Results for 'evidentiary threshold'

998 found
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  1.  13
    Re-Assessing the Evidentiary Threshold for Zinā’ in Islamic Criminal Law: A De Facto Exemption Proposal.Hassan M. Ahmad - 2021 - Muslim World Journal of Human Rights 18 (1):103-132.
    This article considers the four eyewitness threshold for zinā’ in Islamic criminal law. In some Muslim-majority countries where zinā’ remains an offence, judiciaries have by-passed the threshold by accepting singular confessions from male fornicators or, otherwise, inferring fornication from pregnancy outside of marriage. As a result, a disproportionate number of women have been prosecuted, convicted, and even punished for zinā’. I assert that the four-eyewitness threshold allows for an alternative way to view zinā’ that can result in (...)
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  2.  12
    Evidentiary Graded Punishment: A New Look at Criminal Liability for Failing to Report Criminal Activity.Doron Teichman - forthcoming - Criminal Law and Philosophy:1-20.
    This Article presents a theory whereby criminal punishments are routinely distributed in proportion to the weight of the evidence mounted against the defendant. According to this theory, the law relaxes the stringent decision threshold in criminal trials—beyond a reasonable doubt—by creating easy-to-prove evidentiary offenses. These offenses, in turn, are associated with less severe sanctions, thus creating a de-facto proportional liability regime. Against that backdrop, the Article examines the legal duty to report criminal activity to the authorities. As the (...)
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  3.  80
    Retributivism, Consequentialism, and the Risk of Punishing the Innocent: The Troublesome Case of Proxy Crimes.Piotr Bystranowski - 2017 - Diametros 53:26-49.
    This paper discusses differences between two major schools in philosophy of criminal law, retributivism and consequentialism, with regard to the risk of punishing the innocent. As it is argued, the main point of departure between these two camps in this respect lies in their attitude towards the high evidentiary threshold in a criminal trial: while retributivism seems to strongly support setting this standard high, consequentialists may find it desirable to relax it in some cases. This discussion is set (...)
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  4.  12
    Constructing appropriate bioprinting regulations: the ethical importance of recognising a liminal technology.Megan Frances Moss - forthcoming - Journal of Medical Ethics.
    This article provides an analysis of bioprinting personalised medical device technology and its ethical challenges to regulation and research ethics. I argue the inclusion of bioprinting applications within existing regulatory frameworks does not adequately address the technologies disruption to the traditionally siloed activities of research and treatment. Using the conceptual framework of liminality, I offer a meaningful way to engage with this technology and address some identified concerns with how it will be categorised and the appropriate recognition of its (...) thresholds. I demonstrate these concerns through the exploration of limited conventional research methodologies tasked with the production of generalisable knowledge, specifically population-based evidence that is derived from Randomised Clinical Trials. I use Australian regulatory amendments introduced in 2021 as an example of current regulatory trajectories and highlight why I believe this approach to be insufficient. The significance of this argument will be to demonstrate the disruption of bioprinting applications to current approaches in medical policy, and how various jurisdictions are enacting regulation that is not fit for purpose. (shrink)
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  5. A Bayesian analysis of debunking arguments in ethics.Shang Long Yeo - 2021 - Philosophical Studies 179 (5):1673-1692.
    Debunking arguments in ethics contend that our moral beliefs have dubious evolutionary, cultural, or psychological origins—hence concluding that we should doubt such beliefs. Debates about debunking are often couched in coarse-grained terms—about whether our moral beliefs are justified or not, for instance. In this paper, I propose a more detailed Bayesian analysis of debunking arguments, which proceeds in the fine-grained framework of rational confidence. Such analysis promises several payoffs: it highlights how debunking arguments don’t affect all agents, but rather only (...)
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  6. Autism and the Extreme Male Brain.Ruth Sample - 2013 - In Jami L. Anderson Simon Cushing (ed.), The Philosophy of Autism. Rowman & Littlefield.
    ABSTRACT: Simon Baron-Cohen has argued that autism and related developmental disorders (sometimes called “autism spectrum conditions” or “autism spectrum disorders”) can be usefully thought of as the condition of possessing an “extreme male brain.” The impetus for regarding autism spectrum disorders (ASD) this way has been the accepted science regarding the etiology of autism, as developed over that past several decades. Three important features of this etiology ground the Extreme Male Brain theory. First, ASD is disproportionately male (approximately 10:1 in (...)
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  7.  62
    On the epistemic authority of courts.Alex Stein - 2008 - Episteme 5 (3):pp. 402-410.
    This paper uses Carl Ginet's concept of “disinterested justification” to identify the boundaries of the epistemic authority of courts. It claims that courts exercise this authority only in the “interest-free” zone, in which their determinations of disputed facts’ probabilities can be made and justified on epistemic grounds alone. This is not the case with the “interest-laden” domain, where courts allocate risks of error under conditions of uncertainty. This domain is controlled by the risk-allocating evidentiary rules: burdens of proof, corroboration, (...)
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  8.  34
    Is there any Indication for Ethics Evidence? An Argument for the Admissibility of some Expert Bioethics Testimony.Lawrence J. Nelson - 2005 - Journal of Law, Medicine and Ethics 33 (2):248-263.
    Professor Imwinkelried is surely right: the propriety of bioethicists serving as expert witnesses in litigation is problematic, and, I would add, it should remain problematic. Such testimony most certainly does not belong everywhere it will be offered by lawyers and litigants in an effort to advance their interests. Yet in contrast to some commentators, Imwinkelried and I both see a place for bioethicists serving as expert witnesses, although we differ significantly on how to understand and justify this place. In any (...)
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  9.  18
    Is There Any Indication for Ethics Evidence? An Argument for the Admissibility of Some Expert Bioethics Testimony.Lawrence J. Nelson - 2005 - Journal of Law, Medicine and Ethics 33 (2):248-263.
    Professor Imwinkelried is surely right: the propriety of bioethicists serving as expert witnesses in litigation is problematic, and, I would add, it should remain problematic. Such testimony most certainly does not belong everywhere it will be offered by lawyers and litigants in an effort to advance their interests. Yet in contrast to some commentators, Imwinkelried and I both see a place for bioethicists serving as expert witnesses, although we differ significantly on how to understand and justify this place. In any (...)
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  10.  50
    Kappa calculus and evidential strength: A note on Åqvist's logical theory of legal evidence. [REVIEW]Solomon Eyal Shimony & Ephraim Nissan - 2001 - Artificial Intelligence and Law 9 (2-3):153-163.
    Lennart Åqvist (1992) proposed a logical theory of legal evidence, based on the Bolding-Ekelöf of degrees of evidential strength. This paper reformulates Åqvist's model in terms of the probabilistic version of the kappa calculus. Proving its acceptability in the legal context is beyond the present scope, but the epistemological debate about Bayesian Law isclearly relevant. While the present model is a possible link to that lineof inquiry, we offer some considerations about the broader picture of thepotential of AI & Law (...)
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  11.  23
    Editorial: Context, content and aims. [REVIEW]Ephraim Nissan - 2001 - Artificial Intelligence and Law 9 (2-3):87-93.
    Lennart Åqvist (1992) proposed a logical theory of legal evidence, based on the Bolding-Ekelöf of degrees of evidential strength. This paper reformulates Åqvist's model in terms of the probabilistic version of the kappa calculus. Proving its acceptability in the legal context is beyond the present scope, but the epistemological debate about Bayesian Law isclearly relevant. While the present model is a possible link to that lineof inquiry, we offer some considerations about the broader picture of thepotential of AI & Law (...)
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  12. Thresholds in Distributive Justice.Dick Timmer - 2021 - Utilitas 33 (4):422-441.
    Despite the prominence of thresholds in theories of distributive justice, there is no general account of what sort of role is played by the idea of a threshold within such theories. This has allowed an ongoing lack of clarity and misunderstanding around views that employ thresholds. In this article, I develop an account of the concept of thresholds in distributive justice. I argue that this concept contains three elements, which threshold views deploy when ranking possible distributions. These elements (...)
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  13.  4
    Evidentiary Convincing and Evidentiary Fallacies.Eugen Octav Popa & Alexandru I. Cârlan - forthcoming - Argumentation:1-19.
    A convincing argument can change a discussant’s commitment regarding the acceptability of a claim, but the same effect can be achieved by examining evidence. Observing objects or events that count as evidence for or against the acceptability of a statement can change one’s commitment regarding that statement. If we speak of fallacies in the realm of convincing through argumentation, can we speak of fallacies in the realm of convincing through evidence? In this paper, we defend an affirmative answer. We introduce (...)
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  14. Threshold Phenomena in Epistemic Networks.Patrick Grim - 2006 - In Proceedings, AAAI Fall Symposium on Complex Adaptive Systems and the Threshold Effect. AAAI Press.
    A small consortium of philosophers has begun work on the implications of epistemic networks (Zollman 2008 and forthcoming; Grim 2006, 2007; Weisberg and Muldoon forthcoming), building on theoretical work in economics, computer science, and engineering (Bala and Goyal 1998, Kleinberg 2001; Amaral et. al., 2004) and on some experimental work in social psychology (Mason, Jones, and Goldstone, 2008). This paper outlines core philosophical results and extends those results to the specific question of thresholds. Epistemic maximization of certain types does show (...)
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  15. Thresholds for Ecological Responses to Global Change do not Emerge from Empirical Data.Helmut Hillebrand, Ian Donohue, W. Stanley Harpole, Dorothee Hodapp, Michal Kucera, Aleksandra Lewandowska, Merder M., Montoya Julian, M. Jose, Jan Freund & A. - forthcoming - Nature Ecology and Evolution:1--8.
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  16.  43
    Evidentiary standards and animal data.Kristin Shrader-Frechette - unknown
    Those who wish to deny some instance of environmental injustice often attempt to place inappropriate evidentiary burdens on scientists who show disproportionate pollution effects on vulnerable populations. One such evidentiary standard is the epidemiological-evidence rule (EER). According to EER, legitimate causal inferences about pollution-related harm (and actions to reduce probable environmental injustice) require human-epidemiological data, not merely good animal or laboratory data. This article summarizes the grounds for supporting EER, evaluates central scientific problems with EER, assesses key ethical (...)
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  17.  10
    Thresholds, critical levels, and generalized sufficientarian principles.Walter Bossert, Susumu Cato & Kohei Kamaga - 2023 - Economic Theory 75 (4):1099–1139.
    This paper provides an axiomatic analysis of sufficientarian social evaluation. Sufficientarianism has emerged as an increasingly important notion of distributive justice. We propose a class of principles that we label generalized critical-level sufficientarian orderings. The distinguishing feature of our new class is that its members exhibit constant critical levels of well-being that are allowed to differ from the threshold of sufficiency. Our basic axiom assigns priority to those below the threshold, a property that is shared by numerous other (...)
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  18. The threshold of the visible world.Kaja Silverman - 1996 - New York: Routledge.
    The Threshold of the Visible World advances a revolutionary new political aesthetic--Kaja Silverman explores the possibilities for looking beyond the restrictive mandates of the self, and the normative aspects of the cultural image-repertoire. She provides a detailed account of the social and psychic forces which constrain us to look and identify in normative ways, and the violence which that normativity implies. Accounting for these phenomena on both a conscious and an unconcious level, Silverman analyzes the psychic and textual conditions (...)
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  19.  44
    Transcending the evidentiary boundary: Prediction error minimization, embodied interaction, and explanatory pluralism.Regina E. Fabry - 2017 - Philosophical Psychology 30 (4):395-414.
    In a recent paper, Jakob Hohwy argues that the emerging predictive processing perspective on cognition requires us to explain cognitive functioning in purely internalistic and neurocentric terms. The purpose of the present paper is to challenge the view that PP entails a wholesale rejection of positions that are interested in the embodied, embedded, extended, or enactive dimensions of cognitive processes. I will argue that Hohwy’s argument from analogy, which forces an evidentiary boundary into the picture, lacks the argumentative resources (...)
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  20.  81
    Evidentiary inference in evolutionary biology: Review of Elliott Sober’s Evidence and evolution: the logic behind the science. Cambridge University Press, New York.James Justus - 2011 - Biology and Philosophy 26 (3):419-437.
  21.  53
    Evidentiary challenges to evidence‐based medicine.Benjamin Djulbegovic, Lou Morris & Gary H. Lyman - 2000 - Journal of Evaluation in Clinical Practice 6 (2):99-109.
  22.  90
    Threshold considerations in fair allocation of health resources: Justice beyond scarcity.Allen Andrew A. Alvarez - 2007 - Bioethics 21 (8):426–438.
    Application of egalitarian and prioritarian accounts of health resource allocation in low‐income countries have both been criticized for implying distribution outcomes that allow decreasing/undermining health gains and for tolerating unacceptable standards of health care and health status that result from such allocation schemes. Insufficient health care and severe deprivation of health resources are difficult to accept even when justified by aggregative efficiency or legitimized by fair deliberative process in pursuing equality and priority oriented outcomes. I affirm the sufficientarian argument that, (...)
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  23.  9
    Argumentation – Evidentiary Procedure in Criminal Proceedings.Valon Mehmeti - 2018 - Seeu Review 13 (1):43-52.
    The continuous increase in criminal activities in all countries, namely the offences which undermine the interests of contemporary societies, call for the need to fight them in a more successful manner. In this way, the country through its mechanisms detects the criminal offences, the criminal liability and imposes the meritorious sanction to the perpetrators of such criminal offences, in full compliance with the danger caused by them. However, the court and other parties in the proceedings in any case before the (...)
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  24.  50
    Lack of evidentiary criteria for exaptations?James L. Dannemiller - 2002 - Behavioral and Brain Sciences 25 (4):512-513.
    Andrews et al. criticize Gould and colleagues for (1) failing to provide evidentiary criteria for accepting exaptationist alternatives to adaptationist explanations, and (2) seeing exaptations and spandrels as being far more frequent than adaptations in the evolutionary history of modern humans. I argue that the first of these criticisms is wrong, and the second reflects a bias for the classical version of Darwinian evolutionary theory, which Gould was trying to expand by proposing concepts like exaptation and spandrels.
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  25. The Threshold Problem, the Cluster Account, and the Significance of Knowledge.Daniel Immerman - forthcoming - Episteme.
    The threshold problem is the task of adequately answering the question: “Where does the threshold lie between knowledge and lack thereof?” I start this paper by articulating two conditions for solving it. The first is that the threshold be neither too high nor too low; the second is that the threshold accommodate the significance of knowledge. In addition to explaining these conditions, I also argue that it is plausible that they can be met. Next, I argue (...)
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  26. An evidentiary theory of promises.J. P. W. Cartwright - 1984 - Mind 93 (370):230-248.
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  27.  68
    Thresholds and Limits in Theories of Distributive Justice.Dick Timmer - 2021 - Dissertation, Utrecht University
    Despite the prominence of thresholds and limits in theories of distributive justice, there is no general account of their role within such theories. This has allowed an ongoing lack of clarity and misunderstanding around threshold views in distributive justice. In this thesis, I develop an account of the conceptual structure of such views. Such an account helps understand and characterize threshold views, can subsume what may seem to be different debates about such views under one conceptual header, and (...)
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  28.  31
    Evidentiary Fallacies and Empirical Data.Michael Byron - 2012 - American Philosophical Quarterly 49 (2):175.
    The Prosecutor's Fallacy is a well-known hazard in the assessment of probabilistic evidence that can lead to faulty inferences. It is perhaps best known via its role in the assessment of DNA match evidence in courts of law. A prosecutor, call him Burger, presents DNA evidence in court that links a defendant, Crumb, to a crime. The conditional probability of a DNA match given that Crumb is not guilty, or p(M | ~G), is very low: according to Burger, one chance (...)
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  29.  31
    The evidentiary standard of special design is a little bit like heaven.Mark Schaller - 2002 - Behavioral and Brain Sciences 25 (4):526-527.
    Adaptationist explanations for well-known phenomena are of limited value to psychological science. To be truly useful, evolutionary psychological research programs must produce novel discoveries about contemporary cognitive and behavioral processes. The concept of special design is especially useful. Even if special design cannot be convincingly demonstrated, rigorous attempts to meet this evidentiary standard can produce novel scientific contributions.
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  30.  18
    The Evidentiary Value Model.Nils-Eric Sahlin & Wlodek Rabinowicz - unknown
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  31.  2
    Threshold Concepts on the Edge.Julie A. Timmermans & Ray Land (eds.) - 2019 - Brill | Sense.
    _Threshold Concepts on the Edge_ explores new directions in threshold concept research and practice and is of relevance to teachers, learners, educational researchers and academic developers.
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  32.  18
    Against Evidentiary Pluralism in Pharmaceutical Regulation.Richard Sung & Bennett Holman - unknown
    We examine arguments for and against the use of mechanistic evidence in assessing treatment efficacy and find that advocates of EBM+ and their critics have largely been talking past each other due to difference in focus. We explore aducanumab for the treatment of Alzheimer’s disease as a case which may speak to the role of EBM+ in pharmaceutical regulation. The case suggests the debate may be more fruitful if philosophers confine debates to particular domains of medical science and weigh in (...)
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  33.  88
    Mental-Threshold Egalitarianism: How Not to Ground Full Moral Status.Rainer Ebert - 2018 - Social Theory and Practice 44 (1):75-93.
    Mental-threshold egalitarianism, well-known examples of which include Jeff McMahan’s two-tiered account of the wrongness of killing and Tom Regan’s theory of animal rights, divides morally considerable beings into equals and unequals on the basis of their individual mental capacities. In this paper, I argue that the line that separates equals from unequals is unavoidably arbitrary and implausibly associates an insignificant difference in empirical reality with a momentous difference in moral status. In response to these objections, McMahan has proposed the (...)
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  34.  17
    Evidentiary value: philosophical, judicial, and psychological aspects of a theory: essays dedicated to Sören Halldén on his sixtieth birthday.Peter Gärdenförs, Bengt Hansson, Nils-Eric Sahlin & Sören Halldén (eds.) - 1983 - Lund: C.W.K. Gleerups.
  35.  18
    Perceptual thresholds of curvilinearity and angularity as functions of line length.Louis Della Valle, T. G. Andrews & Sherman Ross - 1956 - Journal of Experimental Psychology 51 (5):343.
  36. Thresholds for Rights.Samantha Brennan - 1995 - Southern Journal of Philosophy 33 (2):143-168.
    If you believe that there are restrictions on what we as moral agents can do to others, but that these restrictions can give way in the face of competing considerations, then you believe in thresholds for rights. In this dissertation I develop an account of thresholds for rights, in defence of a position which is often stated but rarely explained or defended. I begin with the obvious question: How much needs to be at stake before a right's claim is overridden? (...)
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  37.  22
    Evidentiary mechanisms and routine expansion.Isaac Levi - 1993 - Theoria 59 (1-3):166-177.
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  38.  17
    Taste thresholds, detection models, and disparate results.Eugene Linker, Mary E. Moore & Eugene Galanter - 1964 - Journal of Experimental Psychology 67 (1):59.
  39. Evidentiary practices and risks of wrongful conviction : an empirical perspective.J. Mauricio Duce - 2020 - In Jordi Ferrer Beltrán & Carmen Vázquez (eds.), Evidential Legal Reasoning: Crossing Civil Law and Common Law Traditions. Cambridge University Press.
     
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  40. Evidentiary practices and risks of wrongful conviction : an empirical perspective.J. Mauricio Duce - 2020 - In Jordi Ferrer Beltrán & Carmen Vázquez Rojas (eds.), Evidential legal reasoning: crossing civil law and common law traditions. New York, NY: Cambridge University Press.
     
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  41.  86
    Threshold (pro-)positions: Touch, Techné, Technics.Stephen Barker - 2009 - Derrida Today 2 (1):44-65.
    Touching on Nancy and Derrida offers a glimpse not only into the thesis both of Jean-Luc Nancy's critique of touch and of Derrida's Le Toucher, but also into the threshold of a technology of (the) sense to come. This glimpse is an interrogation, and one that is both historic and historical, in the sense that Derrida, in addressing Jean-Luc Nancy's work, has presented us with an encyclopedic history of touch in the philosophic tradition from Aristotle to Nancy, one in (...)
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  42.  13
    Simple Threshold Rules Solve Explore/Exploit Trade‐offs in a Resource Accumulation Search Task.Ke Sang, Peter M. Todd, Robert L. Goldstone & Thomas T. Hills - 2020 - Cognitive Science 44 (2):e12817.
    How, and how well, do people switch between exploration and exploitation to search for and accumulate resources? We study the decision processes underlying such exploration/exploitation trade‐offs using a novel card selection task that captures the common situation of searching among multiple resources (e.g., jobs) that can be exploited without depleting. With experience, participants learn to switch appropriately between exploration and exploitation and approach optimal performance. We model participants' behavior on this task with random, threshold, and sampling strategies, and find (...)
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  43.  17
    A threshold of significant harm (f)or a viable alternative therapeutic option?Jo Bridgeman - 2018 - Journal of Medical Ethics 44 (7):466-470.
    This article critically examines the legal arguments presented on behalf of Charlie Gard’s parents, Connie Yates and Chris Gard, based on a threshold test of significant harm for intervention into the decisions made jointly by holders of parental responsibility. It argues that the legal basis of the argument, from the case of Ashya King, was tenuous. It sought to introduce different categories of cases concerning children’s medical treatment when, despite the inevitable factual distinctions between individual cases, the duty of (...)
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  44.  41
    Thresholds for color discrimination in English and Korean speakers.Debi Roberson, J. Richard Hanley & Hyensou Pak - 2009 - Cognition 112 (3):482-487.
    Categorical perception (CP) is said to occur when a continuum of equally spaced physical changes is perceived as unequally spaced as a function of category membership (Harnad, S. (Ed.) (1987). Psychophysical and cognitive aspects of categorical perception: A critical overview. Cambridge: Cambridge University Press). A common suggestion is that CP for color arises because perception is qualitatively distorted when we learn to categorize a dimension. Contrary to this view, we here report that English speakers show no evidence of lowered discrimination (...)
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  45.  23
    On the evidentiary standards for nutrition advice.Saana Jukola - 2019 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 73:1-9.
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  46. Crossing the Threshold: An Epigenetic Alternative to Dimensional Accounts of Mental Disorders.Davide Serpico & Valentina Petrolini - forthcoming - British Journal for the Philosophy of Science.
    Recent trends in psychiatry involve a transition from categorical to dimensional frameworks, in which the boundary between health and pathology is understood as a difference in degree rather than as a difference in kind. A major tenet of dimensional approaches is that no qualitative distinction can be made between health and pathology. As a consequence, these approaches tend to characterize such a threshold as pragmatic or conventional in nature. However, dimensional approaches to psychopathology raise several epistemological and ontological issues. (...)
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  47.  16
    Threshold-Based Belief Change.Eric Raidl & Hans Rott - 2023 - Australasian Journal of Logic 20 (3):429-477.
    In this paper we study changes of beliefs in a ranking-theoretic setting using non-extremal implausibility thresholds for belief. We represent implausibilities as ranks and introduce natural rank changes subject to a minimal change criterion. We show that many of the traditional AGM postulates for revision and contraction are preserved, except for the postulate of Preservation which is invalid. The diagnosis for belief contraction is similar, but not exactly the same. We demonstrate that the one-shot versions of both revision and contraction (...)
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  48.  3
    Aggregating Credences into Beliefs: Threshold-Based Approaches.Minkyung Wang - 2023 - In Natasha Alechina, Andreas Herzig & Fei Liang (eds.), Logic, Rationality, and Interaction: 9th International Workshop, LORI 2023, Jinan, China, October 26–29, 2023, Proceedings. Springer Nature Switzerland. pp. 269-283.
    Binarizing belief aggregation tackles the problem of aggregating individuals’ probabilistic beliefs on logically connected propositions into the group’s binary beliefs. One common approach to associating probabilistic beliefs with binary beliefs would be applying thresholds to probabilities. This paper aims to introduce and classify a range of threshold-based binarizing belief aggregation rules while characterizing them based on different forms of monotonicity and other properties.
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  49.  89
    The threshold model of scientific change and the continuity of scientific knowledge.Martti Kuokkanen & Timo Tuomivaara - 1994 - Journal for General Philosophy of Science / Zeitschrift für Allgemeine Wissenschaftstheorie 25 (2):327 - 335.
    The continuity thesis of the Poznań school threshold model of the growth of scientific knowledge is considered in the light of the example of Van der Waals' and Boyle-Mariotte's laws. It is argued - using both traditional logical means and the structuralist reconstruction of the example - that the continuity thesis does not hold. A distinction between 'a historical and a systematic point of view' is introduced and it is argued that the continuity thesis of the threshold model (...)
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  50.  16
    A Threshold Theory for Simple Detection Experiments.R. Duncan Luce - 1963 - Psychological Review 70 (1):61-79.
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