The vast majority of Biblical historians believe there is evidence sufficient to place Jesus’ existence beyond reasonable doubt. Many believe the New Testamentdocuments alone suffice firmly to establish Jesus as an actual, historical figure. I question these views. In particular, I argue (i) that the three most popular criteria by which various non-miraculous New Testament claims made about Jesus are supposedly corroborated are not sufficient, either singly or jointly, to place his existence beyond reasonable doubt, and (ii) that a (...) prima facie plausible principle concerning how evidence should be assessed—a principle I call the contamination principle—entails that, given the large proportion of uncorroborated miracle claims made about Jesus in the New Testament documents, we should, in the absence of good independent evidence for an historical Jesus, remain sceptical about his existence. (shrink)

We all know that we have and are our bodies. But might it be possible to leave this common place? In the present article we try to do this by attending to the way we do our bodies. The site where we look for such action is that of handling the hypoglycaemias that sometimes happen to people with diabetes. In this site it appears that the body, active in measuring, feeling and countering hypoglycaemias is not a bounded whole: its boundaries (...) leak. Bits and pieces of the outside get incorporated within the active body; while the centre of some bodily activities is beyond the skin. The body thus enacted is not self-evidently coherent either. There are tensions between the body’s organs; between the control under which we put our bodies and the erratic character of their behaviour; and between the various needs and desires single bodies somehow try to combine. Thus to say that a body is a whole, or so we conclude, skips over a lot of work. One does not hang together as a matter of course: keeping oneself together is something the embodied person needs to do. The person who fails to do so dies. (shrink)

In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...) is evidence to Mengzi that, of the six views, Gaozi holds three although he does not convey them in his statement. As for Meng Jiz’s defense of his statement, Meng Jizi cites a special occasion where one is required to act one way even though one would feel a different way. Mengzi’s response has been traditionally interpreted as boiling down to a dissenting opinion about empirical psychology, that the agent on that special occasion would in fact feel the same way as they ought to act. But on a more charitable reading, the point Mengzi makes is conceptual: Though the satisfaction of yì may not require that the feeling and the act align perfectly in this case, cases where the alignment obtains are conceptually prior. This not only refutes Meng Jizi’s statement but also enables a more elegant explanation of why the Mengzi rightly has no record of Mengzi affirming that yì is internal. I conclude that 6A5 itself uniquely favors one interpretation, as far as Meng Jizi’s position is concerned: How one feels is irrelevant to whether one satisfies yì. (shrink)

Despite the long history of beliefs about the therapeutic properties of work for people with mental ill health, rarely has therapeutic work itself been a focus for historical analysis. In this article, the development of a therapeutic work ethic (1813—1979) is presented, drawing particular attention to the changing character and quality of beliefs about therapeutic work throughout time. From hospital factories to radical ‘antipsychiatric’ communities, the article reveals the myriad forms of activities that have variously been considered fit work for (...) people with mental health problems. While popular stereotypes of basket-weaving paint a hapless portrait of institutional work, a more nuanced reading of therapeutic work and its political and philosophical commitments is advanced. The article concludes by arguing that the non-linear and inherently contested development of therapeutic work is less the effect of paradigmatic shifts within the therapeutic professions, but rather evidence of a broader human struggle with work. (shrink)

Here's an overview of one of the more ingenious attempts to criticize religious belief. Antony Flew argues that if the religious won't allow anything to count as evidence against what they believe, then they don't actually believe anything. The religious aren't making false claims; rather, they're not making any claims at all.

This chapter contains sections titled: The Logical Problem of Evil The Evidential Problem of Evil The Evil God Hypothesis and the Problem of Good Reverse Theodicies Notes.

This paper asks whether geographically localised, or ‘hyperlocal’, uses of Twitter succeed in creating peer-to-peer neighbourhood networks or simply act as broadcast media at a reduced scale. Literature drawn from the smart cities discourse and from a UK research project into hyperlocal media, respectively, take on these two opposing interpretations. Evidence gathered in the case study presented here is consistent with the latter, and on this basis we criticise the notion that hyperlocal social media can be seen as a (...) community in itself. We demonstrate this by creating a network map of Twitter followers of a popular hyperlocal blog in Brockley, southeast London. We describe various attributes of this network including its average degree and clustering coefficient to suggest that a small and highly connected cluster of visible local entities such as businesses form a clique at the centre of this network, with individual residents following these but not one another. We then plot the locations of these entities and demonstrate that sub-communities in the network are formed due to close geographical proximity between smaller sets of businesses. These observations are illustrated with qualitative evidence from interviews with users who suggest instead that rather than being connected to one another they benefit from what has been described as ‘neighbourhood storytelling’. Despite the limitations of working with Twitter data, we propose that this multi-modal approach offers a valuable way to investigate the experience of using social media as a communication tool in urban neighbourhoods. (shrink)

This paper analyses the Verlagsanzeige of the humanist, mathematician, astronomer and publisher Johannes Regiomontanus. How is humanism expressed in this famous document from German early printing and what is its relationship to philosophy? The article shows that Regiomontanus advocated a special form of humanism that went beyond the standard humanism that he valued, with ‘truth’ as its most important aspect. From the epistemological perspective of the history of philosophy in Regiomontanus’s publishing programme, the ‘truth’ of mathematics is seen, analogous to (...) some predecessors, as a paradigm of programmatic testimony. The integration of philosophy is evident in this, as in another specified way as well. (shrink)

This volume presents cutting edge research by many of the leading researchers in the field of religious epistemology, a field that has seen major development in recent years. This book attempts to answer the questions of: how reasonable is belief in God? Can a good evidential case be made either for the existence of God, or against the existence of God? Does the existence of enormous suffering, or religious disagreement, provide significant evidence against the existence of God? How might (...) we best come to know God? What's required for religious belief to qualify as rational? All of the papers included in this volume aim to be accessible to the interested layperson. (shrink)

In Beck, focus intervention is used as an argument for reducing Hamblin’s semantics for questions to Rooth’s focus semantics. Drawing on novel empirical evidence from Mandarin and English, we argue that this reduction is unwarranted. Maintaining both Hamblin’s original semantics and Rooth’s focus semantics not only allows for a more adequate account for focus intervention in questions, but also correctly predicts that focus intervention is a very general phenomenon caused by interaction of alternatives in different dimensions.

Evidence suggests that the incidence of research misconduct is not in decline despite efforts to improve awareness, education and governance mechanisms. Two responses to this problem are favoured: first, the promotion of an agent-centred ethics approach to enhance researchers’ personal responsibility and accountability, and second, a change in research culture to relieve perceived pressures to engage in misconduct. This article discusses the challenges for both responses and explains how normative coherence through values alignment might assist. We argue that research (...) integrity and research ethics convey mixed messages, which are likely to contribute to a form of normative confusion. For the successful adoption of an agent-centred approach, normative coherence is needed between the two. To facilitate normative coherence, we propose that research ethics and research integrity be underpinned by a shared set of moral values that can be enacted via codes and guidelines and imbue research environments. Furthermore, to facilitate culture change, the same normative coherence is necessary at all levels of an institution. Only via values alignment between institutional aims, management, institutional practices and researchers can an ethical culture become truly embedded in research institutions. (shrink)

Informal science learning sites create opportunities for children to learn about science outside of the classroom. This study analyzed children’s learning behaviors in ISLS using video recordings of family visits to a zoo, children’s museum, or aquarium. Furthermore, parent behaviors, features of the exhibits and the presence of an educator were also examined in relation to children’s behaviors. Participants included 63 children and 44 parents in 31 family groups. Results showed that parents’ science questions and explanations were positively related to (...) children observing the exhibit. Parents’ science explanations were also negatively related to children’s science explanations. Furthermore, children were more likely to provide science explanations when the exhibit was not interactive. Lastly there were no differences in children’s behaviors based on whether an educator was present at the exhibit. This study provides further evidence that children’s interactions with others and their environment are important for children’s learning behaviors. (shrink)

In «Naturalized Epistemology and the Law of Evidence Revisited», the original target article for the various refutations that I comment on here, I revisited through a slightly different lens the subject of the article that I coauthored with Brian Leiter close to twenty years ago. That article has prompted four responses from Professors Pardo, Spellman, Muffato, and Enoch. Professors Pardo and Spellman basically accept the implications of the original article and offer useful but friendly amendments. Prof. Muffato apparently does (...) not want to dispute over my ground and so changes the subject, and in doing so offers a number of interesting points. Only the fourth, Prof. Enoch, has the same doubts about the utility of my original article as I do of the genre that gave rise to it. I can thus be quite brief in discussing professors Pardo, Spellman, and Muffato, but it will take bit more effort to lay out the limits of Prof. Enoch’s analysis. (shrink)

We revisit Naturalized Epistemology and the Law of Evidence, published twenty years ago. The evolution of the relative plausibility theory of juridical proof is offered as evidence of the advantage of a naturalized approach to the study of the field and law evidence. Various alternative explanations of aspects of juridical proof from other disciplines are examined and their shortcomings described. These competing explanations are similar in their reductive, a priori approaches that are at odds with an empirically (...) oriented naturalized approach. The shortcomings of the various a priori approaches are driven by their common methodological commitments to employing weird hypotheticals to engage in intuition mining about the American legal systems that in turn ignore important aspects of the actual legal systems and consistently make impossible epistemological demands. As a result, both their descriptions of and prescriptions for American legal systems are implausible, unlike the relative plausibility theory. (shrink)

In recent years, foreign language learning has been proposed as a possible cognitive intervention for older adults. However, the brain network and cognitive functions underlying FLL has remained largely unconfirmed in older adults. In particular, older and younger adults have markedly different cognitive profile—while older adults tend to exhibit decline in most cognitive domains, their semantic memory usually remains intact. As such, older adults may engage the semantic functions to a larger extent than the other cognitive functions traditionally considered the (...) most important. Using anatomical measurements and a cognitive test battery, the present study examined this hypothesis in twenty cognitively normal older adults, who participated in a two-month Italian learning programme. Results showed that the immediate learning success and long-term retention of Italian vocabularies were most consistently predicted by the anatomical measures of the left pars orbitalis and left caudal middle frontal cortex, which are implicated in semantic and episodic memory functions. Convergent evidence was also found based on the pattern of cognitive associations. Our results are consistent with a prominent role of semantic and episodic memory functions in vocabulary learning in older learners. (shrink)

This paper discusses Ronald Allen’s article, Naturalized Epistemology and the Law of Evidence Revisited, and reflects on how epistemology can contribute to our understanding of the evidentiary proof process. I first situate Allen’s critique of recent philosophical scholarship, distinguishing between general theoretical accounts of proof (including the theory that Allen and I have defended), on one hand, and the applications of specific epistemological concepts or issues to law, on the other. I then present a methodological picture that diverges in (...) some respects from the one that emerges from Allen’s critique. In discussing this alternative methodological picture, I explain how epistemology can contribute to legal evidence and proof while avoiding the problems that Allen identifies. (shrink)

L. Jonathan Cohen has written a number of important books and articles in which he argues that mathematical probability provides a poor model of much of what paradigmatically passes for sound reasoning, whether this be in the sciences, in common discourse, or in the law. In his book, The Probable and the Provable, Cohen elaborates six paradoxes faced by advocates of mathematical probability (PM) when treating issues of evidence as they would arise in a court of law. He argues (...) that his system of inductive probability (PI) satisfactorily handles the issues that proved paradoxical for mathematical probability, and consequently PI deserves to be thought of as an important standard of rational thinking. I argue that a careful look at each of the alleged paradoxes shows that there is no conflict between mathematical probability and the law, except when for reasons of policy we opt for values in addition to accuracy maximization. Recognizing the role of such policies provides no basis for questioning the adequacy of PM. The significance of this critical treatment of Cohen's work is that those interested in revising the laws of evidence to allow for more explicitly mathematical approaches ought to feel that such revisions will not violate the spirit of forensic rationality. (shrink)

ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that (...) sensitivity does not have much of an effect on the value of legal evidence and that it fails to explain legal doctrine. By contrast, safety affects the quality of legal evidence, and safety better explains central features of the law of evidence, including probative value, admissibility rules, and standards of proof. (shrink)

This is the first book to systematically examine the underlying theory of evidence in Anglo-American legal systems. Stein develops a detailed and innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy, he argues instead that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty.

Dieter Henrich ‘s “Notion of a Deduction” (1989), opened up approaches to both Deductions in terms of legal as opposed to syllogistic reasoning. Since the CpR is shot through with juridical metaphors and analogies, many points of connection suggest themselves. In this paper, I extend and modify Henrich’s approach, in order to extract a particular logic of evidence. I argue that the three syntheses of the A-Deduction correspond to parts of a deductive procedure, and that their names have been (...) chosen to indicate this connection to the reader. Nonetheless, the principal aim of the paper is not to develop and defend these historiographical claims, but to explicate the structure of the logic of evidence in question and link it to Kant’s intended refutation of Hume. Since the procedures Kant describes are part of the law of evidence of many nations and are equally well at work in contemporary information-theory, a precise reconstruction can map directly onto contemporary problems in philosophy, physics, and informatics, without any loss of historical accuracy. (shrink)

The purpose of this paper is to improve on the logical and measure-theoretic foundations for the notion of probability in the law of evidence, which were given in my contributions Åqvist [ (1990) Logical analysis of epistemic modality: an explication of the Bolding–Ekelöf degrees of evidential strength. In: Klami HT (ed) Rätt och Sanning (Law and Truth. A symposium on legal proof-theory in Uppsala May 1989). Iustus Förlag, Uppsala, pp 43–54; (1992) Towards a logical theory of legal evidence: (...) semantic analysis of the Bolding–Ekelöf degrees of evidential strength. In: Martino AA (ed) Expert systems in law. Elsevier Science Publishers BV, Amsterdam, North-Holland, pp 67–86]. The present approach agrees with the one adopted in those contributions in taking its main task to be that of providing a semantic analysis, or explication, of the so called Bolding–Ekelöf degrees of evidential strength (“proof-strength”) as applied to the establishment of matters of fact in law-courts. However, it differs from the one advocated in our earlier work on the subject in explicitly appealing to what is known as “Pro-et-Contra Argumentation”, after the famous Norwegian philosopher Arne Naess. It tries to bring out the logical form of that interesting kind of reasoning, at least in the context of the law of evidence. The formal techniques used here will be seen to be largely inspired by the important work done by Patrick Suppes, notably Suppes [(1957) Introduction to logic. van Nostrand, Princeton and (1972) Finite equal-interval measurement structures. Theoria 38:45–63]. (shrink)

This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.

The paper presents an infinite hierarchy PR m [ m = 1, 2, . . . ] of sound and complete axiomatic systems for modal logic with graded probabilistic modalities , which are to reflect what I have elsewhere called the Bolding-Ekelöf degrees of evidential strength as applied to the establishment of matters of fact in law-courts. Our present approach is seen to differ from earlier work by the author in that it treats the logic of these graded modalities not (...) only from a semantical or model-theoretic viewpoint but from a prooftheoretical and axiomatic stance as well. A paramount feature of the approach is its use of so-called systematic frame constants as labels of diverse grades of probability. Apart from this novel feature our approach can be seen to go back to pioneering work by Lou Goble in 1970. (shrink)

This essay’s principal objective is to examine how, when confronted with a case of possible criminal poisoning, early nineteenth-century English toxicologists sought to generate and to represent their evidence in the courtroom. Its contention is that in both these activities toxicologists were inextricably engaged in a complex communicative exercise. On the one hand, they distanced themselves from the instabilities of language, styling themselves as testifiers to fact alone. But at the same time, they saw themselves as deeply implicated in (...) the difficulties of forging a coherent signifying system out of a disparate collection of signs that in themselves bore no intrinsic meaning. The analysis has three main components: first, to suggest why criminal poisoning featured so prominently in the burgeoning legal literature on evidence which provided the framework for expert testimony in English courts; next, to show that the scientific evidence offered by toxicologists in poisoning cases can be usefully understood as a form of language; and finally, to suggest that this recourse to signs informed the toxicologist’s encounter with another type of courtroom expert—the legal advocate—who was equally interested in manipulating signs in order to construct legally sanctioned proof.Author Keywords: Evidence; Expertise; Poisoning; Testimony; Toxicology. (shrink)

"Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, (...) and inference to the best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law"-- from publisher's website. (shrink)

A noticeable shift in focus has occurred in public discourse from What is our best course of action? to What are the true facts of the situation? At the center of these debates are questions on the proper use of evidence, Legal scholar Schauer offers clarity based on how legal systems grapple with these questions-and by drawing insights from psychology, philosophy, economics, history, and decision theory.

The central question of my paper is whether there is a coherent logical theory in which truth is construed in epistemic terms and in which also some version of the law of excluded middle is defended. Brentano in his later writings has such a theory.2 My first question is whether his theory is consistent. I also make a comparison between Brentano’s view and that of an intuitionist at the present day, namely Per Martin-Löf. Such a comparison might provide some insight (...) into what is essential to a theory that understands truth in epistemic terms. (shrink)

We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through the (...) analysis of a case study in the English law of evidence. We argue that a clear distinction must be drawn between practical argumentation and stories. Because of the institutional separation between legal judgment and fact-finding in common-law jury trials, we argue for the combination of argument and story-based analysis. (shrink)

This paper will critically examine the use of evidence in creating policy in the area of reproductive technologies. The use of evidence in health care and policy is not a new phenomenon. However, codified strategies for evidence appraisal in health care technology assessments and attempts to create evidence based policy initiatives suggest that the way evidence is used in practice and policy has changed. This paper will examine this trend by considering what is counted as (...) ‘good’ evidence, difficulties in translating evidence into policy and practice and how evidence interacts with principles. To illustrate these points the removal of gamete donor anonymity in the UK in 2005 and the debates that preceded this change in the law will be examined. It will be argued that evidence will only ever take us so far and attention should also be paid to the underlying principles that guide policy. The paper will conclude with suggestions for how underlying principles can be more rigorously used in policy formation. (shrink)

This Article takes an experimental approach to test whether the salience of the law as a system that governs an interaction affects people’s preferences. I find that when the law is made salient in an interaction people’s preferences are altered: they express more future-oriented preferences and donate less money to charity, as compared to when the law is not salient in an otherwise identical interaction. When the law is salient in an interaction people also prefer ‘products’ over experiences, but this (...) gap is only marginally significant. The findings suggest that the framing of an interaction as legal tends to evoke cultural scripts and implicit rules of behavior (“common knowledge”) that incorporate the shared assumptions in society about the law. In response, participants interpret the interaction as more rational and instrumental and express preferences accordingly. (shrink)

The Rationalist Tradition of evidence scholarship1 The history of the law of evidence is the history of a series of largely isolated responses to particular ...

Hume defined ‘cause’ three times over. The two principal definitions (constant conjunction, felt determination) provide the anchors for the two main strands of the modem empiricist accounts of laws of nature 1 while the third (the counter factual definition 2) may be seen as the inspiration of the nonHumean necessitarian analyses. Corresponding to the felt determination definition is the account of laws that emphasizes human attitudes, beliefs, and actions. Latter day weavers of this strand include Nelson Goodman, A. J. Ayer, (...) and Nicholas Rescher. In Fact, Fiction and Forecast Goodman writes: “I want to emphasize the Humean idea that rather than a sentence being used for prediction because it is a law, it is called a law because it is used for prediction” (1955, p. 62). In “What is a law of nature?”, Ayer explains that the difference between ‘generalizations of fact’ and ‘generalizations of law’ “lies not so much on the side of facts which make them true, as in the attitude of those who put them forward” (1956, p. 162). And in a similar vein, Rescher maintains that lawfulness is “mind-dependent”; it is not something which is discovered but which is supplied: “Lawfulness is not found in or extracted from the evidence but superadded to it. Lawfulness is a matter of imputation” (1970, p. 107). By contrast, the constant conjunction definition promotes the view that laws are to be analyzed in terms of the de re characteristics of regularities, independently of the attitudes and actions of actual or potential knowers. (shrink)

The epistemological analysis offered in this paper reveals that a combination of pieces of evidence, none of them sufficient by itself to warrant a causal conclusion to the legally required degree of proof, may do so jointly. The legal analysis offered here, interlocking with this, reveals that Daubert’s requirement that courts screen each item of scientific expert testimony for reliability can actually impede the process of arriving at the conclusion most warranted by the evidence proffered.

The first complete English translation of a groundbreaking work. An ambitious account of the relation of mathematics to logic. Includes a foreword by Crispin Wright, translators' Introduction, and an appendix on Frege's logic by Roy T. Cook. The German philosopher and mathematician Gottlob Frege (1848-1925) was the father of analytic philosophy and to all intents and purposes the inventor of modern logic. Basic Laws of Arithmetic, originally published in German in two volumes (1893, 1903), is Freges magnum opus. It was (...) to be the pinnacle of Freges lifes work. It represents the final stage of his logicist project the idea that arithmetic and analysis are reducible to logic and contains his mature philosophy of mathematics and logic. The aim of Basic Laws of Arithmetic is to demonstrate the logical nature of mathematical theorems by providing gapless proofs in Frege's formal system using only basic laws of logic, logical inference, and explicit definitions. The work contains a philosophical foreword, an introduction to Frege's logic, a derivation of arithmetic from this logic, a critique of contemporary approaches to the real numbers, and the beginnings of a logicist treatment of real analysis. As is well-known, a letter received from Bertrand Russell shortly before the publication of the second volume made Frege realise that his basic law V, governing the identity of value-ranges, leads into inconsistency. Frege discusses a revision to basic law V written in response to Russells letter in an afterword to volume II. The continuing importance of Basic Laws of Arithmetic lies not only in its bearing on issues in the foundations of mathematics and logic but in its model of philosophical inquiry. Frege's ability to locate the essential questions, his integration of logical and philosophical analysis, and his rigorous approach to criticism and argument in general are vividly in evidence in this, his most ambitious work. Philip Ebert and Marcus Rossberg present the first full English translation of both volumes of Freges major work preserving the original formalism and pagination. The edition contains a foreword by Crispin Wright and an extensive appendix providing an introduction to Frege's formal system by Roy T. Cook. Readership: Scholars and advanced students in philosophy of logic, philosophy of mathematics, and early analytic philosophy. (shrink)

“Absence of evidence isn’t evidence of absence” is a slogan that is popular among scientists and nonscientists alike. This article assesses its truth by using a probabilistic tool, the Law of Likelihood. Qualitative questions (“Is E evidence about H ?”) and quantitative questions (“How much evidence does E provide about H ?”) are both considered. The article discusses the example of fossil intermediates. If finding a fossil that is phenotypically intermediate between two extant species provides (...) class='Hi'>evidence that those species have a common ancestor, does failing to find such a fossil constitute evidence that there was no common ancestor? Or should the failure merely be chalked up to the imperfection of the fossil record? The transitivity of the evidence relation in simple causal chains provides a broader context, which leads to discussion of the fine-tuning argument, the anthropic principle, and observation selection effects. (shrink)

Alfred Cuzán proposed five “laws of politics” that allegedly govern elections in democracies. Drawing from insights in the general philosophy of science and the philosophy of the social sciences, I argue that—although his empirical evidence is impressive—he failed to develop a convincing argument for calling the five theses “laws.” This article discusses other examples that often are claimed to be “laws of politics” and describes the global picture supporting this analysis.

Judges were never bound by law to convict a defendant unless they considered him guilty. Yet, they could be prohibited by law from convicting a person they consider guilty due to the absence of legally prescribed or the presence of legally prohibited evidence.Evaluation of Evidence addresses the question: should the law restrict the freedom of judges in assessing the probative value of evidence in the criminal process? Tracing the treatment of evidence from pre-modern to modern times, (...) Mirjan Damaška argues that there has always been some understanding about rules regarding the use and treatment of evidence, and these rules should not be looked askance as a departure from ideal arrangements. In a time when science and technology have the ability to contribute to factual inquiry, there needs to be acceptance of rules that expand or corroborate evidence produced by our native sensory apparatus. (shrink)