If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive (...) to the rule of law. On this theory, it is the admission rather than exclusion of such evidence that is inherently problematic. The differences between this theory and others that are in currency will be noted, as will its implications and limitations. (shrink)

This study contrasts the evidence exclusion principles within the adversarial legal system of the United States, particularly the “fruit of the poisonous tree” doctrine, with the inquisitorial system of Vietnam. The U.S. model, emphasizing the exclusion of unlawfully obtained evidence to protect the presumption of innocence and ensure fair trials, relies on the Fourth Amendment to prevent police misconduct. Conversely, Vietnam, with its focus on uncovering the truth, has started to adopt adversarial elements, including evidence (...) exclusion, to align with international standards and enhance human rights protections within its criminal justice system. The research examines the application of the “fruit of the poisonous tree” doctrine in the U.S. and its implications for Vietnamese legal reforms, especially the proposed amendments to Article 87 of Vietnam's Criminal Procedure Code. These reforms aim to exclude unlawfully obtained evidence while allowing for the use of evidence collected independently from illegal actions. Highlighting the need for a balanced approach that respects procedural rights and promotes justice, the study advocates for comprehensive legal reforms in Vietnam. It suggests amendments to refine evidence exclusion principles, ensuring they reflect both the Vietnamese context and the progressive features of U.S. criminal justice practices, thereby enhancing the fairness and integrity of criminal proceedings. (shrink)

Ever since Jeremy Bentham wrote his scathing critique of the law of evidence, both philosophers and legal scholars have criticized the exclusionary rules of evidence, arguing that formal rules excluding entire classes of evidence for alleged unreliability violate basic epistemological maxims mandating that all relevant evidence be considered. Although particular pieces of evidence might be excluded as unreliable, they argue, it is a mistake to make such judgments for entire categories, as opposed to making them (...) only in the context of particular pieces of evidence offered for specific purposes. This paper challenges these claims, arguing that rule-based exclusions serve similar purposes to those served by rules in rule-consequentialist moral theories, and that, even more importantly, they are entirely consistent with the exclusionary nature of legal rules in general. Indeed, once we see the role that exclusionary rules might serve in legal epistemology, we can see that they might have a role to play in epistemic appraisal more generally. (shrink)

Many jurisdictions prohibit or severely restrict the use of evidence about a defendant’s character to prove legal culpability. Situationists, who argue that conduct is largely determined by situational features rather than by character, can easily defend this prohibition. According to situationism, character evidence is misleading or paltry. -/- Proscriptions on character evidence seem harder to justify, however, on virtue ethical accounts. It appears that excluding character evidence either denies the centrality of character for explaining conduct—the situationist (...) position—or omits probative evidence. Situationism is, after all, presented as antithetical to virtue ethics. -/- This essay provides a virtue ethical defense of character evidence exclusion rules. We show that existing virtue ethical rebuttals to situationism themselves support prohibitions on character evidence; even if behavior arises from stable character traits, character evidence should be prohibited. In building our case, we provide a taxonomy of kinds of character judgment and reconcile the ubiquity and reasonableness of character judgments in ordinary life with the epistemic legitimacy of character evidence prohibitions in law. (shrink)

Gambling self-exclusion agreements enable a person to have themselves prevented from gambling for some future period. In light of evidence of their effectiveness in helping problem gamblers manage their addiction, these agreements enjoy growing popularity. In particular, several jurisdictions now oblige gambling operators to offer self-exclusion to their clientele. If self-exclusion has a unique value that is distinct from paternalistic measures, such as forced exclusion, it is surely because it prizes the gambler’s autonomy. In this (...) article, however, I will argue that self-exclusion’s theoretical basis cannot, in fact, be found in a procedural theory of autonomy that only regards agents’ own values and decisions. Rather, I will contend that if agents may bind their future selves in only some ways—for example, by preventing themselves from gambling but not preventing themselves from self-excluding or selling themselves into slavery—it can only be because of a normative, substantive claim. (shrink)

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of (...) the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University. (shrink)

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, (...) admitting universal admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

In Minds, Brains, and Norms , Pardo and Patterson deny that the activities of persons (knowledge, rule-following, interpretation) can be understood exclusively in terms of the brain, and thus conclude that neuroscience is irrelevant to the law, and to the conceptual and philosophical questions that arise in legal contexts. On their view, such appeals to neuroscience are an exercise in nonsense. We agree that understanding persons requires more than understanding brains, but we deny their pessimistic conclusion. Whether neuroscience can be (...) used to address legal issues is an empirical question. Recent work on locked-in syndrome, memory, and lying suggests that neuroscience has potential relevance to the law, and is far from nonsensical. Through discussion of neuroscientific methods and these recent results we show how an understanding of the subpersonal mechanisms that underlie person-level abilities could serve as a valuable and illuminating source of evidence in legal and social contexts. In so doing, we sketch the way forward for a no-nonsense approach to the intersection of law and neuroscience. (shrink)

An annotated bibliography of legal epistemology.

This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner. The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for (...) anybody interested in English political thought or legal theory. Although it was written when Hobbes was at least eighty, it is a lively piece of work that goes beyond a recapitulation of earlier Hobbesian doctrines, not least in applying his central ideas to the details of the English constitution. This edition supplies the extensive annotation on matters of legal and historical detail that is required by non-specialist readers; it also assists students by offering cross-references to other treatises. Cromartie's introduction is an authoritative account of seventeenth-century thinking about the common law and of Hobbes's shifting attitudes towards it. It has often been suspected that the book was motivated by fear of being burned for heresy. Cromartie disentangles the complex evidence that documents this fear's development, and shows why the philosopher's acute anxieties eventually led him to write a legal treatise. In clarifying these questions, the edition casts fresh light upon his attitude to law and sovereignty. The second piece takes the form of a question put to Hobbes about the right of succession under hereditary monarchies, together with Hobbes's response. The question is in the handwriting of the fourth Earl of Devonshire, the son of the third Earl, whom Hobbes had tutored in the 1630s. He asks Hobbes whether an heir can be excluded if he is incapable of protecting his prospective subjects. The question of 'exclusion' became the most burning issue in English politics in the course of 1679, when a bill to exclude the future James II was introduced into the House of Commons. Hobbes answers with a robust defence of hereditary right, in the course of which he also makes some important general observations about the concept of a right. The manuscript is also of special interest as it constitutes Hobbes's last word on politics. It was almost certainly written in the summer of 1679, less than six months before Hobbes's death. (shrink)

In a characteristically iconoclastic essay, “Does the State Have a Monopoly to Punish Crime?”, Douglas Husak argues that the state’s moral right to punish crime is all but self-evident while its supposed monopoly on punishment is a fiction. Husak draws this bracing conclusion from a modest, quasi-Lockean premise – that persons and other entities have a right to impose stigmatizing deprivations on those who wrong them. This premise evokes John Locke’s far stronger claim that everyone enjoys a natural right to (...) inflict potentially severe sanctions on any wrongdoer. The quasi-Lockean premise also evokes the familiar idea that all criminal wrongdoing is an attack on the broader community, and that law-breakers consequently owe a debt to society that they can repay through punishment. In this essay, I argue that the inferences Husak draws from the quasi-Lockean premise are unsound, but for reasons that reveal important lessons about the state’s right to punish crime and about the limits of what we can extract from the venerable idea that a central victim of criminal wrongdoing is the community as a whole. In Part II, I argue that the quasi-Lockean premise does not ground the state’s right to punish the kind of wrongs traditionally thought central to the criminal law, namely, wrongs perpetrated on individual human victims. In Part III, I answer Husak’s implicit challenge to describe a kind of stigmatizing deprivation – a kind of punishment – that the state alone has a right to inflict. I suggest that no entity but the state may inflict sanctions that constitute prima facie invasions of moral rights. (shrink)

For decades, courtrooms around the world have admitted evidence from forensic science analysts, such as fingerprint, tool-mark and bite-mark examiners, in order to solve crimes. Scientific progress, however, has led to significant criticism of the ability of such disciplines to engage in individualization i.e., “match” suspects exclusively to evidence. Despite this, American courts largely reject legal challenges based on arguments that identification evidence provided by these forensic science disciplines is unreliable. In so holding, these courts affirm precedent (...) that it is the adversarial system’s function to weed out frailties in forensic evidence, and find that criticism of the forensic sciences lacks sui generis qualities. This article provides an independent critique of relevant American case law, from which three themes emerge. These themes are (1) the law’s misuse of science; (2) law’s scepticism towards change; and (3) law’s narrow construction of rationality, which generates reductionist concepts, and divorces science from its social context. As such, this article shows how the American judiciary’s approach to this global issue provides a contemporary illustration of key institutional tensions between science and law, and offers some recommendations for reforms that aim to facilitate the legal process to utilize the most reliable forensic science evidence possible. (shrink)

After a chapter which is an introduction to and summary of the rest of the book, chapter 2 begins by criticizing various attempts to do away with theories, such as the Reichenbach-Salmon conception of theoretical truth in terms of observational consequences, and the Ramsey strategy of replacing first-order theoretical sentences by second-order nontheoretical ones; it then argues against hypothetico-deductivist theories of confirmation on the grounds that they are unable to handle the relevance of evidence to theory, whether or not (...) other formal constraints or even nonformal ones such as simplicity and explanatory power are added to those theories; it ends with an exposition of the Reichenbach-Carnap conventionalist thesis that the confirmation of hypotheses with evidence presupposes analytic principles connecting hypothetical and empirical concepts. Chapter 3 criticizes Bayesian theories of confirmation on such grounds as that the a priori arguments for Bayesian restrictions on beliefs are insufficient; that the Bayesian explanations of notions like variety of evidence, ad hocness, and simplicity are inadequate; and that they cannot account, without drastic revisions, for the relevance of evidence to theory, especially old evidence to new theory. Chapter 4 is an unsympathetic account of historically oriented philosophies of science; Lakatos’s notion of progressive research programs and Laudan’s theory of problem-solving effectiveness are found to be insufficiently precise and dubbed examples of "new fuzziness", while the Sneed-Stegmüller dynamics of theories is regarded as "a paradigm of misplaced rigor" ; and all three are criticized as unable to explicate the concept of evidential relevance. Chapter 5 is a formal and informal elaboration of the basic idea in Glymour’s account of theory and evidence, namely that confirmation or support is a three-term relation among evidence, hypothesis, and theory, so that evidence confirms an hypothesis only relative to a theory, and such that evidence e confirms hypothesis h relative to T if T with e implies, but T without e does not imply, an instance of h, and T with e does not imply a comparable hypothesis h’ different from h; the most interesting part of this chapter is a series of discussions showing how such an idea makes sense of the "methodological truisms" that it is possible selectively to test certain parts of a theory but not others, that a theory is supported better by a greater variety of evidence, that redundant or physically meaningless quantities are an undesirable feature of theories, that there are no inviolable rules, that a "white shoe" does not confirm "all ravens are black," that a theory is more useful and better supported than the set of its observational consequences, and that the hypothetico-deductive method often works. Since Glymour claims no originality for the conception of this general account, but only for its description, he plausibly thinks it necessary to apply it to some important historical cases of actual science; he does so in the next chapter by discussing at some length the structure and merits of Ptolemaic and Copernican astronomy, of Newton’s universal gravitation, of nineteenth century atomism, of Freud’s Rat Man, and of general relativity. For example, he argues convincingly that Copernicanism was better supported by the evidence available even before the telescope because it alone, and not the Ptolemaic theory, can determine some planetary properties which are presupposed by both theories, can test and confirm some common hypotheses, and can be confirmed in an essential rather than incidental manner; and though Glymour admits that the Copernicans tended to argue in terms of explanatory rather than confirmatory superiority, he sketches an interesting account of the relation between explanation and confirmation which strengthens his case. He also analyzes the text at the beginning of book 3 of Newton’s Principia and compiles a reconstruction of the intricate details of the inferential structure of the argument to universal gravitation; his impressive reconstruction clearly shows that Newton’s method is neither the inductivist one he himself thought he was following, nor the one attributed to him by Pierre Duhem, but rather one in accordance with Glymour’s so-called "bootstrap strategy" of repeatedly using the evidence from Kepler’s second and third laws, from lunar data, and from falling bodies, together with the theory consisting of the second and third laws of motion, to arrive at increasingly general instances of the principle of universal gravitation. Glymour’s account of arguments for and against the atomic theory from Thomson to Cannizzaro is his longest historical example, but he himself admits that this illustration of the bootstrap strategy is "certainly not the neatest", and rather "diffuse, and perhaps disconnected". Chapter 7 is a detailed application of the same principles to the technique known among social scientists as "causal modeling"; since such "causal models" are essentially systems of algebraic equations, Glymour’s account shows indirectly that the bootstrap strategy is applicable to any scientific theory presented as a set of algebraic equations; this, of course is not surprising, since the formal considerations with which Glymour begins the exposition of his theory in chapter 5 involve systems of algebraic equations. Chapter 8 is an attempt to apply Glymour’s theory of evidence to the very common scientific practice of curve-fitting, where one measures values of two or more quantities and then infers a functional relationship; Glymour argues that simpler polynomials are preferred because they are tested more frequently and more severely by the data and because they are more informative; but then he criticizes his own explanation and concludes that "the bootstrap procedures of chapter 5 do not seem to help the problem much more than a whit" ; this is admirably honest, but if one wants an additional logical or methodological rationale, then one would perhaps have to go to the meta-level and say that Glymour is here testing his own theory, and he is more interested in a further illustration of the bootstrap methodology even with a failed test, than he is to claim universal or exclusive validity for it. In chapter 9 Glymour uses his bootstrap theory of confirmation to criticize geometrical conventionalism; he considers the alternative theories of space or space-time proposed by conventionalists to show the radical undetermination of geometries by evidence, for example, a non-Euclidean geometry with no universal force instead of Newtonian gravitation with Euclidean geometry; he argues that such alternatives are simply not as well tested as the originals and that their equivalence to the originals is questionable. The last chapter is a brief discussion of further problems worthy of future investigation. (shrink)

The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable forms (...) of evidence in legal matters, diyya, the exclusion of women from the judiciary and the system of issuing fatwa, natural right of guardianship of underage children after divorce, and regulations related to the veil. Finally, referring to the manner of the Prophet of Islam, the paper suggests that ʿurf can be considered as a source of Islamic legislation alongside other commonly known sources of fiqh. (shrink)

This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner. The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for (...) anybody interested in English political thought or legal theory. Although it was written when Hobbes was at least eighty, it is a lively piece of work that goes beyond a recapitulation of earlier Hobbesian doctrines, not least in applying his central ideas to the details of the English constitution. This edition supplies the extensive annotation on matters of legal and historical detail that is required by non-specialist readers; it also assists students by offering cross-references to other treatises. Cromartie's introduction is an authoritative account of seventeenth-century thinking about the common law and of Hobbes's shifting attitudes towards it. It has often been suspected that the book was motivated by fear of being burned for heresy. Cromartie disentangles the complex evidence that documents this fear's development, and shows why the philosopher's acute anxieties eventually led him to write a legal treatise. In clarifying these questions, the edition casts fresh light upon his attitude to law and sovereignty. The second piece takes the form of a question put to Hobbes about the right of succession under hereditary monarchies, together with Hobbes's response. The question is in the handwriting of the fourth Earl of Devonshire, the son of the third Earl, whom Hobbes had tutored in the 1630s. He asks Hobbes whether an heir can be excluded if he is incapable of protecting his prospective subjects. The question of 'exclusion' became the most burning issue in English politics in the course of 1679, when a bill to exclude the future James II was introduced into the House of Commons. Hobbes answers with a robust defence of hereditary right, in the course of which he also makes some important general observations about the concept of a right. The manuscript is also of special interest as it constitutes Hobbes's last word on politics. It was almost certainly written in the summer of 1679, less than six months before Hobbes's death. (shrink)

The revised Common Rule includes a new option for the conduct of secondary research with identifiable data and biospecimens: regulatory broad consent. Motivated by concerns regarding autonomy and trust in the research enterprise, regulators had initially proposed broad consent in a manner that would have rendered it the exclusive approach to secondary research with all biospecimens, regardless of identifiability. Based on public comments from both researchers and patients concerned that this approach would hinder important medical advances, however, regulators decided to (...) largely preserve the status quo approach to secondary research with biospecimens and data. The Final Rule therefore allows such research to proceed without specific informed consent in a number of circumstances, but it also offers regulatory broad consent as a new, optional pathway for secondary research with identifiable data and biospecimens. In this article, we describe the parameters of regulatory broad consent under the new rule, explain why researchers and research institutions are unlikely to utilize it, outline recommendations for regulatory broad consent issued by the Secretary's Advisory Committee on Human Research Protections, and sketch an empirical research agenda for the sorts of questions about regulatory broad consent that remain to be answered as the research community embarks on Final Rule implementation. (shrink)

Thinking tools is a regular feature that offers tips and pointers on thinking clearly and rigorously.

The vast majority of Biblical historians believe there is evidence sufficient to place Jesus’ existence beyond reasonable doubt. Many believe the New Testamentdocuments alone suffice firmly to establish Jesus as an actual, historical figure. I question these views. In particular, I argue (i) that the three most popular criteria by which various non-miraculous New Testament claims made about Jesus are supposedly corroborated are not sufficient, either singly or jointly, to place his existence beyond reasonable doubt, and (ii) that a (...) prima facie plausible principle concerning how evidence should be assessed—a principle I call the contamination principle—entails that, given the large proportion of uncorroborated miracle claims made about Jesus in the New Testament documents, we should, in the absence of good independent evidence for an historical Jesus, remain sceptical about his existence. (shrink)

Mental causation is vitally important to the integrated information theory (IIT), which says consciousness exists since it is causally efficacious. While it might not be directly apparent, metaphysical commitments have consequential entailments concerning the causal efficacy of consciousness. Commitments regarding the ontology of consciousness and the nature of causation determine which problem(s) a view of consciousness faces with respect to mental causation. Analysis of mental causation in contemporary philosophy of mind has brought several problems to the fore: the alleged lack (...) of psychophysical laws, the causal exclusion problem, and the causal pairing problem. This article surveys the threat each problem poses to IIT based on the different metaphysical commitments IIT theorists might make. Distinctions are made between what I call reductive IIT, non-reductive IIT, and non-physicalist IIT, each of which make differing metaphysical commitments regarding the ontology of consciousness and nature of causation. Subsequently, each problem pertaining to mental causation is presented and its threat, or lack thereof, to each version of IIT is considered. While the lack of psychophysical laws appears unthreatening for all versions, reductive IIT and non-reductive IIT are seriously threatened by the exclusion problem, and it is difficult to see how they could overcome it while maintaining a commitment to the causal closure principle. Yet, non-physicalist IIT denies the principle but is therefore threatened by the pairing problem, to which I have elsewhere provided a response that is briefly outlined here. This problem also threatens non-reductive IIT, but unlike non-physicalist IIT it lacks an evident response. The ultimate aim of this survey is to provide a roadmap for IIT theorists through the maze of mental causation, by clarifying which commitments lead to which problems, and how they might or might not be overcome. Such a survey can aid IIT theorists as they further develop and hone the metaphysical commitments of IIT. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 63-88.

Journal Name: Semiotica Issue: Ahead of print.

We argued [Since this argument appeared in other journals, I am reprising it here, almost verbatim.] (Fulda in J Law Info Sci 2:230–232, 1991/AI & Soc 8(4):357–359, 1994) that the paradox of the preface suggests a reason why machines cannot, will not, and should not be allowed to judge criminal cases. The argument merely shows that they cannot now and will not soon or easily be so allowed. The author, in fact, now believes that when—and only when—they are ready they (...) actually should be so allowed, in the interests of justice. Both the original argument applied and this detailed reconsideration applies exclusively to trial courts, and both specifically exclude(d) sentencing. The argument highlights some key relevant differences between minds and machines and attempts, also, to explain why automation is of far greater import for the first-level justice system (trial courts) than for higher courts. A final section discusses why sentencing was, is, and should be excluded. (shrink)

My thesis is that biology is most plausibly regarded as a universal, as distinct from a provincial, science. First, I develop the general notion of a provincial science, formulate three criteria for applying the concept, and present brief examples illustrating their use. Second, I argue that a consideration of population genetics as a characteristic example of a basic biological theory strengthens the prior presumption that biology is not a provincial science. Finally, I examine two arguments to the effect that biology (...) is a provincial science. The first concerns biology's exclusively terrestrial evidence base, the second the logical character of its laws. I introduce considerations that weaken the persuasiveness of the first argument and then show that the second one rests upon a false premise and so should be rejected. (shrink)

This paper investigates the actual use of truth as a criterion in the setting up of and choice between descriptive characterisations. The consideration for truth is often weighed against other considerations. This weighing character is illuminated through examples from everyday life, politics, law, and science. In everyday life the weighing character shows itself inter alia through the categories of ‘white lies’ and ‘great questions’, and in politics, inter alia through the categories of ‘personal character’ versus ‘the party’. In law there (...) are numerous examples of norms that increase the probability of untrue characterisations being taken as a basis for the application of the law. This paper focuses on the categories of ‘exclusion of evidence’, ‘burden of proof’, and ‘adjusting of facts as a means to concretely reasonable and just results’. The paper concludes by showing that burden of proof considerations are also found in an area in which many people assume that the truth criterion is paramount, namely science. The method is thus casuistic. However, the aim is a certain representativity in relation to the problem aspects. (shrink)

In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...) is evidence to Mengzi that, of the six views, Gaozi holds three although he does not convey them in his statement. As for Meng Jiz’s defense of his statement, Meng Jizi cites a special occasion where one is required to act one way even though one would feel a different way. Mengzi’s response has been traditionally interpreted as boiling down to a dissenting opinion about empirical psychology, that the agent on that special occasion would in fact feel the same way as they ought to act. But on a more charitable reading, the point Mengzi makes is conceptual: Though the satisfaction of yì may not require that the feeling and the act align perfectly in this case, cases where the alignment obtains are conceptually prior. This not only refutes Meng Jizi’s statement but also enables a more elegant explanation of why the Mengzi rightly has no record of Mengzi affirming that yì is internal. I conclude that 6A5 itself uniquely favors one interpretation, as far as Meng Jizi’s position is concerned: How one feels is irrelevant to whether one satisfies yì. (shrink)

We all know that we have and are our bodies. But might it be possible to leave this common place? In the present article we try to do this by attending to the way we do our bodies. The site where we look for such action is that of handling the hypoglycaemias that sometimes happen to people with diabetes. In this site it appears that the body, active in measuring, feeling and countering hypoglycaemias is not a bounded whole: its boundaries (...) leak. Bits and pieces of the outside get incorporated within the active body; while the centre of some bodily activities is beyond the skin. The body thus enacted is not self-evidently coherent either. There are tensions between the body’s organs; between the control under which we put our bodies and the erratic character of their behaviour; and between the various needs and desires single bodies somehow try to combine. Thus to say that a body is a whole, or so we conclude, skips over a lot of work. One does not hang together as a matter of course: keeping oneself together is something the embodied person needs to do. The person who fails to do so dies. (shrink)

This volume presents cutting edge research by many of the leading researchers in the field of religious epistemology, a field that has seen major development in recent years. This book attempts to answer the questions of: how reasonable is belief in God? Can a good evidential case be made either for the existence of God, or against the existence of God? Does the existence of enormous suffering, or religious disagreement, provide significant evidence against the existence of God? How might (...) we best come to know God? What's required for religious belief to qualify as rational? All of the papers included in this volume aim to be accessible to the interested layperson. (shrink)

A noticeable shift in focus has occurred in public discourse from What is our best course of action? to What are the true facts of the situation? At the center of these debates are questions on the proper use of evidence, Legal scholar Schauer offers clarity based on how legal systems grapple with these questions-and by drawing insights from psychology, philosophy, economics, history, and decision theory.

This chapter contains sections titled: The Logical Problem of Evil The Evidential Problem of Evil The Evil God Hypothesis and the Problem of Good Reverse Theodicies Notes.

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred (...) congressional "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

A recent rethinking of the early history of Quantum Mechanics deemed the late 1920s agreement on the equivalence of Matrix Mechanics and Wave Mechanics, prompted by Schrödinger’s 1926 proof, a myth. Schrödinger supposedly failed to achieve the goal of proving isomorphism of the mathematical structures of the two theories, while only later developments in the early 1930s, especially the work of mathematician John von Neumman (1932) provided sound proof of equivalence. The alleged agreement about the Copenhagen Interpretation, predicated to a (...) large extent on this equivalence, was deemed a myth as well. If such analysis is correct, it provides considerable evidence that, in its critical moments, the foundations of scientific practice might not live up to the minimal standards of rigor, as such standards are established in the practice of logic, mathematics, and mathematical physics, thereby prompting one to question the rationality of the practice of physics. In response, I argue that Schrödinger’s proof concerned primarily a domain-specific ontological equivalence, rather than the isomorphism. It stemmed initially from the agreement of the eigenvalues of Wave Mechanics and energy-states of Bohr’s Model that was discovered and published by Schrödinger in his First and Second Communications of 1926. Schrödinger demonstrated in this proof that the laws of motion arrived at by the method of Matrix Mechanics could be derived successfully from eigenfunctions as well (while he only outlined the reversed derivation of eigenfunctions from Matrix Mechanics, which was necessary for the proof of isomorphism of the two theories). This result was intended to demonstrate the domain-specific ontological equivalence of Matrix Mechanics and Wave Mechanics, with respect to the domain of Bohr’s atom. And although the full-fledged mathematico-logical equivalence of the theories did not seem out of the reach of existing theories and methods, Schrödinger never intended to fully explore such a possibility in his proof paper. In a further development of Quantum Mechanics, Bohr’s complementarity and Copenhagen Interpretation captured a more substantial convergence of the subsequently revised (in light of the experimental results) Wave and Matrix Mechanics. I argue that both the equivalence and Copenhagen Interpretation can be deemed myths if one predicates the philosophical and historical analysis on a narrow model of physical theory which disregards its historical context, and focuses exclusively on its formal aspects and the exploration of the logical models supposedly implicit in it. (shrink)

Interpretation of the classics in political theory seems to go in waves. For a while we had John Locke, the bourgeois thinker. Now we seem to be in a Locke-as-radical-democrat phase. Locke-the-bourgeois had problems of its own, but a radically democratic Locke -- not just the old Locke as liberal democrat but Locke as quasi-Leveller -- strains the interpretative imagination more than most; yet in recent years, several different kinds of argument have been advanced in support of it, both textual (...) and contextual. The most effective argument has proceeded by situating Locke in the context of radical Whig politics in the 1670s and '80s, the struggles over religious toleration and the royal succession, in particular the �Exclusion Crisis� of 1679-81. This contextual argument has been accompanied by various textual interpretations having to do with Locke's conceptions of property, consent, representation, the right of revolution and natural law. Among other things, these are supposed to show that while Locke had nothing explicit to say about the extent of the franchise, the weight of evidence suggests that he would have supported a fairly wide franchise, perhaps even something like the (almost) manhood suffrage advocated by the Levellers (at least according to some, and probably the most convincing, interpretations of their ideas). Most recently, in these pages, Martin Hughes, building on the work of James Tully and Richard Ashcraft in particular, has pushed the argument as far as it can probably go. His argument on taxation and suffrage has provided a motivation here for a wider exploration of Locke's views on representation, consent and the franchise. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to humanity. Nuclear wars, (...) natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

Truth is a fundamental objective of adjudicative processes; ideally, ‘substantive’ as distinct from ‘formal legal’ truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. ‘Jury nullification’ and ‘jury equity’. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.

Here's an overview of one of the more ingenious attempts to criticize religious belief. Antony Flew argues that if the religious won't allow anything to count as evidence against what they believe, then they don't actually believe anything. The religious aren't making false claims; rather, they're not making any claims at all.

There are widely held premises that suicide is almost exclusively the result of mental illness and there is “strong evidence for successfully detecting and managing suicidality in healthcare”. In this context, ‘zero-suicide’ policies have emerged, and suicide risk assessment tools have become a normative component of psychiatric practice. This essay discusses how suicide evolved from a moral to a medical problem and how, in an effort to reduce suicide, a paternalistic healthcare response emerged to predict those at high risk. (...) The evidence for the premises is critiqued and shown to be problematic; and it is found that strong paternalistic interventions are being used more often than acknowledged. Using a Principles approach, the ethics of overriding autonomy in suicide prevention is considered. Ethical concerns are identified with the current approach which are potentially amplified by the use of these risk assessments. Furthermore, it is identified that the widespread use of risk assessments in health settings is equivalent to screening without regard to the ethical principles of screening. The essay concludes that this is unethical; that we should abandon the use of standardized suicide risk assessments and ‘zero-suicide’ policy; and that this may improve outcomes. (shrink)

Since the mid-1980s and especially after the early 1990s, women's organizations have increased exponentially throughout Africa as have the arenas in which women have been able to assert their varied concerns. Women are organizing locally and nationally and are networking across the continent on an unprecedented scale. They have in many countries been aggressively using the media to demand their rights in a way not evident in the early 1980s. In some countries they are taking their claims to land, inheritance (...) and associational autonomy to court in ways not seen in the past. Women are challenging laws and constitutions that do not uphold gender equality. In addition, they are increasingly moving into government, legislative, party, NGO and other leadership positions previously the nearly exclusive domain of men. In these and other ways women have taken advantage of the new political openings that occurred in the 1990s, even if the openings were limited and precarious. This second generation of activism is markedly different from the earlier post-independence generation of women's mobilization. The reasons for these shifts are varied: the rise of multi-partyism and demise of military rule; the growing influence of the international women's movement; shifting donor strategies; the expansion of the use of the cell phone and the Internet in the late 1990s; coupled with a significant increase in secondary and university educated women. The article explores the major changes in women's mobilization in Africa by contrasting the current women's movements with those that emerged after independence. (shrink)

This paper asks whether geographically localised, or ‘hyperlocal’, uses of Twitter succeed in creating peer-to-peer neighbourhood networks or simply act as broadcast media at a reduced scale. Literature drawn from the smart cities discourse and from a UK research project into hyperlocal media, respectively, take on these two opposing interpretations. Evidence gathered in the case study presented here is consistent with the latter, and on this basis we criticise the notion that hyperlocal social media can be seen as a (...) community in itself. We demonstrate this by creating a network map of Twitter followers of a popular hyperlocal blog in Brockley, southeast London. We describe various attributes of this network including its average degree and clustering coefficient to suggest that a small and highly connected cluster of visible local entities such as businesses form a clique at the centre of this network, with individual residents following these but not one another. We then plot the locations of these entities and demonstrate that sub-communities in the network are formed due to close geographical proximity between smaller sets of businesses. These observations are illustrated with qualitative evidence from interviews with users who suggest instead that rather than being connected to one another they benefit from what has been described as ‘neighbourhood storytelling’. Despite the limitations of working with Twitter data, we propose that this multi-modal approach offers a valuable way to investigate the experience of using social media as a communication tool in urban neighbourhoods. (shrink)

Is truth in the law just plain truth - or something sui generis? Is a trial a search for truth? Do adversarial procedures and exclusionary rules of evidence enable, or impede, the accurate determination of factual issues? Can degrees of proof be identified with mathematical probabilities? What role can statistical evidence properly play? How can courts best handle the scientific testimony on which cases sometimes turn? How are they to distinguish reliable scientific testimony from unreliable hokum? These interdisciplinary (...) essays explore such questions about science, proof, and truth in the law. With her characteristic clarity and verve, Haack brings her original and distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues. She includes detailed analyses of a wide variety of cases and lucid summaries of relevant scientific work, of the many roles of the scientific peer-review system, and of relevant legal developments. (shrink)

In this important book, a distinguished legal scholar examines how the legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted, and presented to the courts.

Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.

Despite the long history of beliefs about the therapeutic properties of work for people with mental ill health, rarely has therapeutic work itself been a focus for historical analysis. In this article, the development of a therapeutic work ethic (1813—1979) is presented, drawing particular attention to the changing character and quality of beliefs about therapeutic work throughout time. From hospital factories to radical ‘antipsychiatric’ communities, the article reveals the myriad forms of activities that have variously been considered fit work for (...) people with mental health problems. While popular stereotypes of basket-weaving paint a hapless portrait of institutional work, a more nuanced reading of therapeutic work and its political and philosophical commitments is advanced. The article concludes by arguing that the non-linear and inherently contested development of therapeutic work is less the effect of paradigmatic shifts within the therapeutic professions, but rather evidence of a broader human struggle with work. (shrink)

This paper analyses the Verlagsanzeige of the humanist, mathematician, astronomer and publisher Johannes Regiomontanus. How is humanism expressed in this famous document from German early printing and what is its relationship to philosophy? The article shows that Regiomontanus advocated a special form of humanism that went beyond the standard humanism that he valued, with ‘truth’ as its most important aspect. From the epistemological perspective of the history of philosophy in Regiomontanus’s publishing programme, the ‘truth’ of mathematics is seen, analogous to (...) some predecessors, as a paradigm of programmatic testimony. The integration of philosophy is evident in this, as in another specified way as well. (shrink)

Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time (...) such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Cancel Culture and the Trope of the ScapegoatA Girardian Defense of the Importance of Contemplative ReadingJoakim Wrethed (bio)What unfolds in this article encompasses violence, language/reading, and ethics. René Girard addresses these topics primarily in terms of mimesis, its potential violence, and the trope of the scapegoat. Still, toward the end of his career and life, he relentlessly pointed out the dangers implicated in the dynamism of these forces. He (...) addressed it clearly in his "apocalyptic book" Battling to the End (2010):I have been accused of repeating myself too often, of turning my theory into a fetish, of using it to explain everything. Yet it has described mechanisms that recent discoveries in neuroscience confirm: imitation is the initial and essential means of learning; it is not something acquired later on. We can escape mimetism only by understanding the laws that govern it. Only by understanding the dangers of imitation can we conceive of authentic identification with the Other. However, we are becoming aware of the primacy of moral relationship at the very time when the atomization of humanity is being realized, and when violence has increased in intensity and unpredictability.1[End Page 15] It is this thin line between necessary/harmless imitation and its dangerous versions that will be the central theme in the analysis. As Girard states, a vast amount of established research confirms that the mimetic impulse is innate.2 We should pay specific attention to "the atomization of humanity," since it zooms in on our contemporary epoch's paradoxical "mass-individualism," evidently tremendously enhanced by information and communication technology (ICT). In order to contribute to Girard's lifework and to extend it beyond his own writing, we outline a few contemporary phenomena that clearly exhibit the primordial dangers of human violence that Girard draws attention to. These phenomena are initially only roughly sketched, but subsequent sections give them sharper relief. The central phenomena are cancel culture, speed, and the reading of literature. Just to be clear, the intended mode of reading should be construed in a broad sense, thus potentially including philosophy and theology, if one is inclined to emphasize the differences between these disciplines and the reading of literature.3Cancel culture in certain ways makes manifest a social welfare society version of escalating violence, indicating that "violence has increased in intensity and unpredictability."4 A succinct definition of cancel culture will initially suffice:Cancel culture refers to ending (or attempting to end) an individual's career or prominence to hold them accountable for immoral behavior. Driven primarily by young progressives, often through social media, cancel culture has attracted controversy since it swept into the national conversation.5This definition can easily be extended into larger historical patterns in which, for instance, colonial crimes are highlighted and demands are raised for contemporary acts of atonement. As Rob Henderson points out, the obvious flip side is that "the swift and decisive nature of cancel culture can stifle debate, and some believe that dialogue is a more productive way to foster change."6 The "swiftness" and the immediate collectable consequences are decisive in their functions as social punishment and exclusion; in other words, digitalized speed accomplishes verdict and punishment in a very short time span, which is a reflection of desire pure and simple. The rapidity from intention to anticipated effect rather resembles an instinctive and violent action more than the forwarding of a carefully thought through argument or statement. The present becomes an invincible ivory tower bristling with power to finally mete out the justice that the erroneous ethics of earlier times were incapable of conceiving and achieving. An always already accelerating modernity speeded up immensely through [End Page 16] the fast growth of information and communication technology (ICT). To be sure, the whole evolution of computer technology is defined primarily in terms of processing speed, together with the quantity of information that can be contained in as small a spatial entity as possible. The present-day reality of having almost everything only one or a few clicks away on a screen—as a modern day realization of the library in Alexandria—enhances the relevance of a phenomenon historians have referred to... (shrink)

This essay addresses the legal meanings of the phrase hefa quanyi, an important Chinese legal phrase that is frequently found in many Chinese laws and legal documents, and whose interpretation is claimed by various scholars to affect the alienability of people’s rights. It first challenges the existing translations of the phrase into Italian and English. It secondly delves into its history and etymology, studying the legal meanings that the phrase has had in the various texts of the Constitution of (...) China. It is suggested that hefa quanyi is not the semantic and legal equivalent of Western ‘rights and interests’, but rather that the phrase retains its etymological meaning of ‘power and negatively-connoted profit’. It is further argued that the adjective hefa in the phrase is used to impose constraints on the rights and interests that the Chinese people are entitled to. (shrink)