This article examines some of the interactions between law, science, and society taking place during a trial. By focusing on a restricted set of scientific and nonscientific actors engaged in negotiating the meaning, relevance, and reliability of scientific evidence, the article illustrates how the categories—law, science, and society—are inextricably interrelated in the legal negotiations and outcome. The introduction of scientific evidence into adversarial legal settings produces strategies, opinions, and claims that are not shaped solely by scientists, lawyers, or legal processes. (...) The situated law-science negotiations provide a site where social order and scientific knowledges are mutually constituted. The outcome of specific law-science interactions will be open to a range of readings and constraints that are not reducible to some putatively correct scientific understanding nor adequately described as the distortion of scientific evidence by the legal system. (shrink)

In recent decades a number of criminal convictions have been reversed on appeal, partially on the basis of problems associated with the use of scientific evidence adduced by the prosecution during the trial. These miscarriage of justice cases have received considerable attention from news media, legal commentators, criminologists and in formal public inquiries. Most responses to these cases have been critical of the scientific evidence originally relied upon at trial. Few commentators have been critical of, or even reflective about, the (...) scientific evidence used to acquit. Generally, their analyses have utilized idealized images of science and scientists. In contrast, by importing the concept of methodological symmetry from science studies, this paper aims to identify and explore the conceptual disparity (or asymmetry) between the assessment of scientific evidence used to convict and the scientific evidence used to acquit. In order to illustrate some of the limits to conventional approaches to miscarriages of justice as well as examine the judicial use of scientific evidence this will be undertaken in relation to the successful appeal of the Birmingham Six. (shrink)

This article reviews contemporary response to several contrasting strands of recent empirical work. It begins with discussing the scope and rationale of evidence law. Experimental studies on eyewitness memory and testimony illustrate the potential value of empirical studies to the practice of investigations, prosecutions, and appeals. This article discusses several lines of empirical inquiry employing diverse methodologies, experiments, surveys, and approaches and reviews their limitations, and implications and significance for the understanding and practice of law. Many of the contributions from (...) empirical legal studies are provisional and their precise value for practice is uncertain or ambiguous, but they raise important issues worthy of serious consideration. By identifying problems with eyewitness evidence and the limitations of many of the forensic sciences, and in many other ways, empirical and experimental studies have substantially outpaced legal experience. Indifference to empirical legal study is likely to reduce the social legitimacy of legal institutions. (shrink)

Over the last two decades judges (and regulators) in all common law jurisdictions have increased their reliance on published medical and scientific literature. During the same period biomedical research has undergone fundamental and unprecedented change. This article explores some of the changes to the location, organization and funding of biomedical research in order to assess their implications for liability and proof. Focusing on peer review and publication, along with reforms promoted by the editors of some of the world's pre-eminent general (...) medical journals (e.g. British Medical Journal, the Lancet, Journal of the American Medical Association and the New England Journal of Medicine), this article considers how judges might respond to recent findings which suggest that corporate sponsorship systematically biases biomedical research. Given that common law judges have been reforming rules of evidence and procedure in search of impartial expertise and privileging published biomedical research, how should they respond to the strategic manipulation of the scientific record? (shrink)

Aims: The Research Diagnostic Criteria for Temporomandi¬bular Disorders (RDC/TMD) Axis I diagnostic algorithms were demonstrated to be reliable but below target sensitivity and specificity. Empirical data supported Axis I algorithm revisions that were valid. Axis II instruments were shown to be both reliable and valid. An international consensus workshop was convened to obtain recommendations and finalization of new Axis I diagnostic algorithms and new Axis II instruments. Methods: A comprehensive search of published TMD diagnostic literature was followed by review and (...) consensus via a formal structured process by a panel of experts for revision of the RDC/TMD. Results: The recommended Diagnostic Criteria for TMD (DC/TMD) Axis I protocol includes both a valid screener for pain diagnoses and valid criteria for the most common pain-related TMDs and for one intra-articular disorder. The Axis II protocol retains selected RDC/TMD screening instruments augmented with new instruments to better assess the interactions between pain and psychosocial functioning. A comprehensive classification system is also presented. Conclusion: The recommended evidence-based DC/TMD protocol is appropriate for use in both the clinical and research settings. Simple Axis I and II screening tests augmented by validated Axis I and Axis II instruments allow for identification of simple to complex TMD patients. (shrink)

With its unique combination of depth, clarity, and humor that has enchanted millions, this beloved classic by bestselling author Gary Zukav opens the fascinating world of quantum physics to readers with no mathematical or technical background. "Wu Li" is the Chinese phrase for physics. It means "patterns of organic energy," but it also means "nonsense," "my way," "I clutch my ideas," and "enlightenment." These captivating ideas frame Zukav's evocative exploration of quantum mechanics and relativity theory. Delightfully easy to read, (...) The Dancing Wu Li Masters illuminates the compelling powers at the core of all we know. (shrink)

When first published twenty years ago, The Logic of Medicine presented a new way of thinking about clinical medicine as a scholarly discipline as well as a profession. Since then, advances in research and technology have revolutionized both the practice and theory of medicine. In this new, extensively rewritten edition, Dr. Murphy includes changes to show how these different areas of scholarship may affect details of "the logic of medicine" without compromising its fundamental coherence. New to this edition are discussions (...) of the challenge of the flood of new empirical data, new ideas in genetics, molecular biology, homeostasis, pathogenesis, cancer, aging, and Alzheimer's disease. Murphy also comments on such new theoretical topics as dynamic systems, chaos, and fractals and their impact on the burgeoning fields of philosophy and practice of medicine. Written with medical students in mind, the book includes a glossary, many new examples, and problems for solutions with comments on each. An entirely new chapter deals with modeling. Clinicians and researchers will also find the principles thought-provoking and illuminating. (shrink)

During the seventeenth century the major cognitive faculties--sense, imagination, memory, and understanding or intellect--became the central focus of argument in metaphysics and epistemology to an extent not seen before. The theory of the intellect, long an important auxiliary to metaphysics, became the focus of metaphysical dispute, especially over the scope and powers of the intellect and the existence of a `pure' intellect. Rationalist metaphysicians such as Descartes, Spinoza, and Malebranche claimed that intellectual knowledge, gained independently of the senses, provides the (...) framework for constructing a new theory of nature. Other writers, including Hobbes and the early Gassendi, denied the existence of a distinct intellectual faculty, and so challenged the metaphysicians' abilities directly to perceive the essences of substances. The theory of the senses, which had long been a part of philosophical discussion, took on a new urgency, for adherents of the new corpuscularian philosophy needed to replace the dominant Aristotelian theory of real sensory qualities and sensible species. The revival of skepticism and a renewed interest in method also brought the faculties into prominence, for skeptical challenges typically were directed toward the faculties of sense and understanding, and the theory of method was conceived as providing instructions for the proper use of one's cognitive equipment. The theory of the faculties, then, is an important key to theories of knowledge in the seventeenth century. Indeed, rather than speaking of seventeenth century epistemology, it would be less anachronistic and more informative to speak of theories of cognition. The familiar (and over-stated) point that epistemology became fundamental to metaphysics during that century can then be restated as the point that the theory of faculties became central in metaphysical dispute. (shrink)

Descartes' Meditations is one of the most widely read philosophical texts and has marked the beginning of what we now consider as modern philosophy. It is the first text that most students of philosophy are introduced to and this Guidebook will be an indispensable introduction to what is undeniably one of the most important texts in the history of philosophy. Gary Hatfield offers a clear and concise introduction to Descartes' background, a careful reading of the Meditations and a methodological (...) investigation of its main themes. As with all the Guidebooks, this is an exemplary companion to any reading of the Meditations. (Note: This edition has been superseded by Gary Hatfield (2014), The Routledge Guidebook to Descartes' Meditations.). (shrink)

Since the 1970s Gary Watson has published a series of brilliant and highly influential essays on human action, examining such questions as: in what ways are we free and not free, rational and irrational, responsible or not for what we do? Moral philosophers and philosophers of action will welcome this collection, representing one of the most important bodies of work in the field.

Gary Steiner argues that ethologists and philosophers in the analytic and continental traditions have largely failed to advance an adequate explanation of animal behavior. Critically engaging the positions of Marc Hauser, Daniel Dennett, Donald Davidson, John Searle, Martin Heidegger, and Hans-Georg Gadamer, among others, Steiner shows how the Western philosophical tradition has forced animals into human experiential categories in order to make sense of their cognitive abilities and moral status and how desperately we need a new approach to animal (...) rights. Steiner rejects the traditional assumption that a lack of formal rationality confers an inferior moral status on animals vis-à-vis human beings. Instead, he offers an associationist view of animal cognition in which animals grasp and adapt to their environments without employing concepts or intentionality. Steiner challenges the standard assumption of liberal individualism according to which humans have no obligations of justice toward animals. Instead, he advocates a "cosmic holism" that attributes a moral status to animals equivalent to that of people. Arguing for a relationship of justice between humans and nature, Steiner emphasizes our kinship with animals and the fundamental moral obligations entailed by this kinship. (shrink)

The late 20th century saw a remarkable flourishing of philosophy in France. The work of French philosophers is wide ranging, historically informed, often reaching out beyond the boundaries of philosophy; they are public intellectuals, taken seriously as contributors to debates outside the academy. Gary Gutting tells the story of the development of a distinctively French philosophy in the last four decades of the 20th century. His aim is to arrive at an account of what it was to 'do philosophy' (...) in France, what this sort of philosophizing was able to achieve, and how it differs from the analytic philosophy dominant in Anglophone countries. -/- His initial focus is on the three most important philosophers who came to prominence in the 1960s: Michel Foucault, Gilles Deleuze, and Jacques Derrida. He sets out the educational and cultural context of their work, as a basis for a detailed treatment of how they formulated and began to carry out their philosophical projects in the 1960s and 1970s. He gives a fresh assessment of their responses to the key influences of Hegel and Heidegger, and the fraught relationship of the new generation to their father-figure Sartre. He concludes that Foucault, Derrida, and Deleuze can all be seen as developing their fundamental philosophical stances out of distinctive readings of Nietzsche. The second part of the book considers topics and philosophers that became prominent in the 1980s and 1990s, such as the revival of ethics in Levinas, Derrida, and Foucault, the return to phenomenology and its use to revive religious experience as a philosophical topic, and Alain Badiou's new ontology of the event. Finally Gutting brings to the fore the meta-philosophical theme of the book, that French philosophy since the 1960s has been primarily concerned with thinking the impossible. (shrink)

In _Animals and the Limits of Postmodernism_, Gary Steiner illuminates postmodernism's inability to produce viable ethical and political principles. Ethics requires notions of self, agency, and value that are not available to postmodernists. Thus, much of what is published under the rubric of postmodernist theory lacks a proper basis for a systematic engagement with ethics. Steiner demonstrates this through a provocative critique of postmodernist approaches to the moral status of animals, set against the background of a broader indictment of (...) postmodernism's failure to establish clear principles for action. He revisits the ideas of Derrida, Foucault, Nietzsche, and Heidegger, together with recent work by their American interpreters, and shows that the basic terms of postmodern thought are incompatible with definitive claims about the moral status of animals--as well as humans. Steiner also identifies the failures of liberal humanist thought in regards to this same moral dilemma, and he encourages a rethinking of humanist ideas in a way that avoids the anthropocentric limitations of traditional humanist thought. Drawing on the achievements of the Stoics and Kant, he builds on his earlier ideas of cosmic holism and non-anthropocentric cosmopolitanism to arrive at a more concrete foundation for animal rights. (shrink)

"An essential overview of an important intellectual movement, Logical Empiricism in North America offers the first significant, sustained, and multidisciplinary attempt to understand the intellectual, cultural, and political dimensions of ...

There are two main parts to this article: (1) Quine's view of truth is substantive in a way that is not generally recognized. There are elements in the view of deflationism, minimalism, and of course disquotationalism to be sure, but from Quine's perspective the capacity for generalization - ascribing truth not to explicitly given sentences but to kinds of sentences - requires a full-bore Tarskian apparatus. This is necessary in order for truth to play what for Quine are its vital (...) roles in science, philosophy (epistemology and those parts of metaphysics that Quine recognizes), and crucially in logic itself. (These points have not been made with adequate care in the literature). (2) But is Tarskianism sufficient for playing all of those roles? Contrary to an interesting article by Lars Bergström - I argue that it is indeed sufficient, at least from Quine's point of view, and to see the point is to appreciate how thoroughgoing and powerful the notion of truth is, despite its being, 'in itself', only a device of sentential generalization. This dovetails with Quine's famous naturalism, a connection which I bring out at the end. (shrink)

John Locke's Essay Concerning Human Understanding is among the most important books in philosophy ever written. It is a difficult work dealing with many themes, including the origin of ideas; the extent and limits of human knowledge; the philosophy of perception; and religion and morality. This volume focuses on the last two topics and provides a clear and insightful survey of these overlooked aspects of Locke's best-known work. Four eminent Locke scholars present authoritative discussions of Locke's view on the ethics (...) of belief, personal identity, free will and moral theory. (shrink)

Scrap yard challenge : junkyard wars -- Freedom, origination, and irony -- Mimesis and cruelty -- Improvisation, origination, re-novation -- Conclusion : improvisation, thinking, writing.

1. Introduction : humanity's urge to understand -- 2. Elements of scientific thinking : skepticism, careful reasoning, and exhaustive evaluation are all vital. Science Is universal -- Maintaining a critical attitude. Reasonable skepticism -- Respect for the truth -- Reasoning. Deduction -- Induction -- Paradigm shifts -- Evaluating scientific hypotheses. Ockham's razor -- Quantitative evaluation -- Verification by others -- Statistics : correlation and causation -- Statistics : the indeterminacy of the small -- Careful definition -- Science at the frontier. (...) When good theories become ugly -- Stuff that just does not fit -- 3. Christopher Columbus and the discovery of the "Indies" : it can be disastrous to stubbornly refuse to recognize that you have falsified your own hypothesis -- 4. Antoine Lavoisier and Joseph Priestley both test the befuddling phlogiston theory : junking a confusing hypothesis may be necessary to clear the way for new and productive science -- 5. Michael Faraday discovers electromagnetic induction but fails to unify electromagnetism and gravitation : it is usually productive to simplify and consolidate your hypotheses -- 6. Wilhelm Röntgen intended to study cathode rays but ended up discovering X-rays : listen carefully when Mother Nature whispers in your ear : she may be leading you to a Nobel Prize -- 7. Max Planck, the first superhero of quantum theory, saves the universe from the ultraviolet catastrophe : assemble two flawed hypotheses about a key phenomenon into a model that fits experiment exactly and people will listen to you even if you must revolutionize physics -- 8. Albert Einstein attacks the problem "Are atoms real?" from every angle : solving a centuries-old riddle in seven different ways can finally resolve it -- 9. Niels Bohr models the hydrogen atom as a quantized system with compelling exactness, but his later career proves that collaboration and developing new talent can become more significant than the groundbreaking research of any individual -- 10. Conclusions, status of science, and lessons for our time. Conclusions from our biographies -- What thought processes lead to innovation? -- Is the scientist an outsider? -- The status of the modern scientific enterprise -- Lessons for our time -- Can the scientific method be applied to public policy? -- Why so little interest in science? -- Knowledge is never complete. (shrink)

The first part of the essay explores the relations between the will and practical reason or judgement. The second part takes up decision in the realm of belief, i.e. deciding that such and such is so. This phenomenon raises two questions. Since we decide that as well as to, should we speak of a doxastic will? Secondly, should we regard ourselves as active in the formation of our judgements as in the formation of our intentions? The author's answer to these (...) two further questions is ‘no’ and ‘yes’, respectively: the boundaries between the active and the passive are not marked by the will. (shrink)

This article proposes a new acrostic (SAPI) and telestic (SOIS) at Laus Pisonis 227–30. Their position opposite one another is an indication that they are to be read as a single sentence and an admonition to both dedicatee and reader that poet and patron need each other to gain eternal fame. The telestic allows us to reconstruct the poet's usus scribendi of the reflexive possessive pronoun suus.

This book offers a detailed look at Guattari's working methods in transdisciplinary experimentation from the time of his youth to his final years.His youthful adventures in the post-war Youth Hostels movement, decisive contact with institutional pedgagogy and the mentor figures of Fernand Oury and his brother Jean, give rise to an extraordinary penchant for organizational innovation in his life at Clinique de La Borde in Cour-Cheverny, France, and collective forms of expression manifested in publishing ventures and diverse collaborative research formations.Guattari's (...) highly original and hitherto neglected theories of a-signifyng semiotics and minor cinema are explored in depth with reference to the political goals of the critique of infoculture and the molecular revolutionary tendencies that are released in the search for a people to come.Guttari's engagement with eco-politics and art practices displays his originality as a political thinker and is firmly grounded on his exporation of how subjectivity is produced inlate capitalism.Guattari's ground-breaking conception of transversal politics is fully explored in relation to Michel Foucault's sense of the concept and its role in global political theory. (shrink)

Reprint of: Gary Hatfield, Force (God) in Descartes' physics, Studies in History and Philosophy of Science Part A 10 (2):113-140 (1979) -/- Abstract. It is difficult to evaluate the role of activity - of force or of that which has causal efficacy - in Descartes’ natural philosophy. On the one hand, Descartes claims to include in his natural philosophy only that which can be described geometrically, which amounts to matter (extended substance) in motion (where this motion is described kinematically).’ (...) Yet on the other hand, rigorous adherence to a purely geometrical description of matter in motion would make it difficult to account for the interactions among the particles that constitute Descartes’ universe, since the notions of extension and kinematical motion do not in themselves imply any causal agency. There is, after all, no reason to expect that a particle whose single essence is extension, even if we suppose it to be moving, should impart motion to another particle, while conversely, there is no reason to expect a resting particle to hinder the motion of an impinging one. Descartes' hankering for an austere ontology of matter in motion is in danger of excluding causal agency (force, conceived dynmically) from matter. To the modern reader it may seem obvious that Descartes did not get himself into such a fix, since matter in motion so readily reminds us of kinetic energy or of some more primitive notion of force. Yet by no means is it obvious that Descartes attributed causal efficacy to matter in motion per se. Serious scholars have held opposite positions on this issue. Westfall, Gabbey, and others’ have argued that although on the metaphysical plane Descartes attempted to eliminate force from his mechanical universe, nonetheless ‘force is a real feature’ of his mechanical world. The thrust of this view is that Descartes conceived of force as ‘the capacity of a body in motion to act’, by means of impact, upon other bodies. An opposing interpretation, defended here, is that Descartes did in fact deny causal agency to moving matter per se, restricting agency to immaterial substances such as the human mind, angels, and God. The intention of this interpretation is not to de-emphasize the role of matter in motion in Descartes’ explanation of nature, but rather to stress the fact that Descartes did not conceive of this moving matter dynamically. (shrink)

_The Critical Thinking Book_ covers not only standard topics such as definitions, fallacies, and argument identification, but also other pertinent themes such as consumer choice in a market economy and political choice in a representative democracy. Interesting historical asides are included throughout, as are images, diagrams, and reflective questions. A wealth of exercises is provided, both within the text and on a supplemental website for instructors. The author also offers additional exercises, videos, and other teaching and study materials that can (...) be digitally integrated into Learning Management Systems. (shrink)

Political liberalism has increasingly come under fire from both the right and the left, in politics as well as in philosophy. In this new study, G.B. Madison offers a systematic rebuttal to these contemporary critics, attempting to demonstrate that the basic principles of classical liberal philosophy are not only internally valid and coherent but also directly relevant to the problems faced by society in the post-industrial age. Building on the theory of Frank H. Knight and other liberal tinkers, Madison outlines (...) the postmodern theory of reason that is presupposed within classical liberal theory and makes the case that as a political philosophy liberalism can be justified entirely within its own terms, without reference to arbitrary or absolute values. (shrink)

The collected essays in this volume encompass a wide-ranging spectrum of philosophical, scientific, and literary topics as they relate to the theory and strategy of interpretation.

The chapter places Kant's discussions of empirical and rational psychology in the context of previous discussions in Germany. It also considers the status of what might be called his "transcendental psychology" as an instance of a special kind of knowledge: transcendental philosophy. It is divided into sections that consider four topics: the refutation of traditional rational psychology in the Paralogisms; the contrast between traditional empirical psychology and the transcendental philosophy of the Deduction; Kant's appeal to an implicit psychology in his (...) taxonomy and theory of cognitive faculties throughout the Critique of Pure Reason; and his new definitions of and support for empirical and rational psychology in the Doctrine of Method. (shrink)

Gary L. Cesarz - Spinoza's Book of Life: Freedom and Redemption in the Ethics - Journal of the History of Philosophy 43:3 Journal of the History of Philosophy 43.3 361-362 Steven B. Smith. Spinoza's Book of Life: Freedom and Redemption in the Ethics. New Haven: Yale University Press, 2003. Pp. xxvi + 230. Cloth, $35.00. Smith's well-crafted narrative contributes substantially to revealing the moral and political intentions "at the core" of the Ethics . Its focus is the role and (...) possibility of freedom in Spinoza's metaphysics, based on Smith's thesis that a version of teleological eudaemonism and democratic politics are the principal themes of the Ethics. Indeed, Smith considers the Ethics a "founding document of . . . democratic individualism" . He places Spinoza in his Enlightenment context, building on known.. (shrink)

A prominent and respected philosopher of animal rights law and ethical theory, Gary L. Francione is known for his criticism of animal welfare laws and regulations, his abolitionist theory of animal rights, and his promotion of veganism and nonviolence as the baseline principles of the abolitionist movement. In this collection, Francione advances the most radical theory of animal rights to date. Unlike Peter Singer, Francione maintains that we cannot morally justify using animals under any circumstances, and unlike Tom Regan, (...) Francione's theory applies to all sentient beings, not only to those who have more sophisticated cognitive abilities. (shrink)

" The essays, mostly commissioned by the editor, explore the presuppositions and consequences of arguing for the importance of the author's intentions in the ...

These are the questions that Gary H. Stahl addresses in this original and provocative work.

A prominent and respected philosopher of animal rights law and ethical theory, Gary L. Francione is known for his criticism of animal welfare laws and regulations, his abolitionist theory of animal rights, and his promotion of veganism and nonviolence as the baseline principles of the abolitionist movement. In this collection, Francione advances the most radical theory of animal rights to date. Unlike Peter Singer, Francione maintains that we cannot morally justify using animals under any circumstances, and unlike Tom Regan, (...) Francione's theory applies to all sentient beings, not only to those who have more sophisticated cognitive abilities. (shrink)

Gary L. Francione is a law professor and leading philosopher of animal rights theory. Robert Garner is a political theorist specializing in the philosophy and politics of animal protection. Francione maintains that we have no moral justification for using nonhumans and argues that because animals are property—or economic commodities—laws or industry practices requiring "humane" treatment will, as a general matter, fail to provide any meaningful level of protection. Garner favors a version of animal rights that focuses on eliminating animal (...) suffering and adopts a protectionist approach, maintaining that although the traditional animal-welfare ethic is philosophically flawed, it can contribute strategically to the achievement of animal-rights ends. As they spar, Francione and Garner deconstruct the animal protection movement in the United States, the United Kingdom, Europe, and elsewhere, discussing the practices of such organizations as PETA, which joins with McDonald's and other animal users to "improve" the slaughter of animals. They also examine American and European laws and campaigns from both the rights and welfare perspectives, identifying weaknesses and strengths that give shape to future legislation and action. (shrink)