Law search is fundamental to legal reasoning and its articulation is an important challenge and open problem in the ongoing efforts to investigate legal reasoning as a formal process. This Article formulates a mathematical model that frames the behavioral and cognitive framework of law search as a sequential decision process. The model has two components: first, a model of the legal corpus as a search space and second, a model of the search process that is compatible with that environment. The (...) search space has the structure of a “multi-network”—an interleaved structure of distinct networks—developed in earlier work. In this Article, we develop and formally describe three related models of the search process. We then implement these models on a subset of the corpus of U.S. Supreme Court opinions and assess their performance against two benchmark prediction tasks. The first is to predict the citations in a document from its semantic content. The second is to predict the search results generated by human users. For both benchmarks, all search models outperform a null model with the learning-based model outperforming the other approaches. Our results indicate that through additional work and refinement, there may be the potential for machine law search to achieve human or near-human levels of performance. (shrink)

In the original publication of the article.

Available for the first time in English, this is the definitive account of the practice of sexual slavery the Japanese military perpetrated during World War II by the researcher principally responsible for exposing the Japanese government's responsibility for these atrocities. The large scale imprisonment and rape of thousands of women, who were euphemistically called "comfort women" by the Japanese military, first seized public attention in 1991 when three Korean women filed suit in a Toyko District Court stating that they had (...) been forced into sexual servitude and demanding compensation. Since then the comfort stations and their significance have been the subject of ongoing debate and intense activism in Japan, much if it inspired by Yoshimi's investigations. How large a role did the military, and by extension the government, play in setting up and administering these camps? What type of compensation, if any, are the victimized women due? These issues figure prominently in the current Japanese focus on public memory and arguments about the teaching and writing of history and are central to efforts to transform Japanese ways of remembering the war. Yoshimi Yoshiaki provides a wealth of documentation and testimony to prove the existence of some 2,000 centers where as many as 200,000 Korean, Filipina, Taiwanese, Indonesian, Burmese, Dutch, Australian, and some Japanese women were restrained for months and forced to engage in sexual activity with Japanese military personnel. Many of the women were teenagers, some as young as fourteen. To date, the Japanese government has neither admitted responsibility for creating the comfort station system nor given compensation directly to former comfort women. This English edition updates the Japanese edition originally published in 1995 and includes introductions by both the author and the translator placing the story in context for American readers. (shrink)

In recent decades, issues that reside at the center of philosophical and psychological inquiry have been absorbed into a scientific framework variously identified as "brain science," "cognitive science," and "cognitive neuroscience." Scholars have heralded this development as revolutionary, but a revolution implies an existing method has been overturned in favor of something new. What long-held theories have been abandoned or significantly modified in light of cognitive neuroscience? _Consciousness and Mental Life_ questions our present approach to the study of consciousness and (...) the way modern discoveries either mirror or contradict understandings reached in the centuries leading up to our own. Daniel N. Robinson does not wage an attack on the emerging discipline of cognitive science. Rather, he provides the necessary historical context to properly evaluate the relationship between issues of consciousness and neuroscience and their evolution over time. Robinson begins with Aristotle and the ancient Greeks and continues through to René Descartes, David Hume, William James, Daniel Dennett, John Searle, Richard Rorty, Hilary Putnam, and Derek Parfit. Approaching the issue from both a philosophical and a psychological perspective, Robinson identifies what makes the study of consciousness so problematic and asks whether cognitive neuroscience can truly reveal the origins of mental events, emotions, and preference, or if these occurrences are better understood by studying the whole person, not just the brain. Well-reasoned and thoroughly argued, _Consciousness and Mental Life_ corrects many claims made about the success of brain science and provides a valuable historical context for the study of human consciousness. (shrink)

Throughout its history, the insanity defense specifically and the more general concept of mental defect or incompetence have been grounded in the assumption that those people fit for the rule of law are able to give and to comprehend reasons for their actions. This chapter traces the evolution of perspectives on the nature of mental illness and the manner in which cultural and extra-scientific influences have shaped perspectives. These perspectives are most saliently expressed in statutory provisions and relevant case law (...) summarized here and covering historical developments from ancient Greece and Rome to the present. Significant interactions between law and psychiatry are further highlighted and informed by core and controversial philosophical assumptions. Attention is given to differences between juridical and medical conceptions of responsibility. (shrink)

In his new book, eminent psychologist - Daniel Stern, explores the hitherto neglected topic of 'vitality'. Truly a tour de force from a brilliant clinician and scientist, Forms of Vitality is a profound and absorbing book - one that will be essential reading for psychologists, psychotherapists, and those in the creative arts.

Machiavellianism is a popular construct in research on ethics and organizational behavior. This research has demonstrated that Machiavellianism predicts a host of counterproductive, deviant, and unethical behaviors. However, individuals high in Machiavellianism also adapt to their organizational surroundings, engaging in unethical behavior only in certain situations. Nevertheless, the utility of Machiavellianism has been questioned. Meta-analyses have demonstrated that psychopathy out-predicts Machiavellianism for most antisocial outcomes. Thus, many researchers assume Machiavellianism is a derivative and redundant construct. However, researchers examining the utility (...) of Machiavellianism may be asking the wrong question about how Machiavellianism is unique. In our review, we find it less informative to ask about what antisocial behaviors Machiavellianism predicts. Instead, we find it more informative to ask when Machiavellianism predicts antisocial behaviors. Drawing on Field Theory and Trait Activation Theory, we argue that Machiavellianism is a trait that is associated with person × environment interactions. Their adaptive nature is made possible through the presence of impulse control and environmental sensitivity to punishment, two characteristics that individuals high in psychopathy lack. Consequently, individuals high in Machiavellianism constrain their antisocial behavior to environments when the benefits outweigh the costs. Thus, environmental context, especially the risk of external punishment, moderates Machiavellian misbehavior more than it does for those high in psychopathy. These behavioral constraints align with Lewin’s argument that behavior is a function of the person, environment, and interaction between the two. From this discussion, we arrive at recommendations pertaining to the future of Machiavellianism research in organizational and other applied settings. (shrink)

In the third of his Essays on the Intellectual Powers of Man, Reid devotes the fourth chapter to the concept of‘identity’, and the sixth chapter to Locke’s theory of ‘personal identity’. This latter chapter is widely regarded as a definitive refutation of the thesis that personal identity is no more than memories of a certain sort. It is interesting that the terms ‘identity’ and ‘personal identity’ do not appear as chapter or section titles elsewhere in any of Reid’s works; and (...) Hume is neither mentioned nor his theory of personal identity discussed in the two chapters specifically addressed to the matter. Moreover, while Locke, Reid, and Hume are often anthologized in works on personal identity, Reid is always presented as replying only to Locke. (shrink)

In the third of his Essays on the Intellectual Powers of Man, Reid devotes the fourth chapter to the concept of‘identity’, and the sixth chapter to Locke’s theory of ‘personal identity’. This latter chapter is widely regarded as a definitive refutation of the thesis that personal identity is no more than memories of a certain sort. It is interesting that the terms ‘identity’ and ‘personal identity’ do not appear as chapter or section titles elsewhere in any of Reid’s works; and (...) Hume is neither mentioned nor his theory of personal identity discussed in the two chapters specifically addressed to the matter. Moreover, while Locke, Reid, and Hume are often anthologized in works on personal identity, Reid is always presented as replying only to Locke. (shrink)

The harvesting of data about people, organizations, and things and their transformation into a form of capital is often described as a process of “accumulation by dispossession,” a pervasive loss of rights buttressed by predatory practices and legal violence. Yet this argument does not square well with the fact that enrollment into digital systems is often experienced as a much more benign process: signing up for a “free” service, responding to a “friend’s” invitation, or being encouraged to “share” content. In (...) this paper, we focus on the centrality of gifting and reciprocity to the business model and cultural imagination of digital capitalism. Relying on historical narratives and in-depth interviews with the designers and critics of digital systems, we explain the cultural genesis of these “give-to-get” relationships and analyze the socio-technical channels that structure them in practice. We suggest that the economic relation that develops as a result of a digital gift offering not only masks the structural asymmetry between giver and gifted but also permits the creation of the new commodity of personal data, obfuscates its true value, and naturalizes its private appropriation. We call this unique regime “accumulation by gift.”. (shrink)

This is the story of the clattering of elevated subways and the cacophony of crowded neighborhoods, the heady optimism of industrial progress and the despair of economic recession, and the vibrancy of ethnic cultures and the resilience of ...

Boddy and his colleagues have published several articles on “corporate psychopathy” using what they refer to as a Psychopathy Measure—Management Research Version. They based this measure on the items that comprise the Interpersonal and Affective dimensions of the Hare Psychopathy Checklist-Revised, a widely used copyrighted and controlled instrument. The PM-MRV not only misspecifies the construct of psychopathy, but also serves as an example of the problems associated with an attempt to form a “new” scale by adapting items from a proprietary (...) scale. The PCL-R measures a superordinate construct underpinned by four correlated dimensions or first-order factors, not just the two in the PM-MRV. The other two dimensions are Lifestyle and Antisocial, which together form Factor 2 of the PCL-R. As defined by the PCL-R, psychopathy requires high scores on both Factor 1 and Factor 2. Lack of validity aside, even if the PM-MRV were to be a useful measure of Factor 1, it would not discriminate between psychopathy and other “dark personalities,” such as Machiavellianism and narcissism, which, along with psychopathy, form the Dark Triad. This lack of discrimination stems from the fact that each of these personalities shares features measured by Factor 1 and, by implication, by the PM-MRV. Research findings based on the PM-MRV may have some meaning with respect to dark personalities in general, but their relevance to psychopathy, as measured with the PCL-R, is tenuous at best. (shrink)

Research in person and face perception has broadly focused on group-level consensus that individuals hold when making judgments of others. However, a growing body of research demonstrates that individual variation is larger than shared, stimulus-level variation for many social trait judgments. Despite this insight, little research to date has focused on building and explaining individual models of face perception. Studies and methodologies that have examined individual models are limited in what visualizations they can reliably produce to either noisy and blurry (...) or computer avatar representations. Methods that produce low-fidelity visual representations inhibit generalizability by being clearly computer manipulated and produced. In the present work, we introduce a novel paradigm to visualize individual models of face judgments by leveraging state-of-the-art computer vision methods. Our proposed method can produce a set of photorealistic face images that correspond to an individual's mental representation of a specific attribute across a variety of attribute intensities. We provide a proof-of-concept study which examines perceived trustworthiness/untrustworthiness and masculinity/femininity. We close with a discussion of future work to substantiate our proposed method. (shrink)

Alternative models of idealized scientific inquiry are investigated and compared. Particular attention is devoted to paradigms in which a scientist is required to determine the truth of a given sentence in the structure giving rise to his data.

By the sixth century of the modern era, and after centuries of refinement and skillful application by Roman jurists, the core principles appear in Justinian's Institutes, where it is simply taken for granted, without benefit of analysis or argument, that.

By the sixth century of the modern era, and after centuries of refinement and skillful application by Roman jurists, the core principles appear in Justinian's Institutes, where it is simply taken for granted, without benefit of analysis or argument, that.

Scientism: The New Orthodoxy is a comprehensive philosophical overview of the question of scientism, discussing the place of science in the humanities and religion. Clarifying and defining the key terms in play in discussions of scientism, this collection identifies the dimensions that differentiate science from scientism. Leading scholars appraise the means available to science, covering the impact of the neurosciences and the new challenges it presents for the law and the self. Illustrating the effect of scientism on the humanities, Scientism: (...) The New Orthodoxy addresses what science is. This provocative collection is an important contribution to the humanities in the 21st century. Contributors include: Peter Hacker, Bastian van Fraassen, Kenneth Schaffner, Roger Scruton, James K.A. Smith, Richard Swinburne, Lawrence Principe and Richard Williams. (shrink)

"An American psychologist, Daniel N. Robinson, traces the development of the insanity plea...[He offers] an assured historical survey." Roy Porter, The Times [UK] "Wild Beasts and Idle Humours is truly unique. It synthesizes material that I do not believe has ever been considered in this context, and links up the historical past with contemporaneous values and politics. Robinson effortlessly weaves religious history, literary history, medical history, and political history, and demonstrates how the insanity defense cannot be fully understood without (...) consideration of all these sources." Michael L. Perlin, New York Law School "Daniel N. Robinson has written a graceful history of insanity and the law stretching from Homer to Hinckley. He attempts no final theory as to how the law should cope with the insane; he seeks, rather, to use the shifting notions of when madness exculpates criminal activity to illuminate the core self-perceptions of the cultures developing ever-evolving resolutions of the problem...[T]he grandeur of the theme...commands attention and respect." --Neal Johnston, The Nation . (shrink)

A paradigm of scientific discovery is defined within a first-order logical framework. It is shown that within this paradigm there exists a formal scientist that is Turing computable and universal in the sense that it solves every problem that any scientist can solve. It is also shown that universal scientists exist for no regular logics that extend first-order logic and satisfy the Löwenheim-Skolem condition.

The constant threats to scientific progress are complacency and the diminished capacity for self-criticism. There have been great advances in our understanding of the functional anatomy of the nervous system, advances that stand in vivid contrast to our understanding of the moral, aesthetic and political dimensions of human life. The contrast is so great as to encourage the belief that these dimensions are found beyond the ambit of scientific explanation. How pathetic, then, to witness strident and smug attacks on those (...) who have reached this plausible and profound conclusion. (shrink)

A model of idealized scientific inquiry is presented in which scientists are required to infer the nature of the structure that makes true the data they examine. A necessary and sufficient condition is presented for scientific success within this paradigm.

This paper responds to discussion and criticism contained in a mini-symposium on Just health: meeting health needs fairly. The replies clarify existing positions and modify or develop others, specifically in response to the following: Thomas Schramme criticises the claim that health is of special importance because of its impact on opportunity, and James Wilson argues that healthcare is not of special importance if social determinants of health have a major causal impact on population health. Annette Rid is concerned that the (...) relevance condition in accountability for reasonableness is unclear and does little work. Harald Schmidt aims to flesh out where an account of responsibility for health should go since one is under-developed in Just health. Michael Schefczyk and Susanne Brauer challenge aspects of the prudential lifespan account. Samia Hurst asks what impact a population view should have on clinician obligations. (shrink)

"This book is a significant contribution to the analytic study of ethics, to the history of ethics, and to the growing field of philosophical psychology.

An infonnal fallacy is a reasoning error with three features: the reasoning employs an implicit cogent pattern; the fallacy results from one or more false premises; there is culpable ignorance or deception associated with the falsity of the premises. A reconstruction and analysis of the cogent reasoning patterns in fourteen standard infonnal fallacy types plus several variations are given. Defense of the CMR account covers: a general failure to apply the principle of charity in informal fallacy contexts; empirical evidence for (...) it; how it explains Walton's point that there are both fallacious and non-fallacious instances of fallacy types; how it avoids most "relevance" problems, pennits clearer taxonomizing, and promises pedagogical advantages; how it solves a "demarcation problem.". (shrink)