In the course of legal reasoning—whether for purposes of deciding an issue, justifying a decision, predicting how an issue will be decided, or arguing for how it should be decided—one often is required to reach conclusions based on a balance of reasons that is not straightforwardly reducible to the application of rules. Recent AI and Law work has modeled reason-balancing, both within and across cases, with set-theoretic and rule- or value-ordering approaches. This article explores a way to model balancing in (...) quantitative terms that may yield new questions, insights, and tools. (shrink)

In this short note, we discuss several aspectsof “dimensions” and the related constructof “factors”. We concentrate on those aspectsthat are relevant to articles in this specialissue, especially those dealing with the analysisof the wild animal cases discussed inBerman and Hafner's 1993 ICAIL article. We reviewthe basic ideas about dimensions,as used in HYPO, and point out differences withfactors, as used in subsequent systemslike CATO. Our goal is to correct certainmisconceptions that have arisen over the years.

Business theory suggests that knowledge intensive professionslike law would devote major attention to knowledge management (KM) activities. Afterall, since a firm's combined knowledge is a key differentiating asset, one wouldexpect the exploitation of that asset to be a high priority. Yet new lawyers are oftensurprised at how little of such activities take place within firms. One might also expect tofind rich connections between academic research in knowledge management and law firmsusing that research. The rarity of such connections stands in sharp (...) contrast to thebreadth and depth of use of substantive legal research and analysis. These disappointmentsare not unrelated: a firm that allocates little time to systems for leveraging its intellectualcontent is unlikely to invest in staying up to date with externalresearch relating to such systems.The authors believe that significant progress nonetheless may bemade both in applying KM methodologies to law firm work and better connecting theacademic and practice sectors. To those ends, this article explores three theses: (1)Legal technologists can and should lead by example in utilizing KM tools and methods; (2) Theeconomics of legal practice still pose substantial challenges to even those knowledge technologies considered by some as truly ``disruptive''; and (3) Focussing onareas that could yield a tremendous economic harvest may help forge richer connections betweenthe work being done in academic and practice spheres. (shrink)

Document assembly and other substantive legal practice applications are the most knowledge-intense forms of software now widely available in the legal technology marketplace. This article provides an illustrative look at two contemporary practice system engines-CAPS and Scrivener-and examines their relevance for AI-and-law researchers.

Contemporary law offices use many different technologies for storing and retrieving documents produced in the course of legal work. This article examines two approaches in detail: document management, as exemplified by SoftSolutions, and electronic publishing, as exemplified by Folio VIEWS. Some other approaches are reviewed, and the pragmatics, politics, economics, and legalities of legal work product retrieval are discussed.

The first issue of _Artificial Intelligence and Law_ journal was published in 1992. This paper discusses several topics that relate more naturally to groups of papers than a single paper published in the journal: ontologies, reasoning about evidence, the various contributions of Douglas Walton, and the practical application of the techniques of AI and Law.

Darnell F. Hawkins (ed.), Violent Crime: Assessing Race and Ethnic Differences Cambridge, UK: Cambridge University Press, 2003, pp. 448.

Why do forces compose according to the parallelogram of forces? This question has been controversial; it is one episode in a longstanding, fundamental dispute regarding which facts are not to be explained dynamically. If the parallelogram law is explained statically, then the laws of statics are separate from and “transcend” the laws of dynamics. Alternatively, if the parallelogram law is explained dynamically, then statical laws become mere corollaries to the dynamical laws. I shall attempt to trace the history of this (...) controversy in order to identify what it would be for one or the other of these rival views to be correct. I shall argue that various familiar accounts of natural law not only make it difficult to see what the point of this dispute could have been, but also improperly foreclose some serious scientific options. I will sketch an alternative account of laws that helps us to understand what this dispute was all about. (shrink)

It has often been argued that Humean accounts of natural law cannot account for the role played by laws in scientific explanations. Loewer (Philosophical Studies 2012) has offered a new reply to this argument on behalf of Humean accounts—a reply that distinguishes between grounding (which Loewer portrays as underwriting a kind of metaphysical explanation) and scientific explanation. I will argue that Loewer’s reply fails because it cannot accommodate the relation between metaphysical and scientific explanation. This relation also resolves a puzzle (...) about scientific explanation that Hempel and Oppenheim (Philosophy of Science 15:135–75, 1948) encountered. (shrink)

Conflicts of interest are rampant in the American medical community. Today it is not uncommon for doctors to refer patients to clinics or labs in which they have a financial interest (40% of physicians in Florida invest in medical centers); for hospitals to offer incentives to physicians who refer patients (a practice that can lead to unnecessary hospitalization); or for drug companies to provide lucrative give-aways to entice doctors to use their "brand name" drugs (which are much more expensive than (...) generic drugs). In Medicine, Money and Morals, Marc A. Rodwin draws on his own experience as a health lawyer--and his research in health ethics, law, and policy--to reveal how financial conflicts of interest can and do negatively affect the quality of patient care. He shows that the problem has become worse over the last century and provides many actual examples of how doctors' decisions are influenced by financial considerations. We learn how two California physicians, for example, resumed referrals to Pasadena General Hospital only after the hospital started paying $70 per patient (their referrals grew from 14 in one month to 82 in the next). As Rodwin writes, incentives such as this can inhibit a doctor from taking action when a hospital fails to provide proper service, and may also lead to the unnecessary hospitalization of patients. We also learn of a Wyeth-Ayerst Labs promotion in which physicians who started patients on INDERAL (a drug for high blood pressure, angina, and migraines) received 1000 mileage points on American Airlines for each patient (studies show that promotions such as this have a direct effect on a doctor's choice of drug). Rodwin reveals why the medical community has failed to regulate conflicts of interest: peer review has little authority, state licensing boards are usually ignorant of abuses, and the AMA code of ethics has historically been recommended rather than required. He examines what can be learned from the way society has coped with the conflicts of interest of other professionals --lawyers, government officials, and businessmen--all of which are held to higher standards of accountability than doctors. And he recommends that efforts be made to prohibit and regulate certain kinds of activity (such as kickbacks and self-referrals), to monitor and regulate conduct, and to provide penalties for improper conduct. Our failure to face physicians' conflicts of interest has distorted the way medicine is practiced, compromised the loyalty of doctors to patients, and harmed society, the integrity of the medical profession, and patients. For those concerned with the quality of health care or medical ethics, Medicine, Money and Morals is a provocative look into the current health care crisis and a powerful prescription for change. (shrink)

Structural requirements of rationality prohibit various things, like having inconsistent combinations of attitudes, having means-end incoherent combinations of attitudes, and so on. But what is the distinctive feature of structural requirements of rationality? And do we fall under an obligation to be structurally rational? These issues have been at the heart of significant debates over the past fifteen years. Some philosophers have recently argued that we can unify the structural requirements of rationality by analyzing what is constitutive of our attitudes (...) (Lee, 2020; Worsnip, 2018a). It has also been suggested that, in the course of good first-personal deliberation, agents should treat structurally irrational combinations of attitudes as off-limits (Worsnip, 2021). In this paper, I raise a worry for these two theses concerning structural rationality. Roughly, I argue that some imperfect epistemic agents (like us) can be disposed to have structurally irrational combinations of attitudes. Also, when these imperfect agents deliberate, they should not treat structurally irrational combinations of attitudes as off-limits. Given our imperfections, being structurally irrational can very well be the best option we have. More generally, these observations reveal that structural rationality should not always be theorized independently from more “substantive” norms, like responsiveness to reasons or expected value optimization. (shrink)

The article « La Défenestration » by Belgian philosopher Marc Richir has been translated into Russian for the first time for this issue of the “Horizon. Studies in Phenomenology.” In his early work “The Defenestration” Richir raises the question of relation between the subject and conceivable world. Here, a philosopher is pictured contemplating the world through the window of his tower. In such detachment from the world the thinker finds himself according to all Modern philosophies of consciousness. Husserl’s phenomenology (...) inherits this detachment, since Husserl imposes the structure of transcendental ego as external to the world. Richir abolishes the concept of transcendental ego with the help of heideggerian Dasein, but analyzing Heidegger’s ontology he comes to the conclusion that the latter remains fixated on beings. Believing a person to live in the fundamental openness of Being, Heidegger places such a person in the secondary world of “truth.” In order to overcome the remains of traditional philosophy in Heidegger’s ontology Richir turns to Merleau-Ponty’ “cosmology of the visible.” The author takes the Merleau-Ponty’s thesis that everything visible has something fundamentally invisible in it. This allows him to discover the universe of “nothing”, which includes both the visible and what is “behind” it. As a result Richir overcomes the classical dualism of the sensual and the intelligible. The concept of defenestration places the subject and the world in the same universe. (shrink)

This paper argues that there is a conflict between two theses held by John McDowell, namely i) the claim that we are under a standing obligation to revise our beliefs if reflection demands it; and ii) the view that veridical experience is a mode of direct access to the world. Since puts no bounds on what would constitute reasonable doubt, it invites skeptical concerns which overthrow. Conversely, since says that there are some experiences which we are entitled to trust, it (...) undermines the prescriptive scope of. Drawing on C. S. Peirce's distinction between genuine and contrived doubt, I maintain that critical revisions of beliefs should be triggered only by unwanted disruptions of habits, thereby restoring unity between McDowell's two theses. (shrink)

What altered states of consciousness—the dissolution of feelings of time and self—can tell us about the mystery of consciousness. During extraordinary moments of consciousness—shock, meditative states and sudden mystical revelations, out-of-body experiences, or drug intoxication—our senses of time and self are altered; we may even feel time and self dissolving. These experiences have long been ignored by mainstream science, or considered crazy fantasies. Recent research, however, has located the neural underpinnings of these altered states of mind. In this book, neuropsychologist (...) Marc Wittmann shows how experiences that disturb or widen our everyday understanding of the self can help solve the mystery of consciousness. Wittmann explains that the relationship between consciousness of time and consciousness of self is close; in extreme circumstances, the experiences of space and self intensify and weaken together. He considers the emergence of the self in waking life and dreams; how our sense of time is distorted by extreme situations ranging from terror to mystical enlightenment; the experience of the moment; and the loss of time and self in such disorders as depression, schizophrenia, and epilepsy. Dostoyevsky reported godly bliss during epileptic seizures; neurologists are now investigating the phenomenon of the epileptic aura. Wittmann describes new studies of psychedelics that show how the brain builds consciousness of self and time, and discusses pilot programs that use hallucinogens to treat severe depression, anxiety, and addiction. If we want to understand our consciousness, our subjectivity, Wittmann argues, we must not be afraid to break new ground. Studying altered states of consciousness leads us directly to the heart of the matter: time and self, the foundations of consciousness. (shrink)

During the past decade, several governmental reports have discussed how information technology can transform Danish society. Most important among these reports is Digital Denmark from 1999.In this article, the authors examine how to analyze Digital Denmark by considering two strategies for engaging reports. The first aims at uncovering and making explicit hidden assumptions or ideologies in the text. This approach is called “reading against the text.” The second approach—inspired by science, technology, and society studies—considers where a text goes and what (...) it does rather than how to critically interpret it. Texts may be read as material-semiotic actors, having effects on their environment that exceed or bypass discussions of content or motivation. This approach is called “reading with the text,” and the authors argue that traveling with Digital Denmark makes visible the limitations of critical analyses, while adding agency to the report as it moves in between practices. (shrink)

Within psychiatric research, the field of 'technotherapy' has been centred primarily on attempts to assess the computer as a treatment tool. The situation of daily clinical usage is, however, often ignored within such research, as for instance in controlled clinical trials. Our empirical study illustrates how health professionals and clients use different concepts of science and health in the attempts of formulating standards for using computers in psychiatric practice. The psychiatrists at a major psychiatric hospital decided and justified clients' use (...) of computers on the basis of a 'techno-medical' quality assurance. At the same hospital the occupational therapists stressed the improvement of social relations as a treatment goal. And, at a psychiatric outside clinic the clients used concepts of 'normality' for articulating quality in computer use. Our study exemplifies how the use of computers is a multifaceted 'performance'. What is called for is a kind of research not limited by artificial borders of 'the context' and the 'user-perspective'. In much humanistic research as well as in action research concepts of 'context' and 'user-perspective' imply a somehow romantic view on practice as pure and uncontaminated by the outside world contrasted to a 'general' or an 'objective' way of knowing the world. These sharp distinctions were however difficult to maintain in our study, where health professionals and clients took local contingencies into account when they interpreted computer use, while they simultaneously drew on a socio-historical reservoir of resources. (shrink)

Some mathematical proofs explain why the theorems they prove hold. This paper identifies several challenges for any counterfactual account of explanation in mathematics (that is, any account according to which an explanatory proof reveals how the explanandum would have been different, had facts in the explanans been different). The paper presumes that countermathematicals can be nontrivial. It argues that nevertheless, a counterfactual account portrays explanatory power as too easy to achieve, does not capture explanatory asymmetry, and fails to specify why (...) certain proofs are explanatory and others are not. Greater informativeness about counterfactual dependence can even yield less explanatory power. (shrink)

A number of authors argue that while species are evolutionary units, individuals and real entities, higher taxa are not. I argue that drawing the divide between species and higher taxa along such lines has not been successful. Common conceptions of evolutionary units either include or exclude both types of taxa. Most species, like all higher taxa, are not individuals, but historical entities. Furthermore, higher taxa are neither more nor less real than species. None of this implies that there is no (...) distinction between species and higher taxa; the point is that such a distinction is more subtle than many authors have claimed. (shrink)

Norms have been widely enacted in human and agent societies to regulate individuals’ actions. However, although legislators may have ethics in mind when establishing norms, moral values are only sometimes explicitly considered. This paper advances the state of the art by providing a method for selecting the norms to enact within a society that best aligns with the moral values of such a society. Our approach to aligning norms and values is grounded in the ethics literature. Specifically, from the literature’s (...) study of the relations between norms, actions, and values, we formally define how actions and values relate through the so-called value judgment function and how norms and values relate through the so-called norm promotion function. We show that both functions provide the means to compute value alignment for a set of norms. Moreover, we detail how to cast our decision-making problem as an optimisation problem: finding the norms that maximise value alignment. We also show how to solve our problem using off-the-shelf optimisation tools. Finally, we illustrate our approach with a specific case study on the European Value Study. (shrink)

Freedom and compassion in the anthropocene -- Can science save animals? -- Who we eat -- Fat rats and lab cats -- Charismatic, caged, and occasionally crazy: zooed animals -- Captive and companion -- Born to be wild? -- Coexistence in the anthropocene and beyond: compassion and justice for all.

This chapter contains section titled: Introduction The Ontological Nature of Species Taxonomic Pluralism Two Major Schools of Biological Taxonomy The Linnaean Hierarchy References Further Reading.

This chapter contains section titled: Is Biology Like Physics? Laws of Nature: The Standard Picture Why Not Laws of Biology? The Problem of Exceptions Why Not Laws of Biology? The Problem of Accidentalness A Worked Example: The “Area Law” Evolutionary Accidents as Laws of Functional Biology References Further Reading.

Marc Hauser puts forth the theory that humans have evolved a universal moral instinct, unconsciously propelling us to deliver judgments of right and wrong independent of gender, education, and religion. Combining his cutting-edge research with the latest findings in cognitive psychology, linguistics, neuroscience, evolutionary biology, economics, and anthropology, Hauser explores the startling implications of his provocative theory vis-à-vis contemporary bioethics, religion, the law, and our everyday lives.

The expression “République des lettress” is still used today. It appears in most recent dictionaries of the French language, and it even occasionally occurs in ordinary conversation or in the press, a pompous and ironic circumlocution to designate the Parisian literary “milieu.” This archaistic and pejorative survival masks (somewhat similarly to the word “rhetoric”) the attention that researchers are now according to the older meaning of this surviving expression, and to the concept of an international exchange of ideas that it (...) represented for scholars of the Ancien Régime. As proof that this scientific interest is recent, Paul Hazard, in the famous Crise de la conscience européenne (1936), devotes not a single line to the “Republic of Letters,” while in the chapter dealing with Pierre Bayle he cites the “Nouvelles de la République des Lettres” (1684), the learned periodical published in Amsterdam by this erudite Calvinist, apparently without feeling a need to explain a title that seemed self-evident. For the history of ideas, this notion was not a subject for history. It resided outside the field of perception of a discipline that was completely devoted to a sort of chemistry of pure ideas, removed from the literary form that carried them, and a fortiori from institutional circuits, and forms of sociability and dialogue that “invent” and spread them, and even more so from the awareness that “scholars” might have had of the solidarity that united them and of the meaning they might be able to attribute to it. (shrink)

Models of cognitive vulnerability claim that depressive symptoms arise as a result of an interaction between negative affect and cognitive reactions, in the form of dysfunctional attitudes and negative inferential style. We present a model that complements this approach by focusing on the appraisal processes that elicit and differentiate everyday episodes of emotional experience, arguing that individual differences in appraisal patterns can foster negative emotional experiences related to depression. In particular, dispositional appraisal biases facilitating the elicitation of these emotions more (...) frequently and more intensely. This, in turn, is likely to have a negative influence on cognitive processing and emotion regulation in general. (shrink)

“Je doute qu'il y ait un dialogue de la chenille et du papillon”A. MatrauxThe most ordinary events astonish only those who think about them. What can be more natural than two people talking? They are from the same country, they speak the same language, they understand one another. They have things to say to each other and they say them. Anyone who would try to question such evident truisms would be seen as attempting to be a spinner of paradoxes. And (...) yet…First of all is it as natural as it appears that two people should stop and speak? To an impartial observer of the behavior of one's peers this would not seem to be the case. Most of the people we rub elbows with daily—in the street, in the subway, on a beach, in a hotel or even in the apartment building where we have lived for ten years—are people whom we do not accost and to whom we never speak. In order for people to speak to one another, certain circumstances must exist; there must be a ritual of introduction and a mutual consent that often occurs only after a certain resistance has been overcome. There are important differences to be observed in this respect among different peoples and, within the same nation, among people of different classes. But in every case dialogue is preceded by a preparatory phase of prudent observation, reserve and mistrust during which the partners size one another up and seek to situate themselves in relation to each other. (shrink)

Jordan Peterson gave a series of lectures on the Psychological Significance of the Biblical Stories. His first lecture lasted two hours. In that time, Peterson managed to cover only a single line from the Bible. This lopsided gloss-to-text ratio, I argue, entails that the rational explanations actually do all the work while the Bible is dispensable.

Building on earlier work on the relationship between corporate social performance (CSP) and a firm’s financial performance, this integrative empirical study supports the theoretical argument that the higher a firm’s CSP the lower its financial risk. Specifically, the relationship between CSP and risk appears to be one of reciprocal causality, because prior CSP is negatively related to subsequent financial risk, and prior financial risk is negatively related to subsequent CSP. Additionally, CSP is more strongly correlated with measures of market risk (...) than measures of accounting risk. Of all CSP measures, reputation for social responsibility appears to be the most important one in terms of its risk implications. (shrink)