The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

Jury nullification, that phenomenon whereby a jury returns a not-guilty verdict for a defendant it believes to be technically guilty of the alleged crime, is, obviously, a controversial issue. What is not a matter of controversy, however, is the fact that the law protects the jury’s ability to behave this way. Much of the controversy therefore centers on whether juries ought to be informed of this ability to nullify free from legal redress. In this paper I examine (...) a number of arguments both for and against the view that juries ought to be, in the words of the literature, fully informed. In the end I conclude that there is significant empirical evidence to suggest that, rather than simply promoting justice and mercy, as proponents of the instruction argue, fully informing a jury has the unforeseen consequence of encouraging juries to behave in a manner I label bad-faith, and that such bad-faith juries in fact corrupt the principles of justice and fairness that are the cornerstones of the trial system. (shrink)

In this case study I argue that experts, to gain relevance in a jury trial, need to fit into a manifold division of knowing. They do so by borrowing and sharing diverse knowledges. These exchanges place the modest expert testimony right into an authoritative and powerful decision-making apparatus. This argument derives from an ethnographic study of a ‘‘sleepwalking defense.’’ The division of knowing embraces the certified facts, the instructed case, the competing expertise, and the common sense. As a conclusion, (...) I identify the experts’ twofold relevance. Experts perform the case as undecided and decidable. They provide exclusive knowledge and affirm a set of other knowledges. By ‘‘knowing’’ and ‘‘not knowing,’’ the experts perform individual modesty and systemic immodesty by the same token. (shrink)

Despite the venerable place that "justice" occupies in social scientific theory and research, little effort has been made to see how members of society themselves define and use the concept when confronted with determining "what has happened" in some social arena, theorizing about why it happened, and deciding what should ensue. We take an ethnomethodological approach to justice, attempting to recover it as a feature of practical activity or a "phenomenon of order." Our analysis involves an actual videotaped jury (...) deliberation. In his classic study of decision making by juries, Garfinkel observed that jurors changed their reliance on commonsense reasoning very little, even though they were instructed to adhere to official and legal criteria for guilt. The vacillation between commonsense reasoning and using official criteria creates a tension; in our data this tension is manifested as the choice between adhering to law and procedural rules and providing "justice." By articulating this tension as a puzzle, several of the jurors prepare the way for using "justice," and then use this concept in formal ways which, along with other discursive patterns and strategies, constitute the deliberation as a structured, concerted activity. We show four stages in the use of the term justice as it is embedded in jurors' practical reasoning. (shrink)

Jurors customarily do their work with very little by way of instruction from the court, other than about the law. This suggests that they enter the jury room with the relevant cognitive and interactional tools at the ready, drawn from everyday life. This paper focuses on a specific conversational device jurors use to do their work: conditional-contrastive inculpations, whereby the defendant’s actions are compared unfavorably to what a normal, innocent person would have done, with the implication that the discrepancy (...) indicates guilt. We examine the logic, variants, sequential precursors, and immediate consequences of this phenomenon in two real-life American criminal juries deliberating the same charges. This study offers a rare glimpse into the operation of real juries, and specifically the way in which they appropriate a practice from ordinary conversation in order to perform the unordinary work demanded of them by the legal system. (shrink)

Nakba is ignored in Western philosophy encyclopedias, and the notion of genocide is rarely explained. In turn, there is much talk about the Holocaust.

This article, first published in Russian in 1984 in Sign Systems Studies, introduces the concept of semiosphere and describes its principal attributes. Semiosphere is the semiotic space, outside of which semiosis cannot exist. The ensemble of semiotic formations functionally precedes the singular isolated language and becomes a condition for the existence of the latter. Without the semiosphere, language not only does not function, it does not exist. The division between the core and the periphery is a law of the internal (...) organisation of the semiosphere. There exists boundary between the semiosphere and the non- or extra-semiotic space that surrounds it. The semiotic border is represented by the sum of bilingual translatable “filters”, passing through which the text is translated into another language (or languages), situated outside the given semiosphere. The levels of the semiosphere comprise an inter-connected group of semiospheres, each of them being simultaneously both participant in the dialogue (as part of the semiosphere) and the space of dialogue (the semiosphere as a whole). (shrink)

There is widespread agreement that the European Union is presently suffering from a lack of social justice. Yet there is significant disagreement about what the relevant injustice consists in: Federalists believe the EU can only remedy its justice deficit through the introduction of direct interpersonal transfers between people living in separate states. Intergovernmentalists believe the justice-related purpose of the EU is to enable states to cooperate fairly, and to remain internally just and democratic in the face of increased global pressure (...) on welfare states. I suggest that despite their fundamental differences, many of the most reasonable and prominent philosophical accounts of social justice in the EU nonetheless converge in their institutional prescriptions. In particular, they may each serve as a justificatory basis for introducing the European social minimum, an EU-wide income support scheme. (shrink)

This article by Juri Lotman from the third volume of Trudy po znakovym sistemam (Sign Systems Studies) in 1967, deals with the problem of artistic modelling. The general working questions are whether art displays any characteristic traits that are common for all modelling systems and which could be the specific traits that can distinguish art from other modelling systems. Art is seen as a secondary modelling system, more precisely, as a play-type model, which is characterised simultaneously by practical and conventional (...) behaviour and constant awareness of the possibility of alternate meanings to the one that is currently being perceived. At the same time art has play-like elements but is not the same as play, since play is inherently rule-bound, whereas art is a more flexible model thepurpose of which is truth. Art is a special type of modelling system, since it is on one hand suitable for storing very large amount of complex information, but onthe other hand it can increase the stored information and transform the consumer. (shrink)

The scientificity of the research should be evaluated according to the methodology used in the study. However, these are usually the research areas or the institutions that are classified as scientific or non-scientific. Because of various reasons, it may turn out that the scientific institutions are not producing science, while the “non-scientists” are doing real science. In the extreme case, the official science system is entirely corrupt, consisting of fraudsters, while the real scientists have been expelled from academic institutions. Since (...) 2016-2017, there has been much talk about the “post-truth era” and the politicians who are “denying science”. However, simultaneously, many complaints about the corruption of science appeared. The outsider cannot tell who is telling the truth as it may be the case that the science fraudsters are defending themselves and these politicians are aware of the corruption. It is also untrue that the censoring or suppression of science started from 2016-2017. Suppression of science because of political and ideological reasons was present already long ago, and during the last few years, it has been increasing. The picture is highly complicated as there are many pretenders, false accusations, etc. For example, because of political reasons, someone may be set up as a pseudoscientist, the real scientist may be expelled using political accusations, justified criticism may be labelled as political pressure, etc. There is something like an inner information war ongoing in and around science. The classical philosophy of science seems unable to handle it because every formal rule can be misapplied. Science, as a whole, may be unable to persist. (shrink)

It is shown to be consistent that the reals are covered by ℵ1 meagre sets yet there is a Baire class 1 function which cannot be covered by fewer than ℵ2 continuous functions. A new cardinal invariant is introduced which corresponds to the least number of continuous functions required to cover a given function. This is characterized combinatorially. A forcing notion similar to, but not equivalent to, superperfect forcing is introduced.

Since Popper and Lakatos, the demarcation line between science and non-science has been considered one of the fundamental issues of the philosophy of science. According to Lakatos, pseudoscience is a non-science, which appears as science, using science's public authority. Since then, mountains of texts have been published on how non-sciences, such as astrology, are not sciences. -/- But the enemy is not on the other side of the border. The enemy is in our midst. Science has been institutionalized. The best (...) way to do the pseudoscience is to fuss inside the big enterprise recognized as a science. (shrink)

Many attempts have been made to solve Hume's problem. However, the assumptions leading to the problem have remained largely unnoticed. Moreover, since Goodman introduced the predicate "grue", philosophers without relevant mathematical education have been confused. In addition, various delusive arguments from convergence have been presented. In this book, it is maintained that knowledge has to be feasible and relevant and that several solutions fail to meet that demand. It is argued that the crucial presupposition of the problem of induction is (...) that clairvoyance is impossible and that this presupposition is unproven. Generalized Goodman predicates are introduced. To criticize arguments from convergence, the notion of "undecided game" is introduced. A relationship between Zeno's paradox and the problem of induction is revealed. A distinction between "do not know" and "cannot know" is consistently held. It is concluded that, as yet, we do not know the future and that it is impossible to prove that it is impossible to know the future. This book should be useful to professionals in epistemology and philosophy of science, and might be of interest to logicians and mathematicians. (shrink)

Tõde või eimiski [= Truth or Nothingness]. A collection of philosophical essays 1990-2021. In Estonian. -/- Kogumikku hoolikalt valitud tekstid on ühelt poolt loomingulised, lugejat intrigeerivad ning interdistsiplinaarsed – kõige rohkem põimitakse filosoofilisi arutlusi psühholoogilistega. Kuid teisest küljest on esseed filosoofiliselt ranged, demonstreerides oskust jääda ka rakenduslikes teemaarendustes üdini filosoofiks. Raamatus leidub nii filosoofia olemuse üle arutlevaid tekste, kaasahaaravaid filosoofia suurkujude tõlgendusi, põhjalikult käsitletakse ka praktilise filosoofia alla kuuluvaid teemasid kuni meie kaasaja poliitilise olukorra diagnoosi ja kriitikani välja. Raamatu lõpus (...) on intervjuu väljaandjaga. (shrink)

Spontaneous Infra-Slow Fluctuations of the human EEG were discovered 60 years ago when appropriate amplifiers for their recordings were designed. To avoid skin-related artifacts the recording of EEG-ISFs required puncturing the skin under the electrode. In the beginning of the 21st century the interest in EEG-ISFs was renewed with the appearance of commercially available DC-coupled amplified and by observation of ISFs of the blood oxygen level–dependent functional magnetic resonance imaging signal at a similar frequency. The independent components of irregular EEG-ISFs (...) were shown to correlate with BOLD signals which in turn were driven by changes in arousal level measured by galvanic skin response, pupil size and HRV. There is no consensus regarding the temporal organization of EEG-ISFs: some studies emphasize the absence of peaks on EEG-ISFs spectra, some studies report prominent oscillations with frequency around 0.1 or 0.02 Hz, while some emphasize multiple discrete infraslow oscillations. No studies used parameters of EEG-ISFs as neuromarkers to discriminate psychiatric patients from healthy controls. Finally, a set of working hypotheses is suggested that must be tested in future research to solve the enigma of EEG-ISFs. (shrink)

El presente trabajo esboza la doctrina suareciana sobre el ejercicio del poder soberano en el contexto ideológico de la llamada Escuela de Salamanca, haciendo foco en la factibilidad de la resistencia al mismo, en los casos de tiranía y vinculando tal resistencia a la clave fundamental de la comunidad política que es el bien común, al cual está ordenada la potestad soberana. Nos interesa confrontar esta doctrina con la de un autor contemporáneo a Suárez y clásico por sus aportes a (...) la noción de soberanía de la República como lo fue Jean Bodin, con sus Seis Libros de la República. (shrink)

November 1936 PREFACE THIS book is, in slightly revised form, a dis sertation presented for the degree of Doctor of Philosophy in Yale University.

Should we be worried that the concept of trust is increasingly used when we assess non-human agents and artefacts, say robots and AI systems? Whilst some authors have developed explanations of the concept of trust with a view to accounting for trust in AI systems and other non-agents, others have rejected the idea that we should extend trust in this way. The article advances this debate by bringing insights from conceptual engineering to bear on this issue. After setting up a (...) target concept of trust in terms of four functional desiderata (trust-reliance distinction, explanatory strength, tracking affective responses, and accounting for distrust), I analyze how agential vs. non-agential accounts can satisfy these. A final section investigates how ‘non-ideal’ circumstances—that is, circumstances where the manifest and operative concept use diverge amongst concept users—affect our choice about which rendering of trust is to be preferred. I suggest that some prominent arguments against extending the language of trust to non-agents are not decisive and reflect on an important oversight in the current debate, namely a failure to address how narrower, agent-centred accounts curtail our ability to distrust non-agents. (shrink)

It is shown to be consistent with set theory that every set of reals of size ℵ1 is null yet there are ℵ1 planes in Euclidean 3-space whose union is not null. Similar results will be obtained for other geometric objects. The proof relies on results from harmonic analysis about the boundedness of certain harmonic functions and a measure theoretic pigeonhole principle.

Juri Lotman. Mask in an artistic world of Gogol, and the masks of Anatoli Kaplan. The paper deals with an intersemiotic problem — how it is possible to represent a verbal image by the means of sculpture. It was written as an afterword for a German edition of N. Gogol’s Dead Souls (illustrated by photos on mask-sculpures by Anatoli Kaplan) thus using a style meant for general reader. However, it includes a deep analysis and several important conclusions about the fancy (...) worlds of Gogol and Kaplan, and about the possibilities to create connections between them. It is stressed that the very artistic illustration is possible only due to its independence, due to the subjective seeing of the author. (shrink)

Juri Lotman. Mask in an artistic world of Gogol, and the masks of Anatoli Kaplan. The paper deals with an intersemiotic problem — how it is possible to represent a verbal image by the means of sculpture. It was written as an afterword for a German edition of N. Gogol’s Dead Souls (illustrated by photos on mask-sculpures by Anatoli Kaplan) thus using a style meant for general reader. However, it includes a deep analysis and several important conclusions about the fancy (...) worlds of Gogol and Kaplan, and about the possibilities to create connections between them. It is stressed that the very artistic illustration is possible only due to its independence, due to the subjective seeing of the author. (shrink)