Common lawyers are accustomed to the presumption of innocence being described as a “golden thread” running “[t]hroughout the web” of the criminal law: “that it is the duty of the prosecution to prove the prisoner’s guilt” (Woolmington v DPP [1935] AC 462 per Viscount Sankey LC at 481). But although the language of “golden thread” is memorable and oft-quoted, the presumption of innocence must mean more than this: it is not simply a restatement of the burden of proof in a (...) criminal trial.Once this simple point is recognised, a whole host of more complex questions arise. For example: what, precisely, is the scope of the principle? Is this a matter on which consensus is possible or desirable? What role does the presumption have to play in pre-trial proceedings, in decisions by prosecutors? Does the presumption have consequences for the substantive criminal law, or can legislators blunt its impact by defining criminal offences so as to deprive the presumption of its bite? Can legislators tr. (shrink)

After two decades in the 21st Century, and despite all the advances in the area, some very important names from past centuries still do not have the recognition they deserve in the global history of library and information science and, specifically, of knowledge organization. Although acknowledged in British librarianship, the name of James Duff Brown still does not have a proper recognition on a global scale. His contributions to a free and more democratic library had a prominent place (...) in the works and projects he developed during his time at the libraries of Clerkenwell and Islington in London. Free access to the library shelves, an architecture centered on books and people, and classifications that are more dynamic were dreams fulfilled by Brown. With this biographical article, we hope to live up to his legacy and pay homage to a true librarian and an advocate of the public library and subject classification. (shrink)

We describe on-going work on IAO-Intel, an information artifact ontology developed as part of a suite of ontologies designed to support the needs of the US Army intelligence community within the framework of the Distributed Common Ground System (DCGS-A). IAO-Intel provides a controlled, structured vocabulary for the consistent formulation of metadata about documents, images, emails and other carriers of information. It will provide a resource for uniform explication of the terms used in multiple existing military dictionaries, thesauri and metadata registries, (...) thereby enhancing the degree to which the content formulated with their aid will be available to computational reasoning. (shrink)

We argue performance in the serial reaction time task is associated with gradations of awareness that provide examples of fringe consciousness [Mangan, B. . Taking phenomenology seriously: the “fringe” and its implications for cognitive research. Consciousness and Cognition, 2, 89–108, Mangan, B. . The conscious “fringe”: Bringing William James up to date. In B. J. Baars, W. P. Banks & J. B. Newman , Essential sources in the scientific study of consciousness . Cambridge, MA: The MIT Press.], and address (...) limitations of the traditional SRT procedure, including criticism of exclusion generation tasks. Two experiments are conducted with a modified SRT procedure where irrelevant stimulus attributes obscure the sequence rule. Our modified paradigm, which includes a novel exclusion task, makes it easier to demonstrate a previously controversial influence of response stimulus interval on awareness. It also allows identification of participants showing fringe consciousness rather than explicit sequence knowledge, as reflected by dissociations between different awareness measures. The NEO-PI-R variable Openness to Feelings influenced the diversity of subjective feelings reported during two awareness measures, but not the degree of learning and awareness as previously found with traditional SRT tasks [Norman, E., Price, M. C., & Duff, S. C. . Fringe consciousness in sequence learning: the influence of individual differences. Consciousness and Cognition, 15, 723–760.]. This suggests possible distinctions between two components of fringe consciousness. (shrink)

This paper addresses three doctrinal phenomena of which it finds evidence in English law: the quiet extension of the criminal law so as to criminalise that which is by no means an obvious offence; the creation of offences the goal of which is not to guide potential offenders away from crime; and the existence of offending behaviour which is not itself thought to justify arrest or prosecution. While such phenomena have already been criticised by other criminal law theorists, this paper (...) offers a critique to which little attention has yet been paid. It argues that the existence of these phenomena has been concealed from public view: that the organs of state have encouraged the belief that they are no part of English law. The paper then argues that it is high time the state came clean. The state owes its people answers for the imposition of the criminal law: it must account for the creation and enforcement of any given criminal offence. When the state misleads its people about the criminal law’s scope, goals and enforcement, it refuses to provide those people with the answers they are owed. (shrink)

Here reprinted from the 1902 Macmillan edition.

This chapter explores the possibility of weakening the criteria for causal explanation in Making Things Happen to yield various forms of non-causal explanation. These include the following: retaining the idea that explanations must answer what if things had been different questions but dropping the requirement the answers to such questions must take the form of claims about what would happen under interventions. Retaining the w- question requirement but allowing generalizations that hold for mathematical or conceptual reasons to figure in explanations. (...) Dropping the w-question requirement to accommodate the role of information about irrelevance in explanation. (shrink)

Two books bound together, from the religious period of one of the most renowned and representative thinkers. Written for laymen, thus easy to understand, it is penetrating and brilliant as well. Illuminations of age-old religious questions from a pragmatic perspective, written in a luminous style.

The idea behind this book is that developing a conception of the physical world and a conception of mind is impossible without the exercise of agency, meaning "the power to alter at will one's perceptual inputs". The thesis is derived from a philosophical account of the role of agency in knowledge - the first time this has been attempted in the context of developmental psychology. The book is divided into three parts. In Part One, Russell argues that purely "representational" theories (...) of mind and of mental development have been overvalued, thereby clearing the ground for the book's central thesis. In Part Two, he proposes that, because objective experience depends upon the experience of agency, the development of the "object concept" in human infants is grounded in the development of executive-attentional capacities. In Part Three, an analysis of the links between agency and self-awareness generates an original theory of the nature of certain stage-like transitions in mental functioning and of the relationship between executive and mentalising deficits in autism. The book will be of particular interest to students and researchers in cognitive-developmental psychology, to philosophers of mind, and to anybody with an interest in cognitive science. (shrink)

The goal of this book is to develop a new approach to reading the rule-following sections guided by a simple idea. The simple idea is that Wittgenstein's remarks on rule-following are split between two distinct but complementary projects. The projects are marked not only by different guiding questions, but different presuppositions and methodologies. There is of course precedent for reading the rule-following remarks as comprising two parts. For example, there is the reading of (S. Kripke 1982) on which Wittgenstein first (...) presents a skeptical challenge before turning to its skeptical solution. And there are readings like (Minar 2011) and (Goldfarb 2012) that likewise treat the sections as roughly divided into two components or "chapters." But even these commentators do not explicitly associate their components with different questions and associated methodologies, and so fall short of attributing to Wittgenstein's text anything quite like the thoroughgoing bipartite structure I will be proposing here. (shrink)

Neoliberalism co-opts noisy riots like feminism and hardcore music--can melancholic siren songs fight back?

The author argues that the fourth-century philosophers used protreptic discourses to market philosophical practices and to define and legitimize the school of higher learning.

This generous omnium-gatherum brings together all the writings William James published that have not appeared in previous volumes of this definitive edition of ...

Several of the essays, like "The Sentiment of Rationality" and "The Knowing of Things Together," are of particular significance in the development of the views ...

Humility has not always been regarded as a virtue. Aristotle, if he recognized it at all, seems to have regarded it as a vice, a deficiency in regard to magnanimity. In the popular culture of the twenty-first century, while courage is held in high moral esteem, the regard given to humility is more questionable. Humility, however, is not universally dismissed as a virtue. Many see it as having moral value. In fact, a number of contemporary philosophers are relatively clear that (...) humility is a morally valuable trait and so is a moral virtue, although they disagree about its character. For traditional Christianity and Judaism, of course, and for other religious traditions, humility is a religious virtue. However, if humility is a religious virtue, is it different from humility as a moral virtue? Below, we shall start in section II with the question, What is the best way to understand the general notion of humility? In section III it shall be followed by the question, What are the core contrasting states that humility opposes? Third , in section IV we shall ask, Does humility as a religious virtue have a distinctive and abiding character? (shrink)

Ethics appears early in the life of a culture. It is not the creation of philosophers. Many philosophers today think that their job is to take the ethics of their society in hand, analyse it into parts, purge the bad ideas, and organize the good into a systematic moral theory. The philosophers' ethics that results is likely to be very different from the culture's raw ethics and, they think, being better, should replace it. But few of us, even among philosophers, (...) settle real-life moral questions by consulting the Categorical Imperative or the Principle of Utility, largely because, if we do, we often do not trust the outcome or cannot even reliably enough decide what it is. By contrast, James Griffin explores the question what philosophers can reasonably expect to contribute to normative ethics or to the ethics of a culture. Griffin argues that moral philosophers must tailor their work to what ordinary humans' motivational capabilities, and he offers a new account of moral deliberation. (shrink)

Christian tradition has largely held three affirmations on the resurrection of the physical body. Firstly, that bodily resurrection is not a superfluous hope of afterlife. Secondly, there is immediate post-mortem existence in Paradise. Finally, there is numerical identity between pre-mortem and post-resurrection human beings. The same tradition also largely adheres to a robust doctrine of The Intermediate State, a paradisiacal disembodied state of existence following the biological death of a human being. This book argues that these positions are in fact (...) internally inconsistent, and so a new metaphysics for life after death is required. (shrink)

Boredom has been characterized as a crisis of meaning, a failure of attention, and a call to action. Yet as a self-regulatory signal writ-large, we are still left with the question of what makes any given boredom episode meaningless, disengaging, or a prompt to act. We propose that boredom is an affective signal that we have deviated from an optimal (‘Goldilocks’) zone of cognitive engagement. Such deviations may be due to a perceived lack of meaning, arise as a consequence of (...) struggles we are experiencing in attending to a task, or be interpreted as a blunt call to find something different to engage with. Thus, the key to understanding boredom lies in its role in keeping us cognitively engaged. -/- . (shrink)

Kuhn closed the Introduction to The Structure of Scientific Revolutions with what was clearly intended as a rhetorical question: How could history of science fail to be a source of phenomena to which theories about knowledge may legitimately be asked to apply? (Kuhn 1970, 9) This paper argues that there is a more fruitful way of conceiving the relationship between a historical and philosophical study of science, which is dubbed the 'phylogenetic' approach. I sketch an example of this approach, and (...) take a first pass at an abstract characterization of the method. (shrink)

Infamous cases like Enron and Bernie Madoff question whether business is an inherently dubious activity. Honorable Business argues that there is, in fact, such a thing as honorable business, which seeks to generate value not only for itself but for all parties to its transactions-and to society generally.

The objectivity of Bayesian induction relies on the ability of evidence to produce a convergence to agreement among agents who initially disagree about the plausibilities of hypotheses. I will describe three sorts of Bayesian convergence. The first reduces the objectivity of inductions about simple "occurrent events" to the objectivity of posterior probabilities for theoretical hypotheses. The second reveals that evidence will generally induce converge to agreement among agents on the posterior probabilities of theories only if the convergence is 0 or (...) 1. The third establishes conditions under which evidence will very probably compel posterior probabilities of theories to converge to 0 or 1. (shrink)

When it comes to liberalism, the usual story in postwar America is one of decline, accompanied by the subplot of conservatism’s ascendance. But take a longer view—look beyond and below politics—and it is the unchallenged triumph of liberalism and its philosophical assumptions that ought to command our attention. The triumph of liberalism means the tyranny of liberalism, explains James Kalb in this illuminating book, for liberalism is the extension into the sociopolitical realm of modern scientific thought and technological rationality. (...) These modes of thinking are regarded by nearly everyone today as uniquely authoritative; those institutions and beliefs which do not conform are regarded at best as annoyances, and at worst as evil. Furthermore, Kalb shows how liberalism is an expression of the interests and outlook of commercial and managerial elites, who are suspicious of less rationalized and controllable forms of social organization like the family. Kalb does not merely rehearse a tale of woe, nor is he content simply to analyze the current situation. With reference to concrete issues such as the debate surrounding same-sex marriage, he outlines the kind of traditionalist response to liberalism that is likely to be most effective. He argues that traditional, decentralized, and nonliberal forms of social organization are ultimately impossible to eradicate, and he shows how more human forms of association than those favored by liberalism might once again be brought into being. (shrink)

A timely and accessible synthesis of the strengths, weaknesses and reality of science through the eyes of a practicing scientist.

Explores the Pragmatists' contributions to American social thought, drawing upon the writings of William James, John Dewey, George Herbert Mead, James Hayden Tufts, and their various critics. This work also explores the Pragmatic analysis of society's potential for ongoing intelligent inquiry and cooperative evaluation to address social ills.

This important collection of essays details some of the more significant methodological and philosophical differences that have separated the two traditions, as ...

In all these discussions, the author explains the arguments he is criticizing, for the benefit of the non-specialist reader, so that this work can serve as a ...

The intertwining: the recursion of the seer and the seen -- Artificial intelligence and the phenomenology of flesh -- Aesthetic education and the project of being human -- The intertwining of incommensurables: Yann Martel's life of Pi -- Flesh and the limits of self-making -- Violence and embodiment -- Excessive presence and the image -- Politics and freedom -- Sovereignty and alterity -- Political violence -- Public space -- Sustaining the other: tolerance as a positive ideal -- Forgiveness and incarnation.

The Jubilee Centre’s new report, Virtuous Character for the Practice of Law, sets about trying to examine the place of character and values in the legal profession in Britain. The report draws its findings from a UK focused survey of 966 lawyers and aspiring lawyers at varying stages of their careers. It is one of the largest pieces of research carried out in Britain focusing on issues of character and virtue within a specific industry sector.

What is the cognitive significance of talking to ourselves? I criticize two interpretations of this function , and offer a third: I argue that inner speech is a genuine dialogue, not a monologue; that the partners in this dialogue represent the independent interests of experienced meaning and logical articulation; that the former is either silent or capable only of abbreviated speech; that articulation is a logical, not a social demand; and that neither partner is a full-time subordinate of the other. (...) I examine the views of Plato, Arendt, Gadamer, Ryle, Piaget and Vygotsky on the nature of inner speech, and the views of Gazzaniga and Dennett on the role of inner speech in the constitution of human consciousness. (shrink)

Discussing authorial power, landscape metaphor and the notions of community and sense of place, this explores the ways in which spatial and cultural analysis have found much common ground in making sense of ourselves and the landscape we inhabit.

Jeremy Bentham was an ardent secularist convinced that society could be sustained without the support of religious institutions or beliefs. This is writ large in the commonly neglected books on religion he wrote and published during the last twenty-five years of his life. However his earliest writings on the subject date from the 1770s, when as a young man he first embarked on his calling as a legal theorist and social reformer. From that time on, religion was never far from (...) the centre of his thoughts. In Secular Utilitarianism, James Crimmins illustrates the nature, extent, and depth of Jeremy Bentham's concern with religion, from his Oxford days of first doubts to the middle years of quiet unbelief, and finally, the zealous atheism and secularism of his later life. Dr Crimmins provides an interpretation of Bentham's thought in which his religious views, hitherto of little interest to Bentham scholars, are shown to be integral: on the one hand intimately associated with the metaphysical, epistemological, and psychological principles which gave shape to his system as a whole, and on the other central to the development of his entirely secular view of society. (shrink)