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.

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)

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)

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)

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)

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.

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)

This paper investigates Hermann Weyl’s reception of philosophical concepts stemming from the German Idealist Johann Gottlieb Fichte. In particular, Weyl’s ‘agens theory’ of matter, which he held around 1925, will be looked at. In the extant literature, the—admittedly also important—influence of Husserl on Weyl has mainly been addressed. Thus, apart from investigating some detailed Fichtean inheritances in Weyl’s concepts of causality, chance and continuity, the general difference which Weyl saw between the philosophies of Fichte and Husserl will also be discussed. (...) For Weyl this is above all a difference between an active constructivism and a rather passive phenomenological seeing. Further, the paper shows in some detail the way Weyl was drawn into a certain reading of Fichte by his Zurich colleague, the philosopher Fritz Medicus. The methodological frame of the paper is that of Konstellationsforschung, a historical and systematic approach which proves to be particularly fruitful when investigating a German Idealist context and which allows special attention to be given to the acting subjects within the constellation under investigation. Conversely, Weyl’s agens theory suggests amendments to this methodology.Keywords: Hermann Weyl; Fritz Medicus; Johann Gottlieb Fichte; Theory of matter; Activity vs. passivity; Konstellationsforschung. (shrink)

Obwohl es "die Zeit" nicht gibt, ordnet sich doch alles, was wir erleben, zeitlich. Auch die großen Schlagworte unserer Tage betreffen allesamt von zeitlichen Herausforderungen: Nachhaltigkeit, Resilienz, Transformation, Zeitenwende. Dieses Buch handelt davon, was Zeitliches ausmacht, warum sich die Wirklichkeit zeitlich ordnet und was das mit der wechselseitigen Taktung von Ereignissen und Autonomieerfahrungen zu tun hat. Es werden Missverständnisse aufgelöst, indem aufgezeigt wird, inwiefern es "die Zeit" nicht gibt, es oftmals sogar leidvolle bis hin zu pathologischen Konsequenzen mit sich bringt, (...) wenn Zeit als Gegenstand oder Ressource betrachtet wird. Es ist ein Buch über den Vergleich von Abläufen und darüber, was es bedeutet, wenn Ereignisse miteinander im Takt sind, und wie sie durch Wiederholung und Variation Bedeutung gewinnen und damit "intakt" wirken. Musik und vor allem das Hören dienen als Modelle, um diese allgemeinen zeitlichen Struktureigenschaften der Wirklichkeit begrifflich anklingen zu lassen. Darüber hinaus regen Hyperlinks zu konkreten Hörbeispielen dazu an, sich direkt auch auf besondere Erfahrungen von Zeit einzulassen. - Ein Buch für all diejenigen, die Grundlegendes über Zeit nicht nur lesen wollen, sondern sich im Idealfall auch für einen taktvollen Umgang mit Zeit motivieren lassen möchten. (shrink)

Recently, Chinese researchers published the results of their research using a gene-editing technology on abnormal human zygotes. The research team believes this research has prospective clinical application, viz., for gene therapy for?-thalassemia, a white blood cell disorder, and plan to persist with further studies, despite technical problems in this experiment. The research has elicited international criticism from both scientific and bioethics domains, because it innovates beyond the current global consensus against human germ line modification. This paper comments on some ethical (...) issues presented by the research report and concludes that, under present circumstances, the Chinese research team did not meet a standard of scientific responsibility.Bangladesh Journal of Bioethics 2015 Vol.6 (1):22-26. (shrink)

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.

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)

A permanent state of suspension or deferment -- How theory became history -- "Philosophy is not one of the natural sciences" -- "I will teach you differences" -- An assembling of reminders -- ". . . a complicated network of similarities, overlapping and criss-crossing" -- Gedankenwegen: on import and interpretation -- "Of which we cannot speak . . .": philosophy and the humanities -- What is (film) philosophy? -- Order out of chaos -- Idea, image, and intuition -- The world, (...) time -- The ordinary necessity of philosophy -- "Art now exists in the condition of philosophy" -- Falling in love with the world -- Ontology and desire, or a moving response to skepticism -- Automatism and the declaration of existence in time -- Ethical practices of the ordinary -- Perfectionism as self-disobedience -- Comedy and community -- A digression on difference and interpretation -- Perfectionism's ironic transport -- An elegy for theory. (shrink)

When political philosopher Hannah Arendt introduced the concept of ‘banality of evil’ she did so in reference to the actions of Germans who appropriated the doctrines of National Socialism “thoughtlessly” and without obvious intentions to do evil. But, Arendt’s description of this phenomenon entails that such banality can be found even in a democracy such as the USA. The relation of law and morality must therefore be unambiguous to defend the rule of law against the rule of men. However, a (...) legal philosophy other than positivism is essential to safeguard the Republic against the overreach of executive power. And, where the psychopathology of Donald Trump is at the core of America’s electoral discontent in 2020, as mental health professionals have argued, there is all the more reason to take Arendt’s counsel especially seriously today. It is in this context that it is argued here that the American public must beware Trump’s inducement of America’s banality of evil. (shrink)

Philosopher Martin Heidegger’s writing on the essence of technology has often been seen as too abstract even though he illustrated his concerns with reference to technological developments of his day. While most in the immediate post-World War 2 period judged thermonuclear weaponry to be the most obvious technological threat to the future of humanity, Heidegger instead considered developments in the biological sciences to be more so. In the discussion presented here, Heidegger’s thinking is related to developments in biotechnology, specifically assisted (...) reproductive technology. The task here is (1) to illustrate how Heidegger’s disquiet is manifested in such technologies and (2) to emphasize the significance of his call for a “step back” from the calculative thinking dominant in the natural sciences to what he called, alternately, “essential,” “meditative,” or “commemorative” thinking. Only through this latter mode of thinking can we expect to enter into a “free” relationship to technology. (shrink)

How can one be authentic, except with reference to some dogma? An answer to this query is philosophically important in light of the significance that individuals attach to traditions of thought and practice and to epistemic commitments articulated in the context of the political, which are characterized as ideological appeals. Here the thinking of Martin Heidegger is engaged as a way of evaluating the concept of dogma and the seemingly moral and political relevance of the concept of authenticity. The point (...) of the analysis is to conclude otherwise than is presupposed by the question, i.e., to conclude that one can be authentic without reference to some dogma. (shrink)

In 2003, philosopher Nick Bostrom presented the provocative idea that we are now living in a computer simulation. Although his argument is structured to include a “hypothesis,” it is unclear that his proposition can be accounted as a properly scientific hypothesis. Here Bostrom’s argument is engaged critically by accounting for philosophical and scientific positions that have implications for Bostrom’s principal thesis. These include discussions from Heidegger, Einstein, Heisenberg, Feynman, and Dreyfus that relate to modelling of structures of thinking and computation. (...) In consequence of this accounting, given that there seems to be no reasonably admissible evidence to count for the task of falsification, one concludes that the computer simulation argument’s hypothesis is only speculative and not scientific. (shrink)

Elaborating decolonial and intersectional methods, aesthetics has developed rich tools for tackling power differences. A philosophical question arises about the nature of gendered embodied experience and materiality: How to comprehend the cultural field if it is at once a site of heinous expropriation and violence and one of vital social and political possibility? This essay explores this question through a reading of Claudia Llosa's film The Milk of Sorrow ( La teta asustada ) (2009). The film, we show, reworks racial, (...) gendered, and colonial logics and supplants a model of transculturation, magical realism, and syncretism and its attendant figuration of resistance by a cultural vision of a web of multivalent, pluri-directional aesthetic promises and threats. Thus it presents a young Indigenous woman as a contemporary decolonial actor who, in encounter with popular culture and the global marketplace, renders memory livable and opens up unforeseen futures for her young town and country. We signal the implications for the positioning of the decolonial feminist spectator or culture maker and for a decolonial aesthetics. Aesthetic existence at the intersection of oppression and liberation, although impure and troubled, functions as a bountiful font of feminist energy and sustenance and a site of communal caring and imagination. (shrink)

Introduction In 2013, Dr. J. Muizelaar and Dr. R. Schrot, two neurosurgeons at the University of California Davis Medical Center (UCDMC), were found guilty of research misconduct due to failure to comply with institutional policies as well as Food and Drug Administration (FDA) regulations governing human subjects research. At issue here, however, is the difference between research and innovative therapy in the clinical setting of patient care where clinical judgment is reasonably to be privileged. Methods The UCDMC investigative document is (...) reviewed along with standard literature on clinical ethics and clinical data about glioblastoma multiforme (GBM) cancer. Results In this paper I argue that, by tendentiously focusing on policies, regulations, and procedures governing human subjects research, the UCDMC investigation failed to account for the centrality of clinical judgment and clinical ethics pertinent to judicious review of this matter, especially given the unique clinical context of terminally ill patients having exhausted standard care treatment options for glioblastoma multiforme (GBM) cancer. Conclusions The UCDMC investigation raises serious problems for clinicians who are engaged in innovative therapy in the clinical setting, requiring a regulatory framework separate from the normal Institutional Review Board (IRB) process. (shrink)

Rhetorically charged debates over theory have divided scholars of the humanities for decades. In Elegy for Theory, D. N. Rodowick steps back from well-rehearsed arguments pro and con to assess why theory has become such a deeply contested concept. Far from lobbying for a return to the "high theory" of the 1970s and 1980s, he calls for a vigorous dialogue on what should constitute a new, ethically inflected philosophy of the humanities. Rodowick develops an ambitiously cross-disciplinary critique of theory as (...) an academic discourse, tracing its historical displacements from ancient concepts of theoria through late modern concepts of the aesthetic and into the twentieth century. The genealogy of theory, he argues, is constituted by two main lines of descent—one that goes back to philosophy and the other rooted instead in the history of positivism and the rise of the empirical sciences. Giving literature, philosophy, and aesthetics their due, Rodowick asserts that the mid-twentieth-century rise of theory within the academy cannot be understood apart from the emergence of cinema and visual studies. To ask the question, "What is cinema?" is to also open up in new ways the broader question of what is art. At a moment when university curriculums are everywhere being driven by scientism and market forces, Elegy for Theory advances a rigorous argument for the importance of the arts and humanities as transformative, self-renewing cultural legacies. (shrink)

Personal reflections on the author's life, religion, and the current state of the world.

Clinical psychologists remain puzzled about the diagnostic basis and therapeutic disposition of individuals who present with a clinical profile of psychopathy. Psychopaths have been characterized as lacking in conscience and presenting a mask of sanity, thus differentiating them from psychotics and neurotics. The clinical profile of the psychopathic personality seems at odds with Kant’s moral philosophy, in which Kant characterizes not only the central role of conscience in moral judgment, but in which Kant also insists that every person has a (...) conscience. In this paper the clinical assessments presented by Cleckley and Hare in particular are juxtaposed to Kant’s philosophical position, thereby to gain an understanding what is at the base of the psychopathic personality disorder. The clinical and the moral-philosophical assessments are reconciled, nonetheless leaving the clinical psychologist with the difficult task of therapeutic disposition. (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)