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.

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)

Sam Harris (2010) argues that, given our neurology, we can experience well-being, and that seeking to maximize this state lets us distinguish the good from the bad. He takes our ability to compare degrees of well-being as his starting point, but I think that the analysis can be pushed further, since there is a (non-religious) reason why well-being is desirable, namely the finite life of an individual organism. It is because death is a constant possibility that things can be assessed (...) as “for” or “against” one (Champagne 2011a; Smith 2000). Such an account lets us objectively adjudicate moral questions, as Harris desires. However, by anchoring itself in the mortal body as a whole and not just the brain, such an account dampens the claim that neuroscience would have all the answers. Moreover, it pivots on an affirmation of one’s life that can seem mysterious by regular scientific standards. This chapter thus explains why the trade-off is worthwhile. (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)

What is structural rationality? Specifically, what is the distinctive feature of structural requirements of rationality? Some philosophers have argued, roughly, that the distinctive feature of structural requirements is coherence. But what does coherence mean, exactly? Or, at least, what do structuralists about rationality have in mind when they claim that structural rationality is coherence? This issue matters for making progress in various active debates concerning rationality. In this paper, I analyze three strategies for figuring out what coherence means in the (...) debates on structural rationality. I argue that these strategies face problems. (shrink)

In this essay I argue that many nonhuman animal beings are conscious and have some sense of self. Rather than ask whether they are conscious, I adopt an evolutionary perspective and ask why consciousness and a sense of self evolved---what are they good for? Comparative studies of animal cognition, ethological investigations that explore what it is like to be a certain animal, are useful for answering this question. Charles Darwin argued that the differences in cognitive abilities and emotions among animals (...) are differences in degree rather than differences in kind, and his view cautions against the unyielding claim that humans, and perhaps other great apes and cetaceans, are the only species in which a sense of self-awareness has evolved. I conclude that there are degrees of consciousness and self among animals and that it is likely that no animal has the same highly developed sense of self as that displayed by most humans. Many animals have a sense of “body-ness‘ or “mine-ness‘ but not a sense of “I-ness.‘ Darwin’s ideas about evolutionary continuity, together with empirical data (“science sense‘) and common sense, will help us learn more about consciousness and self in animals. Answers to challenging questions about animal self-awareness have wide-ranging significance, because they are often used as the litmus test for determining and defending the sorts of treatments to which animals can be morally subjected. (shrink)

What is the place of coherence, or structural rationality, in good first-personal deliberation? According to Kolodny (2005), considerations of coherence are irrelevant to good first-personal deliberation. When we deliberate, we should merely care about the reasons or evidence we have for our attitudes. So, considerations of coherence should not show up in deliberation. In response to this argument, Worsnip (2021) argues that considerations of coherence matter for how we structure deliberation. For him, we should treat incoherent combinations of attitudes as (...) off-limits in deliberation. Some important questions are left unanswered by both camps. What do we mean by considerations of coherence “showing up” in first-personal deliberation? How do we interpret the divide between reasons-responsiveness and coherence? How should we interpret cases in which considerations of coherence interact with other norms or requirements? In this paper, I show how Haack’s (1993) crossword puzzle analogy sheds light on these questions. Also, the crossword puzzle analogy allows us to evaluate Kolodny’s objection and identify promising avenues for future research. (shrink)

Crise de l'art ou consensus culturel? Aujourd'hui, l'important n'est plus, semble-t-il, que la critique esthetique ait encore a dire sur Josef Beuys mais que le Centre Pompidou puisse faire croire qu'il dit tout de lui. Le culturel, dans son mecanisme institutionnel et mediatique bien huile, apparait comme l'ultime parade que l'ordre social ait su trouver pour conjurer sa peur - ou sa haine - de l'art. Cependant la critique n'a pas a se laisser abuser ni intimider par l'artifice du consensus (...) culturel qui regne actuellement. Il lui revient de continuer a evaluer les oeuvres, pour autant que le jugement sur l'art engage aussi la societe et l'epoque dans lesquelles cet art se deploie. La reflexion esthetique ne se reduit pas au jugement de gout, elle commence avec lui et se poursuit apres lui. (shrink)

Scientists have long counseled against interpreting animal behavior in terms of human emotions, warning that such anthropomorphizing limits our ability to understand animals as they really are. Yet what are we to make of a female gorilla in a German zoo who spent days mourning the death of her baby? Or a wild female elephant who cared for a younger one after she was injured by a rambunctious teenage male? Or a rat who refused to push a lever for food (...) when he saw that doing so caused another rat to be shocked? Aren’t these clear signs that animals have recognizable emotions and moral intelligence? With _Wild Justice_ Marc Bekoff and Jessica Pierce unequivocally answer yes. Marrying years of behavioral and cognitive research with compelling and moving anecdotes, Bekoff and Pierce reveal that animals exhibit a broad repertoire of moral behaviors, including fairness, empathy, trust, and reciprocity. Underlying these behaviors is a complex and nuanced range of emotions, backed by a high degree of intelligence and surprising behavioral flexibility. Animals, in short, are incredibly adept social beings, relying on rules of conduct to navigate intricate social networks that are essential to their survival. Ultimately, Bekoff and Pierce draw the astonishing conclusion that there is no moral gap between humans and other species: morality is an evolved trait that we unquestionably share with other social mammals. Sure to be controversial, _Wild Justice_ offers not just cutting-edge science, but a provocative call to rethink our relationship with—and our responsibilities toward—our fellow animals. (shrink)

In this essay I argue that many nonhuman animal beings are conscious and have some sense of self. Rather than ask whether they are conscious, I adopt an evolutionary perspective and ask why consciousness and a sense of self evolved—what are they good for? Comparative studies of animal cognition, ethological investigations that explore what it is like to be a certain animal, are useful for answering this question. Charles Darwin argued that the differences in cognitive abilities and emotions among animals (...) are differences in degree rather than differences in kind, and his view cautions against the unyielding claim that humans, and perhaps other great apes and cetaceans, are the only species in which a sense of self-awareness has evolved. I conclude that there are degrees of consciousness and self among animals and that it is likely that no animal has the same highly developed sense of self as that displayed by most humans. Many animals have a sense of “body-ness” or “mine-ness” but not a sense of “I-ness.” Darwin's ideas about evolutionary continuity, together with empirical data (“science sense”) and common sense, will help us learn more about consciousness and self in animals. Answers to challenging questions about animal self-awareness have wide-ranging significance, because they are often used as the litmus test for determining and defending the sorts of treatments to which animals can be morally subjected. (shrink)

Alexander Pho and Benjamin A. White respond to Nicolas Dixon’s critique of mixed martial arts (MMA) through a ‘companions in innocence’ argument. Taking up a counterexample that Dixon is quick to dismiss, the authors argue that MMA techniques are on a par with the ‘pain-leveraging’ tactics used by cyclists and that pressing for a moral distinction between cycling and MMA leads to absurd conclusions about other practices. So, because cycling is morally permissible, MMA is morally permissible. This companions in innocence (...) argument fails. But cycling can be used to develop a better, though only partial, defense of MMA. (shrink)

It is often thought that consciousness has a qualitative dimension that cannot be tracked by science. Recently, however, some philosophers have argued that this worry stems not from an elusive feature of the mind, but from the special nature of the concepts used to describe conscious states. Marc Champagne draws on the neglected branch of philosophy of signs or semiotics to develop a new take on this strategy. The term “semiotics” was introduced by John Locke in the modern period (...) – its etymology is ancient Greek, and its theoretical underpinnings are medieval. Charles Sanders Peirce made major advances in semiotics, so he can act as a pipeline for these forgotten ideas. Most philosophers know Peirce as the founder of American pragmatism, but few know that he also coined the term “qualia,” which is meant to capture the intrinsic feel of an experience. Since pragmatic verification and qualia are now seen as conflicting commitments, Champagne endeavors to understand how Peirce could (or thought he could) have it both ways. The key, he suggests, is to understand how humans can insert distinctions between features that are always bound. Recent attempts to take qualities seriously have resulted in versions of panpsychism, but Champagne outlines a more plausible way to achieve this. So, while semiotics has until now been the least known branch of philosophy ending in –ics, his book shows how a better understanding of that branch can move one of the liveliest debates in philosophy forward. (shrink)

Esquisses, plans, documents et photographies présentent l'exposition en cours de construction. Un texte explicatif donne les principales clés de lecture du poème de Rimbaud "Après le déluge", extrait des "Illuminations", et de la scénographie adoptée pour le mettre en scène.

Vindicating the claim that agents ought to be consistent has proved to be a difficult task. Recently, some have argued that we can use accuracy-dominance arguments to vindicate the normativity of such requirements. But what do these arguments prove, exactly? In this paper, I argue that we can make a distinction between two theses on the normativity of consistency: the view that one ought to be consistent and the view that one ought to avoid being inconsistent. I argue that accuracy-dominance (...) arguments for consistency support the latter view, but not necessarily the former. I also argue that the distinction between these two theses matters in the debate on the normativity of epistemic rationality. Specifically, the distinction suggests that there are interesting alternatives to vindicating the strong claim that one ought to be consistent. (shrink)

Informational theories of semantic content have been recently gaining prominence in the debate on the notion of mental representation. In this paper we examine new-wave informational theories which have a special focus on cognitive science. In particular, we argue that these theories face four important difficulties: they do not fully solve the problem of error, fall prey to the wrong distality attribution problem, have serious difficulties accounting for ambiguous and redundant representations and fail to deliver a metasemantic theory of representation. (...) Furthermore, we argue that these difficulties derive from their exclusive reliance on the notion of information, so we suggest that pure informational accounts should be complemented with functional approaches. (shrink)

The idea that only complex brains can possess genuine representations is an important element in mainstream philosophical thinking. An alternative view, which I label ‘liberal representationalism’, holds that we should accept the existence of many more full-blown representations, from activity in retinal ganglion cells to the neural states produced by innate releasing mechanisms in cognitively unsophisticated organisms. A promising way of supporting liberal representationalism is to show it to be a consequence of our best naturalistic theories of representation. However, several (...) philosophers and scientists have recently argued against this strategy. In the paper I counter these objections in defense of liberal representationalism. (shrink)

The received view holds that there is a significant divide between full-blown representational states and so called ‘detectors’, which are mechanisms set off by specific stimuli that trigger a particular effect. The main goal of this paper is to defend the idea that many detectors are genuine representations, a view that I call ‘Strong Liberal Representationalism’. More precisely, I argue that ascribing semantic properties to them contributes to an explanation of behavior, guides research in useful ways and can accommodate misrepresentation.

The fifty-seven original essays in this book provide a comprehensive overview of the interdisciplinary field of animal cognition.

The debate on the notion of function has been historically dominated by dispositional and etiological accounts, but recently a third contender has gained prominence: the organizational account. This original theory of function is intended to offer an alternative account based on the notion of self-maintaining system. However, there is a set of cases where organizational accounts seem to generate counterintuitive results. These cases involve cross-generational traits, that is, traits that do not contribute in any relevant way to the self-maintenance of (...) the organism carrying them, but instead have very important effects on organisms that belong to the next generation. We argue that any plausible solution to the problem of cross-generational traits shows that the organizational account just is a version of the etiological theory and, furthermore, that it does not provide any substantive advantage over standard etiological theories of function. (shrink)

The goal of this essay is to put forward an original theory of artifact function, which takes on board the results of the debate on the notion of biological function and also accommodates the distinctive aspects of artifacts. More precisely, the paper develops and defends the Dual-Aspect Theory, which is a monist account according to which an artifact’s function depends on intentional and reproductive aspects. It is argued that this approach meets a set of theoretical and meta-theoretical desiderata and is (...) superior to alternative views. (shrink)

Policy-makers must sometimes choose between an alternative which has somewhat lower expected value for each person, but which will substantially improve the outcomes of the worst off, or an alternative which has somewhat higher expected value for each person, but which will leave those who end up worst off substantially less well off. The popular ex ante Pareto principle requires the choice of the alternative with higher expected utility for each. We argue that ex ante Pareto ought to be rejected (...) because it conflicts with the requirement that, when possible, one ought to decide as one would with full information. We apply our argument in an analysis of US policy on screening for breast cancer. -/- . (shrink)

The indeterminacy problem is one of the most prominent objections against naturalistic theories of content. In this essay I present this difficulty and argue that extant accounts are unable to solve it. Then, I develop a particular version of teleosemantics, which I call ’explanation-based teleosemantics’, and show how this outstanding problem can be addressed within the framework of a powerful naturalistic theory.

Epistemically immodest agents take their own epistemic standards to be among the most truth-conducive ones available to them. Many philosophers have argued that immodesty is epistemically required of agents, notably because being modest entails a problematic kind of incoherence or self-distrust. In this paper, I argue that modesty is epistemically permitted in some social contexts. I focus on social contexts where agents with limited cognitive capacities cooperate with each other (like juries).

Naturalistic theories of representation seek to specify the conditions that must be met for an entity to represent another entity. Although these approaches have been relatively successful in certain areas, such as communication theory or genetics, many doubt that they can be employed to naturalize complex cognitive representations. In this essay I identify some of the difficulties for developing a teleosemantic theory of cognitive representations and provide a strategy for accommodating them: to look into models of signaling in evolutionary game (...) theory. I show how these models can be used to formulate teleosemantics and expand it in new directions. (shrink)

Sparrow argues that military robots capable of making their own decisions would be independent enough to allow us denial for their actions, yet too unlike us to be the targets of meaningful blame or praise—thereby fostering what Matthias has dubbed “the responsibility gap.” We agree with Sparrow that someone must be held responsible for all actions taken in a military conflict. That said, we think Sparrow overlooks the possibility of what we term “blank check” responsibility: A person of sufficiently high (...) standing could accept responsibility for the actions of autonomous robotic devices—even if that person could not be causally linked to those actions besides this prior agreement. The basic intuition behind our proposal is that humans can impute relations even when no other form of contact can be established. The missed alternative we want to highlight, then, would consist in an exchange: Social prestige in the occupation of a given office would come at the price of signing away part of one's freedoms to a contingent and unpredictable future guided by another agency. (shrink)

" Le livre de Marc-François Bernier est un excellent rappel des valeurs nécessaires pour défendre, et valoriser, les journalistes dans une perspective occidentale ".

Genocide is a matter of law. It is also a matter of history. Engaging some of the most disturbing responses to the Armenian genocide, Marc Nichanian strikingly reveals the complex role played by law and history in making this and other genocides endure as contentious events. Nichanian's book argues that both law and history fail to contend with the very nature of events for which there is no archive (no documents, no witnesses). Both history and law fail to address (...) the modern reality that events can be—and are now being—perpetrated that _depend_ upon the destruction of the archive, turning monstrous deeds into nonevents. Genocide, this book makes us see, is in one sense the _destruction_ of the archive. It relies on the historiographic perversion. (shrink)

Historians occasionally use timelines, but many seem to regard such signs merely as ways of visually summarizing results that are presumably better expressed in prose. Challenging this language-centered view, I suggest that timelines might assist the generation of novel historical insights. To show this, I begin by looking at studies confirming the cognitive benefits of diagrams like timelines. I then try to survey the remarkable diversity of timelines by analyzing actual examples. Finally, having conveyed this (mostly untapped) potential, I argue (...) that neglecting timelines might mean neglecting significant aspects of reality that are revealed only by those signs. My overall message is that once we accept that relations are as important for the mind as what they relate, we have to pay closer attention to any semiotic device that enables or facilitates the discernment of new relations. (shrink)

Street’s (Philos Stud 127(1):109–166, 2006) Darwinian Dilemma purports to show that evolutionary considerations are in tension with realist theories of value, which include moral realism. According to this argument, moral realism can only be defended by assuming an implausible tracking relation between moral attitudes and moral facts. In this essay, I argue that this tracking relation is not as implausible as most people have assumed by showing that the three main objections against it are flawed. Since this is a key (...) premise in the reasoning, I conclude that the Darwinian Dilemma against moral realism can be resisted. (shrink)

Deception has recently received a significant amount of attention. One of main reasons is that it lies at the intersection of various areas of research, such as the evolution of cooperation, animal communication, ethics or epistemology. This essay focuses on the biological approach to deception and argues that standard definitions put forward by most biologists and philosophers are inadequate. We provide a functional account of deception which solves the problems of extant accounts in virtue of two characteristics: deceptive states have (...) the function of causing a misinformative states and they do not necessarily provide direct benefits to the deceivers and losses to the targets. (shrink)

Is epistemic inconsistency a mere symptom of having violated other requirements of rationality—notably, reasons-responsiveness requirements? Or is inconsistency irrational on its own? This question has important implications for the debate on the normativity of epistemic rationality. In this paper, I defend a new account of the explanatory role of the requirement of epistemic consistency. Roughly, I will argue that, in cases where an epistemically rational agent is permitted to believe P and also permitted to disbelieve P, the consistency requirement plays (...) a distinct explanatory role. I will also argue that such a type of permissiveness is a live possibility when it comes to rational epistemic standards. (shrink)

Beginnings and the hyperthematic structures of game and narrative -- Hyperthematic structures of dance and music -- Hyperthematic expansion of light and color -- The hyperthematic structure of visual arts -- Hyperthematization of the corporation -- Expansive reconstruction of H5 to H15 -- Expansive reconstruction of the hyperthemes of light and color -- Expansive reconstruction of the hyperthemes of the visual arts.