Can the evidence provided by software systems meet the standard of proof for civil or criminal cases, and is it individualized evidence? Or, to the contrary, do software systems exclusively provide bare statistical evidence? In this paper, we argue that there are cases in which evidence in the form of probabilities computed by software systems is not bare statistical evidence, and is thus able to meet the standard of proof. First, based on the case of State v. Loomis, (...) we investigate recidivism predictions provided by software systems used in the courtroom. Here, we raise problems for software systems that provide predictions that are based on bare statistical evidence. Second, by examining the case of People v. Chubbs, we argue that the statistical evidence provided by software systems in cold hit DNA cases may in some cases suffice for individualized evidence, on a view on which individualized evidence is evidence that normically supports the relevant proposition (Smith, in Mind 127:1193–1218, 2018). (shrink)

Much of the science and religion debate has focussed on statistics. The chapters in this section go beyond bare statistics by examining more nuanced studies of science, religion and education with the aim of developing a deeper understanding of the issues at play when attempting to deal with the issues of science and religion in the classroom.

Courts and jurors sometimes refuse to assign liability to defendants on the basis of statistics alone, despite their apparent reliability. I argue that this refusal is best understood as a recognition of defendants’ right to security. Understood as a robust good in Philip Pettit’s sense, security requires that someone risking harm to others’ protected interests adopt a disposition of concern that controls against wrongfully harming them. Since trials risk harm, the state must adopt such a disposition. Statistics leave (...) open the possibility of innocence and so wrongful harm in a way that the state cannot ignore; if it does use such statistics, it makes defendants wrongfully insecure. This explanation of the problem of bare statistical evidence is especially apt because security grounds the right to a fair trial and judicial procedural rights more generally. (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms (...) that apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

Martin Smith has recently proposed, in this journal, a novel and intriguing approach to puzzles and paradoxes in evidence law arising from the evidential standard of the Preponderance of the Evidence. According to Smith, the relation of normic support provides us with an elegant solution to those puzzles. In this paper I develop a counterexample to Smith’s approach and argue that normic support can neither account for our reluctance to base affirmative verdicts on bare statistical evidence nor resolve the (...) pertinent paradoxes. Normic support is, as a consequence, not a successful epistemic anti-luck condition. (shrink)

The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical Evidence. (...) While this puzzle has led to the development of a multitude of accounts and approaches in the legal literature, I argue here that the problem can be resolved fairly straightforwardly within a knowledge-first framework. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there (...) are multiple sources of incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

Many theorists hold that outright verdicts based on bare statistical evidence are unwarranted. Bare statistical evidence may support high credence, on these views, but does not support outright belief or legal verdicts of culpability. The vignettes that constitute the lottery paradox and the proof paradox are marshalled to support this claim. Some theorists argue, furthermore, that examples of profiling also indicate that bare statistical evidence is insufficient for warranting outright verdicts.I examine Pritchard's and Buchak's treatments of these (...) three kinds of case. Pritchard argues that his safety condition explains the insufficiency of bare statistical evidence for outright verdicts in each of the three cases, while Buchak argues that her treatment of the distinction between credence and belief explains this. In these discussions the three kinds of cases – lottery, proof paradox, and profiling – are treated alike. The cases are taken to exhibit the same epistemic features. I identity significant overlooked epistemic differences amongst these three cases; these differences cast doubt on Pritchard's explanation of the insufficiency of bare statistical evidence for outright verdicts. Finally, I raise the question of whether we should aim for a unified explanation of the three paradoxes. (shrink)

Recent attempts to resolve the Paradox of the Gatecrasher rest on a now familiar distinction between individual and bare statistical evidence. This paper investigates two such approaches, the causal approach to individual evidence and a recently influential (and award-winning) modal account that explicates individual evidence in terms of Nozick's notion of sensitivity. This paper offers counterexamples to both approaches, explicates a problem concerning necessary truths for the sensitivity account, and argues that either view is implausibly committed to the impossibility (...) of no-fault wrongful convictions. The paper finally concludes that the distinction between individual and bare statistical evidence cannot be maintained in terms of causation or sensitivity. We have to look elsewhere for a solution of the Paradox of the Gatecrasher. (shrink)

Spin-statistics transmutation is the phenomenon occurring when a “dressing” transformation introduced for physical reasons (e.g. gauge invariance) modifies the “bare” spin and statistics of particles or fields. Historically, it first appeared in Quantum Mechanics and in semiclassical approximation to Quantum Field Theory. After a brief historical introduction, we sketch how to describe such phenomenon in Quantum Field Theory beyond the semiclassical approximation, using a path-integral formulation of euclidean correlation functions, exemplifying with anyons, dyons and skyrmions.

What, if anything, is epistemically wrong with beliefs involving accurate statistical generalizations about demographic groups? This paper argues that there is a perfectly general, underappreciated epistemic flaw which affects both ethically charged and uncharged statistical generalizations. Though common to both, this flaw can also explain why demographic statistical generalizations give rise to the concerns they do. To identify this flaw, we need to distinguish between the accuracy and the projectability of statistical beliefs. Statistical beliefs are accompanied by an implicit representation (...) of the statistic's modal profile. Their modal profile determines the circumstances in which they can legitimately be projected to unobserved instances. Errors in that implicit content can be compatible with the accuracy of the “bare” statistic, whilst systematically leading to downstream errors in reasoning, in a manner which reveals an epistemic flaw with an important aspect of the belief state itself. (shrink)

I try to revive, and possibly reconcile, a debate started a few years ago, about the relative roles of a bare cosmological constant and of a vacuum energy, by taking the attitude to try to get the most from the physics now available as established. I notice that the bare cosmological constant of the Einstein equations, which is there ever since GR emerged, is actually constrained (if not measured) indirectly combining the effective cosmological constant observed now, as given (...) by ΛCDM Precision Cosmology, with the cumulative vacuum contribution of the particles of the Standard Model, SM. This comes out when the vacuum energy is regularized, as given by many Authors, still within well established Quantum Field Theory, QFT, but without violating Lorentz invariance. The fine tuning, implied by the compensation to a small positive value of the two large contributions, could be seen as offered by Nature, which provides one more fundamental constant, the bare Lambda. The possibility is then discussed of constraining (measuring) directly such a bare cosmological constant by the features of primordial gravitational wave signals coming from epoch’s precedent to the creation of particles. I comment on possibilities that would be lethal, that is if the vacuum does not gravitate. This last issue is often raised, and I discuss the current situation about. Finally a hint is briefly discussed for a possible “bare Lambda inflation” process. (shrink)

This article reconsiders Sartre's seminal 1945 talk, “Existentialism is a Humanism,” and the stakes of the humanism debate in France by looking at the immediate political context that has been overlooked in previous discussions of the text. It analyses the political discussion of the term “humanism” during the French national elections of 1945 and the rumbling debate over Sartre's philosophy that culminated in his presentation to the Club Maintenant, just one week after France went to the polls. A consideration of (...) this context helps explain both the rise, and later the decline, of existentialism in France, when, in the changing political climate, humanism lost its centrality, setting the stage for new antihumanist criticisms of Sartre's work. (shrink)

In the middle decades of the twentieth century phenomenology grew from a local philosophy in a few German towns into a movement that spanned Europe. In Converts to the Real, Edward Baring uncovers an unexpected force behind this prodigious growth: Catholicism. Participating in a tightly-knit transnational community, Catholics helped shuttle ideas between national traditions that were otherwise inward-looking and parochial. In the first half of the twentieth century, they wrote many of the first articles and books introducing phenomenological ideas to (...) new contexts. They even organized the rescue of Edmund Husserl's manuscripts out of Nazi Germany in 1938. But the Catholic fascination with phenomenology was intermixed with a profound anxiety. Catholics worried that phenomenological ideas might prove dangerous to the faith, a possibility exemplified by the intellectual trajectory of Martin Heidegger, whose movement away from the Church was facilitated by his reading of Husserl. Converts to the Real uncovers a surprising genealogy for post-war European thought, with important implications for our understanding of the process of secularization and for the set of schools and ideas we now call "continental philosophy."--. (shrink)

In this powerful new study Edward Baring sheds fresh light on Jacques Derrida, one of the most influential yet controversial intellectuals of the twentieth century. Reading Derrida from a historical perspective and drawing on new archival sources, The Young Derrida and French Philosophy shows how Derrida's thought arose in the closely contested space of post-war French intellectual life, developing in response to Sartrian existentialism, religious philosophy and the structuralism that found its base at the École Normale Supe;rieure. In a history (...) of the philosophical movements and academic institutions of post-war France, Baring paints a portrait of a community caught between humanism and anti-humanism, providing a radically new interpretation of the genesis of deconstruction and of one of the most vibrant intellectual moments of modern times. (shrink)

SummaryThis article examines the international debate over the most appropriate name for what became known as ‘existentialism’. It starts by detailing the diverse strands of the Kierkegaard reception in Germany in the early inter-war period, which were given a variety of labels—Existentialismus, Existenzphilosophie, Existentialphilosophie and existentielle Philosophie—and shows how, as these words were translated into other languages, the differences between them were effaced. This process helps explain how over the 1930s a remarkably heterogeneous group of thinkers came to be included (...) under the same label. The article then shows how the word ‘existentialism’ and its cognates in other languages gained prominence because they were considered to represent best the diversity and richness of the movement. In detailing this process the article helps elucidate how existentialism emerged as an international philosophy in the period immediately following World War II, and sheds light on the ambivalence with which many have viewed both the term and the philosophy it represents. (shrink)

The present study focuses on a grammatical category called evidentiality. The primary meaning of evidentiality is concerned with information source. That is, it expresses whether something has been seen, heard or inferred. The aim here is to conduct a conceptual study of evidentiality in which use is made of formal tools. The fundamental intuition is that the distinction between ‘evidence’as ‘proof’and ‘evidentiality’as ‘to do with proof’is a crucial one. Evidentiality is a dynamic notion to be analysed through the use of (...) knowledge by the agents, a knowledge in action, which involves an in-coming state and an out-coming state that is typical of the transmission of information. We propose our own approach in which the dynamics of knowledge in action is grasped in the context of a dynamic epistemic logic. (shrink)

Mirativity is a grammatical category or a linguistic strategy that makes explicit the surprising aspect of a piece of information. Different mirativity strategies appear in different languages. Evidentiality is a grammatical category that explicitly expresses the source of information, i.e. if something has been seen, heard or inferred. Whether mirativity forms part of evidentiality is an open question. An agent makes use of a mirativity marker when she or he expresses something about a surprising fact with respect to her or (...) his background knowledge. But there are different kinds of mirativity markers. Some of them are simple and direct and others, more complex, involve inferential processes. Here, we focus on complex mirativity and we compare it with inferred evidentials and deferred realizations. Our proposal goes beyond the purely linguistic analysis, since we try to interpret mirativity, and its role in interaction, as forming part of or involving a particular kind of inference, namely abduction. Mirativity can be used to express the surprising state that triggers an abductive reasoning but it can also encapsulate its result in such a way that it can be understood in relation to evidentiality. Thus, at least in some cases of complex mirativity, mirativity may convey indication about the source of information. Interesting for studies on dialogue is that they also indicate the degree of commitment of the speakers with the content of their own utterances. (shrink)

The negative particles lā/ ’al in Ugaritic change from positive to negative in modal contexts, conditional, questions, disjunctions, etc. They have usually been studied from a Semitic and linguistic points of view. On the basis of their occurrence in Ugaritic texts, we pretend to explain their uncommon behaviour from a philosophical and logico-semantic perspective. Is it possible to translate this linguistic structure in our Modern languages? Starting from a general view of their use in Ugaritic language, we claim that this (...) phenomenon can be more clearly understood in relation to modality. We interpret these negation as a negative evidential paradigm and we explain how they change in different contexts. Methodologically, we make use of formal tools of Dynamic Epistemic Logic in order to provide a more fine-grained understanding of these negations, and their dynamics. (shrink)

This paper deals with the ontological genesis of the series point-line-plane-solid in Plato’s philosophy. The texts of the Dialogues concerning this subject are presented, and passages of the Unwritten Doctrines that we know from Aristotle and other sources are specially considered. Certain problems within this context, such as the postulation of indivisible Iines, or the relation between each of the dimensions and the figures that can be placed in them, are considered in detail.

This essay reads Derrida's early work within the context of the history of philosophy as an academic field in France. Derrida was charged with instruction in the history of philosophy at the École Normale Supérieure, and much of his own training focused on this aspect of philosophical study. The influence of French history of philosophy can be seen in Derrida's work before Of Grammatology, especially in his unpublished lectures for a 1964 course entitled “History and Truth,” in which he analyzed (...) the semantic richness of the word “history.” According to Derrida, “history” comprised both the ideas of change and of transmission, which allowed the writing of history at a later time. In the Western tradition, Derrida suggested, philosophers had consistently tried to reduce the idea of history as transmission, casting it simply as empirical development in order to preserve the idea that truth could be timeless. Derrida's account of the evolving opposition between history and truth within the history of philosophy led him to suggest a “history of truth” that transcended and structured the opposition. I argue that Derrida's strategies in these early lectures are critical for understanding his later and more famous deconstruction of speech and writing. Moreover, the impact of this early confrontation with the problem of history and truth helps explain the ambivalent response by historians to Derrida's analyses. (shrink)

Resumen: Nos proponemos recorrer un delimitado tramo del corpus nietzscheano a fin de poner en diálogo el ideario de El nacimiento de la tragedia con el de Humano demasiado humano. Se trata de ofrecer las líneas de lectura que justifiquen la siguiente interpretación: aun cuando Nietzsche, a fines de los setenta del siglo XIX, desista de la posibilidad de acceder a la realidad en sí desde la inmediatez dionisíaca, mantiene la pretensión de avanzar en un conocimiento profundo de sí mismo (...) y la realidad, que contraste con los errores heredados de épocas metafísicas y artísticas pasadas, y conserva el interés por una modalidad de conocimiento autoexperimental que sirva de procedimiento iniciático para nuevas prácticas filosóficas.: We propose to do a lecture tour of a limited stretch of Nietzsche’s corpus to put into dialogue the ideas of The Birth of Tragedy with those of Human, All Too Human. The work’s aim is to provide the scan lines that justify the following interpretation: Although Nietzsche, in the late seventies of the nineteenth century, abandons the possibility of accessing to reality itself from the Dionysian immediacy, he maintains the aspiration of advancing in a deep knowledge of himself and reality, that contrasts with the inherited errors of artistic and metaphysical times in the past. Additionally, he retains the interest in a form of self-experimental knowledge to serve as an initiation process for new philosophical practices. (shrink)

In the first part of this article I will explore the reasons for the loss of the Divine Feminine and the powerful mythologies and beliefs which have structured our present view of reality. These have split Nature from Spirit and mind from soul and led to the idea of our dominance of Nature rather than to a caring relationship with it. In the second part I will explore the transformation of this outdated view as our consciousness moves to a new (...) level of understanding and embraces a New Story. The greatest challenge of our time is to heal the split between Spirit and Nature and reconnect our rational mind with our neglected soul. (shrink)

The thematization of writing has often been seen as Derrida's personal contribution to modern philosophy, but it is significant that in his earliest extended discussions of it, he presented it as a sign of the times. This chapter focuses on Derrida's discussion of writing in the first part of Of Grammatology and provides an analysis of its stakes by bringing it into conversation with Althusser's new theory of reading. Althusser was the most powerful figure in the philosophy department. Derrida's first (...) publication, the “Introduction” was a contribution to the history and philosophy of science, a fact recognized by the Société des Amis de Jean Cavaillès, which awarded it their book prize in 1964. Writing, especially mathematical writing, for instance in algebra, seemed to represent best the formal systems of mathematics. (shrink)