A strange dialectical reversal characterizes the oppositions which psychoanalysis posits against philosophy and neuroscience: what psychoanalysis intervenes with as a unique and missing quality of these subjects, reveals itself upon enquiry as already having been a feature of said subjects. This article first discusses the failed intervention of psychoanalysis within the perceived totalities and absolutes of German idealism. Psychoanalysis, founded on an ontological division and internal inconsistency with a retroactive logic, finds this internal contradiction already reflected within the supposed totalities (...) of Schelling and Hegel. Schelling’s “blind act,” a decision with no prior foundation that grounds an abstract identity-in-itself, appears as the counterpart to what Badiou calls the strictly “analytic act.” Hegel’s Science of Logic, in which the inconclusive interpenetration of being and nothing presupposes its own conclusion in the transitions to essence, and in which an internal incompleteness and contradiction are retroactively constitutive of the concept, similarly nullifies the intervention of psychoanalysis. Finally, precisely such a reversal is presented in neuroscience, where the constitutive contradiction of contingently functional neuronal formations in the adaptive “multiple demand” model of executive functioning repeats the contingent and self-contradicting psychoanalytic subject as being its own deference within linguistic, discursive formations. (shrink)

Modal realism is an ontological claim according to which there exist many possible worlds just like our actual world. Since it is so hard to believe, modal realism has only a few advocates. However, it is well known that alternative theories have serious problems. It is one of the central issues of metaphysics to find a persuasive way to reject modal realism. In this paper, I will suggest that it could be accomplished with help of metaontology-one of the topics of (...) metaphysics which has recently discussed intensely. I will show how we could argue against modal realism from the metaontological point of view. (shrink)

Modal realism is an ontological position made familiar by David Lewis, according to which there exist possible worlds other than the actual world that we inhabit. It is hard to uphold modal realism, and indeed modal realism has only a few advocates. However, as most contemporary metaphysicians agree, this does not mean that it is easy to refute modal realism. In this paper, I argue against modal realism from a metaontological point of view. First, I provide a precise formulation of (...) modal realism based on Lewis’ discussion of modal realism. Second, I argue that modal realism is undermined unless it incorporates a view of metaontology known as ontological realism. Third, I point out that if modal realism incorporates ontological realism, it comes into conflict with its own formulation. (shrink)

McTaggart’s paradox and his A-theory and B-theory are basic notions in the contemporary philosophy of time. It is well known that the paradox was introduced by McTaggart’s paper called “The Unreality of Time” published in 1908, so that it has a one-hundred-year history. As for A-theory and B-theory, in contrast, McTaggart himself didn’t consider both of them at all. The notions of A-theory and B-theory came much later, 60 years after the paradox. Moreover, they had not been as popularized as (...) they are today until quite recently, at least after the 1990s. This paper aims to trace the origin of the notions of A-theory and B-theory and show how the debates behind them, especially objections to “spatialising time,” form the notions. (shrink)

Hegel insists that the category ‘nature’, expressed in relation to the ideal of aesthetic beauty, is not nature as such but a supplementary deviation coloured by the subjective position from which this ‘nature’ is posited. We cannot distinguish nature ‘in itself’ from the ideological-artistic conditions of the distorted ‘use’ of nature. Nature exists to us only by reference to what is subjectively treated as non-natural. A similar relation is posited by Lacan in his famous assertion that ‘there is no sexual (...) relation’. For Freud and Lacan, the ‘all too human’ sexual drive derives from a deviated/distorted enjoyment of the initial failure to enjoy a purely natural sexual relation: an inevitably castrated enjoyment, where ‘natural’ sexuality is revealed as impossible. In other words, sexuality is for Lacan and Freud its own distortion of the category of ‘natural’. Sexuality is a perpetually distorted and abnormal form of enjoyment, for which the alternative is not ‘normal/natural enjoyment’, but rather the negative state of a fundamental lack of any relation. Through Hegel and sexuality, this paper argues that the unavoidable misuse of nature is not caused by improper application/categorisation, but instead reflects an internal incompleteness or indeterminacy in nature as a category. (shrink)

This article considers the historical tension in conceptualising Marx's materialism (dialectical and historical) as either a break from, or a fidelity to, Hegelian dialectics, and the methods by which this tension is itself subsumed under an insistence on vindicating the radical irreducibility of Marxist thought. Ultimately, however, it is argued that the question of whether Marx should or should not be framed alongside Hegel is the wrong question. It is not a question of 'Marx by himself' or 'Marx and... [Hegel]', (...) but rather of 'Marx without himself': as with any radical event in the history of ideas, it is a benefit to Marx's innovativeness that he can be retrospectively articulated according to historical traditions whilst simultaneously breaking from them. -/- . (shrink)

What is the exact relationship between analytic philosophy and philosophy of science? In this paper, I will address this question from the perspective of research traditions, with the help of recent histor- ical studies on analytic philosophy. The two groups are particularly focused: the Polish philosophers and the logical empiricists in Berlin. Neither of them is unknown to us. However, by taking seriously their connection to the development of analytic philosophy and philosophy of science as research traditions, I believe, the (...) understanding of our own tradition may be improved. (shrink)

In this paper, I try to defend Presentism. First of all, I explore how Presentism diverges to its versions and show that none of them, which include the currently standard Presentism that invokes tense logic, are tenable. Next, I point out that some philosophers argue that by replacing the Quinean criterion of existence with the Truthmaker Principle, another version of Presentism, which invokes tensed properties, can emerges. However, this version has a highly implausible conclusion. Finally, I argue that it can (...) be avoided by taking the evidences of the past or future truths to be typical truthmakers of them. (shrink)

Schelling and Deleuze are polarised respectively as philosopher of identity and philosopher of difference par excellence. Schelling grounds reason in his early Naturphilosophie in the a priori identity deduced from the abstraction of the proposition A=A. Deleuze, however, reworks the Platonic Idea and Nietzsche’s Eternal Return in the service of an a priori ‘problematic being’, an ontological difference-in-itself, which precedes metaphysical identity. Despite their apparently polarised metaphysical groundwork, they stumble across a similar consequence: the distinction between subject and object, and (...) any problematic derived thereof, is in consequence of the ontological constitution of the object itself. The paradox of objectivity as indifference to an a priori difference or identity is presented, and preliminarily suggested to be due to the Deleuze-Schelling opposition not being a difference-identity opposition, but an opposition between difference and a ‘blind act’ which retroactively precedes the making-identical to itself of the one as distinguished from the many. (shrink)

Monism is a metaphysical view according to which there is only one fundamental object. This paper will explore monism within the context of truthmaker theory, or Truthmaker Monism, a view rarely discussed in literature. Although few truthmaker theorists defend monism, at least explicitly, some theories seem to share the spirit of monism to some extent. Interestingly, they are proposed as solutions for the same problem, called the problem of negative truth. A close examination will show that while each of these (...) solutions can account for the problem, they are unsatisfactory for different reasons. This paper will suggest a novel solution to the problem of negative truth which preserves the advantages of existing solutions while avoiding the difficulties with which they are faced. (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)