Scholars who compare common law and civil law countries have long argued that civil law legal systems such as Germany do not employ formal rules of evidence comparable to those which govern American courtrooms. Civil law systems that commit fact-finding to mixed panels of lay and professional judges are said to have less need for formal rules of evidence that withhold information from decision makers. This article challenges this widely held view. Scholars have failed to recognize (...) that evidentiary rules can restrict not only the presentation of evidence at trial but also the manner of its acquisition during the pre-trial investigation. For this reason, existing scholarship overlooks a rich source of evidentiary norms in the criminal process of civil law countries such as Germany. I argue that German regulation of police interrogation—particularly its prohibition of deceptive stratagems—plays an important role in shaping the factual record on which the legal system assesses guilt or innocence. The article identifies a number of institutional factors on which this system of pre-trial evidentiary regulation depends. (shrink)

This article questions the continued use and application of EVA® (economic value added) because it is epistemologically a non-sequitur, fails to satisfy the requirements of sound research methodology in terms of being a reliable and valid metric, and is unlikely to satisfy the requirements of Rule 702 of the Federal Rules of Evidence. In the light of these insufficiencies, the continued use of EVA® is ethically questionable, and moreover in time is likely to result in class actions.

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)

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)

Judges were never bound by law to convict a defendant unless they considered him guilty. Yet, they could be prohibited by law from convicting a person they consider guilty due to the absence of legally prescribed or the presence of legally prohibited evidence.Evaluation of Evidence addresses the question: should the law restrict the freedom of judges in assessing the probative value of evidence in the criminal process? Tracing the treatment of evidence from pre-modern to modern times, (...) Mirjan Damaška argues that there has always been some understanding about rules regarding the use and treatment of evidence, and these rules should not be looked askance as a departure from ideal arrangements. In a time when science and technology have the ability to contribute to factual inquiry, there needs to be acceptance of rules that expand or corroborate evidence produced by our native sensory apparatus. (shrink)

This experiment investigated the use of positive and negative hypothesis and target tests by groups in an adaptation of the 2-4-6 Wason task. The experimental variables were range of rule (small vs large), amount of evidence (low vs high), and trial block (1 vs 2). The results were in accordance with Klayman and Ha's (1987) analysis of base rate probabilities of falsification and with additional theoretical considerations. Base rate probabilities were more descriptive of participants' behaviour in target than in (...) hypothesis tests, under low than under high amount of evidence, and at the beginning of the process than at its end. The percentage of positive tests was higher under small than large range of rule. More falsifications than verifications resulted from hypothesis tests than would be expected by a random process. When evidence is richly available, the relative importance of falsification seems to decrease. An analysis of the group compositions before and after group discussion by the PCD model (Crott, Werner, & Hoffmann, 1996) revealed that the normative weight was approximately twice as large as the informational. Groups produced fewer false answers than their members individually. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

The rapidly increasing role of automation throughout the economy, culture and our personal lives has generated a large literature on the risks of algorithmic decision-making, particularly in high-stakes legal settings. Algorithmic tools are charged with bias, shrouded in secrecy, and frequently difficult to interpret. However, these criticisms have tended to focus on particular implementations, specific predictive techniques, and the idiosyncrasies of the American legal-regulatory regime. They do not address the more fundamental unease about the prospect that we might one day (...) replace judges with algorithms, no matter how fair, transparent, and intelligible they become. The aim of this paper is to propose an account of the source of that unease, and to evaluate its plausibility. I trace foundational unease with algorithmic decision-making in the law to the powerful intuition that there is a basic moral and legal difference between showing that something is true of many people just like you and showing that it is true of you. Human judgment attends to the exception; automation insists on blindly applying the rule. I show how this intuitive thought is connected to both epistemological arguments about the value of statistical evidence, as well as to court-centered conceptions of the rule of law. Unease with algorithmic decision-making in the law thus draws on an intuitive principle that underpins a disparate range of views in legal philosophy. This suggests the principle is deeply ingrained. Nonetheless, I argue that the powerful intuition is not as decisive as it may seem, and indeed runs into significant epistemological and normative challenges. At an epistemological level, I show how concerns about statistical evidence's ability to track the truth can be resolved by adopting a probabilistic, rather than modal, conception of truth-tracking. At a normative level, commitment to highly individualized decision-making co-exists with equally ingrained and competing principles, such as consistent application of law. This suggests that the “rule of law” may not identify a discrete set of institutional arrangements, as proponents of a court-centric conception would have it, but rather a more loosely defined set of values that could potentially be operationalized in multiple ways, including through some level of algorithmic adjudication. Although the prospect of replacing judges with algorithms is indeed unsettling, it does not necessarily entail unreasonable verdicts or an attack on the rule of law. (shrink)

The philosophy of evidence-based medicine -- What is EBM? -- What is good evidence for a clinical decision? -- Ruling out plausible rival hypotheses and confounding factors : a method -- Resolving the paradox of effectiveness : when do observational studies offer the same degree of evidential support as randomized trials? -- Questioning double blinding as a universal methodological virtue of clinical trials : resolving the Philip's paradox -- Placebo controls : problematic and misleading baseline measures of effectiveness (...) -- Questioning the methodological superiority of "placebo" over "active" controlled trials -- Examining the paradox that traditional roles for mechanistic reasoning and expert -- Judgment have been up-ended by EBM -- A qualified defence of the EBM stance on mechanistic reasoning -- Knowledge that versus knowledge how : situating the EBM position on expert clinical judgment -- Moving EBM forward. (shrink)

Proposed changes to the Common Rule are proffered to save almost 7,000 reviews annually and consequently vast amounts of investigator and IRB-member time. However, the proposed changes have been subject to criticism. While some have lauded the changes as being imperfect, but nevertheless as improvements, others have contended that ‘neither the scientific community nor the public can be confident that improved practices will emerge from the regulatory changes mandated by the NPRM.’ In the present article, I discuss an important aspect (...) that has been overlooked: the question of whether benefits will emerge is demonstrably empirical, yet data upon which to draw conclusions are conspicuous by their absence. This is thrown into sharp relief when we consider the current environment in which health research is increasingly focused on providing evidence of need or benefit, where there is greater emphasis on evidence-based practice, and when we have the nascent field of implementation science. (shrink)

In the pathbreaking essays collected here, Neumann and Kirchheimer demonstrate that the death of democracy and the rise of fascism during the first half of the twentieth century suggest crucial lessons for contemporary political and legal scholars. The volume includes writings on constitutionalism, political freedom, Nazism, sovereignty, and both Nazi and liberal law. Most important, the Frankfurt authors point to the continuing efficacy of the rule of law as an instrument for regulating and restraining state authority, as well as ominous (...) evidence of the rule of law's fragility in modern liberal democracy. (shrink)

In this paper, the relationship between the e-value of a complex hypothesis, H, and those of its constituent elementary hypotheses, Hj, j = 1… k, is analyzed, in the independent setup. The e-value of a hypothesis H, ev, is a Bayesian epistemic, credibility or truth value defined under the Full Bayesian Significance Testing mathematical apparatus. The questions addressed concern the important issue of how the truth value of H, and the truth function of the corresponding FBST structure M, relate to (...) the truth values of its elementary constituents, Hj, and to the truth functions of their corresponding FBST structures Mj, respectively. (shrink)

Information is a peculiar quantity. Unlike matter and energy, which are conserved by the laws of physics, the aggregation of knowledge from many sources can in fact produce more information (synergy) or less (redundancy) than the sum of its parts. This feature can endow groups with problem‐solving strategies that are superior to those possible among noninteracting individuals and, in turn, may provide a selection drive toward collective cooperation and coordination. Here we explore the formal properties of information aggregation as a (...) general principle for explaining features of social organization. We quantify information in terms of the general formalism of information theory, which also prescribes the rules of how different pieces of evidence inform the solution of a given problem. We then show how several canonical examples of collective cognition and coordination can be understood through principles of minimization of uncertainty (maximization of predictability) under information pooling over many individuals. We discuss in some detail how collective coordination in swarms, markets, natural language processing, and collaborative filtering may be guided by the optimal aggregation of information in social collectives. We also identify circumstances when these processes fail, leading, for example, to inefficient markets. The contrast to approaches to understand coordination and collaboration via decision and game theory is also briefly discussed. (shrink)

Genomic biobanking research is undergoing exponential growth in Africa raising a host of legal, ethical and social issues. Given the scientific complexity associated with genomics, there is a growing recognition globally of the importance of science translation and community engagement for this type of research, as it creates the potential to build relationships, increase trust, improve consent processes and empower local communities. Despite this level of recognition, there is a lack of empirical evidence of the practise and processes for (...) effective CE in genomic biobanking in Africa. To begin to address this vacuum, 17 in-depth face to face interviews were conducted with South African experts in genomic biobanking research and CE to provide insight into the process, benefits and challenges of CE in South Africa. Emerging themes were analysed using a contextualised thematic approach. Several themes emerged concerning the conduct of CE in genomic biobanking research in Africa. Although the literature tends to focus on the local community in CE, respondents in this study described three different layers of stakeholder engagement: community level, peer level and high level. Community level engagement includes potential participants, community advisory boards and field workers; peer level engagement includes researchers, biobankers and scientists, while high level engagement includes government officials, funders and policy makers. Although education of each stakeholder layer is important, education of the community layer can be most challenging, due to the complexity of the research and educational levels of stakeholders in this layer. CE is time-consuming and often requires an interdisciplinary research team approach. However careful planning of the engagement strategy, including an understanding of the differing layers of stakeholder engagement, and the specific educational needs at each layer, can help in the development of a relationship based on trust between the research team and various stakeholder groups. Since the community layer often comprises vulnerable populations in low and middle income countries, co-development of innovative educational tools on genomic biobanking is essential. CE is clearly a component of a broader process best described as stakeholder engagement. (shrink)

Biologists, historians, lawyers, art historians, and literary critics all voice arguments in the critical dialogue about what constitutes evidence in research and scholarship. They examine not only the constitution and "blurring" of disciplinary boundaries, but also the configuration of the fact-evidence distinctions made in different disciplines and historical moments the relative function of such concepts as "self-evidence," "experience," "test," "testimony," and "textuality" in varied academic discourses and the way "rules of evidence" are themselves products of (...) historical developments. The essays and rejoinders are by Terry Castle, Lorraine Daston, Carlo Ginzburg, Ian Hacking, Mark Kelman, R. C. Lewontin, Pierre Vidal-Naquet, Mary Poovey, Donald Preziosi, Simon Schaffer, Joan W. Scott, Eve Kosofsky Sedgwick, and Barbara Herrnstein Smith. The critical responses are by Lauren Berlant, James Chandler, Jean Comaroff, Arnold I. Davidson, Harry D. harootunian, Elizabeth Helsinger, Thomas C. Holt, Francoise Meltzer, Robert J. Richards, Lawrence Rothfield, Joel Snyder, Cass R. Sunstein, and William Wimsatt. (shrink)

The Role of Dorsal Premotor Cortex in Resolving Abstract Motor Rules provides alternative hypotheses about the cognitive functions affected by the application of repetitive transcranial magnetic stimulation. Their model simulated the effect of stimulation of the left dorsal premotor cortex right as participants provide a Models were used to demonstrate that the increased variability in observed response times can result from interference in replanning during the process of responding to the uninstructed stimulus.

Degrees of belief; Dempster's rule of combination; Simple and separable support functions; The weights of evidence; Compatible frames of discernment; Support functions; The discernment of evidence; Quasi support functions; Consonance; Statistical evidence; The dual nature of probable reasoning.

We compare the performance of liability rules for managing environmental disasters when third parties are harmed and cannot always be compensated. A firm can invest in safety to reduce the likelihood of accidents. The firm’s investment is unobservable to authorities. The presence of externalities and asymmetric information call for public intervention in order to define rules aimed at increasing prevention. We determine the investments in safety under No Liability, Strict Liability, and Negligence rules, and compare these to (...) the first best. Additionally, we investigate how the ability of the firm to fully cover potential damage affects the firm’s behavior. An experiment tests the theoretical predictions. In line with theory, Strict Liability and Negligence are equally effective; both perform better than No Liability; investment in safety is not sensitive to the ability of the firm to compensate potential victims. In contrast with theory, however, prevention rates absent liability are much higher and liability is much less effective. (shrink)

This is a study of the logic of the concept of evidence. Two distinct concepts of evidence will be explicated and analyzed: confirming evidence by means of which an hypothesis is established, and supporting evidence which does not establish the hypothesis, but merely renders it more tenable. The formal characteristics of each of these concepts of evidence will be examined in detail in Part II. In Part III these considerations are used as a basis for (...) a survey of rules of evidence in order to establish the systematic character of the evidential relationship from the standpoint of formal logic. Finally, the Conclusion appends a brief indication of the methodological bearing of the logical theory of evidence. (shrink)

A substantial body of empirical evidence shows that individuals overweight extreme events and act in conflict with the expected utility theory. These findings were the primary motivation behind the development of a rank-dependent utility theory for choice under uncertainty. The purpose of this paper is to demonstrate that some simple empirical rules of thumb for choice under uncertainty are consistent with the rank-dependent utility theory.

Diversity of evidence is widely claimed to be crucial for evidence amalgamation to have distinctive epistemic merits. Bayesian epistemologists capture this idea in the variety-of-evidence thesis: ceteris paribus, the strength of confirmation of a hypothesis by an evidential set increases with the diversity of the evidential elements in that set. Yet, formal exploration of this thesis has shown that it fails to be generally true. This article demonstrates that the thesis fails in even more circumstances than recent (...) results would lead us to expect. Most importantly, it can fail whatever the chance that the evidential sources are unreliable. Our results hold for two types of degrees of variety: reliability independence and testable aspect independence. We conclude that the variety-of-evidence thesis can, at best, be interpreted as an exception-prone rule of thumb. (shrink)

WE AIM HERE to outline a theory of evidence for use. More specifically we lay foundations for a guide for the use of evidence in predicting policy effectiveness in situ, a more comprehensive guide than current standard offerings, such as the Maryland rules in criminology, the weight of evidence scheme of the International Agency for Research on Cancer (IARC), or the US ‘What Works Clearinghouse’. The guide itself is meant to be well-grounded but at the same (...) time to give practicable advice, that is, advice that can be used by policy-makers not expert in the natural and social sciences, assuming they are well-intentioned and have a reasonable but limited amount of time and resources available for searching out evidence and deliberating. (shrink)

Diversity of evidence is widely claimed to be crucial for evidence amalgamation to have distinctive epistemic merits. Bayesian epistemologists capture this idea in the variety-of-evidence thesis: ceteris paribus, the strength of confirmation of a hypothesis by an evidential set increases with the diversity of the evidential elements in that set. Yet, formal exploration of this thesis has shown that it fails to be generally true. This article demonstrates that the thesis fails in even more circumstances than recent (...) results would lead us to expect. Most importantly, it can fail whatever the chance that the evidential sources are unreliable. Our results hold for two types of degrees of variety: reliability independence and testable aspect independence. We conclude that the variety-of-evidence thesis can, at best, be interpreted as an exception-prone rule of thumb. (shrink)

The demands of rationality are linked both to our subjective normative perspective (given that rationality is a person-level concept) and to objective reasons or favoring relations (given that rationality is non-contingently authoritative for us). In this paper, I propose a new way of reconciling the tension between these two aspects: roughly, what rationality requires of us is having the attitudes that correspond to our take on reasons in the light of our evidence, but only if it is competent. I (...) show how this view can account for structural rationality on the assumption that intentions and beliefs as such involve competent perceptions of downstream reasons, and explore various implications of the account. (shrink)

Richard Jeffrey's generalization of Bayes' rule of conditioning follows, within the theory of belief functions, from Dempster's rule of combination and the rule of minimal extension. Both Jeffrey's rule and the theory of belief functions can and should be construed constructively, rather than normatively or descriptively. The theory of belief functions gives a more thorough analysis of how beliefs might be constructed than Jeffrey's rule does. The inadequacy of Bayesian conditioning is much more general than Jeffrey's examples of uncertain perception (...) might suggest. The ``parameter α '' that Hartry Field has introduced into Jeffrey's rule corresponds to the "weight of evidence" of the theory of belief functions. (shrink)

In this paper, I provide an argument for rejecting Sarah Moss's recent account of legal proof. Moss's account is attractive in a number of ways. It provides a new version of a knowledge-based theory of legal proof that elegantly resolves a number of puzzles about mere statistical evidence in the law. Moreover, the account promises to have attractive implications for social and moral philosophy, in particular about the impermissibility of racial profiling and other harmful kinds of statistical generalisation. In (...) this paper, I show that Moss's account of legal proof crucially depends on a moral norm called the rule of consideration. I argue that we have a number of reasons to be sceptical of this rule. Once we reject the rule, it is not clear that Moss's account of legal proof is either plausible or attractive. (shrink)

Epistemic and practical interests are often in conflict. This also occurs in institutional settings such as the legal one. Rule 407 of the U.S. Federal Rules of Evidence is an example of that because it sacrifices some epistemic interests in favour of practical ones. It is the rule on subsequent remedial measures (SRM), which is mainly designed to answer a practical concern (reducing accidents) instead of the epistemic one of getting some evidence to find out whether the (...) defendant was negligent or whether there was a defect in a product. Some commentators and courts think that the rationale of the rule is more complex and deserves a more careful discussion, as this paper shows. Additionally, this paper discusses a modification proposal (from categorical ban of SRM evidence to case‐by‐case decision) and develops some theoretical considerations, in the spirit of philosophical pragmatism, on the best way to conceptualize the problem addressed. The idea is to see such conflicts as conflicts of goals and to explain them in terms of the incompatible desires that we happen to have. (shrink)

In this article, we discuss how we used institutional ethnography (Institutional ethnography as practice, Rowman & Littlefield, Lanham, MD and 2006) to map out powerful ruling relations that organize nurses’ wound care work. In recent years, the growing number of people living with wounds that heal slowly or not at all has presented substantial challenges for those managing the demands on Canada's publicly insured health‐care system. In efforts to address this burden, Canadian health‐care administrators and policy‐makers rely on scientific (...) class='Hi'>evidence about how wounds heal and what treatments are most effective. Advanced wound care exemplifies the growing authorization of particular forms of evidence that change the ways in which nurses come to know about and conduct their work. The focus of this paper's nursing inquiry is a critique of registered nurses’ wound work as it arises within the established uptake of scientific evidence. (shrink)

Following much work in linguistic theory, it is hypothesized that the language faculty has a modular structure and consists of two basic components, a lexicon of (structured) entries and a computational system of combinatorial operations to form larger linguistic expressions from lexical entries. This target article provides evidence for the dual nature of the language faculty by describing recent results of a multidisciplinary investigation of German inflection. We have examined: (1) its linguistic representation, focussing on noun plurals and verb (...) inflection (participles), (2) processes involved in the way adults produce and comprehend inflected words, (3) brain potentials generated during the processing of inflected words, and (4) the way children acquire and use inflection. It will be shown that the evidence from all these sources converges and supports the distinction between lexical entries and combinatorial operations. (shrink)

This paper is about a tension between two theses. The first is Value of Evidence: roughly, the thesis that it is always rational for an agent to gather and use cost‐free evidence for making decisions. The second is Rationality of Imprecision: the thesis that an agent can be rationally required to adopt doxastic states that are imprecise, i.e., not representable by a single credence function. While others have noticed this tension, I offer a new diagnosis of it. I (...) show that it arises when an agent with an imprecise doxastic state engages in an unreflective inquiry, an inquiry where they revise their beliefs using an updating rule that doesn't satisfy a weak reflection principle. In such an unreflective inquiry, certain synchronic norms of instrumental rationality can make it instrumentally irrational for an agent to gather and use cost‐free evidence. I then go on to propose a diachronic norm of instrumental rationality that preserves Value of Evidence in unreflective inquiries. This, I suggest, may help us reconcile this thesis with Rationality of Imprecision. (shrink)

We think the present moment is a timely one for debating the relation between evidentiary protocols and academic disciplines. Since academic practices for constituting and deploying evidence tend to be discipline-specific, the much-discussed crisis of the disciplines in recent years has given rise to a series of controversies about the status of evidence in current modes of investigation and argument: deconstruction, gender studies, new historicism, cultural studies, new approaches to the history and philosophy of science, the critical legal (...) studies movement, and so on. Unfortunately, these controversies too often devolve into oversimplified debates about who has the evidence and who does not, who did their homework and who did not, or about the dangers of an ill-defined academic relativism. Attention needs to be better and otherwise directed: at the configuration of the fact-evidence distinction in different disciplines and historical moments, for example; or at the relative function of such notions as “self-evidence,” “experience,” “test,” “testimony,” and “textuality” in various academic discourses; or at the ways in which the invoked “rules of evidence” are themselves the products of historical developments, and themselves undergo redifferentiation and reformulation. James Chandler, professor of English at the University of Chicago, is the author of Wordsworth’s Second Nature . He is currently completing England in 1819, studies in and of romantic case history. Arnold I. Davidson, executive editor of Critical Inquiry, teaches philosophy and the history of science at the University of Chicago. He is currently working on the history of horror as it relates to the epistemology of norms and deviations and is editing a collection of essays on Heidegger, philosophy, and National Socialism. Harry Harootunian, a coeditor of Critical Inquiry and professor of history and East Asian languages and civilizations at the University of Chicago, is the author of Things Seen and Unseen: Discourse and Ideology in Tokigawa and editor, with Masao Miyoshi, of Postmodernism and Japan. (shrink)

The purpose of this note is to examine the claim made by Howard Smokler that “Goodman's paradox should be considered as an independent argument against a conception of inductive logic which makes use of rules of acceptance”.Smokler's claim arises from his treatment of Goodman's paradox in the form given it by Israel Scheffler. Schefflerhas discussed this paradox primarily in the context of a methodology of induction which views inductive rules as rules of acceptance permitting one to assert (...) detached conclusions. The inductive rule considered by Scheffler is described as follows: What leads us to make one particular prediction rather than its opposite is not its deducibility froIII evidence but rather its congruence with a generalization thoroughly in accord with all such evidence, and the correlative disconfirmation of the contrary generalization by the same evidence.. (shrink)

The information explosion and digital modes of learning often combine to inform the quest for the best ways of transforming information in digital form for pedagogical purposes. This quest has become more urgent and pervasive with the ‘turn’ to online learning in the context of COVID-19. This can result in linear, asynchronous, transmission-based modes of teaching and learning which commodify, package and deliver knowledge for individual ‘customers’. The primary concerns in such models are often technical and economic – technology as (...) a cost-effective ‘solution’ to educational challenges. In this paper I argue for the importance of dialogic learning space in teaching and learning by means of Information and Communication Technologies, whether in the form of fully online learning, blended learning or face-to-face encounters using ICT affordances. Although the 20th Century theorists Mikhail Bakhtin (1895–1975) and Hans-Georg Gadamer (1900–2002) produced their seminal works before the advent of ICTs, they were both concerned with the quality and authenticity of human engagement with texts and with other persons and contexts. Besides a shared interest in dialogue as an ontological feature of human life and being, they both used spatiotemporal concepts for understanding and interpreting texts. The article draws on Gadamer’s notions of dialogue and horizon, and Bakhtin’s notions of dialogue and chronotope, to conceptualize dialogic possibilities for online education. Its purpose is to provide a framework, grounded in Bakhtin’s and Gadamer’s ideas, for a dialogic approach to online teaching and learning in higher education. (shrink)

This paper tests a novel implication of the original version of prospect theory (Kahneman and Tversky, 1979): that choices may systematically violate transitivity. Some have interpreted this implication as a weakness, viewing it as an anomaly generated by the ‘editing phase’ of prospect theory which can be rendered redundant by an appropriate re-specification of the preference function. Although there is some existing evidence that transitivity fails descriptively, the particular form of non-transitivity implied by prospect theory is quite distinctive and (...) hence presents an ideal opportunity to expose that theory to test. An experiment is reported which reveals strong evidence of the predicted intransitivity. It is argued that the existence of this new form of non-transitive behaviour presents a fresh theoretical challenge to those seeking descriptively adequate theories of choice behaviour, and a particular challenge to those who seek explanations within the conventional economic paradigm of utility maximisation. (shrink)

Drawing on previous empirical research, we provide an exemplary narrative to illustrate how patients have experienced hospital care organized according to evidence‐based fast‐track programmes. The aim of this paper was to analyse and discuss if and how it is possible to include patients’ individual perspectives in an evidence‐based practice as seen from the point of view of nursing theory. The paper highlights two conflicting courses of development. One is a course of standardization founded on evidence‐based recommendations, which (...) specify a set of rules that the patient must follow rigorously. The other is a course of democratization based on patients’ involvement in care. Referring to the analysis of the narrative, we argue that, in the current implementation of evidence‐based practice, the proposed involvement of patients resembles empty rhetoric. We argue that the principles and values from evidence‐based medicine are being lost in the transformation into the current evidence‐based hospital culture which potentially leads to a McDonaldization of nursing practice reflected as ‘one best way’. We argue for reviving ethics of care perspectives in today's evidence practice as the fundamental values of nursing may potentially bridge conflicts between evidence‐based practice and the ideals of patient participation thus preventing a practice of ‘McNursing’. (shrink)

ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that (...) sensitivity does not have much of an effect on the value of legal evidence and that it fails to explain legal doctrine. By contrast, safety affects the quality of legal evidence, and safety better explains central features of the law of evidence, including probative value, admissibility rules, and standards of proof. (shrink)

My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is adopted, there (...) is no tension between the principled approach to hearsay and the rule of law. (shrink)