Review of Tsarnia Doyle, Nietzsche's Metaphysics of the Will to Power: The Possibility of Value.

Is it possible that the most famous critic of quantum mechanics actually invented most of its fundamentally important concepts? -/- In his 1905 Brownian motion paper, Einstein quantized matter, proving the existence of atoms. His light quantum hypothesis showed that energy itself comes in particles (photons). He showed energy and matter are interchangeable, E = mc2. In 1905 Einstein was first to see nonlocality and instantaneous action-at-a-distance. In 1907 he saw quantum “jumps” between energy levels in matter, six years before (...) Bohr postulated them in his atomic model. Einstein saw wave-particle duality and the “collapse” of the wave in 1909. And in 1916 his transition probabilities for emission and absorption processes introduced ontological chance when matter and radiation interact, making quantum mechanics statistical. He discovered the indistinguishability and odd quantum statistics of elementary particles in 1925 and in 1935 speculated about the nonseparability of interacting identical particles. -/- It took physicists over twenty years to accept Einstein’s light-quantum. He explained the relation of particles to waves fifteen years before Heisenberg matrices and Schrödinger wave functions. He saw indeterminism ten years before the uncertainty principle. And he saw nonlocality as early as 1905, presenting it formally in 1927, but was ignored. In the 1935 Einstein-Podolsky-Rosen paper, he explored nonseparability, which was dubbed “entanglement” by Schrödinger. The EPR paper has gone from being irrelevant to Einstein’s most cited work and the basis for today’s “second revolution in quantum mechanics.” -/- In a radical revision of the history of quantum physics, Bob Doyle develops Einstein’s idea of objective reality to resolve several of today’s most puzzling quantum mysteries, including the two-slit experiment, quantum entanglement, and microscopic irreversibility. (shrink)

In epistemology and philosophy of science, there has been substantial debate about truth’s relation to understanding. “Non-factivists” hold that radical departures from the truth are not always barriers to understanding; “quasi-factivists” demur. The most discussed example concerns scientists’ use of idealizations in certain derivations of the ideal gas law from statistical mechanics. Yet, these discussions have suffered from confusions about the relevant science, as well as conceptual confusions. Addressing this example, we shall argue that the ideal gas law is best (...) interpreted as favoring non-factivism about understanding, but only after delving a bit deeper into the statistical mechanics that has informed these arguments and stating more precisely what non-factivism entails. Along the way, we indicate where earlier discussions have gone astray, and highlight how a naturalistic approach furnishes more nuanced normative theses about the interaction of rationality, understanding, and epistemic value. (shrink)

This book is an introduction to The Metaphysicist, the second Information Philosopher website, a work in progress on some classical questions in philosophy that 20th-century logical positivists and analytic language philosophers dis-solved as pseudo-problems. -/- The Metaphysicist analyzes the information content in twenty classic problems in metaphysics - Abstract Entities, Being and Becoming, Causality, Chance, Change, Coinciding Objects, Composition (Parts and Wholes), Constitution, Free Will or Determinism, God and Immortality, Identity, Individuation, Mind-Body Problem, Modality, Necessity or Contingency, Persistence, Possibility and (...) Actuality, Space and Time, Truth, Universals, Vagueness, and the 20th-century problem of WaveParticle Duality. -/- The Metaphysicist also includes pages on the classic paradoxes and puzzles used for millennia to wrestle with these metaphysical problems The Debtor’s Paradox, Dion and Theon, The Growing Argument, The Infinite Regress, The Problem of the Many, The Ship of Theseus, The Sorites Puzzle, The Statue and the Clay, and Tibbles, the Cat. -/- Information philosophy is a new philosophical methodology that goes “beyond logic and language” to the underlying information structures in the cosmos, in the world, in biological systems, and in the human mind - structures without which logic, language, and science would be impossible. (shrink)

Barz (2018) contends that there is no specification of the phenomenon of first-person authority that avoids falsity or triviality. This paper offers one. When a subject self-ascribes a current conscious mental state in speech, there is a presumption that what she says is true. To defeat this presumption, one must be able to explain how she has been led astray.

According to Pessimism about moral testimony, it is objectionable to form moral beliefs by deferring to another. This paper motivates Pessimism about another source of moral knowledge: propositional memory. Drawing on a discussion of Gilbert Ryle’s on forgetting the difference between right and wrong, it argues that Internalism about moral motivation offers a satisfying explanation of Pessimism about memory. A central claim of the paper is that Pessimism about memory (and by extension, testimony) is an issue in moral psychology rather (...) than moral epistemology. That is because it is best explained by appeal to claims about the constitution of moral knowledge as a state of mind, rather than requirements on belief formation. The paper also provides reason to think that the focus on testimony, pervasive in the literature, is something of a red herring. (shrink)

Since the end of the Cold War, international ethicists have focused largely on issues outside the traditional scope of security studies. The nuclear ethics literature needs to be revived and reoriented to address the new and evolving 21st century nuclear threats and policy responses.

Random noise in the neurobiology of animals allows for the generation of alternative possibilities for action. In lower animals, this shows up as behavioral freedom. Animals are not causally predetermined by prior events going back in a causal chain to the origin of the universe. In higher animals, randomness can be consciously invoked to generate surprising new behaviors. In humans, creative new ideas can be critically evaluated and deliberated. On reflection, options can be rejected and sent back for “second thoughts” (...) before a final responsible decision and action. When the indeterminism is limited to the early stage of a mental decision, the later decision itself can be described as adequately determined. This is called the two-stage model, first the “free” generation of ideas, then an adequately determinism evaluation and selection process we call “will.”. (shrink)

From the time of Confucius and Aristotle up until the present day, theorists have argued that the individual self exists only as an aspect of social structures. The claim is not merely that the self is causally affected by social structures; but that the self is just social structure. The most recent iteration of this claim comes in book-length from Brian Lowery, though the argument was made more completely by Charles Taylor and Kenneth Gergen in the preceding decades. The most (...) rigorous version of the argument draws on Wittgenstein, claiming that thought itself is impossible without socially constructed meanings. Wittgenstein argued that a “private language” would be incoherent because the person using the language could not have any criteria by which to judge the correctness of the symbols used. However, this reasoning fails as an argument against individualized thought because it applies equally well to the use of public languages. So this paper argues that eliminative social constructivism has never made any sense, least of all in its latest form. (shrink)

Research into two-stage models of “free will” – first “free” random generation of alternative possibilities, followed by “willed” adequately determined decisions consistent with character, values, and desires – suggests that William James was in 1884 the first of a dozen philosophers and scientists to propose such a two-stage model for free will. We review the later work to establish James’s priority. By limiting chance to the generation of alternative possibilities, James was the first to overcome the standard two-part argument against (...) free will, i.e., that the will is either determined or random. James gave it elements of both, to establish freedom but preserve responsibility. We show that James was influenced by Darwin’s model of natural selection, as were most recent thinkers with a two-stage model. In view of James’s famous decision to make his first act of freedom a choice to believe that his will is free, it is most fitting to celebrate James’s priority in the free will debates by naming the two-stage model – first chance, then choice -“Jamesian” free will. (shrink)

Is human free will compatible with the natural laws of the universe? To “compatibilists” who see free actions as emanating from the wants and reasons of human agents, free will looks perfectly plausible. However, “incompatibilists” claim to see the more ultimate sources of human action. The wants and reasons of agents are said to be caused by physical processes which are themselves mere natural results of the previous state of the world and the natural laws which govern it. This paper (...) argues that the incompatibilists make a mistake in appealing to such non-agent sources of human action. They fail to realize that free will may exist at one scale, but not at the scales where they look. When free will is considered from the correctly scaled perspective, it does seem compatible with determinism and natural laws. (shrink)

This article advances a critical analysis of John Rawls’s justification of liberal democratic nuclear deterrence in the post-Cold War era as found in The Law of Peoples. Rawls’s justification overlooked how nuclear-armed liberal democracies are ensnared in two intransigent ethical dilemmas: one in which the mandate to secure liberal constitutionalism requires both the preservation and violation of important constitutional provisions in domestic affairs, and the other in which this same mandate requires both the preservation and violation of the liberal commitment (...) to international legal arrangements and to the rule of law generally. On this view, the choice to violate constitutional provisions and international legal arrangements is evidence of nuclear despotism. Moreover, this choice does not imply that the ethical foreign policy dilemmas were resolved. Instead, it implies that the dilemmas force liberal democratic governments into implementing ethically paradoxical policy outcomes. (shrink)

A survey of popular textbooks and websites on philosophy produces a ­remarkable consensus on the great problems facing philosophers from ­ancient to modern times. They typically include metaphysics - what is there?, the problem of knowledge - how do we know what exists?, the mind/body problem - can an immaterial mind move the material body?, the “hard problem” of consciousness, freedom of the will, theories of ethics - is there an objective universal Good?, and problems from theology - does God (...) exist?, is God responsible for evil? This book introduces the Information Philosopher website, a work in progress on several classic questions in philosophy that ­logical positivists and analytic language philosophers thought they could ­­dis-solve as logical puzzles, pseudo-problems, or conceptual errors. (shrink)

One of the central criteria for free will is “Could I have done otherwise?” But because of a temporal asymmetry in human choice, the question makes no sense. The question is backward-looking, while human choices are forward-looking. At the time when any choice is actually made, there is as of yet no action to do otherwise. Expectation is the only thing to contradict (do other than). So the ability to do something not expected by the ultimate expecter, Laplace’s demon, is (...) a better criterion for free will. If human action is fundamentally unpredictable, then we have free will. Scientists have studied a form of fundamental unpredictability, known as undecidability. The features that make a system capable of undecidable dynamics have been identified: program-data duality; potential to access an infinite computational medium; and the ability to implement negation. Humans have all three of these features, so we very likely are fundamentally unpredictable, so we have free will. (shrink)

Recent revelations of Iran’s hitherto undisclosed uranium enrichment programs have once again incited western fears that Tehran seeks nuclear weapons’ capability. Their fears seem motivated by more than the concern for compliance with the Nuclear Nonproliferation Treaty (NPT). Rather, they seem strongly connected to the western moral assumptions about what kind of government or people can be trusted with a nuclear arsenal. In this paper, I critically examine the western assumptions of the immorality of contemporary nuclear proliferation from an international (...) ethical stance that otherwise might be expected to give it unequivocal support – the stance of Kantian nonideal theory. In contrast to the uses of Kant that were prominent during the Cold War, I advance and apply a sketch of a Kantian nonideal theory that specifies the conditions (although strict conditions) under which nuclear proliferation for states like Iran is morally permissible even though the NPT forbids it. (shrink)

Isaiah Berlin made the distinction between negative liberty and positive liberty. Since then, prominent contemporary philosophers including Charles Taylor and Martha Nussbaum have declared negative liberty insufficient or incoherent. This is a critique of those declarations, which have been unduly accepted to a large extent. The critique primarily focuses on Taylor, who made the most direct and complete argument against negative liberty. His argument is shown to be ineffective. And further, his conception of positive liberty is shown to be incoherent.

In this critical notice, I review and critique ‘Psychiatric Casualties’ (2021) by Mark C. Russell and Charles Figley. In so doing, I analyze a natural experiment from WWII, which has previously only been misinterpreted. The natural experiment leads me to conclude that predisposition results in some individuals being far more likely than others to develop war stress disorders such as PTSD. This point puts me in disagreement with Russell and Figley, though I endorse the general message of their book: that (...) the military has failed in its responsibility to properly care for psychiatric casualties, and that there are steps which could be taken to improve the situation. (shrink)

A collaborative article by the Editorial Collective of Social Imaginaries. Investigations into social imaginaries have burgeoned in recent years. From ‘the capitalist imaginary’ to the ‘democratic imaginary’, from the ‘ecological imaginary’ to ‘the global imaginary’ – and beyond – the social imaginaries field has expanded across disciplines and beyond the academy. The recent debates on social imaginaries and potential new imaginaries reveal a recognisable field and paradigm-in-the-making. We argue that Castoriadis, Ricoeur, and Taylor have articulated the most important theoretical frameworks (...) for understanding social imaginaries, although the field as a whole remains heterogeneous. We further argue that the notion of social imaginaries draws on the modern understanding of the imagination as authentically creative. We contend that an elaboration of social imaginaries involves a significant, qualitative shift in the understanding of societies as collectively and politically-instituted formations that are irreducible to inter-subjectivity or systemic logics. After marking out the contours of the field and recounting a philosophical history of the imagination, the essay turns to debates on social imaginaries in more concrete contexts, specifically political-economic imaginaries, the ecological imaginary, multiple modernities and their inter-civilisational encounters. The social imaginaries field imparts powerful messages for the human sciences and wider publics. In particular, social imaginaries hold significant implications for ontological, phenomenological and philosophical anthropological questions; for the cultural, social, and political horizons of contemporary worlds; and for ecological and economic phenomena. The essay concludes with the argument that social imaginaries as a paradigm-in-the-making offers valuable means by which movements towards social change can be elucidated as well providing an open horizon for the critiques of existing social practices. (shrink)

Ontology is one strategy for promoting interoperability of heterogeneous data through consistent tagging. An ontology is a controlled structured vocabulary consisting of general terms (such as “cell” or “image” or “tissue” or “microscope”) that form the basis for such tagging. These terms are designed to represent the types of entities in the domain of reality that the ontology has been devised to capture; the terms are provided with logical defi nitions thereby also supporting reasoning over the tagged data. Aim: This (...) paper provides a survey of the biomedical imaging ontologies that have been developed thus far. It outlines the challenges, particularly faced by ontologies in the fields of histopathological imaging and image analysis, and suggests a strategy for addressing these challenges in the example domain of quantitative histopathology imaging. The ultimate goal is to support the multiscale understanding of disease that comes from using interoperable ontologies to integrate imaging data with clinical and genomics data. (shrink)

Interoperability across data sets is a key challenge for quantitative histopathological imaging. There is a need for an ontology that can support effective merging of pathological image data with associated clinical and demographic data. To foster organized, cross-disciplinary, information-driven collaborations in the pathological imaging field, we propose to develop an ontology to represent imaging data and methods used in pathological imaging and analysis, and call it Quantitative Histopathological Imaging Ontology – QHIO. We apply QHIO to breast cancer hot-spot detection with (...) the goal of enhancing reliability of detection by promoting the sharing of data between image analysts. (shrink)

James Doyle’s book interprets and defends the arguments of G. E. M. Anscombe’s essays “Modern Moral Philosophy” and “The First Person.” Though both essays are widely cited, Doyle argues that in each instance Anscombe’s readers have missed the force of her arguments, which, when properly understood, are able to withstand the common objections to them.Anscombe’s “Modern Moral Philosophy” is commonly read as arguing that talk of moral obligation, permission etc., once had a legitimate place within conceptual frameworks that (...) included the existence of a divine legislator, and can be vindicated outside that framework by adopting the schema of a neo-Aristotelian virtue ethics. But Doyle argues convincingly that this is... (shrink)

James Doyle’s book is provocative and timely. It is an important contribution to the current wave of Anscombe scholarship, and it offers valuable insights into general metaethical ques­tions, such as: In what senses might morality be “unintelligible”? Or: To what extent does a divine law ethics rest on practical reason? Here, I do not want to summarize the many ad­mirable features of Doyle’s book. I will instead focus on his two main theses, of which I re­main unconvinced.

Michael Walzer’s use of John Stuart Mill’s A Few Words on Non-Intervention (1859) helped to inaugurate it as a canonical text of international theory. However, Walzer’s use of the text was highly selective because he viewed the first half as a historically parochial discussion of British foreign policy, and his interest in the second was restricted to the passages in which Mill proposes principles of international morality to govern foreign military interventions to protect third parties. As a result, theorists tend (...) to see those canonized passages as if through a glass darkly. Attention to the detail and context of Mill’s first-half critique of Lord Palmerston’s opposition to the Suez Canal project reveals that his discussion of purely protective intervention is embedded in a broader exploration of the limits of self-defence, including the moral permissibility of preventive military force and the use of protective interventions for defensive purposes. Moreover, reading the text holistically facilitates a refutation of some objections directed at it by Michael Doyle to the effect that Mill’s conception of self-defence incorporates elements of aggression which makes it extremely dangerous when adapted for application to the contemporary world. (shrink)

This issue of Technoetic Arts: A Journal of Speculative Research (TA) encompasses eight articles by artists and scholars from around the globe who engage with methodologies of art practice within research that reflects on technological and ecological change, contributing to the discourse on the inclusion of subjective experience in research. The articles by authors Dulmini Perera, Kate Doyle, Nora S. Vaage, Merete Lie, Nikita Peresin Meden, Kristina Pranjić, Peter Purg, Nicolaas H. Jacobs, Marth Munro, Chris Broodryk, Semi Ryu, Rahul (...) Mahata, Doreswamy, Sana Altaf and Aqib Javid Parry form a collection that crosses disciplines and genres to engage in fundamental critique of existing modes of enquiry and conclusion. The texts situate art and design methodologies in particular cultural contexts and in relation to frameworks defined by research methodologies of the sciences and humanities to gain agency for critique and to counter a sense of inevitability that has come to mark the most recent crises. (shrink)

This paper aims to support my (2018) skeptical position on the possibility of a correct and philosophically significant specification of first-person authority. For this purpose, I critically examine the proposals presented by Doyle (2021) and Winokur (2022) in response to my position and argue that while these proposals contain some ingenious ideas, they ultimately fall short of providing correct and philosophically significant specifications. Ultimately, the search for an adequate specification of first-person authority remains unresolved.

Symposium on Nietzsche's Constructivism (Routledge, 2018), replies to Adler, Cabrera, Doyle, Migotti, Sinhababu, Pedersen.

In recent metaphysics, the questions of whether fictional entities exist, what their nature is, and how to explain truths of statements such as “Sherlock Holmes lives at 221B Baker Street” and “Holmes was created by Arthur Conan Doyle” have been subject to much debate. The main aim of my thesis is to wrestle with key proponents of the abstractionist view that fictional entities are abstract objects that exist (van Inwagen 1977, 2018, Thomasson 1999 and Salmon 1998) as well as (...) Walton’s (1990) pretense view, which denies the existence of such entities. In the process, I propose modifications to these views to deal with problems they face and show how the modifications better account for the philosophical data. -/- Key abstractionists (van Inwagen 1977, Thomasson 1999) make a strict distinction between discourse within fiction, in which statements about literary characters cannot be literally true, and discourse about fiction, as it occurs in literary criticism, where statements about fictional characters can be literally true. Fictional objects are postulated to account for the truth of the latter. This runs into trouble because statements thought to be literally true are not literal. (Yagisawa 2001, Friend 2002) I provide a uniform analysis to account for the truth of statements involving fictional characters by appealing to a presupposition involving a metaphor in both contexts. The presupposition is that there is an x such that x is fictional; x is likened to a real person; and x is and ought to be treated/counted as a real person for all relevant intents and purposes. -/- More generally, I adopt Everett and Schroeder’s (2015) realist view that fictional characters are ideas constituted by mental representations. This, to me, better accounts for how fictional characters are created within the world’s causal nexus (unlike non-spatiotemporal entities in abstractionism), among other things. One key challenge they face is to explain how ideas can possess properties such as being a detective. I present a fine-grained version of their view, according to which the mental representations constituting fictional entities encode mind-dependent properties. Moreover, I explain how reference to such representations is possible, using Bencivenga’s (1983) Neo-Kantian view of reference and Karttunen’s (1976) view on discourse referents. Finally, I suggest that the identity of fictional characters is interest-relative. The constant, and sometimes radical, change of properties that, fictional characters can undergo is taken to be a consequence of the fact that unified mental representations are bundles of simpler mental representations. As change occurs, simpler representations are replaced by others. -/- A key theme that runs through the thesis is that neither fictionality nor pretense is relevant to the semantics of fictional sentences—a claim bolstered by Matravers’ (2014) arguments. Whether or not my account works, this claim, as well as the new philosophical data I bring up, are some of the challenges I pose to the heart of established views. (shrink)

Fiction is the favorite of most of the readers. Fiction is the reflection of the societal living and lives of human beings as observed by the writer. The writer also will have individual experiences, ideas, likes, dislikes, philosophy which influence and mold his writings. Fiction is famous as short-fiction and novel. Though fictitious, and also because fictitious, fiction takes possession of minds and hearts of readers more than any other literary genre. Their imaginations sore and they get engrossed in the (...) reading of fiction. Fiction is very good in engaging and passes time to the readers. The scholarship, study, reading, worldly knowledge and observation will make one a good fiction writer. The influence of earlier famous fiction writers will mold the writing of author. I am influenced by stories from the Ramayana and the Mahabharata, Panchatantra, Hitopadesa, Jataka Tales, Somerset Maugham, O. Henry, P.G. Wodehouse, Boris Pasternak, Sir Conon Doyle, Saratchanda Chaterjee, Sripada Subrahmanya Sastry, Satyam Sankarmanchi, mostly and many foreign and Indian fiction-writers. My style of writing is mostly in first person-the aatmaasraya narration. (shrink)

There are things of which it is true to say that there are no such things. How can we resolve this paradox? Panayot Butchvarov argues that there are objects of reference that are not also entities, where the former must merely be thinkable but the latter must be indefinitely re-identifiable. This paper argues that fictional and many other unreal objects are indeed indefinitely re-identifiable, so they must be counted as existing things on Butchvarov's theory. The paradox is best resolved by (...) distinguishing among domains of existence: Sherlock Holmes exists in the unrestricted domain of objects and in the fictional domain created by Conan Doyle, but not in the domain of the real world. Thus to exist and to be real are different things; all objects exist in some domain, but only real objects really exist. (shrink)

This paper explores the theoretical compatibility of substance dualism with a physicalist framework, challenging the notion that physicalism inherently precludes dualism. Acknowledging foundational physicalist principles like reductionism, weakly-emergent consciousness, conservation laws, and the limited impact of quantum indeterminacy, we challenge the conclusion that the universe is thus causally closed. Instead, we propose a speculative model where an extra-physical entity (akin to a “soul”) might intentionally influence quantum outcomes, and examine it as a possible mechanism for libertarian free will. We consider (...) the “amplification problem” faced by the approach: the challenge of scaling subtle quantum influences, typically inconsequential, to a level that significantly impacts processes associated with human free will. Bob Doyle's Cogito model provides a solution, wherein quantum-level events can be linked to conscious human choices. Our paper does not seek to demonstrate that such a dualist model is probable, only that it is possible to construct a plausible dualist model within established scientific parameters. (shrink)

The book covers scientific and philosophical topics by bringing them closer to literature. Some topics are scientific explanation, the concept of cause, rational argumentation, pseudoscience, language, ethics, philosophy of mind, posthumanism, and democracy. Summary Prefazione di Severino Saccardi. Introduzione. Capitolo 1: Le scrivanie di Eddington. 1.1. Il vecchio Qfwfq (I. Calvino. Le cosmicomiche). 1.2. L’assassino invisibile (L.F. Celine, Il dottor Semmelweis). 1.3. Gli gnommeri di Ingravallo (C.E. Gadda, Quer pasticciaccio brutto de via Merulana). 1.4. I sergenti di Napoleone (L. Tolstoj, (...) Guerra e pace). 1.5. Tex e il Coyote nero (G. Bonelli, Il Coyote nero). 1.6. “Elementare Watson!” (A.C. Doyle, Il segno dei quattro). Capitolo 2. Non saranno mai delusi. 2.1. L’albero di Natale. (V. Perrin, Cambiare l’acqua ai fiori). 2.2. Il dagherrotipo di Buendia. (G.G. Marquez, Cent’anni di solitudine). 2.3. Don Ferrante e la peste. (A. Manzoni, I promessi sposi). Capitolo 3. Capitolo puffo. 3.1. L’Accademia di Lagado. (J. Swift, I viaggi di Gulliver). 3.2. Bruto è uomo d’onore. (W. Shakespeare, Giulio Cesare). 3.3. Le oche mute. (G. Orwell, 1984). Capitolo 4. “Quarantadue!” 4.1. Lo zio N’Ba N’Ga. (I. Calvino, Le cosmicomiche). 4.2. La mosca cocchiera. (J. de La Fontaine, Favole). 4.3. Il fiore del dr. Dek. (E. Salgari, Le meraviglie del Duemila). Capitolo 5. L’ultimo uomo. 5.1. La pernice accusatrice. (Cyrano de Bergerac, Gli stati e gli imperi del Sole). 5.2. Pallino in via Mjasnickaja. (M.A. Bulgakov, Cuore di cane). Capitolo 6. Scenari perturbanti. 6.1. Dissipatio. (G. Morselli, Dissipatio H.G.). 6.2. Un mammifero meccanizzato. (S. Butler, Erewhon). 6.3. Mlle Olimpia. (E.T.A. Hoffmann, Racconti notturni). Capitolo 7. La gente perbene. 7.1. La balena bianca. (H. Melville, Moby Dick). 7.2. Betsabea Everdeene. (T. Hardy, Via dalla pazza folla). 7.3. Un’idea francese. (C. McCarthy, Cavalli selvaggi). 7.4. Le montagne del Montana. (D. Delillo, Rumore bianco). (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)