawful in these jurisdictions, a valid request must precede the provision of assistance to die. Non-adherence to the criteria for valid requests for assisted dying may be a trigger for civil and/or criminal liability, as well as disciplinary sanctions where the assistor is a medical professional. In this article, we review the criteria and evidence in respect (...) of requests for assisted dying in the Netherlands, Belgium, Oregon, and Switzerland, with the aim of establishing whether individuals who receive assisted dying do so on the basis of valid requests. We conclude that the evidence suggests that individuals who receive assisted dying in the four jurisdictions examined do so on the basis of valid requests and third parties who assist death do not act unlawfully. However, further research on the elements that may undermine the validity of requests for assisted dying is warranted. More research on the reasons why requests for assisted dying are refused is also desirable. (shrink)

Commentary on the European Court of Human Rights judgment in Haas v Switzerland.

This article examines the reporting requirements in four jurisdictions in which assisted dying (euthanasia and/or assisted suicide) is legally regulated: the Netherlands, Belgium, Oregon and Switzerland. These jurisdictions were chosen because each had a substantial amount of empirical evidence available. We assess the available empirical evidence on reporting and what it tells us about the effectiveness of such requirements in encouraging reporting. We also look at the nature of requirements on regulatory bodies to refer cases not meeting the legal (...) criteria to either prosecutorial or disciplinary authorities. We assess the evidence available on the outcomes of reported cases, including the rate of referral and the ultimate disposition of referred cases. (shrink)

Special operations forces have become a mainstay of military operations in the twenty-first century, but the journey to reach this point has been neither quick nor painless. Most of the existing literature on SOF history, the theories and principles of its use, SOF’s role in achieving national security objectives, and its strategic utility and disutility, was written from the perspective of major military powers like the United States.1 Although Sweden, Denmark, Norway, and Finland, in particular, have expanded the analysis of (...) SOF from a small state perspective in recent years, their historical investigations remain underdeveloped. 2 This article explores the origins of Switzerland’s special forces to answer the following question: Are there any similarities in the ways that small states and major powers created and developed their SOF? This analysis finds that, despite apparent differences between the SOF of major powers and those of a small state like Switzerland, there are common characteristics in their origins and development that decision-makers should understand to avoid misapplying their forces. (shrink)

Many of the Swiss Cantons have regulated the relations between church and state by establishing, in their public law, corporations at the levels of the municipality and of the canton. The role and the rights of these corporations, especially obligatory membership in them, is the object of ongoing political and legal debate. Both on the side of the courts and of the church, the present system has come under scrutiny, while the corporation representatives and also a majority of the population (...) seem intent on maintaining it. This paper explains and examines the presently valid church-state relations, focusing on the Canton of Zurich, and looks at the suggestions for reform elaborated by an experts’ commission instituted by the Conference of Swiss Bishops. In conclusion, it presents some more general reflections on the challenges to individual and corporative religious freedom today, in Switzerland and beyond. (shrink)

To outline the emerging landscape of sharing economy services in Switzerland, this report synthesizes prior market research and technology assessment studies on collaborative consumption and its role in the Swiss workforce. It offers a bird's-eye view of key stakeholders in contemporary Swiss sharing economy services, as well as the models and tools adopted by these services. It also provides several examples of local sharing economy initiatives and identifies emergent issues in this space. The report concludes with suggestions for further (...) reading and research inquiries. (shrink)

In Switzerland, institutions through which legal knowledge and education are produced have systemi-cally enabled epistemic injustice through forms of silencing and the cultivation of active ignorance along individual and institutional dimensions. As such, we argue that an important form of intervention in the legal education system, which would not only provide instruments to address epistemic injustice, but also better equip lawyers as individuals and as members of a collective, epistemic community, is feminist critical theory. Providing access and engagement with (...) critical legal methodology, throughout legal studies, is integral to the development of epistemic capacities. It would help prevent formation of insensitivities to experiences of injustice and interrupt the perpetuation of silencing and cultivation of active ignorance along individual and institutional dimensions. -/- . (shrink)

Medical assistance in dying, which includes voluntary euthanasia and assisted suicide, is legally permissible in a number of jurisdictions, including the Netherlands, Belgium, Switzerland and Canada. Although medical assistance in dying is most commonly provided for suffering associated with terminal somatic illness, some jurisdictions have also offered it for severe and irremediable psychiatric illness. Meanwhile, recent work in the philosophy of psychiatry has led to a renewed understanding of psychiatric illness that emphasises the role of the relation between the (...) person and the external environment in the constitution of mental disorder. In this paper, I argue that this externalist approach to mental disorder highlights an ethical challenge to the practice of medical assistance in dying for psychiatric illness. At the level of the clinical assessment, externalism draws attention to potential social and environmental interventions that might have otherwise been overlooked by the standard approach to mental disorder, which may confound the judgement that there is no further reasonable alternative that could alleviate the person’s suffering. At the level of the wider society, externalism underscores how social prejudices and structural barriers that contribute to psychiatric illness constrain the affordances available to people and result in them seeking medical assistance in dying when they otherwise might not have had under better social conditions. (shrink)

Foucault’s participation in the 1954 carnival of the mad at an asylum in Switzerland marked the beginning of his critical reflections on the origins of psychology. The event revealed a paradox at the heart of psychology to Foucault, for here was an asylum known for its progressive method and groundbreaking scientific research that was somehow still exhibiting traces of a medieval conception of madness. Using the cultural expression of this carnival as a starting place, this paper goes beyond carnival (...) costumes to uncover the historical structures underneath the discipline of modern psychology. Drawing on Foucault’s earliest works in psychology, his 1954 Mental Illness and Personality, his 1954 “Dream, Existence and Imagination,” his 1957 “Scientific Research and Psychology” and briefly his 1961 History of Madness, I will describe the discrepancy between the theory of modern psychology, which finds its heritage in the methods of modern science, and the practice of modern psychology, which finds its heritage in the classical age. I will argue that this division helps make sense of unexplained psychological phenomena, as seen in general practices related to artistic expression, and individual experiences, as seen in the presence of guilt and the resistance to medical diagnosis in patients. (shrink)

There is a way of talking that would appear to involve ascriptions of purpose, goal directed activity, and intentional states to groups. Cases are familiar enough: classmates intend to vacation in Switzerland, the department is searching for a metaphysician, the Democrats want to minimize losses in the upcoming elections, and the US intends to improve relations with such and such country. But is this talk to be understood just in terms of the attitudes and actions of the individuals involved? (...) Is the talk, to take an overly simple proposal as an example, a mere summary of familiar individual attitudes of the group members? Or is the ascription of attitudes and actions to groups to be taken more literally, as suggesting that the group for example believes that P, or intends to A, over and above what the members individually think and do? In short, are there groups with minds of their own? Philip Pettit has deployed the “discursive dilemma” to defend the thesis that there are such group minds. In what follows, I explore the relationship between the group allegedly with a mind of its own and the individuals it comprises, and I consider just how this relationship must be understood in order to give Pettit’s argument for group minds its best chance for success. As I understand it, the discursive dilemma has to be used in conjunction with what might be called an indispensability argument for group minds. It is useful to distinguish two forms of this argument. The explanatory version of the indispensability argument is, very schematically, as follows: there is a compelling explanatory theory T concerning the social, certain indispensable elements of T entail the group mind thesis, so the group mind thesis is true. Several questions immediately arise: What sort of theory is T? In what sense is it indispensable? Are there other forms of indispensability? I don’t have definitive answers to these questions. But how we settle them will have implications for the interaction and support the discursive dilemma provides the indispensability argument. In particular, using the discursive dilemma to defend what I characterize below as a practical version of the indispensability argument commits us to the rationality of individual participants in a way that the explanatory version of the indispensability argument does not. My point in the first part of the paper is that if Pettit wants to avoid the weaknesses of the explanatory indispensability argument and pursue the practical version, then he owes us a story about the rationality of individual participation in groups. Pettit also owes us a story about the agency an individual exercises as part of a group. If it takes the actions of individuals to execute the intentions of the group, how are we to understand those actions in order for the group to count as having a mind of its own? How must group intentions figure in the practical or deliberative perspective of individuals who execute those intentions? I will argue that the proponent of the group mind thesis must proceed with some care here, because some natural ways of answering these questions will undermine the thesis. But in the end, I think that these questions are interesting independently of whether Pettit is right to think that groups do have minds of their own. That’s because investigating Pettit’s arguments might lead to new ideas about how the rationality and agency of individuals can be exercised, and suggests new ways of understanding how individuals can act together, irrespective of whether the groups they compose ever have minds of their own. (shrink)

Summary We offer a novel historical-philosophical framework for discussing experimental practice which we call ‘Generating Experimental Knowledge’. It combines three different perspectives: experimental systems, concept formation, and the pivotal role of error. We then present an historical account of the invention of the Scanning Tunnelling Microscope (STM), or Raster-Tunnelmikroskop, and interpret it within the proposed framework. We show that at the outset of the STM project, Binnig and Rohrer—the inventors of the machine—filed two patent disclosures; the first is dated 22 (...) December 1978 (Switzerland), and the second, two years later, 12 September 1980 (US). By studying closely these patent disclosures, the attempts to realize them, and the subsequent development of the machine, we present, within the framework of generating experimental knowledge, a new account of the invention of the STM. While the realization of the STM was still a long way off, the patent disclosures served as blueprints, marking the changes that had to be introduced on the way from the initial idea to its realization. (shrink)

Resumen Ésta es la primera traducción al español de las guías “Atención después de la investigación: un marco para los comités de ética de investigación del National Health Service (NHS) (borrador versión 8.0)”. El documento afirma que existe una fuerte obligación moral de garantizar que los participantes enfermos de un estudio clínico hagan una transición después del estudio hacia una atención de la salud apropiada. Con “atención de la salud apropiada” se hace referencia al acceso para los participantes a la (...) atención de la salud, proporcionada principalmente por el National Health Service (en adelante NHS), el sistema de salud del Reino Unido, y/o a la intervención en estudio, también llamada producto o tratamiento en investigación. Las guías “Atención después de la investigación” están dirigidas principalmente a los miembros de los 79 comités de ética de investigación del NHS y a quienes presentan sus estudios de investigación ante estos comités. Se trata de un documento borrador muy avanzado, trabajado en numerosas reuniones, durante más de 3 años, que ha sido discutido por participantes de estudios y miembros de la comunidad, miembros y presidentes de comités de ética de investigación del Reino Unido, especialistas internacionales en ética de la investigación, representantes de la industria y otras partes interesadas. La redacción de las guías es producto de la colaboración de Neema Sofaer y Penney Lewis, ambas investigadoras del King’s College London, en el Centre of Medical Law and Ethics del Dickson Poon School of Law, y Hugh Davies, Asesor en Ética de la Investigación de la Health Research Authority (HRA) del NHS. El traductor del presente documento, Ignacio Mastroleo, participó del workshop en la Fundación Brocher (Ginebra, Suiza, diciembre de 2011) donde se revisó el borrador versión 7.0 y contribuyó en la revisión del borrador de la versión 8.0 durante el 2012. -/- Abstract This is the first Spanish translation of the guidelines “Care after research: a framework for NHS RECs (8th draft)”. The document states that there is a strong moral obligation to ensure that participants in a clinical study who are ill transition after the study to appropriate healthcare. The terms "appropriate healthcare" refer to participants’ access to health care, mainly provided by the National Health Service (NHS), the health system in the UK, and/or to the intervention study also named investigational treatment or product. The guides "Care after research" are mainly directed to members of the 79 NHS committees of research ethics (RECs) and to those who submit their research to these committees. This is a very advanced draft document, worked in several meetings, for more than three years, that has been discussed with study participants and community members, members and chairs of RECs in the UK, international specialists in research ethics, industry representatives and other stakeholders. The drafting of the guidelines is the result of the collaboration of Neema Sofaer and Penney Lewis, both researchers at King's College London, at the Centre of Medical Law and Ethics of Dickson Poon School of Law, and Hugh Davies, Research Ethics Advisor of the Health Research Authority (HRA) of the NHS. The translator of this document, Ignacio Mastroleo, attended the workshop at the Brocher Foundation (Geneva, Switzerland, December 2011) where draft version 7.0 was revised and contributed in the revision of draft version 8.0 during 2012. (shrink)

Jakob Friedrich Fries (1773-1843): A Philosophy of the Exact Sciences -/- Shortened version of the article of the same name in: Tabula Rasa. Jenenser magazine for critical thinking. 6th of November 1994 edition -/- 1. Biography -/- Jakob Friedrich Fries was born on the 23rd of August, 1773 in Barby on the Elbe. Because Fries' father had little time, on account of his journeying, he gave up both his sons, of whom Jakob Friedrich was the elder, to the Herrnhut Teaching (...) Institution in Niesky in 1778. Fries attended the theological seminar in Niesky in autumn 1792, which lasted for three years. There he (secretly) began to study Kant. The reading of Kant's works led Fries, for the first time, to a deep philosophical satisfaction. His enthusiasm for Kant is to be understood against the background that a considerable measure of Kant's philosophy is based on a firm foundation of what happens in an analogous and similar manner in mathematics. -/- During this period he also read Heinrich Jacobi's novels, as well as works of the awakening classic German literature; in particular Friedrich Schiller's works. In 1795, Fries arrived at Leipzig University to study law. During his time in Leipzig he became acquainted with Fichte's philosophy. In autumn of the same year he moved to Jena to hear Fichte at first hand, but was soon disappointed. -/- During his first sojourn in Jenaer (1796), Fries got to know the chemist A. N. Scherer who was very influenced by the work of the chemist A. L. Lavoisier. Fries discovered, at Scherer's suggestion, the law of stoichiometric composition. Because he felt that his work still need some time before completion, he withdrew as a private tutor to Zofingen (in Switzerland). There Fries worked on his main critical work, and studied Newton's "Philosophiae naturalis principia mathematica". He remained a lifelong admirer of Newton, whom he praised as a perfectionist of astronomy. Fries saw the final aim of his mathematical natural philosophy in the union of Newton's Principia with Kant's philosophy. -/- With the aim of qualifying as a lecturer, he returned to Jena in 1800. Now Fries was known from his independent writings, such as "Reinhold, Fichte and Schelling" (1st edition in 1803), and "Systems of Philosophy as an Evident Science" (1804). The relationship between G. W. F. Hegel and Fries did not develop favourably. Hegel speaks of "the leader of the superficial army", and at other places he expresses: "he is an extremely narrow-minded bragger". On the other hand, Fries also has an unfavourable take on Hegel. He writes of the "Redundancy of the Hegelistic dialectic" (1828). In his History of Philosophy (1837/40) he writes of Hegel, amongst other things: "Your way of philosophising seems just to give expression to nonsense in the shortest possible way". In this work, Fries appears to argue with Hegel in an objective manner, and expresses a positive attitude to his work. -/- In 1805, Fries was appointed professor for philosophy in Heidelberg. In his time spent in Heidelberg, he married Caroline Erdmann. He also sealed his friendships with W. M. L. de Wette and F. H. Jacobi. Jacobi was amongst the contemporaries who most impressed Fries during this period. In Heidelberg, Fries wrote, amongst other things, his three-volume main work New Critique of Reason (1807). -/- In 1816 Fries returned to Jena. When in 1817 the Wartburg festival took place, Fries was among the guests, and made a small speech. 1819 was the so-called "Great Year" for Fries: His wife Caroline died, and Karl Sand, a member of a student fraternity, and one of Fries' former students stabbed the author August von Kotzebue to death. Fries was punished with a philosophy teaching ban but still received a professorship for physics and mathematics. Only after a period of years, and under restrictions, he was again allowed to read philosophy. From now on, Fries was excluded from political influence. The rest of his life he devoted himself once again to philosophical and natural studies. During this period, he wrote "Mathematical Natural Philosophy" (1822) and the "History of Philosophy" (1837/40). -/- Fries suffered from a stroke on New Year's Day 1843, and a second stroke, on the 10th of August 1843 ended his life. -/- 2. Fries' Work Fries left an extensive body of work. A look at the subject areas he worked on makes us aware of the universality of his thinking. Amongst these subjects are: Psychic anthropology, psychology, pure philosophy, logic, metaphysics, ethics, politics, religious philosophy, aesthetics, natural philosophy, mathematics, physics and medical subjects, to which, e.g., the text "Regarding the optical centre in the eye together with general remarks about the theory of seeing" (1839) bear witness. With popular philosophical writings like the novel "Julius and Evagoras" (1822), or the arabesque "Longing, and a Trip to the Middle of Nowhere" (1820), he tried to make his philosophy accessible to a broader public. Anthropological considerations are shown in the methodical basis of his philosophy, and to this end, he provides the following didactic instruction for the study of his work: "If somebody wishes to study philosophy on the basis of this guide, I would recommend that after studying natural philosophy, a strict study of logic should follow in order to peruse metaphysics and its applied teachings more rapidly, followed by a strict study of criticism, followed once again by a return to an even closer study of metaphysics and its applied teachings." -/- 3. Continuation of Fries' work through the Friesian School -/- Fries' ideas found general acceptance amongst scientists and mathematicians. A large part of the followers of the "Fries School of Thought" had a scientific or mathematical background. Amongst them were biologist Matthias Jakob Schleiden, mathematics and science specialist philosopher Ernst Friedrich Apelt, the zoologist Oscar Schmidt, and the mathematician Oscar Xavier Schlömilch. Between the years 1847 and 1849, the treatises of the "Fries School of Thought", with which the publishers aimed to pursue philosophy according to the model of the natural sciences appeared. In the Kant-Fries philosophy, they saw the realisation of this ideal. The history of the "New Fries School of Thought" began in 1903. It was in this year that the philosopher Leonard Nelson gathered together a small discussion circle in Goettingen. Amongst the founding members of this circle were: A. Rüstow, C. Brinkmann and H. Goesch. In 1904 L. Nelson, A. Rüstow, H. Goesch and the student W. Mecklenburg travelled to Thuringia to find the missing Fries writings. In the same year, G. Hessenberg, K. Kaiser and Nelson published the first pamphlet from their first volume of the "Treatises of the Fries School of Thought, New Edition". -/- The school set out with the aim of searching for the missing Fries' texts, and re-publishing them with a view to re-opening discussion of Fries' brand of philosophy. The members of the circle met regularly for discussions. Additionally, larger conferences took place, mostly during the holidays. Featuring as speakers were: Otto Apelt, Otto Berg, Paul Bernays, G. Fraenkel, K. Grelling, G. Hessenberg, A. Kronfeld, O. Meyerhof, L. Nelson and R. Otto. On the 1st of March 1913, the Jakob-Friedrich-Fries society was founded. Whilst the Fries' school of thought dealt in continuum with the advancement of the Kant-Fries philosophy, the members of the Jakob-Friedrich-Fries society's main task was the dissemination of the Fries' school publications. In May/June, 1914, the organisations took part in their last common conference before the gulf created by the outbreak of the First World War. Several members died during the war. Others returned disabled. The next conference took place in 1919. A second conference followed in 1921. Nevertheless, such intensive work as had been undertaken between 1903 and 1914 was no longer possible. -/- Leonard Nelson died in October 1927. In the 1930's, the 6th and final volume of "Treatises of the Fries School of Thought, New Edition" was published. Franz Oppenheimer, Otto Meyerhof, Minna Specht and Grete Hermann were involved in their publication. -/- 4. About Mathematical Natural Philosophy -/- In 1822, Fries' "Mathematical Natural Philosophy" appeared. Fries rejects the speculative natural philosophy of his time - above all Schelling's natural philosophy. A natural study, founded on speculative philosophy, ceases with its collection, arrangement and order of well-known facts. Only a mathematical natural philosophy can deliver the necessary explanatory reasoning. The basic dictum of his mathematical natural philosophy is: "All natural theories must be definable using purely mathematically determinable reasons of explanation." Fries is of the opinion that science can attain completeness only by the subordination of the empirical facts to the metaphysical categories and mathematical laws. -/- The crux of Fries' natural philosophy is the thought that mathematics must be made fertile for use by the natural sciences. However, pure mathematics displays solely empty abstraction. To be able to apply them to the sensory world, an intermediatory connection is required. Mathematics must be connected to metaphysics. The pure mechanics, consisting of three parts are these: a) A study of geometrical movement, which considers solely the direction of the movement, b) A study of kinematics, which considers velocity in Addition, c) A study of dynamic movement, which also incorporates mass and power, as well as direction and velocity. -/- Of great interest is Fries' natural philosophy in view of its methodology, particularly with regard to the doctrine "leading maxims". Fries calls these "leading maxims" "heuristic", "because they are principal rules for scientific invention". -/- Fries' philosophy found great recognition with Carl Friedrich Gauss, amongst others. Fries asked for Gauss's opinion on his work "An Attempt at a Criticism based on the Principles of the Probability Calculus" (1842). Gauss also provided his opinions on "Mathematical Natural Philosophy" (1822) and on Fries' "History of Philosophy". Gauss acknowledged Fries' philosophy and wrote in a letter to Fries: "I have always had a great predilection for philosophical speculation, and now I am all the more happy to have a reliable teacher in you in the study of the destinies of science, from the most ancient up to the latest times, as I have not always found the desired satisfaction in my own reading of the writings of some of the philosophers. In particular, the writings of several famous (maybe better, so-called famous) philosophers who have appeared since Kant have reminded me of the sieve of a goat-milker, or to use a modern image instead of an old-fashioned one, of Münchhausen's plait, with which he pulled himself from out of the water. These amateurs would not dare make such a confession before their Masters; it would not happen were they were to consider the case upon its merits. I have often regretted not living in your locality, so as to be able to glean much pleasurable entertainment from philosophical verbal discourse." -/- The starting point of the new adoption of Fries was Nelson's article "The critical method and the relation of psychology to philosophy" (1904). Nelson dedicates special attention to Fries' re-interpretation of Kant's deduction concept. Fries awards Kant's criticism the rationale of anthropological idiom, in that he is guided by the idea that one can examine in a psychological way which knowledge we have "a priori", and how this is created, so that we can therefore recognise our own knowledge "a priori" in an empirical way. Fries understands deduction to mean an "awareness residing darkly in us is, and only open to basic metaphysical principles through conscious reflection.". -/- Nelson has pointed to an analogy between Fries' deduction and modern metamathematics. In the same manner, as with the anthropological deduction of the content of the critical investigation into the metaphysical object show, the content of mathematics become, in David Hilbert's view, the object of metamathematics. -/-. (shrink)

In this paper, we aim to complement and extend Cécile Laborde’s argument against the Swiss minaret ban, which emphasizes the exclusion of Muslim citizens from equal national belonging. We argue that if we take seriously the normativity that is embedded in the Swiss direct democratic context (Carens 2004), especially in its ability to determine the substance of national belonging, then the symbolic exclusion of Muslims from political belonging is more relevant than the former with regard to democratic justice. Section 1 (...) defines basic notions and presents some arguments that were circulated in Swiss public political debate during the referendum campaign. Section 2 will present extant arguments in normative political philosophy about the ban. Section 3 expands our argument, which can be summarized as follows: the double absence of recognition of Muslims as (i) equal autonomous subjects and (ii) as political agents calls into question the legitimacy of the direct democratic process that led to the ban, making it unjust by the standards implicit within democratic practices in Switzerland. (shrink)

For this study, we will present the most important ecumenical activities of Patriarch Justinian Marina. He was the third Patriarch of the Romanian Orthodox Church between 1948 and 1977. During this period, he was very concerned to establish a relationship with the main ecumenical institutions. We will speak about his dialogue with one of the most important ecumenical group, namely the World Council of Churches, founded in 1948 in Geneva, Switzerland. Of course, the dialogue with the Church of England (...) must to be mentioned. His ecumenical activity was very important for the Orthodox Church, Patriarch Justinian being one of the most important Church leaders who tried and succeeded to be in contact with different religious leaders from Romania and abroad. We do not have to forget that during his time the communist regime ruled our country. In the first part, we will give different historical information about his ecumenical activity and in the second part we will explore his theological thinking about the ecumenical dialogue and movement. (shrink)

The article is the revised version of an inaugural lecture given at the University of Lucerne on 8 November 2001. In part (I), I give an interpretation of the first sentence of the Aristotelian Metaphysics: ‘All men desire by nature to know’. In part (II), I show how, for Aristotle, this desire to know constitutes a continuum from knowledge given by sense perception to knowledge of the first principles. In part (III), I compare this Aristotelian conception to Plato’s more ‘existentialist’ (...) approach which implies the turning of a ‘whole soul’ rather than a continuum. Preferring the latter concep- tion, I conclude with some hints of what I plan to do in the next years and give a short overview of the history of universities in Europe and Switzerland, ending with the University of Lucerne. (shrink)

Editorial Office MDPI St. Alban-Anlage 66 4052 Basel, Switzerland This is a reprint of articles from the Special Issue published online in the open access journal Journal of Risk and Financial Management (ISSN 1911-8074: SI Entrepreneurial Finance).

Can music be considered a language of the emotions? The most common view today is that this is nothing but a Romantic cliché. Mainstream philosophy seems to view the claim that 'Music is the language of the emotions' as a slogan that was once vaguely defended by Rousseau, Goethe, or Kant, but that cannot be understood literally when one takes into consideration last century’s theories of language, such as Chomsky's on syntax or Tarski's on semantics (Scruton 1997: ch. 7, see (...) also Davies 2003: ch. 8, and Kania 2012). In this chapter, I will show why this common view is unwarranted, and thus go against nowadays philosophical mainstream by defending what I call the musicalanguage hypothesis. In Section 1, I will introduce the musicalanguage hypothesis and present, based on empirical evidence, some of the many similarities between language and music and explain why we should take them seriously. I will introduce a framework that aims to explain the communicative power of music using what we already know about linguistic communication (1.1). I will then outline several working hypotheses about musical grammar, musical meaning, and affective meaning (1.2), and thus defend that music is indeed very close to literally be a language of the emotions. In Section 2, I will detail some of the methodology, expectations, and preliminary results of a cross-cultural study on musical grammar that I am presently conducting between South India (Chennai) and Switzerland (Geneva and Lausanne)4. This empirical study focuses on two musical idioms and their grammatical features: Western classical music of the Common Period (ca. 1600-1900) and South Indian classical music (also know as Carnatic music). The main hypothesis of this study is that you need to master the grammar of a musical idiom in order to properly understand its musical meanings. (shrink)

Martin Heidegger (1889–1976) is one of the most influential philosophers of the twentieth century. His influence, however, extends beyond philosophy. His account of Dasein, or human existence, permeates the human and social sciences, including nursing, psychiatry, psychology, sociology, anthropology, and artificial intelligence. In this chapter, I outline Heidegger’s influence on psychiatry and psychology, focusing especially on his relationships with the Swiss psychiatrists Ludwig Binswanger and Medard Boss. The first section outlines Heidegger’s early life and work, up to and including the (...) publication of Being and Time, in which he develops his famous concept of being-in-the-world. The second section focuses on Heidegger’s initial influence on psychiatry via Binswanger’s founding of Daseinsanalysis, a Heideggerian approach to psychopathology and psychotherapy. The third section turns to Heidegger’s relationship with Boss, including Heidegger’s rejection of Binswanger’s Daseinsanalysis and his lectures at Boss’s home in Zollikon, Switzerland. (shrink)

Press release. -/- The ebook entitled, Einstein’s Revolution: A Study of Theory-Unification, gives students of physics and philosophy, and general readers, an epistemological insight into the genesis of Einstein’s special relativity and its further unification with other theories, that ended well by the construction of general relativity. The book was developed by Rinat Nugayev who graduated from Kazan State University relativity department and got his M.Sci at Moscow State University department of philosophy of science and Ph.D at Moscow Institute of (...) Philosophy, Russian Academy of Science. He has forty years of philosophy of science and relativistic astrophysics teaching and research experience evincing in more than 200 papers in the scientific journals of Russia, Ukraine, Belorussia, USA, Great Britain, Germany, Spain, Italy, Sweden, Switzerland, Netherlands, Canada, Denmark, Poland, Romania, France, Greece, Japan and some other countries, and 8 monographs. Revolutions in physics all embody theoretical unification. Hence the overall aim of the present book is to unfold Einstein’s unificationist modus operandi, the hallmarks of actual Einstein’s methodology of unification that engendered his 1905 special relativity, as well as his 1915 general relativity. To achieve the object, a lucid epistemic model is exposed aimed at an analysis of the reasons for mature theory change in science (chapter1). According to the model, scientific revolutions were not due to fanciful creation of new ideas ‘ex nihilo’, but rather to the long-term processes of the reconciliation, interpenetration and intertwinement of ‘old’ research traditions preceding such breaks .Accordingly, origins of scientific revolutions lie not in a clash of fundamental theories with facts, but of “old” mature research traditions with each other, leading to contradictions that can only be attenuated in a more general theoretical approach. In chapter 2 it is contended that Einstein’s ingenious approach to special relativity creation, substantially distinguishing him from Lorentz’s and Poincaré’s invaluable impacts, turns to be a milestone of maxwellian electrodynamics, statistical mechanics and thermodynamics reconciliation design. Special relativity turns out to be grounded on Einstein’s breakthrough 1905 light quantum hypothesis. Eventually the author amends the received view on the general relativity genesis by stressing that the main reason for Einstein’s victory over the rival programmes of Abraham and Nordström was a unificationist character of Einstein’s research programme (chapter 3). Rinat M. Nugayev, Ph.D, professor of Volga Region Academy, Kazan, the Republic of Tatarstan, the Russian Federation. (shrink)

The state of national economies development varies and is characterized by many indicators. Economically developed countries are known as doubtless leaders that are in progress and form political stability, social and economics standards, scientific and technical progress and determine future priorities. It is worth mentioning that the progressive development of national economies in conditions of globalization can take place only in case of the increase of their intellectualization level, through saturation of people`s life, economic relations and production by brain activity, (...) knowledge, creativity, innovation, culture, ethical considering of the historical heritage. The main aim of the research is national economies intellectualization evaluating in globalization conditions. In order to gain this aim, the following tasks were defined: to identify existing indices of the national economies intellectualization level evaluation, develop the authors’ methodological approach to the national economies intellectualization level, determine the areas of measurement results application. While conducting the research, systematic approach, the methods of analysis, synthesis, grouping, abstracting, generalization, imaginary experiment and grounding were used. In the modern world, there are a large number of indicators which characterize differences in intellectual state of the national economy. When comparing the state of national economies intellectualization, the problems arise with different number of countries, duplication of indicators, disproportionate number of the components of indicators, various years of publication, etc. Therefore, to ensure comparability, we choose four general indicators – the index of human development, the global innovation index, the global competitiveness index and the knowledge economy index. Using these indices, we do the research and determine the state of national economies intellectualization in the world economy. According to the calculated results, as of 2013, we have divided 190 national economies by level of intellectualization into five groups: countries with the highest (30 countries), high (30 (countries), low (30 countries), the lowest (35 countries) and the countries with uncertain state of intellectualization (65 countries). The leaders in the state of intellectualization are Switzerland, Sweden, The Netherlands, Finland and the USA. The countries with the highest level of intellectualization serve as an example to all other countries of the world. These countries are characterized by developed market economy; a dominant position in the international economy, which allows actively engaging own and imported resources in the economic turnover; the shift of the center of gravity of economic activity into the services sector and the dominance of service economy; the greatest exhaustion of sources and factors of industrial development; advanced post-industrial development. The economic policy of the first group of countries has a decisive influence on the state and dynamics of the global economy, defining the main directions of its scientific and technological development and structural adjustment. The average index of the national economy intellectualization (AINEI), calculated by the authors, shows the place of each country in the world community as to their intellectual capital. Considering the continued deployment of R&D progress, the growing role of high-tech production and the complexity of social and economic relations, AINEI can serve as a reliable indicator of the macroeconomic environment intellectualization state. Therefore, the following organizations, bodies and individuals can use the comparative results of this study: the international organizations while developing international economic development programs; the state authorities of the countries in foreign and domestic policy forming; companies that create innovative and investment policy; migrants, tourists and persons who perform professional and transit activity for the formation of human potential and capital; scientists and teachers who develop mechanisms of intellectualization. (shrink)

The article deals with a new financial tool of attracting capital, known as Initial Coin Offering (ICO). In conditions of reduced banking lending and difficult access to finance for SMEs, ICO is viewed to be one of the possible ways to access capital. It considers the main advantages and disadvantages of ICO performance, including its typical features, challenges and regulatory approaches to tax regulation, cybersecurity. The authors of the article determine stages of the ICO mechanism, identifying potential risks and ways (...) to mitigate them, focusing primarily on the need to control and regulate ICO projects. The authors identify the main types of ICO funding, including hybrid and pure funding. The research contains an analysis of ICO trends and their duration for the period of 2013-2017. The capital raised through ICO performance over the period of 2013-2017 is analysed, and determination of the exponential trend line showing the level of its approximation is determined. The study covers the territorial distribution of ICO, in which the top positions regarding the amount of capital raised by ICO are attributed to the USA and EU member states. The existence of ICO regulation in European countries, such as Switzerland and UK, was defined positive in terms of further development of the relevant regulation in the financial market. The article considers the best ICO practices in EU member states. To mitigate risks relating to ICO performance and to increase the level of investment, it would be reasonable to create regulatory rules in every country where cases of ICO performance are reported, based on the practice of the mentioned European countries. The authors give recommendations regarding ICO regulation in Ukraine, taking into consideration the relevant European experience. (shrink)

The main assumption and conclusion of this book is summarized by Nietzsche’s thought and his single sentence (Motto): "The tragic era for Europe: due to the struggle with nihilism. (Das tragische Zeitalter für Europa: bedingt durch den Kampf mit dem Nihilismus). " eKGWB/NF-1886, 7 [31]. I have translated the entire group of notes that start with a note giving Nietzsche’s location “Lenzer Heide” (Graubünden, Switzerland) dated June 10, 1887 (Lenzer Heide den 10. Juni 1887). From the first note, eKGWB/NF-1886. (...) 5 [71] and then subsection ending at the final note: eKGWB/NF-1886. 5 [110]. Also in this publication, Friedrich Nietzsche. Sämtliche Werke Kritische Studienausgabe in 15 Bänden (KSA). Volume information, KSA 12. Nachgelassene Fragmente 1885-1887, (1967). Section or notebook, five. 5 = NVÜ3. Sommer 1886—Herbst 1887. The Lenzer Heide subsection is from 5 [71] and goes to section 5 [110]. Pages for this subsection are p. 211-229 (KSA 12). The editor sometimes use letter spacing as way to emphasis what Nietzsche wrote, for example, “N i h i l i s m u s”; for the word ‘Nihilismus’. Over 190+ Nietzsche’s notes are translated in this text. Additional materials from his published writing are also included in the topics discussed. The general background is the context of Martin Heidegger’s Nietzsche interpretations. Principle conclusion: all of Nietzsche’s philosophical thought can be seen as his response to the urgent crisis of Nihilism. Countermovement to Nihilism. Additional topics and many more translations covering: the eternal return of the same, Will to Power, B. Spinoza (1632-1677), concept of meaninglessness, Nihilism and Nietzsche Thought, Stages or the outline of Nihilism, Chronological Nietzsche’s Thoughts on Nihilism, and Nietzsche on the Nihilist. Other topics covered are: Nietzsche Contra Metaphysics: Rejection of ontology and Being Rejection of God Rejection of metaphysicians Rejection of the idea of eternal Rejection of supersensuous Rejection of Platonism Rejection of the dignity of humanity (metaphysicians) Rejection of eternal values Rejection of immorality Possible Metaphysical Claims for the idea of Will-to-Power, Connection of Will to Power and Amor Fati, Anti-metaphysical and perspectivism, Nietzsche's Metahistory of philosophy, and Bibliographic sources. (shrink)

The article provides a critical assessment of The Central Bank of the Russian Federation policy in response to the sanctions of the US, the EU, the UK, Switzerland, Japan, South Korea and a number of other countries. The effect of sanctions on the Russian economy and its financial market is viewed through the prism of credit, interest rate, and currency risk, and the risk of a decline in business activity. Special attention is paid to the inflationary component and inflationary (...) expectations of the Russian Federation, as well as to the forecasts for a decline in business activity in Russia. A critical assessment is given to the actions of the Central Bank of the Russian Federation and the economic bloc of the government of the Russian Federation as a whole in response to the sanctions of the civilized world, which disable the normal existence of the economy and the main purpose of which is not to destroy the economy of the Russian Federation but to ensure the end of hostilities on the European continent. The results of our study will be useful to everyone who studies the problems of the effect of economic sanctions on the resource-based economy and the processes of stimulating political decisions by economic methods. (shrink)

The evaluation of universities from different perspectives is important for their scientific development. Analyzing the scientific papers of a university under the bibliometric approach is one main evaluative approach. The aim of this study was to conduct a bibliometric analysis and visualization of papers published by Hamadan University of Medical Science (HUMS), Iran, during 1992-2018. This study used bibliometric and visualization techniques. Scopus database was used for data collection. 3753 papers were retrieved by applying Affiliation Search in Scopus advanced search (...) section. Excel and VOSviewer software packages were used for data analysis and bibliometric indicator extraction. An increasing trend was seen in the numbers of HUMS's published papers and received citations. The highest rate of collaboration in national level was with Tehran University of Medical Sciences. Internationally, HUMS's researchers had the highest collaboration with the authors from the United States, the United Kingdom and Switzerland, respectively. All highly-cited papers were published in high level Q1 journals. Term clustering demonstrated four main clusters: epidemiological studies, laboratory studies, pharmacological studies, and microbiological studies. The results of this study can be beneficial to the policy-makers of this university. In addition, researchers and bibliometricians can use this study as a pattern for studying and visualizing the bibliometric indicators of other universities and research institutions. (shrink)

Evidence from jurisdictions that allow assisted dying is frequently used in the debate about assisted dying in the UK, since it provides important information about how assisted suicide and voluntary euthanasia work in practice. However, in order to interpret these data meaningfully, it is essential that they are understood in the context of the different legal and regulatory frameworks in operation in these countries. -/- The Commission on Assisted Dying has commissioned this expert briefing paper in order to help unpick (...) these complexities, and identify evidence for the effectiveness of the various legal safeguards that have been employed in jurisdictions that allow assisted dying. In the briefing paper the authors identify and explain the features of the legal regimes that regulate assisted dying in four target jurisdictions: the Netherlands, Belgium, Oregon and Switzerland. -/- They explore the evidence for the effectiveness of individual safeguards in each of these regimes in turn. Then they evaluate the evidence for the effectiveness of each safeguard, drawing on a detailed examination of the evidence, and, where possible, make recommendations on how these regimes could implement and regulate assisted dying more effectively. (shrink)

Many people go outdoors in winter for skiing, snowboarding, sledding, snowmobiling and some other activities that all fall within the realm of winter tourism. Winter tourism is a source of both personal and public health, and thus a source of prosperous living. Along with that, it is a conspicuous economic phenomenon that generates millions of dollars in annual revenue for stakeholders. Hence, this type of tourism is of top importance, and thus one of the main concerns to many snowy destinations (...) with high altitudes such as those in Austria, Switzerland, Germany, Italy, and Turkey. Stakeholders such as entrepreneurs, business professionals, state incumbents, and tourism, leisure, and sports scholars should benefit from both precedent and unprecedented principles and practices to cultivate the industry, and they should constantly seek to improve the winter tourism experience. Therefore, it is aimed to drive implications from the success of a cult winter tourism location MooserWirt in Sankt Anton herein by depending on a web-based examination. MooserWirt is an après-ski bar located in a world-famous village and ski resort called St Anton at the Arlberg Massif in Austria. The bar is open in winter seasons starting from early December to the end of April. It serves daily between 11 a.m. and 8 p.m. up to three thousand people. The bar team starts serving food and beverage at 11 a.m. Then at 3:30 p.m., the bar’s magnate –DJ starts his ritual music party that captivates and amuses hundreds if not thousands of ski-goers. MooserWirt is regarded as one of the best après ski lodges throughout the world. Many people would ask for the principles of such a success. By depending on a web-based examination of the case, we can respond to that kind of a call with a few generic implications. First of all, one of the main features that makes the bar special seems to be its music parties. People mostly comment that the bar has a music mogul –DJ, and enjoyable mixtures of music that charm the audience. Furthermore, the bar has heretofore hosted the prominent TV show known as Après Ski Hits featuring various famed singers and bands on outdoor stage performance many times to commence the season. Secondly, many people acknowledge that the bar has an eye-catching menu with delightful foods and beverages of local ingredients with a reasonable tariff. Third, we deduce that the bar serves with an agile and friendly team that satisfies the customers in general. Various people appreciate the performance of the staff. Last but not least, the bar has an elegant architectural design with a comfortable ambiance enclosed by a typical winter landscape. Overall, MooserWirt is a quality locale as it commonly meets the expectations of skiers of an après-ski lodge. In conclusion, MooserWirt has been seemingly building up a tradition through quality over the decades. It is distinctive through product differentiation. It serves with dedicated personnel adhering to quality service that generates customer satisfaction, and it uses a powerful marketing strategy that leads to having worldwide visibility and being a mind-anchored brand with preeminence. (shrink)

For this study, we will present the most important ecumenical activities of Patriarch Justinian Marina. He was the third Patriarch of the Romanian Orthodox Church between 1948 and 1977. During this period, he was very concerned to establish a relationship with the main ecumenical institutions. We will speak about his dialogue with one of the most important ecumenical group, namely the World Council of Churches, founded in 1948 in Geneva, Switzerland. Of course, the dialogue with the Church of England (...) must to be mentioned. His ecumenical activity was very important for the Orthodox Church, Patriarch Justinian being one of the most important Church leaders who tried and succeeded to be in contact with different religious leaders from Romania and abroad. We do not have to forget that during his time the communist regime ruled our country. In the first part, we will give different historical information about his ecumenical activity and in the second part we will explore his theological thinking about the ecumenical dialogue and movement. (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)

Ernesto Genoni (1885-1975) pioneered biodynamic agriculture in Australia. In 1928 he was the first of (ultimately) twelve Australians to join Rudolf Steiner’s Experimental Circle of Anthroposophical Farmers and Gardeners (ECAFG) which was based at the Goetheanum, Dornach, Switzerland. Ernesto trained as an artist for five years at Milan’s prestigious Brera Academy. He visited his brothers in Australia, broad-acre immigrant farmers in Western Australia, in 1912 and 1914 and during these visits he worked on their, and other’s, farms. In 1916 (...) he enlisted in the Australian Imperial Force (AIF) and served as a stretcher bearer on the battlefields of the Somme, France, before being conscripted into the Italian Army and serving jail-time in Italy as a draft resister and conscientious objector. Ernesto joined the Anthroposophical Society in Milan in 1919. He first met Rudolf Steiner in 1920 at the Goetheanum, the Anthroposophy headquarters in Switzerland. Ernesto left the Goetheanum in 1924 when Steiner retired from public life. He migrated to Australia in 1926 with aspirations for establishing a career as an artist in Australia. Instead, having arrived in Australia, he was again drawn into farm management and agricultural work. Ernesto was a champion for biodynamic agriculture, Anthroposophy, and the Austrian New Age philosopher, Rudolf Steiner - causes to which he devoted the rest of his life. In 1928 he initiated the first Anthroposophy meetings in Melbourne. In 1930 Ernesto made a grand tour of biodynamic enterprises in Europe and met the leading biodynamics advocates and practitioners of the day in Germany, Switzerland and England, including Ehrenfried Pfeiffer, Erika Riese, Ernst Stegemann, and Carl Mirbt. In 1935 Ernesto and his partner, Ileen Macpherson, who was also an anthroposophist and a member of the ECAFG, began their biodynamic farm called Demeter Biological Farm in Dandenong, Victoria. Ernesto was a founder of the Anthroposophical Society Victoria Michael Group in 1932, and he became its leader in 1962. (shrink)

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

The main assumption and conclusion of this book is summarized by Nietzsche’s thought and his single sentence (Motto): "The tragic era for Europe: due to the struggle with nihilism. (Das tragische Zeitalter für Europa: bedingt durch den Kampf mit dem Nihilismus). " eKGWB/NF-1886, 7 [31]. I have translated the entire group of notes that start with a note giving Nietzsche’s location “Lenzer Heide” (Graubünden, Switzerland) dated June 10, 1887 (Lenzer Heide den 10. Juni 1887). From the first note, eKGWB/NF-1886. (...) 5 [71] and then subsection ending at the final note: eKGWB/NF-1886. 5 [110]. Also in this publication, Friedrich Nietzsche. Sämtliche Werke Kritische Studienausgabe in 15 Bänden (KSA). Volume information, KSA 12. Nachgelassene Fragmente 1885-1887, (1967). Section or notebook, five. 5 = NVÜ3. Sommer 1886—Herbst 1887. The Lenzer Heide subsection is from 5 [71] and goes to section 5 [110]. Pages for this subsection are p. 211-229 (KSA 12). The editor sometimes use letter spacing as way to emphasis what Nietzsche wrote, for example, “N i h i l i s m u s”; for the word ‘Nihilismus’. Over 190+ Nietzsche’s notes are translated in this text. Additional materials from his published writing are also included in the topics discussed. The general background is the context of Martin Heidegger’s Nietzsche interpretations. Principle conclusion: all of Nietzsche’s philosophical thought can be seen as his response to the urgent crisis of Nihilism. Countermovement to Nihilism. Additional topics and many more translations covering: the eternal return of the same, Will to Power, B. Spinoza (1632-1677), concept of meaninglessness, Nihilism and Nietzsche Thought, Stages or the outline of Nihilism, Chronological Nietzsche’s Thoughts on Nihilism, and Nietzsche on the Nihilist. Other topics covered are: Nietzsche Contra Metaphysics: Rejection of ontology and Being Rejection of God Rejection of metaphysicians Rejection of the idea of eternal Rejection of supersensuous Rejection of Platonism Rejection of the dignity of humanity (metaphysicians) Rejection of eternal values Rejection of immorality Possible Metaphysical Claims for the idea of Will-to-Power, Connection of Will to Power and Amor Fati, Anti-metaphysical and perspectivism, Nietzsche's Metahistory of philosophy, and Bibliographic sources. (shrink)

This brilliant and challenging book provides an overview and defence of 'luck egalitarianism', one that helpfully connects debates on luck egalitarianism to debates on what aspects of our lives egalitarians should try equalise (the 'equality of what?' debate/the debate on the 'metric' of equality) and on what respect, if any, it makes sense to see each other as equals. The book illuminates different conceptions of luck, as found in the philosophical literature, clarifies the difference between telic and deontic equality, and (...) explains the 'levelling down' problem and the way that this affects luck egalitarians, and egalitarians more generally. For these reasons, the book provides a handy introduction to a range of philosophical debates about equality amongst analytic philosophers, whether or not one is particularly interested in luck egalitarianism. However, this is not an easy book to read, and while it is advertised as suitable for advanced undergraduates, I find it hard to imagine using it in any undergraduate course I have taught in the United States, England, France or Switzerland. But this is definitely a book that masters and doctoral students should be able to read by themselves and that will be helpful for teachers preparing classes on luck egalitarianism or on equality more generally. (shrink)

The New Age philosopher, Rudolf Steiner (1861-1925), was the most prolific and arguably the most influential philosopher of his era. He assembled a substantial library, of approximately 9,000 items, which has been preserved intact since his death. Most of Rudolf Steiner’s books are in German, his native language however there are books in other languages, including English, French, Italian, Swedish, Sanskrit and Latin. There are more books in English than in any other foreign language. Steiner esteemed English as “a universal (...) world language”. The present paper identifies 327 books in English in Rudolf Steiner’s personal library. Fifty percent of the English-language books identified are on Theosophy (n=164). Rudolf Steiner was the General Secretary of the German branch of the Theosophy Society from 1902, and he hived off his own Anthroposophy Society in 1912. The present study reveals that Steiner maintained his interest in Theosophy throughout his life as he stayed up to date with the proliferating portfolio of Theosophy publications. The publication dates of Steiner’s Theosophy collection range from 1877 to 1923. The leading exponents of Theosophy in his day are well represented in Steiner’s collection, including Annie Besant (n=61), Charles Leadbeater (n=13), William Westcott (n=13) and Helena Blavatsky (n=10). Of the other 50% of the Anglo-books identified, 20% are in the category of Religion (n=67), 10% are Social Science (n=33), 6% are Philosophy (n=21), 4% are Science (n=13), and 3% each are Anthroposophy (n=11), History (n=9) and Arts (n=9). The publication dates of Steiner’s Anglo-books span the period 1659 to 1925. This demonstrates that Steiner was acquiring Anglo-books right to the end of his life. The Steiner library throws light on the development of the thoughts of this remarkable individual and the present paper reveals Steiner’s engagement throughout his life with the world of Anglo-publishing and thought. (shrink)

Book review of : Boccaletti (Dino), The Waters Above the Firmament : An Exemplary Case of Faith-Reason Conflict. – Cham : Springer Nature Switzerland, 2020. – xi, 121 p. – 1 vol. relié de 18 × 24 cm. – 79,49 €. – isbn 978-3-030-44167-8.

News about personal data breaches or data abusive practices, such as Cambridge Analytica, has questioned the trustworthiness of certain actors in the control of personal data. Innovations in the field of personal information management systems to address this issue have regained traction in recent years, also coinciding with the emergence of new decentralized technologies. However, only with ethically and legally responsible developments will the mistakes of the past be avoided. This contribution explores how current data management schemes are insufficient to (...) adequately safeguard data subjects, and in particular, it focuses on making these data flows transparent to provide an adequate level of accountability. To showcase this, and with the goal of enhancing transparency to foster trust, this paper investigates solutions for standardizing machine-readable policies to express personal data processing activities and their application to decentralized personal data stores as an example of ethical, legal, and technical responsible innovation in this field. (shrink)

Many virtual communities that rely on user-generated content (such as social news sites, citizen journals, and encyclopedias in particular) offer unrestricted and immediate ‘write access’ to every contributor. It is argued that these communities do not just assume that the trust granted by that policy is well-placed; they have developed extensive mechanisms that underpin the trust involved (‘backgrounding’). These target contributors (stipulating legal terms of use and developing etiquette, both underscored by sanctions) as well as the contents contributed by them (...) (patrolling for illegal and/or vandalist content, variously performed by humans and bots; voting schemes). Backgrounding trust is argued to be important since it facilitates the avoidance of bureaucratic measures that may easily cause unrest among community members and chase them away. (shrink)

Scroggs's theorem on the extensions of S5 is an early landmark in the modern mathematical studies of modal logics. From it, we know that the lattice of normal extensions of S5 is isomorphic to the inverse order of the natural numbers with infinity and that all extensions of S5 are in fact normal. In this paper, we consider extending Scroggs's theorem to modal logics with propositional quantifiers governed by the axioms and rules analogous to the usual ones for ordinary quantifiers. (...) We call them Π-logics. Taking S5Π, the smallest normal Π-logic extending S5, as the natural counterpart to S5 in Scroggs's theorem, we show that all normal Π-logics extending S5Π are complete with respect to their complete simple S5 algebras, that they form a lattice that is isomorphic to the lattice of the open sets of the disjoint union of two copies of the one-point compactification of N, that they have arbitrarily high Turing-degrees, and that there are non-normal Π-logics extending S5Π. (shrink)