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

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

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

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

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

The goal of perceptual systems is to allow organisms to adaptively respond to ecologically relevant stimuli. Because all perceptual inputs are ambiguous, perception needs to rely on prior knowledge accumulated over evolutionary and developmental time to turn sensory energy into information useful for guiding behavior. It remains controversial whether the guidance of perception extends to cognitive states or is locked up in a “cognitively impenetrable” part of perception. I argue that expectations, knowledge, and task demands can shape perception at multiple (...) levels, leaving no part untouched. The position advocated here is broadly consistent with the notion that perceptual systems strive to minimize prediction error en route to globally optimal solutions :181–204, 2013). On this view, penetrability should be expected whenever constraining lower-level processes by higher level knowledge is minimizes global prediction error. Just as Fodor feared cognitive penetration of perception threatens theory-neutral observation and the distinction between observation and inference. However, because theories themselves are constrained by the task of minimizing prediction error, theory-laden observation turns out to be superior to theory-free observation in turning sensory energy into useful information. (shrink)

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

This article examines the relevance and value of Confucian Ethics to contemporary Business Ethics by comparing their respective perspectives and approaches towards business activities within the modern capitalist framework, the principle of reciprocity and the concept of human virtues. Confucian Ethics provides interesting parallels with contemporary Western-oriented Business Ethics. At the same, it diverges from contemporary Business Ethics in some significant ways. Upon an examination of philosophical texts as well as empirical studies, it is argued that Confucian Ethics is able (...) to provide some unique philosophical and intellectual perspectives in order to forge a richer understanding and analysis of the field of contemporary Business Ethics. (shrink)

This article examines the relevance and value of Confucian Ethics to contemporary Business Ethics by comparing their respective perspectives and approaches towards business activities within the modern capitalist framework, the principle of reciprocity and the concept of human virtues. Confucian Ethics provides interesting parallels with contemporary Western-oriented Business Ethics. At the same, it diverges from contemporary Business Ethics in some significant ways. Upon an examination of philosophical texts as well as empirical studies, it is argued that Confucian Ethics is able (...) to provide some unique philosophical and intellectual perspectives in order to forge a richer understanding and analysis of the field of contemporary Business Ethics. (shrink)

This essay contains an attempt to trace the evolution of the concept of wisdom as found in the thought of Aristotle and Aquinas in terms of how the philosophical concept of wisdom as an intellectual virtue is understood and used to express the theological concept of wisdom as a gift of the Holy Spirit. The main aim is to understand how Aquinas derived the concept of wisdom from Aristotle's metaphysics and developed it in his mysticism. This research is based on (...) a close study of Book Six of Aristotle's Nichomachean Ethics, the corresponding sections of Aquinas' Sententia libri Ethicorum and question forty-five of the second part of the second part of Aquinas' Summa Theologiae. The insights gained from the study are then used to decipher the theoretical meaning of Augustine's famous saying: "love and do what thou wilt" and to expound on the practical value of wisdom for religious leaders. (shrink)

The burgeoning literature on global value chains has recast our understanding of how industrial clusters are shaped by their ties to the international economy, but within this context, the role played by corporate social responsibility continues to evolve. New research in the past decade allows us to better understand how CSR is linked to industrial clusters and GVCs. With geographic production and trade patterns in many industries becoming concentrated in the global South, lead firms in GVCs have been under growing (...) pressure to link economic and social upgrading in more integrated forms of CSR. This is leading to a confluence of “private governance”, “social governance”, and “public governance”. This new form of “synergistic governance” is illustrated with evidence from recent studies of GVCs and industrial clusters, as well as advances in theorizing about new patterns of governance in GVCs and clusters. (shrink)

In this paper I discuss two kinds of attempts to qualify incompatibilist and compatibilist conceptions of freedom to avoid what have been thought to be incredible commitments of these rival accounts. One attempt -- which I call soft libertarianism -- is represented by Robert Kane''s work. It hopes to defend an incompatibilist conception of freedom without the apparently difficult metaphysical costs traditionally incurred by these views. On the other hand, in response to what I call the robot objection (that if (...) compatibilism is true, human beings could be the products of design), some compatibilists are tempted to soften their position by placing restrictions on the origins of agency. I argue that both of these attempts are misguided. Hard libertarianism and hard compatibilism are the only theoretical options. (shrink)

In contemporary debates in religious epistemology, theistic philosophers provide differing responses to the evidentialist argument against religious beliefs. Plantinga’s strategy is to argue that evidence is not needed to justify religious beliefs while Swinburne’s strategy is to argue that religious beliefs can be justified by evidence. However, in Aquinas’ account of religious epistemology, he seems to employ both strategies. In his account of religious knowledge by faith, he argues that evidence is unnecessary for religious beliefs. But in his account of (...) religious knowledge by science, he argues that there is evidence for religious beliefs. In this paper, I argue that there is no real dichotomy between Plantinga’s and Swinburne’s responses to the evidentialist argument. From a Thomistic perspective, Reformed Epistemology and Natural Theology are different but compatible responses to Evidentialism. (shrink)

Gary Comstock considers whether it is ethically justified to pursue genetically modified (GM) crops and foods. He first considers intrinsic objections to GM crops that allege that the process of making GMOs is objectionable in itself. He argues that there is no justifiable basis for the objections — i.e. GM crops are not intrinsically ethically problematic. He then considers extrinsic objections to GM crops, including objections based on the precautionary principle, which focus on the potential harms that may result (...) from the adoption of GM organisms. He argues that these concerns have some merit. However, they do not justify giving up GM crops altogether. Instead, they require that GM crops be developed carefully and with appropriate oversight. Comstock then presents the positive case for GM crops that he endorses. It is based on three considerations: (i) the right of people to choose to adopt GM technology; (ii) the balance of likely benefits over harms to consumers and the environment from GM technology; and (iii) the wisdom of encouraging discovery, innovation, and careful regulation of GM technology. (shrink)

In this paper I discuss two kinds of attempts to qualify incompatibilist and compatibilist conceptions of freedom to avoid what have been thought to be incredible commitments of these rival accounts. One attempt -- which I call soft libertarianism -- is represented by Robert Kane's work. It hopes to defend an incompatibilist conception of freedom without the apparently difficult metaphysical costs traditionally incurred by these views. On the other hand, in response to what I call the robot objection (that if (...) compatibilism is true, human beings could be the products of design), some compatibilists are tempted to soften their position by placing restrictions on the origins of agency. I argue that both of these attempts are misguided. Hard libertarianism and hard compatibilism are the only theoretical options. (shrink)

This is the first detailed assessment of the life and work of Felix Guattari--"Mr. Anti" as the French press labelled him--the friend of and collaborator with..

In order to entertain the argument to be presented here, you have to begin by casting away a presupposition. The ultimate aim will be to restore it again as a presupposition, but the immediate aim will be to test for and make clear its undoubted worth and usefulness by imagining what happens to our knowledge-system when we remove it.

In this paper I address the phenomenon of syncretism with respect to Chinese religions. An analysis of the syncretism that takes place between the three major Chinese religious traditions is first done in its personal and social dimensions. The social structure of Chinese religion is then used as a framework to understand how Buddhism and Daoism were made compatible with Confucianism. All this will serve as a background for the case study of Macau, where Chinese religious syncretism is very much (...) alive. Three popular religious festivals are celebrated annually and simultaneously on the eighth day of the fourth lunar month, namely, zuilongjie (醉龍節) Feast of the Drunken Dragon, tangongdan (譚公誕) Tam Kung Festival and fodanjie (佛誕節) Feast of the Buddha. (shrink)

This paper addresses the criticism recently directed at Internet companies who have chosen to do business in China. Currently, in order to conduct business in China, companies must agree to the Chinese government’s rule of self-censoring any information the government deems inappropriate. We start by explaining how some of these companies have violated the human rights of Chinese citizens to freely trade information. We then analyze whether the justifications and excuses offered by these companies are sufficient to absolve them of (...) moral responsibility. We argue that both justifications and excuses offered are insufficient. Wilfully abiding by unjust laws, albeit necessary to do business in China, should not trump moral actions that protect rights. (shrink)

This paper addresses the criticism recently directed at Internet companies who have chosen to do business in China. Currently, in order to conduct business in China, companies must agree to the Chinese government's rule of self-censoring any information the government deems inappropriate. We start by explaining how some of these companies have violated the human rights of Chinese citizens to freely trade information. We then analyze whether the justifications and excuses offered by these companies are sufficient to absolve them of (...) moral responsibility. We argue that both justifications and excuses offered are insufficient. Wilfully abiding by unjust laws, albeit necessary to do business in China, should not trump moral actions that protect rights. (shrink)

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

Confucian education is best captured by the programme described in the Great Learning. Education is presented first as the process of self-cultivation for the sake of developing virtuous character. Self-cultivation then allows for virtue to be cultivated in the familial, social and international dimensions. My central thesis is that Confucianism can serve as a universal framework of educating people for the common good in its promotion of personal cultivation for the sake of human progress. On this account the common good (...) specifically refers to the social order accomplished by the virtuous behaviour found in the members of society. In this paper I argue that the Confucian notion of “lesser learning” sheds light on the concept of general education and the notion of “greater learning” improves our understanding of liberal education. Under this analysis the necessity of general education is assured although its importance should not be overly exaggerated. Furthermore, the objectives of liberal education deserve greater emphasis due to their historical importance and enduring relevance to promoting the common good of universal humanity. (shrink)

My reply to Macpherson begins by addressing whether it is effects of cognition on early vision or perceptual performance that I am interested in. I proceed to address Macpherson’s comments on evidence from cross-modal effects, interpretations of linguistic effects on image detection, evidence from illusions, and the usefulness of predictive coding for understanding cognitive penetration. By stressing the interactive and distributed nature of neural processing, I am committing to a collapse between perception and cognition. Following such a collapse, the very (...) question of whether cognition affects perception becomes ill-posed, but this may be for the best. (shrink)

This paper examines narrative approaches to care within the context of dementia. It reviews the function of stories and explores some of the narrative genres that shape the cultural perceptions of dementia. We argue that narrative intelligence within healthcare is an important element in nurturing communal self‐identity for people living with dementia. Listening and responding to stories and the cultural framework that this encompasses is an embodied action that is not just related to cognitive recall but situates us within a (...) cultural community. People with dementia may have challenges in maintaining narrative legitimacy in the face of fractured stories and incoherent narratives. Health professionals can offer support in reframing and presenting counterstories that maintain identities that can potentially be marginalised, silenced and open to narrative foreclosure. This process requires health professionals to be attentive and responsive to how patients with dementia and their supporters construct and position the stories they tell and the meaning(s) they attach to them. (shrink)

I respond to Ned Block’s claim that it is ridiculous to suppose that consciousness is a cultural construction based on language and learned in childhood. Block is wrong to dismiss social constructivist theories of consciousness on account of it being ludicrous that conscious experience is anything but a biological feature of our animal heritage, characterized by sensory experience, evolved over millions of years. By defending social constructivism in terms of both Julian Jaynes’ behaviorism and J.J. Gibson’s ecological psychology, I draw (...) a distinction between the experience or what-it-is-like of nonhuman animals engaging with the environment and the secret theater of speechless monologue that is familiar to a linguistically competent human adult. This distinction grounds the argument that consciousness proper should be seen as learned rather than innate and shared with nonhuman animals. Upon establishing this claim, I defend the Jaynesian definition of consciousness as a social–linguistic construct learned in childhood, structured in terms of lexical metaphors and narrative practice. Finally, I employ the Jaynesian distinction between cognition and consciousness to bridge the explanatory gap and deflate the supposed hard problem of consciousness. (shrink)

At the moment of its decline, we clearly see that painting in oils developed an original poetics, and one that was all of a piece, throughout a renascent and modern West. From its birth and during a development lasting half a millennium we see it— in Florence, Bruges, Venice, Rome, Toledo, Nuremberg, Amsterdam and Paris—attentive to the sources of signification: languages, rites, myths, theater, tools, techniques and sciences and the urban context that wove them all together. In each case, for (...) one or the other of them, it brought a new relationship to the way of life and then left them to their social order of assimilation, keeping the initial contact for those who would be interested. It studded the West with centers of production that carried the practice and knowledge of art to their limits; engaged with the collective imagination, it punctuated history with decisive works, in which the desire to paint takes action and explains it. Marked by an impatience for change, oil painting revealed itself in a rapport with creativity akin to the other works of civilization. It is at the level of the bases of invention of the imaginary—which are in any expression the most profound structures—that the unfolding of oil painting is tightly bound. The establishment of modern national languages, the orderly rise, around a syntax and because of architecture, sculpture, music, song, tragedy, the systematic construction of scientific and technical expression, arose and grew quickly in importance in Western Europe during the same centuries as painting and with reciprocal correspondence. Dürer “who was the first to publish a treatise in which is collected all knowledge having to do with the expression of forms… wrote in his native tongue and in so doing was revealed as the creator of technical and scientific German.”. (shrink)

The productions of goods and the laws governing their exchange are no longer enough to account for the economic reality with regard to which the idea of crisis is generally invoked. The psychological, intellectual and moral motivations that support the activity of production are seen today as more and more decisive factors but ones that are evasive. Thus the stakes that would govern economic crises (but are they not something else?) must be sought on new ground, around mental incitements, ethical (...) references, networks of obligations that take the question of crisis beyond the economic domain, that would pose it in terms of civilizations. (shrink)

The relationship of word-meaning to speaker's-meaning has not been examined thoroughly enough. Some philosophical problems are solved and others made plainer if the full consequences of a proper relationship between these two is worked out.

Games, festivals, folklore, a derivation of them, and artistic expression are manifestations of symbolic invention. To compare them is to bring out the differences in the order of the symbolic production and have, as a consequence, a differentiated perception of the way they function. It is also to put them into a perspective of filial relationship. In fact, a genealogy appears with the processes that regulate the passage from one to the other of these means of expression. Through the successive (...) dissipation of structural stabilizations that are in turn play, festival and folklore, a generative order of complexity is established of which art, with its dynamics open to all expressive invention, is the end result. Finally, it is to discover at the end of the process the literary text, conceived as a work of art, surrounded by expression and preceded by it, appearing from then on according to one of the precepts of the theory of the text, as a production “of society and history” and as issuing from the social phenomenon in its entirety. “I am not only undertaking a study of a sociology of games,” wrote Roger Caillois. “My idea is to lay the foundations for a sociology beginning with games.” We would say of a sociology in which we would be permitted to glimpse the achievement of the task of explaining the entire social phenomenon itself. (shrink)

There are, it is said nowadays, “Renaissances,” in order to emphasize the diversity of expressions in this period of civilization and because of the concern for restoring the originality of the historical situations experienced at that time by the peoples of Europe. It is true that from the fourteenth to the fifteenth centuries, the Renaissance touched many areas in order to provide a response to challenges of the times. But even though these responses were varied, the world view was the (...) same. (shrink)

“Given the fact that the consciousness of man is a linguistic consciousness, all models superimposed on consciousness, including art, can be understood as secondary modeling systems, “ wrote Yuri Lotman in Introduction à la structure du texte artistique.