In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.2 (2000) 101-115 [Access article in PDF] Case Study of the Use of a Circumstantial Ad Hominem in Political Argumentation Douglas Walton In the 1860s, Northern newspapers attacked Lincoln's policies by attacking his character, using the terms drunk, baboon, too slow, foolish, and dishonest. Steadily on the increase in political argumentation since then, the argumentum ad hominem has been carefully refined as an instrument of (...) "oppo tactics" and "going negative" by the public relations experts who now craft political campaigns at the national level. It has been so prominently used in the major political campaigns, debates, and advertisements of the past few years that there has even been a reaction against it--a feeling that we have gone too far in this direction and that some kind of restraint is needed. 1 But there has been no evidence of such restraint in the argumentation used in recent campaigns. Perhaps what might be helpful is a better understanding on the part of voters and campaigners of how to evaluate ad hominem arguments critically.How does the ad hominem argument really work as a way of molding public opinion, why is it so often so effective, and how can it be defended against? How can it be evaluated as a clearly identifiable type of argument, by some kind of objective standards, in a way that can be applied to particular cases? These appear to be tough questions, but recent research has made some not inconsiderable progress toward answering them.The purpose of this article is to present a new case study of a type of argument commonly used in political discourse, a case study that makes use of the dialectical normative framework for identifying and evaluating personal attack (ad hominem) arguments that is developed in a series of works by Henry W. Johnstone Jr. (1952); Alan Brinton (1985, 1995); Frans H. van Eemeren and Rob Grootendorst (1984, 1995); Erik C. W. Krabbe and Douglas N. Walton (1993), Walton (1989, chap. 6; 1998); and van Eemeren, Grootendorst, Francisca Snoeck Henkemans et al. (1996). This particular case, although typical of so many ad hominem arguments currently [End Page 101] in use in political discourse, has some special features that turn out to be quite interesting not only in showing how the dialectical framework applies to cases, but also in advancing our knowledge of how the ad hominem type of argument works in political argumentation in a democratic system for which the media reportage of events is a big factor in influencing voting. 1. Framework for analysis and evaluation Although the argumentum ad hominem, or personal attack argument, has been traditionally treated as a fallacy in logic, recent research in argumentation (as cited above) shows that, in many cases,--including cases in political argumentation--ad hominem arguments, as used in conversational arguments, are not fallacious. Research has shown that, while some personal attack arguments can definitely be judged fallacious, many others are quite reasonable (when evaluated in the appropriate context), while still others should be evaluated as weak (insufficiently supported) but not fallacious. As shown in this case study, the real function of an ad hominem argument (when properly used) is to attack an arguer's credibility in order to criticize the argument she advocates.Before going any further, it is necessary to define some terminology brought to use in the research cited above. An ad hominem argument is the use of personal attack in a dialogue exchange between two parties, where the one party attacks the character of the other party as bad, in some respect, and then uses this attack as a basis for criticizing the other party's argument. An argument is fallacious if it is a special baptizable (Johnson 1987) type of argument that is used by one party in a dialogue exchange in such a way that it blocks or interferes with the collaborative realization of the goal of the type of dialogue in which the two participants are supposed to be engaged (Walton 1995). Thus, there is a difference between a weak... (shrink)

This paper looks into the known evidence on the origins of the type of argument called the circumstantial ad hominemargument in modern logic textbooks, and introduces some new evidence. This new evidence comes primarily from recent historical work by Jaap Mansfeld and Jonathan Barnes citing many cases where philosophers in the ancient world were attacked on the grounds that their personal actions failed to be consistent with their philosophical teachings. On the total body of evidence, (...) two hypotheses about the roots of the circumstantial ad hominem are considered. One is that it came from Aristotle through Locke. The other is that it may have had separate roots in these ancient philosophical writings that criticized philosophers for not practicing what they preached. (shrink)

How should we evaluate an argument in which two witnesses independently testify to some claim? In fact what would happen is that the testimony of the second witness would be taken to corroborate that of the first to some extent, thereby boosting up the plausibility of the first argument from testimony. But does that commit the fallacy of double counting, because the second testimony is already taken as independent evidence supporting the claim? Perhaps the corroboration effect should be considered (...) illogical, since each premise should be seen as representing a separate reason in a convergent argument for accepting the claim as plausible. In this paper, we tackle the problem using argumentation schemes and argument diagramming. We examine a number of examples, and come up with two hypotheses that offer methods of analyzing and evaluating this kind of evidence. (shrink)

There are two views of the ad hominem argument found in the textbooks and other traditional treatments of this argument, the Lockean or ex concessis view and the view of ad hominem as personal attack. This article addresses problems posed by this ambiguity. In particular, it discusses the problem of whether Aristotle's description of the ex concessis type of argument should count as evidence that he had identified the circumstantial ad hominem argument. Argumentation schemes are used as the (...) basis for drawing a distinction between this latter form of argument and another called argument from commitment, corresponding to the ex concessis argument. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.2 (2000) 101-115 [Access article in PDF] Case Study of the Use of a Circumstantial Ad Hominem in Political Argumentation Douglas Walton In the 1860s, Northern newspapers attacked Lincoln's policies by attacking his character, using the terms drunk, baboon, too slow, foolish, and dishonest. Steadily on the increase in political argumentation since then, the argumentum ad hominem has been carefully refined as an instrument of (...) "oppo tactics" and "going negative" by the public relations experts who now craft political campaigns at the national level. It has been so prominently used in the major political campaigns, debates, and advertisements of the past few years that there has even been a reaction against it--a feeling that we have gone too far in this direction and that some kind of restraint is needed. 1 But there has been no evidence of such restraint in the argumentation used in recent campaigns. Perhaps what might be helpful is a better understanding on the part of voters and campaigners of how to evaluate ad hominem arguments critically.How does the ad hominem argument really work as a way of molding public opinion, why is it so often so effective, and how can it be defended against? How can it be evaluated as a clearly identifiable type of argument, by some kind of objective standards, in a way that can be applied to particular cases? These appear to be tough questions, but recent research has made some not inconsiderable progress toward answering them.The purpose of this article is to present a new case study of a type of argument commonly used in political discourse, a case study that makes use of the dialectical normative framework for identifying and evaluating personal attack (ad hominem) arguments that is developed in a series of works by Henry W. Johnstone Jr. (1952); Alan Brinton (1985, 1995); Frans H. van Eemeren and Rob Grootendorst (1984, 1995); Erik C. W. Krabbe and Douglas N. Walton (1993), Walton (1989, chap. 6; 1998); and van Eemeren, Grootendorst, Francisca Snoeck Henkemans et al. (1996). This particular case, although typical of so many ad hominem arguments currently [End Page 101] in use in political discourse, has some special features that turn out to be quite interesting not only in showing how the dialectical framework applies to cases, but also in advancing our knowledge of how the ad hominem type of argument works in political argumentation in a democratic system for which the media reportage of events is a big factor in influencing voting. 1. Framework for analysis and evaluation Although the argumentum ad hominem, or personal attack argument, has been traditionally treated as a fallacy in logic, recent research in argumentation (as cited above) shows that, in many cases,--including cases in political argumentation--ad hominem arguments, as used in conversational arguments, are not fallacious. Research has shown that, while some personal attack arguments can definitely be judged fallacious, many others are quite reasonable (when evaluated in the appropriate context), while still others should be evaluated as weak (insufficiently supported) but not fallacious. As shown in this case study, the real function of an ad hominem argument (when properly used) is to attack an arguer's credibility in order to criticize the argument she advocates.Before going any further, it is necessary to define some terminology brought to use in the research cited above. An ad hominem argument is the use of personal attack in a dialogue exchange between two parties, where the one party attacks the character of the other party as bad, in some respect, and then uses this attack as a basis for criticizing the other party's argument. An argument is fallacious if it is a special baptizable (Johnson 1987) type of argument that is used by one party in a dialogue exchange in such a way that it blocks or interferes with the collaborative realization of the goal of the type of dialogue in which the two participants are supposed to be engaged (Walton 1995). Thus, there is a difference between a weak... (shrink)

What motives underlie the ways humans interact socially? Are these the same for all societies? Are these part of our nature, or influenced by our environments?Over the last decade, research in experimental economics has emphatically falsified the textbook representation of Homo economicus. Literally hundreds of experiments suggest that people care not only about their own material payoffs, but also about such things as fairness, equity and reciprocity. However, this research left fundamental questions unanswered: Are such social preferences stable components of (...) human nature; or, are they modulated by economic, social and cultural environments? Until now, experimental research could not address this question because virtually all subjects had been university students, and while there are cultural differences among student populations throughout the world, these differences are small compared to the full range of human social and cultural environments. A vast amount of ethnographic and historical research suggests that people's motives are influenced by economic, social, and cultural environments, yet such methods can only yield circumstantial evidence about human motives. Combining ethnographic and experimental approaches to fill this gap, this book breaks new ground in reporting the results of a large cross-cultural study aimed at determining the sources of social preferences that underlie the diversity of human sociality. The same experiments which provided evidence for social preferences among university students were performed in fifteen small-scale societies exhibiting a wide variety of social, economic and cultural conditions by experienced field researchers who had also done long-term ethnographic field work in these societies. The findings of these experiments demonstrated that no society in which experimental behaviour is consistent with the canonical model of self-interest. Indeed, results showed that the variation in behaviour is far greater than previously thought, and that the differences between societies in market integration and the importance of cooperation explain a substantial portion of this variation, which individual-level economic and demographic variables could not. Finally, the extent to which experimental play mirrors patterns of interaction found in everyday life is traced.The book starts with a succinct but substantive introduction to the use of game theory as an analytical tool and its use in the social sciences for the rigorous testing of hypotheses about fundamental aspects of social behaviour outside artificially constructed laboratories. The results of the fifteen case studies are summarized in a suggestive chapter about the scope of the project. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:More Evidence that Hume Wrote the Abstract David Fate Norton In the preceding paper, David Raynor has offered several reasons for discounting J. O. Nelson's unfounded claim that Adam Smith was the author ofAn Abstract of..."A Treatise ofHuman Nature." Prior to the discovery ofa copy ofthis work, it may have been plausible to suppose that the Abstract was written by someone other than Hume, but the internal (...) class='Hi'>evidence ofthe pamphlet is so strongly in favour of Humean authorship that not even Nelson can bring himself to question this evidence—although he now chooses to ignore it. Given that Nelson's argument rests on the far from compelling assumption that in 1740 there were two and onlytwoMr. Smith's ofwhom Humehadknowledge and whomayhave had an interest in writingor publishing philosophy, it is especially useful to have William Smith, publisher of the Bibliothèque raisonnée, brought again to our attention, and especially since it is obvious that a copy of the Abstract had been sent to that journal prior to the pubUcation ofthe review ofthe Treatise published there in the spring of1740.1 In short, Raynor nicely shows why Keynes and Sraffa were wrong to suppose that Hume, Hutcheson and John Noon were all involved in a conspiracy to undercut Noon's interest by publishing an Irish edition ofthe Treatise2 and why Nelson is wrong to suppose that ifthe "Mr Smith" ofHume's letter is not John Smith of Dublin, then he can only be Adam Smith, and that thelatter musthave written the Abstract. I wish to consider further evidence, some of it circumstantial, relevant to this discussion. This evidence adds probability, I submit, to the conclusion that Hume wrote the Abstract. 1. In the autumn of1737 Hume told Henry Home that he could not give him a "general Notion ofthe Plan" or "Abridgement" ofwhat was to be the Treatise. A careless reading ofthe Abstract might lead one to suppose that this is evidence that Hume did not write this short work. But in fact the Abstract is not an abridgement. It is an effort to make clearer, by carefully tracing "one simple argument... from the beginning to the end," a work thathad been "complained of as obscure and difficult." 3 The available evidence confirms one in the belief that Hume could not abridge the Treatise, but on several occasions he did recast parts ofit in more accessible form. The first such recasting was theAbstract. That this briefworkis not merely an abridgement makes Volume XIX Number 1 217 DAVID FATE NORTON itless likely, I suggest, thatit was written by anyone other than Hume himself.4 2.The Abstract, although said to be "Printed for C. [C]orbet,B at Addison's Head, over-against St. Dunstan's Church, in Fleet-street," wasinfactprintedbyWilUam Strahan, fornone otherthanJohnNoon, the publisher of the Treatise.6 This we know from Strahan's ledgers. These are preservedin the British Library.7Moreover, onApril 19 and 20, 1739, Corbett placed the following advertisement in the London Daily Post and GeneralAdvertiser: Gentlemen, As I have very lately undertaken the Business ofa PubUsher, so will I as faithfully execute it, if at any time you please to employ, Your most Obedient, Humble Servant, Charles Corbett, Who will Inviolably keep secret all Names of Authors, Proprietors, &c. whatever. The fact that Corbett indicates his willingness to undertake clandestine, vanity publishing gives all the explanation one needs of his willingness to become front man for a puffproduced by Hume, and financed, as the Abstract was, by Hume's publisher.8 The fact that it was Noon who arranged for the London printing of the Abstract in no way proves that this work was written by Hume, but it is another bit ofevidence supportive ofthatconclusion,foritindicates thatNoon was in on the effort to publicize the poorly selling volumes ofthe Treatise that he had published.9 3.Robert Connon found a copy of volume three of the Treatise containing extensive manuscript amendments in Hume's hand. As he has also reported, a copy of the Abstract is bound together with this copy ofvolume three, and this copy ofthe Abstract is also amended by Hume. These amendments appear to be those of an author, not... (shrink)

This article presents original empirical data generated from the Crown Prosecution Service (CPS) Pilot Evaluation of pre-trial witness interviewing (PTWI) in England and Wales. Section 1 introduces the PTWI Pilot and describes the methodological strengths and limitations of our qualitative socio-legal study. Forming the richly documented empirical core of the article, Sections 2–5 identify the principal considerations which seemed to influence case selection for Pilot interviews. An overlapping collection of evidentiary, strategic and circumstantial factors encouraged prosecutors to resort to (...) PTWI, whilst other, countervailing considerations were apprehended as disincentives. Assessments of witness credibility were central to prosecutors’ attempts to balance these competing factors. Section 6 concludes by underlining the potential of qualitative socio-legal studies to promote more nuanced understandings of criminal process, and by extension to make practical contributions to evidence-based criminal procedure reform. (shrink)

In criminal cases at common law, juries are permitted to convict on wholly circumstantial evidence even in the face of a reasonable case for acquittal. This generates the highly counterintuitive—if not absurd—consequence that there being reason to think that the accused didn’t do it is not reason to doubt that he did. This is the no-reason-to-doubt problem. It has a technical solution provided that the evidence on which it is reasonable to think that the accused didn’t do (...) it is a different subset of the total evidence from that on which there is no reason to doubt that he did do it. It lies in the adversarial nature of criminal proceedings in the common law tradition that the subsets of the total evidence on which counsel base their opposing arguments are themselves different from and often incompatible with one another. While this solves the no-reason-to-doubt problem, it does so at the cost of triggering a second problem just as bad. It is the no-rival problem, according to which incompatible theories of the case based on incompatible subsets of the evidence cannot be rivals of one another. If neither party’s case contradicts the other’s then, by the burden of proof requirement, criminal convictions are impossible. Once having generated the dilemma, the object of the paper is to determine how it might be escaped. (shrink)

Whereas many researchers see a heuristic potential in the covert REM sleep model for explaining NREM sleep mentation and associated phenomena, many others are unconvinced of its value. At present, there is much circumstantial support for the model, but validation is lacking on many points. Supportive findings from several additional studies are summarized with results from two new studies showing (1) NREM mentation is correlated with duration of prior REM sleep, and (2) REM sleep signs (eye movements, phasic EMG) (...) occur frequently in NREM sleep. The covert REM sleep model represents one class of explanatory models that combines the two assumptions of mind-body isomorphism and a 1-gen mentation generator; its future development will depend largely upon a more detailed understanding of sleep state interactions and their contribution to mind-body isomorphisms. (shrink)

Nurses in Ghana believe that training, practise, practitioner and policy reforms are required for total nursing profession reform to be effective. Their views for role reformation in the nursing profession, which is currently needed, are not only academic but also clinically relevant in the pursuit of health equity and quality nursing care. We explored and described nurses’ views on their roles in the profession using data collected from 24 professional nurses in three regional hospitals in Ghana. Using an inductive descriptive (...) qualitative design, data were gathered and analysed using a qualitative content analysis to describe the views of the nurses. Four major themes, namely practise reforms, practitioner reforms, training reforms and policy reforms have emerged in relation to role reformation in the nursing profession. Three strategic areas, practitioner attitudes, new training modalities and policy realignment, must be reviewed and remodelled for better positioning of the nursing profession before its entire role reformation. (shrink)

Contents \t\t\t\t\t \tTRANSLATOR'S INTRODUCTION \t\t1 \t \tNOTE ON THE TRANSLATION \t\t39 \t OBSERVATIONS ON THE FEELING OF THE BEAUTIFUL AND SUBLIME \t\t\t\t\t \tSECTION ONE: \t\t\t\t \t\tOf the Distinct Objects of the Feeling of the Beautiful and Sublime \t\t45 \tSECTION TWO: \t\t\t\t \t\tOf the Attributes of the Beautiful and Sublime.

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)

This paper addresses the question: ‘what makes reasons sufficient?’ and offers the answer, ‘being at least as weighty as the reasons for the alternatives’. The paper starts by introducing some of the reasons why sufficiency has seemed difficult to understand, particularly in epistemology, and some circumstantial evidence that this has contributed to more general problems in the epistemological literature. It then introduces the positive account of sufficiency, and explains how this captures sufficiency in both the practical and epistemic (...) domains. Finally, the paper shows how once we understand the nature of sufficiency, it is easy to predict the full variety of ways in which rationality – both of action and of belief – can be defeated. (shrink)

If culture is defined as variation acquired and maintained by social learning, then culture is common in nature. However, cumulative cultural evolution resulting in behaviors that no individual could invent on their own is limited to humans, song birds, and perhaps chimpanzees. Circumstantial evidence suggests that cumulative cultural evolution requires the capacity for observational learning. Here, we analyze two models the evolution of psychological capacities that allow cumulative cultural evolution. Both models suggest that the conditions which allow the (...) evolution of such capacities when rare are much more stringent than the conditions which allow the maintenance of the capacities when common. This result follows from the fact that the assumed benefit of the capacities, cumulative cultural adaptation, cannot occur when the capacities are rare. These results suggest why such capacities may be rare in nature. (shrink)

If you say that whatever happens is justice, you will remain without any questions. People however, are out to look for justice and desire liberation as well. This is a contradiction. You cannot have both. Where questions end, liberation begins. In this science of ours, called Akram Vignan (the step less knowledge of the self) there remains no questions. That is why it is so easy for people to follow. Param Pujya Dadashri (master of spiritual science) has given the extraordinary (...) discovery to the world that there is never any injustice in this world. Whatever has happened is justice. Nature has never deviated from justice. Nature is not a person or a God who is under any influences. Nature means scientific circumstantial evidences. So many circumstances have to be right for a task to be accomplished. (shrink)

Stalking is a pattern of behavior over time in which a stalker seeks to gain access to, or control over, an unwilling victim. Such actions range from the benign to the malicious and may cause emotional distress or harm to the victim. With the widespread adoption of new technologies, new forums of Internet-mediated discourse now exist which offer stalkers unprecedented scope to locate and exert influence over victims. Cyberstalking, the convergence of stalking and cyberspace, has created new challenges for the (...) prevention, detection, and prosecution of this new phenomenon as the traditional methods of detection by witnesses and enforcement through physical restraining orders often are inadequate.In this paper we suggest a cryptographic approach for tracking cyberstalkers. We first define the threat model in terms of the profile of a cyberstalker, as well as legal and law enforcement constraints. We then describe a monitoring system that addresses the basic admissibility requirements of our threat model, by capturing and verifying circumstantial evidence for use in cyberstalking investigations. (shrink)

If culture is defined as variation acquired and maintained by social learning, then culture is common in nature. However, cumulative cultural evolution resulting in behaviors that no individual could invent on their own is limited to humans, song birds, and perhaps chimpanzees. Circumstantial evidence suggests that cumulative cultural evolution requires the capacity for observational learning. Here, we analyze two models the evolution of psychological capacities that allow cumulative cultural evolution. Both models suggest that the conditions which allow the (...) evolution of such capacities when rare are much more stringent than the conditions which allow the maintenance of the capacities when common. This result follows from the fact that the assumed benefit of the capacities, cumulative cultural adaptation, cannot occur when the capacities are rare. These results suggest why such capacities may be rare in nature. (shrink)

Use of argumentation methods applied to legal reasoning is a relatively new field of study. The book provides a survey of the leading problems, and outlines how future research using argumentation-based methods show great promise of leading to useful solutions. The problems studied include not only these of argument evaluation and argument invention, but also analysis of specific kinds of evidence commonly used in law, like witness testimony, circumstantial evidence, forensic evidence and character evidence. New (...) tools for analyzing these kinds of evidence are introduced. (shrink)

Using the scientific investigation of the Shroud of Turin as an extended example, it is argued that miracles are best understood not as violations of natural law, but as scientifically inexplicable events. It is then argued that even though we can imagine circumstances in which science itself might provide us with good grounds for believing that an event is scientifically inexplicable, these grounds would at best provide us with circumstantial evidence that the event was miraculous, and would in (...) any case be inconclusive. (shrink)

The purpose of this article is to explain why I believe that the Continuum Hypothesis (CH) is not a definite mathematical problem. My reason for that is that the concept of arbitrary set essential to its formulation is vague or underdetermined and there is no way to sharpen it without violating what it is supposed to be about. In addition, there is considerable circumstantial evidence to support the view that CH is not definite.

I hypothesize that people engage in religious practices, in part, because such practices activate the frontal lobes. Activation of the frontal lobes is both intrinsically rewarding and necessary for acquisition of many of the behaviors that religions seek to foster, including self‐responsibility, impulse and emotion modulation, empathy, moral insight, hope, and optimism. Although direct tests of the hypothesis are as yet nonexistent, there is reasonably strong circumstantial evidence (reviewed herein) for it. Recent brain‐imaging studies indicate greater anterior activation (...) values and increased blood flow to frontal sites during prayer and meditation. Regular prayer is positively correlated with better overall mental health. Religiosity is correlated with higher levels of self‐monitoring, empathy, and moral insight and other positive behaviors and negatively correlated with depression and impulsive and risky behaviors. Independent data show that self‐monitoring, empathy, hope, and moral insight are all selectively associated with intact frontal function, whereas depression, impulsiveness, and drug and alcohol abuse are associated selectively with frontal dysfunction. If religious practices do indeed preferentially activate and stimulate development of the frontal lobes, (a) religious practices should be considered as possible adjuncts for some patients in treatment for mental health disorders, and (b) the frontal lobes (rather than the temporal lobes) should be considered the major brain site that supports the core components of religious experience. (shrink)

This essay studies Moses Galeano, a Jewish scholar with ties to Crete and the Ottoman Sultan’s court, who traveled to the Veneto around 1500. After describing Galeano’s intellectual milieu, it focuses, first, on circumstantial evidence that he transmitted information central to the rise of Renaissance astronomy. Galeano knew of theories that strongly resemble portions of astronomy texts written by Giovanni Battista Amico and Girolamo Fracastoro at Padua a few decades later. He also knew about theories pioneered by the (...) Damascene Ibn al-Shā˙tir that strongly resemble portions of Copernicus’s work. Next, the article turns to concrete evidence showing that Galeano was part of a network of Jewish scholars who did have contact with Christian scholars in Europe. The essay concludes that, while it is impossible to prove that Galeano had direct contact with Copernicus, he most likely had contact with some European astronomer in the Veneto. (shrink)

Specification denotes the type of pattern that highly improbable events must exhibit before one is entitled to attribute them to intelligence. This paper analyzes the concept of specification and shows how it applies to design detection (i.e., the detection of intelligence on the basis of circumstantial evidence). Always in the background throughout this discussion is the fundamental question of Intelligent Design (ID): Can objects, even if nothing is known about how they arose, exhibit features that reliably signal the (...) action of an intelligent cause? This paper reviews, clarifies, and extends previous work on specification in my books The Design Inference and No Free Lunch. (shrink)

By inferences from fossil records and circumstantial evidences, it is now generally postulated that angiosperms have a much longer history than hitherto believed and that they have already existed probably in Jurassic time. Studies in vascular tissues and reproductive, structures have negated the possibility of originating angiosperms from various gymnosperm groups. Chronologically, this derivation will be also an impossibility.From a consideration of various aspects in the life history of angiosperms, a hypothesis is here presented postulating that protangiosperms originated in (...) an aquatic or subaquatic environment from an algal ancestry. The enclosure of ovules in the ovary is interpretated as a means of protection necessitated for the transmigration from an aquatic to an aerial habitat for the developing reproductive parts in the bud underwater. Trimery is suggested as a primitive condition, one that affords maximum efficiency in carrying out the purpose under the conditions.In the life history of angiosperms, the endosperm is of great significance in phylogeny. From morphological, physiological, cytological as well as genetical considerations, the endosperm should be regarded as of equal status with the gametophytic and sporophytic generations. There is no comparable structure in the gymnosperm groups and the ferns and “fern-allies”, while more or less similar conditions are present in the thallophytes. In the long life histories of many red algae, however, there is an especially notable resemblance to angiosperms, with certain details approaching the unique and characteristic features of the endosperms.Land plants are presumably all evolved from aquatic ancestors but instead of the usual concept of a monophyletic origin and lineal development of all vascular plants, a more plausible suggestion is the multiple and recurrent derivation of such plants from various algal ancestral groups. The angiosperms probably represent one of such major lines that originated more or less directly from a thallophytic ancestry. (shrink)

Many philosophers have assumed, without argument, that Wittgenstein influenced Austin. More often, however, this is vehemently denied, especially by those who knew Austin personally. We compile and assess the currently available evidence for Wittgenstein’s influence on Austin’s philosophy of language. Surprisingly, this has not been done before in any detail. On the basis of both textual and circumstantial evidence we show that Austin’s work demonstrates substantial engagement with Wittgenstein’s later philosophy. In particular, Austin’s 1940 paper, ‘The Meaning (...) of a Word’, should be construed as a direct response to and development of ideas he encountered in Wittgenstein’s Blue Book. Moreover, we argue that Austin’s mature speech-act theory in How to Do Things with Words was also significantly influenced by Wittgenstein. (shrink)

In ‘The Authorship of Sister Peg', David Raynor relies on circumstantial evidence, unsubstantiated hypotheses, and subjective analysis in an effort to dispute my article ‘Let Margaret Sleep' and claim the authorship of Sister Peg for David Hume. This reply focusses instead on the large body of documentary and testimonial evidence that has surfaced during the past forty years, which overwhelmingly and convincingly supports the attribution of Sister Peg to Adam Ferguson. New documentary evidence includes Ferguson's emendations (...) in Sir Walter Scott's copy of Sister Peg, an 1809 letter from Ferguson to Alexander Fraser Tytler and Tytler's response to it, and information about the early publishing history of the work – as well as a letter by Hume himself about his preoccupation with another project when Sister Peg was written. While no new contemporary testimonials alleging Hume's authorship have been discovered since the publication of Raynor's edition of Sister Peg in 1982, at least nine contemporary testimonials naming Ferguson as the author are now known. This reply refutes Raynor's attempts to discredit the most famous of these testimonials – the account of Ferguson's authorship in the memoirs of Alexander Carlyle – and shows that the others cannot be reduced to Carlyle’s influence. (shrink)

Trading on non-public material information is fertile ground for a discussion of ethical behavior. The long-running legal tug-of-war over what constitutes illegal insider trading delivers challenges to regulatory authorities charged with detecting and enforcing the law, and is likely one of the reasons that prosecution of insider trading events remains rather uncommon. One can observe both increased volume in the equity and option markets and run-ups in the stock price prior to the announcement of the acquisitions; however, the detection of (...) illegal or unethical insider trading can be difficult. Given the legal uncertainty around insider trading and the circumstantial evidence from the trading activity, it is almost impossible to identify unethical insider trades unless there is a whistleblower or trades are large in size and impeccable in timing. Using call option trading around two merger announcements with similar firms that resulted in different ultimate treatment from the SEC, we illustrate the struggle regulators and prosecutors have with identifying and enforcing unethical insider trades. (shrink)

Given the strong mimetic and dramatic qualities found in Judith the authors make the suggestion that perhaps, before LXX Judith became a fixed, written text, the basic fabula might well have been part of an oral tradition. The authors accept that an appropriately written dramatic work, whether transmitted through reading or an oral presentation, by means of its performative qualities, has the potential to achieve immediacy. Here, the audience may become captivated with its own familiarity and memory of popular, communally (...) shared narratives. Accordingly, this article attempts to find evidence in the Greek text of LXX Judith for a possible oral precursor. In this context, corroboration is sought for the employment of verbal aspect and mood of the Greek language as well as instances of drama, theatrics, bodily gestures, mnemonic devices or special emphasis on the employment of the senses such as sight, taste and smell. The authors suggest that based on an analysis of the text of Chapter 13, there is much circumstantial evidence for the Judith fabula once being an oral narrative – one that embodies the dramatic and even encourages audience participation. This characteristic strongly suggests the removal of the fourth wall – the notion of an imaginary boundary between any fictional work and its audience. Contribution: This article shows that Judith 13 is indeed the climax of the narrative. However, it goes further. It is a vivid scene with various performative aspects. There are props, dialogue and audience participation. This research is cutting-edge and paves the way for new explorations. (shrink)

Mammalian sperm undergo discharge of a single, anterior secretory granule following their attachment to the zona pellucida surrounding the oocyte. This secretory discharge is known for historical reasons as the acrosome reaction. It fulfils a number of purposes and without it, sperm are unable to penetrate the zona pellucida and fuse with the oocyte. In this review, we focus on the role of the acrosome reaction in the development of fusion competence in sperm. Any naturally occurring membrane fusion has two (...) major sequential steps: a docking or adhesion step, in which two membranes adhere, and a fusion step, in which their lipid bilayers are destabilized and merged and a cellular compartment is either created or destroyed. Recent evidence suggests that there is an important role for oocyte integrins and sperm‐bound disintegrins in mammalian sperm/oocyte adhesion and fusion. The fusion mechanism employed by sperm remains poorly understood, however, and circumstantial evidence suggests it is more complex than the interaction between a single protein species and its target. Sperm/oocyte fusion is probably the most accessible eukaryotic model for intercellular fusion currently available, partly because it is temporally separated from gene expression. Elucidation of the mechanism of sperm/oocyte fusion may throw light on the mechanism of other intercellular fusions such as myoblast fusion, and the evolutionary relationship of intercellular membrane fusion to intracellular membrane fusion. (shrink)

The purpose of this paper is, while discussing in detail Helmut Rüßmann's theory of judicial factfinding, to demonstrate how probability theory can be used in dealing with a situation where the court has not obtained full evidence, but probability assumptions are possible with regard to circumstantial evidence. After giving a brief overview of provisions of German law which include the concept of probability, elementary features of probability calculus and statistical inference are outlined. The focus of the discussion (...) of Rüßmann's theory is on evaluating testimony and on combining the impact of several pieces of evidence which bear on the same event or proposition; the relevant concepts of Ekelöf, Schreiber, Rüßmann and Dempster are analyzed and then compared with a new proposal. The paper concludes that alternative approaches to probability need not be invoked;,classical' probability calculus seems to best cope with the questions courts are confronted with in situations such as discussed in the paper. (shrink)

This essay analyzes the known evidence for Byzantine engagement with what are conventionally termed “alchemical” texts, theories, and practices of the Islamic world. Much of the evidence is difficult to date. Nevertheless, the aggregated direct, indirect, and circumstantial evidence suggests at least some engagement by Greek-speaking scholars throughout the Middle Ages. This engagement took various forms, from the use of Arabic, Persian, and Turkish terminology to the adaptation of whole Arabic treatises in Greek. Sometimes the Byzantine (...) texts emphasize their Islamicate sources, and sometimes they do not mention these sources at all. The resulting picture is still fragmentary, but it indicates that medieval Greek-speaking scholars were active in the circulation of chemical knowledge and techniques in the Mediterranean and Middle East. Byzantium, therefore, should no longer be left out of research into long-term patterns in the history of science. (shrink)

There is a tendency to prune the record of restrictions on the freedom of thought and expression in fifth-century Athens. K. J. Dover has demonstrated that many of the stories of attacks on intellectuals rest on little more than flimsy speculation. Similarly there has been a reluctance to accept the historicity of the several restrictions on comedy recorded by scholiasts. Thus, for example, H. B. Mattingly has expressed doubts about Morychides' decree, and S. Halliwell has rejected Antimachus' decree as a (...) fiction and has adopted an agnostic attitude towards Syracosius' decree. But one cannot sweep all the references aside as fallacious inferences. This short paper looks first at the evidence that Cleon initiated a legal action against Aristophanes after the production of the The Babylonians, in the light of what the Old Oligarch wrote about curbs on comedians. Secondly, the historicity of Syracosius' decree will be tested by an attempt to define its nature and purpose in its political context. This exercise will show that circumstantial evidence adduced against the historicity of the decree has no compelling force. (shrink)

Summary Landscape planning lacked an evidence-based method for the reflection of planning models on the imaginary level in order to present the image content and the relationships in the image as the basis for interpretation in a verifiable manner. The contribution is based on the thesis that the perceptual analysis according to Rudolf Arnheim can be translated into landscape planning. The case study, here an illustration with two plan sketches for urban and landscape development, is described and interpreted with (...) the Gestalt theoretical perceptual analysis according to the criteria theme, theses, principle sketches and composition lines, interpretation, conclusion and Gestalt theoretical results. The analysed planning sketches have a low “reality level” and are part of the imaginary level. The theory of science contained therein can be understood by Gestalt theory as elementary theory of design. In the sketches, the living spaces and economic areas of the city are divided into the elements ‘settlement’ and ‘landscape’ and thereby undergo a revaluation of their significance. The replacement of figure (city) and ground (landscape) can be interpreted in terms of gestalt theory as a change of theme in the sketches as the greatest possible structural exchange. The results of the analysis are processed as research theses in the contextualisation of landscape planning and thus examined scientifically on the basis of circumstantial evidence against the reality of the living environments of the urban dwellers. The contribution proves that the perceptual analysis according to R. Arnheim is a suitable method in landscape planning for describing and interpreting graphic representations of planning models. Interdisciplinary cooperation is a contribution to the holistic treatment of a topic, because structuralist landscape planning has structural similarities with Gestalt theory and is committed to the dialogical principle. As a theory of organisation (development), Gestalt theory derives principles, structures, their relationships and qualities and is therefore suitable as a meta-theory of landscape planning to characterise the values and ethical bases in planning. This applies to all areas of the field of consciousness in landscape planning. (shrink)

Although sexual antagonism may have played a role in forming some sex chromosome systems, there appears to be little empirical or theoretical justification in assuming that it is the driving force in all cases of sex chromosome evolution. In many species, sex chromosomes have diverged in size and shape through the accumulation of mutations in regions of suppressed recombination. It is commonly assumed that recombination is suppressed in sex chromosomes due to selection to resolve sexually antagonistic pleiotropy. However, the requirement (...) for a sex chromosome‐specific mechanism for suppressing recombination is questionable, since more general models of recombination suppression on autosomes also appear to be applicable to sex chromosomes. Direct tests of the predictions of the sexual antagonism hypothesis offer only limited support in specific sex chromosome systems and circumstantial evidence remains open to interpretation. (shrink)

It has become necessary to enter any discussion of the date of the Kallias decrees, IG i3.52, armed with apologies and justifications merely for bringing up the matter again; such is the result not so much of the quantity of articles and chapters written on the subject as of the belief that the orthodox date, 434/3, has been proved, despite reliance on circumstantial evidence and some forceful objections levied against it.1 Indeed, that the case is considered closed can (...) find no better reflection than the assignment of the date 434/3 in IG i3 without even a question mark. (shrink)

This paper critically examines David Berman's theological lying interpretation of Hume and identifies two types of theological lying: the denial of atheism strategy and the pious Christian strategy. It is argued that neither reading successfully establishes an atheist interpretation of Hume. Moreover, circumstantial evidence shows that Hume's position was different from that of the atheists of his time. Attributions theological lying to Hume, therefore, are unwarranted and should be rejected, even if we grant that this literary technique was (...) used in the early-modern era. Analysing other non-theistic readings of Hume is beyond the scope of this paper. However, given that Berman presents one of most elaborated atheist reinterpretations of Hume's affirmative theistic passages, the failure of Berman's analysis shows that rejecting these passages should not be the default interpretive approach, and it is reasonable to attribute to Hume a weak, indeterminate theism. (shrink)

This article is an attempt to answer the question whether Descartes had read Sextus Empiricus’s Outlines of Pyrrhonism. At first glance, the question seems trivial. This question, however, is of historico-philosophical significance in that it reveals, even if only partially, what Descartes, who is regarded as the father of early modern philosophy, inherited from his earlier intellectual legacy in formulating his own philosophy. I first compare statements from Sextus’s Outlines with corresponding statements from Descartes’s writings to identify their similarities in (...) terms of content. This comparison focuses on their views regarding four subjects: the syllogistic, moral guidelines, the use of definitions, and true opinions. I then analyse and discuss whether the degree of similarity between these sets of statements is sufficient to conclude that the particular work of Descartes is based on Sextus’s arguments. This preliminary study can only provide indirect evidence that Descartes had read Sextus, for a thorough clarification of whether he read anything other than the works he himself stated that he had read (e.g., Cicero, Suárez), would require further circumstantial evidence, however weak it may be. (shrink)

It has become necessary to enter any discussion of the date of the Kallias decrees, IG i3.52, armed with apologies and justifications merely for bringing up the matter again; such is the result not so much of the quantity of articles and chapters written on the subject as of the belief that the orthodox date, 434/3, has been proved, despite reliance on circumstantial evidence and some forceful objections levied against it.1 Indeed, that the case is considered closed can (...) find no better reflection than the assignment of the date 434/3 in IG i3 without even a question mark. (shrink)

I examine the question of how far experiments that look for the effects of superposition of macroscopically distinct states are relevant to the classic measurement paradox of quantum mechanics. Existing experiments on superconducting devices confirm the predictions of the quantum formalism extrapolated to the macroscopic level, and to that extent provide strong circumstantial evidence for its validity at this level, but do not directly test the principle of superposition of macrostates. A more ambitious experiment, not obviously infeasible with (...) current technology, could provide a direct test between quantum mechanics and a whole class of theories embodying the postulate of realism at the macroscopic level. (shrink)

Giovanni Pico della Mirandola is best known for his Oratio, one of many works containing his promise to prove that the philosophies of Plato and Aristotle are in agreement. Pico never fulfilled this promise, however, and commentators have at times derided Pico’s concordist project. The present paper argues that Pico’s notion of concordia was at least partly inspired by a jurisprudential habit derived from his early training in canon law. After examining Pico’s explicit but dispersed statements on concordia, I then (...) consider the circumstantial evidence for a jurisprudential origin to Pico’s project. As the habits and dispositions of Renaissance exegetes differed significantly from those of present-day interpreters of the history of philosophy, there is merit in looking beyond traditional disciplinary boundaries to understand Pico’s attempted concordia of Plato and Aristotle. An appreciation of this context mitigates the negative assessments of his enterprise. (shrink)

In many judicial systems, confessions are a requirement for criminal conviction. Even if confessions are intrinsically convincing, this might not entirely explain why they play such a paramount role. In addition, it has been suggested that confessions owe their importance to their legitimizing role, explaining why they could be required even when other evidence has convinced a judge. But why would confessions be particularly suited to justify verdicts? One possibility is that they can be more easily transmitted from one (...) individual to the next, and thus spread in the population without losing their convincingness. 360 English-speaking participants were asked to evaluate the convincingness of one of three justifications for a verdict, grounded either in a confession, eyewitnesses, or circumstantial evidence, and to pass on that justification to another participant, who performed the same task. Then, 240 English-speaking participants evaluated the convincingness of some of the justifications produced by the first group of participants. Compared to the other justifications, justifications based on confessions lost less of their convincingness in the transmission process. Modeling pointed to the most common forms the justifications would take as they are transmitted, and results showed that the most common variant of the justification based on a confession was more convincing. (shrink)