In criminal trials, judges or jurors have to decide whether the facts described in the indictment are proven beyond a reasonable doubt. However, these decision-makers cannot always imagine every relevant sequence of events—there may be unconceived alternatives. The possibility of unconceived alternatives is an overlooked source of reasonable doubt. I argue that decision-makers should not consider the defendant’s guilt proven if they have good reasons to believe that plausible, unconceived scenarios exist. I explore this thesis through the lens of the (...) two most influential accounts of rational criminal proof—Bayesian and explanation-based approaches. I draw on related ideas from the philosophy of science to show why and when unconceived alternatives lead to reasonable doubt on either account. (shrink)

Moral Case Deliberation is an up and coming form of ethics support wherein clinical professionals deliberate about moral questions they face in their work. So far, it has been unclear what quality of deliberation in MCD is entailed and how to evaluate this quality. This article proposes a coding scheme that fits the theoretical background of MCD and allows researchers to evaluate the quality of the deliberation in MCDs. We consider deliberation in MCD to be of good quality when participants (...) enrich their own understanding of a case by being exposed to the viewpoints of others. In order to have such an enriching effect, the deliberation in an MCD ought to involve different kinds of arguments from the perspectives of different stakeholders and in favour of different resolutions to the case; and the process of deliberation ought to be critical but constructive. (shrink)

Explanationist accounts of rational legal proof view trials as a competition between explanations. Such accounts are often criticized for being underdeveloped. One question in need of further attention is when guilt is proven beyond a reasonable doubt in criminal trials. This article defends an inference to the best explanation -based approach on which guilt is only established BARD if the best guilt explanation in a case is substantially more plausible than any innocence explanation, and there is no good reason to (...) presume that we have overlooked evidence or alternative explanations that could realistically have exonerated the defendant. This is a comparative account, which I argue is better suited for arriving at accurate verdicts than the non-comparative ‘no plausible alternative’ account that many explanationists tacitly assume. Furthermore, this account is not susceptible to the most important arguments against IBE in criminal trials or to arguments against other, non-explanationist interpretations of the BARD standard. I use a case study to illustrate how this account provides meaningful guidance for decision makers in criminal trials. (shrink)

Eyewitness testimony is both an important and a notoriously unreliable type of criminal evidence. How should investigators, lawyers and decision-makers evaluate eyewitness reliability? In this article, I argue that Testimonial Inference to the Best Explanation is a promising, but underdeveloped prescriptive account of eyewitness evaluation. On this account, we assess the reliability of eyewitnesses by comparing different explanations of how their testimony came about. This account is compatible with, and complementary to both the Bayesian framework of rational eyewitness evaluation and (...) with prescriptive methods for eyewitness assessment developed by psychologists. Compared to these frameworks, the distinctive value of thinking in terms of competing explanations is that it helps us select, interpret and draw conclusions from the available evidence about the witness’s reliability. (shrink)

Most legal evidence scholars agree that proof of guilt beyond a reasonable doubt requires the belief that the defendant probably committed the alleged acts. However, they also agree that this is not a sufficient condition, as this belief may be unreasonable. I focus on two popular proposals for additional conditions: (i) that the degree of belief should be robust and (ii) that it should be reasonable given the available evidence (should be an evidential probability). Both criteria face difficulties regarding their (...) meaning and utility. I propose an interpretation which overcomes these difficulties and which combines the two conditions into a single criterion on which both conditions are about the possibility of overlooked, exculpatory information. Proof of guilt beyond a reasonable doubt requires that we are sufficiently certain that we did not miss such information for the sake of achieving accurate beliefs and a just error distribution. How certain we can be that we did not miss anything relevant depends on our higher-order evidence. One important type of higher-order evidence is whether the hypotheses under consideration are sufficiently detailed. This point leads to a novel way of combining the Bayesian and explanation-based accounts of rational legal proof. (shrink)

Accurate perception of an individual’s identity and emotion derived from their actions and behavior is essential for successful social functioning. Here we determined the role of identity in the representation of emotional whole-body actions using visual adaptation paradigms. Participants adapted to actors performing different whole-body actions in a happy and sad fashion. Following adaptation subsequent neutral actions appeared to convey the opposite emotion. We demonstrate two different emotional action aftereffects showing distinctive adaptation characteristics. For one short-lived aftereffect, adaptation to the (...) emotion expressed by an individual resulted in biases in the perception of the expression of emotion by other individuals, indicating an identity-independent representation of emotional actions. A second, longer lasting, aftereffect was observed where adaptation to the emotion expressed by an individual resulted in longer-term biases in the perception of the expressions of emotion only by the same individual; this indicated an additional identity-dependent representation of emotional actions. Together, the presence of these two aftereffects indicates the existence of two mechanisms for coding emotional actions, only one of which takes into account the actor’s identity. The results that we observe might parallel processing of emotion from face and voice. (shrink)

This article provides a review of scholarly approaches to assessing the impact of certification standards for sustainability. While we observe that some theoretical advances have afforded a better understanding of the potential impacts of adopting such standards, we also find that progress has been constrained due to a strong emphasis on assessing impact via linear causal pathways. This linear focus on the net effects for single stakeholders, such as farmers and producers, local communities and ecosystems, falls short of adequately capturing (...) the broader impact of certifications across social and ecological dimensions. Inspired by theories on complex systems thinking, we present a framework based on a systems-based impact logic that better captures and assesses the impacts of certification standards within broader social-ecological systems. Our framework can be used as a heuristic to design impact-related studies and assess the impact of certification standards across disciplinary vantage points and empirical contexts. (shrink)

Accurate perception of the emotional signals conveyed by others is crucial for successful social interaction. Such perception is influenced not only by sensory input, but also by knowledge we have about the others’ emotions. This study addresses the issue of whether knowing that the other’s emotional state is congruent or incongruent with their displayed emotional expression (“genuine” and “fake”, respectively) affects the neural mechanisms underpinning the perception of their facial emotional expressions. We used a visual adaptation paradigm to investigate this (...) question in three experiments employing increasing adaptation durations. The adapting stimuli consisted of photographs of emotional facial expressions of joy and anger, purported to reflect (in-)congruency between felt and expressed emotion, displayed by professional actors. A Validity checking procedure ensured participants had the correct knowledge about the (in-)congruency. Significantly smaller adaptation aftereffects were obtained when participants knew that the displayed expression was incongruent with the felt emotion, following all tested adaptation periods. This study shows that knowledge relating to the congruency between felt and expressed emotion modulates face expression aftereffects. We argue that this reflects that the neural substrate responsible for the perception of facial expressions of emotion incorporates the presumed felt emotion underpinning the expression. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Nature and Altering It, and: Keeping God’s Earth: The Global Environment in Biblical PerspectiveJohn SniegockiNature and Altering It Allen Verhey Grand Rapids, Mich.: Eerdmans, 2010. 150 pp. $15.00.Keeping God’s Earth: The Global Environment in Biblical Perspective Edited by Noah Toly and Daniel Block Downers Grove, Ill.: IVP Academic, 2010. 300 pp. $25.00.Both of the books under review focus on how Christians should relate to the rest of God’s (...) creation. The first book, Nature and Altering It, is based on Allen Verhey’s 2008 Jellema Lectures at Calvin College. It is a rather brief book, which retains much of the lecture style. The purpose of the book is to explore how Christians should relate to the natural world. In the opening chapter, Verhey provides sixteen different definitions of “nature,” opting himself for a definition of nature as “everything but God” (12). Verhey further contends that any definition of nature is necessarily embedded in a broader vision or myth. In the second chapter he explores and critiques some of the dominant myths of our time, such as the “Baconian myth,” the “myth of the project of liberal society,” and the “myth of the project of capitalism.” These myths, he argues, together contribute to an instrumental view of nature, the priority of short-term economic interests, and a rather blind faith in science-technology and unlimited economic growth.In contrast to these and other myths and their harmful social and ecological consequences, Verhey stresses the importance of the “myth of the Christian Scriptures” (12). Among the central biblical themes he highlights are the distinction between God and creation and the prohibition of all forms of idolatry, including idolatry of science and technology, of economic growth, or of nature itself. Verhey also emphasizes the goodness of creation, creation’s promised future eschatological perfection, God’s deep concern for the poor and marginalized, and the vocation of humans to image God’s care for the world. “We image God,” Verhey states, “in self-giving, in practices of caring for and affirming the existence of the other, including the non-human other” (86–87).While focusing especially on the importance of narrative and storytelling, arguing that “the biggest danger for the Christian community is forgetfulness” [End Page 220] (120), Verhey also stresses the need for prophecy, wisdom, analysis, and policy work. Each should be shaped by the Christian narrative and give rise to actions that “already give some little token” of the fullness of shalom that is God’s promised future for humanity and creation (121). Among the specific ecological actions that Verhey recommends are planting a garden, living simply, prioritizing energy efficiency, and working for policy changes that will foster ecological sustainability.The volume Keeping God’s Earth, edited by Noah Toly and Daniel Block, explores from an evangelical Christian perspective the same basic question of how humans are to properly relate to God’s creation. The book begins with a chapter titled “Eschatology and Environmental Ethics,” followed by four paired sets of chapters exploring the topics of cities, biodiversity, water, and climate change. The first essay of each pair provides a factual overview of the topic. The second explores biblical theology relevant to the topic. The book concludes with an essay on environmental ethics and an afterword exploring the theme of Christ as “Gardener-King.”The four chapters that present factual overviews of ecological problems are very helpful, providing important background information upon which informed theological and ethical reflection depends. The chapter by renowned climatologist Sir John Houghton on global climate change is especially useful, highlighting the urgency of rapidly reducing greenhouse gas emissions and explaining why taking a “wait and see” attitude should be understood as morally irresponsible. “The truth is,” asserts Houghton, “that our global environment is deteriorating at an alarming rate, and unless we admit our destructive behaviors and seek more sustainable responses... our children’s children will have very little hope for a future” (189). Acknowledging such dire realities, David Gushee, in the book’s concluding chapter on ecological ethics, stresses that attention to ecology can be properly seen as the most pressing moral challenge that humanity faces. Ecological... (shrink)

The nature and legitimacy of commitments. Objectivity vs. commitment, by H. Smith. Institutional commitment: a social scientist's view, by H. R. Davis. The sectarian nature of liberal education, by L. J. Averill. The identity of the Christian college, by W. W. Jellema.--Commitments and the dimensions of learning. Discursive truth and evangelical truth, by A. C. Outler. Natural order and transcendent order, by W. G. Pollard. Limited cognition and ultimate cognition, by R. W. Friedrichs. Academic teaching and human experience, by (...) M. Novak. Academic excellence and moral value, by W. W. Jellema.--Norms and models of commitment. Biblical realism as a norm, by W. Herberg. Christian ethical community as a norm, by W. Beach. A pluralistic model, by W. B. Martin. A singular model, by L. J. Averill. (shrink)

This is a collection of essays in ethics and the philosophy of religion contributed by former students and colleagues of Professor W. Harry Jellema to honor his 70th birthday and his retirement from Calvin College. The essays are quite diverse but uniformly worthwhile. They are nicely balanced between such traditional approaches as in Veatch's "For a Renewal of an Old Departure in Ethics" and Parker's "Traditional Reason and Modern Reason," contemporary analytic approaches as in Plantinga's "Necessary Being" and Brouwer's (...) "A Restricted Motive Theory of Ethics," and historical studies such as Stob's "The Ethics of Jonathan Edwards" and De Boer's "First Steps in Mysticism." The quality and seriousness of the collection as a whole appropriately honors a man who has been one of the most devoted and effective teachers in the American philosophic community for the past fifty years.—W. G. E. (shrink)