Legal analysis is a task underlying many forms of legal problem solving. In the Anglo-American legal system, legal analysis is based in part on legal precedents, previously decided cases. This paper describes a reduction-graph model of legal precedents that accounts for a key characteristic of legal precedents: a precedent's relevance to subsequent cases is determined by the theory under which the precedent is decided. This paper identifies the implementation requirements for legal analysis using the reduction-graph model of legal precedents and (...) describes GREBE, a program that satisfies these requirements. (shrink)

This research paper aims to study analogy as a comparative thinking and to investigate whether it is justified in claiming that an analogical thought has cognitive content. Two theories in cognitive science claim that analogy has cognitive content. The first one is called the weak view of analogy in cognition, e.g. the works of Gust et al. (2008), Lakoff & Johnson (1980), Hesse (1950), Black (1955); and the second one is called the strong view of analogy in cognition, e.g. the (...) works of Hofstadter (2001), Hofstadter& Sanders (2013). According to the weak view, analogical thought is only a necessary condition of cognition. But for the strong view, analogy is both necessary and sufficient of cognition. Regardless of the differences, both theories are not justified in claiming analogical content. While the weak view cannot provide an account of the perceptual aspect of content, the strong view suffers from the lack of normative constraint for analogical content. -/- Keywords: analogy, comparative thinking, concept, cognitive content, philosophy of cognitive science . (shrink)

A cognitive ethnography of how bioengineering scientists create innovative modeling methods. In this first full-scale, long-term cognitive ethnography by a philosopher of science, Nancy J. Nersessian offers an account of how scientists at the interdisciplinary frontiers of bioengineering create novel problem-solving methods. Bioengineering scientists model complex dynamical biological systems using concepts, methods, materials, and other resources drawn primarily from engineering. They aim to understand these systems sufficiently to control or intervene in them. What Nersessian examines here is how cutting-edge bioengineering (...) scientists integrate the cognitive, social, material, and cultural dimensions of practice. Her findings and conclusions have broad implications for researchers in philosophy, science studies, cognitive science, and interdisciplinary studies, as well as scientists, educators, policy makers, and funding agencies. In studying the epistemic practices of scientists, Nersessian pushes the boundaries of the philosophy of science and cognitive science into areas not ventured before. She recounts a decades-long, wide-ranging, and richly detailed investigation of the innovative interdisciplinary modeling practices of bioengineering researchers in four university laboratories. She argues and demonstrates that the methods of cognitive ethnography and qualitative data analysis, placed in the framework of distributed cognition, provide the tools for a philosophical analysis of how scientific discoveries arise from complex systems in which the cognitive, social, material, and cultural dimensions of problem-solving are integrated into the epistemic practices of scientists. Specifically, she looks at how interdisciplinary environments shape problem-solving. Although Nersessian’s case material is drawn from the bioengineering sciences, her analytic framework and methodological approach are directly applicable to scientific research in a broader, more general sense, as well. (shrink)

The dynamic constraint relaxation theory predicts crucial roles of the initial diversity and evaluation in creative problem-solving. We reported the experimental evidence supporting these predictions, using an insight problem. The experiments showed that the degrees of making different types of trials and the appropriate evaluation were closely related to individual differences in insight problem-solving, and that evaluation became more appropriate by making the problem-solving goal explicit. The review of the research in related fields showed that these experimental findings were in (...) congruent with the evidence obtained from different types of creative activities. (shrink)

Recent metaphor research has revealed that metaphor comprehension involves both categorization and comparison processes. This finding has triggered the following central question: Which property determines the choice between these two processes for metaphor comprehension? Three competing views have been proposed to answer this question: the conventionality view (Bowdle & Gentner, 2005), aptness view (Glucksberg & Haught, 2006b), and interpretive diversity view (Utsumi, 2007); these views, respectively, argue that vehicle conventionality, metaphor aptness, and interpretive diversity determine the choice between the categorization (...) and comparison processes. This article attempts to answer the question regarding which views are plausible by using cognitive modeling and computer simulation based on a semantic space model. In the simulation experiment, categorization and comparison processes are modeled in a semantic space constructed by latent semantic analysis. These two models receive word vectors for the constituent words of a metaphor and compute a vector for the metaphorical meaning. The resulting vectors can be evaluated according to the degree to which they mimic the human interpretation of the same metaphor; the maximum likelihood estimation determines which of the two models better explains the human interpretation. The result of the model selection is then predicted by three metaphor properties (i.e., vehicle conventionality, aptness, and interpretive diversity) to test the three views. The simulation experiment for Japanese metaphors demonstrates that both interpretive diversity and vehicle conventionality affect the choice between the two processes. On the other hand, it is found that metaphor aptness does not affect this choice. This result can be treated as computational evidence supporting the interpretive diversity and conventionality views. (shrink)

Schaffner’s model of theory reduction has played an important role in philosophy of science and philosophy of biology. Here, the model is found to be problematic because of an internal tension. Indeed, standard antireductionist external criticisms concerning reduction functions and laws in biology do not provide a full picture of the limits of Schaffner’s model. However, despite the internal tension, his model usefully highlights the importance of regulative ideals associated with the search for derivational, and embedding, deductive relations among mathematical (...) structures in theoretical biology. A reconstructed Schaffnerian model could therefore shed light on mathematical theory development in the biological sciences and on the epistemology of mathematical practices more generally. *Received November 2006; revised March 2009. †To contact the author, please write to: Philosophy Department, University of California, Santa Cruz, 1156 High St., Santa Cruz, CA 95064; e‐mail: [email protected]. (shrink)

Claims pertaining to understanding are made in a variety of contexts and ways. As a result, few in the philosophical literature have made an attempt to precisely characterize the state that is y understanding x. This paper builds an account that does just that. The account is motivated by two main observations. First, understanding x is somehow related to being able to manipulate x. Second, understanding is a mental phenomenon, and so what manipulations are required to be an understander must (...) only be mental manipulations. Combining these two insights, the paper builds an account (URM) of understanding as a certain representational capacity—specifically, understanding x involves possessing a representation of x that could be manipulated in useful ways. By tying understanding to representation, the account correctly identifies that understanding is a fundamentally cognitive achievement. However, by also demanding that which representations count as understanding-conferring be determined by their practical effects, URM captures the insight that understanding is vitally connected to practice. URM is fully general, and can apply equally well to understanding states of affairs, understanding events, and even understanding people and works of art. The ultimate test of URM is its applicability in actual scientific and philosophical discourse. To that end the paper discusses the importance of understanding in the philosophy of science, psychology, and computer science. (shrink)

Casuistry, which involves analogical reasoning, is a popular methodological approach in bioethics. The method has its advantages and challenges, which are widely acknowledged. Meta-philosophical reflection on exactly how bioethical casuistry works and how the challenges can be addressed is limited. In this paper we propose a framework for structuring casuistry and analogical reasoning in bioethics. The framework is developed by incorporating theories and insights from the philosophy of science: Mary Hesse’s ideas on horizontal and vertical relations in analogical reasoning in (...) the sciences, Paul Bartha’s articulation model of analogical reasoning and Daniel Steel’s insights on mechanism-based extrapolation in biomedical research. Adopting our framework results in two practical benefits: it sets methodological standards for analogical reasoning and enables us to compare and evaluate diverging lines of analogical reasoning in a systematic way. Adopting the framework also has theoretical benefits: it helps to understand how analogical reasoning can have moral normativity; it pinpoints exactly where moral principles or theories enter analogical reasoning; and it helps to understand why casuistry is an attractive method in bioethics and in applied ethics more generally. (shrink)

This paper applies recent work on scripts and stories developed as tools of evidential reasoning in artificial intelligence to model the use of argument from analogy as a rhetorical device of persuasion. The example studied is Gerry Spence’s closing argument in the case of Silkwood v. Kerr-McGee Corporation, said to be the most persuasive closing argument ever used in an American trial. It is shown using this example how argument from analogy is based on a similarity premise where similarity between (...) two cases is modeled using the device of a story scheme from the hybrid theory of legal evidential reasoning (Bex in Arguments, stories and criminal evidence: a formal hybrid theory. Springer, Dordrecht 2011). It is shown how the rhetorical strategy of Spence’s argumentation in the closing argument interweaves argument from analogy with explanation through three levels. (shrink)

Investigations of the function of consciousness in human information processing have focused mainly on two questions: (1) where does consciousness enter into the information processing sequence and (2) how does conscious processing differ from preconscious and unconscious processing. Input analysis is thought to be initially "preconscious," "pre-attentive," fast, involuntary, and automatic. This is followed by "conscious," "focal-attentive" analysis which is relatively slow, voluntary, and flexible. It is thought that simple, familiar stimuli can be identified preconsciously, but conscious processing is needed (...) to identify complex, novel stimuli. Conscious processing has also been thought to be necessary for choice, learning and memory, and the organization of complex, novel responses, particularly those requiring planning, reflection, or creativity. (shrink)

This paper replies to the first 36 commentaries on my target article on “Is human information processing conscious?” (Behavioral and Brain Sciences,1991, pp.651-669). The target article focused largely on experimental studies of how consciousness relates to human information processing, tracing their relation from input through to output, while discussion of the implications of the findings both for cognitive psychology and philosophy of mind was relatively brief. The commentaries reversed this emphasis, and so, correspondingly, did the reply. The sequence of topics (...) in the reply roughly follows that of the target article. The discussion begins with a reconsideration of the details of the empirical findings, whether they can be extrapolated to non-laboratory settings, and the extent to which one can rely on their use of subjective reports. This is followed by an in-depth discussion of what is meant by “conscious processing” and of how phenomenal consciousness relates to attentional processing. We then turn to broader philosophical and theoretical issues. I point out some of the reasons why I do not support epiphenomenalism, dualist-interactionism, or reductionism, and elaborate on how first- and third-person views of the mind can be regarded as complementary and mutually irreducible. I suggest how the relation of conscious experiences to their neural correlates can be understood in terms of a dual-aspect theory of information,and how this might be used to resolve some of the paradoxes surrounding the causal interactions of consciousness and brain. I also suggest that, viewed from a first-person perspective, consciousness gives purpose to existence, which allows a different way of viewing its role in evolution. (shrink)

When Johann and Daniel Bernoulli founded fluid dynamics they encountered several problems. To go beyond the vision of Newtonian particles, a new set of images was needed in order to deal with the spatial extensibility and lack of form of fluids. I point to evidence that analogy was an essential abductive strategy in the creation of this imagery. But its heuristic behavior is complex: analogy can provide an initial model or proto-model that establishes the starting point of a theoretical process, (...) but it can play other roles as well. The historical genesis analyzed here shows that the participation of analogy in physicists’ creativity is not so restricted and that its richness opens up the field for very different roles and strategies in model-based discovery processes. Analogies can crop up intermittently in the evolution of a theory; and they can cooperate with images, extreme case reasoning and thought experiments, and even activate these processes at origin. Although it may seem that the contributions of analogy are generative in the sense of helping to discover new aspects of reality, we must stress the evaluative function that sometimes is performed by analogical reasoning in order to gain confidence. The study of the Bernoulli’s genesis of the foundations of fluid dynamics generates interesting hypotheses about the multiple roles that analogy can play in scientific model-based reasoning. (shrink)

The term conceptual simulation refers to a type of everyday reasoning strategy commonly called “what if” reasoning. It has been suggested in a number of contexts that this type of reasoning plays an important role in scientific discovery; however, little direct evidence exists to support this claim. This article proposes that conceptual simulation is likely to be used in situations of informational uncertainty, and may be used to help scientists resolve that uncertainty. We conducted two studies to investigate the relationship (...) between conceptual simulation and informational uncertainty. Study 1 was an in vivo study of expert scientists; the results suggest that scientists do use conceptual simulation in situations of informational uncertainty, and that they use conceptual simulation to make inferences from their data using the analogical reasoning process of alignment by similarity detection. Study 2 experimentally manipulated experts' level of uncertainty and provides further support for the hypothesis that conceptual simulation is more likely to be used in situations of informational uncertainty. Finally, we discuss the relationship between conceptual simulation and other types of reasoning using qualitative mental models. (shrink)

Blanchette and Dunbar have claimed that when participants are allowed to draw on their own source analogs in the service of analogical argumentation, retrieval is less constrained by surface similarity than traditional experiments suggest. In two studies, we adapted this production paradigm to control for the potentially distorting effects of analogy fabrication and uneven availability of close and distant sources in memory. Experiment 1 assessed whether participants were reminded of central episodes from popular movies while generating analogies for superficially similar (...) versus superficially dissimilar target situations. In Experiment 2, we modified this procedure to assess the retrieval of autobiographic memories, more familiar to participants than fictional episodes. Both studies revealed a strong effect of surface similarity on the retrieval of participants' own sources, thus suggesting that the superficial bias typically observed in experimental studies—and simulated by most computational models—does not originate in a lack of ecological validity. (shrink)

This article discusses the philosophical relevance of recent computational work on inductive inference being conducted in the rapidly growing branch of artificial intelligence called machine learning.

Explanations of the growth of scientific knowledge can be characterized in terms of logical, cognitive, and social schemas. But cognitive and social schemas are complementary rather than competitive, and purely social explanations of scientific change are as inadequate as purely cognitive explanations. For example, cognitive explanations of the chemical revolution must be supplemented by and combined with social explanations, and social explanations of the rise of the mechanical world view must be supplemented by and combined with cognitive explanations. Rational appraisal (...) of cognitive and social strategies for improving knowledge should appreciate the interdependence of mind and society. (shrink)

This paper explores the ethical relevance of a precise new characterization of coherence as maximization of satisfaction of positive and negative constraints. A coherence problem can be stated by specifying a set of elements to be accepted or rejected along with sets of positive and negative constraints that incline pairs of elements to be accepted together or rejected together. Computationally tractable and psychologically plausible algorithms are available for determining the acceptance and rejection of elements in a way that reliably approximates (...) coherence maximization. This paper shows how justification of ethical principles and particular judgments can be accomplished by taking into account deductive, explanatory, analogical, and deliberative coherence. (shrink)

This target article presents a new computational theory of explanatory coherence that applies to the acceptance and rejection of scientific hypotheses as well as to reasoning in everyday life, The theory consists of seven principles that establish relations of local coherence between a hypothesis and other propositions. A hypothesis coheres with propositions that it explains, or that explain it, or that participate with it in explaining other propositions, or that offer analogous explanations. Propositions are incoherent with each other if they (...) are contradictory, Propositions that describe the results of observation have a degree of acceptability on their own. An explanatory hypothesis is acccpted if it coheres better overall than its competitors. The power of the seven principles is shown by their implementation in a connectionist program called ECHO, which treats hypothesis evaluation as a constraint satisfaction problem. Inputs about the explanatory relations are used to create a network of units representing propositions, while coherende and incoherence relations are encoded by excitatory and inbihitory links. ECHO provides an algorithm for smoothly integrating theory evaluation based on considerations of explanatory breadth, simplicity, and analogy. It has been applied to such important scientific cases as Lovoisier's argument for oxygen against the phlogiston theory and Darwin's argument for evolution against creationism, and also to cases of legal reasoning. The theory of explanatory coherence has implications for artificial intelligence, psychology, and philosophy. (shrink)

This paper argues that questions concerning the nature of concepts that are central in cognitive psychology are also important to epistemology and that there is more to conceptual change than mere belief revision. Understanding of epistemic change requires appreciation of the complex ways in which concepts are structured and organized and of how this organization can affect belief revision. Following a brief summary of the psychological functions of concepts and a discussion of some recent accounts of what concepts are, I (...) propose a view of concepts as complex computational structures. This account suggests that conceptual change can come in varying degrees, with the most extreme consisting of fundamental conceptual reorganizations. These degrees of conceptual change are illustrated by the development of the concept of an acid. (shrink)

This paper provides a computational characterization of coherence that applies to a wide range of philosophical problems and psychological phenomena. Maximizing coherence is a matter of maximizing satisfaction of a set of positive and negative constraints. After comparing five algorithms for maximizing coherence, we show how our characterization of coherence overcomes traditional philosophical objections about circularity and truth.

In adversarial problem solving (APS), one must anticipate, understand and counteract the actions of an opponent. Military strategy, business, and game playing all require an agent to construct a model of an opponent that includes the opponent's model of the agent. The cognitive mechanisms required for such modeling include deduction, analogy, inductive generalization, and the formation and evaluation of explanatory hypotheses. Explanatory coherence theory captures part of what is involved in APS, particularly in cases involving deception.

The discussion begins with a familiar and defensible characterization of the eureka moment, according to which it is the unexpected product of separate and often seemingly incompatible perspectives. The principal aim of the discussion is to explain how, so characterized, vision-related eureka moments can occur. To fulfill this aim, the discussion employs a notion of crosstalk, in which cognitive interference slightly increases as a result of the creative thinker's considerable, albeit only partly successful, pre-eureka cognitive effort. Such crosstalk, it is (...) suggested, is likely to occur when top-down visual imaging repeatedly stimulates pyramidal cells closely apposed to others that, although simultaneously active, are part of bottom-up visual perception that is initially cognitively unrelated to such imaging. It is further suggested that local circuitry, in the form of inhibitory interneurons, can synchronize cells associated with these initially separate processes, thus causing subsequent perceptual patterns to be subtly modified by pre-eureka problem-solving imagery. This modification, it is claimed, may help explain the unexpected shift in visual perception that accompanies the creative thinker's eureka moment, a shift that can improve the thinker's subsequent understanding of the relevance of information to a problem's solution. (shrink)

At a recent rally, Donald Trump resumed a habit he had developed during his election-rallies and read out the lyrics to a song. It tells the Aesopian fable of The Farmer and the Snake: A half frozen snake is taken in by a kind-hearted person but bites them the moment it is revived. Trump tells the fable to make a point about Islamic immigrants and undocumented immigrants from Southern and Central America: He claims the immigrants will cause problems and much (...) stricter immigration-policies are needed. I assume that Trump treats the fable as an argumentative device for supporting his stance on immigration. He uses it as a source-analogue both for the conclusion that immigrants will cause problems and for changing the frame in which immigrants and those willing to let them enter are seen. This gives me opportunity to examine the effect fables have as argumentative devices. Fables are a popular and effective choice for political argumentation. They are slimmed down, semi-abstract narratives, well suited for directing the audience's attention to a few properties of an otherwise complex situation. However, this also makes it easy to use them for manipulating an audience into oversimplifying complex contexts and stereotyping human beings. (shrink)

This paper investigates the process of reasoning through which a judge determines whether a precedent-case gives her a binding reason to follow in her present-case. I review the objections that have been raised against the two main accounts of reasoning by precedent: the rule-account and the analogy-account. I argue that both accounts can be made viable by amending them to meet the objections. Nonetheless, I believe that there is an argument for preferring accounts that integrate analogical reasoning: any account of (...) reasoning by precedent that is descriptively minimally adequate will leave some room for judicial discretion. Discretion should be used under consideration of the best legally relevant arguments for and against a decision. Integrating analogical reasoning helps the judge to bring to her own attention the strongest case for following. Analogical reasoning also eases the recognition of possible reasons for distinguishing. Thereby, it facilitates a more balanced decision-making process. (shrink)

Arguers sometimes cite a decision made in an earlier situation as a reason for making the equivalent decision in a later situation. I argue that there are two kinds of “case-to-case arguments”. First, there are arguments by precedent, which cite the mere existence of the past decision as a reason to decide in the same way again now, independent of the past decision’s merits. Second, there are case-to-case arguments from parralel reasoning which presuppose that the past decision was justified and (...) are used to show that an equivalent present decision would also be justified. Both arguments are a type of argument by analogy. They differ in their structures and conditions of cogency, even though they often look the same in presentation. Their similar appearance poses a risk of miss-evaluation and fallacious use. Therefore a clearly theorized distinction is important. (shrink)

A number of theoretical positions in psychology—including variants of case‐based reasoning, instance‐based analogy, and connectionist models—maintain that abstract rules are not involved in human reasoning, or at best play a minor role. Other views hold that the use of abstract rules is a core aspect of human reasoning. We propose eight criteria for determining whether or not people use abstract rules in reasoning, and examine evidence relevant to each criterion for several rule systems. We argue that there is substantial evidence (...) that several different inferential rules, including modus ponens, contractual rules, causal rules, and the law of large numbers, are used in solving everyday problems. We discuss the implications for various theoretical positions and consider hybrid mechanisms that combine aspects of instance and rule models. (shrink)