The path of those who would approach the study of Bentham's writings on Evidence has been considerably smoothed by the recent publication of William Twining's work on the evidence theories of Bentham and Wigmore. The material on evidence is now being tackled by the Bentham Project. It presents no easy task. The central core, The Rationale of Judicial Evidence, edited and published by John Stuart Mill in 1827, exists only in the printed version, the MSS from which Mill worked having (...) disappeared. But a substantial body of related material which survives has yet to be thoroughly investigated, though William Twining has made a gallant start. A new edition of the work hitherto known as ‘An Introductory View of the Rationale of Evidence’, first printed in full in the Bowring edition of the Works of Jeremy Bentham is in preparation. The first fruits of this endeavour is that the title of that work as it should appear in due course in the new Collected Works will be Introduction to the Rationale of Evidence: An Introductory View for the Use of Lawyers as well as Non-lawyers, the title in fact given to the work by Bentham. It is intended that what follows should similarly be of use to non-lawyers as well as lawyers. (shrink)
This volume considers the many areas where medicine intersects with the law. Advances in medical research, reproductive science and genetics have given rise to unprecedented ethical and legal quandaries. These are reflected in chapters on cloning, organ donation, choosing genetic characteristics, and the use of Viagra.
Law and History contains a broad range of essays by prominent legal historians, which explore the ways in which history has been used by lawyers. Largely theoretical in focus, the volume covers a broad range of issues, including discussions of norms in medieval England, the works of Montesquieu, Maine, and Weber, and of the nature of legal argument in nineteenth-century England, and in twentieth- century war crimes trials.Readership: Scholars of law and history, social historians, legal historians.
Today it would seem that being fatigued is a fairly common physical and psychological effect of educational systems based on an increasing demand for high-yield performance quotas. In higher education, ‘publish or perish’ is a kind of imperative to perform, perform better, and perform optimally leading to an overall economy of fatigue. In this paper we provide a critical theory of what we are calling the ‘fatigue university.’ While highlighting the negative costs of fatigue, we also provide a philosophical distinction (...) between tiredness and exhaustion that disrupts the biopolitics of fatigue from the inside. To do so, we turn to Gilles Deleuze and Giorgio Agamben whose writings on exhaustion point to its educational importance. Indeed, it is through the very ‘illnesses’ of exhaustion that the biopolitics of research can be problematized and opened up for new configurations. (shrink)
The National Center for Biomedical Ontology is a consortium that comprises leading informaticians, biologists, clinicians, and ontologists, funded by the National Institutes of Health (NIH) Roadmap, to develop innovative technology and methods that allow scientists to record, manage, and disseminate biomedical information and knowledge in machine-processable form. The goals of the Center are (1) to help unify the divergent and isolated efforts in ontology development by promoting high quality open-source, standards-based tools to create, manage, and use ontologies, (2) to create (...) new software tools so that scientists can use ontologies to annotate and analyze biomedical data, (3) to provide a national resource for the ongoing evaluation, integration, and evolution of biomedical ontologies and associated tools and theories in the context of driving biomedical projects (DBPs), and (4) to disseminate the tools and resources of the Center and to identify, evaluate, and communicate best practices of ontology development to the biomedical community. Through the research activities within the Center, collaborations with the DBPs, and interactions with the biomedical community, our goal is to help scientists to work more effectively in the e-science paradigm, enhancing experiment design, experiment execution, data analysis, information synthesis, hypothesis generation and testing, and understand human disease. (shrink)
E. Husserl, Logik und allgemeine Wissenschaftstheorie. Vorlesungen 1917/18, mit ergänzenden Texten aus der ersten Fassung 1910/11. Introduction by U. Panzer. Dordrecht:Kluwer, 1996. lxii + 554 pp. £130. ISBN0 792 33731 X D. Jacquette, Meinongian logic. The semantics of existence and nonexistence. Berlin and New York:Walter de Gruyter, 1996. xiii + 297 pp. DM 198. ISBN 3 11 014865 X M. Beaney, The Frege Reader. Blackwell Publishers, 1997. xv + 409 pp. £14.99/$21.95. ISBN 0 631 194 452 Elliott Mendelson, Introduction to (...) formal logic, fourth edition. London:Chapman & Hall, 1997. x + 440 pp. £45.00. ISBN 1 412 808307 Samuel Guttenplan, The languages of logic. An introduction to formal logic, second edition. Oxford:Blackwell, 1997. x + 429 pp. No price stated. ISBN 1 55786 988 X A.C. Grayling, An introduction to philosophical logic, third edition. Oxford:Blackwell, 1997. vii + 343 pp. £15.99/$27.99. ISBN 0 631 19982 9 Lewis Carroll, Das Spiel der Logik. Edited with an afterword by P. Good. Translated by M.Zöllner. Cologne:Propen Verlag/Frommann-Holzboog, 1997. 120pp. 32 DM. ISBN 3 7728 1998 2. (shrink)
Despite a large and multifaceted effort to understand the vast landscape of phenotypic data, their current form inhibits productive data analysis. The lack of a community-wide, consensus-based, human- and machine-interpretable language for describing phenotypes and their genomic and environmental contexts is perhaps the most pressing scientific bottleneck to integration across many key fields in biology, including genomics, systems biology, development, medicine, evolution, ecology, and systematics. Here we survey the current phenomics landscape, including data resources and handling, and the progress that (...) has been made to accurately capture relevant data descriptions for phenotypes. We present an example of the kind of integration across domains that computable phenotypes would enable, and we call upon the broader biology community, publishers, and relevant funding agencies to support efforts to surmount today's data barriers and facilitate analytical reproducibility. (shrink)
This book is a collection of secondary essays on America's most important philosophic thinkers—statesmen, judges, writers, educators, and activists—from the colonial period to the present. Each essay is a comprehensive introduction to the thought of a noted American on the fundamental meaning of the American regime.
Research in Artificial Intelligence (AI) and the Law has maintained an emphasis on knowledge representation and formal reasoning during a period when statistical, data-driven approaches have ascended to dominance within AI as a whole. Electronic discovery is a legal application area, with substantial commercial and research interest, where there are compelling arguments in favor of both empirical and knowledge-based approaches. We discuss the cases for both perspectives, as well as the opportunities for beneficial synergies.
Neural substrates of fatigue in traumatic brain injury are not well understood despite the considerable burden of fatigue on return to productivity. Fatigue is associated with diminishing performance under conditions of high cognitive demand, sense of effort, or need for motivation, all of which are associated with cognitive control brain network integrity. We hypothesize that the pathophysiology of TBI results in damage to diffuse cognitive control networks, disrupting coordination of moment-to-moment monitoring, prediction, and regulation of behavior. We investigate the cingulo-opercular (...) and frontoparietal networks, which are engaged to sustain attention for task and maintain performance. A total of 61 individuals with mild TBI and 42 orthopedic control subjects participated in functional MRI during performance of a constant effort task requiring altering the amount of effort utilized to manually squeeze a pneumostatic bulb across six 30-s trials. Network-based statistics assessed within-network organization and fluctuation with task manipulations by group. Results demonstrate small group differences in network organization, but considerable group differences in the evolution of task-related modulation of connectivity. The mild TBI group demonstrated elevated CO connectivity throughout the task with little variation in effort level or time on task, while CO connectivity diminished over time in controls. Several interregional CO connections were predictive of fatigue in the TBI group. In contrast, FP connectivity fluctuated with task manipulations and predicted fatigue in the controls, but connectivity fluctuations were delayed in the mild traumatic brain injury group and did not relate to fatigue. Thus, the mTBI group’s hyper-connectivity of the CO irrespective of task demands, along with hypo-connectivity and delayed peak connectivity of the FP, may allow for attainment of task goals, but also contributes to fatigue. Findings are discussed in relation to performance monitoring of prediction error that relies on internal cues from sensorimotor feedback during task performance. Delay or inability to detect and respond to prediction errors in TBI, particularly evident in bilateral insula-temporal CO connectivity, corresponds to day-to-day fatigue and fatigue during task performance. (shrink)
In this paper we investigate nonnormal modal systems in the vicinity of the Lewis system S1. It might be claimed that Lewis's modal systems are the starting point of modern modal logics. However, our interests in the Lewis systems and their relatives are not historical. They possess certain syntactical features and their frames certain structural properties that are of interest to us. Our starting point is not S1, but a weaker logic S1$^0$. We extend it to S1$^0$D, (...) which can be considered as a deontic counterpart of the alethic S1. Soundness and completeness of these systems are then demonstrated within a prenormal idiom. We conclude with some philosophical remarks on the interpretation of our deontic logic. (shrink)
Biological ontologies are used to organize, curate, and interpret the vast quantities of data arising from biological experiments. While this works well when using a single ontology, integrating multiple ontologies can be problematic, as they are developed independently, which can lead to incompatibilities. The Open Biological and Biomedical Ontologies Foundry was created to address this by facilitating the development, harmonization, application, and sharing of ontologies, guided by a set of overarching principles. One challenge in reaching these goals was that the (...) OBO principles were not originally encoded in a precise fashion, and interpretation was subjective. Here we show how we have addressed this by formally encoding the OBO principles as operational rules and implementing a suite of automated validation checks and a dashboard for objectively evaluating each ontology’s compliance with each principle. This entailed a substantial effort to curate metadata across all ontologies and to coordinate with individual stakeholders. We have applied these checks across the full OBO suite of ontologies, revealing areas where individual ontologies require changes to conform to our principles. Our work demonstrates how a sizable federated community can be organized and evaluated on objective criteria that help improve overall quality and interoperability, which is vital for the sustenance of the OBO project and towards the overall goals of making data FAIR. Competing Interest StatementThe authors have declared no competing interest. (shrink)
What should we do about low conviction rates for sexual offences? Much of the discussion focuses on the problem of prosecution: i.e. too few accusations of sexual assault make their way to court. Here, I want to consider the problem from a different angle—namely, what should we do if prosecution rates rise, but conviction rates do not? After all, prosecutions are not an end in themselves. The problem is that too few people who are guilty of sexual assault are being (...) punished. So, what steps, if any, should be taken if conviction rates fail to rise along with prosecution rates? (shrink)
The effectiveness of information retrieval technology in electronic discovery (E-discovery) has become the subject of judicial rulings and practitioner controversy. The scale and nature of E-discovery tasks, however, has pushed traditional information retrieval evaluation approaches to their limits. This paper reviews the legal and operational context of E-discovery and the approaches to evaluating search technology that have evolved in the research community. It then describes a multi-year effort carried out as part of the Text Retrieval Conference to develop evaluation methods (...) for responsive review tasks in E-discovery. This work has led to new approaches to measuring effectiveness in both batch and interactive frameworks, large data sets, and some surprising results for the recall and precision of Boolean and statistical information retrieval methods. The paper concludes by offering some thoughts about future research in both the legal and technical communities toward the goal of reliable, effective use of information retrieval in E-discovery. (shrink)
This article develops a multidimensional approach for the investigation of the ethical codes of professional associations. The authors: (a) examine various ethical frameworks to identify ethical constructs, (b) select ethical constructs to apply to the assessment of professional codes of ethics, (c) content analyze conceptual and descriptive similarities and differences across a large sample of professional codes of ethics, (d) address organizational variables that affect the development of ethical codes, and (e) investigate through survey research the beliefs and attitudes of (...) association leadership toward ethical code issues. The content analysis and survey research results have implications for association leadership, its membership, public policy makers, the general public and for future research. (shrink)
Let us say that any degree d > 0satisfies the minimal complementation property if for every degree 0 < a < d there exists a minimal degree b < d such that a ∨ b = d . We show that every degree d ≥ 0′ satisfies MCP.
In 1901 Russell had envisaged the new analytic philosophy as uniquely systematic, borrowing the methods of science and mathematics. A century later, have Russell’s hopes become reality? David Lewis is often celebrated as a great systematic metaphysician, his influence proof that we live in a heyday of systematic philosophy. But, we argue, this common belief is misguided: Lewis was not a systematic philosopher, and he didn’t want to be. Although some aspects of his philosophy are systematic, mainly his (...) pluriverse of possible worlds and its many applications, that systematicity was due to the influence of his teacher Quine, who really was an heir to Russell. Drawing upon Lewis’s posthumous papers and his correspondence as well as the published record, we show that Lewis’s non- Quinean influences, including G.E. Moore and D.M. Armstrong, led Lewis to an anti- systematic methodology which leaves each philosopher’s views and starting points to his or her own personal conscience. (shrink)
Within educational philosophy and theory, there has been an international re-turn to envision study as an alternative formation to disrupt the defining learning logic. As an enrichment, this paper articulates “Daoist onto-un-learning” as an Eastern form of study, drawing upon Roger Ames’s interpretation of the ancient Chinese correlative cosmology and relational personhood thinking. This articulation is to dialogue with the conceptualizations of study shared by Giorgio Agamben, Derek Ford, and Tyson Lewis, and unfolds in three steps. First, I examine (...) how their conceptualizations of study constrain the studier-doing-study logic as a commonsensical expression of “foundational individualism” and anthropocentric disordering. Second, re-invoking the ancient Chinese wisdom, I envision “Daoist onto-un-learning” as a non-individualistic and non-anthropocentric form of study, re-configuring study and learning no longer as two disparate, if not necessarily oppositional, formations but into a Daoist bipolar yin-yang movement. Finally, I story-tell my doctoral research experience as a Daoist onto-un-learning journey, a spiralling learning-study movement, to unpack the ways it suspends and overturns the modern-Western trap/trope of anthropocentric-foundational individualism. In so doing, this paper further internationalizes and supplements the current study scholarship in relation to learning in a way so-far hardly explored yet cross-culturally provocative. (shrink)
Among philosophers as well as linguists the battle is still joined between those who view the correlation between meaning and linguistic form as strictly determined by convention and those who argue for the essential indeterminacy of the relationship between meaning and form.1 Plato's Cratylus aside, the philosphical dialogue that forms the locus classicus of this debate is the following: "You're holding it upside down!" Alice interrupted. "To be sure I was!" Humpty Dumpty said gaily, as she turned it round for (...) him. "I thought it looked a little queer. As I was saying. that seems to be done right - though I haven't time to look it over thoroughly just now - and that shows that there are three hundred and sixty-four days when you might get un-birthday presents -" "Certainly," said Alice. "And only one for birthday presents, you know. There's glory for you!" "I don't know what you mean by 'glory,'" Alice said. Humpty Dumpty smiled contemptuously. "Of course you don't - till I tell you. I meant 'there's a nice knock-down argument for you!'" "But 'glory' doesn't mean 'a nice knock-down argument,'" Alice objected. "When I use a word," Humpty Dumpty said in rather a scornful tone, "it means just what I choose it to mean - neither more nor less."2 · 1. This should not be taken as an argument for the indeterminacy of linguistic meaning itself. Quite the contrary; it is because meaning can be stable and determinate despite variations in mental acts and linguistic forms that the relation between form and meaning must be indeterminate on the basis merely of rules and conventions.· 2. Lewis Carroll, Through the Looking Glass, chap. 6. E. D. Hirsch, Jr. is Kenan Professor of English at the University of Virginia. He is the author of Validity in Interpretation and Wordsworth and Schelling: A Typological Study of Romanticism. A second edition of his book on Blake, Innocence and Experience, will appear next year, as will a new book on critical theory. (shrink)