Although ethics is an essential component of undergraduate medical education, research suggests current medical ethics curricula face considerable challenges in improving students’ ethical reasoning. This paper discusses these challenges and introduces a promising new mode of graduate and professional ethics instruction for overcoming them. We begin by describing common ethics curricula, focusing in particular on established problems with current approaches. Next, we describe a novel method of ethics education and assessment for medical students that we have devised, the Medical Ethics (...) Bowl. Finally, we suggest pedagogical advantages to MEBs when compared to other ethics curricula. (shrink)

The development of the Functional Genomics Investigation Ontology (FuGO) is a collaborative, international effort that will provide a resource for annotating functional genomics investigations, including the study design, protocols and instrumentation used, the data generated and the types of analysis performed on the data. FuGO will contain both terms that are universal to all functional genomics investigations and those that are domain specific. In this way, the ontology will serve as the “semantic glue” to provide a common understanding of data (...) from across these disparate data sources. In addition, FuGO will reference out to existing mature ontologies to avoid the need to duplicate these resources, and will do so in such a way as to enable their ease of use in annotation. This project is in the early stages of development; the paper will describe efforts to initiate the project, the scope and organization of the project, the work accomplished to date, and the challenges encountered, as well as future plans. (shrink)

The thesis of this article is that there has never been any ground for the controversy between the doctrine of free will and determinism, that it is based upon a misapprehension, that the two assertions are entirely consistent, that one of them strictly implies the other, that they have been opposed only because of our natural want of the analytical imagination. In so saying I do not tamper with the meaning of either phrase. That would be unpardonable. I mean free (...) will in the natural and usual sense, in the fullest, the most absolute sense in which for the purposes of the personal and moral life the term is ever employed. I mean it as implying responsibility, merit and demerit, guilt and desert. I mean it as implying, after an act has been performed, that one " could have done otherwise " than one did. I mean it as conveying these things also, not in any subtly modified sense but in exactly the sense in which we conceive them in life and in law and in ethics. These two doctrines have been opposed because we have not realised that free will can be analysed without being destroyed, and that determinism is merely a feature of the analysis of it. And if we are tempted to take refuge in the thought of an "ultimate ", an "innermost" liberty that eludes the analysis, then we have implied a deterministic basis and constitution for this liberty as well. For such a basis and constitution lie in the idea of liberty. -/- The thesis is not, like that of Green or Bradley, that the contending opinions are reconciled if we adopt a certain metaphysic of the ego, as that it is timeless, and identifies itself with a desire by a " timeless act". This is to say that the two are irreconcilable, as they are popularly supposed to be, except by a theory that delivers us from the conflict by taking us out of time. Our view on the contrary is that from the natural and temporal point of view itself there never was any need of a reconciliation but only of a comprehension of the meaning of terms. (The metaphysical nature of the self and its identity through time is a problem for all who confront memory, anticipation, etc.; it has no peculiar difficulties arising from the present problem.) -/- I am not maintaining that determinism is true; only that it is true insofar as we have free will. That we are free in willing is, broadly speaking, a fact of experience. That broad fact is more assured than any philosophical analysis. It is therefore surer than the deterministic analysis of it, entirely adequate as that in the end appears to be. But it is not here affirmed that there are no small exceptions, no slight undetermined swervings, no ingredient of absolute chance. All that is here said is that such absence of determination, if and so far as it exists, is no gain to freedom, but sheer loss of it; no advantage to the moral life, but blank subtraction from it. -- When I speak below of "the indeterminist" I mean the libertarian indeterminist, that is, him who believes in free will and holds that it involves indetermination. (shrink)

Aside from bioethics, the main theme of Ronald Green's lifework has been an exploration of the relation between religion and morality, with special emphasis on the philosophies of Immanuel Kant and Søren Kierkegaard. This essay summarizes and assesses his work on this theme by examining, in turn, four of his relevant books. Religious Reason (1978) introduced a new method of comparative religion based on Kant's model of a rational religion. Religion and Moral Reason (1988) expanded on this project, clarifying (...) that religious traditions cannot be reduced to their moral grounding. Kierkegaard and Kant: The Hidden Debt (1992) offered bold new evidence that Kant, not Hegel, was the philosopher whose ideas primarily shaped Kierkegaard's overtly religious philosophy ; both philosophers focused on the problem of how to understand the relation between moral reasoning and historical religion. And Kant and Kierkegaard on Time and Eternity (2011) republished ten essays that explore various aspects of this theme in greater depth. I argue that throughout these works Green defends a " paradox of inwardness " : principles or ideals that are by their nature essentially inward end up requiring outward manifestation in order to be confirmed or fully justified as real. (shrink)

All disciplines must define their basic units and core processes. In evolutionary biology, the core process is natural selection and the basic unit of selection and adaptation is the individual. To operationalize the theory of natural selection we must count individuals, as they are the bearers of fitness. While canonical individuals have often been taken to be multicellular organisms, the hierarchy of life shows that new kinds of individuals have evolved. A variety of criteria have been used to define biological (...) individuality. Some criteria rely on the presence/absence of a particular property while others advocate an approach that reflects the process of natural selection. The plethora of approaches to classifying individuality has resulted in confusion regarding how to study individuality in a given taxon. (shrink)

Before I respond to the four essays that have each offered valuable feedback on my Comprehensive Commentary on Kant’s ‘Religion within the Bounds of Bare Reason‘ (hereafter CCKR), [1] a meta-critical question calls for an answer: Why was yet another commentary on Kant’s book, Religion within the Bounds of Bare Reason (hereafter RGV), needed in 2015, [2] given the unprecedented fact that each of the three previous years had seen the publication of a commentary on the same book? The short (...) answer is that work on my commentary began several years before James DiCenso (2012), Lawrence Pasternack (2013), or Eddis Miller (2014) embarked on their own versions of such a project. After completing work on Kant’s Critical Religion in 2000 (Palmquist 2000), I initially planned to move directly into full-time work on Kant’s Critical Science, volume three in my planned Kant’s System of Perspectives series. However, I put that plan on hold a few years later, after I realised that Kant’s Critical Religion, despite its length, only scratched the surface of numerous issues relating to Kant’s theory of religion—especially various textual complexities in RGV. Moreover, some critics of Kant’s Critical Religion, even among those who agreed with my overall claim—namely, that Kant was attempting to affirm and even bolster Christianity (albeit in a significantly reformed interpretation)—tended to misconstrue and therefore reject key arguments I had sketched. Clearly, more work needed to be done if the scholarly community was to be convinced that anything like the position I defended there was accurate. (shrink)

In this article, I make the case for the continued relevance of Plato’s Timaeus. I begin by sketching Allan Bloom’s picture of the natural sciences today in The Closing of the American Mind, according to which the natural sciences are, objectionably, increasingly specialized and have ejected humans qua humans from their purview. I argue that Plato’s Timaeus, despite the falsity of virtually all of its scientific claims, provides a model for how we can pursue scientific questions in a comprehensive way (...) that stresses their connections to other disciplines, including the humanities, and that puts humanity qua humanity back in the picture. I then argue that being led by Plato’s philosophy to return humanity conceptually to the natural world can improve our thinking regarding climate change and other important environmental crises. (shrink)

Recently, Joshua Greene has argued that we need a metamorality to solve moral problems for which evolution has not prepared us. The metamorality that he proposes is a utilitarian account that he calls deep pragmatism. Deep pragmatism is supposed to arbitrate when the values espoused by different groups clash. To date, no systematic appraisal of this argument for a metamorality exists. We reconstruct Greene’s case for deep pragmatism as a metamorality and consider three lines of objection to it. We argue (...) that, in the end, only one of these objections seriously threatens Greene’s position. Greene has to commit to the nonexistence of moral truth in order for his argument for the need of a metamorality to get off the ground. This, however, leads to a tension in his overall argument for deep pragmatism: ultimately, it casts his rejection of antiutilitarian moral intuitions into doubt. (shrink)

Authors from all over the world unite in an effort to cultivate dialogue between Asian and Western philosophy. The papers forge a new, East-West comparative path on the whole range of issues in Kant studies. The concept of personhood, crucial for both traditions, serves as a springboard to address issues such as knowledge acquisition and education, ethics and self-identity, religious/political community building, and cross-cultural understanding. Edited by Stephen Palmquist, founder of the Hong Kong Philosophy Café and well known for both (...) his Kant expertise and his devotion to fostering philosophical dialogue, the book presents selected and reworked papers from the Kant in Asia conference, held in Hong Kong in May 2009. In addition to keynote essays by Patricia Kitcher (Columbia), Günter Wohlfart (Wuppertal), and Cheng Chung-ying (Hawaii), the book contains 64 contributed essays. The latter include contributions from Andrew Brook, David Cummiskey, Rainer Enskat, Wolfgang Ertl, Hans Feger, Klaus-Gerd Giesen, Ronald Green, Martin Moors, Ulrich Seeberg, Susan Shell, Rein Vos, Günter Zoeller, and numerous Asian philosophers. (shrink)

Traditional approaches to conflict are oriented towards establishing (or re-establishing) consensus, either in the form of a resolution of the conflict or in the form of an ‘agree-to-disagree’ standstill between the stakeholders. In this paper, we criticize these traditional approaches, each for specific reasons, and we propose and develop the agonistic approach to conflict. Based on Chantal Mouffe’s agonistic democratic theory, the agonistic approach to conflict is more welcoming of dissensus, replacing discussion stoppers with discussion starters and replacing standstills with (...) contestation. We illustrate such replacements and develop this approach, we analyse technological conflicts in a concrete R&D setting: the global hydrogen economy. From this context, we focus on the conflict between the proponents of blue hydrogen (drawn from fossil fuels) and those of green hydrogen (created through electrolysis). We conclude by highlighting the advantage of the agonistic approach but also drawing attention to its own specific risk, namely, antagonism. (shrink)

In this commentary on Darrel Moellendorf’s Mobilizing Hope: Climate Change & Global Poverty (Oxford: Oxford University Press, 2022), I discuss his use of the precautionary principle, whether his hope for climate-friendly ‘green growth’ is realistic given the tendency for inequality to accelerate as it gets higher, and what I call his assumption of a liberal baseline. That is, I worry that the audience to whom the book is addressed are those who already accept the environmental and economic values to (...) which Moellendorf appeals, while those who are blocking effective action on climate change in fact reject those values and are therefore unlikely to be moved by the arguments the book presents. (shrink)

A general definition of consciousness is: ‘consciousness is a mental aspect of a system or a process, which is a conscious experience, a conscious function, or both depending on the context’, where the term context refers to metaphysical views, constraints, specific aims, and so on. One of the aspects of visual consciousness is the visual subjective experience (SE) or the first person experience that occurs/emerges in the visual neural-network of thalamocortical system (which includes dorsal and ventral visual pathways and frontal (...) cortex) during dynamic interactions among widely distributed neuronal groups. In this article, however, consciousness and SE are interchangeably used unless noted. Consciousness can be either access (reportable) or phenomenal consciousness. For access consciousness, the interactions are between feed forward stimulus dependent signals and fronto-parietal feedback attentional signals. The necessary ingredients for access (reportable) consciousness are (i) wakefulness, (ii) reentrant interactions among neural populations, (iii) fronto-parietal and thalamic-reticular-nucleus attentional signals that modulate consciousness, (iv) working memory that retains information for consciousness, (v) stimulus at or above threshold level, and (vi) neural-network proto-experiences (PEs) that are superposed SEs embedded in a neural-network. Attention and the ability to report are not necessary for phenomenal consciousness. The neural source for the arousal system is the ascending reticular activating system in the brain stem, which brings the thalamocortical neural networks to wakeful state as a baseline for consciousness to occur. Reentrant interactions among neural populations bind stimulus attributes (such as location and features) and entail consciousness. Attention could be the results of reentry and competitive interactions, and modulates the stimulus related feed forward signal and consciousness. The ‘sources’ of attention may be thalamic reticular nucleus for bottom-up or frontal cortex for top-down direction. The ‘target’ of visual attention is ‘V4/V8/VO’ for Red-Green (R-G) channel. The neural correlates of the psychophysical entity R-G channel appear to be ‘V4/V8/VO’-neural-network (retina → LGN ↔ V1 ↔ V2 ↔ ‘V4/V8/VO’, and areas for attention, memory, and wakefulness). The psychophysical Red-Green Channel, its neurophysiological correlates V4/V8/VO-neural-network, and related experience (such as redness) are integrated. The dual-aspect-dual-mode PE-SE framework (Vimal, J Integr Neurosci 7:49–73, 2008) was used to address the explanatory gap problem of materialism. Neural-network and related SEs are the results of the co-evolution and co-development of the material aspect (mass, charge, spin, force, quanta, and space-time) and the mental aspect of fundamental particles (strings or elementary particles (fermions and bosons)). Their mental aspects are considered as the carriers of superposed multiple possible experiences (SEs/PEs) in unexpressed form. These possibilities are actualized when neural-networks are formed via neural Darwinism, and a specific SE is selected by a matching process when the necessary ingredients of consciousness/SE are satisfied. A simple experimental design is suggested to address the necessary and sufficient attributes of consciousness. (shrink)

This article considers distinct ways of understanding the world, referred to in psychology as Functions of Consciousness or as Cognitive Modes, having as the scope of interest epistemology and natural sciences. Inspired by C.G. Jung's Simile of the Spectrum, we consider three basic cognitive modes associated to: (R) embodied instinct, experience, and action; (G) reality perception and learning; and (B) concept abstraction, rational thinking, and language. RGB stand for the primary colors: red, green, and blue. Accordingly, a conceptual map (...) between cognitive modes and primary and secondary colors is built based on the physics and physiology of color perception and epistemological characteristics of the aforementioned cognitive modes, leading to logical relations structured as an Hexagon of Opposition. Finally, this model of cognitive modes is applied to the analysis and interpretation of some important episodes in the historical development of physics and technology. (shrink)

This article considers distinct ways of understanding the world, referred to in psychology as functions of consciousness or as cognitive modes, having as the scope of interest epistemology and natural sciences. Inspired by C.G. Jung’s simile of the spectrum, we consider three basic cognitive modes associated to: (R) embodied instinct, experience, and action; (G) reality perception and learning; and (B) concept abstraction, rational thinking, and language. RGB stand for the primary colors: red, green, and blue. Accordingly, a conceptual map (...) between cognitive modes and primary and secondary colors is built based on the physics and physiology of color perception and epistemological characteristics of the aforementioned cognitive modes, leading to logical relations structured as an hexagon of opposition. Finally, this model of cognitive modes is applied to the analysis and interpretation of some important episodes in the historical development of physics and technology. (shrink)

Traditional approaches to conflict are oriented towards establishing consensus, either in the form of a resolution of the conflict or in the form of an ‘agree-to-disagree’ standstill between the stakeholders. In this paper, we criticize these traditional approaches, each for specific reasons, and we propose and develop the agonistic approach to conflict. Based on Chantal Mouffe’s agonistic democratic theory, the agonistic approach to conflict is more welcoming of dissensus, replacing discussion stoppers with discussion starters and replacing standstills with contestation. We (...) illustrate such replacements and develop this approach, we analyse technological conflicts in a concrete R&D setting: the global hydrogen economy. From this context, we focus on the conflict between the proponents of blue hydrogen and those of green hydrogen. We conclude by highlighting the advantage of the agonistic approach but also drawing attention to its own specific risk, namely, antagonism. (shrink)

At the beginning of the twenty-first century, based on Science and Technology Studies (STS) and the prophet Trotsky’s forecast, critique of his visions of science, technology and environment have emerged. The article revisits four approaches: the green socioliberal of Sandy Irvine, the neo-luddite of Paul R. Josephson, the ecosocialist of Daniel Tanuro, John Foster and Enzo Traverso. Finally, the collapsologist by Miguel Fuentes Muñoz. At the end, a Marxist reply to their prophet's views is made with four hypotheses and (...) a conclusion about the contemporary STS heritage of Trotsky's historical materialism. Keywords Leon Trotsky – STS – environmental critique – historical materialism – prophet controversy – heritage. (shrink)

The U.S. doctrine of employment-at-will, modified legislatively for protected groups, is being less harshly applied to managerial personnel. Comparable compensation is not otherwise available in the U.S. to workers displaced by technology. Nine pairs of arguments are presented to show how fundamentally management and labor disagree about a company's responsibility for its former employees. These arguments, born of years of labor-management debate, are kaleidoscopic claims about which side has what power. Ultimately, however, not even both together can solve without creative (...) public intervention the emerging problem of massive technological unemployment — the other side of the corporate dream of profit without payrolls. (Originally published as "Displaced Workers: Whose Responsibility?" in Social Policy and Conflict Resolution, eds. T. Attig, D. Callen, and R.G. Frey, Bowling Green, OH: Bowling Green Studies in Applied Philosophy VI, 1984.). (shrink)

Now, the climate of Bangladesh has subtropical monsoon weather with extensive seasonal variations concerning humidity, temperature, and rainfall. Furthermore, it has altitudes from 600 to 1000 meters above sea level, whereas, at 1063 m(3,488 ft.) altitude, Saka Haphong at Mowdok range is the highest height in the southern part the hill there (Wasson, R., 2003). Bangladesh is an emerging market as a developing nation where approximately 30% of its GDP comes from agriculture to tell more about the country. However, Bangladesh (...) got its Independence from Pakistan in 1971, after the partition of British India in 1947 by a glorious liberation war. Before Independence, it had its map within a red circle surrounded by a rectangular green shape as the national flag. After Independence, the map got removed. The red circle signifies the blood sacrifice of the martyrs during the liberation war, while the green rectangle is the symbol of the country's green nature. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal (...) v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

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

_ Source: _Page Count 30 Millions of children worldwide could benefit from adoption. One could argue that prospective parents have a pro tanto duty to adopt rather than create children. For the sake of argument, I assume there is such a duty and focus on a pressing objection to it. Prospective parents may prefer that their children are genetically related to them. I examine eight reasons prospective parents have for preferring genetic children: for parent-child physical resemblance, for family resemblance, for (...) psychological similarity, for the sake of love, to achieve a kind of immortality, for the genetic connection itself, to be a procreator, and to experience pregnancy. I argue that, with the possible exception of the pregnancy desire, these reasons fail to defeat a duty to adopt a child rather than create one, even assuming that we do have some leeway to favor our own interests. (shrink)

Clinicians and health researchers frequently encounter opportunities to rescue people. Rescue cases can generate a moral duty to aid those in peril. As such, bioethicists have leveraged a duty to rescue for a variety of purposes. Yet, despite its broad application, the duty to rescue is under-analyzed. In this paper, we assess the state of theorizing about the duty to rescue. There are large gaps in bioethicists’ understanding of the force, scope, and justification of the two most cited duties to (...) rescue—the individual duty of easy rescue and the institutional rule of rescue. We argue that the duty of easy rescue faces unresolved challenges regarding its force and scope, and the rule of rescue is indefensible. If the duty to rescue is to help solve ethical problems, these theoretical gaps must be addressed. We identify two further conceptions of the duty to rescue that have received less attention—an institutional duty of easy rescue and the professional duty to rescue. Both provide guidance in addressing force and scope concerns and, thereby, traction in answering the outstanding problems with the duty to rescue. We conclude by proposing and propose research priorities for developing accounts of duties to rescue in bioethics. (shrink)

Most people would agree that adoption is a good thing for children in need of a family. Yet adoption is often considered a second best or even last resort for parents in making their families. Against this assumption, I explore the unique value of adoption for prospective parents. I begin with a criticism of the selective focus on the value of adoption for only those people using assisted reproductive technologies. I focus on the value of adoption for all prospective parents, (...) reflecting on non-relative, non-procreative adoptions. First, adoption can meet the important need that a child has for a family, whereas procreation creates rather than meets needs. Second, adoption provides a morally noble opportunity to extend to a stranger benefits usually withheld for one's genetic kin. As such, adoption offers a unique possibility in which impartial concern for an other can be the starting point for a lifetime of love and care. Finally, adoptions can have transformative power over adoptive parents’ conception of family and self. In highlighting the unique value of adoption, I aim to challenge the widespread assumption that adoption has second best status to procreation. Indeed adoption can exemplify the human potential for moral compassion and impartial concern for the needs of others. (shrink)

Conspiracy theories are often portrayed as unwarranted beliefs, typically supported by suspicious kinds of evidence. Yet contemporary work in Philosophy argues provisional belief in conspiracy theories is—at the very—least understandable (because conspiracies occur) and if we take an evidential approach—judging individual conspiracy theories on their particular merits—belief in such theories turns out to be warranted in a range of cases. Drawing on this work, I examine the kinds of evidence typically associated with conspiracy theories, showing that the evidential problems typically (...) associated with conspiracy theories are not unique to such theories. As such, if there is a problem with the conspiracy theorist’s use of evidence, it is one of principle: is the principle which guides their use of evidence somehow in error? I argue that whatever we might think about conspiracy theories generally, there is no prima facie case for a scepticism of conspiracy theories based purely on their use of evidence. (shrink)

Trope theory is a leading metaphysical theory in analytic ontology. One of its classic statements is found in the work of Donald C. Williams who argued that tropes qua abstract particulars are the very alphabet of being. The concept of an abstract particular has been repeatedly attacked in the literature. Opponents and proponents of trope theory alike have levelled their criticisms at the abstractness of tropes and the associated act of abstraction. In this paper I defend the concept of a (...) trope qua abstract particular by rejecting arguments that purport to show that tropes should not be understood as abstract and by arguing that the abstractness of tropes plays an indispensable role in one of our more promising trope-theoretic analyses of universals and of concrete objects. (shrink)

George Yancy's Backlash is a book about American racism. It is the story of what often happens when blacks dare to challenge whiteness on its hubris, or on its appallingly obvious hypocrisy. It is the story of the anger and violence that often arises in the white American in the aftermath of such a challenge, generating in him or her a need to humiliate and destroy the source of the diminished (and fragile) white sense of self. Racism is not personal, (...) Backlash evidences. It is a manifestation of a deeply racist society. Backlash succeeds as a powerful phenomenological account of what racism (still) looks (and feels) like in The Land of the Free. (shrink)

There is much philosophical literature on the duty to rescue. Individuals who encounter and could save, at relatively little cost to themselves, a person at risk of losing life or limb are morally obligated to do so. Yet little has been said about the other side of the issue. There are cases in which the need for rescue could have been reasonably avoided by the rescuee. We argue for a duty to take rescue precautions, providing an account of the circumstances (...) in which it arises. This novel duty has important implications for public policy. We apply it to the situation of some of the uninsured in the United States. Given the US clinician's duty to provide emergency care to all people regardless of ability to pay, some of the uninsured have a moral duty to purchase health insurance. We defend the duty against objections, including the possibility that a right to rescue can be waived, thus undermining a duty to take rescue precautions, that the duty of many professionals is voluntarily incurred, and that a distinction between actively assumed and passively assumed risks matters morally. (shrink)

Cosmological arguments for God typically have two stages. The first stage argues for a first cause or a necessary being, and the second stage argues from there to God. T. Ryan Byerly offers a simple, abductive argument for the second stage where the best explanation for why the being is found to have necessary existence is that it is a perfect being. The reasoning behind this argument is that universal generalizations explain observations of their instances; for example, the universal generalization (...) that all ravens are black explains why some particular raven is observed to be black. Similarly, the fact that a being has all perfections explains why we find the being to have necessary existence. I distinguish between two readings of Byerly’s proposed theistic explanation, and conclude that his explanation does not offer an advantage to the theist in either case. (shrink)

What is it for philosophy to make progress? While various putative forms of philosophical progress have been explored in some depth, this overarching question is rarely addressed explicitly, perhaps because it has been assumed to be intractable or unlikely to have a single, unified answer. In this paper, we aim to show that the question is tractable, that it does admit of a single, unified answer, and that one such answer is plausible. This answer is, roughly, that philosophical progress consists (...) in putting people in a position to increase their understanding, where 'increased understanding' is a matter of better representing the network of dependence relations between phenomena. After identifying four desiderata for an account of philosophical progress, we argue that our account meets the desiderata in a particularly satisfying way. Among other things, the account explains how various other achievements, such as philosophical arguments, counterexamples, and distinctions, may contribute to progress. Finally, we consider the implications of our account for the pressing and contentious question of how much progress has been made in philosophy. (shrink)

The 2010 Patient Protection and Affordable Care Act was designed to increase health insurance coverage in the United States. Its most controversial feature is the requirement that US residents purchase health insurance. Opponents of the mandate argue that requiring people to contribute to the collective good is inconsistent with respect for individual liberty. Rather than appeal to the collective good, this Viewpoint argues for a duty to buy health insurance based on the moral duty individuals have to reduce certain burdens (...) they pose on others. When some people have a duty to rescue, others may have a duty to take rescue precautions, in this case, to purchase health insurance to cover acute and emergency care needs. Requiring that individuals meet this obligation is consistent with respect of individual liberty. (shrink)

Thomas Reid (1710–96) is increasingly being seen as a highly significant philosopher and a central figure in the Scottish Enlightenment. This new edition of Reid's classic philosophical text in the philosophy of mind at long last gives scholars a complete, critically edited text of the Inquiry. The critical text is based on the fourth life-time edition (1785). A selection of related documents showing the development of Reid's thought, textual notes, bibliographical details of previous editions and a full introduction by the (...) editor makes this an important contribution to the study of this increasingly respected philosopher. -/- Key Features - Complete, critically edited text of the Inquiry accompanied by a judicious selection of manuscript evidence relating to its composition - Comprehensive Introduction providing an historical and philosophical account of the formation of the Inquiry - Detailed textual notes which include bibliographical details and allusions, translations, references to secondary literature and selected passages from Reid's manuscripts. (shrink)

Exploitation and Economic Justice in the Liberal Capitalist State offers the first new, liberal theory of economic justice to appear in more than 30 years. The theory presented is designed to offer an alternative to the most popular liberal egalitarian theories of today and aims to be acceptable to both right and left libertarians too.

Alvin Plantinga has famously argued that the naturalist who accepts evolutionary theory has a defeater for all of her beliefs, including her belief in naturalism and evolution. Hence, he says, naturalism, when conjoined with evolution, is self defeating and cannot be rationally accepted. This is known as the evolutionary argument against naturalism (EAAN). However, Tyler Wunder (Religious Studies 51:391– 399, 2015) has recently shown that if the EAAN is framed in terms of objective probability and theism is assumed to be (...) non-contingent, then either theism is necessarily false or the EAAN is unsound. Neither option is attractive to the proponent of the EAAN. Perry Hendricks (Religious Studies 1–5, 2018) has responded to Wunder’s criticism, showing that the EAAN can be salvaged and, indeed, strengthened, by framing it in terms not of naturalism (N), but of a proposition that is entailed by N that is also consistent with theism. We will show that once Hendricks’ solution to Wunder’s objection is accepted, a puzzle ensues: if the EAAN provides the naturalist with a defeater for all of her beliefs, then an extension of it appears to provide God with a defeater for all of his beliefs. After bringing out this puzzle, we suggest several ways in which the proponent of the EAAN might solve it, but also show some potential weaknesses in these purported solutions. Whether the solutions to the puzzle that we consider ultimately succeed is unclear to us. (Translation: the authors disagree. One author thinks that the solutions (or,at least, some of them) that we consider do solve the puzzle while the other author does not.) However, it is clear to us that this is an issue that proponents of the EAAN need to address. (shrink)

Trials with highly unfavourable risk–benefit ratios for participants, like HIV cure trials, raise questions about the quality of the consent of research participants. Why, it may be asked, would a person with HIV who is doing well on antiretroviral therapy be willing to jeopardise his health by enrolling in such a trial? We distinguish three concerns: first, how information is communicated to potential participants; second, participants’ motivations for enrolling in potentially high risk research with no prospect of direct benefit; and (...) third, participants’ understanding of the details of the trials in which they enrol. We argue that the communication concern is relevant to the validity of informed consent and the quality of decision making, that the motivation concern does not identify a genuine problem with either the validity of consent or the quality of decision making and that the understanding concern may not be relevant to the validity of consent but is relevant to the quality of decision making. In doing so, we derive guidance points for researchers recruiting and enrolling participants into their HIV cure trials, as well as the research ethics committees reviewing proposed studies. (shrink)

There is widespread consensus that present patterns of consumption could lead to the permanent impossibility of maintaining those patterns and, perhaps, the existence of the human race. While many patterns of consumption qualify as ‘sustainable’ there is one in particular that deserves greater attention: virtual consumption. We argue that virtual consumption — the experience of authentic consumptive experiences replicated by alternative means — has the potential to reduce the deleterious consequences of real consumption by redirecting some consumptive behavior from shifting (...) material states to shifting information states. (shrink)

It has widely been assumed, by philosophers, that our first-person preferences regarding pleasurable and painful experiences exhibit a bias toward the future (positive and negative hedonic future-bias), and that our preferences regarding non-hedonic events (both positive and negative) exhibit no such bias (non-hedonic time-neutrality). Further, it has been assumed that our third-person preferences are always time-neutral. Some have attempted to use these (presumed) differential patterns of future-bias—different across kinds of events and perspectives—to argue for the irrationality of hedonic future-bias. This (...) paper experimentally tests these descriptive hypotheses. While as predicted we found first-person hedonic future-bias, we did not find that participants were time-neutral in all other conditions. Hence, the presumed asymmetry of hedonic/non-hedonic and first/third-person preferences cannot be used to argue for the irrationality of future-bias, since no such asymmetries exist. Instead, we develop a more fine-grained approach, according to which three factors—positive/negative valence, first/third-person, and hedonic/non-hedonic—each independently influence, but do not determine, whether an event is treated in a future-biased or time-neutral way. We discuss the upshots of these results for the debate over the rationality of future-bias. (shrink)

This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. (...) After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations. (shrink)

By spelling out the link between Transhumanism, the 4th Industrial Revolution, and globalism, which together form the economic thrust of mankind’s projected future, this paper invites a rethink about the direction envisaged by modern-day society. The underlying linking factor of these enterprises is the Humanist movement that, like Transhumanism, shares a Utopian view of the world and supplies the relative ethical underpinning for these ‘so-called’ new advances. Three Manifestos lay out the objectives of the Humanist Association, describing it as a (...) religion that is supposed to replace other older deity-based religions. Its progressive philosophy of life without theism or other supernational beliefs leads to a break with the past and affirms humans’ “ability and responsibility to lead ethical lives of personal fulfillment that aspire to the greater good.” Nevertheless, can we live ethical lives where the accent is on fulfilling only our personal desires, which include the right to unrestricted contraception, abortion and divorce and death with dignity eg. Euthanasia and suicide? Ethical relativism is taken to a new extreme by Transhumanism, which rests on the idea that humans should embrace self-directed human evolution using technology to transcend their current natural state and limitations, ie disease, ageing, and even death. According to this author, it is time we moved beyond the limited materialist view, not through global movements like Humanism and Transhumanism, but through exploring and discovering our spiritual nature and the spiritual underpinning of reality. Through this endeavor, we can learn to live in harmony with each other and nature, where the accent is on service to others. Based on experience, we soon realize that our happiness depends on others being happy and includes looking after the weak, the aged, and the infirm. Ethical relativism and lack of clear values will not get us there; on the contrary, they will probably lead to hell on earth. (shrink)

Within the Anglo-American world, economic liberalism is generally viewed as having only one progenitor—Adam Smith—and one offspring—neoliberalism. But it actually has two. The work of G. W. F. Hegel was also very influential on the development of economic liberalism, at least in the German-speaking world, and the most powerful contemporary instantiation of economic liberalism within that world is not neoliberlaism, but ordoliberalism, although this is generally unknown and certainly unacknowledged outside of Continental Europe. Accordingly, what I am going to be (...) doing in this piece is trying to bring ordoliberalism more directly into the light—I will argue that by comparing and contrasting the views of Smith and Hegel or at least between how Smith and Hegel tend to be currently (mis)understood, we can better understand both the roots and the nature of these two contemporary incarnations of economic liberalism, and the light this sheds, in turn, brings some interesting and important features of these two contemporary theories into view. From Smith, for example, neoliberals took the idea of the invisible hand, although I am going to argue that contemporary advocates of invisible hand theory have largely misconstrued or at the very least overstated the significance of this metaphor. From Hegel, in contrast, ordoliberals took the idea of the civil society, and I will argue that the civil society is a much better metaphor not only for Hegel's but also for Smith's views. Indeed, I will argue that ordoliberalism, not neoliberalism, is a better and more coherent instantiation of economic liberalism than neoliberalism could ever be. (shrink)

Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...) But not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embed in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally permitted and morally just. (shrink)

When faced with multiple claims to a particular good, what does distributive justice require? To answer this question, we need a substantive moral theory that will enable us assign relative moral weights to the parties' claims. But this is not all we need. Once we have assessed the moral weight of each party's claim, we still need to decide what method of distribution to employ, for there are two methods open to us. We could take the winner-take-all approach, and award (...) the good to the party with the strongest claim. On the other hand, we could divide the good proportionally, according to the relative strength of each party's claim. Because the choice between these two methods of distribution can have a dramatic impact on the resulting pattern of distribution, the choice presents a question of justice. But this is a question of justice that is often overlooked. As a result, we currently employ the principle of proportionality far less often than justice actually requires. If we focus on the question of distributive method, however, we are not only better able to understand how certain reasons enter into our all-things-considered moral judgments, we are also able to explain some perplexing but common aspects of our moral beliefs: how rights can be said to have peremptory force, yet still be balanced against other important interests; how justice can sometimes require compromise, yet sometimes require victory; and how a moral theory can avoid being too demanding while still being demanding enough. Key Words: autonomy • equality • indivisibility • inviolability • weighted lotteries • rights. (shrink)

The paper addresses the nature of duties grounded in human rights. Rather than being protections against harm, per se, I contend that human rights largely shield against risk impositions to protected interests. “Risk imposition” is a normative idea requiring explication, but understanding dutiful action in its terms enables human rights to provide prospective policy guidance, hold institutions accountable, operate in non-ideal circumstances, embody impartiality among persons, and define the moral status of agencies in international relations. Slightly differently, I indicate a (...) general understanding of dutiful action that permits human rights to see to the tasks of an institutional morality. (shrink)

Liberalism is today under attack. This attack is being fought along two fronts, and so appears to be coming from different directions, but it is actually coming exclusively from the right. One source is Islamic fundamentalism, and the other is American neo-conservatism, which in turn unites elements of Christian fundamentalism with elements of neo-Platonic political philosophy and neo-Aristotelian moral theory. Both Islamic fundamentalism and American neo-conservatism are perfectionist views, and while perfectionist attacks on liberalism are nothing new, there is a (...) special danger in the position that liberalism currently finds itself. Although bitterly opposed to each other and divided by utterly incompatible substantive views, these two sources of attack share many similarities at a more fundamental level of political theory. The purpose of this paper is accordingly to focus our attention on the similarities between these seemingly opposing perfectionist views, and to defend liberalism against one of the most serious accusations that perfectionists from both camps make against it—the claim that liberalism leads to nihilism. (shrink)

Some theorists believe that there is a plurality of values, and that in many circumstances these values are incommensurable, or at least incomparable. Others believe that all values are reducible to a single super-value, or that even if there is a plurality of irreducible values these values are commensurable. But I will argue that both sides have got it wrong. Values are neither commensurable nor incommensurable, at least not in the way most people think. We are free to believe in (...) incommensurability or not, depending on what particular conception of morality we want to embrace. Incommensurability is accordingly not a theory about value. It is a presupposition that provides a necessary background condition for a certain kind of value to exist. It is therefore not the kind of view that can be morally true or false. As a presupposition, it can only be accepted or rejected on grounds that do not presuppose that morality already exists. Incommensurability is, like the rejection of hard determinism, one of the presuppositions on which morality as we know it happens to be based. (shrink)

In this article, I show the role that the philosopher of cognitive science can cur-rently play in cognitive science research. I argue for the important, and not yet considered, role of the philosophy of cognitive science in cognitive science, that is, the importance of cooperation between philosophers of science with cogni-tive scientists in investigating the research methods and theoretical assump-tions of cognitive science. At the beginning of the paper I point out, how the philosopher of science, here, the philosopher of (...) cognitive science, can participate in interdisciplinary research. I am opting of the cooperation in investigating the so-called reflective problems. Then, I discuss four examples of issues important for the cognitive science, in which the competences possessed by the philosopher are useful. At the ending I point out wider landscape of possible cooperation of philosophers with cognitive scientists. (shrink)

For years now, public education, and especially public higher education has been under attack. Funding has been drastically reduced, fees increased, and the seemingly irresistible political force of ever-tightening austerity budgets threatens to cut it even more. But I am not going to take the standard line that government financial support for public higher education should be increased. I view that battle as already lost. What I am going to propose is that we stop arguing about the allocation or reallocation (...) of ever more scarce public resources and think of another way to fund public higher education. It's time for a new approach, one that satisfies the left's claim that higher education should be affordable for all, yet one that does not involve increasing expenditure of public funds or commit the government to entitlement programs that it cannot now or at least cannot long afford. What we need is a new proposal that is acceptable to both sides if we are to bring public education into the twenty-first century. And this is what this paper is devoted to providing. (shrink)

Online education has become an essential component of education. Thus, several factors, such as the student’s learning strategy and motivation, generally contribute to their academic success. This study investigates the relationship between learning strategies, motivation, and online learning environment among 150 first-year college students. Employing correlational design, the statistical findings of the study reveal that the r coefficient of 0.59 indicates a moderate positive correlation between the variables. The p-value of 0.00, which is less than 0.05, leads to the decision (...) to reject the null hypothesis. Hence, a significant relationship exists between learning strategies, motivation, and the online learning environment. (shrink)

Throughout the ages, people of all creeds, backgrounds, and cultures have dedicated their lives to search for a higher reality where the visionary experience of Cosmic Consciousness brought about through mystical union, is part of an inner process which may lead to enlightenment. Traditions in India hold that this urge to find the truth involves awakening kundalini energy. In its dormant state, this serpent energy is said to lie coiled up at the base of the spine. In search of a (...) biological basis of the religious impulse, we look at early embryonic human development, which is seen as being guided by higher cosmic forces. On approximately day 30-33, the human embryo begins to grow a tail, which then disappears. The corresponding development of the heart during this phase resembles that of reptiles. Linking the time lapse between the formation and absorption of the tail with an increase in voltage between the tail and the head suggests that on intake, the increase in charge could result in the potential at the base of the spine where it lies dormant until used either for procreation or reverse itself up to join the cosmic source from which it originated. To further our understanding of kundalini energy and its connection to light, we also consider these terms from various perspectives, including quantum physics. (shrink)