Criminal juries in the United States typically deliver their decisions through a “general verdict,” expressing only their ultimate conclusion of “guilty” or “not guilty,” rather than through a “special verdict” that identifies whether each element of the charged crime has been proven beyond a reasonable doubt. American courts have broadly favored the use of general verdicts in criminal cases due to concerns that the special verdict will curtail the jury’s decision-making autonomy, including its power to nullify the law in favor (...) of the defense, potentially undermining the criminal defendant’s constitutional right to trial by jury. This Article confronts the legal status quo on verdict format and its underlying, untested assumptions. Drawing upon prior psychology findings and legal professionals’ anecdotal observations, it questions whether the general verdict poses its own under-acknowledged threats to the rights of criminal defendants and the decision-making agency of jurors. While the more guided special verdict format is presumed to threaten nullifying acquittals, the unguided general verdict format might be enabling convictions that violate constitutional norms of due process, impartial adjudication, and equal protection. Given the high-stakes values potentially implicated in the choice of verdict format in criminal cases, it is time to put the conventional wisdom in favor of general verdicts to an empirical test. This Article therefore proposes a methodological framework for investigating whether the legal status quo accurately reflects (1) current stakeholders’ preferences and predictions, and (2) experimentally testable legal and cognitive effects of general versus special verdicts in lay determinations of criminal liability. A data-informed understanding is needed to assess whether the general verdict is optimizing the integrity, fairness, and constitutionality of criminal jury decision making. (shrink)

The COVID-19 pandemic brought unprecedented strain on hospitals and, in particular, critical care settings. Early in the pandemic, multiple plans were developed to ration ventilators in anticipatio...

Organizations of all types are vulnerable to frauds. Banks contribute to a significant extent in a country’s economic development by generating a large part of revenue in the service sector. Deterrence of fraud is impossible without understanding it. The present study attempts to extract themes by highlighting the major areas of the bank fraud literature within a specific time frame of 2000–2019 and finding the research gaps citing the future scope for research. Post the review of existing literature, using thematic (...) analysis, two major themes were observed by the author, namely, “regulatory and compliance”–based studies and studies related to the “socio psychological” aspect of the literature. An examination of themes indicated that the popularity of the research areas shifted from accounting frauds or balance sheet frauds in early 2000s to areas such as cyber frauds and identity theft at the later decade. The present study paves way forward for future research on the bank customer’s vigilance, experiences and perspectives on frauds. Other significant areas of research include coping mechanisms with the various challenges faced by banks in marketing themselves after any major fraud occurrence. (shrink)

This book presents a selection of essays by the Indian philosopher J.L. Mehta on the topics of hermeneutics and phenomenology containing many original ...

It can seem incoherent to fully characterize fundamentality in terms of grounding, given that the fundamental is precisely that which cannot be fully characterized independently. I argue that there is no such incoherence.

Our sense of self includes awareness of our thoughts and movements, and our control over them. This feeling can be altered or lost in neuropsychiatric disorders as well as in phenomena such as “automatic writing” whereby writing is attributed to an external source. Here, we employed suggestion in highly hypnotically suggestible participants to model various experiences of automatic writing during a sentence completion task. Results showed that the induction of hypnosis, without additional suggestion, was associated with a small but significant (...) reduction of control, ownership, and awareness for writing. Targeted suggestions produced a double dissociation between thought and movement components of writing, for both feelings of control and ownership, and additionally, reduced awareness of writing. Overall, suggestion produced selective alterations in the control, ownership, and awareness of thought and motor components of writing, thus enabling key aspects of automatic writing, observed across different clinical and cultural settings, to be modelled. (shrink)

Most contemporary theories of perception, including leading forms of representationalism and naive realism, are monistic: they assume that to consciously perceive is to deploy only one kind of sensory awareness. Here I instead argue for rich pluralism, which says that to consciously perceive is to deploy two very different kinds of sensory awareness in concert: representational awareness of particulars, and non-representational, partly essence-revealing awareness of sensory qualities.

Shedding light on a fundamental tension in liberal theory, Liberalism and Empire reaches beyond post-colonial studies to revise our conception of the grand liberal tradition and the conception of experience with which it is associated.

Consider two deeply appealing thoughts: first, that we experience external particulars, and second, that what it’s like to have an experience – the phenomenal character of an experience – is somehow independent of external particulars. The first thought is readily captured by phenomenal particularism, the view that external particulars are sometimes part of the phenomenal character of experience. The second thought is readily captured by phenomenal generalism, the view that external particulars are never part of phenomenal character. -/- Here I (...) show that a novel version of phenomenal generalism can capture both thoughts in a satisfying fashion. Along the way, I reveal severe problems facing phenomenal particularism and also shed light on the mental kinds under which experiences fall. (shrink)

I highlight a neglected but striking phenomenological fact about our experiences: they have a pervasively spatial character. Specifically, all (or almost all) phenomenal qualities – roughly, the introspectible, philosophically puzzling properties that constitute ‘what it’s like’ to have an experience – introspectively seem instantiated in some kind of space. So, assuming a very weak charity principle about introspection, some phenomenal qualities are instantiated in space. But there is only one kind of space – the ordinary space occupied by familiar objects. (...) And the only objects appropriately located in ordinary space are outside the subject’s mind. This entails experiential externalism, the view that at least one phenomenal quality is instantiated outside the subject’s mind. Experiential externalism is incompatible with many leading theories of experience, including certain mental paint theories; some forms of representationalism; paradigmatic versions of sense-datum theory; and views on which no phenomenal qualities are instantiated. My argument is structurally similar to familiar arguments based on the ‘transparency of experience.’ However, I suggest, phenomenological intuitions about spatiality are considerably more stable than phenomenological intuitions about transparency. For many philosophers, transparency intuitions fade markedly with respect to non-standard experiences, including experiences associated with blurry or double vision. But spatiality intuitions remain robust even for these experiences. Thus, spatiality intuitions should be more dialectically effective than transparency intuitions for supporting experiential externalism. (shrink)

What I require is a convening of my culture's criteria, in order to confront them with my words and life as I pursue them and as I may pursue them; and at the same time to confront my words and life as I pursue them with the life my culture's words may imagine for me: to confront the culture with itself, along the lines it meets in me. Stanley Cavell.

Philosophy and Phenomenological Research, Volume 104, Issue 1, Page 209-231, January 2022.

Here I advance a unified account of the structure of the epistemic normativity of assertion, action, and belief. According to my Teleological Account, all of these are epistemically successful just in case they fulfill the primary aim of knowledgeability, an aim which in turn generates a host of secondary epistemic norms. The central features of the Teleological Account are these: it is compact in its reliance on a single central explanatory posit, knowledge-centered in its insistence that knowledge sets the fundamental (...) epistemic norm, and yet fiercely pluralistic in its acknowledgment of the legitimacy and value of a rich range of epistemic norms distinct from knowledge. Largely in virtue of this pluralist character, I argue, the Teleological Account is far superior to extant knowledge-centered accounts. (shrink)

According to phenomenal particularism, external particulars are sometimes part of the phenomenal character of experience. Mehta criticizes this view, and French and Gomes :451–460, 2016) have attempted to show that phenomenal particularists have the resources to respond to Mehta’s criticisms. We argue that French and Gomes have failed to appreciate the force of Mehta’s original arguments. When properly interpreted, Mehta’s arguments provide a strong case in favor of phenomenal generalism, the view that external particulars are never (...) part of phenomenal character. (shrink)

Purpose: Physicians are often reluctant to discuss “Do Not Resuscitate” orders with patients. Although perceived self-efficacy is a known prerequisite for behavioural change, little is understood about the confidence of physicians regarding DNR discussions.Subjects and methods: A survey of 217 internal medicine attendings and 132 housestaff at two teaching hospitals about their attitudes and confidence regarding DNR discussions.Results: Participants were significantly less confident about their ability to discuss DNR orders than to discuss consent for medical procedures , and this was (...) true for both attendings and housestaff . In a multivariate logistic model of confidence regarding DNR discussions, women were less confident than men ; house officers were less confident than attendings , those who were less confident of their ability to discuss medical procedures were less confident discussing DNR , and those who found talking to patients about DNR orders very difficult reported less confidence than those who did not .Conclusion: We conclude that physicians’ confidence regarding DNR discussions is low compared with their confidence regarding other medical discussions and that confidence varies by sex and perceived difficulty of the task. Efforts to improve DNR discussions should explore the need to tailor educational interventions to fit these characteristics. (shrink)

What grounds facts of the form? One promising answer is: facts of the form. A different promising answer is: x itself. Isaac Wilhelm has recently argued that the second answer is superior to the first. In this paper, I rebut his argument.

This paper is about Gandhi's critique of politics, of which his ambivalence towards democracy was a part. I argue that for Gandhi the ground of moral action is fearlessness, while that of political reason is security and self-defense. Gandhi sees the context of moral action in the mundane fabric of everyday life, in places such as the family and the village. For that reason he does not believe that moral action requires being supplemented by the particular kind of unity which (...) politics and the state call for and necessitate. (shrink)

The common law system is a legal system that values precedent, or previous court decisions, in the resolution of current cases. As the availability of legal documents in digital form has increased, it has become more difficult for legal professionals to manually identify relevant past cases due to the vast amount of data. Researchers have developed automated systems for determining the similarity between legal documents to address this issue. Our research explores various representations of a legal document and discusses a (...) novel paragraph filtering process to identify key paragraphs using legal citation information to remove unnecessary text paragraphs without disturbing the concept of the legal document. State-of-the-art techniques like TF-IDF, BERT, Legal Bert, Doc2Vec, and Legal-longformer are used for the performance analysis of the proposed approach with document comparison. It has been shown that a model trained on the proposed filtered paragraphs can achieve better results than a model trained on the complete text and can also shorten the document by over 40%. The proposed filtering strategy could be helpful for models like BERT, where the maximum token length is fixed. (shrink)

Aim: Patients with advanced cancer need information about end-of-life treatment options in order to make informed decisions. Clinicians vary in the frequency with which they initiate these discussions.Patients and methods: As part of a long-term longitudinal study, patients with an expected 2-year survival of less than 50% who had advanced gastrointestinal or lung cancer or amyotrophic lateral sclerosis were interviewed. Each patient’s medical record was reviewed at enrollment and at 3 months for evidence of the discussion of patient wishes concerning (...) ventilator support, artificial nutrition and hydration , resuscitation and hospice care. A Kaplan–Meier analysis was also performed and 2-year survival calculated.Results: 60 cancer and 32 ALS patients were enrolled. ALS patients were more likely than cancer patients to have evidence of discussion about their wishes for ventilator support , ANH , DNR and hospice care . At 6 months, 91% of ALS patients were alive compared with 62% of cancer patients; at 2 years, 63% of ALS patients were alive compared with 23% of cancer patients .Conclusions: Cancer patients were less likely than ALS patients to have had documented advanced care planning discussions despite worse survival. This may reflect perceptions that ALS has a more predictable course, that advanced cancer has a greater number of treatment options, or differing views about hope. Nevertheless, cancer patients may be less adequately prepared for end-of-life decision-making. (shrink)

Conceptualized outside the theoretical framing of both liberal as well as critical approaches, this book re-imagines the law by exploring the contradictions and polarities of in terms of its relationship with violence. It encompasses and interweaves themes and ideas as diverse as death penalty, community might, state sovereignty on the one hand, to animal rights, sexual consent, children's agency and LGBT rights, on the other. While acknowledging that law is fundamentally and inherently tied to violence, the objective of this eclectic (...) collection is to respond to and engage with the violence of law by exploring alternate ways of conceptualizing, reading, practising, and making the law. (shrink)

I assume that there exists a general phenomenon, the phenomenon of the explanatory gap, surrounding consciousness, normativity, intentionality, and more. Explanatory gaps are often thought to foreclose reductive possibilities wherever they appear. In response, reductivists who grant the existence of these gaps have offered countless local solutions. But typically such reductivist responses have had a serious shortcoming: because they appeal to essentially domain-specific features, they cannot be fully generalized, and in this sense these responses have been not just local but (...) parochial. Here I do better. Taking for granted that the explanatory gap is a genuine phenomenon, I offer a fully general diagnosis that unifies these previously fragmented reductivist responses. (shrink)

Representationalism is, roughly, the view that experiencing is to be analyzed wholly in terms of representing. But what sorts of properties are represented in experience? According to a prominent form of representationalism, objective representationalism, experiences represent only objective (i.e. suitably mind-independent) properties. I explore subjective representationalism, the view that experiences represent at least some subjective (i.e. suitably mind-dependent) properties. Subjective representationalists, but not objective representationalists, can accommodate cases of illusion-free phenomenal inversion. Moreover, subjective representationalism captures the so-called transparency of experience, (...) as it is standardly articulated, just as well as objective representationalism. (shrink)

Using Canada as a case study, this article argues that regulating biotechnology and nanotechnology is made unnecessarily complex and inherently unstable because of a failure to consult the public early and of-ten enough. Furthermore, it is argued that future regulators (and promoters) of nanotechnology may learn valuable lessons from the mistakes made in regulating biotechnology.

The impetus of this study is to gauge the nexus between economic policy uncertainty and financial innovation in Brazil, Russia, India, China, and South Africa nations for the period from 2004M1 to 2018M12. This study utilizes both the linear and non-linear autoregressive distributed lag models to evaluate the long-run and the short-run association between EPU and financial innovation; furthermore, the causal effects are investigated by following the non-Granger casualty framework. The results of long-run cointegration, i.e., the test statistics of modified (...) F-test, standard Wald test, and tBDM, reject the null hypothesis and establish the presence of the long-run association between EPU and financial innovation. Conversely, long-run asymmetry cointegration revealed the test statistics of FPSS, WPSS, and tBDM in non-linear estimation. Furthermore, both in the long run and short run, the Wald test results disclose asymmetric effects running from EPU to financial innovation. In regards to the asymmetric impact of EPU on financial innovation, this study documents that the positive and negative shocks in EPU are negatively linked with financial innovation in the long run but are insignificant for short-run effects. Besides, financial innovation measured by R&D investment exhibits a positive linkage with shocks in EPU, implying that uncertainty induces innovation in the economy. Referring to causality effects, this study divulges the feedback hypothesis, i.e., bidirectional causality prevails between EPU and financial innovation in all sample countries. (shrink)

Pure insight, however is in the first instance without any content; it is the sheer disappearance of content; but by its negative attitude towards what it excludes it will make itself real and give itself a content.—Hegel, Phenomenology of Mind.

Sociologists of science and others have long been interested in how advances in science come about, and their potential social and economic impacts. Developments in nanoscience and nanotechnology will provide social scientists with a unique opportunity to explore how scientific activities form de novo. Additionally, scientists will have the opportunity to examine the factors that drive science and technology in certain directions by considering how different models of innovation may explain how the topography of the knowledge-based economy is being shaped (...) by radically new approaches to science. (shrink)

In his 2009 article “Self-Representationalism and Phenomenology,” Uriah Kriegel argues for self-representationalism about phenomenal consciousness primarily on phenomenological grounds. Kriegel’s argument can naturally be cast more broadly as an argument for higher-order representationalism. I examine this broadened version of Kriegel’s argument in detail and show that it is unsuccessful for two reasons. First, Kriegel’s argument (in its strongest form) relies on an inference to the best explanation from the claim that all experiences of normal adult human beings are accompanied by (...) peripheral awareness of those very experiences to the claim that all experiences are accompanied by peripheral awareness of those very experiences. This inference is inadequately defended, for the explanandum may also be given a straightforward evolutionary explanation. Second, contra Kriegel, I argue that phenomenological investigation does not support the thesis that we are always peripherally aware of our experiences. Instead, it delivers no verdict on this thesis. Kriegel’s phenomenological mistake may be explained via a highly diluted version of the famous transparency thesis about experience. (shrink)

Our actions and decisions are regularly influenced by the social environment around us. Can social cues be leveraged to induce curiosity and affect subsequent behavior? Across two experiments, we show that curiosity is contagious: The social environment can influence people's curiosity about the answers to scientific questions. Participants were presented with everyday questions about science from a popular on‐line forum, and these were shown with a high or low number of up‐votes as a social cue to popularity. Participants indicated their (...) curiosity about the answers, and they were given an opportunity to reveal a subset of those answers. Participants reported greater curiosity about the answers to questions when the questions were presented with a high (vs. low) number of up‐votes, and they were also more likely to choose to reveal the answers to questions with a high (vs. low) number of up‐votes. These effects were partially mediated by surprise and by the inferred usefulness of knowledge, with a more dramatic effect of low up‐votes in reducing curiosity than of high up‐votes in boosting curiosity. Taken together, these results highlight the important role social information plays in shaping our curiosity. (shrink)

Mehta examines, briefly, whether America is vulnerable to the "corruptions" of empire and the weight we should place on this moral consideration.

According to the Epistemic Theory of Mind, knowledge is part of the best overall framework for explaining behavior at the psychological level. This theory, which has become increasingly popular in recent decades, has almost always been conjoined with an invariantist theory of “knows.” In this paper, I argue that this is a mistake: the Epistemic Theory of Mind is far more explanatorily powerful when conjoined with contextualism. I conclude that if the Epistemic Theory of Mind is true, then there is (...) a powerful new reason to accept contextualism. (shrink)