In jails, the prisoners are often maltreated by the jail authorities.They are abused, and, their fundamental rights as human beings are frequentlyviolated. Although laws upholding the rights of prisoners are plenty,unfortunately, these seem ineffective in preventing the abuse of prisonersin jails. This paper examines the problems of jailed prisoners in general andhighlights their violations of human rights. In particular, this paper discussessexual abuse of prisoners, their mental and physical tortures, and enforcement ofprison labour laws. The paper also (...) focuses on overcrowding in jails, inadequateeducational facilities for prisoners and poor health care facilities. This articleanalyses these issues from the perspectives of Islamic Law and attempts toprovide a conceptual frame work of solutions. An analytical approach isemployed in this study. (shrink)

This paper argues that nonphysical souls would violate fundamental physical laws if they were able to influence brain events. Though we have no idea how nonphysical souls might operate, we know quite a bit about how brains work, so we can consider each of the ways that an external force could interrupt brain processes enough to control one’s body. It concludes that there is no way that a nonphysical soul could interact with the brain—neither by introducing new energy (...) into the physical world, nor by borrowing existing energy from it—without apparently violating one or more basic laws of physics, such as the law of conservation of energy. And despite widespread appeals to quantum mechanics to give interactionism an air of scientific respectability, the essential randomness of quantum processes prohibits the distinctly nonrandom influence that a nonphysical soul must have on brain events in order to control the body, and quantum mechanical uncertainty is not great enough to allow neurons to fire action potentials. -/- 1. Introduction -- 2. How the Brain Works -- 3. Mind-Brain Interaction Mechanisms - 3.1 Opening Sodium Channels - 3.2 Altering Voltage Gradients - 3.3 Synaptic Transmission - 3.3.1 The Presynaptic Neuron - 3.3.2 The Post-Synaptic Neuron - 3.3.3 The Beck and Eccles Models - 3.4 Neuronal Modulation - 3.5 Self-Generation of Action Potentials by Neurons -- 4. Harnessing Energy -- 5. How Many Action Potentials for a Volitional Act? -- 6. Input: From Brain to Nonphysical Mind -- 7. Discussion -- Appendix A: Opening Gates on Membrane Channels - A.1 Directly Opening Gates - A.2 Changing Voltage Across the Membrane -- Appendix B: The Biochemical Approach. (shrink)

We formulate a general theory of conservation laws and other invariants for a physical system through equivalence relations. The conservation laws are classified according to the type of equivalence relation, with group equivalence, homotopical equivalence, and other types of equivalence relations giving respective kinds of conservation laws. The stability properties in the topological (and differentiable) sense are discussed using continuous deformations with respect to control parameters. The conservation laws due to the Abelian symmetries are shown (...) to be stable through application of well-known theorems. (shrink)

I outline a hylomorphic account of physical reality in which the cosmos as a whole has mental properties which explain its nomological order. According to this theory, the cosmos is directed in its temporal development toward certain ends or goals which it intends, and these ends are immanent to the cosmos rather than being imposed upon it. My object in doing so is to argue that, contrary to Sean Carroll (2021), a view of physical reality as having intrinsically (...) mental aspects need not induce any modifications of the known laws of physics nor violate 'causal closure' under physical laws. Rather, this soft form of naturalism, which includes final causes within nature, provides a foundation for the laws of physics that is lacking in Carroll's hard form of naturalism, which excludes mind from fundamental reality. I propose a trilemma for Carroll in which he should either: abandon naturalism, by admitting that the laws of physics are imposed by a divine mind; abandon realism, by conceding that 'laws' are constructed by human minds; or embrace cosmopsychism, by acknowledging that the cosmos as a whole instantiates a mind. I argue that cosmic hylomorphism, which links consciousness with intentional cognition, is preferable to non-hylomorphic versions of cosmopsychism, which tend to prioritize consciousness over intentionality. (shrink)

According to the laws of physics, the state of a physical system can only be measured by another system (usually a particular measuring device) via a physical interaction. However, when our brain is in a conscious mental state, it can in principle output the information about its physical state based on the psycho-physical correspondance between the mental state and the physical state. It is argued that this suggests that the conscious mind violates physical (...) laws and it is not physical as physicalism claims. (shrink)

It is often claimed that the bulk of the laws of physics –including such venerable laws as Universal Gravitation– are violated in many (or even all) circumstances because they havecounter-instances that result when a system is not isolated fromother systems. Various accounts of how one should interpretthese (apparently) violated laws have been provided. In thispaper, I examine two accounts of (apparently) violated laws, thatthey are merely ceteris paribus laws and that they aremanifestations of capacities. Through (...) an examination of theprimary example that motivated these views, I show that given aproper understanding of the situation, neither view is optimalbecause the law is not even apparently violated. Along the way, Iam able to diagnose what has led to the mistaken belief: I showthat it originates from an element of the standard empiricistconception of laws. I then evaluate the suggestions of how tointerpret violated laws with respect to other examples and findthem wanting there too. (shrink)

This paper provides evidence from the history of the natural sciences in philosophy (particularly mathematical physics, chemistry, and biology) that a “piloting” soul would have to make physical changes in human beings violating well-established physical laws. But, among other things, it has been discovered that there can be no such changes, and thus that there is no piloting soul. -/- 1. Introduction -- 2. Suitable Restrictions in Physical Theories -- 3. Evidence that Physical Formulas are (...) not Violated -- 4. How the Preservation of Physical Formulas Shows that There is No Afterlife - 4.1 How the Narrow Version Differs from Standard Closure - 4.2 Elucidation of the Tight Argument Against an Afterlife - 4.3 Summary and Final Thought. (shrink)

Since Leibniz's time, Cartesian mental causation has been criticized for violating the conservation of energy and momentum. Many dualist responses clearly fail. But conservation laws have important neglected features generally undermining the objection. Conservation is _local_, holding first not for the universe, but for everywhere separately. The energy in any volume changes only due to what flows through the boundaries. Constant total energy holds if the global summing-up of local conservation laws converges; it probably doesn't in reality. Energy (...) conservation holds if there is symmetry, the sameness of the laws over time. Thus, if there are time-places where symmetries fail due to nonphysical influence, conservation laws fail there and then, while holding elsewhere, such as refrigerators and stars. Noether's converse first theorem shows that conservation laws imply symmetries. Thus conservation trivially nearly entails the causal closure of the physical. But expecting conservation to hold in the brain simply assumes the falsehood of Cartesianism. Hence Leibniz's objection begs the question. Empirical neuroscience is another matter. So is Einstein's General Relativity: far from providing a loophole, General Relativity makes mental causation _harder_. (shrink)

In his paper "Miracles: Metaphysics, Physics, and Physicalism," Kirk McDermid appears to have two primary goals. The first is to demonstrate that my account of how God might produce a miracle without violating any laws of nature is radically flawed. The second is to suggest two alternative accounts, one suitable for a deterministic world, one suitable for an indeterministic world, which allow for the occurrence of a miracle without violation of the laws of nature, yet do not (...) suffer from the defects of what McDermid terms the ’Larmerian’ model. I briefly describe my model, reply to McDermid’s criticism of it, and evaluate his alternative accounts. (shrink)

The authors survey some debates about the nature and structure of physical theories and about the connections between our physical theories and naturalized metaphysics. The discussion is organized around an “ideal view” of physical theories and criticisms that can be raised against it. This view includes controversial commitments regarding the best analysis of physical modalities and intertheory relations. The authors consider the case in favor of taking laws as the primary modal notion, discussing objections related (...) to alleged violations of the laws, the apparent need to appeal to causality, and the status of probability. The “ideal view” includes a commitment that fundamental physical theories are explanatorily sufficient. The authors discuss several challenges to recovering the manifest image from fundamental physics, along with a distinct challenge to reductionism based on acknowledging the contributions of less fundamental theories in physical explanations. (shrink)

The principles of classical physics, including deterministic dynamics and observability of physical states, are incompatible with the existence of unobservable conscious minds that possess free will. Attempts to directly accommodate consciousness in a classical world lead to philosophical paradoxes such as causally ineffective consciousness and possibility of alternate worlds in which functional brain isomorphs behave identically but lack conscious experiences. Here, we show that because Chalmers’ principle of organizational invariance is based on a deficient nineteenth century classical physics, it (...) is inherently flawed and implies evolutionary inexplicable epiphenomenal consciousness. Consequently, if consciousness is a fundamental ingredient of physical reality, no psychophysical laws such as Chalmers’ principle of organizational invariance are needed to establish correspondence between conscious experiences and brain function. Quantum mechanics is the most successful and only modern physical theory capable of naturally accommodating consciousness without violation of physical laws. (shrink)

Ceteris-paribus clauses are nothing to worry about; aceteris-paribus qualifier is not poisonously indeterminate in meaning. Ceteris-paribus laws teach us that a law need not be associated straightforwardly with a regularity in the manner demanded by regularity analyses of law and analyses of laws as relations among universals. This lesson enables us to understand the sense in which the laws of nature would have been no different under various counterfactual suppositions — a feature even of those laws (...) that involve no ceteris-paribus qualification and are actually associated with exceptionless regularities. Ceteris-paribus generalizations of an‘inexact science’ qualify as laws of that science in virtue of their distinctive relation to counterfactuals: they form a set that is stable for the purposes of that field. (Though an accident may possess tremendous resilience under counterfactual suppositions, the laws are sharply distinguished from the accidents in that the laws are collectively as resilient as they could logically possibly be.) The stability of an inexact science's laws may involve their remaining reliable even under certain counterfactual suppositions violating fundamental laws of physics. The ceteris-paribus laws of an inexact science may thus possess a kind of necessity lacking in the fundamental laws of physics. A nomological explanation supplied by an inexact science would then be irreducible to an explanation of the same phenomenon at the level of fundamental physics. Island biogeography is used to illustrate how a special science could be autonomous in this manner. (shrink)

A longstanding question at the intersection of science, philosophy, and theology is how God might act, or not, when governing the universe. Many believe that determinism would prevent God from acting at all, since to do so would require violating the laws of nature. However, when a robust view of these laws is coupled with the kind of determinism now used in dynamics, a new model of divine action emerges. This book presents a new approach to divine action (...) beyond the current focus on quantum mechanics and esoteric gaps in the causal order. It bases this approach on two general points. First, that there are laws of nature is not merely a metaphor. Second, laws and physical determinism are now understood in mathematically precise ways that have important implications for metaphysics. The explication of these two claims shows not only that nonviolationist divine action is possible, but there is considerably more freedom available for God to act than current models allow. By bringing a philosophical perspective to an issue often dominated by theologians and scientists, this text redresses an imbalance in the discussion around divine action. It will, therefore, be of keen interest to scholars of Philosophy and Religion, the Philosophy of Science, and Theology. (shrink)

The Concept of Physical Law is an original and creative defense of the Regularity theory of physical law, the concept that physical laws are nothing more than descriptions of whatever universal truths happen to be instanced in nature. Professor Swartz clearly identifies and analyzes the arguments and intuitions of the opposing Necessitarian theory, and argues that the standard objection to the Regularity theory turns on a mistaken view of what Regularists mean by 'physical impossibility'; that (...) it is impossible to construct an empirical test that can distinguish between events Necessitarians call 'mere accidents' and those they call 'nornologically necessary', and that the Necessitarian theory cannot account fot human beings' free wills. Other topics in this important work include: the distinction between instrumental scientific laws and true physical laws; the distinction between failure and doom; potentialities; miracles and marvels; predictability and uniformity; statistical and numerical laws; and necessity-in-praxis. (shrink)

We review studies on catching that reveal internalization of physics for action control. In catching free-falling balls, an internal model of gravity is used by the brain to time anticipatory muscle activation, modulation of reflex responses, and tuning of limb impedance. An internal model of the expected momentum of the ball at impact is used to scale the amplitude of anticipatory muscle activity. [Barlow; Hecht; Shepard].

In the first part of this paper a relational account of incongruent counterparts is defended against an argument due to Kant. I then consider a more recent attack on such an account, due to John Earman, which alleges that the relationalist cannot account for the lawlike left--right asymmetry manifested in parity-violating phenomena. I review Hoefer's, Huggett's and Saunders' responses to Earman's argument and argue that, while a relationalist account of parity-violating laws is possible, it comes at the cost of (...) non-locality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.3 (2001) 351-383 [Access article in PDF] Hume's Pyrrhonian Skepticism and the Belief in Causal Laws Graciela De Pierris Hume endorses in no uncertain terms the normative use of causal reasoning. The most striking example of this commitment is Hume's argument in the Enquiry against the possibility of miracles. The argument sanctions, in particular, the use of scientific reflection on uniform experience (...) issuing in causal laws of nature (E 114): "A miracle is a violation of the laws of nature; and as a firm and unalterable experience has established these laws, the proof against a miracle, from the very nature of the fact, is as entire as any argument from experience can possibly be imagined." 1 These words should give us pause; for how can Hume so confidently say, after his skeptical conclusions concerning our causal beliefs, that "a firm and unalterable experience has established" the laws of nature, and that we can therefore produce "proofs" against miracles? The Treatise gives rise to the same puzzle. In this text, too, Hume confidently prescribes methodical reflection based on causal reasoning. For example, in Book One, Part Three, Section Fifteen, Hume offers eight "Rules by which to judge of causes and effects." These rules are more than descriptions of our natural causal inferences. They are meant to guide us in making better causal inferences; in Hume's words they "ought to regulate" our probable reasoning since (T 149): "by them we learn to distinguish the accidental circumstances from the efficacious causes." 2Moreover, Hume consistently takes Newtonian science as a model for the proper employment of causal inferences in inquiries into matters of fact and, [End Page 351] in particular, as a model to be followed in his own science of human nature. 3 This paradigm of what the science of nature ought to be is understood by Hume as an inductive, experimental inquiry. 4 In the Enquiry, for example, Hume uses the label "sciences" for "politics, natural philosophy, physic, chemistry, &c." and in the preceding discussion argues that these sciences are not a priori but are based on causal reasoning (E 164-165). Thus, there are for Hume inquiries into matters of fact and existence that amount to more than blindly following natural propensities and habit. The sciences and many of our causal inferences in common life involve more than mere belief as a sentiment. They involve, in addition, careful reflection that results in improved causal inferences and thus provides normative standards. Yet, in thus upholding the normative use of causal reasoning in science and in everyday life, Hume appears to contradict his own radical skeptical conclusions concerning our knowledge of causation and induction. I here propose a novel way to resolve this puzzle.To acknowledge the existence of a puzzle, however, amounts to accepting the now controversial view that Hume provides, and takes at face value, a radical skeptical argument concerning our knowledge of causation and induction. 5 Moreover, the attempt to resolve this puzzle involves rejecting the suggestion [End Page 352] that Hume, without awareness or concern, happily holds flatly inconsistent views. 6 It also goes against the more sophisticated suggestion that Hume lightly alternates among different psychological moods, or perhaps different perspectives, which might eventually issue in results that contradict each other but are sufficiently localized so as to prevent serious conflict. Such a view might lead us to conceive Hume's texts as an unstructured and arbitrary patchwork of reflections, driven by different psychological moods or by the embellishments of a radiant literary style. This kind of reading is unacceptable as an interpretative tool, however, as H. J. Paton has acutely noted in his criticism of the patchwork interpretation of Kant's Critique of Pure Reason. 7 For such a reading would place no constraints at all on the task of establishing which parts of Hume's text belong to which moods or perspectives. The suggestion that Hume offers an unstructured patchwork of reflections masks the novel and systematic distinction Hume draws between his radical philosophical... (shrink)

This article argues that military conditioning (MC) systematically violates the human dignity of soldiers. The argument relies on an absolute deontologist account of human dignity understood as a claim-right to live in self-respect, which is a right to decide on one’s own behalf about, and to be in control of, essential aspects of one’s own life. The article claims that MC violates soldiers’ dignity so understood because the largely automatic physical killing reflex that MC instills aims to remove their (...) freedom of choice to kill or not to kill, while the MC practices that rationalize the killing of opponents aim to subvert soldiers’ moral deliberation in relation to this behavior. MC thus aims to take away soldiers’ control over a very essential aspect of human life: the decision whether to take life in war. Thereby, MC systematically violates their human dignity. The article concludes with a proposal for an amendment to international law that would allow legal institutions to do more justice to soldiers’ dignity. (shrink)

The law of gravitation, an example of physical law The relation of mathematics to physics The great conservation principles Symmetry in physical law The distinction of past and future Probability and uncertainty: the quantum mechanical view of nature Seeking new laws.

My critical commentary focuses on Victor Tadros’ analysis of accountability for violations of the (revised) laws of armed conflict (LOAC) that he lays out (Tadr.

A model is presented to show how the existence of physical law could be a reasonable consequence of Divine Immanence in the world of natural phenomena. Divine Immanence is seen as the continual production of the principal causes or dispositions which enable created things to act and change. It..

This paper argues that the doctrines of determinism and supervenience, while logically independent, are importantly linked in physical mechanics—and quite interestingly so. For it is possible to formulate classical mechanics in such a way as to take advantage of the existence of mathematical devices that represent the advance of time—and which are such as to inspire confidence in the truth of determinism—in order to prevent violation of supervenience. It is also possible to formulate classical mechanics-and to do so (...) in an observationally equivalent, and thus equally empirically respectable, way—such that violations of supervenience are (on the one hand) routine, and (on the other hand) necessary for achieving complete descriptions of the motions of mechanical systems—necessary, therefore, for achieving a deterministic mechanical theory. Two such formulations—only one of which preserves supervenience universally—will conceive of mechanical law in quite different ways. What's more, they will not admit of being extended to treat thermodynamical questions in the same way. Thus we will find that supervenience is a contingent matter, in the following rather surprising and philosophically interesting way: we cannot in mechanics separate our decisions to conceive of physical law in certain ways from our decisions to treat macroscopic quantities in certain ways. (shrink)

The purpose of this paper is to explain the sense in which laws of physics are contingent. It argues, first, that contemporary Humean accounts cannot adequately explain the contingency of physical laws; and second, that Hume’s own arguments against the metaphysical necessity of causal connections are not applicable in this context. The paper concludes by arguing that contingency is an essentially emergent, macroscopic phenomenon: we can understand the contingency of fundamental physical laws only through their (...) relation to the distribution of macroscopic modal properties in the manifest world. (shrink)

We present a Gedankenexperiment that leads to a violation of detailed balance if quantum mechanical transition probabilities are treated in the usual way by applying Fermi’s “golden rule”. This Gedankenexperiment introduces a collection of two-level systems that absorb and emit radiation randomly through non-reciprocal coupling to a waveguide, as realized in specific chiral quantum optical systems. The non-reciprocal coupling is modeled by a hermitean Hamiltonian and is compatible with the time-reversal invariance of unitary quantum dynamics. Surprisingly, the combination of (...) non-reciprocity with probabilistic radiation processes entails negative entropy production. Although the considered system appears to fulfill all conditions for Markovian stochastic dynamics, such a dynamics violates the Clausius inequality, a formulation of the second law of thermodynamics. Several implications concerning the interpretation of the quantum mechanical formalism are discussed. (shrink)

BACON.3 is a production system that discovers empirical laws. Although it does not attempt to model the human discovery process in detail, it incorporates some general heuristics that can lead to discovery in a number of domains. The main heuristics detect constancies and trends in data, and lead to the formulation of hypotheses and the definition of theoretical terms. Rather than making a hard distinction between data and hypotheses, the program represents information at varying levels of description. The lowest (...) levels correspond to direct observations, while the highest correspond to hypotheses that explain everything so for observed. To take advantage of this representation, BACON.3 has the ability to carry out and relate multiple experiments, collapse hypotheses with identical conditions, ignore differences to let similar concepts be treated as equal, and to discover and ignore irrelevant variables. BACON.3 has shown its generality by rediscovering versions of the ideal gas law, Kepler's third law of planetary motion, Coulomb's law, Ohm's law, and Galileo's laws for the pendulum and constant acceleration. (shrink)

Sheehan and coworkers have claimed [D. P. Sheehan et al., Found. Phys. 30, 1227 ; 32, 441 ; D. P. Sheehan, in Quantum Limits to the Second Law, AIP Conference Proceedings 643, p. 391] that a dilute gas trapped between an external shell and a gravitator can support a steady state in which energy flux by particles in one direction is balanced by energy flux by radiation in the opposite direction, and in which work can be extracted from an isothermal (...) heat reservoir, thereby violating the second law of thermodynamics. In this paper, we identify a fundamental error in their simulation and analysis of their model system that vitiates their conclusions. We analyze a simpler, exactly soluble, three-dimensional model of a very dilute gas in a gravitational field between two thermal reservoirs, and show that their conclusions are not supported for the simple model. We show that their method of simulation, when applied to either the simple model or their more complex model under simpler conditions where the answers are known, leads to unphysical results. We also show that, when appropriate sampling is done, their model gives results in accord with the second law and detailed balance. (shrink)

It is widely thought that there is an important argument to be made that starts with premises taken from the science of physics and ends with the conclusion of physicalism. The standard view is that this argument takes the form of a causal argument for physicalism. Roughly, physics tells us that the physical realm is causally complete, and so minds (among other entities) must be physical if they are to interact with the world as we think they do. (...) In what follows, I raise problems for this view. After an initial review of the causal argument, I begin my case by showing that the totality of physical truths do not deductively entail the causal completeness of the physical realm, using a double-prevention scenario and causation by omission to show that nonphysical causes of physical effects would not need to violate physical conservation laws. I then move on to raise problems for an inductive argument for causal completeness by drawing on the neo-Russellian view that there is no causation in fundamental physics, and so causation must itself be a realized or derived entity. I conclude by suggesting that the underlying problem is that the causal argument has fallen out of touch with the sophisticated understanding that philosophers have developed of the role of causation within physics. (shrink)

Under Article 63 of the Constitution, a gross violation of the Law on Elections to the Seimas is one of the grounds for discontinuation of the powers of the Member of the Seimas. The Constitution does not reveal expressis verbis as to what is a gross violation of the law on election. The establishment of this is within the discretion of the legislator. While defining what a gross violation of the Law on Elections to the Seimas is, (...) the legislator is bound by the norms and principles of the Constitution. Although the Constitution does not define expressis verbis as to what a gross violation of the law on election is, the fact that, under Item 6 of Article 63 of the Constitution, the powers of a Member of the Seimas shall cease on this ground, implies at least several things: first, not every violation of the law on election can be regarded as a gross one, thus, if the law on election has not been grossly violated, it is not permitted on this ground to recognise that the Member of the Seimas lost his mandate, or that the powers of the Member of the Seimas ceased; second, only such violations may be regarded as gross ones, upon commission of which there appear reasonable doubts whether during the election the genuine will of the voters was expressed, whether their will was not distorted to the extent that the results of the election do not reflect the genuine will of the voters and the mandates of Members of the Seimas have been distributed unfairly. (shrink)

The philosophy of superdeterminism is based on a single scientific fact about the universe, namely that cause and effect in physics are not real. In 2020, accomplished Swedish theoretical physicist, Dr. Johan Hansson published a physics proof using Albert Einstein’s Theory of Special Relativity that our universe is superdeterministic meaning a predetermined static block universe without cause and effect in physics. The physics principle of locality states that an object is influenced directly only by its immediate surroundings due to causality. (...) However, the non-local phenomenon of spin measurement correlations observed in entangled particle pairs violates the principle of locality. This violation strongly suggests that the principle of locality and its foundational premise that cause and effect in physics are real are both false. Rather, the laws of physics are non-local or universal describing the organization of our whole static block universe without cause and effect in physics. (shrink)

Some have tried to make miracles compatible with the laws of nature by re-defining them as something other than interventions. By contrast, this article argues that although miracles are divine interventions, they are not violations of the laws of nature. Miracles are also not exceptions to the laws, nor do the laws not apply to them. The laws never have exceptions; they never are violated or suspended, are probably necessary and unchangeable, and apply also to (...) divine interventions. We need to reconsider not miracles but laws. The main claim of this article is that laws of nature do not entail regularities, and therefore that miracles do not violate the laws. We need a new theory of the laws of nature: the tendency theory. (shrink)

Although the need of freedom is definite, the concept of individual freedom, while being interpreted with legal terms, causes not only theoretical, but also practical problems. The observed two extremes of freedom are defined as any human self-expression as well as the license, where the state power is generally attributed to disregard personal freedom. In this article the freedom of expression and state enforcement jurisdiction dichotomy are addressed by discussing positive and negative conceptions of freedom and the relationship between the (...) interpretations of political liberalism and Kant and Hegel‘s philosophies. This paper aims to prove that the positive liberty is the assumption of the negative liberty. The paper based on Hegel‘s philosophy shows that freedom is the characteristic of human nature to seek identity. It is also argued that human identity can take many forms and, therefore, a person has a number of inherent rights and liberties. It is human psycho-physical identity that provides the right to life and health care; human creative identity, providing the right to privacy and freedom of occupation; human moral identity, which provides the right of dignity, and the moral autonomy of person’s social and political identity, providing the political and social rights and freedoms. This article concludes that while a person uses the given rights with integrity and the state is limiting people’s arbitrariness, there is no conflict between the freedom and state violation. (shrink)

Forensic genomics now enables law enforcement agencies to undertake rapid and detailed analysis of suspect samples using a technique known as massively parallel sequencing (MPS), including information such as physical traits, biological ancestry, and medical conditions. This article discusses the implications of MPS and provides ethical analysis, drawing on the concept of joint rights applicable to genomic data, and the concept of collective moral responsibility (understood as joint moral responsibility) that are applicable to law enforcement investigations that utilize genomic (...) data. The widespread and unconstrained use of this technology without appropriate legal protections of individual moral rights and associated accountability mechanisms, could potentially not only involve violations of individual moral rights but also lead to an unacceptable shift in the balance of power between governments and the citizenry. We argue that in light of the rights of victims and the security benefits for society, there is a collective moral responsibility for individuals to submit their DNA to law enforcement and for MPS to be used where other, less invasive techniques are not effective. However, this application should be limited by legislation, including that any data obtained should be directly relevant to the investigation and should be destroyed at the conclusion of the investigation. (shrink)

Physical laws are strikingly simple, yet there is no a priori reason for them to be so. I propose that nomic realists—Humeans and non-Humeans—should recognize simplicity as a fundamental epistemic guide for discovering and evaluating candidate physical laws. This proposal helps resolve several longstanding problems of nomic realism and simplicity. A key consequence is that the presumed epistemic advantage of Humeanism over non-Humeanism dissolves, undermining a prominent epistemological argument for Humeanism. Moreover, simplicity is shown to be (...) more connected to lawhood than to mere truth. (shrink)

Could laws of nature be violated, in the sense that some proposition is both a law and false? I argue that opponents of regularity theories of laws should accept the metaphysical possibility of such genuine violations. I begin with a clarification of this claim. The main argument is then developed in three steps. I first argue that opponents of regularity theory should endorse the modal-essence view: certain modal principles are essential to the laws of nature. Second, I (...) argue that the modal-essence view entails sophisticated modal primitivism. Third, I argue from sophisticated primitivism to the metaphysical possibility of genuine violations of laws. (shrink)

Despite global and local attempts to end female genital mutilation , the practice persists in some parts of the world and has spread to non-traditional countries through immigration. FGM is of varying degrees of invasiveness, but all forms raise health-related concerns that can be of considerable physical or psychological severity. FGM is becoming increasingly prohibited by law, both in countries where it is traditionally practised and in countries of immigration. Medical practice prohibits FGM. The Italian parliament passed a law (...) prohibiting FGM, which has put in place a set of measures to prevent, to oppose and to suppress the practice of FGM as a violation of a person’s fundamental rights to physical and mental integrity and to the health of women and girls. The Italian law not only treats new offences but also wants to deal with the problem in its entirety, providing important intervention in all the sectors. Different kinds of interventions are considered, starting with the development of informative campaigns, training of health workers, institution of a tollfree number, international cooperation programmes and the responsibility of the institution where the crime is committed. Particularly, the law recognises that doctors have a role in eliminating FGM by educating patients and communities. (shrink)

It is widely thought that there is an important argument to be made that starts with premises taken from the science of physics and ends with the conclusion of physicalism. The standard view is that this argument takes the form of a causal argument for physicalism. Roughly: physics tells us that the physical realm is causally complete, and so minds (among other entities) must be physical if they are to interact with the world as we think they do. (...) In what follows, I raise problems for this view. After an initial review of the causal argument, I begin my case by showing that the totality of physical truths do not deductively entail the causal completeness of the physical realm, using a double-prevention scenario and causation by omission to show that nonphysical causes of physical effects would not need to violate physical conservation laws. I then move on to raise problems for an inductive argument for causal completeness by drawing on the neo-Russellian view that there is no causation in fundamental physics, and so causation must itself be a realized or derived entity. I conclude by suggesting that the underlying problem is that the causal argument has fallen out of touch with the sophisticated understanding that philosophers have developed of the role of causation within physics. (shrink)

Philosophers have made numerous and varied attempts to analyse the concept of a miracle. To the end, an assortment of necessary and sufficient conditions for the truth an instantiation of a miracle have been offered. In this paper we discuss one of the most common of these conditions - the violation restriction. This restriction holds that all miracles involve a violation of a law of nature.

Robert Larmer and Alvin Plantinga have argued that modern physics is compatible with the idea that the physical universe is open to God’s supernatural action and that such action would not involve any violation of laws of nature. Thus, they have concluded that supernatural miracles are compatible with modern science. I argue that their line of reasoning is based on an incorrect interpretation of conservation laws and that supernatural miracles would involve violations of laws of (...) nature. (shrink)

During the period 1860-1880, a number of physicists and mathematicians, including Maxwell, Stewart, Cournot and Boussinesq, used theories formulated in terms of physics to argue that the mind, the soul or a vital principle could have an impact on the body. This paper shows that what was primarily at stake for these authors was a concern about the irreducibility of life and the mind to physics, and that their theories can be regarded primarily as reactions to the law of conservation (...) of energy, which was used among others by Helmholtz and Du Bois-Reymond as an argument against the possibility of vital and mental causes in physiology. In light of this development, Maxwell, Stewart, Cournot and Boussinesq showed that it was still possible to argue for the irreducibility of life and the mind to physics, through an appeal to instability or indeterminism in physics: if the body is an unstable or physically indeterministic system, an immaterial principle can act through triggering or directing motions in the body, without violating the laws of physics. (shrink)

The traditional “realist” conception of physics, according to which human concepts, laws and theories can grasp the essence of a reality in our absence , seems incompatible with quantum formalism and it most fruitful interpretation. The proof rests on the violation by quantum mechanical formalism of some fundamental principles of the classical ontology. We discuss if the conception behind Einstein’s idea of a reality in our absence, could be still maintained and at which price. We conclude that quantum (...) mechanical formalism is not formulated on those terms, leaving for a separated paper the discussion about the terms in which it could be formulated and the onto-epistemological implications it might have. (shrink)

The following interview took place in the Kreuzberg section of western Berlin in August 2003. Bernd Lippmann is a secondary school teacher of physics and mathematics in western Berlin. Lippmann, 51, was arrested near the end of his GDR university studies in 1974 and sentenced to three years imprisonment. His crime? He had distributed “forbidden literature”—for example, Orwell’s Animal Farm, which was treated in the GDR as an incendiary work—and was caught by the vile “pigs” (the “Stasi” a.k.a GDR secret (...) police). Herr Lippman’s tragic tale shows that, though it is hard for many Westerners today to think of laws that officially forbid works of fiction as a violation of human rights, banned novels have been more than just high school proscriptions in some nations. Indeed, Lippman’s story demonstrates that some citizens in dictatorships have paid for their passion to read with several years of their lives. (shrink)