Les efforts pour définir la vie se sont intensifiés ces dernières années dans les sciences biologiques. Partant d’une interrogation sur les motivations qui président à ces efforts, nous montrons que l’on doit distinguer deux projets qui s’exposent à des difficultés philosophiques très différentes : ceux présentant l’obtention d’une définition de la vie comme un moyen nécessaire pour l’enquête scientifique ; ceux qui pensent celle-ci comme une fin. Puis nous analysons les usages qui sont faits du terme « vie ». Tandis (...) que l’ensemble des analyses l’ont considéré comme un terme de classe dont les organismes seraient des instances, nous montrons qu’en pratique il existe un second usage implicite de ce terme : dans certains contextes « vie » sert à désigner un individu dont les organismes sont des parties. (shrink)

In Philosophical Investigations 193–94, Wittgenstein draws a notorious analogy between the working of a machine and the application of a rule. According to the view of rule-following that Wittgenstein is criticizing, the future applications of a rule are completely determined by the rule itself, as the movements of the machine components are completely determined by the machine configuration. On what conception of the machine is such an analogy based? In this paper, I intend to show that Wittgenstein relied on quite (...) a specific scientific tradition very active at the beginning of the twentieth century: the kinematic or the general science of machines. To explain the fundamental tenets of this line of research and its links with Wittgenstein, I focus on Franz Reuleaux, whose works were known to Wittgenstein. The first payoff of this investigation is to help distance the functionalist framework from which this passage is often read: Wittgenstein’s machines are not computers. The second payoff is to explain why Wittgenstein talks about machines at this place in his discussion on rule-following: it is not the machine model in itself that is criticized in PI 193–94, but the “philosophical” temptation to generalize from it. (shrink)

This chapter examines two ways in which liberal thinkers have appealed to claims about disagreement in order to defend a principle of free speech. One argument, from Mill, says that free speech is a necessary condition for healthy disagreement, and that healthy disagreement is conducive to human flourishing. The other argument says that in a community of people who disagree about questions of value, free speech is a necessary condition of legitimate democratic government. We argue that both of these arguments, (...) in their standard guises, are premised upon contestable views about the realpolitik of disagreement in a liberal society. (shrink)

James Levine has recently argued that there is a tension between Russell’s Moorean semantical framework and Russell’s Peano-inspired analytical practice. According to Levine, this discrepancy runs deep in Russell’s thought from 1900 to 1918, and underlies many of the doctrinal changes occurring during this period. In this paper, I suggest that, contrary to what Levine claims, there is no incompatibility between Moore’s theory of meaning and the idea of informative conceptual analysis. I show this by relating Moore’s view of meaning (...) to his Sidgwick-inspired criticism of the so-called naturalistic fallacy. I maintain that Moore’s semantical framework has a methodological intent: following Sidgwick, Moore wants to block any attempt to justify ethical principles through setting ad hoc conditions on the meaning of the terms involved. Thus, far from grounding philosophical knowledge on subjective intuitions, as Levine suggests, Moore’s framework would provide us with the means to make room for a discursive and dialectic conception of philosophical inquiry. (shrink)

In the last decades, many changes have occurred in scientific publishing, including online publication, data repositories, file formats and standards. The role played by computers in this process rekindled the argument on forms of technical determinism. This paper addresses this old debate by exploring the case of publishing processes in prehistoric archaeology during the second part of the twentieth century, prior to the wide-scale adoption of computers. It investigates the case of a collective and international attempt to standardize the typological (...) analysis of prehistoric lithic objects, coined typologie analytique by Georges Laplace and developed by a group of French, Italian, and Spanish researchers. The aim of this paper is to: 1) present a general bibliometric scenario of prehistoric archaeology publishing in continental Europe; 2) report on the little-known typologie analytique method in archaeology, using publications, archives, and interviews; 3) show how the publication of scientific production was shaped by social (editorial policies, support networks) and material (typography features and publication formats) constraints; and 4) highlight how actors founded resources to control and counterbalance these effects, namely by changing and improving publishing formats. (shrink)

The majority of analyses investigating the professionalisation of scientific domains tend to assume the linear and general features of this transformation. These studies focus on the shift from a non-professionalised state to a professionalised state. This dual approach, however, crucially lacks some other aspects of the process of professionalisation. This issue is discussed within the context of the growth of prehistoric archaeology in France from the 1940s, by observing scientific societies, national research organisations and their social networks. Looking at the (...) scale of Georges Laplace’s career and that of his research group, which studied the typologie analytique method, this article demonstrates the benefits of a ternary model which also encompasses the modes of refusal of professionalisation. (shrink)

Epistemic modals in consequent place of indicative conditionals give rise to apparent counterexamples to Modus Ponens and Modus Tollens. Familiar assumptions of fa- miliar truth conditional theories of modality facilitate a prima facie explanation—viz., that the target cases harbor epistemic modal equivocations. However, these explana- tions go too far. For they foster other predictions of equivocation in places where in fact there are no equivocations. It is argued here that the key to the solution is to drop the assumption that (...) modal claims are inherently relational (i.e., that they ex- press a logical relation between a prejacent and a premise-set) in favor of a view that treats them as inherently quantificational. In particular it is suggested that modals are mass noun descriptions of information. We demonstrate how this approach unlocks the equivocation problem. (shrink)

The issue of the definition and position of archaeology as a discipline is examined in relation to the dispute which took place from 1980 to 2009 between the archaeologist Jean-Claude Gardin and the sociologist Jean-Claude Passeron. This case study enables us to explore the actual conceptual relationships between archaeology and the other sciences (as opposed to those wished for or prescribed). The contrasts between the positions declared by the two researchers and the rooting of their arguments in their disciplines are (...) examined: where the sociologist makes use of his philosophical training, the archaeologist relies mainly on his work on semiology and informatics. Archaeology ultimately plays a minor role in the arguments proposed. This dispute therefore cannot be considered as evidence for the movement of concepts between archaeology and the social sciences. A blind spot in the debate, relating to the ontological specificities of archaeological objects, nevertheless presents itself as a possible way of implementing this movement. (shrink)

A primary challenge from the relativist to the contextualist about epistemic modals is to explain eavesdropping data—i.e., why the eavesdropper is inclined to judge the speaker as having uttered an epistemic modal falsehood (when she is so inclined), even though the speaker’s utterance is true according to reasonable contextualist truth conditions. The issue turns in large part on the strength and shape of the data, both of which are in dispute. One complaint is that an eavesdropper’s truth value judgments fluctuate (...) with variations of non- epistemic fact (even after the relevant epistemic/information states are determined). The project here is to strengthen and reframe this complaint in a debate-neutral way, and to show how a sober contextualism can uniformly accommodate it and the standard eavesdropping data. Along the way we reject John Hawthorne’s danger-theoretic explanation of these subtleties. (shrink)

Usual narratives among prehistoric archaeologists consider typological approaches as part of a past and outdated episode in the history of research, subsequently replaced by technological, functional, chemical, and cognitive approaches. From a historical and conceptual perspective, this paper addresses several limits of these narratives, which (1) assume a linear, exclusive, and additive conception of scientific change, neglecting the persistence of typological problems; (2) reduce collective developments to personal work (e.g. the “Bordes’” and “Laplace’s” methods in France); and (3) presuppose the (...) coherence and identity of these “methods” over time. It explores the case of the “Structural and analytical typology” method, developed in France, Spain, and Italy from the 1950s to the 2000s by Georges Laplace and his collaborators for lithic implements. This paper (1) provides a detailed historical account of the evolving content of this collective endeavour over five decades; (2) it addresses the epistemological question of what makes the identity and unity of a scientific method, demonstrating that the core component of the “analytical typology” lies in its particular way to represent real-world phenomena through its notation system; and (3) it reveals how this little known but significant episode of advances in the methods and theory of archaeology, contemporary but independent of the “New Archaeology” trend in English-speaking archaeology, was instrumental in the continuation of evolutionary perspectives in France and in the development of quantitative and formal methods in archaeology in southwestern Europe, foreseeing crucial knowledge representation issues raised today by digital methods in archaeology and data curation. (shrink)

Methodological innovations have a special status in disciplinary histories, because they can be widely adopted and anonymised. In the 1950s, this occurred to Georges Laplace’s innovative use of 3-dimensional metric Cartesian coordinate system to record the positions of archaeological objects. This paper proposes a conceptual and social history of this process, with a focus on its spatial context, the Pyrenean region (Spain, Basque Country, and France). Main results of this research based on archives, publications, and bibliometric data, include: 1) a (...) critical discussion of the notions concerning authorship of such methodological innovations; 2) a presentation of the lesser-known aspects of Laplace’s method, showing its contribution to the abstraction and formalisation of archaeological observations and data recording; and 3) the identification of an international Pyrenean intellectual lineage of innovation regarding stratigraphy and excavation methods, from the late 19th century to the early 21th century. (shrink)

Community detection is a major issue in network analysis. This paper combines a socio-historical approach with an experimental reconstruction of programs to investigate the early automation of clique detection algorithms, which remains one of the unsolved NP-complete problems today. The research led by the archaeologist Jean-Claude Gardin from the 1950s on non-numerical information and graph analysis is retraced to demonstrate the early contributions of social sciences and humanities. The limited recognition and reception of Gardin's innovative computer application to the humanities (...) are addressed through two factors, in addition to the effects of historiography and bibliographies on the recording, discoverability, and reuse of scientific productions: (1) funding policies, evidenced by the transfer of research effort on graph applications from temporary interdisciplinary spaces to disciplinary organizations related to the then-emerging field of computer science; and (2) the erratic careers of algorithms, in which efficiency, flaws, corrections, and authors’ status, were determining factors. (shrink)

1. Une dispute épistémologique 1.1 Quatre itinéraires à proximité puis à distance des structuralismes 1.2 Un différend sur les « usages réglés du rationalisme » en sciences de l’homme 2. Les mots et les descriptions en sciences de l’homme 2.1 Une commune limitation du déterminisme linguistique 2.2 Un problème philosophique implicite : descriptions définies et noms propres 2.3 L’usage des descriptions définies en sciences de l’homme 2.4 Les (semi-)noms propres des sciences historiques 2.5 Le degré de généralité des concepts employés (...) et ses conséquences sur les raisonnements 3. La spécificité des raisonnements en sciences de l’homme 3.1 Quelle logique pour raisonner sur les phénomènes humains ? 3.2 Les usages d’une référence commune : la logique naturelle 3.3 Propositions et énoncés : divergences sur l’analyse des raisonnements 4. Le juste degré de formalisation du langage et des raisonnements 4.1 La formalisation des descriptions 4.2 Les modèles et la formalisation des raisonnements 4.3 Des formalisations qui s’ignorent 5. Le caractère historique des sciences de l’homme 5.1 Formaliser implique-t-il de dé-historiciser ? 5.2 Les mécanismes du changement scientifique 5.3 Pragmatique de l’intervention théorique. (shrink)

Focusing on the history of prehistoric archaeology in the 20th century, this papers shows (1) that statistical multidimensional analyses were carried out by a new kind of actors who challenged the previous common language shared by prehistorians. This fundamental change was important, considering that (2) language is a fundamental point for the epistemology of archaeology. However, a comparison of multidimensional analyses applications over time shall make clear that (3) the differences are mostly a generational matter: the transmission processes between them (...) will be addressed. (shrink)

Should the government censor dangerous anti-vaccination propoganda? Should it restrict the praise of terrorist groups, or speech intended to promote discriminatory attitudes? In other words, should the government curb the advocacy of dangerous ideas and actions (i.e. 'harmful advocacy'), or should the government take a more permissive approach? Strong free speech supporters argue that citizens should be free to engage in and to hear harmful advocacy, arguing that restrictions are deeply objectionable at best, and, at worst, wholly impermissible. To support (...) their position, strong free speech supporters have offered a wide range of arguments and ideas. One of the most interesting arguments revolves around the idea that restrictions on harmful advocacy are deeply insulting to citizens. The worry, broadly understood, is that this kind of censorship is demeaning, treats citizens as though they are stupid, or as though they are children. As such, even when censorship is effective in preventing harms to citizens, it nonetheless comes at the significant political cost of failing to properly respect the citizenry at large. By contrast, so the thought goes, an alternative political scheme that prohibits censorship, or permits it only in exceptional cases, does a better job of respecting citizens as independent, rational, morally responsible agents. This alternative political system may, sometimes, be less effective at preventing speech harms. But it is a political system where citizens can stand tall and hold their heads high. In this paper, I consider and reject three versions of the worry that censorship is insulting. §1 explores the idea that censorship is insulting qua involving a negative appraisal of the citizens being interfered with. The key idea here is that censorship involves a lack of what Stephen Darwall terms ‘appraisal respect’, insofar as the government is suggesting that citizens cannot be trusted to manage their own beliefs and intentions. Drawing on the work of Thomas Nagel, §2 explores the idea that censorship diminishes the political status of citizens. Finally, §3 explores the suggestion that censorship is incompatible with a full appreciation of the thinking nature of citizens, and thus involves a lack of what Darwall would term ‘recognition respect’. The paper argues that censorship is not necessarily premised upon an insulting view of the citizenry. On the contrary, it argues that the best kind of censorship stems from a rich appreciation of the diverse range of capabilities, needs, vulnerabilities, and responsibilities of citizens, as well as the need for co-operation between citizens if societal flourishing is going to be achieved on a large scale. Granted, such a vision places an emphasis on the imperfections and liabilities of citizens – at least when compared to the rather solitary, highly intellectual creature one sometimes finds in the philosophical literature. Still, such a vision of citizens as imperfect falls well short of being genuinely insulting. To err is human. And there’s nothing insulting about being treated like a human. (shrink)

In his presidential address to the APA, Alvin Plantinga argues that the only sensible way to be an anti-realist is to be a theist. Anti-realism (AR) in this context is the epistemic analysis of truth that says, "(AR) necessarily, a statement is true if and only if it would be believed by an ideally [or sufficiently] rational agent/community in ideal [or sufficiently good] epistemic circumstances." Plantinga demonstrates, with modest modal resources, that AR entails that necessarily, ideal epistemic circumstances obtain. As (...) it is a contingent matter whether ideal epistemic circumstances obtain, Plantinga concludes that an anti-realist should be a theist. In this paper, we show that counterfactual analyses of truth as epistemic are instances of a more general problem of philosophical analysis. More specifically, without a radical revision of the logic, counterfactual analyses of truth as epistemic cannot avoid perpetrating some version of the conditional fallacy. Even so, we argue, anti-realists are not committed to the necessary existence of ideal epistemic circumstances and therefore need not be theists. (shrink)

Human agents happen to judge that a conjunction of two terms is more probable than one of the terms, in contradiction with the rules of classical probabilities—this is the conjunction fallacy. One of the most discussed accounts of this fallacy is currently the quantum-like explanation, which relies on models exploiting the mathematics of quantum mechanics. The aim of this paper is to investigate the empirical adequacy of major quantum-like models which represent beliefs with quantum states. We first argue that they (...) can be tested in three different ways, in a question order effect configuration which is different from the traditional conjunction fallacy experiment. We then carry out our proposed experiment, with varied methodologies from experimental economics. The experimental results we get are at odds with the predictions of the quantum-like models. This strongly suggests that this quantum-like account of the conjunction fallacy fails. Future possible research paths are discussed. (shrink)

The relationship between archaeology and other sciences has only recently become a research topic for sociologists and historians of science. From the 1950s to the present day, different approaches have been taken and the aims of research studies have changed considerably. Besides methodological textbooks, which aim at advancing archaeological knowledge, historians of archaeology have tackled this question by exploring the development of archaeology as a scientific discipline. More recently, collaborations between archaeologists and other scientists have been examined as a general (...) phenomenon regarding transfers of knowledge and power relationships between specialists, organizations, and scientific tools, where archaeology is considered as a scientific practice. Adopting a sociohistorical perspective, this entry examines the specificity of aims, facts, and procedures shared by archaeologists and other scientists regarding the crucial question of measuring time and computations. (shrink)

The success of the mission of the school based largely on teachers, it is important to understand exactly how they see their role in the actualization of this mission. So this article initiates a reflection on how secondary school teachers in Quebec think their educational mission. More specifically, we analyze how the educational mission takes shape in their professional practice. La réussite de la mission de l’école reposant en grande partie sur les enseignants, il importe de cerner avec précision comment (...) ces derniers conçoivent leur rôle dans l’actualisation de cette mission. Ainsi cet article amorce une réflexion sur la manière dont les enseignants du secondaire au Québec, pensent leur mission éducative. Plus particulièrement, nous analysons ici comment cette mission éducative prend forme dans leur pratique professionnelle. (shrink)

Brogaard and Salerno (2005, Nous, 39, 123–139) have argued that antirealism resting on a counterfactual analysis of truth is flawed because it commits a conditional fallacy by entailing the absurdity that there is necessarily an epistemic agent. Brogaard and Salerno's argument relies on a formal proof built upon the criticism of two parallel proofs given by Plantinga (1982, "Proceedings and Addresses of the American Philosophical Association", 56, 47–70) and Rea (2000, "Nous," 34, 291–301). If this argument were conclusive, (...) antirealism resting on a counterfactual analysis of truth should probably be abandoned. I argue however that the antirealist is not committed to a controversial reading of counterfactuals presupposed in Brogaard and Salerno's proof, and that the antirealist can in principle adopt an alternative reading that makes this proof invalid. My conclusion is that no reductio of antirealism resting on a counterfactual analysis of truth has yet been provided. (shrink)

'It is widely agreed that contraposition, strengthening the antecedent and hypothetical syllogism fail for subjunctive conditionals', write Brogaard and Salerno in (2008: Counterfactuals and context, Analysis 68.1, 39–46). In that article they argue that the putative counterexamples to these principles are actually no threat, on the grounds that they involve a certain kind of illicit contextual shift. -/- Here I argue that this particular kind of contextual shift, if it is properly so called, is not generally illicit, and that (...) therefore the counterexamples shouldn't be blocked with the kind of blanket restriction Brogaard and Salerno advocate. The idea that the reasoning patterns in question can be vindicated given restrictions still seems promising; the purpose of this note is to show that the simple restriction proposed by Brogaard and Salerno isn't the right way of going. (shrink)

Brogaard and Salerno (2008) argued that counter-examples to contraposition, strengthening the antecedent, and hypothetical syllogism involving subjunctive conditionals only seem to work because they involve a contextual fallacy where the context assumed in the premise(s) is illicitly shifted in the conclusion. To avoid such counter-examples they have proposed that the context must remain fixed when evaluating an argument for validity. That is the Brogaard-Salerno Stricture. Tristan Haze (2016), however, has recently objected that intuitively valid argumentative forms such as (...) conjunction introduction do not satisfy this constraint. This paper has two goals. First, it argues that the Brogaard-Salerno Stricture is not violated in Haze’s putative counter-example. Second, it argues that since this stricture blocks the usual counter-examples to instances of classical argumentative forms that involve indicative or subjunctive conditionals, it is reasonable to infer that indicative and subjunctive conditionals are material. (shrink)

The epistle 49 by Peter Damian contains an original allegorical interpretation of the Jewish Sabbath as a day of rest, enriched by a mystical exegesis of the biblical Hexameron, in which the six days of creation correspond to the inner journey of man called to intimately unite with God. Peter Damian expresses this process of deification through the two images of man as microcosm and sovereign of creation and man as temple of God. The main source of Damian’s text seems (...) to be the De natura hominis by Nemesius of Emesa, which he knows thanks to the translation of Alfanus I of Salerno, one of the recipients of the epistle: this is confirmed by textual evidences, but also by a preliminary historical and historiographic reconstruction of the clue of friendship that binds Peter Damian to the archbishop of Salerno. (shrink)

Several theorists have been attracted to the idea that in order to account for counterpossibles, i.e. counterfactuals with impossible antecedents, we must appeal to impossible worlds. However, few have attempted to provide a detailed impossible worlds account of counterpossibles. Berit Brogaard and Joe Salerno’s ‘Remarks on Counterpossibles’ is one of the few attempts to fill in this theoretical gap. In this article, I critically examine their account. I prove a number of unanticipated implications of their account that end up (...) implying a counterintuitive result. I then examine a suggested revision and point out a surprising implication of the revision. (shrink)

Berit Brogaard and Joe Salerno (2008) have defended the validity of counterfactual hypothetical syllogism (CHS) within the Stalnaker-Lewis account. Whenever the premisses of an instance of CHS are non-vacuosly true, a shift in context has occurred. Hence the standard counterexamples to CHS suffer from context failure. Charles Cross (2011) rejects this argument as irreconcilable with the Stalnaker-Lewis account. I argue against Cross that the basic Stalnaker-Lewis truth condition may be supplemented in a way that makes (CHS) valid. Yet pace (...) Brogaard and Salerno, there are alternative ways of spelling out the basic truth condition which are standard in most debates; and given these ways, the counterexamples to CHS are successful. (shrink)

Vogel argues that sensitivity accounts of knowledge are implausible because they entail that we cannot have any higher-level knowledge that our beliefs are true, not false. Becker and Salerno object that Vogel is mistaken because he does not formalize higher-level beliefs adequately. They claim that if formalized correctly, higher-level beliefs are sensitive, and can therefore constitute knowledge. However, these accounts do not consider the belief-forming method as sensitivity accounts require. If we take bootstrapping as the belief-forming method, as the (...) discussed cases suggest, then we face a generality problem. Our higher-level beliefs as formalized by Becker and Salerno turn out to be sensitive according to a wide reading of bootstrapping, but insensitive according to a narrow reading. This particular generality problem does not arise for the alternative accounts of process reliabilism and basis-relative safety. Hence, sensitivity accounts not only deliver opposite results given different formalizations of higher-level beliefs, but also for the same formalization, depending on how we interpret bootstrapping. Therefore, sensitivity accounts do not fail because they make higher-level knowledge impossible, as Vogel argues, and they do not succeed in allowing higher-level knowledge, as Becker and Salerno suggest. Rather, their problem is that they deliver far too heterogeneous results. (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)

Strong or Pure Intentionalism is the view that the phenomenal character of a conscious experience is exhaustively determined by its intentional content. Contrastingly, impure intentionalism holds that there are also non content-based aspects or features which contribute to phenomenal character. Conscious attention is one such feature: arguably its contribution to the phenomenal character of a given conscious experience are not exhaustively captured in terms of what that experience represents, that is in terms of properties of its intentional object. This paper (...) attempts to get clearer on the phenomenal contribution of conscious attention. In doing so it considers and sets aside two prominent impure intentionalist accounts, namely the Phenomenal Structure view of Sebastien Watzl, and the Demonstrative Awareness view of Wayne Wu. As an alternative I outline a Modification view, which draws on ideas in Husserlian phenomenology. On this view, we should think of the phenomenal contribution of conscious attention in terms of attentive modifications of what I call a ‘pre-attentive phenomenal field’. I develop this view and highlight its benefits over alternatives. (shrink)

According to the “paradox of knowability”, the moderate thesis that all truths are knowable – ... – implies the seemingly preposterous claim that all truths are actually known – ... –, i.e. that we are omniscient. If Fitch’s argument were successful, it would amount to a knockdown rebuttal of anti-realism by reductio. In the paper I defend the nowadays rather neglected strategy of intuitionistic revisionism. Employing only intuitionistically acceptable rules of inference, the conclusion of the argument is, firstly, not ..., (...) but .... Secondly, even if there were an intuitionistically acceptable proof of ..., i.e. an argument based on a different set of premises, the conclusion would have to be interpreted in accordance with Heyting semantics, and read in this way, the apparently preposterous conclusion would be true on conceptual grounds and acceptable even from a realist point of view. Fitch’s argument, understood as an immanent critique of verificationism, fails because in a debate dealing with the justification of deduction there can be no interpreted formal language on which realists and anti-realists could agree. Thus, the underlying problem is that a satisfactory solution to the “problem of shared content” is not available. I conclude with some remarks on the proposals by J. Salerno and N. Tennant to reconstruct certain arguments in the debate on anti-realism by establishing aporias. (shrink)

The interview focuses on specific aspects of Giuseppe Cacciatore's philosophy, with particular emphasis on the connection between theoretical speculation and civil practice. As highlighted by philosopher Giuseppe Cantillo, Cacciatore' s works strive to combine thought and history at every point, starting with Pietro Piovani's 'critical-problematic historicism'. The outcome is a theoretical system that is aimed at civil and political commitment, while at the same time maintaining a genuinely ideal motivation.

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)