The primary aim of this chapter is to explain the nature of evidential reasoning, the characteristic difficulties encountered, and the tools to address these difficulties. Our focus is on evidential reasoning in criminal cases. There is an extensive scholarly literature on these topics, and it is a secondary aim of the chapter to provide readers the means to find their way in historical and ongoing debates.

We undertake the comparison between Ludwig von Bertalanffy's General Systems Theory and Alexandr Bogdanov's Tektology as two theories proposing a holistic interpretation of reality and claiming to solve problems which are unsolvable via conventional philosophic and scientific theories and methodologies. Basic misunderstandings by some Soviet authors regarding the nature of these theories -- especially in the case of Tektology -- are pointed out. The comparison is made in what concerns the general origins and purposes of the theories, their approaches to (...) the problem of organization, their treatment of mathematics and their understanding of the cybernetic concept of regulation. We contend that Tektology contains -- some 15 years earlier -- all the basic concepts which will be later developed by the General Theory of Systems. As we shall see, Tektology is the ultimate expansion of any theory of systems. This fact is widely ignored in contemporary specialized literature. We finally contend that both Tektology and the General Systems Theory are a sign of the times. A holistic secular monism is a respectable alternative to the failure of contemporary science and philosophy in guiding the life of men, in providing a raison d'être for human existence. However, we do not explore the soundness of this alternative. (shrink)

This paper presents a participant-centred virtue ethics approach, the Ọmọlúàbí moral-ethical framework, which moves beyond researcher-centred reflexivity to incorporate participants’ moral virtues...

Black youths experience poor mental health especially due to anti‐Black racism. Research related to Black youths have been conducted on Black youths with little or no participation or engagement rather than with Black youths. This paper presents information from a dialogue on decolonizing nursing research. I draw on interviews and conversation cafes with around 120 Black youths in Canada to identify strategies for decolonizing research with Black youths. First, I reflect on my relations with the Indigenous land in which the (...) study was conducted as well as my positionality as a Black woman. In this paper, I discuss how community based participatory action research can integrate capacity building component, amplify youth's voices and capitalize on the agency of youths as fruitful actors. I also reflect on the opportunities and benefits of decolonizing nursing research. (shrink)

Despite the fact that there is unmet demand for nurses in health services around the world, some nurses migrate to destination countries to work as domestic workers. According to the literature, these nurses experience contradictions in class mobility and are at increased risk of exploitation and abuse. This article presents a critical discussion of the migration of nurses as domestic workers using the concept of ‘global care chain’. Although several scholars have used the concept of global care chains to illustrate (...) south to north migration of domestic workers and nurses, there is a paucity of literature on the migration of nurses to destination countries as domestic workers. The migration of nurses to destination countries as domestic workers involves the extraction of reproductive and skilled care labor without adequate compensatory mechanisms to such skilled nurses. Using the case of the Canadian Live‐in Caregiver Program, the study illustrates how the global movement of internationally educated nurses as migrant domestic workers reinforces inequities that are structured along the power gradient of gender, class, race, nationality, and ethnicity, especially within an era of global nursing shortage. (shrink)

El objetivo propuesto en el siguiente trabajo es elucidar cómo desde la finitud de la existencia puede establecerse la problemática de la temporalidad dentro del entramado de pensamiento de Martin Heidegger. Para ello realizaremos un análisis de la conferencia de 1924 Der Begriff der Zeit, uno de los textos que allanan el camino a Sein und Zeit, en lugar de centrar la investigación en la considerada obra magna de Heidegger. Una reflexión acerca de este texto previo permitirá avanzar en el (...) análisis de la existencia al mostrar cómo el tiempo está arraigado en la existencia individual, no como un solipsismo, sino como apertura de posibilidades respecto del mundo (a la postre compartido con los otros). Una descripción fenomenológica de la muerte posibilitará la apertura al mundo, definiendo una temporalidad existencial que incluye no sólo al instante presente, sino también al pasado (concebido bajo la forma del «haber-sido») y al futuro. (shrink)

Suppose one hundred prisoners are in a yard under the supervision of a guard, and at some point, ninety-nine of them collectively kill the guard. If, after the fact, a prisoner is picked at random and tried, the probability of his guilt is 99%. But despite the high probability, the statistical chances, by themselves, seem insufficient to justify a conviction. The question is why. Two arguments are offered. The first, decision-theoretic argument shows that a conviction solely based on the statistics (...) in the prisoner scenario is unacceptable so long as the goal of expected utility maximization is combined with fairness constraints. The second, risk-based argument shows that a conviction solely based on the statistics in the prisoner scenario lets the risk of mistaken conviction surge potentially too high. The same, by contrast, cannot be said of convictions solely based on DNA evidence or eyewitness testimony. A noteworthy feature of the two arguments in the paper is that they are not confined to criminal trials and can in fact be extended to civil trials. (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...) forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

The literature on algorithmic fairness has examined exogenous sources of biases such as shortcomings in the data and structural injustices in society. It has also examined internal sources of bias as evidenced by a number of impossibility theorems showing that no algorithm can concurrently satisfy multiple criteria of fairness. This paper contributes to the literature stemming from the impossibility theorems by examining how informational richness affects the accuracy and fairness of predictive algorithms. With the aid of a computer simulation, we (...) show that informational richness is the engine that drives improvements in the performance of a predictive algorithm, in terms of both accuracy and fairness. The centrality of informational richness suggests that classification parity, a popular criterion of algorithmic fairness, should be given relatively little weight. But we caution that the centrality of informational richness should be taken with a grain of salt in light of practical limitations, in particular, the so-called bias-variance trade off. (shrink)

Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond.

Many philosophers have pointed out that statistical evidence, or at least some forms of it, lack desirable epistemic or non-epistemic properties, and that this should make us wary of litigations in which the case against the defendant rests in whole or in part on statistical evidence. Others have responded that such broad reservations about statistical evidence are overly restrictive since appellate courts have expressed nuanced views about statistical evidence. In an effort to clarify and reconcile, I put forward an interpretive (...) analysis of why statistical evidence should raise concerns in some cases but not others. I argue that when there is a mismatch between the specificity of the evidence and the expected specificity of the accusation, statistical evidence—as any other kind of evidence—should be considered insufficient to sustain a conviction. I rely on different stylized court cases to illustrate the explanatory power of this analysis. (shrink)

The goal of this article is to analyze the way in which Edith Stein describes the human subject throughout her research, including her phenomenological phaseand the period of her Christian philosophy. In order to do this, I trace essential moments in Husserl’s philosophy, showing both Stein’s reliance upon Husserl andher originality. Both thinkers believe that an analysis of the human being can be carried out by examining consciousness and its lived experiences. Through suchan examination Stein arrives at the same conclusion (...) as Husserl, namely, that the human subject is formed of body, psyche, and spirit (Geist). Stein’s originalityconsists in a further development of the complexity of the human being. She maps this out, providing detailed analyses of the I, the soul, the spirit, and, ultimately,the person. She makes use of medieval philosophical anthropology, including that of Thomas Aquinas and Augustine of Hippo. (shrink)

The goal of this article is to analyze the way in which Edith Stein describes the human subject throughout her research, including her phenomenological phaseand the period of her Christian philosophy. In order to do this, I trace essential moments in Husserl’s philosophy, showing both Stein’s reliance upon Husserl andher originality. Both thinkers believe that an analysis of the human being can be carried out by examining consciousness and its lived experiences. Through suchan examination Stein arrives at the same conclusion (...) as Husserl, namely, that the human subject is formed of body, psyche, and spirit (Geist). Stein’s originalityconsists in a further development of the complexity of the human being. She maps this out, providing detailed analyses of the I, the soul, the spirit, and, ultimately,the person. She makes use of medieval philosophical anthropology, including that of Thomas Aquinas and Augustine of Hippo. (shrink)

This chapter contains sections titled: Introduction Particularism vs. Universalism Modern vs. Traditional Philosophy and Language Conceptual Decolonization and the Question of Democracy and Consensus The Problem of Linguistic Inadequacy Whither African Philosophy?

This article argues that the key crisis that has overtaken today’s global economy is the classical capitalist crisis of over-accumulation. Reaganism and structural adjustment were efforts to overcome this crisis in the 1980s, with little success, followed by globalization in the 1990s. The Clinton administration embraced globalization as the “Grand Strategy” of the United States, its two key prongs being the accelerated integration of markets and production by transnational corporations and the creation of a multilateral system of global governance, the (...) pillars of which were the World Trade Organization, the International Monetary Fund and the World Bank. The goal of creating a functionally integrated global economy, however, stalled, and the multilateral system began to unravel,thanks among other things to the multiple crises created by the globalization of finance, which was the main trend of the period. In response partly to these crises, partly to increasing competition with traditionally subservient centre economies, and partly to political resistance in the South, Washington under the Bush administration has retreated from the globalist project, adopting a nationalist strategy consisting of disciplining the South through unilateralist military adventures, reverting to methods of primitive accumulation in exploiting the developing world, and making other centre economies bear the brunt of global adjustments necessitated by the crisis of over-accumulation. (shrink)

In recent years, animal welfare has become an important element of sustainable production that has evolved along with the transformation of animal production systems. Consumer attitudes towards farm animal welfare are changing around the world, especially at emerging markets of Asia, Africa and Latin America. Survey-based research on consumer attitudes towards farm animal welfare has increased. However, the geographical coverage of studies on consumer attitudes and perceptions about farm animal welfare has mostly been limited to Europe, and North America. Until (...) now, Latin American consumers’ attitudes towards animal welfare have not been well studied. Despite the fact that Mexico, Chile and Brazil belong to the same region, there are marked differences between these countries in terms of their economical and geographical characteristics among other factors. Those differences potentially have an impact on consumer attitudes towards animal welfare and livestock production systems in general. Given the evidence from the literature review, it seems advisable that Latin American producers and food industry who engage in animal welfare-enhancing practices should clearly label their products with information on the type of husbandry system to reach those consumers who want to make an informed choice. Therefore, there are some aspects that need to be studied and cannot be worked separately in order to promote and understand consumer attitudes towards dairy and beef systems, such as geography, economic development, and politics. (shrink)

This note discusses three issues that Allen and Pardo believe to be especially problematic for a probabilistic interpretation of standards of proof: (1) the subjectivity of probability assignments; (2) the conjunction paradox; and (3) the non-comparative nature of probabilistic standards. I offer a reading of probabilistic standards that avoids these criticisms.

According to the principle of epistemic closure, knowledge is closed under known implication. The principle is intuitive but it is problematic in some cases. Suppose you know you have hands and you know that ‘I have hands’ implies ‘I am not a brain-in-a-vat’. Does it follow that you know you are not a brain-in-a-vat? It seems not; it should not be so easy to refute skepticism. In this and similar cases, we are confronted with a puzzle: epistemic closure is an (...) intuitive principle, but at times, it does not seem that we know by implication. In response to this puzzle, the literature has been mostly polarized between those who are willing to do away with epistemic closure and those who think we cannot live without it. But there is a third way. Here I formulate a restricted version of the principle of epistemic closure. In the standard version, the principle can range over any proposition; in the restricted version, it can only range over those propositions that are within the limits of a given epistemic inquiry and that do not constitute the underlying assumptions of the inquiry. If we adopt the restricted version, I argue, we can preserve the advantages associated with closure, while at the same time avoiding the puzzle I’ve described. My discussion also yields an insight into the nature of knowledge. I argue that knowledge is best understood as a topic-restricted notion, and that such a conception is a natural one given our limited cognitive resources. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 41-65, October 2021.

Herein we make a plea to machine ethicists for the inclusion of constraints on their theories consistent with empirical data on human moral cognition. As philosophers, we clearly lack widely accepted solutions to issues regarding the existence of free will, the nature of persons and firm conditions on moral agency/patienthood; all of which are indispensable concepts to be deployed by any machine able to make moral judgments. No agreement seems forthcoming on these matters, and we don’t hold out hope for (...) machines that can both always do the right thing (on some general ethic) and produce explanations for its behavior that would be understandable to a human confederate. Our tentative solution involves understanding the folk concepts associated with our moral intuitions regarding these matters, and how they might be dependent upon the nature of human cognitive architecture. It is in this spirit that we begin to explore the complexities inherent in human moral judgment via computational theories of the human cognitive architecture, rather than under the extreme constraints imposed by rational-actor models assumed throughout much of the literature on philosophical ethics. After discussing the various advantages and challenges of taking this particular perspective on the development of artificial moral agents, we computationally explore a case study of human intuitions about the self and causal responsibility. We hypothesize that a significant portion of the variance in reported intuitions for this case might be explained by appeal to an interplay between the human ability to mindread and to the way that knowledge is organized conceptually in the cognitive system. In the present paper, we build on a pre-existing computational model of mindreading (Bello et al. 2007) by adding constraints related to psychological distance (Trope and Liberman 2010), a well-established psychological theory of conceptual organization. Our initial results suggest that studies of folk concepts involved in moral intuitions lead us to an enriched understanding of cognitive architecture and a more systematic method for interpreting the data generated by such studies. (shrink)

I comment on two analyses of the Simonshaven case: one by Prakken (2019), based on arguments, and the other by van Koppen and Mackor (2019), based on scenarios (or stories, narratives). I argue that both analyses lack a clear account of proof beyond a reasonable doubt because they lack a clear account of the notion of plausibility. To illustrate this point, I focus on the defense argument during the appeal trial and show that both analyses face difficulties in modeling key (...) features of this argument. (shrink)

Epistemic closure under known implication is the principle that knowledge of "p" and knowledge of "p implies q", together, imply knowledge of "q". This principle is intuitive, yet several putative counterexamples have been formulated against it. This paper addresses the question, why is epistemic closure both intuitive and prone to counterexamples? In particular, the paper examines whether probability theory can offer an answer to this question based on four strategies. The first probability-based strategy rests on the accumulation of risks. The (...) problem with this strategy is that risk accumulation cannot accommodate certain counterexamples to epistemic closure. The second strategy is based on the idea of evidential support, that is, a piece of evidence supports a proposition whenever it increases the probability of the proposition. This strategy makes progress and can accommodate certain putative counterexamples to closure. However, this strategy also gives rise to a number of counterintuitive results. Finally, there are two broadly probabilistic strategies, one based on the idea of resilient probability and the other on the idea of assumptions that are taken for granted. These strategies are promising but are prone to some of the shortcomings of the second strategy. All in all, I conclude that each strategy fails. Probability theory, then, is unlikely to offer the account we need. (shrink)

We study ultraproducts of finite residue rings \ where \ is a non-principal ultrafilter. We find sufficient conditions of the ultrafilter \ to determine if the resulting ultraproduct \ has simple, NIP, \ but not simple nor NIP, or \ theory, noting that all these four cases occur.

In the study of the soul between psychology and phenomenology in Edith Stein works it becomes clearer that it is only phenomenology that really comes to gripswith the question of psychic causality by correlating the two moments and it is therefore only phenomenology that can respond to Hume’s objections while yetremaining on his selfsame terrain. It is very important to distinguish between psychology and phenomenology and also to clarify the relationship between psyche and consciousness; there is thus reproposed the distinction (...) already made by Husserl, who stressed that when one sets out to look for the causes that determine psychic life, they must not be sought in life feelings (Lebensgefühle) but rather in the „modes” of a life force (Lebenskraft) that is announced in them. All this is indicated here within limits because psychology in itself is undoubtedly not a science of the spirit, though the psychic states, on the other hand, will not be validly understood unless and until one arrives, as is demonstrated in the essay under consideration, at the motivation and therefore the spiritual sphere. We would say that our body is animated by a psyche and further enlivened by the spirit. (shrink)

People often reason about omissions. One line of research shows that people can distinguish between the semantics of omissive causes and omissive enabling conditions: for instance, not flunking out of college enabled you (but didn’t cause you) to graduate. Another line of work shows that people rely on the normative status of omissive events in inferring their causal role: if the outcome came about because the omission violated some norm, reasoners are more likely to select that omission as a cause. (...) We designed a novel paradigm that tests how norms interact with the semantics of omissive enabling conditions. The paradigm concerns the circuitry of a mechanical device that plays music. Two experiments used the paradigm to stipulate norms and present a distinct set of possibilities to participants. Participants chose which causal verb best described the operations of the machine. The studies revealed that participants’ responses are best predicted by their tendency to consider the semantics of omissive relations. In contrast, norms had little to no effect in participants’ responses. We conclude by marshaling the evidence and considering what role norms may play in people’s understanding of omissions. (shrink)

The Commentary of al-Nayrizi on Euclid’s Elements occupies an important place in the history of mathematics and of philosophy. The present work presents an annotated English translation of Books II-IV and of a hitherto lost portion of Book I.