In this empirical paper, Jay, Stone, Meksin, Merck, Gordon and Hirst examine whether jury deliberations, in which individuals collaboratively recall and discuss evidence of a trial, shape the jurors’ memories. In doing so, Jay and colleagues provide a highly ecologically valid baseline for future investigation into why, how and when selective recall either facilitates remembering or leads to forgetting during jury deliberations. In particular, Jay et al. explore the specific social and cognitive mechanisms that might lead to either memory facilitation (...) (RIFA – Retrieval Induced Facilitation) and forgetting (RIF ‐ Retrieval Induced Forgetting) during jury deliberation. (shrink)

Through a selection of principal judicial decisions and significant fact situations from pre- and post-independent India, Pakistan, and Bangladesh, this volume provides an easy access to the basic principles and rules of Muslim law, and shows how case law acts as a social barometer and an instrument of change.

This article offers reflections on the practice of governement admission exams for foreign language teachers in Brazil basic education. To this end, we part from the theoretical contribution of an enunciative perspective (Maingueneau, 1984, 1987, 2000) and ergological concepts (Schwartz, 1988, 200) that takes into account a broaden conception of the work situation (Rocha, Daher & Ant’Anna, 2002). The reflections are also based on our work as a juror examiner to contribute to professional discussions of the work of linguists, (...) its possibilities of intervention on social issues, particularly those regarding impasses and renormalizations linked to the performance of such work. At the end, a post-scriptum is presented. (shrink)

Trial Courts all over the world have a common problem concerning how to regulate the number of jurors to summon so that there is a sufficient but not excess supply available for scheduled trials. Many trials end abruptly just before jurors are selected for voir dire. The reasons for this are diverse, including last minute settlements, guilty pleas, continuances, unavailability of witnesses, etc. This typically results in one-third to one-half of all summoned jurors never experiencing any activity at all — (...) they might as well have stayed at work or home.It is in the best interest of the Court, business community, taxpayers and citizenry to use the minimum number of jurors necessary to conduct trials on a timely basis. It was the goal of the Intelligent Summoner to meet this challenge, and it has succeeded beyond expectations. (shrink)

In Emotions, Values & Agency, Christine Tappolet develops a sophisticated, perceptual theory of emotions and their role in wide range of issues in value theory and epistemology. In this paper, we raise three worries about Tappolet's proposal.

The totality of evidence heard in a trial is usually collectively inconsistent, indeed often jointly incoherent. In those cases in which each party offers its own theory of the evidence, an abduction is forwarded which best explains a coherent subset of the evidence. Since these are themselves often jointly incoherent subsets S and S*, we have the following difficulty. Opposing theories are those which purport best to explain different sets of the evidence. In that sense, they aren’t rival theories. How (...) could they be, since “E best explains S” and “~E best explains S*” could both be true? How can the defence’s theory of the case answer the prosecution’s if it does not in some sense contradict it? Examination of the empirical record suggests that when faced with this kind of incommensurability, jurors form their own evidential subsets, for which they themselves try to furnish seek for the best explanation. This at once raises a difficult question. On what basis does a juror select the evidence which his eventual abduction will best explain? It is well-understood that opposing counsel select their respective evidence-sets tendentiously, with a view to facilitation of the desired abduction. But jurors are sworn to objectivity and impartiality. How, or whether, jurors manage to fulfill this obligation is the subject of this paper. A solution will be proposed that draws on Simulation Theory, which arises from recent psychological research. (shrink)

This book introduces a new form of argumentative analysis: rhetorical heuremes. The method applies the concepts of heuristic thinking, probability, and contingency in order to develop a better understanding of complex arguments in classical oratory. A new theory is required because Greek and Roman rhetoric cannot provide detailed answers to problems of strategic argumentation in the analysis of speeches. Building on scholarship in Ciceronian oratory, this book moves beyond the extant terminology and employs a concept of heuristic reasoning derived from (...) the psychology of decision making and mathematical problem solving. The author analyses selected passages from Cicero's forensic speeches where arguments of probability are deployed, and shows that the Sophistic concept of probability can link ancient rhetoric and modern theories of argumentation. Six groups of heuremes are identified, each of which represents a form of probabilistic reasoning by which the orator plays upon the perception of the jurors. (shrink)

The empirical turn in bioethics and the deliberative turn in democracy theory occurred at around the same time, one at the intersection of bioethics and social science,1 2 the other at the intersection of political philosophy and political science.3–5 Empirical bioethics and deliberative democratic approaches both engage with immediate problems in policy and practice with normative intent, so it was perhaps inevitable that they would eventually find one another,6–8 and that deliberative research would become more common in bioethics.9 This commentary (...) responds to a paper by Ford et al, who ran a single jury of 18 people in Brighton in the UK in June 2018.10 The jury were asked to consider whether secondary research use of non-structured, free-text data from medical records should be permitted. I will consider three issues: the effort required in deliberative work, the challenge of sampling and selection of jurors and the basis for drawing normative conclusions from deliberative research. First: this report makes clear the effort involved in running a jury. These researchers contracted an external agency experienced in the method, established an oversight committee of policy-makers with power to act, developed expert witness briefs, selected witnesses and coordinated their testimony, and created a questionnaire to measure participants’ views, activities to support their understanding, and a scenario for consideration. …. (shrink)

A donation paradox occurs when a player gives an apparently valuable prerogative to another player, but ‘does better’, according to some criterion. Peremptory challenges, used in choosing a American jury, permit each side to veto a certain number of potential jurors. With even a very simple model of jury selection, it is shown that for one side to give a peremptory challenge to the other side may lead to a more favorable jury, an instance of the donation paradox. Both (...) a theorem and examples are given concerning the existence of the donation paradox in the optimal use of peremptory challenges. (shrink)

We note a range of interesting and challenging points which take forward the discourse around the ethics of sharing patient data. Of most note are criticisms of our jury recruitment and methods; questioning how we can engender trust and support from the wider, uninformed public when we only have the view of a small informed public; asking what work needs to be done to ethically transfer data from a clinical care setting to that of research; suggesting that dynamic consent with (...) opt-outs could be an avenue for allowing patients more control over the use of their medical data for research; and asking how we bridge from ‘is’ to ‘ought’. The first criticisms to be addressed focus on the recruitment and methods of our jury, raised by Carter.1 She suggests that the selection of participants, using a population distribution of responses to a data-sharing question, resulted in a jury too positively oriented to data sharing at the outset. Further, she suggests that we counted individual votes rather than allowing the jury to come to a collective position, that jurors were not asked to prioritise the common good, that we present a lack of data from the jury’s deliberations, and as a result, there is a difficulty with evaluating the reasoning and authenticity of deliberation. Regarding recruitment of our jury, our stated aim, which we acknowledge is not shared by all juries, was to achieve a sample which broadly matched what we would expect if …. (shrink)

Tampering with the judicial system has long been regarded as an unethical and illegal standard of corporate behavior. Advances in behavioral research have recently, however, skirted the letter of the law by applying consumer research techniques to the sampling universe from which prospective jurors are selected. This practice has resulted in an unfair and measurable advantage which offsets any balance of ethics and justice.This article adopts a protagonistic perspective to demonstrate research illustrating jury evaluation techniques. Because the legal system, which (...) is based on jurisprudence, does not have the ability or resources to monitor or regulate these practices, the question must be addressed within the domain of business ethics. ... Where does the balance of ethical justice lie? Is the sole objective to win and protect the bottom line of the corporate income statement, or does a code of business ethics apply? (shrink)

This paper discusses the possible use of functional magnetic-resonance imaging as potentially useful in jury selection. The author suggests that neuro-voir could provide greater impartiality of trials than the standard voir, while also preserving existing privacy protections for jurors. He predicts that ability to image and understand a wide range of brain activities, most notably bias-apprehension and lie detection, will render neuro-voir dire invaluable. However currently, such neuro-solutions remain preliminary.

Jurors’ emotions, both integral and incidental, can affect their attributions of legal responsibility and blame in several, sometimes complexly interrelated ways. The article reviews the experimental research, outlining the multiple paths of emotional influence, and explains why identifying them is worthwhile. It then discusses why the modest to moderate effect sizes found in the research may understate emotions’ actual influence in some cases yet overstate it in others, and discounts moral intuitionism as a reason for believing that emotional influences in (...) real cases are stronger than the experimental data indicates. The article concludes with recommendations for further research. (shrink)

This article presents a generalization of the Condorcet Jury Theorem. All results to date assume a fixed value for the competence of jurors, or alternatively, a fixed probability distribution over the possible competences of jurors. In this article, we develop the idea that we can learn the competence of the jurors by the jury vote. We assume a uniform prior probability assignment over the competence parameter, and we adapt this assignment in the light of the jury vote. We then compute (...) the posterior probability, conditional on the jury vote, of the hypothesis voted over. We thereby retain the central results of Condorcet, but we also show that the posterior probability depends on the size of the jury as well as on the absolute margin of the majority. (shrink)

In criminal trials, evidence often involves a degree of uncertainty and decision-making includes moving from the initial presumption of innocence to inference about guilt based on that evidence. The jurors’ ability to combine evidence and make accurate intuitive probabilistic judgments underpins this process. Previous research has shown that errors in probabilistic reasoning can be explained by a misalignment of the evidence presented with the intuitive causal models that people construct. This has been explored in abstract and context-free situations. However, less (...) is known about how people interpret evidence in context-rich situations such as legal cases. The present study examined participants’ intuitive probabilistic reasoning in legal contexts and assessed how people’s causal models underlie the process of belief updating in the light of new evidence. The study assessed whether participants update beliefs in line with Bayesian norms and if errors in belief updating can be explained by the causal structures underpinning the evidence integration process. The study was based on a recent case in England where a couple was accused of intentionally harming their baby but was eventually exonerated because the child’s symptoms were found to be caused by a rare blood disorder. Participants were presented with a range of evidence, one piece at a time, including physical evidence and reports from experts. Participants made probability judgments about the abuse and disorder as causes of the child’s symptoms. Subjective probability judgments were compared against Bayesian norms. The causal models constructed by participants were also elicited. Results showed that overall participants revised their beliefs appropriately in the right direction based on evidence. However, this revision was done without exact Bayesian computation and errors were observed in estimating the weight of evidence. Errors in probabilistic judgments were partly accounted for, by differences in the causal models representing the evidence. Our findings suggest that understanding causal models that guide people’s judgments may help shed light on errors made in evidence integration and potentially identify ways to address accuracy in judgment. (shrink)

I distinguish between two kinds of selection effects on experience: selection of objects or features for experience, and anti-selection of experiences for cognitive uptake. I discuss the idea that both kinds of selection effects can lead to a form of confirmation bias at the level of perception, and argue that when this happens, selection effects can influence the rational role of experience.

Natural selection is a general process that operates in different populations. To characterise natural selection as a mechanism within the framework of the new mechanistic philosophy, it is required to identify a pertinent phenomenon for which natural selection is responsible. Firstly, every case identified by evolutionary biologists as instances of natural selection must align with this mechanistic characterisation. Secondly, natural selection should genuinely be responsible for the attributed phenomenon. While philosophers often posit producing adaptation as (...) the quintessential phenomenon, Pérez-González and Luque challenge this perspective, contending that not all instances of natural selection are cases where natural selection produces adaptation. This paper further supports Pérez-González and Luque’s objection and demonstrates that natural selection is also not responsible for the increased frequency of traits with a greater expected number of offspring. Furthermore, the paper argues that even if there is a phenomenon that allows for the mechanistic characterisation of natural selection to encompass all instances, it is improbable that natural selection assumes responsibility for it. Consequently, characterising natural selection as a mechanism emerges as an implausible stance. (shrink)

We conducted focus groups with 47 potential jurors who were presented with diferent scenarios in a hypothetical malpractice case involving failure to order a PSA test. Better documentation that a patient made an informed decision to decline a PSA test appeared to provide more medical-legal protection for physicians, especially with the use of a decision aid.

Under the independence and competence assumptions of Condorcet’s classical jury model, the probability of a correct majority decision converges to certainty as the jury size increases, a seemingly unrealistic result. Using Bayesian networks, we argue that the model’s independence assumption requires that the state of the world (guilty or not guilty) is the latest common cause of all jurors’ votes. But often – arguably in all courtroom cases and in many expert panels – the latest such common cause is a (...) shared ‘body of evidence’ observed by the jurors. In the corresponding Bayesian network, the votes are direct descendants not of the state of the world, but of the body of evidence, which in turn is a direct descendant of the state of the world. We develop a model of jury decisions based on this Bayesian network. Our model permits the possibility of misleading evidence, even for a maximally competent observer, which cannot easily be accommodated in the classical model. We prove that (i) the probability of a correct majority verdict converges to the probability that the body of evidence is not misleading, a value typically below 1; (ii) depending on the required threshold of ‘no reasonable doubt’, it may be impossible, even in an arbitrarily large jury, to establish guilt of a defendant ‘beyond any reasonable doubt’. (shrink)

Phenomenological inquiry offers a vehicle for transcending conventional disciplinary boundaries and investigative settings. Van Manen's protocol writing offers a hermeneutic tool for human scientific phenomenological research that is ideal for the empirical realm of everyday lived experience. Underlying this approach is the tenet that interpretative phenomenological research and theorizing cannot be separated from the textual practice of writing. The entirety of this paper is a protocol, in the form of a phenomenological self-study. It describes one experience in an unfamiliar environment (...) as a criminal trial juror. It represents data capture that can stand alone for purposes of independent interpretation. Since qualitative research in the venue described is limited by protective judicial restrictions, this phenomenological protocol captures unique data in an otherwise inaccessible setting. It suggests that protocol writing offers potential as a research tool in a myriad situations where conventional data collection techniques are impractical or unavailable. (shrink)

This chapter contains sections titled: Introduction Natural Selection Operates within Genomes without Regard for Phenotypic Effect Selective Forces, Heritable Variation, and the Definition of Function Natural Selection Can, and Does, Act on the Products of Individual Genes Natural Selection Can Act Directly on Genes Themselves What Are the Limitations on the Unit of Selection Being “the Gene”? The “Complexity” Argument: Do Complex Phenotypes Require Complex Explanations? Do “Epigenes/Epialleles” Provide a “Non‐genetic” Source of Heritable Variation Upon Which (...) Natural Selection May Act? Summary Points: The Usual Unit of Selection Is the Gene Postscript: Counterpoint Note References. (shrink)

Selections seeks to provide an accurate and readable translation that will allow the reader to follow Aristotle's use of crucial technical terms and to grasp the details of his argument. Unlike anthologies that combine translations by many hands, this volume includes a fully integrated set of translations by a two-person team. The glossary--the most detailed in any edition--explains Aristotle's vocabulary and indicates the correspondences between Greek and English words. Brief notes supply alternative translations and elucidate difficult passages.

In this essay, I suggest that the criminal trial is not only about the guilt or innocence of the defendant, but also about the character and growth of the jurors and the communities they represent. In earlier work, I have considered the potential impact of law and politics on the character of citizens, and thus on the capacity of citizens to thrive—to live full and rich human lives. Regarding the jury, I have argued that aspects of criminal trial procedure work (...) to fix in jurors a sense of agency in and responsibility for verdicts of conviction. Here, I draw on those ideas with respect to the presumption of innocence. I suggest that the presumption of innocence works not primarily as legal rule, but rather as a moral framing device—a sort of moral discomfort device—encouraging jurors to feel and bear the weight of what they do. I offer an account of character development in which virtues are conceived of not merely as modes of conduct developed through habituation and practice, but also as capacities and ways of being developed in part through understanding and experience. The criminal trial, framed by the presumption of innocence, can be an experience through which jurors and their communities, by learning what it means and feels like to carry a certain sort of moral weight, may engender a certain set of moral strengths—strengths valuable to them not just as jurors, but also as citizens, and as human beings. (shrink)

Galen dominated medicaltheory and practice until the scientific revolution and beyond, through the medieval Schools, and through his influence on Muslim medicine.This is the first major selection of Galen's work in English.

The theory of important criteria -- Value judgments and the theory of important criteria -- The rationality of aesthetic value judgments -- Inapplicable concepts -- Morality and ignorance -- Time in counterfactuals -- Assertion and belief -- Understanding free will -- Selective necessity and the free-will problem -- Is virtue possible? -- Morality not a system of imperatives -- Review of Alvin Plantinga's God and other minds -- Utilitarianism, moral dilemmas, and moral cost -- Object utilitarianism -- Utilitarian virtue -- (...) Moderation, rationality, and virtue -- Rational dilemmas and rational supererogation -- Ethics naturalized -- Nietzsche and virtue ethics -- Caring versus the philosophers -- Global caring, global justice -- Empathy and objectivity -- In place of moral reasoning -- Some thoughts for the future. (shrink)

[232 pages] This first book in the series 霍耐特选集 [Selected Works of Axel Honneth] is a Chinese translation of Axel Honneth’s Pathologien der Vernunft: Geschichte und Gegenwart der Kritischen Theorie directly from the German.

Screening for prostate cancer with the prostate-specific antigen blood test is controversial, as evidence to date has not demonstrated such screening does more good than harm. While the potential benefit of PSA screening on reducing prostate cancer mortality has not been documented in randomized trials, many risks of PSA screening have been well documented. These risks include a substantially higher risk of a prostate cancer diagnosis over a screenee’s lifetime, false-positive and false-negative test results, possible complications from biopsies done in (...) response to suspicious test results, and substantial risks of side effects from subsequent prostate cancer treatments. Nevertheless, PSA screening is widespread in the United States, and many physicians in a national survey reported supporting routine PSA screening as well as getting PSA tests themselves, despite the lack of evidence. (shrink)

.... The strategy I have defended involves drawing a distinction between those who can and cannot legitimately hold an agent responsible in circumstances when the agent is being covertly controlled (e.g. through implantation processes). What is intuitively unacceptable, I maintain, is that an agent should be held responsible or subject to reactive attitudes that come from another agent who is covertly controlling or manipulating him. This places some limits on who is entitled to take up the participant stance in relation (...) to agents who are rational self-controllers but nevertheless subject to covert control.26 In this way, what is compromised by conditions of covert control is not the responsibility of the agent as such. It is, rather, the participant stance of those other agents who covertly control him. Clearly it is possible to establish these specific limits on who can hold these agents responsible without denying that the agents themselves remain free and responsible. When we take this approach we will find that we are no longer faced with an unattractive choice between simply “biting the bullet” or having to “spit it out”. All we need to do is chew carefully, until there is nothing left that we find too hard to swallow. (shrink)

In The Biopsychosocial Model of Health and Disease, Derek Bolton and Grant Gillett argue that a defensible updated version of the biopsychosocial model requires a metaphysically adequate account of disease causation that can accommodate biological, psychological, and social factors. This present paper offers a philosophical critique of their account of biopsychosocial causation. I argue that their account relies on claims about the normativity and the semantic content of biological information that are metaphysically contentious. Moreover, I suggest that these claims are (...) unnecessary for a defence of biopsychosocial causation, as the roles of multiple and diverse factors in disease causation can be readily accommodated by a more widely accepted and less metaphysically contentious account of causation. I then raise the more general concern that they are misdiagnosing the problem with the traditional version of the biopsychosocial model. The challenge when developing an explanatorily valuable version of the biopsychosocial model, I argue, is not so much providing an adequate account of biopsychosocial causation, but providing an adequate account of causal selection. Finally, I consider how this problem may be solved to arrive at a more explanatorily valuable and clinically useful version of the biopsychosocial model. (shrink)

Natural selection is an important force that shapes the evolution of all living things by determining which individuals contribute the most descendents to future generations. The biological unit upon which selection acts has been the subject of serious debate, with reasonable arguments made on behalf of populations, individuals, individual phenotypic characters and, finally, individual genes themselves. In this essay, I argue that the usual unit of selection is the gene. There are powerful logical arguments in favor of (...) this conclusion, as well as many real-world examples. I also explore the possibility that epigenetic differences between individuals may be heritable between generations. Although few such examples exist, epigenetic differences provide an exciting source of potentially heritable variation that may allow rapid evolutionary change to occur, perhaps in response to environmental influences. (shrink)

Mainstream teleosemantics is the view that mental representation should be understood in terms of biological functions, which, in turn, should be understood in terms of selection processes. One of the traditional criticisms of teleosemantics is the problem of novel contents: how can teleosemantics explain our ability to represent properties that are evolutionarily novel? In response, some have argued that by generalizing the notion of a selection process to include phenomena such as operant conditioning, and the neural selection (...) that underlies it, we can resolve this problem. Here, we do four things: we develop this suggestion in a rigorous way through a simple example, we draw on recent neurobiological research to support its empirical plausibility, we defend the move from a host of objections in the literature, and we sketch how the picture can be extended to help us think about more complex “conceptual” representations and not just perceptual ones. (shrink)

This paper argues that, if we are committed to a Pro-choice stance with regard to selective abortion for disability, we will be unable to justify the prohibition of sex-selective abortion (SSA), for two reasons. First, familiar Pro-choice arguments in favour of a woman’s right to select against fetal impairment also support, by parity of reasoning, a right to choose SSA. Second, rejection of the criticisms of selective abortion for disability levelled by disability theorists also disposes, by implication, of the key (...) objections to SSA, as developed, most notably, by feminists. The paper, then, consists of a conditional defence of SSA, under which SSA should be available, and protected by a right, if selective abortion for disability is. Opponents of SSA might respond by conceding additional restrictions on selection against disabled fetuses. It should become clear throughout the paper, however, that any such new restrictions would be unacceptably onerous for women. (shrink)

According to the ?story model? a juror constructs an implicit mental model of a story telling what happened as the basis for the verdict choice. But the explicit justification of a verdict choice could take the form of a story (knowledge telling) or the form of a relational (knowledge-transforming) argument structure that brings together diverse, non-chronologically related pieces of evidence. The study investigates whether people tend towards knowledge telling or knowledge transforming, and whether use of these argument structure types (...) are related to skilled argument and epistemic understanding. A sample of people on jury duty chose and justified verdicts in two abridged cases. Participants tended to display the same argument structure and argument skill across cases. Those using knowledge-transforming structures were more successful at the juror argument skills task and had a higher level of epistemic understanding. The discussion suggests that jurors approach their task with an epistemic orientation towards knowledge telling or knowledge transforming. (shrink)

Eva Picardi has been one of the most influential Italian analytic philosophers of her generation. She taught for forty years at the University of Bologna, raising three generations of students. This collection of selected writings honors her work, confirming Picardi's status as one of the most important Frege scholars of her generation and a leading authority on the philosophy of Donald Davidson. Bringing together Picardi's contributions to the history of analytic philosophy, it includes her papers on major 20th-century figures such (...) as Wittgenstein, Quine, Davidson, Rorty, and Brandom. She examines their work in comparison with the philosopher Michael Dummett's, illuminating contrasts between American Neo-pragmatism and Continental philosophy. By considering key contributions made by Gadamer and Adorno and contrasting them with Davidson and Rorty's proposals, Picardi is able to bridge the Analytic and Continental divide. Featuring an introduction by Annalisa Coliva and new translations of previously unpublished papers, this collection emphasizes the significance of Picardi's work for a new generation of readers. (shrink)

The chapter explores whether, or to what extent, recent work in experimental philosophy puts pressure on the idea that the concept of causation is ‘egalitarian’. Causal selection – where experimental subjects tend to rate the causal strength of (for example) a norm-violator more strongly than a non-norm-violator – is a well established phenomenon, and is in prima facie tension with an egalitarian conception of causation; it also, indirectly, puts prima facie pressure on the idea that causation is a worldly (...) phenomenon whose obtaining is independent of facts about norms. The chapter explores both the various psychological mechanisms and the broadly pragmatic approaches to explaining causal selection. It argues that the answer to the question whether or not the concept of causation is egalitarian is currently significantly empirically underdetermined, and suggests some avenues for further investigation. (shrink)

We have argued elsewhere that: (A) Natural selection is not a cause of evolution. (B) A resolution-of-forces (or vector addition) model does not provide us with a proper understanding of how natural selection combines with other evolutionary influences. These propositions have come in for criticism recently, and here we clarify and defend them. We do so within the broad framework of our own “hierarchical realization model” of how evolutionary influences combine.

The article offers a study of the theological method of Henry Dodwell, the most distinguished British savant of the late Stuart period and a leading figure in the Non-Juring movement. The study takes the form of arguments for the extension of the contemporary dispute between the Ancients and Moderns, in its historiographical dimension, into the field of divinity; for substantial modification of the claims made in discussions of the dispute about the inherent conflict between the Renaissance's desire for revivification of (...) the past and its historical scholarship; and for reconsideration of the relationship between 17th century critical scholarship and the Enlightenment. (shrink)

Selective permeability holds that people’s distinct capacities allow them to do different things in a space, making it unequally accessible. Though mainly applied to urban geography so far, we propose selective permeability as an affordance-based approach for understanding diversity in education. This has advantages. First, it avoids dismissing lower achievements as necessarily coming from “within” students, instead locating challenges in the environment. This implies that settings (not just people) need remedial attention, also raising questions about normative judgments in disability nomenclature. (...) Second, affordances can be negotiated in numerous ways to reach a goal, analogously to how people with missing arms have learned to drive with their feet, so restrictive problem-solving methods are often counterproductive. Third, our approach illuminates how cultural factors ranging from gait styles to language and hence group coordination modulate action possibilities, so that cultural groups may encounter objectively different affordances in the same classroom. But fourth, while fit with environment allows for skill refinement, non-fit can contribute to growth situations, which suggests a degree of selective closure can be desirable. Throughout, we argue social constructs—including educational ones—are literally built or enacted barriers or openings that have reality in environments in the same way that affordances do. (shrink)

In this paper, I first review some of the recent empirical work on the biasing effect that moral considerations have on folk ascriptions of intentional action. Then, I use Mark Alicke's affective model of blame attribution to explain this biasing effect. Finally, I discuss the relevance of this research - both philosophical and psychological - to the problem of the partiality of jury deliberation. After all, if the immorality of an action does affect folk ascriptions of intentionality, and all serious (...) criminal offenses - e.g., murder and rape - are immoral in addition to being illegal, then a juror's ability to determine the relevant mens rea (i.e., guilty mind) of a defendant in an unbiased way may be seriously undermined. (shrink)