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)

Using artificial intelligence (AI) to make decisions in human resource management (HRM) raises questions of how fair employees perceive these decisions to be and whether they experience respectful treatment (i.e., interactional justice). In this experimental survey study with open-ended qualitative questions, we examine decision making in six HRM functions and manipulate the decision maker (AI or human) and decision valence (positive or negative) to determine their impact on individuals’ experiences of interactional justice, trust, dehumanization, and perceptions of decision-maker role appropriate- (...) ness. In terms of decision makers, the use of human decision makers over AIs generally resulted in better perceptions of respectful treatment. In terms of decision valence, people experiencing positive over negative decisions generally resulted in better perceptions of respectful treatment. In instances where these cases conflict, on some indicators people preferred positive AI decisions over negative human decisions. Qualitative responses show how people identify justice concerns with both AI and human decision making. We outline implications for theory, practice, and future research. (shrink)

Without doubt, the principle of least action is a fundamental principle in classical mechanics. Contemporary physicists, however, consider the PLA as a purely mathematical principle – even an axiom which they cannot completely justify. Such an account stands in sharp contrast with the historical meaning of the PLA. When the principle was introduced in the 1740s, by Pierre-Louis Moreau de Maupertuis, its meaning was much more versatile. For Maupertuis the principle of least action signified that nature is thrifty or economical (...) in all its actions, i.e., that nature avoids to do anything unnecessary. Maupertuis understood the principle in teleological terms and even considered the principle as an expression of God’s wisdom. It has been correctly pointed out by historians that Maupertuis in his later years moved towards a more speculative and metaphysical approach, whereas his contemporary Euler and later Lagrange, wanted to avoid such theological and metaphysical implications and frame the PLA in purely mathematical terms. Such readings, however, have had the unintended side-effect that they lose out of sight the question how the mathematical and metaphysical aspect of the principle of least action fit together within Maupertuis’ own work. Investigating if and how the mathematical and metaphysical aspects of the PLA are compatible within Maupertuis’ thought will be the main goal of this paper. (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)

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.

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)

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.

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)

Forms of Artificial Intelligence (AI) are already being deployed into clinical settings and research into its future healthcare uses is accelerating. Despite this trajectory, more research is needed regarding the impacts on patients of increasing AI decision making. In particular, the impersonal nature of AI means that its deployment in highly sensitive contexts-of-use, such as in healthcare, raises issues associated with patients’ perceptions of (un) dignified treatment. We explore this issue through an experimental vignette study comparing individuals’ perceptions of being (...) treated in a dignified and respectful way in various healthcare decision contexts. Participants were subject to a 2 (human or AI decision maker) x 2 (positive or negative decision outcome) x 2 (diagnostic or resource allocation healthcare scenario) factorial design. We found evidence of a “human bias” (i.e., a preference for human over AI decision makers) and an “outcome bias” (i.e., a preference for positive over negative outcomes). However, we found that for perceptions of respectful and dignified interpersonal treatment, it matters more who makes the decisions in diagnostic cases and it matters more what the outcomes are for resource allocation cases. We also found that humans were consistently viewed as appropriate decision makers and AI was viewed as dehumanizing, and that participants perceived they were treated better when subject to diagnostic as opposed to resource allocation decisions. Thematic coding of open-ended text responses supported these results. We also outline the theoretical and practical implications of these findings. (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 attempts to answer a question that many dancers and non-dancers may have. What is dance according to the media? Furthermore, how does the written word portray dance in the media? To answer these ques-tions, this research focuses on the role that the discourse of dance in media plays in the public sphere’s knowledge construction of dance. This is impor-tant to study because the public sphere’s meaning of dance will determine whether dance education is promoted or banned in schools (...) and in society. The aim of this paper is to contribute to the existing literature of dance in the media. One limitation of this contribution is that the research uses only newspaper articles as a source of analysis. Future research should include an analysis of visual and audio clips of dance as portrayed in the media. (shrink)

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)

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)

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)

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)

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)

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.

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)

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)

The present article is published in Proche-Orient Chrétien, N.66, VOL.3-4, JAN. 2017, USJ: Beirut, pp. 425-430. It is a philosophical review of Philippe Capelle-Dumont and Yannick Courtel book “Religion et Liberté” that fetches the records of the First International Symposium of the Francophone Society of Philosophy of Religion about the two concepts Religion and Freedom. On one hand, religion has always been considered as a pole of practices and references contrary to freedom declining a dependence on a "binding doctrine"; (...) on the other hand, religion has undergone several political representations in the many spaces of cultural, social and international life which is urgent to re-examine. The article proposes a synthesis of the conferences of Philippe Capelle-Dumont, Jean-Luc Marion, Jean Greisch, Joseph O’Leary, François Chenet, Souleymane Bachir Diagne, Francis Jacques, Pierluigi Valenza, Danielle Cohen-Levinas, Yannick Courtel and Jean Grondin who concludes with the “freedom to philosophize about religion”. (shrink)

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

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.

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)

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, 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)