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  1. Gordon Sinclair Jury (1937). Value and Ethical Objectivity: A Study in Ethical Objectivity and the Objectivity of Value. London, G. Allen & Unwin, Ltd..score: 30.0
    November 1936 PREFACE THIS book is, in slightly revised form, a dis sertation presented for the degree of Doctor of Philosophy in Yale University.
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  2. Christian List & Robert E. Goodin (2001). Epistemic Democracy: Generalizing the Condorcet Jury Theorem. Journal of Political Philosophy 9 (3):277–306.score: 18.0
    This paper generalises the classical Condorcet jury theorem from majority voting over two options to plurality voting over multiple options. The paper further discusses the debate between epistemic and procedural democracy and situates its formal results in that debate. The paper finally compares a number of different social choice procedures for many-option choices in terms of their epistemic merits. An appendix explores the implications of some of the present mathematical results for the question of how probable majority cycles (as (...)
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  3. Thom Brooks (2004). A Defence of Jury Nullification. Res Publica 10 (4):401-423.score: 18.0
    In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, (...)
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  4. Jason Brennan (forthcoming). Condorcet's Jury Theorem and the Optimum Number of Voters. Politics.score: 18.0
    Many political theorists and philosophers use Condorcet's Jury Theorem to defend democracy. This paper illustrates an uncomfortable implication of Condorcet's Jury Theorem. Realistically, when the conditions of Condorcet’s Jury Theorem hold, even in very high stakes elections, having more than 100,000 citizens vote does no significant good in securing good political outcomes. On the Condorcet model, unless voters enjoy voting, or unless they produce some other value by voting, then the cost to most voters of voting exceeds (...)
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  5. Thom Brooks (2004). The Right to Trial by Jury. Journal of Applied Philosophy 21 (2):197–212.score: 18.0
    This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are (...)
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  6. Ruth Ben-Yashar (forthcoming). The Generalized Homogeneity Assumption and the Condorcet Jury Theorem. Theory and Decision:1-5.score: 18.0
    The Condorcet jury theorem (CJT) is based on the assumption of homogeneous voters who imperfectly know the correct policy. We reassess the validity of the CJT when voters are homogeneous and each knows the correct decision with an average probability of more than a half.
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  7. Thomas A. Green (2013). The Jury and Criminal Responsibility in Anglo-American History. Criminal Law and Philosophy:1-20.score: 18.0
    Anglo-American theories of criminal responsibility require scholars to grapple with, inter alia, the relationship between the formal rule of law and the powers of the lay jury as well as two inherent ideas of freedom: freedom of the will and political liberty. Here, by way of canvassing my past work and prefiguring future work, I sketch some elements of the history of the Anglo-American jury and offer some glimpses of commentary on the interplay between the jury—particularly its (...)
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  8. Serguei Kaniovski (2010). Aggregation of Correlated Votes and Condorcet's Jury Theorem. Theory and Decision 69 (3):453-468.score: 18.0
    This paper proves two theorems for homogeneous juries that arise from different solutions to the problem of aggregation of dichotomous choice. In the first theorem, negative correlation increases the competence of the jury, while positive correlation has the opposite effect. An enlargement of the jury with positive correlation can be detrimental up to a certain size, beyond which it becomes beneficial. The second theorem finds a family of distributions for which correlation has no effect on a jury’s (...)
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  9. Serguei Kaniovski & Alexander Zaigraev (2011). Optimal Jury Design for Homogeneous Juries with Correlated Votes. Theory and Decision 71 (4):439-459.score: 18.0
    In a homogeneous jury, in which each vote is correct with the same probability, and each pair of votes correlates with the same correlation coefficient, there exists a correlation-robust voting quota, such that the probability of a correct verdict is independent of the correlation coefficient. For positive correlation, an increase in the correlation coefficient decreases the probability of a correct verdict for any voting rule below the correlation-robust quota, and increases that probability for any above the correlation-robust quota. The (...)
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  10. David M. Estlund (1994). Opinion Leaders, Independence, and Condorcet's Jury Theorem. Theory and Decision 36 (2):131-162.score: 15.0
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  11. Franz Dietrich (2008). The Premises of Condorcet's Jury Theorem Are Not Simultaneously Justified. Episteme 5 (1):56-73.score: 12.0
    Condorcet's famous jury theorem reaches an optimistic conclusion on the correctness of majority decisions, based on two controversial premises about voters: they are competent and vote independently, in a technical sense. I carefully analyse these premises and show that: (i) whether a premise is justified depends on the notion of probability considered and (ii) none of the notions renders both premises simultaneously justified. Under the perhaps most interesting notions, the independence assumption should be weakened.
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  12. Jan-Willem Romeijn & David Atkinson (2011). Learning Juror Competence: A Generalized Condorcet Jury Theorem. Politics, Philosophy and Economics 10 (3):237-262.score: 12.0
    This article presents a generalization of the Condorcet Jury Theorem. All results to date assume a fixed value for the competence of jurors, or alternatively, a fixed probability distribution over the possible competences of jurors. In this article, we develop the idea that we can learn the competence of the jurors by the jury vote. We assume a uniform prior probability assignment over the competence parameter, and we adapt this assignment in the light of the jury vote. (...)
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  13. Paul Robertshaw (2000). The Jury Between the Civil and the Criminal Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 13 (3):251-278.score: 12.0
    This article comprises two case studies of a ``problem'' within the Anglo-Welsh legal process of jury trial. In that tradition, the judge not only instructs on the law to be applied by the jury, s/he also ``summarises'' the evidence after counsel have already done so. This summarising is largely unconstrained by appellate control. The ``problem'' that the two cases present is that they were trials of ``civil'' issues in which the subject matter is also categorised as ``criminal''. Where (...)
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  14. Franz Dietrich & Christian List (2004). A Model of Jury Decisions Where All Jurors Have the Same Evidence. Synthese 142 (2):175 - 202.score: 12.0
    Under the independence and competence assumptions of Condorcet’s classical jury model, the probability of a correct majority decision converges to certainty as the jury size increases, a seemingly unrealistic result. Using Bayesian networks, we argue that the model’s independence assumption requires that the state of the world (guilty or not guilty) is the latest common cause of all jurors’ votes. But often – arguably in all courtroom cases and in many expert panels – the latest such common cause (...)
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  15. Douglas W. Maynard & John F. Manzo (1993). On the Sociology of Justice: Theoretical Notes From an Actual Jury Deliberation. Sociological Theory 11 (2):171-193.score: 12.0
    Despite the venerable place that "justice" occupies in social scientific theory and research, little effort has been made to see how members of society themselves define and use the concept when confronted with determining "what has happened" in some social arena, theorizing about why it happened, and deciding what should ensue. We take an ethnomethodological approach to justice, attempting to recover it as a feature of practical activity or a "phenomenon of order." Our analysis involves an actual videotaped jury (...)
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  16. Christian List, Some Remarks on the Probability of Cycles - Appendix 3 to 'Epistemic Democracy: Generalizing the Condorcet Jury Theorem'.score: 12.0
    This item was published as 'Appendix 3: An Implication of the k-option Condorcet jury mechanism for the probability of cycles' in List and Goodin (2001) http://eprints.lse.ac.uk/705/. Standard results suggest that the probability of cycles should increase as the number of options increases and also as the number of individuals increases. These results are, however, premised on a so-called "impartial culture" assumption: any logically possible preference ordering is assumed to be as likely to be held by an individual as any (...)
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  17. Lucinda Vandervort (2005). The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4). Criminal Law Quarterly 50 (4):441-452.score: 12.0
    The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...)
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  18. Franz Dietrich & Kai Spiekermann (2013). Independent Opinions? On the Causal Foundations of Belief Formation and Jury Theorems. Mind 122 (487):fzt074.score: 12.0
    It is often claimed that opinions are more likely to be correct if they are held independently by many individuals. But what does it mean to hold independent opinions? To clarify this condition, we distinguish four notions of probabilistic opinion independence. Which notion applies depends on environmental factors such as commonly perceived evidence. More formally, it depends on the causal network that determines how people interact and form their opinions. In a general theorem, we identify conditions on this network that (...)
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  19. Jason Wyckoff (2011). Rousseau's General Will and the Condorcet Jury Theorem. History of Political Thought 32 (1):49-62.score: 12.0
    In The Social Contract, Rousseau asserts his infallibility thesis: that the general will can never err, and that one's position in the minority indicates that what one took the general will to be was not actually so. Several theorists have argued that the Condorcet Jury Theorem, which states that in a sufficiently large group the majority opinion on a yes/no question is highly likely to be correct, provides a way to interpret and justify Rousseau's bold claim. I argue that (...)
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  20. Robert A. Sedler, The Michigan Supreme Court Diminishes the Right to Trial by Jury in Civil Cases.score: 12.0
    In this paper, I have analyzed the right to trial by jury in civil cases as reflected in decisions of the Michigan Supreme Court over approximately a 20 year period dealing with three areas affecting the right to trial by jury in civil cases: (1) entitlement to a jury trial; (2) summary disposition; and (3) directed verdicts. The study was constructed to cover cases over a substantial period of time, so that it would be possible to analyze (...)
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  21. Albert W. Dzur (2010). Democracy's "Free School": Tocqueville and Lieber on the Value of the Jury. Political Theory 38 (5):603 - 630.score: 12.0
    This essay discusses the jury's value in American democracy by examining Alexis de Tocqueville's analysis of the jury as a free school for the public. His account of jury socialization, which stressed lay deference to judges and trust in professional knowledge, was one side of a complex set of ideas about trust and authority in American political thought. Tocqueville's contemporary Francis Lieber held juries to have important competencies and to be ambivalent rather than deferential regarding court professionals. (...)
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  22. Albert W. Dzur (2012). Punishment, Participatory Democracy, and the Jury. Oup Usa.score: 12.0
    Focusing democratic theory on the pressing issue of punishment, Punishment, Participatory Democracy, and the Jury argues for participatory institutional designs as antidotes to the American penal state. Citizen action in institutions like the jury and restorative justice programs can foster the attunement, reflectiveness, and full-bodied communication needed as foundations for widespread civic responsibility for criminal justice.
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  23. Brenner M. Fissell (2013). Jury Nullification and the Rule of Law. Legal Theory 19 (3):217-241.score: 12.0
    Despite an intractable judiciary, there is widespread consensus within the legal academy that jury nullification is compatible with the rule of law. This proposition is most strongly tested by where a jury nullifies simply because it disagrees with the law itself. While some substantive nullifications can comport with the rule of law, most commentatorsjustice,vely undifferentiated view of a morality (even though jurisdictional and vicinage morality can diverge). In doing so, a healthy vision of antityrannical nullifications is presented, but (...)
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  24. J. Forsemalm (2014). Consolidated Youth Jury: Alcohol Prevention for Young People From Matters of Fact to Matters of Concern. A Swedish Case Report. Public Health Ethics 7 (1):17-20.score: 12.0
    In the course of a project on European policy on media and alcohol, a series of structured deliberative discussion sessions with young people (aged 13–25 years) in Sweden were arranged, where young people could communicate and exchange ideas about risks and policy issues connected to alcohol consumption and drinking, as presented in fictional media. The objective was to understand how risks and knowledge about alcohol consumption is acquired by young people and ‘uploaded’ to peers. The discussion sessions applied adapted variants (...)
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  25. Marco Goldoni (2012). At the Origins of Constitutional Review: Sieyès' Constitutional Jury and the Taming of Constituent Power. Oxford Journal of Legal Studies 32 (2):211-234.score: 12.0
    Even though he is mainly known for his concept of constituent power, Sieyès was one of the first constitutional theorists to ask for a guardian of the constitution which closely resembles contemporary constitutional courts. This article reconstructs the main tenets of his proposal, puts them in the larger context of his constitutional theory and then assesses the constitutional nature and functions of this institution. The judgment is mixed: as an organ, Sieyès’ constitutional jury is a hybrid institution, neither a (...)
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  26. Annabelle Lever (2011). Treating People as Equals: Ethical Objections to Racial Profiling and the Composition of Juries. [REVIEW] Journal of Ethics 15 (1/2):61 - 78.score: 12.0
    This paper shows that the problem of treating people as equals in a world marked by deep-seated and, often, recalcitrant inequalities has implications for the way we approach the provision of security and justice. On the one hand, it means that racial profiling will generally be unjustified even when it might promote collective interests in security, on the other, it means that we should strive to create racially mixed juries, even in cases where defendant and alleged-victim are of the same (...)
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  27. Alexander Zaigraev & Serguei Kaniovski (2012). Bounds on the Competence of a Homogeneous Jury. Theory and Decision 72 (1):89-112.score: 12.0
    In a homogeneous jury, the votes are exchangeable correlated Bernoulli random variables. We derive the bounds on a homogeneous jury’s competence as the minimum and maximum probability of the jury being correct, which arise due to unknown correlations among the votes. The lower bound delineates the downside risk associated with entrusting decisions to the jury. In large and not-too-competent juries the lower bound may fall below the success probability of a fair coin flip—one half, while the (...)
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  28. Luc Bovens & Wlodek Rabinowicz (2004). Voting Procedures for Complex Collective Decisions. An Epistemic Perspective. Ratio Juris 17 (2):241-258.score: 10.0
    Suppose a committee or a jury confronts a complex question, the answer to which requires attending to several sub-questions. Two different voting procedures can be used. On one, the committee members vote on each sub-question and the voting results are used as premises for the committee’s conclusion on the main issue. This premise-based procedure can be contrasted with the conclusion-based approach, which requires the members to directly vote on the conclusion, with the vote of each member being guided by (...)
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  29. Jennifer S. Trueblood & Jerome R. Busemeyer (2011). A Quantum Probability Account of Order Effects in Inference. Cognitive Science 35 (8):1518-1552.score: 9.0
    Order of information plays a crucial role in the process of updating beliefs across time. In fact, the presence of order effects makes a classical or Bayesian approach to inference difficult. As a result, the existing models of inference, such as the belief-adjustment model, merely provide an ad hoc explanation for these effects. We postulate a quantum inference model for order effects based on the axiomatic principles of quantum probability theory. The quantum inference model explains order effects by transforming a (...)
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  30. Armin W. Schulz (2009). Condorcet and Communitarianism: Boghossian's Fallacious Inference. Synthese 166 (1):55 - 68.score: 9.0
    This paper defends the communitarian account of meaning against Boghossian’s (Wittgensteinian) arguments. Boghossian argues that whilst such an account might be able to accommodate the infinitary characteristic of meaning, it cannot account for its normativity: he claims that, since the dispositions of a group must mirror those of its members, the former cannot be used to evaluate the latter. However, as this paper aims to make clear, this reasoning is fallacious. Modelling the issue with four (justifiable) assumptions, it shows that (...)
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  31. Robert S. Summers (1999). Formal Legal Truth and Substantive Truth in Judicial Fact-Finding -- Their Justified Divergence in Some Particular Cases. Law and Philosophy 18 (5):497 - 511.score: 9.0
    Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.
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  32. M. F. Burnyeat & Jonathan Barnes (1980). Socrates and the Jury: Paradoxes in Plato's Distinction Between Knowledge and True Belief. Aristotelian Society Supplementary Volume 54:173 - 206.score: 9.0
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  33. Jeffrey Abramson (1993). The Jury and Democratic Theory. Journal of Political Philosophy 1 (1):45-68.score: 9.0
  34. Albert W. Dzur (2011). “Why American Democracy Needs the Jury Trial”. Criminal Law and Philosophy 5 (1):87-92.score: 9.0
  35. Christopher Thompson (2013). A General Model of a Group Search Procedure, Applied to Epistemic Democracy. Synthese 190 (7):1233-1252.score: 9.0
    The standard epistemic justification for inclusiveness in political decision making is the Condorcet Jury Theorem, which states that the probability of a correct decision using majority rule increases in group size (given certain assumptions). Informally, majority rule acts as a mechanism to pool the information contained in the judgements of individual agents. I aim to extend the explanation of how groups of political agents track the truth. Before agents can pool the information, they first need to find truth-conducive information. (...)
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  36. Atkinson, D. & Romeijn, J.-W., A Condorcet Jury Theorem for Unknown Juror Competence.score: 9.0
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  37. Annabelle Lever, Racial Profiling and Jury Trials.score: 9.0
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  38. Christian List (2004). On the Significance of the Absolute Margin. British Journal for the Philosophy of Science 55 (3):521-544.score: 9.0
    that a defendant is guilty (a patient has condition C), and the evidence E that a majority of h out of n independent jurors (diagnostic tests) have voted for H, and a minority of k n – h against H. How likely is the majority verdict to be correct? By Condorcet's formula, the probability that H is true given E depends only on each juror's competence and on the absolute margin between the majority and the minority h – k, but (...)
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  39. M. B. E. Smith (2005). Commentary: How Much Should Lawyers Know When Picking a Jury? Criminal Justice Ethics 24 (2):2-54.score: 9.0
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  40. Robert P. Burns (2011). Why America Still Needs the Jury Trial: A Friendly Response to Professor Dzur. [REVIEW] Criminal Law and Philosophy 5 (1):93-95.score: 9.0
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  41. G. Marshall (1999). Provisional Concepts and Definitions of Fact. Law and Philosophy 18 (5):447-460.score: 9.0
    The paper explains and differentiates the concept of `fact' in the legal setting. Fact and evidence, fact/falsity distinguished; fact and law considered -- a real difference or a pragmatic device? Questions of fact and degree considered, in themselves and in the context of jury trial and of appeals. Primary fact, factual inferences from primary fact, questions of classification of fact are considered. Whether inference is supported by evidence, and whether classification is correct may be questions of law. Issues of (...)
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  42. James McBain (2007). Epistemological Expertise and the Problem of Epistemic Assessment. Philosophy in the Contemporary World 14 (1):125-133.score: 9.0
    How do laypeople sitting on a jury make determinations of expertise? How, if at all, can laypersons epistemically assess the expertise of an expert or rival experts? Given that the domains of expertise are quite technical, if laypersons are to adjudicate the various proposed and often conflicting claims of experts, they must be able to determine the reliability of the experts as well as the truth of their claims. One way to address these concems is to say that the (...)
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  43. Shima Baradaran (forthcoming). The Presumption of Punishment. Criminal Law and Philosophy:1-16.score: 9.0
    The presumption of innocence undergirds the American criminal justice system. It is so fundamental that it is derived from the concepts of due process and the importance of a fair trial. An informed, historical understanding of the interaction between the presumption of innocence and key tenets of due process can help clarify the meaning and application of the presumption of innocence in the modern day. Due process, as developed throughout English and US. Colonial history leading up to the formation of (...)
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  44. Edna F. Einsiedel & Heather Ross (2002). Animal Spare Parts? A Canadian Public Consultation on Xenotransplantation. Science and Engineering Ethics 8 (4):579-591.score: 9.0
    Xenotransplantation, or the use of animal cells, tissues and organs for humans, has been promoted as an important solution to the worldwide shortage of organs. While scientific studies continue to be done to address problems of rejection and the possibility of animal-to-human virus transfer, socio-ethical and legal questions have also been raised around informed consent, life-long monitoring, animal welfare and animal rights, and appropriate regulatory practices. Many calls have also been made to consult publics before policy decisions are made. This (...)
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  45. James P. Levine (1997). Review Essay/Jury Wisdom. Criminal Justice Ethics 16 (1):49-56.score: 9.0
    Norman J. Finkel, Commonsense Justice: Jurors? Notions of the Law Cambridge, MA: Harvard University Press, 1995, 390pp.
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  46. Robin Waterfield (1997). A.L. Bonnette (Tr.): Xenophon: Memorabilia. Translated and Annotated with an Introduction by C. Bruell. Pp. Xxviii + 171. Ithaca, NY and London: Cornell University Press, 1994.R. C. Bartlett (Ed.): Xenophon: The Shorter Socratic Writings: Apology of Socrates to the Jury, Oeconomicus, and Symposium. Translations, with Interpretive Essays and Notes. Pp. X + 201. Ithaca, NY and London: Cornell University Press, 1996. Cased. £23.50. ISBN: 0-8014-3214-6. [REVIEW] The Classical Review 47 (02):416-417.score: 9.0
  47. Matthew Morton (2000). Product Liability: Florida Jury Finds That Cigarettes Caused Smoker's Disease. Journal of Law, Medicine and Ethics 28 (2):197-197.score: 9.0
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  48. Huma Shah & Kevin Warwick (2010). Testing Turing's Parallel-Paired Imitation Game. Kybernetes 39 (3).score: 9.0
    The purpose of this paper is to consider Turing's two tests for machine intelligence: the parallel-paired, three-participants game presented in his 1950 paper, and the “jury-service” one-to-one measure described two years later in a radio broadcast. Both versions were instantiated in practical Turing tests during the 18th Loebner Prize for artificial intelligence hosted at the University of Reading, UK, in October 2008. This involved jury-service tests in the preliminary phase and parallel-paired in the final phase.
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  49. W. D. Ross (1938). Value and Ethical Objectivity: A Study in Ethical Objectivity and the Objectivi of Value. By Gordon S. Jury. (London: George Allen & Unwin, Ltd., 1937. Pp. 258. Price 7s. 6d.). [REVIEW] Philosophy 13 (49):105-.score: 9.0
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  50. J. K. Anderson (1969). Anna S. Benjamin: Xenophon: Recollections of Socrates and Socrates' Defense Before the Jury. Pp. Xxv+157. Indianapolis: Bobbs-Merrill Co., Inc., 1965. Paper. [REVIEW] The Classical Review 19 (01):102-103.score: 9.0
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