ABSTRACT -/- In this dissertation I make a case for how mental health care, specifically disordered eating, is in need of an adjunctive field of discourse, that being theories on philosophy of consciousness, cosmology, and the new epistemology of science based on physics. Without psychological inquiry and education on new theories about consciousness and new perspectives on the nature of reality, mental health treatment is incomplete and outdated. I bring these topics to the eating disorder field in three ways: by (...) choosing the scientific and philosophical discourse to be added into treatment; by translating the complex and abstract topics into psychologically relevant, lay public coursework; and, finally, through the creation of actual processes that help bring the material into direct experience. The science and philosophy discourse topics that will transform disordered eating are presented through lecture, inquiry for consideration, and discussion options. Consciousness, cosmology, and the new epistemology of science based on physics is simplified with examples of how it can be implemented within individual sessions, group sessions, or workshops for disordered eating treatment and with application to other mental health problems. The psychological application of the material is further enhanced through my description of a variety of experiential processes, from writing assignments and guided visualizations to storytelling, rituals, encounters in nature, and embodiment activities. I have created the lectures, inquiry, and experiential processes within a dynamic body of work, named the Emergence Courses, that have been introduced to professionals treating disordered eating and to clients for use. (shrink)

In Sketch for a Theory of the Emotions, Sartre highlights how emotions can transform our perspective on the world in ways that might make our situations more bearable when we cannot see an easy or happy way out. The point of this chapter is to spell out and discuss Sartre’s theory of emotion as presented in the Sketch with two aims in mind. The first is to show that although emotions have the power to transform our perspectives on the world (...) in ways described by Sartre, Sartre is mistaken to think emotions comprise the cognitive transformations in question. The second aim is to show why on one plausible way of thinking about the relationship holding between emotions and the cognitive transformations they help to bring about, emotions turn out to be the very sort of things that Sartre claims at the outset they are not, namely types of bodily feelings or sensations, a view of emotion that can be accredited to William James. (shrink)

Direct neurological and especially imaging-driven investigations into the structures essential to naturally occurring cognitive systems in their development and operation have motivated broadening interest in the potential for artificial consciousness modeled on these systems. This first paper in a series of three begins with a brief review of Boltuc’s (2009) “brain-based” thesis on the prospect of artificial consciousness, focusing on his formulation of h-consciousness. We then explore some of the implications of brain research on the structure of consciousness, finding limitations (...) in biological approaches to the study of consciousness. Looking past these limitations, we introduce research in artificial consciousness designed to test for the emergence of consciousness, a phenomenon beyond the purview of the study of existing biological systems. (shrink)

Because anticipated and retrospective regret play important roles in practical deliberation and motivation, better understanding them can illuminate the contours of human agency. However, the possibility of self-ignorance and the fact that we change over time can make regret—especially anticipatory regret—not only a poor predictor of where the agent will be in the future but also an unreliable indicator of where the agent stands. Granting these, this paper examines the way in which prospective and, particularly, retrospective regret can nevertheless yield (...) important insight into the sorts of creatures we are, both generally and individually. The experience of retrospective regret can show a person she values something in a way she did not know or that she is (or was) a different person than she had thought, insights which can factor into forward-looking, or prospective, deliberation. Such instances of revelatory regret reveal something to the agent about herself as agent. I examine two cases of agential self-ignorance. In the first, the experience of regret reveals what the agent values, not only to others but even to the agent himself. In the second, the agent anticipates experiencing regret for an action but does not experience the regret, suggesting that the agent did not value the rejected alternative in the way she thought. Anticipatory regret is forward-looking and can play an important role in practical deliberation. But insofar as anticipatory regret flows from one’s imperfect judgment and prospection about oneself, retrospective regret can be an important corrective in helping the agent understand her own standpoint. (shrink)

This third paper locates the synthetic neurorobotics research reviewed in the second paper in terms of themes introduced in the first paper. It begins with biological non-reductionism as understood by Searle. It emphasizes the role of synthetic neurorobotics studies in accessing the dynamic structure essential to consciousness with a focus on system criticality and self, develops a distinction between simulated and formal consciousness based on this emphasis, reviews Tani and colleagues' work in light of this distinction, and ends by forecasting (...) the increasing importance of synthetic neurorobotics studies for cognitive science and philosophy of mind going forward, finally in regards to most- and myth-consciousness. (shrink)

Chalmers’ meta-problem of consciousness is the problem of explaining “problem reports”; i.e. reports to the effect that phenomenal consciousness has the various features that give rise to the hard problem. Chalmers suggests that solving the meta-problem will likely “shed significant light on the hard problem.” Against this, I argue that work on the meta-problem will likely fail to make the hard problem any easier. For each of the main stances on the hard problem can provide an account of problem reports, (...) and we have no way of deciding which of these accounts gives the correct explanation of an individual’s problem reports without presupposing a stance on the hard problem. We thus cannot determine which of the available solutions to the meta-problem is correct without having already solved the hard problem. (shrink)

Motion—and, in particular, local motion or change in location—plays a central role in Kenelm Digby’s natural philosophy and in his arguments for the immateriality of the soul. Despite this, Digby’s account of what motion consists in has yet to receive much scholarly attention. In this paper, I advance a novel interpretation of Digby on motion. According to it, Digby holds that for a body to move is for it to divide from and unify with other bodies. This is a view (...) of motion—as change in relations of parthood—that Alison Peterman attributes to Digby’s contemporary and acquaintance, Margaret Cavendish. Having shown that Digby’s presentation of the view predates Cavendish’s by more than a decade, I make a case that Digby’s work influenced Cavendish’s on this topic. In developing and defending my reading, I consider to what extent the Digbean account of motion and the arguments for it accord with the ideals of the mechanical philosophy emerging in the early modern period. (shrink)

Discoverability: the urgent need of an ecology of human creativity from the prolific Lorenzo Magnani is worthy of direct attention. The message may be of special interest to philosophers, ethicists and organizing scientists involved in the development of AI and related technologies which are increasingly directed at reinforcing conditions against which Magnani directly warns, namely the “overcomputationalization” of life marked by the gradual encroachment of technologically “locked strategies” into everyday decision-making until “freedom, responsibility, and ownership of our destinies” are ceded (...) and we, in parallel, build a future fit for artifacts over human beings. Professional educators - teachers and administrators serious about teaching - and policy-makers including the concerned public, parents and social activists concerned about the effects of technologies on development and well-being may benefit, as well. (shrink)

This article argues that standard causal and functionalist definitions of realization fail to account for the realization of entities that cannot be individuated in causal or functional terms. By modifying such definitions to require that realizers also logically suffice for any historical properties of the entities they realize, one can provide for the realization of entities whose resistance to causal/functional individuation stems from their possession of individuative historical properties. But if qualia cannot be causally or functionally individuated, then qualia can (...) be physically realized only if the thesis that all things are physical or physically realized is insufficient for physicalism. (shrink)

A brief account of educational aims, focussing on preparation for a life of autonomous well-being.

According to ethical objectivism, what a person should do depends on the facts, as opposed to their perspective on the facts. A long-standing challenge to this view is that it fails to accommodate the role that norms play in guiding a person’s action. Roughly, if the facts that determine what a person should do lie beyond their ken, they cannot inform a person’s deliberations. This paper explores two recent developments of this line of thought. Both focus on the epistemic counterpart (...) to ethical objectivism, according to which what a person should believe depends on the facts, as opposed to their perspective on the facts. The suggestion in each case is that epistemic objectivism faces a distinctive problem in accommodating guidance. Insofar as objectivism concerning the epistemic domain stands or falls with objectivism concerning the ethical domain, this is a problem for objectivism more generally. In this paper, I show that those arguments are not successful. The upshot is that the objectivist – whether ethical or epistemic – need not reject the idea that norms serve a guiding function. (shrink)

When talking about personal identity in the context of medical ethics, ethicists tend to borrow haphazardly from different philosophical notions of personal identity, or to abjure these abstract metaphysical concerns as having nothing to do with practical questions in medical ethics. In fact, however, part of the moral authority for respecting a patient’s self-regarding decisions can only be made sense of if we make certain assumptions that are central to a particular, psychological picture of personal identity, namely, that patients will (...) remain psychologically connected to a certain degree with their future selves. I draw this out, show problems with approaches in medical ethics based on alternate theories of personal identity that do not recognise this, and explore some important implications. Namely, I show how this recognition can better explain the circumstances under which we should respect advance directives and why, and how it can better make sense of patient fears that they will not "survive" personality-altering deep brain stimulation procedures, and provide guidance on approaching patient decisions concerning this type of procedure in a manner that captures and addresses such concerns. (shrink)

Gerben Meynen (2019) invites us to consider the potential ethical implications of what he refers to as “thought apprehension” technology for psychiatric practice, that is, technologies that involve recording brain activity, and using this to infer what people are thinking (or intending, desiring, feeling, etc.). His article is wide-ranging, covering several different ethical principles, various situations psychiatrists might encounter in therapeutic, legal and correctional contexts, and a range of potential incarnations of this technology, some more speculative than others. Although Meynen’s (...) article raises some highly relevant potential implications of some “thought apprehension”-based neurotechnologies, which are certainly worthy of further exploration, I suggest that Meynen’s analysis is beset by two problems. First, some of the technologies that form the focus of his discussion are too speculative, and second, due to the many issues under consideration, some problems are not adequately characterized, relevant ethical principles are misidentified, and valuable literature is not sufficiently engaged with. Consideration of these weaknesses might allow us to better see how to conduct a fruitful analysis of speculative neurotechnologies. (shrink)

Theories of phenomenal intentionality have been claimed to resolve certain worries about the indeterminacy of mental content that rival, externalist theories face. Thus far, however, such claims have been largely programmatic. This paper aims to improve on prior arguments in favor of phenomenal intentionality by using attention and Gestalt principles as specific examples of factors that influence the phenomenal character of perceptual experience in ways that thereby help determine perceptual content. Some reasons are then offered for rejecting an alternative interpretation (...) of these examples, according to which the phenomenal effects of attention and Gestalt principles play no role in the determination of perceptual content. (shrink)

Automated influence is one of the most pervasive applications of artificial intelligence in our day-to-day lives, yet a thoroughgoing account of its associated individual and societal harms is lacking. By far the most widespread, compelling, and intuitive account of the harms associated with automated influence follows what I call the control argument. This argument suggests that users are persuaded, manipulated, and influenced by automated influence in a way that they have little or no control over. Based on evidence about the (...) effectiveness of targeted advertising as well as empirical results about the nature of attentional control, I provide reasons to reject this argument. In turn, I use C. Thi Nguyen’s theory of value collapse to develop a new account of the harmfulness of automated influence. (shrink)

At the beginning of the COVID-19 pandemic, high hopes were placed on digital contact tracing. Digital contact tracing apps can now be downloaded in many countries, but as further waves of COVID-19 tear through much of the northern hemisphere, these apps are playing a less important role in interrupting chains of infection than anticipated. We argue that one of the reasons for this is that most countries have opted for decentralised apps, which cannot provide a means of rapidly informing users (...) of likely infections while avoiding too many false positive reports. Centralised apps, in contrast, have the potential to do this. But policy making was influenced by public debates about the right app configuration, which have tended to focus heavily on privacy, and are driven by the assumption that decentralised apps are “privacy preserving by design”. We show that both types of apps are in fact vulnerable to privacy breaches, and, drawing on principles from safety engineering and risk analysis, compare the risks of centralised and decentralised systems along two dimensions, namely the probability of possible breaches and their severity. We conclude that a centralised app may in fact minimise overall ethical risk, and contend that we must reassess our approach to digital contact tracing, and should, more generally, be cautious about a myopic focus on privacy when conducting ethical assessments of data technologies. (shrink)

The Exclusion Argument for physicalism maintains that since (1) every physical effect has a sufficient physical cause, and (2) cases of causal overdetermination are rare, it follows that if (3) mental events cause physical events as frequently as they seem to, then (4) mental events must be physical in nature. In defence of (1), it is sometimes said that (1) is supported if not entailed by conservation laws. Against this, I argue that conservation laws do not lend sufficient support to (...) (1) to render its denial ‘unscientific’, and that those who accept (3) and deny (4) may consequently respond to the Exclusion Argument by denying (1) without thereby setting themselves at odds with current science. I also argue that conservation laws are compatible with (3) and the negation of (4), and that one can therefore accept conservation laws and (3) while denying both (1) and (4). (shrink)

Introduction: representationalismMost theorists of cognition endorse some version of representationalism, which I will understand as the view that the human mind is an information-using system, and that human cognitive capacities are representational capacities. Of course, notions such as ‘representation’ and ‘information-using’ are terms of art that require explication. As a first pass, representations are “mediating states of an intelligent system that carry information” (Markman and Dietrich 2001, p. 471). They have two important features: (1) they are physically realized, and so (...) have causal powers; (2) they are intentional, in other words, they have meaning or representational content. This presumes a distinction between a representational vehicle—a physical state or structure that has causal powers and is responsible for producing behavior—and its content. Consider the following characterization of a device that computes the addition functionReaders will recognize the similarity t. (shrink)

Among the cognitive capacities of evolved creatures is the capacity to represent. Theories in cognitive neuroscience typically explain our manifest representational capacities by positing internal representations, but there is little agreement about how these representations function, especially with the relatively recent proliferation of connectionist, dynamical, embodied, and enactive approaches to cognition. In this talk I sketch an account of the nature and function of representation in cognitive neuroscience that couples a realist construal of representational vehicles with a pragmatic account of (...) mental content. I call the resulting package a deflationary account of mental representation and I argue that it avoids the problems that afflict competing accounts. (shrink)

Much of computational cognitive science construes human cognitive capacities as representational capacities, or as involving representation in some way. Computational theories of vision, for example, typically posit structures that represent edges in the distal scene. Neurons are often said to represent elements of their receptive fields. Despite the ubiquity of representational talk in computational theorizing there is surprisingly little consensus about how such claims are to be understood. The point of this chapter is to sketch an account of the nature (...) and function of representation in computational cognitive models. (shrink)

A common kind of explanation in cognitive neuroscience might be called functiontheoretic: with some target cognitive capacity in view, the theorist hypothesizes that the system computes a well-defined function (in the mathematical sense) and explains how computing this function constitutes (in the system’s normal environment) the exercise of the cognitive capacity. Recently, proponents of the so-called ‘new mechanist’ approach in philosophy of science have argued that a model of a cognitive capacity is explanatory only to the extent that it reveals (...) the causal structure of the mechanism underlying the capacity. If they are right, then a cognitive model that resists a transparent mapping to known neural mechanisms fails to be explanatory. I argue that a functiontheoretic characterization of a cognitive capacity can be genuinely explanatory even absent an account of how the capacity is realized in neural hardware. (shrink)

Were governments justified in imposing lockdowns to contain the spread of the COVID-19 pandemic? We argue that a convincing answer to this question is to date wanting, by critically analyzing the factual basis of a recent paper, “How Government Leaders Violated Their Epistemic Duties During the SARS-CoV-2 Crisis” (Winsberg et al. 2020). In their paper, Winsberg et al. argue that government leaders did not, at the beginning of the pandemic, meet the epistemic requirements necessitated to impose lockdowns. We focus on (...) Winsberg et al.’s contentions that knowledge about COVID-19 resultant projections were inadequate; that epidemiologists were biased in their estimates of relevant figures; that there was insufficient evidence supporting the efficacy of lockdowns; and that lockdowns cause more harm than good. We argue that none of these claims are sufficiently supported by evidence, thus impairing their case against lockdowns, and leaving open the question of whether lockdowns were justified. (shrink)

Models not only represent but may also influence their targets in important ways. While models’ abilities to influence outcomes has been studied in the context of economic models, often under the label ‘performativity’, we argue that this phenomenon also pertains to epidemiological models, such as those used for forecasting the trajectory of the Covid-19 pandemic. After identifying three ways in which a model by the Covid-19 Response Team at Imperial College London may have influenced scientific advice, policy, and individual responses, (...) we consider the implications of epidemiological models’ performative capacities. We argue, first, that performativity may impair models’ ability to successfully predict the course of an epidemic; but second, that it may provide an additional sense in which these models can be successful, namely by changing the course of an epidemic. (shrink)

Representationalism, in its most widely accepted form, is the view that the human mind is an information-using system, and that human cognitive capacities are to be understood as representational capacities. This chapter distinguishes several distinct theses that go by the name "representationalism," focusing on the view that is most prevalent in cogntive science. It also discusses some objections to the view and attempts to clarify the role that representational content plays in cognitive models that make use of the notion of (...) representation. (shrink)

Nicholas Shea offers Varitel Semantics as a naturalistic account of mental content. I argue that the account secures determinate content only by appeal to pragmatic considerations, and so it fails to respect naturalism. But that is fine, because representational content is not, strictly speaking, necessary for explanation in cognitive science. Even in Shea’s own account, content serves only a variety of heuristic functions.

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)

This is a survey of recent debates concerning the normativity of belief. We explain what the thesis that belief is normative involves, consider arguments for and against that thesis, and explore its bearing on debates in metaethics.

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)

Philosophers often find themselves in disagreement with contemporary philosophers they know full well to be their epistemic superiors on the topics relevant to the disagreement. This looks epistemically irresponsible. I offer a detailed investigation of this problem of the reflective epistemic renegade. I argue that although in some cases the renegade is not epistemically blameworthy, and the renegade situation is significantly less common than most would think, in a troublesome number of cases in which the situation arises the renegade is (...) blameworthy in her disagreement with recognized epistemic superiors. I also offer some thoughts on what it would mean for philosophical practice for us to refrain from being renegades. Finally, I show how a new kind of radical skepticism emerges from modest theses regarding the renegade. (shrink)

A common kind of explanation in cognitive neuroscience might be called functiontheoretic: with some target cognitive capacity in view, the theorist hypothesizes that the system computes a well-defined function (in the mathematical sense) and explains how computing this function constitutes (in the system’s normal environment) the exercise of the cognitive capacity. Recently, proponents of the so-called ‘new mechanist’ approach in philosophy of science have argued that a model of a cognitive capacity is explanatory only to the extent that it reveals (...) the causal structure of the mechanism underlying the capacity. If they are right, then a cognitive model that resists a transparent mapping to known neural mechanisms fails to be explanatory. I argue that a functiontheoretic characterization of a cognitive capacity can be genuinely explanatory even absent an account of how the capacity is realized in neural hardware. (shrink)

The prospective introduction of autonomous cars into public traffic raises the question of how such systems should behave when an accident is inevitable. Due to concerns with self-interest and liberal legitimacy that have become paramount in the emerging debate, a contractarian framework seems to provide a particularly attractive means of approaching this problem. We examine one such attempt, which derives a harm minimisation rule from the assumptions of rational self-interest and ignorance of one’s position in a future accident. We contend, (...) however, that both contractarian approaches and harm minimisation standards are flawed, due to a failure to account for the fundamental difference between those ‘involved’ and ‘uninvolved’ in an impending crash. Drawing from classical works on the trolley problem, we show how this notion can be substantiated by reference to either the distinction between negative and positive rights, or to differences in people’s claims. By supplementing harm minimisation with corresponding constraints, we can develop crash algorithms for autonomous cars which are both ethically adequate and promise to overcome certain significant practical barriers to implementation. (shrink)

Recent developments in neuroscience have inspired proposals to perform deep brain stimulation on psychopathic detainees. We contend that these proposals cannot meet important ethical requirements that hold for both medical research and therapy. After providing a rough overview of key aspects of psychopathy and the prospects of tackling this condition via deep brain stimulation, we proceed to an ethical assessment of such measures, referring closely to the distinctive features of psychopathic personality, particularly the absence of subjective suffering and a lack (...) of moral motivation. Scrutiny of these factors reveals that two essential bioethical criteria, individual medical benefit and voluntary informed consent, cannot be met in performing neurosurgical experiments or treatments on psychopathic inmates. (shrink)

This is a short essay that presents what I take to be the main questions regarding the epistemology of disagreement.

Zu Beginn der Pandemie im Frühjahr 2020, und nach einem weitreichenden Lockdown, ruhten große Erwartungen auf Corona-Warn-Apps, um einen erneuten Lockdown zu verhindern. Diese Erwartungen haben sich nicht erfüllt; stattdessen wurden in Deutschland als Reaktion auf erneute Wellen von COVID-19 weitere Kontaktbeschränkungen verordnet. Wie hätte die digitale Kontaktverfolgung wirksamer gestaltet werden können? Wir argumentieren, dass es ein Spannungsfeld zwischen der Datensparsamkeit und einer wirksamen Bekämpfung der Pandemie besteht. Im Gegensatz zur deutschen Corona-Warn-App wäre eine Variante der App, in der pseudonymisierte (...) Kennungen zentral gespeichert werden, in der Lage gewesen, die Effektivität der Kontaktverfolgung entscheidend zu erhöhen. Schließlich argumentieren wir, dass das Spannungsfeld zwischen Datensparsamkeit und einer wirksamen Pandemiebekämpfung sich jedoch nicht in einen Wertekonflikt übersetzt, weil zentrale Systeme uns trotz ihrer erhöhten Wirksamkeit nicht vor deutlich gravierendere Probleme beim Datenschutz stellen als dezentrale Systeme. Zentrale Möglichkeiten der digitalen Kontaktverfolgung wären daher ethisch gerechtfertigt, um auf weitere Wellen von COVID-19 oder auf zukünftige Epidemien effektiv zu reagieren. (shrink)

If you retain your belief upon learning that a large number and percentage of your recognized epistemic superiors disagree with you, then what happens to the epistemic status of your belief? I investigate that theoretical question as well has the applied case of philosophical disagreement—especially disagreement regarding purely philosophical error theories, theories that do not have much empirical support and that reject large swaths of our most commonsensical beliefs. I argue that even if all those error theories are false, either (...) (a) the average philosopher’s true commonsensical beliefs are epistemically impoverished, or (b) a good portion of philosophy is bunk and philosophers should give up most of their error theories despite the fact that their supporting arguments are generally as good as or even better than other philosophical arguments. (shrink)

Many philosophers are sceptical about the power of philosophy to refute commonsensical claims. They look at the famous attempts and judge them inconclusive. I prove that, even if those famous attempts are failures, there are alternative successful philosophical proofs against commonsensical claims. After presenting the proofs I briefly comment on their significance.

A new kind of skepticism about philosophy is articulated and argued for. The key premise is the claim that many of us are well aware that in the past we failed to have good responses to substantive objections to our philosophical beliefs. The conclusion is disjunctive: either we are irrational in sticking with our philosophical beliefs, or we commit some other epistemic sin in having those beliefs.

Comments on Karen Neander's A Mark of the Mental.

In the philosophy of perception, representationalism is the view that all phenomenological differences among mental states are representational differences, in other words, differences in content. In this paper I defend an alternative view which I call external sortalism, inspired by traditional adverbialism, and according to which experiences are not essentially representational. The central idea is that the external world serves as a model for sorting, conceptualizing, and reasoning surrogatively about perceptual experience. On external sortalism, contents are construed as a kind (...) of gloss on experiences themselves. We can retain what is attractive about representationalism, namely, that perceptual experiences can be evaluated for accuracy, without problematic commitment to the idea that they bear a substantive, representational relation to external objects and properties and that this relation determines the phenomenal character of experience. (shrink)

This article argues, first, that there is plenty of agreement among philosophers on philosophically substantive claims, which fall into three categories: reasons for or against certain views, elementary truths regarding fundamental notions, and highly conditionalized claims. This agreement suggests that there is important philosophical progress. It then argues that although it's easy to list several potential kinds of philosophical progress, it is much harder to determine whether the potential is actual. Then the article attempts to articulate the truth that the (...) deniers of philosophical progress are latching on to. Finally, it comments on the significance of the agreement and progress. (shrink)

This paper presents results found through searching publicly available U.S. data sources for information about how to handle incidental fndings (IF) in human subjects research, especially in genetics and genomics research, neuroimaging research, and CT colonography research. We searched the Web sites of 14 federal agencies, 22 professional societies, and 100 universities, as well as used the search engine Google for actual consent forms that had been posted on the Internet. Our analysis of these documents showed that there is very (...) little public guidance available for researchers as to how to deal with incidental fndings. Moreover, the guidance available is not consistent. (shrink)

Successful sports teams are able to adopt what is known as the 'we-perspective,' forming intentions and making decisions, somewhat as a unified mind does, to achieve their goals. In this paper I consider what is involved in establishing and maintaining the we-perspective on a racing sailboat. I argue that maintaining the we-perspective contributes to the success of the boat in at least two ways: (1) it facilitates the smooth execution of joint action; and (2) it increases the chance that individual (...) crew members will exert their best effort in fulfilling their particular roles on the boat. (shrink)

In the introduction I argue that the basic element (or primitive) for constructing the physical universe is "displacement from a prior level", and the basic structure is "a sequence of such displacements" (summarized as postulates 1 and 2). The displacements are then defined as one-dimensional objects with a direction (postulate 3). The relations between these displacements are stated in postulate 4. In section 2 we discuss basic consequences of the postulates, and in section 3 we use the postulates to derive (...) a (3+1)-dimensional structure, interpreted as ordinary space and time. We then derive further properties of space --- isotropy, homogeneity, and a rapid early expansion (i.e. inflation). Time, comporting with experience, is shown to be a one-dimensional stream --- with a direction. In section 4 we associate energy with the displacements, and find that the same factors that construct ordinary space (and make it isotropic and homogeneous) also smear the locations of entities/particles across that space --- thereby providing a mechanism/explanation for that iconic and enigmatic aspect of quantum mechanics. We also determine that there must be a continual, uniformly-distributed stream of (non-zero-point) energy coming into the system that constructs new space (i.e. dark energy). The streaming natures of both time and dark energy are shown to have the same basic cause: the processes that input dark energy into the system, and that construct time, are themselves independent of time --- and so they are continual processes. Further consequences follow from the model, including an explanation for why the presence of energy affects space and time, and why quantum vacuum energy is an exception to this rule (i.e. does not gravitate) --- thereby eliminating the cosmological constant problem. A key benefit of the model is that it liberates us from always having to think about the construction of the universe in terms of spatio-temporal relations and evolution (e.g. the big bang model), which is problematic because presumably (and as we will indeed see) space and time are products of the fundamental construction process, not things that govern it. (shrink)

Comments on Karen Neander's A Mark of the Mental.

I’m going to argue for a set of restricted skeptical results: roughly put, we don’t know that fire engines are red, we don’t know that we sometimes have pains in our lower backs, we don’t know that John Rawls was kind, and we don’t even know that we believe any of those truths. However, people unfamiliar with philosophy and cognitive science do know all those things. The skeptical argument is traditional in form: here’s a skeptical hypothesis; you can’t epistemically neutralize (...) it, you have to be able to neutralize it to know P; so you don’t know P. But the skeptical hypotheses I plug into it are “real, live” scientific-philosophical hypotheses often thought to be actually true, unlike any of the outrageous traditional skeptical hypotheses (e.g., ‘You’re a brain in a vat’). So I call the resulting skepticism Live Skepticism. Notably, the Live Skeptic’s argument goes through even if we adopt the clever anti-skeptical fixes thought up in recent years such as reliabilism, relevant alternatives theory, contextualism, and the rejection of epistemic closure. Furthermore, the scope of Live Skepticism is bizarre: although we don’t know the simple facts noted above, many of us do know that there are black holes and other amazing facts. (shrink)

Those of us who take skepticism seriously typically have two relevant beliefs: (a) it’s plausible (even if false) that in order to know that I have hands I have to be able to epistemically neutralize, to some significant degree, some skeptical hypotheses, such as the brain-in-a-vat (BIV) one; and (b) it’s also plausible (even if false) that I can’t so neutralize those hypotheses. There is no reason for us to also think (c) that the BIV hypothesis, for instance, is plausible (...) or probably true. In order to take skepticism seriously it’s sufficient to hold (a) and (b); one need not hold (c). Indeed, philosophers who accept (a) and (b) never endorse (c). Show me a philosopher who suspects that he is a brain in a vat and I’ll show you someone who is deranged! That’s one thing that bothers undergraduates in philosophy. They object: why on earth do some philosophers take the BIV hypothesis to pose any threat at all to our beliefs given that those very same philosophers think that there’s no real chance that the BIV hypothesis is true? Sure, the BIV hypothesis is formally inconsistent with my belief that I have hands, so if the former is true then my belief is false. But so what? Why should that bare inconsistency matter so much? Is this strange attitude amongst philosophers the result of some logic fetish infecting the philosophical community? It is sometimes said that the skeptical hypotheses are not only inconsistent with our beliefs but are explanatory of our experiences, which is supposed to make them more of a threat. But students aren’t fooled: although the skeptical hypotheses may attempt to explain why our experience is as it is, it’s the kind of attempt appropriate for science fiction movies that are all special effects and virtually no plot. No one with any sense of reality will take the evil demon hypothesis to be even tenuously explanatory. (shrink)

Many people with religious beliefs, pro or con, are aware that those beliefs are denied by a great number of others who are as reasonable, intelligent, fair-minded, and relatively unbiased as they are. Such a realization often leads people to wonder, “How do I know I’m right and they’re wrong? How do I know that the basis for my belief is right and theirs is misleading?” In spite of that realization, most people stick with their admittedly controversial religious belief. This (...) entry examines the epistemology of such belief retention, addressing issues of disagreement, agnosticism, skepticism, and the rationality of reflective religious belief. (shrink)