The Meaning of the Presumption of Innocence for Pre-trial Detention. An Empirical Approach The presumption of innocence (PoI) is considered to be an important principle for regulating pre-trial detention. The idea is that pre-trial detention should be a last resort. However, pre-trial detention practice demonstrates that pre-trial detention does not function on the basis of a presumption of innocence but rather from a presumption of guilt and dangerousness. It must be concluded that, with regard to pre-trial detention, the PoI has (...) a rather limited normative effect. (shrink)

Deep brain stimulation interventions are novel devices being investigated for the management of severe treatment-resistant psychiatric illnesses. These interventions require the invasive implantation of high-frequency neurostimulatory probes intracranially aiming to provide symptom relief in treatment-resistant disorders including obsessive-compulsive disorder and anorexia nervosa. In the scientific literature, these neurostimulatory interventions are commonly described as reversible and to be used as a last resort option for psychiatric patients. However, the ‘last resort’ status of these interventions is rarely expanded upon. Contrastingly, usages of (...) DBS devices for neurological symptoms have paved the way for established safety and efficacy standards when used earlier in a disease’s timeline. As DBS treatments for these neurological diseases progress to have earlier indications, there is a parallel ethical concern that early implementation may one day become prescribed for psychiatric illnesses. The purpose of this article is to build off contemporary understandings of reversible neurostimulatory interventions to examine and provide clarifications on the ‘last resort’ status of DBS to better address its ethically charged use in psychiatric neurosurgery. To do this, evaluative differences between DBS treatments will be discussed to demonstrate how patient autonomy would be a paramount guiding principle when one day implementing these devices at various points along a psychiatric disease’s timeline. In presenting the clarification of ‘last resort’ status, the ethical tensions of early DBS interventions will be better understood to assist in providing psychiatric patients with more quality of life years in line with their values. (shrink)

The history of epistemology has always been closely linked with the tradition of skepticism. Indeed, the earliest philosophical efforts to describe the nature and limits of our knowledge were largely motivated by the skeptical suggestion that things may not be as they appear to us. Every attempt to find an adequate response to these early doubts about the reliability of our knowledge met new and powerful skeptical criticisms which in turn engendered new attempts to justify the conviction that we are (...) capable to achieving at least some degree of truth about ourselves and our world. At a time when the latest swing of the pendulum has taken philosophy from excessive confidence in our cognitive powers to an equally excessive tendency to reduce of all truth claims to pleasing or powerful illusions, the essays collected in this volume offer some balanced and attractive alternatives to these extreme positions. (shrink)

Short food supply chains have become the focus of considerable research in the last two decades. However, studies so far remain highly localized, and claims about the economic and social advantages of such channels for farmers are not backed by large-scale empirical evidence. Using a web survey of 613 direct-market farmers across Canada, this article explores the potential economic and social benefits that farmers derive from participating in short food supply chains. We used multivariate analysis to test whether a farmer’s (...) degree of involvement in direct food channels is positively correlated with levels of work enjoyment, social satisfaction, and economic satisfaction. The results indicate that, overall, direct-market farmers report high levels of occupational satisfaction, although work-related challenges persist, such as stress, excessive workloads, and competition. Farmer participation in short food chains was also a positive predictor of work enjoyment and economic satisfaction, but not of social satisfaction, as measured by the share of total farm sales attributable to direct selling. Net annual farm revenue, the share of direct food sales involving a middleman, age, and gender also correlated with one or more dimensions of occupational satisfaction. (shrink)

It has recently been argued that Harvey Brown and Oliver Pooley’s ‘dynamical approach’ to special relativity should be understood as what might be called an ontologically and ideologically relationalist approach to Minkowski geometry, according to which Minkowski geometrical structure supervenes upon the symmetries of the best-systems dynamical laws for a material world with primitive topological or differentiable structure. Fleshing out the details of some such primitive structure, and a conception of laws according to which Minkowski geometry could so supervene, has (...) been referred to by some as the ‘constructivist project’. Here, it is explained that Nick Huggett’s work on ‘regularity relationalism’ provides a framework for such an approach, and a relativistic version of Huggett’s regularity relationalism is outlined for that purpose. Finally, by way of examples, it is shown that this approach fails in the simplest cases. Still, reasons are given for which this should not necessarily discourage an advocate of this interpretation of the dynamical approach. _1_ Introduction to the Dynamical Approach _2_ Huggett’s Regularity Relationalism _3_ The Dynamical Approach as a Form of Regularity Relationalism _4_ A Simple Way to Set the Stage _5_ A First Attempt _5.1_ Complex-valued planewave solutions _5.2_ Real-valued planewave solutions _6_ More General Solutions _7_ Summary and Reflections. (shrink)

Some authors argue that the rule-of-law ideal gives judges a prima facie duty to provide a determinate formulation of the precedent’s general norm in all their precedent-opinions. I question that claim. I agree that judges have a duty to decide their cases based on reasons and that they should formulate these reasons in their opinions. I also agree that formulations of general norms should be the goal of common-law development and that judges have a duty to contribute to the realization (...) of this goal. However, I argue that judges may sometimes do so better if they do not provide a determinate formulation of a general norm in their opinion. Often, judges may not feel confident that they are able to formulate a good general norm for their precedent decision, even if they believe that their decision is both correct and justifiable through argument. In this case, various reasons speak against providing a determinate formulation of a general norm, including rule-of-law reasons. (shrink)

ABSTRACT This paper contributes to the debate about the strawman fallacy. It is the received view that strawmen are employed to fool not the arguer whose argument they distort, but instead a third party, an audience. I argue that strawmen that fool their victims exist and are an important variation of the strawman fallacy because of their special perniciousness. I show that those who are subject to hermeneutical lacunae or who have since forgotten parts of justifications they have provided earlier (...) are especially vulnerable to falling for strawmen aimed at their own positions or arguments. Adversarial argumentation provides especially fertile ground for strawmen that fool their own victims, but cooperative argumentation is no fail-safe protection from them either. (shrink)

Feminist argumentation theorists have criticized the Dominant Adversarial Model in argumentation, according to which arguers should take proponent and opponent roles and argue against one another. The model is deficient because it creates disadvantages for feminine gendered persons in a way that causes significant epistemic and practical harms. In this paper, I argue that the problem that these critics have pointed out can be generalized: whenever an arguer is given a role in the argument the associated tasks and norms of (...) which she cannot fulfill, she is liable to suffer morally significant harms. One way to react to this problem is by requiring arguers to set up argument structures and allocate roles so that the argument will be reasons-reflective in as balanced a way as possible. However, I argue that this would create to heavy a burden. Arguers would then habitually have to take on roles that require them to divert time and energy away from the goals that they started arguing for and instead serve the goal of ideal reasons-reflectiveness. At least prima facie arguers should be able to legitimately devote their time and energy towards their own goals. This creates a problem: On the one hand, structures that create morally significant harms for some arguers should be avoided—on the other hand, arguers should be able to take argument-roles that allow them to devote themselves to their own argumentative goals. Fulfilling the second requirement for some arguers will often create the morally significant harms for their interlocutors. There are two possible solutions for this problem: first, arguers might be required to reach free, consensual agreements on the structure they will adopt for their argument and the way they will distribute argumentative roles. I reject this option as both fundamentally unfeasible and practically unrealistic, based on arguments developed by theorists like Krabbe and Jacobs. I argue that instead, we should take a liberal view on argument ethics. Arguers should abide by moral side constraints to their role taking. They should feel free to take roles that will allow them to concentrate on their argumentative goals, but only if this does not create a situation in which their interlocutors are pushed into a role that that they cannot effectively play. (shrink)

This paper reviews studies of corporate ethical codes published since 2000 and concludes that codes be can effective instruments for shaping ethical behavior and guiding employee decision-making. Culture and effective communication are key components to a code’s success. If codes are embedded in the culture and embraced by the leaders, they are likely to be successful. Communicating the code’s precepts in an effective way is crucial to its success. Discussion between employees and management is a key component of successful ethical (...) codes. (shrink)

The rapid expansion of Big Tech companies into various societal domains (e.g., health, education, and agriculture) over the past decade has led to increasing concerns among governments, regulators, scholars, and civil society. While existing theoretical frameworks—often revolving around privacy and data protection, or market and platform power—have shed light on important aspects of Big Tech expansionism, there are other risks that these frameworks cannot fully capture. In response, this editorial proposes an alternative theoretical framework based on the notion of sphere (...) transgressions, which draws on political philosopher Michael Walzer's theory of justice. The editorial not only introduces the sphere transgressions framework, but it also highlights its potential to generate novel research questions. Furthermore, this editorial introduces eight articles and one commentary from a group of interdisciplinary scholars that critically examine Big Tech expansionism by reflecting on this expansionism from the perspective of different societal spheres or by engaging with the sphere transgressions framework itself. (shrink)

The passage of time influences the content of the law and therefore also the validity of legal arguments. This is true even for charter-arguments, despite the widely held view that constitutional law is made to last. In this paper, I investigate the reason why the sanctity-of life argument against physician assisted suicide lost its validity between the Supreme Court decision in Rodriguez v. British Columbia in 1993 and Carter v. Canada in 2015. I suggest that a rhetorical approach to argument (...) evaluation is the best basis for a satisfying explanation. (shrink)

I contend that a great deal of western philosophical thought is based upon a mistaken assumption, and that is: there is something real that we can know. I argue that, on the contrary, insofar as our experience is of a world that has meaning, this experience is not of the world "as it really is," but of the world as we perceive it through language. The very process of making the world meaningful, or learning about it, is at the same (...) time a mediation of the world. ;Because the self has, for the most part, been conceived as some kind of object, in Part One I discuss the relationship between language and our experience of objects, and our experience of objects in time. In Part Two I examine the two traditional approaches to knowledge, and attempt to show that empiricism yields no knowledge of "reality" and that metaphysics is unmeaningful. I conclude that, while we cannot know what is real, we continue to desire to do so, and so continue to make the world meaningful in various ways. ;In Part Three I claim that the self is something that we cannot know--although we try to know ourselves by telling stories about ourselves to ourselves--and that all attempts to describe the self result in the creation of models. I define 'models' as broad, compelling representations of what the self is, but which are incapable of accommodating one or another obvious feature of human experience. ;In Part Four I apply all of the above to the disciplines of psychology and literary criticism. Specifically, I criticize Stanley Fish's notion of the interpretation of texts, and analyze what is called 'dissociative identity disorder' --a disorder that makes sense only on the assumption that many selves can inhabit a single body. ;Finally, in Part Five, I admit that this entire thesis is nonsense, insofar as it is an attempt to say: "This is how things are." I conclude, however, that there are greater and lesser pieces of nonsense in the world, and that the value of philosophy resides in being able to expose great nonsense as nonsense. (shrink)

Arguments involve, at minimum, attempts at presenting something that an audience will take to be a reason. Reasons, once understood, affect an addressee’s beliefs in ways that are in some significant sense outside of their direct voluntary control. Since such changes may impact the well-being, life projects, or sense of self of the addressee, they risk infringing upon their autonomy. We call this the “autonomy worry” of argumentation. In light of this worry, this paper asks whether one ought to seek (...) an addressee’s consent before arguing with them. We first consider the view that arguing of any sort and on any topic requires consent. However, such a view is extreme, and we reject the general requirement of consent because argument contains its own internal permission structure. We find, however, that this permission structure is not always operative, and that consent may nonetheless be morally required in certain kinds of cases. (shrink)

Humility holds a modest but important place among the judicial virtues. But in spite of its growing popularity, it does not yet have a place on the ‘central judicial virtues’ lists. This paper provides an argument that judicial humility, especially institutional judicial humility, should be considered a necessary judicial virtue at least in common-law jurisdictions. This is because it is a necessary ingredient in precedent-based decisions that are fully justified from the point of view of the law and of political (...) morality. Further, while it is sufficient that individual judges make decisions that a humble judge would have made, the judicial community must in fact be humble in order to produce fully justified common-law decisions – humility is therefore necessary as a community-virtue. (shrink)

The book is divided into two parts: an interpretive section that concerns symbols in general and a "dictionary" that lists hundreds of symbols and explains their origins, their resemblances to other symbols, and the belief systems behind ...

We evaluate here the performance of four models of cross-situational word learning: two global models, which extract and retain multiple referential alternatives from each word occurrence; and two local models, which extract just a single referent from each occurrence. One of these local models, dubbed Pursuit, uses an associative learning mechanism to estimate word-referent probability but pursues and tests the best referent-meaning at any given time. Pursuit is found to perform as well as global models under many conditions extracted from (...) naturalistic corpora of parent-child interactions, even though the model maintains far less information than global models. Moreover, Pursuit is found to best capture human experimental findings from several relevant cross-situational word-learning experiments, including those of Yu and Smith (), the paradigm example of a finding believed to support fully global cross-situational models. Implications and limitations of these results are discussed, most notably that the model characterizes only the earliest stages of word learning, when reliance on the co-occurring referent world is at its greatest. (shrink)

This monograph reappraises the role of Bertrand Russell's philosophical works in establishing the analytical tradition in philosophy. It's main aims are to: * improve our understanding of the history of analytical philosophy * engage in the important disputes surrounding the interpretation of Russell's philosophy * make a contribution to central issues in current analytical philosophy. Drawing extensively from Russell's less well known and unpublished works, this book is a welcome addition to the literature and will undoubtedly find a place on (...) the bookshelves of philosophers around the world. (shrink)

The findings identified by Zuk et al. (2023) demonstrate the importance of understanding personality, mood, and behavior (PMB) as theory and value-laden concepts. Although their research covered bo...