Bayesian models of legal arguments generally aim to produce a single integrated model, combining each of the legal arguments under consideration. This combined approach implicitly assumes that variables and their relationships can be represented without any contradiction or misalignment, and in a way that makes sense with respect to the competing argument narratives. This paper describes a novel approach to compare and ‘average’ Bayesian models of legal arguments that have been built independently and with no attempt to make them consistent (...) in terms of variables, causal assumptions or parameterization. The approach involves assessing whether competing models of legal arguments are explained or predict facts uncovered before or during the trial process. Those models that are more heavily disconfirmed by the facts are given lower weight, as model plausibility measures, in the Bayesian model comparison and averaging framework adopted. In this way a plurality of arguments is allowed yet a single judgement based on all arguments is possible and rational. (shrink)

A Bayesian network (BN) is a graphical model of uncertainty that is especially well suited to legal arguments. It enables us to visualize and model dependencies between different hypotheses and pieces of evidence and to calculate the revised probability beliefs about all uncertain factors when any piece of new evidence is presented. Although BNs have been widely discussed and recently used in the context of legal arguments, there is no systematic, repeatable method for modeling legal arguments as BNs. Hence, where (...) BNs have been used in the legal context, they are presented as completed pieces of work, with no insights into the reasoning and working that must have gone into their construction. This means the process of building BNs for legal arguments is ad hoc, with little possibility for learning and process improvement. This article directly addresses this problem by describing a method for building useful legal arguments in a consistent and repeatable way. The method complements and extends recent work by Hepler, Dawid, and Leucari (2007) on object-oriented BNs for complex legal arguments and is based on the recognition that such arguments can be built up from a small number of basic causal structures (referred to as idioms). We present a number of examples that demonstrate the practicality and usefulness of the method. (shrink)

(2013). Legal idioms: a framework for evidential reasoning. Argument & Computation: Vol. 4, Formal Models of Reasoning in Cognitive Psychology, pp. 46-63. doi: 10.1080/19462166.2012.682656.

Fenton et al. present a Bayesian‐network analysis of the case, using their previously developed set of building blocks (‘idioms’). They claim that these idioms, combined with their opportunity‐based method for estimating the prior probability of guilt, reduce the subjectivity of their analysis. Although their Bayesian model is less cognitively feasible than scenario‐ or argumentation‐based models, they claim that it does model the standard approach to legal proof, which is to continually revise beliefs under new evidence.

It is well known that Bayes’ theorem (with likelihood ratios) can be used to calculate the impact of evidence, such as a ‘match’ of some feature of a person. Typically the feature of interest is the DNA profile, but the method applies in principle to any feature of a person or object, including not just DNA, fingerprints, or footprints, but also more basic features such as skin colour, height, hair colour or even name. Notwithstanding concerns about the extensiveness of databases (...) of such features, a serious challenge to the use of Bayes in such legal contexts is that its standard formulaic representations are not readily understandable to non-statisticians. Attempts to get round this problem usually involve representations based around some variation of an event tree. While this approach works well in explaining the most trivial instance of Bayes’ theorem (involving a single hypothesis and a single piece of evidence) it does not scale up to realistic situations. In particular, even with a single piece of match evidence, if we wish to incorporate the possibility that there are potential errors (both false positives and false negatives) introduced at any stage in the investigative process, matters become very complex. As a result we have observed expert witnesses (in different areas of speciality) routinely ignore the possibility of errors when presenting their evidence. To counter this, we produce what we believe is the first full probabilistic solution of the simple case of generic match evidence incorporating both classes of testing errors. Unfortunately, the resultant event tree solution is too complex for intuitive comprehension. And, crucially, the event tree also fails to represent the causal information that underpins the argument. In contrast, we also present a simple-to-construct graphical Bayesian Network (BN) solution that automatically performs the calculations and may also be intuitively simpler to understand. Although there have been multiple previous applications of BNs for analysing forensic evidence—including very detailed models for the DNA matching problem, these models have not widely penetrated the expert witness community. Nor have they addressed the basic generic match problem incorporating the two types of testing error. Hence we believe our basic BN solution provides an important mechanism for convincing experts—and eventually the legal community—that it is possible to rigorously analyse and communicate the full impact of match evidence on a case, in the presence of possible errors. (shrink)

As is clear to any user of software, quality control of software has not reached the same levels of sophistication as it has with traditional manufacturing. In this paper we argue that this is because insufficient thought is being given to the methods of reasoning under uncertainty that are appropriate to this domain. We then describe how we have built a large-scale Bayesian network to overcome the difficulties that have so far been met in software quality control. This exploits a (...) number of recent advances in tool support for constructing large networks. We end the paper by describing how the network was validated and illustrate the range of reasoning styles that can be modelled with this tool. (shrink)

Modelling that exploits visual elements and information visualisation are important areas that have contributed immensely to understanding and the computerisation advancements in many domains and yet remain unexplored for the benefit of the law and legal practice. This paper investigates the challenge of modelling and expressing structures and processes in legislation and the law by using visual modelling and information visualisation (InfoVis) to assist accessibility of legal knowledge, practice and knowledge formalisation as a basis for legal AI. The paper uses (...) a subset of the well-defined Unified Modelling Language (UML) to visually express the structure and process of the legislation and the law to create visual flow diagrams called lawmaps, which form the basis of further formalisation. A lawmap development methodology is presented and evaluated by creating a set of lawmaps for the practice of conveyancing and the Landlords and Tenants Act 1954 of the United Kingdom. This paper is the first of a new breed of preliminary solutions capable of application across all aspects, from legislation to practice; and capable of accelerating development of legal AI. (shrink)

We present three experiments using a novel problem in which participants update their estimates of propensities when faced with an uncertain new instance. We examine this using two different causal structures (common cause/common effect) and two different scenarios (agent‐based/mechanical). In the first, participants must update their estimate of the propensity for two warring nations to successfully explode missiles after being told of a new explosion on the border between both nations. In the second, participants must update their estimate of the (...) accuracy of two early warning tests for cancer when they produce conflicting reports about a patient. Across both experiments, we find two modal responses, representing around one‐third of participants each. In the first, “Categorical” response, participants update propensity estimates as if they were certain about the single event, for example, certain that one of the nations was responsible for the latest explosion, or certain about which of the two tests is correct. In the second, “No change” response, participants make no update to their propensity estimates at all. Across the three experiments, the theory is developed and tested that these two responses in fact have a single representation of the problem: because the actual outcome is binary (only one of the nations could have launched the missile; the patient either has cancer or not), these participants believe it is incorrect to update propensities in a graded manner. They therefore operate on a “certainty threshold” basis, whereby, if they are certain enough about the single event, they will make the “Categorical” response, and if they are below this threshold, they will make the “No change” response. Ramifications are considered for the “categorical” response in particular, as this approach produces a positive‐feedback dynamic similar to that seen in the belief polarization/confirmation bias literature. (shrink)

In this book by the award-winning author of Just Healthcare, Norman Daniels develops a comprehensive theory of justice for health that answers three key questions: what is the special moral importance of health? When are health inequalities unjust? How can we meet health needs fairly when we cannot meet them all? Daniels' theory has implications for national and global health policy: can we meet health needs fairly in ageing societies? Or protect health in the workplace while respecting individual liberty? (...) Or meet professional obligations and obligations of justice without conflict? When is an effort to reduce health disparities, or to set priorities in realising a human right to health, fair? What do richer, healthier societies owe poorer, sicker societies? Just Health: Meeting Health Needs Fairly explores the many ways that social justice is good for the health of populations in developed and developing countries. (shrink)

How should medical services be distributed within society? Who should pay for them? Is it right that large amounts should be spent on sophisticated technology and expensive operations, or would the resources be better employed in, for instance, less costly preventive measures? These and others are the questions addreses in this book. Norman Daniels examines some of the dilemmas thrown up by conflicting demands for medical attention, and goes on to advance a theory of justice in the distribution of (...) health care. The central argument is that health care, both preventive and acute, has a crucial effect on equality of opportunity, and that a principle guaranteeing equality of opportunity must underly the distribution of health-care services. Access to care, preventive measures, treatment of the elderly, and the obligations of doctors and medical administrations are fully discussed, and the theory is shown to underwrite various practical policies in the area. (shrink)

Of all the major philosophical works, Kant's Critique of Pure Reason is one of the most rewarding, yet one of the most difficult. Norman Kemp Smith's Commentary elucidates not only textural questions and minor issues, but also the central problems which arise, he contends, from the conflicting tendencies of Kant's own thinking. Kemp Smith's Commentary continues to be in demand with Kant scholars, and it is being reissued here with a new introduction by Sebastian Gardner to set it in (...) its contemporary context. (shrink)

We investigate whether standard counterfactual analyses of causation imply that the outcomes of space-like separated measurements on entangled particles are causally related. Although it has sometimes been claimed that standard CACs imply such a causal relation, we argue that a careful examination of David Lewis’s influential counterfactual semantics casts doubt on this. We discuss ways in which Lewis’s semantics and standard CACs might be extended to the case of space-like correlations.

This edited volume represents a unique addition to the available literature on animal ethics, animal studies, and neuroethics. Its goal is to expand discussions on animal ethics and neuroethics by weaving together different threads: philosophy of mind and animal minds, neuroscientific study of animal minds, and animal ethics. Neuroethical questions concerning animals’ moral status, animal minds and consciousness, animal pain, and the adequacy of animal models for neuropsychiatric disease have long been topics of debate in philosophy and ethics, and more (...) recently also in neuroscientific research. The book presents a transdisciplinary blend of voices, underscoring different perspectives on the broad questions of how neuroscience can contribute to our understanding of nonhuman minds, and on debates over the moral status of nonhuman animals. All chapters were written by outstanding scholars in philosophy, neuroscience, animal behavior, biology, neuroethics, and bioethics, and cover a range of issues and species/taxa. Given its scope, the book will appeal to scientists and students interested in the debate on animal ethics, while also offering an important resource for future researchers. Chapter 13 of this book is available open access under a CC BY 4.0 license at link.springer.com. (shrink)

Leibniz, Husserl and the Brain is about the structural relations between phenomenological and neurophysiological aspects of perception, consciousness and time. Its focus lies with auditory perception, since nearly all perceived qualities in hearing - such as pitch, rhythm and the localization or origin of a sound - are most intimately related to temporal patterns and regularities. Here striking analogies are shown between the structural features of perceptual states, as dealt with in philosophical phenomenology, and of their physical counterparts, as dealt (...) with in neurophysiology. Accordingly, the comprehensive and consolidating references to the work of Leibniz and Husserl are not for philological reasons, but, rather, to work towards philosophical orientation in a conceptual maze. They allow for a fresh view on several issues in contemporary philosophy of mind and also in psychophysics - in particular, on the transition from unconscious to conscious states and on the constitution of time consciousness. (shrink)

This is the first book to gather the key writings of the distinguished political theorist Norman Geras into a single volume, providing a comprehensive overview of the thinking of one of the most important Marxist philosophers in the post-war era. Among the essays included here are 'The Controversy about Marx and Justice', 'The Duty to Bring Aid', 'Primo Levi and Jean Amery: Shame' and the contentious 'Euston Manifesto', which lays down a set of central principles for the democratic left (...) in the twenty-first century. The reader is rounded out with several posts from Geras's much-loved and widely read 'Normblog', as well as companion essays by Alan Johnson and Terry Glavin, which explore how Geras's philosophical concerns led to his more recent, trenchant critiques of the direction of left-wing politics. (shrink)

This comprehension interpretation of Plato’s Euthyphro illuminates the necessary tension between tradition and autonomy in human and political life. Norman J. Fischer II argues that the dialogue defends Socrates by revealing the weaknesses of his opponents’ understanding of piety and the human soul, implicitly arguing for a Socratic alternative.

An accessible and enjoyable introduction to Zen Buddhist practice--in a reader-friendly question-and-answer format--by two highly regarded teacher-writers. The question-and-answer format makes this introduction to Zen especially easy to understand--and also to use as a reference, as you can easily look up just the question you had in mind. The esteemed Zen teacher Norman Fischer and his old friend and teaching colleague Susan Moon (both of them in the lineage of Shunryu Suzuki, author of Zen Mind, Beginner's Mind) give this (...) collaborative effort a playful tone: Susan asks a question on our behalf, Norman answers it, and then Sue challenges him. By the time you get through their conversations, you'll have a good basic education in Zen--not only the history, theory, and practice but also the contemporary issues, such as gender inequality, sexual ethics, and the tension between Asian traditions and the modern American reality. (shrink)

"In his study of Philo Mr. Bentwich has done good service by demonstrating this characteristically Jewish combination of qualities in the spirit of the great Alexandrine, and by vindicating the claim of Philo to rank among the great teachers of Judaism." -The Jewish Review "Philo, the chief light of Hellenistic Judaism, by a strange fate was rejected and forgotten by his own people, while he was taken up by the Christians and almost adopted as one of their own. This difference (...) of attitude towards him on the part of Jews and Christians is easily explained. Philo was alien in spirit to the narrow rabbinical Judaism which became universal among the Jews in the second century after Christ, and hence was suspected as unorthodox and put under the ban. On the other hand, his philosophy and exegetical method appealed to the early Fathers, especially those of the Alexandrian school, and even much of his religious teaching was more in sympathy with Christian than with later Jewish thought. In modern times, however, Jewish sentiment towards this illustrious coreligionist has undergone considerable change. In the volume before us Mr. Norman Bentwich has undertaken to make him better known among his own people, and to remove any prejudice that might still exist against him by showing that, after all, he was a true Jew. Though the work is written for Jews, and, as the author frankly tells us, from a Jewish standpoint, by reason of its subject it is likely to attract also some Gentile readers." -America "Having specialized in Jewish history and literature, Mr. Bentwich was eminently fitted to undertake the work on Hellenism. It is this movement in Judaism which Mr. Bentwich has set himself to describe. During the last two or three centuries before the common era the Jewish people came in close contact with the Greek-speaking world, and naturally, could not entirely escape its influence. Greek thought prevailed throughout the Eastern world, and Hellenism, or the culture of Greece, for which Hellas is the older name, dominated the intellectual activity of men. Although the Jews were always opposed to foreign influences which conflicted with their mode of thinking, the Greek culture nevertheless penetrated Jewish life in one way or another....The struggle of Judaism with Hellenistic culture marks one of the most fundamental conflicts in the march of civilization, and as a result, Hellenistic Judaism is one of the most remarkable contributions to Jewish genius to the world's thought....The author treats this subject from the Jewish point of view. Others are chiefly interested in the relation of Hellenism to Christianity. The school of writers contrast the broad universalism of Hellenistic Judaism with the supposed narrow legalism of the Pharisees which eventually prevailed in Palestine. Mr. Bentwich combats this attitude. The present volume is popular in character and the author has not refrained from pointing out parallels in modern Jewish life....Mr. Bentwich apart from giving historical descriptions of the various phases of Hellenism in Palestine and in the Diaspora, fully describes the literature produced by the Jews during that period. He graphically and minutely describes the life and works of Philo, Josephus and other important Jewish writers. He gives a fine resume of the wisdom of Ben Sira and also, deals with the influence of the Septuagint and the attitude of the Jewish Rabbis toward it. The book will appeal to the cultured layman who wishes to be informed on the various movements of Judaism." -The Advocate: America's Jewish Journal. (shrink)

A prominent Zen teacher offers a “direct, penetrating, and powerful” perspective on a popular mind training practice of Tibetan Buddhism (Rick Hanson, author of Buddha’s Brain) Lojong is the Tibetan Buddhist practice of working with short phrases (called "slogans") to generate bodhichitta, the heart and mind of enlightened compassion. With roots tracing back to the 900 A.D., the practice has gained more Western adherents over the past two decades, partly due to the influence of American Buddhist teachers like Pema Chödrön. (...) Its effectiveness and accessibility have moved the practice out of its Buddhist context and into the lives of non-Buddhists across the world. It's in this spirit that Norman Fischer offers his unique, Zen-based commentary on the Lojong. Though traditionally a practice of Tibetan Buddhism, the power of the Lojong extends to other Buddhist traditions—and even to other spiritual traditions as well. As Fischer explores the 59 slogans through a Zen lens, he shows how people from a range of faiths and backgrounds can use Lojong to generate the insight, resilience, and compassion they seek. (shrink)

This paper argues that many ethical issues in neuroeducational research cannot be appropriately addressed using the principles and guidance available in one of these areas alone, or by applying these in simple combination. Instead, interdisciplinary and public dialogue will be required to develop appropriate normative principles. In developing this argument, it examines neuroscientific and educational perspectives within three broad categories of ethical issue arising at the interface of cognitive neuroscience and education: issues regarding the carrying out of interdisciplinary research, the (...) scrutiny and communication of findings and concepts, and the application of research and associated issues of policy likely to arise in the future. To help highlight the need for interdisciplinary and public discussion, we also report the opinions of a group of educators (comprising trainee teachers, teachers and head teachers) on the neuroeducational ethics of cognitive enhancing drugs, infant screening, genetic profiling and animal research. (shrink)

SIECLE DES LUMIERES, HISTOIRE, 18e siècle.

Since archaeology is fundamentally the study of the human past, which is what the word “archaeology” connotes according to its Greek etymology, it is part of the humanities. However, archaeologists work in teams with scientists and employ quantitative techniques and comparative methods of the social sciences; archaeologists are thus an academic hybrid and are pleased to live in the interstices of many disciplines. In this article we review the history of archaeology in the humanities and explore some new directions in (...) archaeological research. We discuss the enduring questions of origins of the antiquity of humanity, religion and art, the first agricultural villages, and the earliest cities, states, and civilizations. We also consider new agendas in archaeology: historical archaeology, landscapes in the past and present, material studies of the present, and how archaeologists are engaged in modern politics. (shrink)

Since archaeology is fundamentally the study of the human past, which is what the word “archaeology” connotes according to its Greek etymology, it is part of the humanities. However, archaeologists work in teams with scientists and employ quantitative techniques and comparative methods of the social sciences; archaeologists are thus an academic hybrid and are pleased to live in the interstices of many disciplines. In this article we review the history of archaeology in the humanities and explore some new directions in (...) archaeological research. We discuss the enduring questions of origins of the antiquity of humanity, religion and art, the first agricultural villages, and the earliest cities, states, and civilizations. We also consider new agendas in archaeology: historical archaeology, landscapes in the past and present, material studies of the present, and how archaeologists are engaged in modern politics. (shrink)

“Marx did not reject the idea of a human nature. He was right not to do so.” That is the conclusion of this passionate and polemical new work by Norman Geras. In it, he places the sixth of Marx’s Theses on Feuerbach under rigorous scrutiny. He argues that this ambiguous statement—widely cited as evidence that Marx broke with all conceptions of human nature in 1845—must be read in the context of Marx’s work as a whole. His later writings are (...) informed by an idea of a specifically human nature that fulfills both explanatory and normative functions. The belief that Marx’s historical materialism entailed a denial of the conception of human nature is, Geras writes, “an old fixation, which the Althusserian influence in this matter has fed upon … Because this fixation still exists and is misguided, it is still necessary to challenge it.” One hundred years after Marx’s death, this timely essay—combining the strengths of analytical philosophy and classical Marxism—rediscovers a central part of his heritage. (shrink)

Prologue: The moral order from Hobbes to Hutcheson -- "The duties of man as they may be deduced from nature" : James Logan's unpublished venture into moral philosophy, an analysis -- Epilogue: Logan and Benjamin Franklin.

Wittgensteins "Philosophische Untersuchungen," von N. Malcolm.--Kritische Notiz zu einigen Begriffen in Wittgensteins Philosophie, von P. F. Strawson.--Wittgenstein über die Privatsprache, von N. Garver.--Der Zugang zu Wittgensteins Spätphilsophie, von S. Cavell.--Ausgewählte Bibliographie der Schriften über Ludwig Wittgenstein, zusammengestellt von Ulrich Steinvorth (p. 157-[171]).

Recent work in the philosophy of religion has broken through disciplinary boundaries and ventured into new areas of inquiry. Examining aspects of the rationality of faith or bringing philosophical techniques to bear on particular religious texts or doctrines, this collection deepens our understanding of the connections between faith and reason.

In this book on Marxist ethics, Norman Fischer applies abstract political philosophy and intellectual history to rarely discussed texts in terms of Marxist ethics. These include Marx's never translated German notes on Machiavelli, Montesquieu, and Rousseau, as well as Lewis Henry Morgan's' Ancient Society. Fischer's philosophical analysis of these texts demonstrates that there is a strain of Marxist ethics that is only understandable in the context of the great works of Western political theory and philosophy, particularly those that emphasize (...) the republican value of public spiritedness, the communitarian value of solidarity and the liberal values of liberty and equality. (shrink)

Henry Longueville Mansel (1820-1871), Anglican theologian and philosopher, has wrongly been remembered as a Kantian agnostic whose ideas led to those of Herbert Spencer. Francesca Norman's book provides a thorough revisioning of Mansel's theology in context and reveals the personal basis of Spencer's animus towards Mansel. Mansel is revealed as an orthodox Anglican theistic personalist whose ideas inspired Newman to write his Grammar of Assent. Located in context, Mansel's personal connections with leading Tory figures such as Lord Carnarvon and (...) Benjamin Disraeli are explored. Key controversies with Frederick Denison Maurice and John Stuart Mill are interpreted with reference to the party political elections of 1859 and 1865. Norman offers a vital vision of nineteenth-century theology, philosophy, and politics. (shrink)