This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...) an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. (shrink)

This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations.

In this paper, we present a particular role for abductive reasoning in law by applying it in the context of an argumentation scheme for practical reasoning. We present a particular scheme, based on an established scheme for practical reasoning, that can be used to reason abductively about how an agent might have acted to reach a particular scenario, and the motivations for doing so. Plausibility here depends on a satisfactory explanation of why this particular agent followed these motivations in the (...) particular situation. The scheme is given a formal grounding in terms of action-based alternating transition systems and we illustrate the approach with a running legal example. (shrink)

“Mechanical objectivity,” which Lorraine Daston and Peter Galison trace to the mid-nineteenth century, often coincided with efforts to inscribe nature “directly,” such as through automatic registering machines. But what did this inscription entail? Addressing this question requires that we reexamine indexicalization: the shift in semiotic ideology whereby medial technologies are imagined and acted on as if they preserved material traces of the real. Indexicalization is no simple reflex of mechanical objectivity and is more varied and consequential than commonly imagined. This (...) essay demonstrates this by returning to the sciences of face-to-face interaction, which crystallized in postwar America but drew inspiration from earlier research on talk therapy. Returning to efforts to record psychoanalysis sessions in the early 1930s “objectively,” it chronicles a shift in the technosemiotic mediation of knowledge. Whereas transcripts were originally “verbatim” records of literal content, researchers came to seek tacit, symptomological signs. And whereas mechanical recording was introduced to avoid an observer effect, it was later deemed necessary to preserve indexical traces for fine-grained analysis. This indexicalization had ontological as well as epistemological effects, and it was inspired not by mechanical objectivity but by the parallel capacities of the perceptive psychoanalyst and the receptive mechanical recorder, both virtuosic in registering the indexical richness of the communicative unconscious. (shrink)

This paper questions the conceptual and pragmatic worth of the category of relational values. Combining philosophical reasoning with ethnographic field-work in Wallmapu/Chile, I analyse a variety of ways in which people think about, value and behave toward the land. I thereby demonstrate that relational-ity is inherent to held, instrumental and intrinsic values. This means that there is no meaningful way in which to distinguish relational values from more familiar types of values. Yet, to be able to argue that a distinct (...) class of relational values exists, those who have proposed the term have been compelled to silence or downplay the relational natures of those other values. This has the perverse effect of confining, rather than promoting, relational thinking. (shrink)

À partir de la reconstitution d’un contexte polémique divisant, dans le dernier quart du ve siècle, les tenants d’une conception traditionnelle de la religion et des savoirs d’une part, et les partisans d’une curiosité nouvelle pour l’étude des « choses d’en haut » (meteora) d’autre part, cet article se propose d’examiner la manière dont l’élément aérien a été investi par les seconds pour devenir le support matériel de l’« invisible » et se substituer ainsi à la divinité. L’analyse des caractéristiques (...) précises que certains philosophes et médecins ont associées à l’air permettra de mettre en évidence le rôle de puissance cosmologique et biologique qui a pu lui être reconnu dans cette tradition de pensée « aérienne ». (shrink)

La humildad copernicana establece que el Universo es un lugar homogéneo en el que las leyes aplican indistintamente en cualquier lugar, es decir, no existe un centro o lugar privilegiado. En ese sentido el lugar que ocupa la Tierra en el Universo es como cualquier otro, nada especial y mucho menos relacionado al favor de un Dios omnipotente cuya creación favorita sea el ser humano. Siendo esto así, sería entonces factible pensar la existencia de muchos otros planetas que como la (...) Tierra alberguen vida y sustenten civilizaciones tan o más avanzadas como la nuestra. Sin embargo, ¿por qué aún no hemos contactado con otras civilizaciones? Esto último se conoce como la paradoja de Fermi. ¿Por qué si la Tierra es solo un punto más en el Universo parece que no hay otras Tierras y otros seres inteligentes con quienes contactar? Una posible solución que intentamos discutir en el presente texto es la Hipótesis de la Tierra Rara, según la cual, en efecto, el planeta Tierra es una cosa extraordinaria en el universo. Más allá de discutir la plausibilidad de esta hipótesis frente a otras, interesa puntualizar algunos corolarios que se siguen de la misma, y su implicación para el copernicanismo desde un punto de vista filosófico. (shrink)

Investigating the theoretical and empirical relationships between transparency and trust in the context of surveillance, this volume argues that neither transparency nor trust provides a simple and self-evident path for mitigating the negative political and social consequences of state surveillance practices. Dominant in both the scholarly literature and public debate is the conviction that transparency can promote better-informed decisions, greater oversight, and restore trust damaged by the secrecy of surveillance. The contributions to this volume challenge this conventional wisdom by considering (...) how relations of trust and policies of transparency are modulated by underlying power asymmetries, socio-historical legacies, economic structures, and institutional constraints. They study trust and transparency as embedded in specific socio-political contexts to show how, under certain conditions, transparency can become a tool of social control that erodes trust, while mistrust-rather than trust-can sometimes offer the most promising approach to safeguarding rights and freedom in an age of surveillance. The first book addressing the inter-relationship of trust, transparency, and surveillance practices, this volume will be of interest to scholars and students of surveillance studies as well as appeal to an interdisciplinary audience given the contributions come from political science, sociology, philosophy, law, and civil society. (shrink)

Bex analyzes the case with an informal version of his hybrid theory, which combines scenario construction and argumentation. Arguments based on evidence can be used to reason about alternative scenarios. Bex claims that his hybrid theory provides the best of both worlds by combining cognitively feasible story‐based reasoning with more detailed rational argumentation. However, like the argument‐based approach, the hybrid theory does not provide a systematic account of uncertainty.

This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations.

In this paper, we look at reasoning with evidence and facts in criminal cases. We show how this reasoning may be analysed in a dialectical way by means of critical questions that point to typical sources of doubt. We discuss critical questions about the evidential arguments adduced, about the narrative accounts of the facts considered, and about the way in which the arguments and narratives are connected in an analysis. Our treatment shows how two different types of knowledge, represented as (...) schemes, play a role in reasoning with evidence: argumentation schemes and story schemes. (shrink)

This manuscript describes the responses and correlates of outpatients with schizophrenia spectrum disorders to a tool designed to measure comprehension before obtaining informed consent for research participation. We used the Evaluation to Sign Consent form to document comprehension in 100 outpatients as part of their consent to participate in an ongoing study of an exercise intervention. The findings suggest that using this form is a feasible and acceptable approach to documenting comprehension of research procedures prior to obtaining informed consent. Age (...) 49 years and older and the receipt of intramuscular antipsychotic medication predicted the need for additional assistance to complete the Evaluation to Sign Consent form successfully (χ2 = 8.29, P = 0.016). Nurse researchers should consider documenting comprehension with this tool owing to its availability, time efficiency and utility. (shrink)

The current legal status and medical ethics of routine or religious penile circumcision of minors is a matter of ongoing controversy in many countries. We focus on the United Kingdom as an illustrative example, giving a detailed analysis of the most recent British Medical Association guidance from 2019. We argue that the guidance paints a confused and conflicting portrait of the law and ethics of the procedure in the UK context, reflecting deeper, unresolved moral and legal tensions surrounding child genital (...) cutting practices more generally. Of particular note is a lack of clarity around how to apply the “best interests” standard—ordinarily associated with time-sensitive proxy decision making regarding therapeutic options for a medically unwell patient—to a parental request for a medically unnecessary surgery to be carried out on the genitalia of a healthy child. Challenges arise in measuring and assigning weights to intended sociocultural or religious/spiritual benefits, and even to health-related prophylactic benefits, and in balancing these against potential physical, functional, and psychosexual risks or harms. Also of concern are apparently inconsistent safeguarding standards being applied to children based on their birth sex categorization or gender of rearing. We identify and discuss recent trends in British and international medical ethics and law, finding gradual movement toward a more unified standard for evaluating the permissibility of surgically modifying healthy children's genitals before they can meaningfully participate in the decision. (shrink)

Humanae vitae, ideología de género y futuro biotecnológico Humanae vitae, ideologia de gênero e futuro biotecnológico This short article aims to briefly comment on the influence of Humanae Vitae, fifty years after publication. In this context, some aspects related to the positive impact that Humanae Vitae lends to the affective environment of sexuality, both in adulthood and in the early ages of youth, are discussed given the influence of LGTBI ideology. The anthropological view of sexuality provides an environment of respect (...) for the dignity of the person in terms of the deviations that may occur due to the influence of gender ideology. Finally, some international scientific articles are cited, which positively demonstrate the possibility of making science compatible with the unitive and procreative nature of Humanae Vitae in a globalized environment. Para citar este artículo / To reference this article / Para citar este artigo Murcia-Lora JM. Humanae vitae, ideología de género y futuro biotecnológico. pers. bioét. 2018; 22: 358-366. DOI: 10.5294/pebi.2018.22.2.11. (shrink)

If ethical expressivism is true, then moral judgements are motivational desire-like states and do not robustly represent reality. This gives rise to the problem of how to understand moral error. How can we be mistaken if there is no moral reality to be mistaken about? The standard expressivist explanation of moral doubt is couched in terms of our fear that our judgements may not survive improvements to our epistemic situation. There is a debate between Egan :205–219, 2007), Blackburn :201–213, 2009), (...) Köhler :161–165, 2015) and Ridge :1–21, 2015) on the adequacy of this explanation when it comes to the phenomenon of fundamental moral error. This paper is my contribution to the debate. I argue, contrary to Blackburn and Ridge, that expressivism is committed to some first-order anti-realist sounding claims, and thus quasi-realism fails. If expressivism is true, none of us can coherently believe we might be fundamentally mistaken. However, contrary to Egan and Köhler, I do not think this is bad. Expressivists can still do what motivated the project of quasi-realism in the first place: they can interpret, make sense of, and vindicate ordinary moral discourse. I end by showing it yields some positive results for moral philosophers too – it effectively amounts to a transcendental argument against unhealthy moral scepticism. (shrink)

Protecting the privacy of individually-identifiable health data and promoting the public’s health often seem at odds. Privacy advocates consistently seek to limit the acquisition, use, and disclosure of identifiable health information in governmental and private sector settings. Their concerns relate to misuses or wrongful disclosures of sensitive health data that can lead to discrimination and stigmatization against individuals. Public health practitioners, on the other hand, seek regular, ongoing access to and use of identifiable health information to accomplish important public health (...) objectives. The collection and use of identifiable health data by federal, tribal, state, and local health authorities support nearly all public health functions and goals.Identifiable health data are the lifeblood of public health practice. When aggregated, these data help authorities monitor the incidence, patterns, and trends of injury and disease in populations. Health data are acquired by public health authorities through testing, screening, and treatment programs. (shrink)

The paper problematises the reliability and ethics of using social media data, such as sourced from Twitter or Instagram, to carry out health-related research. As in many other domains, the opportunity to mine social media for information has been hailed as transformative for research on well-being and disease. Considerations around the fairness, responsibilities and accountabilities relating to using such data have often been set aside, on the understanding that as long as data were anonymised, no real ethical or scientific issue (...) would arise. We first counter this perception by emphasising that the use of social media data in health research can yield problematic and unethical results. We then provide a conceptualisation of methodological data fairness that can complement data management principles such as FAIR by enhancing the actionability of social media data for future research. We highlight the forms that methodological data fairness can take at different stages of the research process and identify practical steps through which researchers can ensure that their practices and outcomes are scientifically sound as well as fair to society at large. We conclude that making research data fair as well as FAIR is inextricably linked to concerns around the adequacy of data practices. The failure to act on those concerns raises serious ethical, methodological and epistemic issues with the knowledge and evidence that are being produced. (shrink)

In this paper, we continue our research on a hybrid narrative-argumentative approach to evidential reasoning in the law by showing the interaction between factual reasoning (providing a proof for ‘what happened’ in a case) and legal reasoning (making a decision based on the proof). First we extend the hybrid theory by making the connection with reasoning towards legal consequences. We then emphasise the role of legal stories (as opposed to the factual stories of the hybrid theory). Legal stories provide a (...) coherent, holistic legal perspective on a case. They steer what needs to be proven but are also selected on the basis of what can be proven. We show how these legal stories can be used to model a shift of the legal perspective on a case, and we discuss how gaps in a legal story can be filled using a factual story (i.e. the process of reasoning with circumstantial evidence). Our model is illustrated by a discussion of the Dutch Wamel murder case. (shrink)

Many people believe that if you identify as a particular gender, then you are that gender. This paper is my attempt at making sense of this claim. I propose to conceive of genders as names: determined by the individual and not requiring any specific biological or psychological qualities, yet still important to the bearer.

Decisions concerning proof of facts in criminal law must be rational because of what is at stake, but the decision‐making process must also be cognitively feasible because of cognitive limitations, and it must obey the relevant legal–procedural constraints. In this topic three approaches to rational reasoning about evidence in criminal law are compared in light of these demands: arguments, probabilities, and scenarios. This is done in six case studies in which different authors analyze a manslaughter case from different theoretical perspectives, (...) plus four commentaries on these case studies. The aim of this topic is to obtain more insight into how the different approaches can be applied in a legal context. This will advance the discussion on rational reasoning about evidence in law and will contribute more widely to cognitive science on a number of topics, including the value of probabilistic accounts of cognition and the problem of dealing with cognitive biases in reasoning under uncertainty in practical contexts. (shrink)

When theorising about disagreement, it is tempting to begin with a person's belief that p and ask what mental state one must have in order to disagree with it. This is the wrong way to go; the paper argues that people may also disagree with attitudes that are not beliefs. It then examines whether several existing theories of disagreement can account for this phenomenon. It argues that its own normative theory of disagreement gives the best account, and so, given that (...) there is good reason to believe disagreement without belief is possible, there is good reason to think that disagreement itself is normative. (shrink)

This article introduces a new scale to measure executive servant leadership, situating the need for this scale within the context of ethical leadership and its impacts on followers, organizations and the greater society. The literature on servant leadership is reviewed and servant leadership is compared to other concepts that share dimensions of ethical leadership (e.g., transformational, authentic, and spiritual leadership). Next, the Executive Servant Leadership Scale (ESLS) is introduced, and its contributions and limitations discussed. We conclude with an agenda for (...) future research, describing ways the measure can be used to test hypotheses about organizational moral climate, ethical organizational culture, corporate responsibility, and institutional theory. (shrink)

We explore the computational complexity of justification, stability and relevance in incomplete argumentation frameworks (IAFs). IAFs are abstract argumentation frameworks that encode qualitative uncertainty by distinguishing between certain and uncertain arguments and attacks. These IAFs can be completed by deciding for each uncertain argument or attack whether it is present or absent. Such a completion is an abstract argumentation framework, for which it can be decided which arguments are acceptable under a given semantics. The justification status of an argument in (...) a completion then expresses whether the argument is accepted (in), not accepted because it is attacked by an accepted argument (out) or neither (undec). For a given IAF and certain argument, the justification status of that argument need not be the same in all completions. This is the issue of stability, where an argument is stable if its justification status is the same in all completions. For arguments that are not stable in an IAF, the relevance problem is of interest: which uncertain arguments or attacks should be investigated for the argument to become stable? In this paper, we define justification, stability and relevance for IAFs and provide a complexity analysis for these problems under grounded, complete, preferred and stable semantics. (shrink)