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 important new book examines in some detail the law relating to confessions, unlawful evidence, and the 'right to silence' in the police station. The author also looks at the principles which lie behind this branch of the law. As well as his close examination of the English position, the author also looks at alternative approaches taken by Scottish, Irish, Australian, Canadian, and American legal systems. There is no other book written in English which gives such systematic treatment to (...) this subject. (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)

According to current hierarchies of evidence for EBM, evidence of correlation is always more important than evidence of mechanisms when evaluating and establishing causal claims. We argue that evidence of mechanisms needs to be treated alongside evidence of correlation. This is for three reasons. First, correlation is always a fallible indicator of causation, subject in particular to the problem of confounding; evidence of mechanisms can in some cases be more important than evidence of (...) correlation when assessing a causal claim. Second, evidence of mechanisms is often required in order to obtain evidence of correlation. Third, evidence of mechanisms is often required in order to generalise and apply causal claims. While the EBM movement has been enormously successful in making explicit and critically examining one aspect of our evidential practice, i.e., evidence of correlation, we wish to extend this line of work to make explicit and critically examine a second aspect of our evidential practices: evidence of mechanisms. (shrink)

The foreskin is a complex structure that protects and moisturizes the head of the penis, and, being the most densely innervated and sensitive portion of the penis, is essential to providing the complete sexual response. Circumcision—the removal of this structure—is non-therapeutic, painful, irreversible surgery that also risks serious physical injury, psychological sequelae, and death. Men rarely volunteer for it, and increasingly circumcised men are expressing their resentment about it.Circumcision is usually performed for religious, cultural and personal reasons. Early claims about (...) its medical benefits have been proven false. The American Academy of Pediatrics and the Centers for Disease Prevention and Control have made many scientifically untenable claims promoting circumcision that run counter to the consensus of Western medical organizations.Circumcision violates the cardinal principles of medical ethics, to respect autonomy, to do good, to do no harm, and to be just. Without a clear medical indication, circumcision must be deferred until the child can provide his own fully informed consent.In 2012, a German court held that circumcision constitutes criminal assault. Under existing United States law and international human rights declarations as well, circumcision already violates boys› absolute rights to equal protection, bodily integrity, autonomy, and freedom to choose their own religion. A physician has a legal duty to protect children from unnecessary interventions. Physicians who obtain parental permission through spurious claims or omissions, or rely on the American Academy of Pediatrics' position, also risk liability for misleading parents about circumcision. (shrink)

Violations of ethical conductThis article is about torture, power and the breach of ethical conduct among military doctors, nurses and medics in the “War on Terror”. Violations of ethical conduct have been widely recounted in academic and non-academic journals and reports.1 This paper is also a call to international boards of doctors and nurses to intervene directly to stop abuses undertaken by US military healthcare providers under the guise of the War on Terror. With evidence growing that US military (...) and security services are actively engaged in the ill treatment, torture and deaths of suspects, details about the participation of healthcare professionals in such unlawful and unethical activities remain for the most part timidly accounted for. But according to current literature on this topic, there is increasing evidence that US doctors, nurses and medics have been complicit in torture and other unethical activities in Afghanistan, Iraq and Guantanamo Bay .2–4The US government has inadequately dealt with these facts. Senior officials in the Bush administration who have played a major part in conducting the War on Terror have been either promoted or asked to remain in their posts. More seriously, despite worldwide condemnation of the reality behind the photos, allegations of torture continue at Guantanamo Bay, Cuba.5 The graphic and appalling nature of several photographs are by no means the only evidence of abuses conducted by the US on its own territory and abroad. But the complicity of healthcare professionals in many venues , such as in capital punishment procedures in the US, exacerbates the already disturbing extent of bio-political abuses by the US government.Doctors and nurses often top the polls as caring and trustworthy professionals.6 Indeed, so strong …. (shrink)

Analysis of the U.S., Canadian and English approaches to excluding illegally obtained real evidence, which passes the threshold test of authenticity, probative value and relevance, reveals various ways in which poisoned truths are treated in criminal legal systems. A person who has no interaction with the criminal legal system may of course be considerably sympathetic to the English rule which attempts always to reveal the immediate truth. For if one considers only an individual criminal case, the English rule (...) certainlyappears to value truth above all else. However, a contextual analysis makes it clear that there is a systemic effect in always revealing the truth that may result in fewer incidents of the truth being revealed in the future than if the immediate truth were suppressed in a particular case. The U.S. and Canadian exclusionary rules recognize the systemic harm of automatically revealing all truths the moment the truths become apparent. While the U.S. courts have had trouble agreeing on the rationale for excluding illegally obtained real evidence, they have come up with a rule which in the end balances the immediate harm of exclusion of the truth and the systemic harm of its inclusion. The U.S. rule is also very predictable, clearly setting out when a future truth is threatened by revealing an immediate truth. The Canadian rule is in the early stages of development, and, while there is a clearly stated rationale that seeks a justice of truth, it is not sufficiently concrete to allow one to predict when the rationale of a justice of truth will be achieved. In the final analysis, and in contrast to the English exclusionary rule, both the Canadian and U.S. rules address thesystemic harm of always including illegally obtained real evidence. (shrink)

The increasing use of digital technologies in judicial and arbitration proceedings increases the usage of digital evidence by the parties, which brings the necessity of creating patterns for adjudicators to admit and assess this new type of evidence. This paper generally addresses digital evidence focusing on the second moment in international arbitration proceedings. It also narrows the topic to hacked and leaked evidence and its admissibility in international arbitration. The literature review showed a significant amount of (...) research devoted to the evidence in arbitration. Some considered electronic evidence within one jurisdiction; others focused on certain forms of digital evidence such as electronic signatures. Papers on digital evidence in international arbitration approach arbitration rules for digital evidence but skip admissibility issues. No systemic and complex works research digital evidence in arbitration, explicitly focusing on the admissibility of hacked and leaked digital evidence from a comparative perspective. Also, no research deals with enforcing international arbitration awards relying on illegally obtained digital evidence. In these cases, there could be a possible violation of domestic public policy under the New York Convention terms (art. V, 2, b). That is why the paper aims to offer the concept of digital evidence in international arbitration, including hacked and leaked evidence, criteria of its admissibility and relevance, and design the arbitration guidelines for assessing hacked and leaked evidence. Comparative legal analysis of the international arbitration rules and national procedure law allowed us to compare the regulatory approaches to the definition of digital evidence and its admissibility worldwide. The method of legal modeling allowed designing model guidelines for arbitral tribunals to evaluate the admissibility and relevance of digital evidence, including hacked and leaked evidence. Moreover, the case study method allowed us to analyze jurisprudence and define criteria for admission of hacked and leaked evidence. We conclude that the admissibility of hacked and leaked evidence depends solely on the arbitrator’s broad discretion to assess the evidence. Nevertheless, thorough evidence analysis and a well-reasoned award are always mandatory. (shrink)

Statistical evidence is pervasive in medicine. In this chapter we will focus on the reliability of randomized clinical trials (RCTs) conducted to test the safety and efficacy of medical treatments. RCTs are scientific experiments and, as such, we expect them to be replicable: if we repeat the same experiment time and again, we should obtain the same outcome (Norton 2015). The statistical design of the test should guarantee that the observed outcome is not a random event, but rather a (...) real effect of the treatments administered. However, for more than a decade now, we have been discussing a replicability crisis across different experimental disciplines including medicine: the outcomes of trials published in very prestigious journals often disappear when the experiment is repeated (see, e.g., Lehrer 2010, Begley and Ellis 2012, Horton 2015). -/- There are different accounts of the reason for this replicability crisis, ranging from scientific fraud to lack of institutional incentives to double-check someone else’s results. In this chapter we will use the replicability crisis as a thread to introduce some central issues in the design of scientific experiments in medicine. First, in section 1, we will see how replicability and statistical significance are connected: we can only make sense of the p-value of a trial outcome within a series of replications of the test. But in order to conduct these replications properly, we need to agree on the proper design of the experiment we are going to repeat. In particular, we need to prevent the preferences of the experimenters from biasing the outcome of the experiment. If there is such a bias, when the experiment is replicated by a third party, the observed outcome will vanish. In section 2, we will argue that trialists need to agree on the debiasing procedures and the statistical quality controls that feature in the trial protocol, if they want the outcome to be replicable. In section 3, we will make two complementary points. On the one hand, replicability per se is not everything: we need trial outcomes that are not only statistically significant but also clinically relevant. On the other hand, trials are not everything: the experts analyzing the evidence can improve the reliability of statistical evidence, although they sometimes fail; we need to further study how they make their decisions. In section 4, we will use a controversy about the overprescription of statins to show how non-replicable effects are obtained in trials and how experts may fail at detecting such flaws, if the commercial interests are big enough. (shrink)

Proponents of evidence-based medicine have argued convincingly for applying this scientific method to medicine. However, the current methodological framework of the EBM movement has recently been called into question, especially in epidemiology and the philosophy of science. The debate has focused on whether the methodology of randomized controlled trials provides the best evidence available. This paper attempts to shift the focus of the debate by arguing that clinical reasoning involves a patchwork of evidential approaches and that the emphasis (...) on evidence hierarchies of methodology fails to lend credence to the common practice of corroboration in medicine. I argue that the strength of evidence lies in the evidence itself, and not the methodology used to obtain that evidence. Ultimately, when it comes to evaluating the effectiveness of medical interventions, it is the evidence obtained from the methodology rather than the methodology that should establish the strength of the evidence. (shrink)

Background:: Over the past few years, research ethics committees have increasingly demanded explicit consent before archival tissue samples can be used in research projects. Current UK guidance in this area requires an assessment of whether it is “practical” to obtain explicit consent. Ethics committees have little experience or evidence to help them to judge what is “practical” in this context.Methods:: We attempted to obtain general consent for research use of surplus tissue from renal transplant biopsies from the entire patient (...) population of the renal transplant unit in Leicester. The nature of this patient population would be expected to facilitate this task.Results:: A total of 495 letters were sent. Attempts were made to contact non-responders when they attended the outpatient clinic. One year after the initiation of the project, the opinions of 26% of the patients had still not been ascertained.Conclusions:: The results confirm that the vast majority of patients are happy for “surplus” biopsy material to be used for research; the situation does not parallel the use of autopsy tissue. A requirement to obtain explicit consent for the study of archival tissue is likely, however, to block or at least seriously delay research, which is contrary to the public interest and specifically may harm the interests of the patients concerned. In the UK, the problem of tissue being used against the wishes of the donor has now been largely replaced by the problem of prohibition of tissue use against the wishes of the donor. (shrink)

It seems intuitive that our credal states are improved if we obtain evidence favoring truth over any falsehood. In this regard, Fallis and Lewis have recently provided and discussed some formal versions of such an intuition, which they name ‘the Monotonicity Principle’ and ‘Elimination’. They argue, with those principles in hand, that the Brier rule, one of the most popular rules of accuracy, is not a good measure, and that accuracy-firsters cannot underwrite both probabilism and conditionalization. In this paper, (...) I will argue that their conclusions are somewhat hasty. Specifically, I will demonstrate that there is another version of the Monotonicity Principle that can be satisfied by some additive rules of accuracy, such as the Brier rule. Moreover, it will also be argued that their version of the principle has some undesirable features regarding the epistemic betterness. Therefore, their criticisms can hardly jeopardize accuracy-firsters until any further justification of their versions of the Monotonicity Principle and Elimination is provided. (shrink)

This paper introduces the logic of evidence and truth \ as an extension of the Belnap–Dunn four-valued logic \. \ is a slightly modified version of the logic \, presented in Carnielli and Rodrigues. While \ is equipped only with a classicality operator \, \ is equipped with a non-classicality operator \ as well, dual to \. Both \ and \ are logics of formal inconsistency and undeterminedness in which the operator \ recovers classical logic for propositions in its (...) scope. Evidence is a notion weaker than truth in the sense that there may be evidence for a proposition \ even if \ is not true. As well as \, \ is able to express preservation of evidence and preservation of truth. The primary aim of this paper is to propose a probabilistic semantics for \ where statements \\) and \\) express, respectively, the amount of evidence available for \ and the degree to which the evidence for \ is expected to behave classically—or non-classically for \ \). A probabilistic scenario is paracomplete when \ + P 1\), and in both cases, \ < 1\). If \ = 1\), or \ = 0\), classical probability is recovered for \. The proposition \, a theorem of \, partitions what we call the information space, and thus allows us to obtain some new versions of known results of standard probability theory. (shrink)

According to a standard account of evidence, one piece of information is stronger evidence for an hypothesis than is another iff the probability of the hypothesis on the one is greater than it is on the other. This condition, I argue, is neither necessary nor sufficient because various factors can strengthen the evidence for an hypothesis without increasing (and even decreasing) its probability. Contrary to what probabilists claim, I show that this obtains even if a probability function (...) can take these evidential factors into account in ways they suggest and yield a unique probability value. Nor will the problem be solved by appealing to second-order probabilities. (shrink)

In the past twenty years, advances in forensic DNA technology have revolutionized the American criminal justice system. The use of forensic DNA testing in America began in 1987, and its demonstrated scientific accuracy quickly led jurisdictions to accept expert testimony regarding DNA matches between suspects and crime scene evidence. Wielding the power to exonerate the innocent and apprehend the guilty, the use of DNA identification technology has become an indispensable resource for prosecutors and law enforcement officials, as well as (...) for defense lawyers representing persons falsely accused or wrongfully convicted of crimes they did not commit. As states began to compile DNA profiles from convicted offenders, the need for a repository for these profiles resulted in the DNA database.Originally, DNA databases included only “those classes of offenders with a high recidivism rate, such as sex offenders and violent felons.” Recognizing the crime-solving potential of this technology, state legislatures soon began to expand the scope of DNA database statutes to include broader classes of offenders. (shrink)

Cognitive theorists routinely disagree about the evidence supporting claims in cognitive science. Here, we first argue that some disagreements about evidence in cognitive science are about the evidence available to be drawn upon by cognitive theorists. Then, we show that one’s explanation of why this first kind of disagreement obtains will cohere with one’s theory of evidence. We argue that the best explanation for why cognitive theorists disagree in this way is because their evidence is (...) what they rationally grant. Finally, we explain why our view does not lead to a pernicious kind of relativism in cognitive science. (shrink)

In the past twenty years, advances in forensic DNA technology have revolutionized the American criminal justice system. The use of forensic DNA testing in America began in 1987, and its demonstrated scientific accuracy quickly led jurisdictions to accept expert testimony regarding DNA matches between suspects and crime scene evidence. Wielding the power to exonerate the innocent and apprehend the guilty, the use of DNA identification technology has become an indispensable resource for prosecutors and law enforcement officials, as well as (...) for defense lawyers representing persons falsely accused or wrongfully convicted of crimes they did not commit. As states began to compile DNA profiles from convicted offenders, the need for a repository for these profiles resulted in the DNA database.Originally, DNA databases included only “those classes of offenders with a high recidivism rate, such as sex offenders and violent felons.” Recognizing the crime-solving potential of this technology, state legislatures soon began to expand the scope of DNA database statutes to include broader classes of offenders. (shrink)

Rationale In Belgium, several policies regulating reimbursement of acid suppressant drugs and evidence-based recommendations for clinical practice were issued in a short period of time, creating a unique opportunity to observe their effect on prescribing. Aims and objectives To describe the evolution of prescriptions for acid suppressants and explore the interaction of policies and practice recommendations with prescribing patterns. Method Monthly claims-based data for proton pump inhibitors (PPIs) and H-2-antihistamines by general practitioners, internists and "astroenterologists were obtained from (...) the Belgian national health insurance database (1997-2005). The evolution of reimbursed defined daily doses and expenses after introduction of reimbursement regulations and dissemination of practice recommendations was explored. Results Recommendations had no impact on prescribing. All changes can be related to concomitant policies. Lifting reimbursement restrictions for cheaper products did not control growth or save costs in the Iona term. Only restricting reimbursement of all PPIs managed to curb the growth. We observed an unintended increase of non-omeprazole PPIs by gastroenterologists. Conclusions Reimbursement policies influence prescribing, but their effect can be unintended. A dialogue between policymakers and guideline developers, and evidence-based policies that are linked to clinical guidelines, could be an effective way to pursue both cost-containment and quality of care. (shrink)

It has recently been argued that successful evidence-based policy should rely on two kinds of evidence: statistical and mechanistic. The former is held to be evidence that a policy brings about the desired outcome, and the latter concerns how it does so. Although agreeing with the spirit of this proposal, we argue that the underlying conception of mechanistic evidence as evidence that is different in kind from correlational, difference-making or statistical evidence, does not correctly (...) capture the role that information about mechanisms should play in evidence-based policy. We offer an alternative account of mechanistic evidence as information concerning the causal pathway connecting the policy intervention to its outcome. Not only can this be analyzed as evidence of difference-making, it is also to be found at any level and is obtainable by a broad range of methods, both experimental and observational. Using behavioral policy as an illustration, we draw the implications of this revised understanding of mechanistic evidence for debates concerning policy extrapolation, evidence hierarchies, and evidence integration. (shrink)

There has been considerable puzzlement over how to respond to higher-order evidence. The existing dilemmas can be defused by adopting a ‘two-dimensional’ representation of doxastic attitudes which incorporates not only substantive uncertainty about which first-order state of affairs obtains but also the degree of conviction with which we hold the attitude. This makes it possible that in cases of higher-order evidence the evidence sometimes impacts primarily on our conviction, rather than our substantive uncertainty. I argue that such (...) a two-dimensional representation is naturally developed by making use of imprecise probabilities. (shrink)

Using the Multiple Object Tracking (MOT) task, Pylyshyn & Leonard (VSS03) showed that a small brief probe dot was detected more poorly when it occurred on a nontarget than when it occurred either on a target or in the space between items, suggesting that moving nontarget items were inhibited. Here we generalize this finding by comparing probe detection performance against a baseline condition in which no tracking was required. We examined both a baseline condition in which objects did not move (...) and one in which they moved exactly as in the probe detection task, but without tracking. Detection in the nonmoving control was essentially error-free, but probe detection performance in the moving (non-tracking) control task did depend on the probe location. Nonetheless, the findings reported earlier (worse detection on nontargets than anywhere else) remained after we took account of the baseline performance (using several different baseline comparison methods). Using this new baseline-control method we also showed that inhibition does not spread more than about 1.3 degrees of visual angle from the nontargets as the latter move during a tracking trial. In the present report we also describe some preliminary studies of conditions under which enhancement of targets, as well as inhibition of nontargets, may be obtained. Increasing the number and type of nontargets appeared to improve the detection of probes on targets, relative to baseline. However, we failed to find evidence that potentially distracting nontarget objects were inhibited more than clearly task-irrelevant objects, as would be expected if inhibition were a top-down process applied in order to improve performance on the main tracking task. For example, using the comparison with its matching baseline, we showed that task-irrelevant stationary items (which are never confused with targets in the tracking task) appeared to be inhibited even more than nontargets. (shrink)

To obtain effective fusion results of multi source evidences with different importance, an evidence fusion method with importance discounting factors based on neutrosopic probability analysis in DSmT framework is proposed. First, the reasonable evidence sources are selected out based on the statistical analysis of the pignistic probability functions of single focal elements. Secondly, the neutrosophic probability analysis is conducted based on the similarities of the pignistic probability functions from the prior evidence knowledge of the reasonable evidence (...) sources. Thirdly, the importance discounting factors of the reasonable evidence sources are obtained based on the neutrosophic probability analysis and the reliability discounting factors of the real-time evidences are calculated based on probabilistic-based distances. Fourthly, the real-time evidences are discounted by the importance discounting factors and then the evidences with the mass assignments of neutrosophic empty sets are discounted by the reliability discounting factors. Finally, DSmT+PCR5 of importance discounted evidences is applied. Experimental examples show that the decision results based on the proposed fusion method are different from the results based on the existed fusion methods. Simulation experiments of recognition fusion are performed and the superiority of proposed method is testified well by the simulation results. (shrink)

Schools in the UK teach pupils about Fairtrade as part of Religious Education, Personal and Social Education, Citizenship, Geography and so on. There are also Fairtrade Schools, where the whole school, including staff and parents, is committed to promoting the brand. It is argued here that promoting this commercial brand to schoolchildren and using the schoolchildren to press adults to buy a product amounts to indoctrination using criteria of intent, methods of teaching and the subject matter. This conflicts with educational (...) goals. It is also shown to be akin to the criminal offence of Unfair Trading: the methods used in teaching used would be unacceptable in normal commercial marketing. A completely separate criticism, based on a wide range of research evidence, is that the schools mislead by giving false information and by suppression of relevant information, again akin to the criminal offence of Unfair Trading. The question of who has the responsibility for preventing such actions is considered. (shrink)

In this article we explore the role evidence ought to play in complementary and alternative medicine. First, we consider the claim that evidence in the form of randomized controlled trials cannot be obtained for CAMs. Second, we consider various claims to the effect that there are ways of obtaining evidence that do not make use of RCTs. We argue that there is no good reason why CAM should be exempted from the general requirement that treatments undergo (...) evaluation by RCT. Third, we consider two implications for health care policy. First, many activities in conventional medicine have never been rigorously evaluated and are widely in use nonetheless. We argue that this fails to provide a reason for exempting CAM from a demand for evidence. Second, CAM use may be compared to a choice of lifestyle, and this has a significant impact on which requirements of evidence can reasonably be imposed. (shrink)

In recent years, the concept of “integrity” has been frequently discussed by scholars, and deployed by courts, in the domain of criminal procedure. In this paper, we are particularly concerned with how the concept has been employed in relation to the problem of the admissibility of evidence obtained improperly. In conceptualising and addressing this problem, the advocates of integrity rely on it as a standard of conduct for the criminal justice authorities and as a necessary condition for the (...) state authority to condemn and punish. We raise a series of challenges that need answering before integrity can perform these roles. Our aim is not to show that integrity is useless in normative theorising about the admissibility of evidence, and about the criminal process in general. Rather, it is to give guidance for the elaboration of a theory of integrity that is cogent, coherent, and has useful implications for the process of proof. (shrink)

Obtaining adequate informed consent from trauma patients is challenging and time-consuming. Healthcare providers must communicate complicated medical information to enable patients to make informed decisions. This study aimed to explore the challenges of obtaining valid consent and methods of improving the quality of the informed consent process for surgical procedures in trauma patients. We conducted a systematic review of relevant English-language full-text original articles retrieved from PubMed that had experimental or observational study design and involved adult trauma patients. Studies involving (...) informed consent in clinical or research trials were excluded. Titles and abstracts of searched articles were reviewed and relevant data were extracted with a structured form. Results were synthesized with a narrative approach. A total of 2044 articles were identified in the initial search. Only eight studies were included in the review for narrative synthesis. Six studies involved orthopedic surgeries, one involved nasal bone surgeries, and one involved trauma-related limb debridement. Only one study was conducted in an emergency department. Information recall was poor for trauma patients. Risk recall and comprehension were greater when written or video information was provided than when information was provided only verbally. Patient satisfaction was also greater when both written and verbal information were provided than when verbal information alone was provided; patients who received video information were more satisfied than patients who received written or verbal information. Many articles have been published on the subject of informed consent, but very few of these have focused on trauma patients. More empirical evidence is needed to support the success of informed consent for trauma patients in the emergency department, especially within the necessarily very limited time frame. To improve the informed consent process for trauma patients, developing a structured and standardized informed consent process may be necessary and achievable; its effectiveness would require evaluation. Adequately educating and training healthcare providers to deliver structured, comprehensive information to trauma patients is crucial. Institutions should give top priority to ensuring patient-centered health care and improved quality of care for trauma patients. (shrink)

Public health communication makes extensive use of a linguistic formulation that will be called the “no evidence” statement. This is a written or spoken statement of the form “There is no evidence that P” where P stands for a proposition that typically describes a human health risk. Danger lurks in these expressions for the hearer or reader who is not logically perspicacious, as arguments that use them are only warranted under certain conditions. The extent to which members of (...) the public are able to determine what those conditions are will be considered by examining data obtained from 879 subjects. The role of “no evidence” statements as cognitive heuristics in public health reasoning is considered. (shrink)

This paper focuses on the linguistic evidence base provided by proponents of conceptualism (e.g., Chomsky) and rational realism (e.g., Katz) and challenges some of the arguments alleging that the evidence allowed by conceptualists is superior to that of rational realists. Three points support this challenge. First, neither conceptualists nor realists are in a position to offer direct evidence. This challenges the conceptualists’ claim that their evidence is inherently superior. Differences between the kinds of available indirect (...) class='Hi'>evidence will be discussed. Second, at least some of the empirical evidence provided by the conceptualist is flawed. It is not obtained independently of theoretical commitments, alternative interpretations have not been ruled out, and some of the thought experiments intended to extend the evidence base are conceptually flawed. Third, the widely held assumption that rational realism disallows empirical evidence relevant to linguistics is dubious. It will be shown that the limitation imposed by rational realism concerns strictly formal linguistics. The rationalist realist has no reason to impose any restriction on the evidence relevant to psycholinguistics. I conclude that it is a mistake to dismiss realism based on the assumption that it imposes undue restrictions on evidence that is relevant to linguistics. (shrink)

Existing behavioral, neuropsychological and functional neuroimaging data suggest that at least two major cognitive strategies are used for new word learning: fast mapping via context-dependent inference and explicit encoding via direct instruction. However, these distinctions remain debated at both behavioral and neurophysiological levels, not least due to confounds related to diverging experimental settings. Furthermore, the neural dynamics underpinning these two putative processes remain poorly understood. To tackle this, we designed a paradigm presenting 20 new spoken words in association with pictures (...) in either FM or EE settings, closely matched for auditory and visual features and overall task demands. We tested word acquisition using a range of behavioral measures as well as passive event-related potential responses, an established measure of word memory trace activation, and compared brain activity elicited by novel FM and EE words before and after the learning session. Behavioral data obtained in free recall, recognition and semantic word-picture matching tasks indicated successful acquisition of new words after just 10 exposures. Crucially, we found no behavioral evidence of different acquisition outcomes between FM and EE learning. ERP data, which exhibited the main response peaks at ~170, 250, and 520 ms, also indicated successful learning, with statistically different responses between novel and familiar words present only before, but not after the training, suggesting rapid formation of new neural memory circuits matching in activation those for previously known words. Furthermore, already at the earliest peak, we found different topographic distributions for the two learning types, with left-lateralized FM dynamics, suggestive of core language system involvement, and more diffuse activity for EE items, possibly suggesting the role of attention/executive control network. A similar effect also manifested later, at ~520 ms. Our data suggest that while both EE and FM learning can be successful for rapid word acquisition at the behavioral level, the diverging electrophysiological patterns suggest a dissociation between the neural systems underpinning these learning strategies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Evidence of Augustinian 'Ressourcement' in the Franciscan Summa Halensis:The Cases of Contra Faustum and De spiritu et litteraMichael S. HahnAmong the thornier issues surrounding the Parisian Franciscan collaborative compilation Summa Halensis1 is the matter of its sources, consideration of which most often involves discernment of its contributing authors and their engagement with near-contemporary texts and trends in twelfth- and thirteenth-century scholastic theology.2 Hiding in plain sight, and thus (...) easily overlooked in this array of detailed concerns, is the privileged place afforded to Augustine of Hippo—and more precisely, to historically underexamined and underutilized of his works—within certain sections of the Franciscan Summa, a dynamic that seems to indicate a deliberate Augustinian ressourcement alongside more standard scholastic uses of stock textual auctoritates.3 [End Page 59]In order to establish the plausibility and general contours of such ressourcement, the present study examines the deployment of Augustine's Contra Faustum and De spiritu et littera in the Franciscan Summa's treatise on law, outlining both the originality and significance of this usage. The study falls into three main parts. In the first part, I offer a brief introduction to these two works, noting their import vis-à-vis Augustine's broader corpus. In the second, I provide a rough sketch of their respective reception histories, limning the standards of use that obtain in twelfth- and thirteenth-century scholastic writings prior to the Franciscan Summa. And in the third part, I detail the employment of these two works in the Summa itself, attending to where and how they are used, and how this usage variously coheres with and moves beyond the preceding theological tradition. Finally, by way of conclusion, I gesture at the immediate impact of this usage, taking as my primary example the later Summa theologiae of Thomas Aquinas. As I aim to show, although these important Augustinian works were not entirely unknown in the twelfth and early thirteenth centuries, there is little evidence of their first-hand utilization in scholastic theology prior to that of the Summa Halensis. Moreover, the Franciscan Summa's ample and markedly astute use of these works can be seen not only to undergird the Augustinian cast of its teaching on the distinction and relation of law and grace, but also to initiate and direct a broader return to these sources among the next generation of mendicant scholastics, Franciscan and Dominican alike.I. Augustine's Contra Faustum and De spiritu et litteraThe present inquiry concerns two very different polemic texts of Augustine that originate from the first decade and a half of the fifth century: the Contra Faustum, composed from around 400 to 403, one of the latest—and by far the longest and most biblically focused—of Augustine's anti-Manichaean works;4 and De spiritu et littera, composed in 412, [End Page 60] among the first of his works against the Pelagians.5 The length and sprawl of the former work is noted by Augustine in his Retractationes, where he presents this as a function of the scattered array of attacks by the Manichaean Faustus of Mileve:Against Faustus the Manichaean, who blasphemed the law and the prophets and their God and the incarnation of Christ, and who asserted that the scriptures of the New Testament by which he is refuted were falsified, I wrote a massive work (grande opus), giving my replies to his words that are set forth. There are thirty-three debates (disputationes), but why may I not call them books (libros) as well? For even if some among them are brief, they are nonetheless books.6Although Augustine touches on many other points in this "massive work," his main task centers on defending and elucidating the divinely ordered harmony of the Old and New Testaments in proclaiming Christ.7 The procedure he employs is chiefly exegetical, involving assertion of the prophetic nature of the Old Testament and illustration of this via figural interpretation of particular passages. What is most distinctive about the Contra Faustum is this specific approach to the Old Testament and its signature emphasis on the prophetic status of those from whom Christ takes his flesh, who especially through the giving... (shrink)

A computational modeling approach was used to test one possible explanation for the limited capacity of the subitizing phenomenon. Most existing models of this phenomenon associate the subitizing span with an assumed structural limitation of the human information processing system. In contrast, we show how this limit might emerge as the combinatorics of the space of enumeration problems interacts with the human cognitive architecture in the context of an enumeration task. Subitizing‐like behavior was generated in two different models of enumeration, (...) one based on the ACT‐R cognitive architecture and the other based on the principles of parallel distributed processing (PDP). Our results provide good qualitative fits to results obtained in a variety of empirical studies. (shrink)

How do certain social conflicts come to fall within the law? How does the law come to have its space? I argue that law emerged in British Honduras through a structure of racial differentiation. The law arrived as a mode of ordering space, bodies, and justice that realizes an immanent structure of racial difference. Racial difference thus founds the space of law. To advance this argument, I examine the record of the first criminal trial prosecuted in the place now called (...) southern Belize—for the murder of an unnamed Indigenous woman by an enslaved Black man. Through an analysis of the trial record that draws upon Jameson’s reading of Greimas’s semiotic method, I show that the standing of the trial, as well as the evaluation of evidence, hinge upon the delineation and operation of racial categories. While British colonialism has ended, these categories persist. (shrink)

Firms located in communities in which people are, on average, more trusting enjoy some benefits in terms of the power of CEO contracts. We present two pieces of empirical evidence to support this claim: (1) higher average trust in a county is associated with “flatter” executive contracts and (2) when an exogenous shock occurs (such as a scandal involving an important social institution), both trust and contracting move in similar directions. We obtain the first result in a panel specification (...) and the second in a “difference-in-difference” specification that uses the revelation of sex scandals involving the Catholic Church across different U.S. localities. (shrink)

Astral microtubules are rapidly elongated during anaphase and telophase in sea urchin eggs. The number of microtubules extending to the cell surface was calculated with a computer. For the calculations, microtubules were assumed to radiate from the astral center uniformly over angles. Although microtubules from two asters freely overlapped around the equator, the number per the unit area, i.e. the surface density, was larger in the polar region than in the equatorial region. The ratio of the theoretically calculated numbers in (...) the two regions was close to the ratio obtained from the ultrastructural observations by Asnes and Schroeder in 1979. When counted in the longitudinal section including two astral centers, the microtubule number was a little larger in the equatorial region than in the polar region. However, the numbers do not represent the surface density because the two-dimensional section contains only a small portion of all the microtubules spreading in the three-dimensional space. The fluorescence image for tubulin, in most cases, provides the microtubule distribution in the longitudinal section. Therefore, from such an image, we cannot judge whether the surface density of astral microtubules is larger at the pole or at the equator. (shrink)

Three experimental tasks—spontaneous telling of a story, reading, and parsing the story—were used to determine whether empirical data reflect the narrative structure of stories and can be predicted by a plot unit analysis of the stories (Lehnert, 1981). It was found that spontaneous pause durations at sentence breaks were highly correlated with the importance of these breaks as predicted theoretically. Only low correlations were obtained, however, when reading pause durations were correlated with the model. As for parsing values, the (...) value of the correlation coefficients depended on whether stories had sufficient superficial linguistic cues to help the subjects in parsing. It was concluded that spontaneous pausing not only reflects the narrative structure of stories, but can be used as a guide to constructing theories of narrative structure as well as for deciding between competing theories. (shrink)

Pain and reward have crucial roles in determining human behaviors. It is still unclear how pain influences different stages of reward processing. This study aimed to assess the physical pain’s impact on reward processing with event-related potential method. In the present study, a flash sale game was carried out, in which the participants were instructed to press a button as soon as possible to obtain the earphone after experiencing either electric shock or not and finally evaluated the outcome of their (...) response. High-temporal-resolution electroencephalogram data were simultaneously recorded to reveal the neural mechanism underlying the pain effect. The ERP analyses revealed that pain affected the feedback processing reflected by feedback-related negativity and P300. Specifically, participants in the nopain situation exhibited greater FRN discrepancy between success and failure feedbacks relative to that in the pain situation. Moreover, the P300 amplitude was enhanced in the nopain condition compared to the pain condition regardless of the feedback valence. These results demonstrate that the pain reduced the sensitivity to the reward valence at the early stage and weakened the motivational salience at the late stage. Altogether, this study extends the understanding of the effect of pain on reward processing from the temporal perspective under a purchasing situation. (shrink)

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We consider the relationship between neural and behavioural evidence for animal consciousness. We critically examine two recent studies: one neural and one behavioural. The first, on crows, finds different neural activity depending on whether a stimulus is reported as seen or unseen. However, to implicate this neural activity in consciousness, we must assume that a specific conditioned behaviour is a report of conscious experience. The second study, on macaques, records behaviours strikingly similar to patterns of conscious and unconscious perception (...) in humans. However, confounds are only ruled out in human subjects, presupposing substantial neural similarity between humans and macaques. Taken together, the two studies reveal a sense in which neural and behavioural research rely on each other. Looking ahead, these two types of evidence could prove to be either mutually reinforcing or mutually undermining. The science of animal consciousness needs both neural and behavioural evidence, ideally obtained as part of a single coordinated programme. (shrink)

The variety of evidence thesis in confirmation theory states that more varied supporting evidence confirms a hypothesis to a greater degree than less varied evidence. Under a very plausible interpretation of this thesis, positive test results from multiple independent instruments confirm a hypothesis to a greater degree than positive test results from a single instrument. We invoke Bayesian Networks to model confirmation on grounds of evidence that is obtained from less than fully reliable instruments and (...) show that the variety of evidence thesis is not sacrosanct when testing is conducted with less than fully reliable instruments: under certain conditions, a hypothesis receives more confirmation from evidence that is obtained from one rather than from more independent instruments. In the appendix, we prove certain convergence results for large numbers of positive test results from single versus multiple less than fully reliable instruments. (shrink)

ArgumentCollecting data about people with mental disorders living outside of asylums became a heightened concern from the early nineteenth century onwards. In Germany, so-called “insanity counts” targeted the number and sometimes the type the mentally ill who were living unattended and untreated by professional care throughout the country. An eagerly expressed assumption that the “true” extent of the gathered numbers must be much higher than the surveys could reveal came hand in glove with the emerging task of “managing” insanity and (...) its potential dangers in a modern society. The doorstep of the family home became a crucial site in psychiatrists’ and enumerators’ efforts to register the most sensitive of personal data. This article traces the ever more diligent methods that were employed to obtain the desired information, as well as the hidden agenda of the postulate of missing data itself. It also addresses the profound impact that the presumption of having only incomplete data has had on the practice of counting and surveying, as well as on the understanding of the need for professional monitoring of mental illness. (shrink)

The International Agency for Research on Cancer (IARC) is an organization which seeks to identify the causes of human cancer. Per agent, such as betel quid or Human Papillomaviruses, they review the available evidence deriving from epidemiological studies, animal experiments and information about mechanisms (and other data). The evidence of the different groups is combined such that an overall assessment of the carcinogenicity of the agent in question is obtained. In this paper, we critically review the IARC’s (...) carcinogenicity evaluations. First we show that serious objections can be raised against their criteria and procedures – more specifically regarding the role of mechanistic knowledge in establishing causal claims. Our arguments are based on the problem of confounders, of the assessment of the temporal stability of carcinogenic relations, and of the extrapolation from animal experiments. Then we address a very important question, viz. how we should treat the carcinogenicity evaluations that were based on the current procedures. After showing that this question is important, we argue that an overall dismissal of the current evaluations would be too radical. Instead, we argue in favour of a stepwise re-evaluation of the current findings. (shrink)

This paper discusses two conservative ways of treating evidence. (I) Closing inquiry involves discounting evidence bearing on one's belief unless it is particularly strong evidence; (II) biased assimilation involves dedicating more investigative resources to scrutinizing disconfirming evidence (than confirming evidence), thereby increasing the chances of finding reasons to dismiss it. It is natural to worry that these practices lead to irrational biases in favor of one's existing beliefs, and that they make one's epistemic condition significantly (...) path-sensitive by giving a bigger role to batches of evidence obtained earlier in the course of inquiry compared with those subsequently acquired. However, I argue that both practices are demanded by considerations of practical rationality. I also argue that, contrary to initial appearances, there is little reason to worry about the effects of these practices on the dynamics of one's beliefs. (shrink)

Claims about the occurrence of future events play an important role in pragmatic argumentation. Such claims can be supported by inductive arguments employing anecdotal, statistical, or causal evidence. In an experiment, the actual and perceived persuasiveness of these three types of evidence were assessed. A total of 324 participants read a newspaper article in which it was claimed that the building of a cultural centre would be profitable. This claim was supported by either anecdotal, statistical or causal (...) class='Hi'>evidence. The statistical evidence proved to be more convincing than the anecdotal and causal evidence. Although the latter two evidence types were equally unconvincing, the anecdotal evidence was perceived as less persuasive than the causal evidence. Therefore, the actual and perceived persuasiveness of the evidence did not correspond. These results partly replicate the results obtained in previous experiments. They also underscore the need to distinguish between the perceived and the actual persuasiveness of an argument. (shrink)

Proponents of evidence-based policy (EBP) call for public policy to be informed by high-quality evidence from randomized controlled trials. This methodological preference aims to promote several epistemic values, e.g. rigor, unbiasedness, precision, and the ability to obtain causal conclusions. I argue that there is a trade-off between these epistemic values and several non-epistemic, moral and political values. This is because the evidence afforded by preferred EBP methods is differentially useful for pursuing different moral and political values. I (...) expand on how this challenges ideals of value-freedom and -neutrality in EBP, and offer suggestions for how EBP methodology might be revised. (shrink)

Music can reduce stress and anxiety, enhance positive mood, and facilitate social bonding. However, little is known about the role of music and related personal or cultural variables in maintaining wellbeing during times of stress and social isolation as imposed by the COVID-19 crisis. In an online questionnaire, administered in 11 countries, participants rated the relevance of wellbeing goals during the pandemic, and the effectiveness of different activities in obtaining these goals. Music was found to be the most effective activity (...) for three out of five wellbeing goals: enjoyment, venting negative emotions, and self-connection. For diversion, music was equally good as entertainment, while it was second best to create a sense of togetherness, after socialization. This result was evident across different countries and gender, with minor effects of age on specific goals, and a clear effect of the importance of music in people's lives. Cultural effects were generally small and surfaced mainly in the use of music to obtain a sense of togetherness. Interestingly, culture moderated the use of negatively valenced and nostalgic music for those higher in distress. (shrink)