The United Kingdom's Parliamentary Bill 'Fraud Trials (Without a Jury) 2007', failed. Nevertheless, fraud trials without a jury do take place and there is much evidence to support this. Today the UK still does not support fraud trials without a jury, even though fraud in the UK today is the highest amount of fraud globally. The longer version of this paper is submitted here since it has become urgent that UK fraud trials be examined (...) as a matter of urgency. On page 87 of this complete paper (cut down for The Criminal Lawyer in 2008) a U.S study of 46 corporate fraud trials revealed that the defendants were CEOs, President, Chairman, Senior Vice Presidents, Chief Financial Officers, but only one entity reach trial stage. After the ce Arthur Anderson LLP v. United States, 544 U.S. 696 (2005), and the Lehman Brothers SEC case and the SEC v. Bank of America Corp., 653 F. Supp. 2d 507 (S.D.N.Y. 2009, and the Report by the U.S. Financial Crisis Inquiry on the 2008 financial crash, a global financial disaster was predicted and George Osborne, UK Chancellor pleaded for leniency for HSBC Bank frauds, threatening a global meltdown. The U.S. judiciary increased its volume of Deferred Prosecution Agreements and the UK followed suit. So, in year 2022, there is global financial meltdown and the UK has the highest rate of fraud in the world with few successful convictions. This paper is very relevant today as we must stop using deferred prosecution agreements and seek more convictions and harsh jail sentences for those financial fraudsters who have created this meltdown. -/- *When this paper was written, UK fraud was estimated at £40 million and some experts suspected twice that amount. Today UK fraud is in the billions of pounds annually. (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)

Purdue Pharma was being investigated by United States Civil and Criminal compliance agencies for many years and a conclusion has now been reached. Although successful , this author feels that such extremely serious corporate frauds must also punish senior individual executives with long jail sentences -in this case-corporate manslaughter.

Habermas's collection of essays "The Future of Human Nature" is of particular interest for two sorts of reasons. For those interested in bioethics, it contains a genuinely new set of arguments for placing serious restrictions on using prenatal genetic technologies to “enhance” offspring. And for those interested in Habermas’s moral philosophy, it contains a number of new developments in his “discourse ethics”—not the least of which is a willingness to engage in applied ethics at all. -/- The real key (...) to Habermas’s argument is that human personhood and moral agency presuppose certain modes of relating to oneself that are threatened by the asymmetrical way in which genetic enhancements would presumably work. Thus, instead of taking up and then extending familiar normative concerns about unequal opportunities or the criteria for moral personhood, Habermas believes that the emerging technologies of genetic enhancement demand genuinely new arguments, and he proposes to focus on the effects of genetic programming on whether the agent can consider herself free and equal—effects, that is, regarding what one might call the reflexive attitudinal preconditions for moral agency. -/- Like contractarians and Kantians more generally, Habermas faces difficulties accommodating the intuition that we might have obligations toward potential persons. The difficulty is particularly pronounced in the case of Habermas’s “discourse theory of morality,” since it construes the moral point of view in terms of processes of deliberation among all those affected by the norm at issue which the participants consider in the deliberative process to be open, fair, and inclusive. Future generations do not fit neatly into this deliberative process, nor do prepersonal humans. Moral norms adjudicated in such discourse clearly affect their interests, but they cannot themselves participate in the discourse. In the past, Habermas and other “discourse ethicists” have tried to address this worry by introducing “advocatory discourses.” But this move threatens to undo a distinctive, appealing feature of Habermas’s moral theory: the pragmatist insistence on the innovative, critical, unpredictable discourse generated by actual participants in discourse and the refusal (contra Rawls, in particular) to rely on hypothetical representatives. -/- In The Future of Human Nature, Habermas ventures a different strategy,focused on expanding what he calls the “ethical” domain, which differs from the “moral” domain in being a matter of a community’s articulation of its core values and conception of the good. Previously, Habermas distinguished “ethical-existential” and “ethical-political” domains, as a matter of who an individual or a community, respectively, is and wants to be. In the present book, Habermas makes the remarkable move of introducing the category of the “species-ethical,” which is supposed to be the domain of questions raised by the human species as a whole about the question of what it is to be human. This theoretical move extends further steps Habermas had already taken in speaking of ethical solidarity within the global community. -/- . (shrink)

In the Foundations of Mathematics, Ramsey attempted to amend Principia Mathematica’s logicism to meet serious objections raised against it. While Ramsey’s paper is well known, some questions concerning Ramsey’s motivations to write it and its reception still remain. This paper considers these questions afresh. First, an account is provided for why Ramsey decided to work on his paper instead of simply accepting Wittgenstein’s account of mathematics as presented in the Tractatus. Secondly, evidence is given supporting that Wittgenstein was not (...) moved by Ramsey’s objection against the Tractarian account of arithmetic, and a suggestion is made to explain why Wittgenstein reconsidered Ramsey’s account in the early thirties on several occasions. Finally, a reading is formulated to understand the basis on which Wittgenstein argues against Ramsey’s definition of identity in his 1927 letter to Ramsey. (shrink)

In this paper, I first present an overview of Asay’s _A Theory of Truthmaking_, highlighting what I take to be some of its most attractive features, especially his re-invigoration of the ontological understanding of truthmaking and his defence of ontology-first truthmaking over explanation-first truthmaking. Then, I articulate what I take to be a puzzling potential inconsistency: (a) he appeals to considerations to do with aboutness in criticising how well ontological views account for truth while (b) ruling out aboutness from the (...) right account of truthmaking. He argues, instead, that necessitation is both necessary and sufficient for truthmaking (§3.3). I suggest that adding aboutness to one’s account in the right way is not just compatible with but important for ontology-first truthmaking. I do all this to invite Asay to clarify his position on these matters. Overall, Asay’s worldview displays the fruitfulness of an ontologically serious approach to metaphysics that puts truthmaking centre-stage. (shrink)

Although a safe, effective, and licensed coronavirus vaccine does not yet exist, there is already controversy over how it ought to be allocated. Justice is clearly at stake, but it is unclear what justice requires in the international distribution of a scarce vaccine during a pandemic. Many are condemning ‘vaccine nationalism’ as an obstacle to equitable global distribution. We argue that limited national partiality in allocating vaccines will be a component of justice rather than an obstacle to it. For (...) there are role-based and community-embedded responsibilities to take care of one’s own, which constitute legitimate moral reasons for some identity-related prioritisation. Furthermore, a good form of vaccine nationalism prioritises one’s own without denying or ignoring duties derived from a principle of equal worth, according to which all persons, regardless of citizenship or identity, equally deserve vaccine-induced protection from COVID-19. Rather than dismissing nationalism as a tragic obstacle, it is necessary to acknowledge that a limited form of it is valuable and expresses moral commitments. Only then can one understand our world of competing obligations, a world where cosmopolitan duties of benevolence sometimes conflict with special obligations of community membership. Once these competing obligations are recognised as such, we can begin the work of designing sound ethical frameworks for achieving justice in the global distribution of a coronavirus vaccine and developing practical strategies for avoiding, mitigating or resolving conflicts of duty. (shrink)

Recent accounts of coercion can be mapped onto two different axes: whether they focus on the situation of the coercee or the activities of the coercer; and whether or not they depend upon moral judgments in their analysis of coercion. Using this analysis, I suggest that almost no recent theories have seriously explored a non-moralized, coercer-focused approach to coercion. I offer some reasons to think that a theory in this underexplored quadrant offers some important advantages over theories confined to the (...) other quadrants. In particular I suggest that much of our interest in coercion depends on facts about the coercer, such as the sorts of powers coercers must possess to be able to coerce, and on the coercer's intention in using those powers to constrain or alter the coercee's activities. (shrink)

Herman Melville was so estranged from the religious beliefs of his time and place that his faith was doubted during his own lifetime. In the middle of the twentieth century some scholars even associated him with nihilism. To date, however, no one has offered a detailed account of Melville in relation to Nietzsche, who first made nihilism a topic of serious concern to the Western philosophical tradition. In this essay, I discuss some of the hitherto unexplored similarities between Melville’s (...) ideas and Nietzsche’s reflections on and reactions to the death of God and the advent of nihilism in the West. (shrink)

Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

The global water crisis is being exacerbated by climate change, even in the United States. Recycled water is a feasible alternative to alleviate the water shortage, but it is constrained by humans’ perceptions. The current study examines how residents’ water scarcity awareness and climate change belief influence their willingness to use recycled water directly and indirectly. Bayesian Mindsponge Framework (BMF) analytics was employed on a dataset of 1831 residents in Albuquerque, New Mexico, an arid inland region in the US. (...) We discovered that residents’ willingness to use direct recycled potable water is positively affected by their awareness of water scarcity, but only if they believe in the impacts of climate change on the water cycle. Meanwhile, the willingness to use indirect recycled potable water is influenced by water scarcity awareness, and the belief in climate change further enhances this effect. These findings implicate that fighting climate change denialism and informing the public of the water scarcity situation in the region can contribute to the effectiveness and sustainability of long-term water conservation and climate change alleviation efforts. (shrink)

After stating "I am gay" Navy Lieutenant Paul G. Thomasson was honorably discharged from the military. In Thomasson v. Perry (1996), the United States Court of Appeals for the Fourth District affirmed Thomasson's discharge. Thomasson is now considered the leading case evaluating the U.S. military's "don't ask, don't tell" policy. In this paper, I show that the court's analysis of the Department of Defense policy rests of two unarticulated and undefended assumptions about sexuality. The first is that an act of (...) sex is essentially defined in terms of the sexual orientation of the persons engaging in that act. The second is that whether or not a person is an open homosexual determines the essential nature of the homosexual acts of others. I conclude that both assumptions are untenable, therefore the "don't ask, don't tell" policy is indefensible. (shrink)

If one can judge a society by how it treats its prisoners, one can surely judge a society by how it treats cognitively- and learning-impaired children. In the United States children with physical and cognitive impairments are subjected to higher rates of corporal punishment than are non-disabled children. Children with disabilities make up just over 13% of the student population in the U.S. yet make up over 18% of those children who receive corporal punishment. Autistic children are among the most (...) likely to receive corporal punishment. -/- Although they may deny or redescribe particular instances of corporal punishment or their use of restraints, educators defend such actions as legitimate punishment. In this paper, I assess the logic underlying the use of restraints and corporal punishment on autistic children by educators. The rationalizations for the corporal punishment or restraint of autistics stems from the educator’s desire to control the autistic children so as to end typical autistic behaviors such as rocking, repetitive verbalizations, or “flapping” but also the autistic child’s non-affective responses such as not appearing to feel remorse or shame or the absence of a verbal acknowledgement of remorse or shame. The educators assume that the autistic’s failure to exhibit the desired responses is evidence of the autistic’s moral incorrigibility and is, therefore, evidence of the appropriateness of corporal punishment. But this assumption of the incorrigibility of the autistic child is questionable. -/- Indeed accepting this incorrigibility assumption reveals two important problems. First, instructors using physical punishment on autistic children do not understand autism. Second, they are not working with a tenable conception of punishment. Any action undertaken to induce socially acceptable behaviors (whether it be the end of autistic acts or responses such as remorse) is to fail to understand what the legitimate punishment of children is about. (shrink)

Antimicrobial resistance (AMR) is a global public health disaster driven largely by antibiotic use in human health care. Doctors considering whether to prescribe antibiotics face an ethical conflict between upholding individual patient health and advancing public health aims. Existing literature mainly examines whether patients awaiting consultations desire or expect to receive antibiotic prescriptions, but does not report views of the wider public regarding conditions under which doctors should prescribe antibiotics. It also does not explore the ethical significance of public (...) views or their sensitivity to awareness of AMR risks or the standpoint (self-interested or impartial) taken by participants. Methods: An online survey was conducted with a sample of the U.S. public (n = 158). Participants were asked to indicate what relative priority should be given to individual patients and society-at-large from various standpoints and in various contexts, including antibiotic prescription. Results: Of the participants, 50.3% thought that doctors should generally prioritize individual patients over society, whereas 32.0% prioritized society over individual patients. When asked in the context of AMR, 39.2% prioritized individuals whereas 45.5% prioritized society. Participants were significantly less willing to prioritize society over individuals when they themselves were the patient, both in general (p = .001) and in relation to AMR specifically (p = .006). Conclusions: Participants’ attitudes were more oriented to society and sensitive to collective responsibility when informed about the social costs of antibiotic use and when considered from a third-person rather than first-person perspective. That is, as participants came closer to taking the perspective of an informed and impartial “ideal observer,” their support for prioritizing society increased. Our findings suggest that, insofar as antibiotic policies and practices should be informed by attitudes that are impartial and well-informed, there is significant support for prioritizing society. (shrink)

In this article, I present some worries about the possible impact of global efforts to aid the needy in some of the world’s most desperate regions. Among the worries I address are possible unintended negative consequences that may occur elsewhere in a society when aid agencies hire highly qualified local people to promote their agendas; the possibility that foreign interests and priorities may have undue influence on a country’s direction and priorities, negatively impacting local authority and autonomy; and the (...) related problem of outside interventions undermining the responsiveness of local and national governments to their citizens. -/- Another issue I discuss is the possibility that efforts to aid the needy may involve an Each-We Dilemma, in which case conflicts may arise between what is individually rational or moral, and what is collectively rational or moral. Unfortunately, it is possible that if each of us does what we have most reason to do, morally, in aiding the needy, we together will bring about an outcome which is worse, morally, in terms of its overall impact on the global needy. -/- The article ends by briefly noting a number of claims and arguments that I made in my 2017 Uehiro Lectures regarding how good people should respond in a world of need. As I have long argued, I have no doubt that those who are well off are open to serious moral criticism if they ignore the plight of the needy. Unfortunately, however, for a host of both empirical and philosophical reasons, what one should do in light of that truth is much more complex, and murky, than most people have realized. (shrink)

The Introduction outlines, in a concise way, the history of the Lvov-Warsaw School – a most unique Polish school of worldwide renown, which pioneered trends combining philosophy, logic, mathematics and language. The author accepts that the beginnings of the School fall on the year 1895, when its founder Kazimierz Twardowski, a disciple of Franz Brentano, came to Lvov on his mission to organize a scientific circle. Soon, among the characteristic features of the School was its serious approach towards philosophical (...) studies and teaching of philosophy, dealing with philosophy and propagation of it as an intellectual and moral mission, passion for clarity and precision, as well as exchange of thoughts, and cooperation with representatives of other disciplines.The genesis is followed by a chronological presentation of the development of the School in the successive years. The author mentions all the key representatives of the School (among others, Ajdukiewicz, Lesniewski, Łukasiewicz,Tarski), accompanying the names with short descriptions of their achievements. The development of the School after Poland’s regaining independence in 1918 meant part of the members moving from Lvov to Warsaw, thus providing the other segment to the name – Warsaw School of Logic. The author dwells longer on the activity of the School during the Interwar period – the time of its greatest prosperity, which ended along with the outbreak of World War 2. Attempts made after the War to recreate the spirit of the School are also outlined and the names of followers are listed accordingly. The presentation ends with some concluding remarks on the contribution of the School to contemporary developments in the fields of philosophy, mathematical logic or computer science in Poland. (shrink)

Research misconduct remains an important problem in health research despite decades of local, national, regional, and international efforts to eliminate it. The ultimate goal of every health research project, irrespective of setting, is to produce trustworthy findings to address local as well as global health issues. To be able to lead or participate meaningfully in international research collaborations, individual and institutional capacities for research integrity are paramount. Accordingly, this paper concerns itself not only with individuals’ research skills but also (...) with institutional and national policies and governance. Such policies and governance provide an ethical scaffold for the production of knowledge and structure incentives. This paper’s operational definition of research therefore draws from Institute of Medicine’s articulation of health research as an inquiry that aims to produce knowledge about the structure, processes, or effects of personal health services; and from an existing health systems framework. The paper reviews the research regulatory environment and the ethics apparatus in Ghana, and describes a project jointly undertaken by Ghanaian researchers in collaboration with New York University to assess the perceived adequacy of current institutional practices, opportunities, and incentives for promoting RI. (shrink)

This study aimed to determine the sustainable marketing strategies for micro, small, and medium enterprises (MSMEs) amidst the COVID-19 pandemic. In this research technique, a quantitative descriptive survey was utilized to examine 363 MSMEs in designated cities and municipalities in Pangasinan, such as Binmaley, Calasiao, Dagupan City, Mangaldan, San Carlos City, Santa Barbara, and Urdaneta City, all registered with the Department of Trade and Industry (DTI). According to the findings, manufacturing is the primary industry for most respondents; they are sole (...) proprietorships with less than PhP3 Million in assets, have 1-9 employees, and have been in operation for less than three years. The sustainable marketing strategies implemented by the MSMEs in terms of product, place, price, promotion, physical evidence, people, and process are considered extremely important. The level of effectiveness in sustaining marketing strategies of MSMEs is considered very effective. The respondents assessed the problems encountered by the MSMEs in sustaining marketing strategies as extremely serious. It can be concluded that the majority of the respondents were in the manufacturing business, a single type of business organization, and, capitalization comprises not more than 3 million. Most of them have a minimal number of employees and operate for a short time. For the sustainable marketing strategies implemented by the MSMEs product, place, price, physical evidence, people and process are extremely important while promotions are very important. The effectiveness of 7ps of marketing is considered very effective. The respondent’s problems encountered by the MSMEs in sustaining marketing strategies as extremely serious. (shrink)

In the literature on global justice, there has been a lengthy debate about what the world’s rich owe to the world’s poor. Some have argued that rich individuals have positive duties of beneficence to help the poor, while others have argued that rich individuals only have negative duties not to harm them. A common objection to the former view is that once it is accepted that positive duties exist, fulfilling these duties will be overdemanding since rich individuals can almost (...) always help a little more. Some have tried to overcome this overdemandingness objection by setting cut-off points for how demanding morality is. In this article, we aim to show that it is problematic to be committed to the following propositions: (1) Positive duties to aid exist; (2) The overdemandingness objection is a serious challenge for anyone who accepts that positive duties to aid exist; and (3) Setting cut-off points for how demanding morality is constitutes a plausible way to overcome the overdemandingness objection. Showing that a commitment to (1), (2) and (3) is problematic is of interest given that several influential theorists are committed to this set of views. This set of views is simply a bad theoretical cocktail. (shrink)

This review essay of Economics Rules situates Dani Rodrik’s contribution with respect to the 2007–2008 global economic crisis. This financial meltdown, which the eurozone did not fully recover from before the Covid-19 pandemic, led to soul- searching among economists as well as a call for heterodox economic approaches. Yet, over the past decade, instead the economics profession has maintained its orthodoxy. Rodrik’s Economics Rules offers a critique of the economics profession that is castigating but mild. It calls for economists (...) to use more and diverse models without becoming wedded to any single model or an overarching vision. Yet Rodrik ratifies many of the benchmark models standard to orthodox economics and provides little ground for a fundamental rethinking of the discipline. This essay analyses the conservatism underlying Rodrik’s approach, which upholds general equilibrium theory and rational expectations underlying the efficient market hypothesis. It argues that the economics discipline’s scope-creep to maintain its applicability to all human decision-making, and its acceptance of all-inclusive utility functions, crowds out moral sentiments and civic virtue. Thus. it argues that rather than urging economists simply to be more cautious in their application of models to address particular social concerns, instead economists must recognise their discipline’s inherent limitations. (shrink)

In 1951 John Rawls expressed these convictions about the fundamental issues in metaethics: [T]he objectivity or the subjectivity of moral knowledge turns, not on the question whether ideal value entities exist or whether moral judgments are caused by emotions or whether there is a variety of moral codes the world over, but simply on the question: does there exist a reasonable method for validating and invalidating given or proposed moral rules and those decisions made on the basis of them? For (...) to say of scientific knowledge that it is objective is to say that the propositions expressed therein may be evidenced to be true by a reasonable and reliable method, that is, by the rules and procedures of what we may call "inductive logic"; and, similarly, to establish the objectivity of moral rules, and the decisions based upon them, we must exhibit the decision procedure, which can be shown to be both reasonable and reliable, at least in some cases, for deciding between moral rules and lines of conduct consequent to them.1 In this passage Rawls reconfigured the issue of moral objectivity and so reoriented the practice of metaethics from linguistic analysis to rational methodology. In so doing, his work has provided inspiration to philosophers as disparate in normative views as Thomas Nagel,2 Richard Brandt3, Alan Gewirth4, and David Gauthier.5 Rawls replaced the Moorean question, Do moral terms refer? with the Rawlsian question, Can moral judgments be the outcome of a rational and reliable procedure? He later gave a resoundingly positive answer to this question6 and later still, a more tentative one.7 Rawls' considered qualification of his earlier enthusiasm about the extent to which moral philosophy could be "part of the theory of rational choice"8 is a tribute to the seriousness with which he took his critics' objections. (shrink)

Today, the world is facing many global crises and challenges. In order to limit negative environmental and social impacts, human being had put forward the concept of sustainable development, set goals and taken actions to advance the process of sustainable development. However, scholars’ research on sustainable development mainly focuses on the three major aspects: economy, society and environment/ecology. Only a few articles talked about culture and sustainable development. In order to further promote the development of human high-quality life and (...) the construction of sustainable development, it must consider the relationship between culture and sustainable development. Therefore, the thesis raises two research questions: 1. What is the connection and contribution of culture to the sustainable development according to the scholars’ research on sustainable development in the past? 2. How can culture contribute to sustainable development? The first part of this thesis introduced the background, significance, and the objectives of the research. Then, the second part defined the concept of “culture” discussed in this research, which referred to all the spiritual activities of mankind and its products. Culture explains the core problems of kinds of issues being produced, sent, communicated, accepted, understood, and mutated to people, and all kinds of cultural forms are the basic methods of providing human communication and studying things. viii These products and activities were divided into two kinds, the material culture and non-material culture. Material culture was an entity that existed, it presented culture in a physical, perceptible and measurable form while non-material culture included symbols, values, cultural norms and people’s way of life, it was abstract and constantly inherited. The third part was to introduce the process of culture development through Sichuan cuisine’s development. Culture itself had the characteristics of development and inheritance, but to achieve the sustainable development of culture, it required planning and strategy. Consequently, the author combed the milestone of culture development in the process of sustainable development, sorting out the characteristics of sustainable development culture, that required sustainable development culture were: people-based, participation-based, systematic, pluralistic, dynamic, integrated, confident and responsible. The third part used two methods to analyze the literature that met the search criteria in Web of Science from 1900 to 2020. The first was Occurrence, resulted in 11463 results, finding that the most studied areas of sustainable development were environmental science, green sustainable science technology and environmental studies, which meant research on culture and sustainable development was a weak subject compared to other areas. The second was Co-occurrence, resulted in 52 review articles, then used the method of the systematic literature review to analysis. Lastly, these 52 articles were analyzed by the systematic literature review (SLR) approach, and then ix divided into four categories and were the focus of this article. The first category directly discussed the relationship between culture and sustainable development; the second category discussed of the single culture in sustainable development; the third category was the development of culture in specific circumstance in the context of sustainable development; and in the fourth category, “culture” meaning cultivation, not related to the culture this paper discussed about. From the above analysis for 52 articles, the following findings and discussing are discovered: in sustainable development, the definition of culture is too broad and then requires a concept of “culture”, which can be adapted to various disciplines and applied to sustainability research. Culture needs to be and should be a pillar of sustainable development. Culture can be in, for, as sustainable development. Culture is not only an artistic and creative activity, but also concerned with the relationship with nature and a broader social issue. The power of culture in sustainable development cannot be ignored, it can not only play in the other pillars of sustainable development, but also can eventually form a sustainable development culture, to change people’s way of life, behavior and mind, so that human beings can be better and more sustainable development. (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)

The trial took place at Bristol Crown Court, England, United Kingdom for the murder of Joanna Yeates, and Dr Vincent Tabak was the Defendant. The author attended at court for this trial and this paper notes many of the obvious and unsatisfactory legal and procedural points in this trial. Dr Vincent Tabak was convicted of the murder at this trial. Of course the jury were not to know the finer points of law as the lower court judge did not advise (...) the jury of any such points before they adjourned to make their decision. All but one concluded that Dr Tabak was guilty as charged, although even the charge was vague and all-encompassing as he was charged with ‘murder between Friday 17 December 2010 and Sunday 19 December 2010’. Defence counsel, very eminent barrister-at-law, appeared to be cowed by the other side and let them walk all over this case procedurally. For example, prosecution counsel handed him 1200 pages of evidence on the first day of the trial, as if to FULFIL disclosure obligations. E was stunned and asked the court for time off. But this was never again discussed. -/- The lower court judge appeared as if he had already decided on the case. When Defence Counsel asked him if he had before him a copy of a certain document, he flippantly say he had it but had left it on his desk in his room. When Defence Counsel, of international renown, was ready to present his opening speech and cross-examination of his client, Dr Vincent Tabak, this lower court judge dismissed the jury to their lunch break knowing that counsel was going to speak. Court had to be adjourned and the members of the jury quickly assembles by the court porters as they were leaving the court, which must have hampered their interest in what counsel’s statement said. A photograph of a dead body by a roadside, allegedly, Miss Yeates, was shown by projector slide a dozen irrelevant times during the trial period, thus embedding that photograph in the jury’s mind. The computer evidence leaves much to be desired and could, some suggested, easily have been concocted by the prosecution team, abusing the law of metadata evidence. Te lady who presented it did not give the court her qualifications and her expertise if any- and much more that beggars belief and loses trust in the British Criminal Justice System, such as it is, following ‘form over substance’. -/- . (shrink)

Martin Scorsese’s 1976 film Taxi Driver is widely considered a cinematic masterpiece. Existing scholarly deconstructions focus on prevalent themes of masculinity, violence, and exploitation. This work reinterprets the central narrative as a revenge story in three parts, using cinematic context; the occurrences and actions of the protagonist – the eponymous taxi driver Travis Bickle - to answer the question of whether revenge is ever morally justifiable.

Vagueness has gotten some attention in aesthetics, but deserves more. Vagueness is universally acknowledged to be ubiquitous. It has played a substantive role in some recent writing on the definition of art. It has figured importantly in analyses of the concept of literature, and (in connection with a thought experiment of Arthur Danto’s), of the ontology of art. Vagueness was a locus of contention in a debate between Alan Goldman and Eddy Zemach about the reality of aesthetic properties. This (...) paper’s aim is to advance that debate, by focusing on the relevance of vagueness to the familiar argument that moves from premises about aesthetic disagreement to the conclusion that aesthetic properties are not real. In what follows, it is argued that, vis-á-vis aesthetic disagreement, the vagueness of aesthetic properties can do important theoretical work for aesthetic realism. (shrink)

Section III of part IV of Book I of Hume's Treatise entitled “Of the ancient philosophy” has been virtually ignored by most Hume scholars. Although philosophers seem to concentrate on sections II and VI of part IV and pay little or no attention to section III, the latter section is paramount in showing how serious Hume's skepticism is, and how Hume's philosophy, contrary to his intention, is far removed from "the sentiments of the vulgar". In this paper I shall (...) first explore Hume's view on ancient philosophy as it is presented in section III, and I shall particularly focus on his discussion of identity and simplicity of bodies. Second, I shall argue that Hume's account of identity and simplicity in terms of qualities is at best unsatisfactory. Finally, I shall try to show that Hume's advice to hold a "moderate" skepticism cannot be taken seriously. On the contrary, Hume seems to hold an "extravagant" skepticism, since he claims that there is a contradiction between our most fundamental natural beliefs, as well as between our natural beliefs and philosophical reasoning. (shrink)

This study aims to determine the implementation and constraints of teachers in assessing students’ attitudes at school. This study adopted a qualitative approach with descriptive methods. This research involved 29 informants, consisting of 23 teachers, three school principals, and three supervisors in South Kalimantan, Indonesia. Data were obtained by using interviews, observation, and documentation. The indicators in this study include the implementation of attitude assessment, the instruments used in assessing attitudes, teacher constraints in assessing attitudes, and follow-up attitude assessments. The (...) supervision process by the school principal and school supervisor has been carried out routinely and continuously. However, the teacher was left to make a sober assessment. The assessment is still being carried out to the extent of filling out the report. This result demonstrated several weaknesses in the quality assurance system for assessing student attitudes. (shrink)

Abstract: Colon cancer is a prevalent and life-threatening disease, necessitating accurate and timely diagnosis for effective treatment and improved patient outcomes. This research paper presents the development of a knowledge-based system for diagnosing colon cancer using the CLIPS language. Knowledge-based systems offer the potential to assist healthcare professionals in making informed diagnoses by leveraging expert knowledge and reasoning mechanisms. The methodology involves acquiring and structuring medical knowledge specific to colon cancer, followed by the implementation of a knowledge- based system using (...) CLIPS. The system's design integrates relevant medical databases and employs advanced reasoning mechanisms to facilitate accurate diagnosis. Evaluation results demonstrate the system's effectiveness, with high accuracy and sensitivity rates compared to existing methods. The findings highlight the potential of knowledge-based systems in improving clinical practice and patient care. The research contributes to the growing field of medical informatics by demonstrating the feasibility and effectiveness of CLIPS-based knowledge systems for colon cancer diagnosis. Future research can focus on enhancing system performance and expanding its scope to encompass other types of cancer diagnoses. (shrink)

The Global Media and Information Literacy Week commemorates the progress in achieving “MIL for all” by aggregating various MIL-related local and international events and actions across different disciplines around the world.The MIL Global Week 2018, 24 to 31 October, was marked by the United Nations Educational, Scientific and Cultural Organization in collaboration with various organizations including the UN Alliance of Civilizations, the Global Alliance for Partnership on MIL, the International Federation of Library Associations, the International Association of (...) School Libraries, and the UNESCO-UNAOC University Cooperation Programme on Media and Information Literacy and Intercultural Dialogue. (shrink)

This article intends to establish a contact between two proscribed thinkers: Machiavelli and Marx. Although apart in time and in political vision, they offer the possibility of a reflection which is able to provide mutual fecundation. We want to show that Machiavelli’s pessimism and Marx’s optimism both derive from the diverse understanding of what provokes the fundamental division of society into two fundamental antagonistic groups. Whereas one treats it as a division of opposite desires, to the other it is determined (...) by the way in which the individuals define themselves as to the ownership of the means of production. Is it necessary to choice on of them, or is it possible to conceive a synthesis? -/- O artigo pretende estabelecer um contato entre dois pensadores malditos: Maquiavel e Marx. Embora distantes no tempo e na visão política, oferecem a possibilidade de uma reflexão capaz de fecundar-se mutuamente. Queremos mostrar que o pessimismo de Maquiavel e o otimismo de Marx derivam da diversa compreensão daquilo que provoca a divisão fundamental da sociedade em dois grupos antagônicos fundamentais. Enquanto para um se trata de uma divisão de desejos opostos, para outro é determinada pelo modo como os indivíduos se definem em relação à posse dos meios de produção. É preciso fazer uma escolha entre ambos, ou é possível pensar numa síntese? (shrink)

I identify a commonly held position in environmental philosophy, “the received view,” and argue that its proponents beg the question when challenged to demonstrate the relevance of environmental aesthetics for environmental justice. I call this “the inference problem,” and I go on to argue that an alternative to the received view, Arnold Berleant’s participatory engagement model, is better equipped to meet the challenge it poses. By adopting an alternative metaphysics, the engagement model supplies a solution to the inference problem and (...) thereby provides a more useful theoretical framework for application to pressing concernsin environmental justice, such as the plight of the historical Ironbound District of Newark, New Jersey. (shrink)

Humean accounts of laws are often contrasted with governing accounts, and recent developments have added pragmatic versions of Humeanism. This paper offers Mitchell's pragmatist, perspectival account of laws as a third option. The differences between these accounts come down to the role of modality. Mitchell's bottom-up account allows for subtle gradations of modal content to be conveyed by laws. The perspectival character of laws is not an accident or something to be eventually eliminated - it is part of how this (...) modal content is conveyed. I conclude with a discussion of the metaphysical commitments in Humeanism as requiring a perspectiveless view of the manifold from outside, and how Mitchell's situated account is better able to account for the substantive notion of possibility involved in scientific laws. (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)

According to John Rawls’s famous Liberal Principle of Legitimacy, the exercise of political power is legitimate only if it is justifiable to all citizens. The currently dominant interpretation of what is justifiable to persons in this sense is an internalist one. On this view, what is justifiable to persons depends on their beliefs and commitments. In this paper I challenge this reading of Rawls’s principle, and instead suggest that it is most plausibly interpreted in externalist terms. On this alternative view, (...) what is justifiable to persons is not in any way dependent on, or relativized to, their beliefs and commitments. Instead, what is justifiable to all in the relevant sense is what all could accept as free and equal. I defend this reinterpretation of the view by showing how it is supported by Rawls’s account of the freedom and equality of persons. In addition, a considerable advantage of this suggestion is that it allows for an inclusive account of to whom the exercise of political power must be made justifiable. (shrink)

Frontiers of Justice: Disability, Nationality, Species Membership, by Martha Nussbaum, Harvard University Press, 2006. How should we measure human development? The most popular method used to be to focus on wealth and income, as when international development agencies rank countries according to their per capita gross domestic product. Critics, however, have long noted shortcomings with this approach. Consider for example a wealthy person in a wheelchair: her problem is not a financial one, but a lack of access to public spaces. (...) Even if she were to hire porters to carry her in and out of stores and libraries, that would not really address her situation. There is a basic sense of dignity and self-respect that comes with being able to move around on one’s own. Even for a disabled millionaire, that will only be possible when public buildings are wheelchair accessible. To fully grasp what the handicapped need, we have to look beyond purely economic measures of well-being, and take into account the actual capabilities people can exercise in their daily lives. The example of the well-off person in a wheelchair illustrates what Martha Nussbaum calls the capabilities approach to human development. It was first pioneered in economics by Amartya Sen (who came up with the wheelchair example), and Nussbaum has for years been associated with a more philosophical variation, which uses the idea of capabilities to outline basic political principles. In Frontiers of Justice: Disability, Nationality, Species Membership Nussbaum takes this project even further, and applies the capabilities approach to issues of justice involving not only the disabled and the global poor, but animals as well.Yet for a philosophy called the capabilities approach, it is surprising how little theoretical work capabilities do in Nussbaum’s overall account. (shrink)

A theory of gender ought to be compatible with trans-inclusive definitions of gender identity terms, such as ‘woman’ and ‘man’. Appealing to this principle of trans-inclusion, Katharine Jenkins argues that we ought to endorse a dual social position and identity theory of gender. Here, I argue that Jenkins’s dual theory of gender fails to be trans-inclusive for the following reasons: it cannot generate a definition of ‘woman’ that extends to include all trans women, and it understands transgender gender identity through (...) a cisgender frame. (shrink)

Governments across the globe have squandered treasure and imprisoned millions of their own citizens by criminalising the use and sale of recreational drugs. But use of these drugs has remained relatively constant, and the primary victims are the users themselves. Meanwhile, antimicrobial drugs that once had the power to cure infections are losing their ability to do so, compromising the health of people around the world. The thesis of this essay is that policymakers should stop wasting resources trying to fight (...) an unwinnable and morally dubious war against recreational drug users, and start shifting their attention to the serious threat posed by our collective misuse of antibiotics. (shrink)

This research paper assesses the possible relationship between motivation and academic performance of student athletes and utilized a descriptive design as it investigated the association between two constructs (variables) of student athletes, namely their motivation and academic performance. The research is descriptive correlational research with sixty (60) student athlete respondents coming from the various varsity teams in a selected university in the city of Manila. The descriptive nature and design of the study would require that descriptive statistics and measures of (...) association be utilized to analyze the relationship between the two constructs of the study – motivation and academic performance. The (SAMSAQ) was chosen as the research instrument to collate the necessary descriptive data, upon which a correlation analysis through the Pearson was administered. After the statistical analysis, the following were the conclusion of the study: (1) That there was a perfect positive relationship between responses of the student – athletes in the thirty (30) SAMSAQ items and their GPA’s; (2) That the relationship between motivation and academic performance of respondents, as represented by their mean scores of responses and GPA’s respectively are not of the same strength and significance for negatively and positively – structured queries of the SAMSAQ; (3) That the mean scores of responses in negative and positive impact queries of respondents and its relationship with their GPA’s, representatives of the measures of motivation and academic performance are incomparable as the Likert scale is inverted for the negatively structured queries, where behavior adverse to academic performance is sought. (shrink)

The use and acquisition of knowledge appears to be influenced by what humans pay attention to. Thus, looking at attention will tell us something about the mechanisms involved in knowledge (usage). According to the present review, attention reflects selectivity in information processing and it is not necessarily also reflected in a user’s consciousness, as it is rooted in skill memory or other implicit procedural memory forms–that is, attention is rooted in the necessity of human control of mental operations and actions. (...) The main assumption is that what is true of processing in general is also true of knowledge: Its usage cannot be understood, unless we have the means to study all mechanisms involved, including knowledge hidden from direct introspection and knowledge that participants are not willing to share with interrogators. Reviewing work done in this context, I argue that experimental research on selectivity and bias in human information processing is a promising road to learn about the principles governing knowledge (usage) and to reflect upon them. (shrink)

Kit Fine has proposed a new solution to what he calls ‘a familiar puzzle’ concerning modality and existence. The puzzle concerns the argument from the alleged truths ‘It is necessary that Socrates is a man’ and ‘It is possible that Socrates does not exist’ to the apparent falsehood ‘It is possible that Socrates is a man and does not exist’. We discuss in detail Fine’s setting up of the ‘puzzle’ and his rejection, with which we concur, of two mooted solutions (...) to it. (One of these uses standard, Kripkean, notions, and the other rests on work done by Arthur Prior.) We set out, and reject, the philosophy of modality underlying Fine’s new solution, and we defend an alternative response to the alleged puzzle. Our solution follows the work of David Wiggins in distinguishing between the sentential operator ‘It is necessary that’ and the predicate modifier ‘necessarily’. We briefly provide this distinction with a possible- world semantics on which it is neither a necessary truth, in some sense, that Socrates exists nor true, in some sense, that Socrates necessarily exists. (shrink)

In this paper I examine parallels between C.S. Peirce's most mature account of signs and contemporary philosophy of language. I do this by first introducing a summary of Peirce's final account of Signs. I then use that account of signs to reconstruct Peircian answers to two puzzles of reference: The Problem of Cognitive Significance, or Frege's Puzzle; and The Same-Saying Phenomenon for Indexicals. Finally, a comparison of these Peircian answers with both Fregean and Direct Referentialist approaches to the puzzles highlights (...) interesting parallels and important differences between Peirce's final account of signs, and the concepts used in analytic philosophy of language. (shrink)

Although the index is one of the best known features of Peirce's theory of signs there is little appreciation of Peirce's theory of the index amongst contemporary philosophers of language. Amongst Peirce scholars, the value placed on Peirce's account is greater, but is largely based on Thomas Goudge's paper, "Peirce's Index" (Goudge, 1965). Despite marking a crucial milestone in our comprehension of Peirce's theory, our understanding of indices and indexical reference has grown markedly over the last forty years. Time has (...) now come, then, to develop the work that Goudge began and to provide a full analysis of Peirce's account that makes its value to the philosophy of language clear. I undertake this enterprise here. (shrink)

My objective here is to give an account of self-deprecating humor—examining what works, what doesn't, and why—and to reflect on the significance of the audience response. More specifically, I will be focusing not only on the purpose or intention behind self-deprecating jokes, but considering how their consequences might render them successful or unsuccessful. For example, under what circumstances does self-deprecation tend to put listeners at ease, and when is this type of humor more likely to put people off? I will (...) also consider the ways in which self-deprecating jokes are similar to gallows humor, and the extent to which context counts. The target or "butt" of these jokes, in cases of self-deprecation as well as gallows humor, will be explored; as will whether or not the audience bears some responsibility or has a role to play in the ultimate success or failure of a joke. For instance, is the audience role a completely receptive and passive one? Is the joker/jokee relationship one which confers no responsibility on the listener whatsoever? Or, do listeners have an obligation to respond with appreciative laughter to mere attempts at humor, especially the self-deprecating sort, by accepting such levity in the spirit in which it is intended? Does this mean that being a good sport—responding generously or appreciatively when a well-intentioned joke fails to land—would be a habit worth cultivating? If so and courtesy laughter or a playful appreciation of self-deprecating humor is something that can be cultivated, what specifically would that entail? In sum, although I cannot fully or definitively answer each and every one of these questions, I do hope to provide some provisional responses. To better situate the nature of self-deprecation, I will not only provide a brief description of the gallows genre, I will also explore two traditional theories of humor. Those that are particularly relevant, to both gallows and self-deprecating humor are Freud's relief theory and the incongruity view. In addition, I will identify what I believe to be the three essential ingredients of successful self-deprecation and, finally, will conclude with the argument that audiences or listeners do have an important role to play. And, moreover, that generous, appreciative laughter can and should be cultivated—even though this is something that will largely depend on one's personal history and habits, dispositional character and cultural background. (shrink)

Is it possible for me to refer to someone other than myself with the word "I"? Or somewhere other than where I am with the word "here"? Or some time other than the present with the word "now"? David Kaplan, who provides the best worked out semantics for pure-indexical terms like "I," "here," and "now" suggests, quite intuitively, that I could not. Put simply, "I am here now" looks as though I can never utter it and have it turn out (...) false. But, intuitive as this seems, one need only hear the answering machine message, "Sorry! I am not here now," to see that there may be problems. If! can't fail to refer to where I am and when I'm there with "here" and "now," why is my apparently contradictory assertion so readily comprehensible? Many have been quick to abandon Kaplan's account of pure-indexicals in the face of such problems. The focus of this paper, though, is those who develop sophisticated accounts of how we determine different contexts for applying pure-indexicals. The hope is that this handles problem cases while allowing us to retain most of Kaplan's theory. However, this paper introduces and examines some additional uses of pure-indexicals which pose an interesting problem for the context-determination adaptation of Kaplan's account. It is argued that context-determination theorists cannot explain these cases in the same way that they explain standard problem cases, and that any reason they can offer for denying the relevance of such cases to accounts of pure-indexicals will apply equally well to the cases that motivate their theories, thus rendering context-determination accounts superfluous. In what follows, then, there is a brief summary of Kaplan's account, the problem cases that threaten it, and the context-determination theorist's response to these problem cases. The interesting and problematic uses of pure-indexicals that context-determination accounts cannot explain are then introduced, and an explanation is given of why there is no way for the context-determination theorist to exclude these cases from our accounts of pure-indexicals without also excluding the cases that motivate their own theory. (shrink)

In Beyond Physicalism, an interdisciplinary group of physical scientists, behavioral and social scientists, and humanists from the Esalen Institute’s Center for Theory and Research argue that physicalism must be replaced by an expanded scientific naturalism that accommodates something spiritual at the heart of nature.