The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts. More importantly, legal systems may choose differing theoretical or policy approaches to resolving the same issues, which sometimes – but not always – lead to similar outcomes. This book is the second volume of a series in which (...) eminent scholars from German-speaking and Anglo-American jurisdictions work together on comparative essays that explore foundational concepts of criminal law and procedure. Each topic is illuminated from German and Anglo-American perspectives, and differences and similarities are analysed. (shrink)

It is often presumed that anti-haecceitists are not committed to the identity of indiscernibles. However, I argue that anti-haecceitism implies a particularly strong thesis about when individuals are indiscernible which motivates the identity of indiscernibles. The argument is first sketched intuitively and then formalized in a system of higher-order modal logic.

Chisholm’s paradox serves as an important constraint on our modal theorising. For example, one lesson of the paradox is that widely accepted essentialist theses appear incompatible with metaphysical necessity obeying a logic that includes S4. However, this article cautions against treating Chisholm’s paradox in isolation, as a single line of reasoning. To this end, the article outlines two crucial morals about Chisholm’s paradox which situate the paradox within a broad family of paradoxes. Each moral places significant constraints on the paradox’s (...) solution space. In light of this perspective, the paper applies the two morals to a recently proposed solution to Chisholm’s Paradox by Benj Hellie, Murray and Wilson Oxford studies in metaphysics, Oxford University Press, Oxford, 2012). (shrink)

Following Smiley’s influential proposal, it has become standard practice to characterise notions of relative necessity in terms of simple strict conditionals. However, Humberstone and others have highlighted various flaws with Smiley’s now standard account of relative necessity. In their recent article, Hale and Leech propose a novel account of relative necessity designed to overcome the problems facing the standard account. Nevertheless, the current article argues that Hale & Leech’s account suffers from its own defects, some of which Hale & Leech (...) are aware of but underplay. To supplement this criticism, the article offers an alternative account of relative necessity which overcomes these defects. This alternative account is developed in a quantified modal propositional logic and is shown model-theoretically to meet several desiderata of an account of relative necessity. (shrink)

Following David Lewis, Ted Sider has famously argued that unrestricted first-order quantification cannot be vague. His argument was intended as a type of reductio: its strategy was to show that the mere hypothesis of unrestricted quantifier vagueness collapses into the claim that unrestricted quantification is precise. However, this short article considers two natural reconstructions of the argument, and shows that each can be resisted. The theme will be that each reconstruction of the argument involves assumptions which advocates of vague quantification (...) have independent reason to reject. (shrink)

There are various well-known paradoxes of modal recombination. This paper offers a solution to a variety of such paradoxes in the form of a new conception of metaphysical modality. On the proposed conception, metaphysical modality exhibits a type of indefinite extensibility. Indeed, for any objective modality there will always be some further, broader objective modality; in other terms, modal space will always be open to expansion.

I present a novel argument against the non-contingency of identity. I first argue that the necessity of distinctness is intimately connected with numerous paradoxes of recombination. In particular, I argue that those who reject the necessity of distinctness have natural solutions to various paradoxes of recombination which have plagued the metaphysics of modality. Moreover, I argue that adding the necessity of distinctness to modest, paradox-free assumptions is sufficient to reinstate the paradoxes. Given that identity is non-contingent only if distinctness is (...) necessary, I suggest this constitutes new evidence against the non-contingency of identity. (shrink)

Let Nomological Bound be the thesis that there is nothing objectively possible beyond what is physically possible. Nomological Bound has struck many as a live hypothesis. Nevertheless, in this article I provide a novel argument against it. Yet even though I claim that Nomological Bound is false, I argue that the boundaries of objective possibility can still be characterized intimately in terms of physical necessity. This is philosophically significant, for on a natural understanding it constitutes the powerful anti-sceptical result that (...) those who believe in physical necessity should not harbour any scepticism towards merely metaphysical possibilities. (shrink)

In the metaphysics of modality, one finds a distinction between two families of modalities: the so-called ‘objective’, ‘real’ or ‘circumstantial’ modalities and the ‘non-objective’, ‘non-real’ or ‘non-circumstantial’ modalities. The guiding thought is that in some intuitive sense the former modalities pertain to contingency in worldly circumstance—how things could have genuinely otherwise been—whereas the latter do not. Moreover the distinction has acquired importance through attempts to elucidate the modality of metaphysical necessity by assigning it a distinctive role within the objective modalities. (...) In this paper I use the resources of higher-order modal logic to explore how one might systematize these ideas. I present a formal tension which shows that one natural way of systematizing them is unstable. And whilst I show that there are ways of stabilizing the guiding picture, even the best of them involves deeply non-trivial departures from how that picture is ordinarily understood. I conclude by revisiting the motivation for the underlying picture of modalities. (shrink)

Contingentism is the view that it is contingent which things exist. Despite its plausibility, advocates of contingentism face a well-known ‘challenge’ to demonstrate that they can draw what appear to be intelligible modal distinctions (Williamson Modal Logic as Metaphysics. Oxford University Press, Oxford, 2013). In this article, I argue that if certain controversial modal principles fail, the challenge contingentists face becomes much more difficult. Whereas extant challenges concern contingentists’ inability to draw quite theoretical second-order modal distinctions, I present a challenge (...) which concerns contingentists’ inability to draw simpler first-order distinctions. This indicates that in certain modal settings there may well be significant first-order barriers to maintaining contingentism. (shrink)

In this fresh interpretation of Heidegger, Alexander S. Duff explains Heidegger's perplexing and highly varied political influence. Heidegger and Politics argues that Heidegger's political import is forecast by fundamental ambiguities about the status of politics in his thought. Duff explores how, in Being and Time as well as earlier and later works, Heidegger analyzes 'everyday' human existence as both irretrievably banal but also supplying our only tenuous path to the deepest questions about human life. Heidegger thus points (...) to two irreconcilable attitudes toward politics: either a total and purifying revolution must usher in an authentic communal existence, or else we must await a future deliverance from the present dispensation of Being. Neither attitude is conducive to moderate politics, and so Heidegger's influence tends towards extremism of one form or another, modified only by explicit departures from his thought. (shrink)

In this empirical paper, Jay, Stone, Meksin, Merck, Gordon and Hirst examine whether jury deliberations, in which individuals collaboratively recall and discuss evidence of a trial, shape the jurors’ memories. In doing so, Jay and colleagues provide a highly ecologically valid baseline for future investigation into why, how and when selective recall either facilitates remembering or leads to forgetting during jury deliberations. In particular, Jay et al. explore the specific social and cognitive mechanisms that might lead to either memory facilitation (...) (RIFA – Retrieval Induced Facilitation) and forgetting (RIF ‐ Retrieval Induced Forgetting) during jury deliberation. (shrink)

The Principle of Sufficient Reason must be justified dialectically: by showing the disastrous consequences of denying it. We formulate a version of the Principle that is restricted to basic natural facts, which entails the obtaining of at least one supernatural fact. Denying this principle results in extreme empirical skepticism. We consider six current theories of empirical knowledge, showing that on each account we cannot know that we have empirical knowledge unless we all have a priori knowledge of the PSR. We (...) consider objections based on Neo-Humeanism and the essentiality of origins, and we consider the possibility that we have empirical knowledge without knowing it. (shrink)

Here we present the personal perspectives of two authors on the important and unfortunately frequent scenario of ambulance clinicians facing a deceased individual and family members who do not wish them to attempt cardiopulmonary resuscitation. We examine the professional guidance and the protection provided to clinicians, which is not matched by guidance to protect family members. We look at the legal framework in which these scenarios are taking place, and the ethical issues which are presented. We consider the interaction between (...) ethics, clinical practice and the law, and offer suggested changes to policy and guidance which we believe will protect ambulance clinicians, relatives and the patient. (shrink)

Mit diesem Buch wird erstmals ein umfassendes und systematisches Referenzwerk zu Christian Wolff vorgelegt, das alle wichtigen Aspekte zu Leben und Werk des Philosophen behandelt. Das Handbuch ist von international renommierten Experten verfasst und behandelt neben der Biographie und der philosophiegeschichtlichen Rolle Wolffs sowohl sein philosophisches als auch sein naturwissenschaftlich-mathematisches Werk.

We examine the role of need satisfaction in non-comparative justice ratings about endowments with goods. As normative approaches, we discuss utilitarianism, prioritarianism, and sufficientarianism. Using a vignette experiment, we show that a need context increases the prevalence of prioritarianistic and sufficientarianistic justice ratings, which leads to an ethically problematic sigmoid shape of the justice evaluation function.

This thesis examines the alethic modal concepts of possibility and necessity. It is argued that one cannot do justice to all our modal talk without possible worlds, i.e., complete ways that a cosmos might have been. I argue that not all of the proposed applications of possible worlds succeed but enough remain to give one good theoretical reason to posit them. The two central problems now are: What feature of reality makes correct alethic modal claims true and What are possible (...) worlds? ;David Lewis makes possible worlds be concretely existing universes. Unfortunately, I show Lewis's account involves set-theoretic, ethical, inductive and probabilistic paradoxes, and commits Lewis to an objectionable form of primitive modality that governs the choice of the counterpart relation. The most promising contemporary alternatives to Lewis's theory have been the worlds of Adams and Plantinga constructed out of Platonic entities such as maximal collections of consistent propositions. However, these approaches fail to provide a satisfactory answer to the question of what makes true modal claims true. I also criticize some alternative accounts. ;Finally, I discuss and combine two historical approaches. The first is an Aristotelian approach that says a non-actual event is possible is to say that some actual substances could have initiated a causal chain that could lead up to the event in question. However, it can be shown that some plausible global possibility claims can be made true on this account only if there is a necessarily existent first cause capable of initiating very different universes. On the other hand, Leibniz made possible worlds be ideas in the mind of an omniscient necessarily existent deity. Leibniz fails to explain what it is that makes these possible worlds possible, but if we were willing to combine his story with the conclusion drawn from the Aristotelian one, we could get the following story: Possible worlds are ideas in the mind of an omniscient deity and what makes them possible is that this deity has the Aristotelian capability of initiating causal chains that can lead to them being actualized. (shrink)

Taken together, Sections 145 and 63 of the Mental Health Act 1983 provide for treatment without consent of physical illness ancillary to the mental disorder with which a patient presents. On a daily basis, clinicians make both the decision that the Act’s authority can be applied to their patient’s case, and that it should be applied. But in the unusual circumstances where there is uncertainty as to the applicability of the MHA to the ancillary treatment of physical illness, the assistance (...) of a court may be sought. In so doing, the law may justify compulsion but never prescribes it; the clinician is presented with authority that he or she could use but is left to decide whether it should be employed. This paper explores how the clinical question is set before the court, and whether the distinction between symptom, manifestation and consequence is sufficiently understood. This has important consequences in the context of self-neglect and its close cousin self-harm: the question whether the relevant ailment was attributable to or exacerbated by neglect or self- inflicted harm will determine whether compulsion under the MHA is applicable; and furthermore, whether or not compulsion is clinically acceptable. No data are available. Not applicable. (shrink)

We have invented, discovered as we were shaping it, and set free from Marc Richir’s philosophy a fundamental element of comprehensibility regarding his phenomenology, which we have called ogkorhythm. The pertinence of this fundamental ogkorhythmic element is also to be found in its great problematic density, giving clarity to that which should be understood by space/time itself in contemporary French phenomenology and, in the context of this contribution, in the work of Max Loreau and Henri Maldiney. Our work mainly concerns (...) the analysis of notions of inherent volume in the work of the former and of rhythm in the work of the latter. Rhythm and volume whose meaning is, in part, derived in the light of ogkorhythm. (shrink)

S100 protein is a low molecular weight calcium‐binding protein widely distributed in the central nervous system of vertebrates. Recent evidence suggests that S100 protein may play a role in the regulation of glial proliferation and neuronal differentiation. The gene for S100 protein has been mapped to the 21q22 region, a chromosomal locus whose duplication has been implicated in the generation of Down Syndrome (DS). This raises the possibility that abnormalities in S100 protein gene dosage at a critical period during development (...) may be responsible for some of the neurologic abnormalities associated with DS. (shrink)

In Grundgesetze der Arithmetik, Frege tried to show that arithmetic is logical by giving gap-free proofs from what he took to be purely logical basic laws. But how do we come to judge these laws as true, and to recognize them as logical? The answer must involve giving an account of the apparent arguments Frege provides for his axioms. Following Sanford Shieh, I take these apparent arguments to instead be exhibitions: the exercise of a logical capacity in order to bring (...) us into a state of judgement. I provide an account of what sort of inferential capacities are at play in such exhibitions, and explain how they lead us to judge that Frege’s primitive laws are general and undeniable. I will also situate my account with respect to other rival interpretations, particularly the elucidatory interpretations of Joan Weiner and Thomas Ricketts. (shrink)

Par une analyse philosophique inédite, incluant des accents psychanalytique et esthétique, de la Petite Lettre sur les Mythes de Paul Valéry, nous montrons à l’œuvre comment une dimension proprement phantastique mouvante, loin de l’imagination avec ses images fixées, s’y décline jusqu’à développer une épopée phénoménologique ‘femmetastique’ entre amants épistoliers. Phénoménologie où nous entrons dans un véritable lieu mythique, voire fabuleux, d’une profusion transitionnelle et virtuelle inouïe, propice à l’inédit, à l’imprévu et, donc, à la création. On comprend mieux alors ce (...) que veut dire qu’ «il n’y a rien de si beau que ce qui n’existe pas», leçon valéryenne par excellence. (shrink)

Happy people often fail to elaborate on persuasive arguments, while people in sad moods tend to scrutinise messages in greater detail. According to some motivational accounts, however, happy people will elaborate a message if they believe it might maintain their positive mood. The present research extends this reasoning by demonstrating that happy people will elaborate arguments from message presenters that convey positive hedonic attributes (i.e., source likeability). In a pilot study, we show that happy people believe persuasive messages from a (...) likeable source will be mood maintaining. The results of Study 1 demonstrate that these expectancies have important message-processing implications. In Study 1, sad participants elaborated arguments from both likeable and dislikeable sources, while happy participants only elaborated arguments from a likeable source. Consistent with motivational explanation of these effects, in Study 2, happy participants elaborated arguments from a likeable source when not distracted, but used likeability as a heuristic when distracted with a cognitive-load manipulation. Implications of these results for understanding the effects of mood on processing strategy, limitations, and directions for future research are discussed. (shrink)

Cet ouvrage est consacré à la refondation richirienne de la phénoménologie, à partir du traitement de la question de l'espace/temps phénoménologique archaïque. Par le biais de l'analyse de cette interrogation spatio-temporelle spécifique et de la pertinence qu'elle développe, l'objectif est double : d'une part, arriver à dégager un lieu de compréhensibilité, inédit, commun aux multiples enjeux les plus fondamentaux de la refonte et de la refondation de la phénoménologie transcendantale entreprises par Richir et, d'autre part, dans la foulée, permettre par (...) là même la possibilité de comprendre l'ensemble des textes du corpus. Cette compréhensibilité des mobiles philosophiques les plus importants de la phénoménologie refondue jointe à la possibilité d'une compréhension globale et transversale de la textualité richirienne doit permettre en outre de réfléchir et de fonder la démarche tout entière. En accomplissant cette refondation de manière tout à fait originale, dans une oeuvre commencée en 1968 qui compte en 2012 près de dix mille pages, réparties en vingt ouvrages et près de deux cents articles, Richir poursuit le but et a comme ambition de bouleverser et de changer en profondeur les paramètres essentiels de la phénoménologie. Et, chemin faisant, la philosophie tout entière est à reprendre à nouveaux frais. Le lecteur est convié à pénétrer au coeur de ce nouvel espace/temps richirien, véritable idée directrice de la phénoménologie et d'une philosophie sans précédent. (shrink)