This is the first book to systematically examine the underlying theory of evidence in Anglo-American legal systems. Stein develops a detailed and innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy, he argues instead that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty.

Ruba and Repacholi review an important debate in the emotion development literature: whether infants can perceive and understand facial configurations as instances of discrete emotion catego...

Sound moves us. Nowhere is this more apparent than in our responses to genuine emotional vocalizations, be they heartfelt distress cries or raucous laughter. Here, we present perceptual ratings and a description of a freely available, large database of natural affective vocal sounds from human infants, adults and domestic animals, the Oxford Vocal (OxVoc) Sounds database. This database consists of 173 non-verbal sounds expressing a range of happy, sad, and neutral emotional states. Ratings are presented for the sounds on a (...) range of dimensions from a number of independent participant samples. Perceptions related to valence, including distress, vocalizer mood, and listener mood are presented in Study 1. Perceptions of the arousal of the sound, listener motivation to respond and valence (positive, negative) are presented in Study 2. Perceptions of the emotional content of the stimuli in both Study 1 and 2 were consistent with the predefined categories (e.g., laugh stimuli perceived as positive). While the adult vocalizations received more extreme valence ratings, rated motivation to respond to the sounds was highest for the infant sounds. The major advantages of this database are the inclusion of vocalizations from naturalistic situations, which represent genuine expressions of emotion, and the inclusion of vocalizations from animals and infants, providing comparison stimuli for use in cross-species and developmental studies. The associated website provides a detailed description of the physical properties of each sound stimulus along with cross-category descriptions. (shrink)

The shortage of organs for transplantation by its nature prompts ethical dilemmas. For example, although there is an imperative to save human life and reduce suffering by maximising the supply of vital organs, there is an equally important obligation to ensure that the process by which we increase the supply respects the rights of all stakeholders. In a relatively unexamined practice in the USA, organs are procured from unrepresented decedents without their express consent. Unrepresented decedents have no known healthcare wishes (...) or advance care planning document; they also lack a surrogate. The Revised Uniform Anatomical Gift Act of 2006 sends a mixed message about the procurement of organs from this patient population and there are hospitals that authorise donation. In addition, in adopting the RUAGA, some states included provisions that clearly allow organ procurement from unrepresented decedents. An important unanswered question is whether this practice meets the canons of ethical permissibility. The current Brief Report presents two principled approaches to the topic as a way of highlighting some of the complexities involved. Concluding remarks offer suggestions for future research and discussion. (shrink)

What are the sources of continuing antipathy toward homosexuality, and what might they tell us about changing forms of American masculinity? This article documents some emergent homophobias circulating among conservative activists in relation to campaigns against gay rights in the early 1990s and against gay marriage in 2004. As feminist critiques of traditional masculinity make their way into conservative rhetoric and as men struggle to define a role that maintains male authority without sounding overly authoritarian, new forms of homophobia have (...) emerged that are compatible with conservatives’ quest to be seen as compassionate protectors of the family. (shrink)

This chapter contains section titled: The Conservative Challenge Trouble in Timbertown The Progressive Response Toward a New Language of Sexual Difference.

Preparing the Next Generation of Oral Historians is an invaluable resource to educators seeking to bring history alive for students at all levels. Filled with insightful reflections on teaching oral history, it offers practical suggestions for educators seeking to create curricula, engage students, gather community support, and meet educational standards. By the close of the book, readers will be able to successfully incorporate oral history projects in their own classrooms.

"Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the (...) best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law"-- from publisher's website. (shrink)

"The thesis is radical," writes Marshall Sahlins of this landmark text in anthropology and political science. "We conventionally define the state as the regulation of violence; it may be the origin of it. Clastres's thesis is that economic expropriation and political coercion are inconsistent with the character of tribal society - which is to say, with the greater part of human history."Can there be a society that is not divided into oppressors and oppressed, or that refuses coercive state apparatuses? In (...) this beautifully written book, Pierre Clastres offers examples of South American Indian groups that, although without hierarchical leadership, were both affluent and complex. In so doing he refutes the usual negative definition of tribal society and poses its order as a radical critique of our own Western state of power.Born in 1934, Pierre Clastres was educated at the Sorbonne; throughout the 1960s he lived with Indian groups in Paraguay and Venezuela. From 1971 until his death in 1979 he was Director of Studies at the fifth section of the Ecole Pratique des Hautes Etudes in Paris and held the Chair of Religion and Societies of the South American Indians there.Robert Hurley is the translator of the History of Sexuality by Michel Foucault and cotranslator of Anti-Oedipus by Gilles Deleuze and Felix Guattari. (shrink)

"The thesis is radical," writes Marshall Sahlins of this landmark text in anthropology and political science. "We conventionally define the state as the regulation of violence; it may be the origin of it. Clastres's thesis is that economic expropriation and political coercion are inconsistent with the character of tribal society - which is to say, with the greater part of human history."Can there be a society that is not divided into oppressors and oppressed, or that refuses coercive state apparatuses? In (...) this beautifully written book, Pierre Clastres offers examples of South American Indian groups that, although without hierarchical leadership, were both affluent and complex. In so doing he refutes the usual negative definition of tribal society and poses its order as a radical critique of our own Western state of power.Born in 1934, Pierre Clastres was educated at the Sorbonne; throughout the 1960s he lived with Indian groups in Paraguay and Venezuela. From 1971 until his death in 1979 he was Director of Studies at the fifth section of the Ecole Pratique des Hautes Etudes in Paris and held the Chair of Religion and Societies of the South American Indians there.Robert Hurley is the translator of the History of Sexuality by Michel Foucault and cotranslator of Anti-Oedipus by Gilles Deleuze and Felix Guattari. (shrink)

Holtby, Allen and Fairchild are both recent and revolutionary decisions that address an important aspect of the indeterminate causation problem that frequently arises in tort litigation. In Holtby and Allen, the Court of Appeal departed from the traditional binary approach, under which a tort claimant either recovers compensation for his or her entire injury or is altogether denied recovery—depending on whether his or her case against the defendant is more probable than not. Holtby and Allen substituted this approach by the (...) proportionate recovery principle, under which the defendant compensates the claimant for a fraction of his or her injury that represents the defendant's statistical share in that injury. This article analyses this development within the particular domain of indeterminate causation, over which the proportionate recovery principle has been licensed to exercise control. The article claims that this development would constitute an improvement of the law from the perspectives of both optimal deterrence and corrective justice, if the courts properly formulate its scope. First, the proportionate recovery principle needs to be explicitly confined to cases that deal with recurrent wrongs. Second, determination of the defendant's share in the claimant's injury ought to be grounded on the probability of causation, rather than the risk of inflicting that injury. Third, judges must not apply unarticulated intuitions in determining the magnitude of the relevant risk or probability: their decisions in that area would be better informed by the statistical principle of ‘insufficient reason’, also known as the ‘indifference principle’. Fourth, courts are yet to relieve the doctrinal tension between the proportionate recovery principle, as recognized in Holtby and Allen, and the previous rejection of that principle by the House of Lords. Subsequently, the article analyses the House of Lords' decision in Fairchild—yet another instance of indeterminate causation in which proportionate recovery is preferable to the ‘all or nothing’ approach. In this case, the House of Lords allowed the claimants full recovery. This holding was grounded in the Law Lords' innovative approach to indeterminate causation, and the article unfolds the problematics of this approach. Finally, the article offers an adoption of yet another legal mechanism—the ‘evidential damage doctrine’—that replaces liability under uncertainty with liability for uncertainty. (shrink)

The book provides a comprehensive and principled account of the uncertainty problem that arises in tort litigation. It presents and critically examines the existing doctrinal solutions of the problem, as evolved in England, the United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential damage. Among the issues dealt with by the book are rapidly developing areas of tort law, such as mass torts, liability for imposing risk (...) and the like. The book combines the traditional doctrinal depiction of the law with general theoretical insights that include economic analysis. (shrink)

This paper uses Carl Ginet's concept of “disinterested justification” to identify the boundaries of the epistemic authority of courts. It claims that courts exercise this authority only in the “interest-free” zone, in which their determinations of disputed facts’ probabilities can be made and justified on epistemic grounds alone. This is not the case with the “interest-laden” domain, where courts allocate risks of error under conditions of uncertainty. This domain is controlled by the risk-allocating evidentiary rules: burdens of proof, corroboration, hearsay, (...) opinion, character, and others. These rules are driven by moral and political, rather than epistemic, reasons. Their role is to allocate the risk of error among plaintiffs, defendants, and prosecution by setting forth probability thresholds for findings of fact and the criteria for adequacy of the evidence upon which those findings can be made. (shrink)

Dans un premier temps, cette contribution fournit une présentation rapide des corpus médiévaux, principalement pour l’anglais et le français, en relation avec des projets d’annotation centrés sur l’annotation syntaxique. La seconde partie traite des aspects spécifiques de l’annotation syntaxique pour les textes d’ancien français et s’intéresse particulièrement aux interactions entre la préannotation automatique et les outils d’annotation manuelle.

Dans un premier temps, cette contribution fournit une présentation rapide des corpus médiévaux, principalement pour l’anglais et le français, en relation avec des projets d’annotation centrés sur l’annotation syntaxique. La seconde partie traite des aspects spécifiques de l’annotation syntaxique pour les textes d’ancien français et s’intéresse particulièrement aux interactions entre la préannotation automatique et les outils d’annotation manuelle.

The American Journal of Bioethics, Volume 11, Issue 9, Page 35-37, September 2011.