Name der Zeitschrift: Frühmittelalterliche Studien Jahrgang: 36 Heft: 2 Seiten: 269-285.

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

I argue that traditional views on which beliefs are subject only to purely epistemic assessment can reject demographic profiling, even when based on seemingly robust evidence. This is because the moral failures involved in demographic profiling can be located in the decision not to suspend judgment, rather than supposing that beliefs themselves are a locus of moral evaluation. A key moral reason to suspend judgment when faced with adverse demographic evidence is to promote social equality—this explains why positive profiling is (...) dubious, along with more familiar cases of negative profiling, and why profiling is suspect even when no particular action is at stake. My suspension-based view, while compatible with revisionary normative positions, does not presuppose them. Philosophers of all stripes can reject demographic profiling both in thought and deed. (shrink)

This multidisciplinary volume documents the resurrection of the importance of narrative to the study of individuals and groups and argues that narrative may become a lingua franca of future debates in the human sciences.

Romanticism is recognized as a wellspring of modern-day environmental thought and enthusiasm for nature-preservation, but the character of the affinities between the two is less well understood. Essentially, the Romantics realised that nature only becomes a matter for ethical concern, inspiration and love when the mind and sensibility of the human observer/agent are properly attuned and receptive to its meaning. That attunement involves several factors: a more appropriate scientific paradigm, a subtler appreciation of the impact that the setting of human (...) dwelling, especially landscape, may have on character; the discovery of 'life' and spontaneity as a motif in science and art; a deeper and more complex sense of time; and a feel for place drawn from the life-world rather than physics or economics. Romanticism invented a new language and set of descriptions to illuminate all of these things, one we neglect or forget at our peril. (shrink)

Environmental theorists, seeking the origin of Western exploitative attitudes toward nature, have directed their attacks against 'humanism'. This essay argues that such criticisms are misplaced. Humanism has much closer affinities to environmentalism than the latter' s advocates believe. As early as the Renaissance, and certainly by the late eighteenth century, humanists were developing historically-conscious, hermeneutically-grounded modes of understanding, rather than the abstract, mathematical models of nature often associated with them. In its twentieth-century versions humanism also shares much of the mistrust (...) of consumerism, instrumental reason, and 'worldlessness' that marks environmentalist literature. Nevertheless, humanism is indeed committed to the principle that human beings are and ought to be free, and opposes theoretical approaches that suppress freedom. Reconciling humanism and environmentalism thus involves two steps: resisting the former's tendency to treat nature and freedom as metaphysical polarities, and drawing environmental theory away from flirtation with deterministic, biologistic worldviews. The essay concludes by suggesting Aldo Leopold's A Sand County Almanac as the paradigm case of environmental thought with roots in humanist approaches. (shrink)

The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational vulnerability (...) and autonomy as fundamentally opposed concepts or the failure to adequately acknowledge the conceptual relationship between them at common law. The second part of this aim is to draw upon developments in analytic feminist philosophy to illustrate how standard approaches to autonomy are ill-equipped to capture the autonomy issues of capacitous vulnerable adults when their decisions regarding care and treatment are at stake. The second (normative) aim is to develop an account of self-authorised, intersubjective autonomy on the basis of analytic feminist insights into the relational practices of recognition. This account not only attempts to capture the autonomy of capacitous vulnerable adults and account for the necessary harms to their autonomy that arise from standard common law responses to their situational vulnerability, it is also predicated on the distinctions between mental capacity, the satisfaction of conditions for informed consent and the exercise of autonomy, meaning that it is better placed to fulfil the primary aim of the inherent jurisdiction – to facilitate the autonomy of vulnerable adults with capacity. (shrink)

Prior studies provide consistent evidence of deficits for psychopaths in processing verbal emotional material but are inconsistent regarding nonverbal emotional material. To examine whether psychopaths exhibit general versus specific deficits in nonverbal emotional processing, 34 psychopaths and 33 nonpsychopaths identified with Hare's (R. D. Hare, 1991) Psychopathy Checklist-Revised were asked to complete a facial affect recognition test. Slides of prototypic facial expressions were presented. Three hypotheses regarding hemispheric lateralization anomalies in psychopaths were also tested (right-hemisphere dysfunction, reduced lateralization, and reversed (...) lateralization). Psychopaths were less accurate than nonpsychopaths at classifying facial affect under conditions promoting reliance on right-hemisphere resources and displayed a specific deficit in classifying disgust. These findings demonstrate that psychopaths exhibit specific deficits in nonverbal emotional processing. (shrink)

Although death by neurologic criteria is legally recognized throughout the United States, state laws and clinical practice vary concerning three key issues: the medical standards used to determine death by neurologic criteria, management of family objections before determination of death by neurologic criteria, and management of religious objections to declaration of death by neurologic criteria. The American Academy of Neurology and other medical stakeholder organizations involved in the determination of death by neurologic criteria have undertaken concerted action to address variation (...) in clinical practice in order to ensure the integrity of brain death determination. To complement this effort, state policymakers must revise legislation on the use of neurologic criteria to declare death. We review the legal history and current laws regarding neurologic criteria to declare death and offer proposed revisions to the Uniform Determination of Death Act and the rationale for these recommendations. (shrink)

Several alleged counterexamples to the definition of ‘intrinsic’ proposed in Rae Langton and David Lewis,‘Defining “Intrinsic”’, are unconvincing. Yet there are reasons for dissatisfaction, and room for improvement. One desirable change is to raise the standard of non‐disjunctiveness, thereby putting less burden on contentious judgements of comparative naturalness. A second is to deal with spurious independence by throwing out just the disjunctive troublemakers, instead of throwing out disjunctive properties wholesale, and afterward reinstating those impeccably intrinsic disjunctive properties that are (...) not troublemakers. (The second of these changes makes the first more affordable.) A third, suggested by Brian Weatherson, would be to invoke the general principle that the intrinsic and the extrinsic characters of things are independent, rather than relying just on one special case of this principle; but it is none too obvious how to do this. (shrink)

The notion of understanding occupies an increasingly prominent place in contemporary epistemology, philosophy of science, and moral theory. A central and ongoing debate about the nature of understanding is how it relates to the truth. In a series of influential contributions, Catherine Elgin has used a variety of familiar motivations for antirealism in philosophy of science to defend a non- factive theory of understanding. Key to her position are: (i) the fact that false theories can contribute to the upwards trajectory (...) of scientific understanding, and (ii) the essential role of inaccurate idealisations in scientific research. Using Elgin’s arguments as a foil, I show that a strictly factive theory of understanding has resources with which to offer a unified response to both the problem of idealisations and the role of false theories in the upwards trajectory of scientific understanding. Hence, strictly factive theories of understanding are viable notwithstanding these forceful criticisms. (shrink)

This book explores the future of critique in view of our planetary condition. How are we to intervene in contemporary constellations of finance capitalism, climate change and neoliberalism?

The eminent scholar Lewis R. Gordon offers a probing meditation on freedom, justice, and decolonization. What is there to be understood and done when it is evident that the search for justice, which dominates social and political philosophy of the North, is an insufficient approach for the achievements of dignity, freedom, liberation, and revolution? Gordon takes the reader on a journey as he interrogates a trail from colonized philosophy to re-imagining liberation and revolution to critical challenges raised by Afropessimism, (...) theodicy, and looming catastrophe. He offers not forecast and foreclosure but instead an urgent call for dignifying and urgent acts of political commitment. Such movements take the form of examining what philosophy means in Africana philosophy, liberation in decolonial thought, the unshackling of political philosophy from the liberal moral theory setting the stage for the decolonization of justice and normative life, unleashing the obstacles to cultivating emancipatory politics, challenging reductionist forms of thought that proffer harm and suffering as conditions of political appearance and the valorization of nonhuman being. He asserts instead emancipatory considerations for occluded forms of life and the irreplaceability of existence in the face of catastrophe and ruin, and he concludes, through a discussion with the Circassian philosopher and decolonial theorist, Madina Tlostanova, with the project of shifting the geography of reason. (shrink)

Enlightenment - both the phenomenon specific to the eighteenth century and the continuing trend in Western thought - is an attempt to dispel ignorance, achieve mastery of a potentially hostile environment, and contain fear of the unknown by promoting science and rationality. Enlightenment is often accompanied and challenged by countercultures such as German Romanticism, which explored the nature of fear and deployed it as a corrective to the excesses of rationalism. The Aesthetics of Fear in German Romanticism uncovers the formative (...) role this movement played in the development of dark or negative aesthetics. Recovering a missing chapter in the history of the aesthetics of fear, Paola Mayer illustrates that Romanticism was a crucial transitional phase between the eighteenth-century sublime and the early twentieth-century uncanny. Mayer puts literature and philosophy in dialogue, examining how German Romantic literature employed narratives of fear to radicalize and then subvert the status quo in society, culture, and science. She traces the development of this aesthetic from its inception with pre-Romantics such as Jean Paul Richter to its end in Joseph von Eichendorff's critical retrospective, and juxtaposes canonical authors such as E.T.A. Hoffmann - the father of the modern fantastic - with writers who have previously been ignored. Today, when the dark side of science looms in the foreground, The Aesthetics of Fear in German Romanticism points to the power of a literary movement to construct competing currents of thought. (shrink)

This paper provides an analysis of the educational use of the Internet and of digital technologies that is neither pessimistic nor optimistic, that is neither critical nor post-critical. Turning to Italian philosopher Giorgio Agamben’s comments on studying and its relationship to the technology of the blank writing tablet, the authors argue that digital devises are a radical transformation in our relationship to the technologies of reading and writing. Traditionally, the scholar was able to experience his or her potentiality to communicate (...) through writing via the blankness of the writing tablet. Yet, according to Agamben, such blankness has become inaccessible in the digital age, where the screen is always full of content. Here the authors argue that Agamben is correct in his diagnosis, yet his own theory of communicability offers up a way to redeem the educational use of digital devices. It is precisely the overflowing saturation of communications on the Internet which produces a new kind of blankness. It is this blankness which should thus become the focus of a studious form of media literacy—one that is not critical or post-critical so much as pre-critical. (shrink)

On 26 February 1616 Galileo was ordered to cease to defend heliocentrism in any way whatsoever. This order, called a precept, automatically applied to anything he might later attempt to publish on the subject. Issued at the end of his first trial by the Roman Inquisition, the precept became the spark that triggered his second trial in 1632–3 and figured importantly in the justification of his sentence. This precept has been a subject of controversy since the late nineteenth century for (...) its authenticity, legality and legitimacy. This paper addresses the first two points and establishes the facts of what probably happened in 1616. It does so by examining seven texts that bear on the event. All but one of these agree tolerably well that Galileo did indeed receive the precept in the strongest form. An examination of the singleton text in the context of how the Inquisition produced and kept its records as well as of its procedures and personnel shows that it is the least reliable source. This context also supports the argument that certainty about what happened is impossible to achieve. The theory that the document most damaging to Galileo was a forgery is also disposed of. Examination of the crucial phrase successive ac incontinenti in one of the documents supports the paper's suggestion that more caution is in order before accepting the currently nearly universal claim that the precept was improper in law. (shrink)

Philosophical discussions of the moralization of anger have not, to date, substantively engaged classical Chinese thought. This is unfortunate, given the abundance of appeals to moral anger in the classical literature, especially among the Confucians, and the suppression, expression, and functionalization of anger. Accordingly, this essay engages in two general projects: one interpretive, one applied. The interpretive project examines the manner in which classical Confucian thought regards anger as having both destructive and constructive aspects, how these aspects are unavoidable human (...) experiences, and how they can (and should) be regulated or recruited by ritualized social forms. Specifically, while the early Confucians at times depict anger as a precarious feeling to be assuaged, there are circumstances in which anger is not only understandable, but morally warranted. In this tradition, adherence to ritual prescriptions is a primary means by which problematic anger is alleviated while moral anger is effectively expressed, achieving prosocial ends without producing undue harm. This understanding and analysis of anger from a Confucian perspective gives rise to an applied project that considers how even contemporary, non-Confucians can ritualize and deploy anger for positive moral and political ends. In particular, I examine how forms of reconciliation, etiquette, and protest can be construed as rituals through which moral anger is effectively channeled. (shrink)

With a mass digitisation programme underway and the addition of non-print legal deposit and web archive collections, the National Library of Scotland is now both producing and collecting data at an unprecedented rate, with over 5PB of storage in the Library’s data centres. As well as the opportunities to support large scale analysis of the collections, this also presents new challenges around data management, storage, rights, formats, skills and access. Furthermore, by assuming the role of both creators and collectors, libraries (...) face broader questions about the concepts of ‘collections' and ‘heritage', and the ethical implications of collecting practices. While the ‘collections as data’ movement has encouraged cultural heritage organisations to present collections in machine-readable formats, new services, processes and tools also need to be established to enable these emerging forms of research, and new modes of working need to be established to take into account an increasing need for transparency around the creation and presentation of digital collections. This commentary explores the National Library of Scotland's new digital scholarship service, the implications of this new activity and the obstacles that libraries encounter when navigating a world of Big Data. (shrink)

We examine the performance of some standard causal discovery algorithms, both constraint-based and score-based, from the perspective of how robust they are against failures of the Causal Faithfulness Assumption. For this purpose, we make only the so-called Triangle-Faithfulness assumption, which is a fairly weak consequence of the Faithfulness assumption, and otherwise allows unfaithful distributions. In particular, we allow violations of Adjacency-Faithfulness and Orientation-Faithfulness. We show that the PC algorithm, a representative constraint-based method, can be made more robust against unfaithfulness by (...) incorporating elements of the GES algorithm, a representative score-based method; similarly, the GES algorithm can be made less error-prone by incorporating elements of the conservative PC algorithm. As our simulations demonstrate, the increased robustness seems to matter even when faithfulness is not exactly violated, for with only finite sample, distributions that are not exactly unfaithful may be sufficiently close to being unfaithful to make trouble. (shrink)

Altum gurgitem Tigris premens: what is Tigris doing? Gronovius has no remark to the point. The context however points the way to interpretation. For in the list of four rivers, two others are given some word or phrase to characterize them: Hydaspes is gemmifer and Baetis is said to give his name to nearby lands. Thus altum gurgitem premens should refer to some characteristic act or condition of Tigris, not to a unique or casual occurrence. H. M. Kingery cannot be (...) right in saying that ‘the Tigris, noted for its swift current, is pictured here as checking its deep torrent, so as to water the plants that grow in or near its bed’. (shrink)

"Ökologie ist in den Medien- und Kulturwissenschaften derzeit von hoher begrifflicher Konjunktur. Damit stellt sich die Frage nach dem Gebrauch, dem Potential und der historischen wie medialen Verfasstheit verschiedener Konzepte von Ökologie und deren jeweilige Fassung von Natur, Organismus und Relationalität. Eine Analyse von Ernst Haeckels Genereller Morphologie und seiner Sarcode-Versuche arbeitet verschiedene Modellierungen von (Inter-)Relationalität, insbesondere Organismus-Außenwelt-Beziehungen in der Ökologie heraus. Ecology is a term that is much discussed in recent media and cultural studies. This raises the question of (...) the use, the potential and the historical and medial constitution of different concepts of ecology and their respective understandings of nature, organism and relationality. This paper presents an analysis of Ernst Haeckel’s General Morphology and his Sarcodes-experiments and elaborates different models of (inter-)relationality, especially relations between organisms and environment, in ecology. ". (shrink)