Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

BackgroundAccurate reporting on sex and gender in health research is integral to ensuring that health interventions are safe and effective. In Canada and internationally, governments, research organizations, journal editors, and health agencies have called for more inclusive research, provision of sex-disaggregated data, and the integration of sex and gender analysis throughout the research process. Sex and gender analysis is generally defined as an approach for considering how and why different subpopulations (e.g., of diverse genders, ages, and social locations) may experience (...) health conditions and interventions in different or similar ways.The objective of this study was to assess the extent and nature of reporting about sex and/or gender, including whether sex and gender analysis (SGA) was carried out in a sample of Canadian randomized controlled trials (RCTs) with human participants.MethodsWe searched MEDLINE from 01 January 2013 to 23 July 2014 using a validated filter for identification of RCTs, combined with terms related to Canada. Two reviewers screened the search results to identify the first 100 RCTs that were either identified in the trial publication as funded by a Canadian organization or which had a first or last author based in Canada. Data were independently extracted by two people from 10% of the RCTs during an initial training period; once agreement was reached on this sample, the remainder of the data extraction was completed by one person and verified by a second.ResultsThe search yielded 1433 records. We screened 256 records to identify 100 RCTs which met our eligibility criteria. The median sample size of the RCTs was 107 participants (range 12–6085). While 98% of studies described the demographic composition of their participants by sex, only 6% conducted a subgroup analysis across sex and 4% reported sex-disaggregated data. No article defined “sex” and/or “gender.” No publication carried out a comprehensive sex and gender analysis.ConclusionsFindings highlight poor uptake of sex and gender considerations in the Canadian RCT context and underscore the need for better articulated guidance on sex and gender analysis to improve reporting of evidence, inform policy development, and guide future research. (shrink)

El fraile capuchino Antonio de Fuentelapeña escribió en 1676 El ente dilucidado, obra de filosofía escolástica en la que su autor pretende demostrar la existencia de duendes. Sin embargo, la crítica posterior juzgó como extravagancia y locura la obra, sin reparar en que sus argumentos escolásticos analizaron muchos temas filosóficos de extrema importancia, como la racionalidad de los animales, tan en boga hoy día gracias al estudio de la conducta animal comparada, la Etología.

Las antiguas zonas mineras e industriales, muchas de ellas ya abandonadas tras una prolongada actividad extractiva y productiva, albergan frecuentemente buenas experiencias de recuperación del patrimonio asociado y sus paisajes. Impulsados inicialmente los proyectos desde las administraciones públicas, sobre todo de ámbito municipal, con participación activa de las empresas propietarias y la comunidad local, hoy son un extraordinario referente de puesta en valor de un legado muy peculiar que ofrece amplias posibilidades de reutilización bajo la perspectiva irrenunciable del desarrollo sostenible.

RESUMEN Se analiza si la versión de la justicia como equidad, presentada en El liberalismo político, es genuinamente una concepción política. Se examina el problema de la razonabilidad de las doctrinas comprehensivas, y se indaga luego si el argumento en dos etapas afecta la integridad estructural del liberalismo político. Se concluye que J. Rawls fracasa en su intento de justificar un liberalismo independiente de una doctrina comprehensiva de carácter liberal. ABSTRACT The article analyzes whether the conception of justice as fairness, (...) set forth by Rawls in Political Liberalism, is a genuine political conception. It first examines the issue of reasonableness of comprehensive doctrines and then goes on to inquire whether the two-step argument affects the structural integrity of political liberalism. The paper concludes that J. Rawls fails in his attempt to justify liberalism independently of a comprehensive liberal doctrine. (shrink)

Airway mucin secretion is important pathophysiologically and as a model of polarized epithelial regulated exocytosis. We find the trafficking protein, SNAP23, selectively expressed in secretory cells compared with ciliated and basal cells of airway epithelium by immunohistochemistry and FACS, suggesting that SNAP23 functions in regulated but not constitutive epithelial secretion. Heterozygous SNAP23 deletant mutant mice show spontaneous accumulation of intracellular mucin, indicating a defect in baseline secretion. However mucins are released from perfused tracheas of mutant and wild-type mice at the (...) same rate, suggesting that increased intracellular stores balance reduced release efficiency to yield a fully compensated baseline steady state. In contrast, acute stimulated release of intracellular mucin from mutant mice is impaired whether measured by a static imaging assay 5 min after exposure to the secretagogue ATP or by kinetic analysis of mucins released from perfused tracheas during the first 10 min of ATP exposure. Together, these data indicate that increased intracellular stores cannot fully compensate for the defect in release efficiency during intense stimulation. The lungs of mutant mice develop normally and clear bacteria and instilled polystyrene beads comparable to WT mice, consistent with these functions depending on baseline secretion that is fully compensated. (shrink)

The practice of physical activity (PA) contributes to the prevention of chronic diseases such as obesity, metabolic syndrome or cardiovascular diseases, being also directly related to the individual’s physical fitness. Therefore, it is necessary to measure and monitoring the levels of PA in childhood and adolescence, since it may be useful to describe their current health status and the association with physical fitness, as well as to reveal putative consequences in the future. Within the educational field, it has been shown (...) that physical education (PE) classes are a favorable context for the creation of healthy physical-sports habits and self-determined motivation could be a key for explaining the level of PA practice. For this reason, the purpose of this research was to study the mediating role of integrated regulation (IR) on the relationship between PA and physical fitness in children and adolescents. A total of 325 students between 11 and 14 years old participated in the study. The level of PA was estimated through the specific Physical Activity Questionnaire for Children (PAQ-C), while motivation and IR were measured by using the Perceived Locus of Causality scale (PLOC-2). In addition, physical fitness was measured through the Eurofit fitness battery of tests, composed of three body composition measures and seven tests of different physical capacities. The physical fitness score showed no differences when genders were compared. After regression analysis, the resulti... (shrink)

The study of corpography (corpographèse) in J.M. Coetzee’s Waiting for the Barbarians establishes a symptomatology of the body -linked to the experiences of torture and eroticism- that associates the illness with somnolence in the fictional text and the parasitization of the represented historical text. The tortured and undesired bodies of the protagonists undergo a process of objectification that manifests the acceleration of the fall of the Empire and the fragmentation of its discursive body as well as reinforces the secrecy and (...) illegibility of the text inscribed in the body of barbarism. This indecipherable text/body is defined by the paradox of the border labyrinth whose specularity gives rise to the illusion of control at the frontier between empire and barbarism. We will study, first of all, the writing of torture on the bodies, focusing on two organs - the eyes and the feet. Then, we will be interested in the erotic experience between the two protagonists. Finally, we will see how these vacuous bodies establish, at the border, a suspensive temporary bond with the historical and the memorial text. (shrink)

There can be no doubt that discrimination based on sex, race, ethnicity, religion or beliefs should not be tolerated in academia. Surprisingly, however, in recent years, policies of Diversity, Inclusion and Equity (DIE), officially introduced to counteract discrimination, have increasingly led to quite the opposite result: the exclusion of individuals who do not share a radical 'woke' ideology on identity politics (feminism, other gender activisms, critical race theory, etc.), and to the suppression of the academic freedom to discuss such dogmas. (...) This subversion of academia — disguised Trojan-horse style as universal human rights advocacy — is unacceptable because academia must be politically neutral and protect freedom of speech, a cornerstone of professional scholarly activity without which universities as we know them will slowly but surely suffocate. Our purpose here is to put together some particularly illustrative cases of such repression in a single book, testifying to a ubiquitous trend within western culture, irreducible to a few isolated complaints. The essays contained here illustrate the abuse of power, censorship and witch-hunts at many universities and research centres in the name of DIE. List of coauthors in alphabetical order: Dorian Abbot, Tomonori Agoh, Gerhard Amendt, Ivar Arpi, David Benatar, Peter Boghossian, Civitas Research Team, David Díaz Pardo de Vera, Pedro Domingos, Janice Fiamengo, Étienne Forest, Jorge Gibert Galassi, Norman Goldstuck, José L. González Quirós, Lawrence M. Krauss, Patrick LaBelle, Martín López Corredoira, Heather Mac Donald, Martin Malmgren, Jordan Peterson, Constantin Polychronakos, Erik. J. Olsson, Philip C. Salzman, Alessandro Strumia, Tom Todd, Andrei Yafaev. (shrink)

There can be no doubt that discrimination based on sex, race, ethnicity, religion or beliefs should not be tolerated in academia. Surprisingly, however, in recent years, policies of Diversity, Inclusion and Equity(DIE), officially introduced to counteract discrimination, have increasingly led to quite the opposite result: the exclusion of individuals who do not share a radical 'woke' ideology on identity politics (feminism, other gender activisms, critical race theory, etc.), and to the suppression of the academic freedom to discuss such dogmas. This (...) subversion of academia ― disguised Trojan-horse style as universal human rights advocacy ― is unacceptable because academia must be politically neutral and protect freedom of speech, a cornerstone of professional scholarly activity without which universities as we know them will slowly but surely suffocate. -/- Our purpose here is to put together some particularly illustrative cases of such repression in a single book, testifying to a ubiquitous trend within western culture, irreducible to a few isolated complaints. The essays contained here illustrate the abuse of power, censorship and witch-hunts at many universities and research centres in the name of DIE. -/- List of coauthors in alphabetical order: Dorian Abbot, Tomonori Agoh, Gerhard Amendt, Ivar Arpi, David Benatar, Peter Boghossian, Civitas Research Team, David Díaz Pardo de Vera, Pedro Domingos, Janice Fiamengo, Étienne Forest, Jorge Gibert Galassi, Norman Goldstuck, José L. González Quirós, Lawrence M. Krauss, Patrick LaBelle, Martín López Corredoira, Heather Mac Donald, Martin Malmgren, Erik. J. Olsson, Jordan Peterson, Constantin Polychronakos, Philip C. Salzman, Alessandro Strumia, Tom Todd, Andrei Yafaev. (shrink)

J. M. Shorter; X*—Personal Identity, Personal Relationships, and Criteria, Proceedings of the Aristotelian Society, Volume 71, Issue 1, 1 June 1971, Pages 165–1.

In lieu of an abstract, here is a brief excerpt of the content:Deification through the Cross:Reflections from an Implied Ideal WorshiperAndrew J. SummersonKhaled Anatolios's most recent book, Deification through the Cross,1 develops a definition of salvation out of his experience of the Byzantine liturgy. This experience of worship offers an immersion in what he calls "doxological contrition." By this, Anatolios means that Christ saves us by offering us the ability to participate in the mutual glorification of the persons of the (...) Holy Trinity by vicariously repenting for our sins. For Anatolios, this objective content is subjectively appropriated in Byzantine Christian worship. To explore this theme, Anatolios develops a working account of "doxological contrition" through a synthetic discussion of the Lenten Triodion and Pentecostarion, books of liturgical hymnography that govern the Byzantine worship from Lent to Pentecost. Anatolios derives his approach from the adaption of reader response theory, which aims to expose the effect a text should have on the "implied ideal reader." As such, his account speaks from the perspective of the "implied ideal worshiper"—presumably a theologically educated congregant who can seize these themes that evaporate into the ether as quickly as incense swung throughout the church during the services.Let me say from the outset, I heartily recommend Anatolios's book. It is both an ambitious work and a rewarding read. Ambitious because Anatolios's approach makes otherwise fragmented theological disciplines—liturgical [End Page 1089] studies, Scripture, historical theology, and systematics—fruitful dialogue partners in his exposition of a working account of the Christian experience of salvation. Rewarding because the reader can explore in depth the touchstones of the Christian tradition through Anatolios's deep retrieval of a more coherent soteriology. Deification of the Cross demonstrates the perennial value of historical theology to correctly account for the "half-forgotten, half misunderstood" details of the Christian tradition in the face of caricatures that at best misrepresent and at worst present an idolatrous, counterfeit Christianity.Eastern Christian Liturgy and RevelationPerhaps I am not Anatolios's ideal audience; I may be too close to the source material and lack objectivity. That aside, the bulk of my reflections on this book comes from the perspective of an "implied ideal worshiper." I do share some of Anatolios starting points. Like Anatolios, I am a convert, scholar, and Eastern Catholic priest. Furthermore, I also share the discontent with which Anatolios begins his book, though perhaps for different reasons. He bemoans a loss of the experience of salvation. My own vocation as priest and scholar comes out of a frustrated wonder. As a college student, I set out to learn about this Church and its Tradition. I learned about the Sunday experience I was supposed be having. It was in university when I read for the first time John Paul II's 1995 apostolic letter Orientale Lumen, written to acquaint the wider Catholic Church with the riches of the Christian East. John Paul II dedicated much reflection to the "genius of Eastern liturgy," emphasizing its power to envelop all our human senses into the fullness of the mystery of God. It is worth quoting in full:Within this framework, liturgical prayer in the East shows a great aptitude for involving the human person in his or her totality: the mystery is sung in the loftiness of its content, but also in the warmth of the sentiments it awakens in the heart of redeemed humanity. In the sacred act, even bodiliness is summoned to praise, and beauty, which in the East is one of the best loved names expressing the divine harmony and the model of humanity transfigured, appears everywhere: in the shape of the church, in the sounds, in the colors, in the lights, in the scents. The lengthy duration of the celebrations, the repeated invocations, everything expresses gradual identification with the mystery celebrated with one's whole person. Thus the prayer of the Church already becomes participation in the heavenly liturgy, an anticipation of the final beatitude.(§11) [End Page 1090]The experience of this liturgy has been quite potent throughout history. It led to the baptism of the entire kingdom of Rus' in 988 AD. As the story goes, its ruler, Vladimir the Great, sent emissaries to find a... (shrink)

To explain the meaning of the Prometheus the late Dr. Walter Headlam quoted the famous lines from theAgamemnon:‘ Sing praise; ’Tis he hath guided, say, Man's feet in Wisdom's way, Stablishing fast for learning's rule That Suffering be her school….’ ‘This,’ he said, ‘is the school in which Prometheus himself is being gradually taught the wise humility; at present he is still in the rebellious stage. And it is with this idea that Io is introduced into the Prometheus Bound; she, (...) too, is an example of the seeming cruelty of Zeus; but it is a blessing in disguise, for she is to be the mother of the blessed Epaphus, and it is a son of Zeus by Alcmena, a descendant of her own, that is to set Prometheus free.’. (shrink)

To explain the meaning of the Prometheus the late Dr. Walter Headlam quoted the famous lines from theAgamemnon:‘ Sing praise; ’Tis he hath guided, say, Man's feet in Wisdom's way, Stablishing fast for learning's rule That Suffering be her school….’ ‘This,’ he said, ‘is the school in which Prometheus himself is being gradually taught the wise humility; at present he is still in the rebellious stage. And it is with this idea that Io is introduced into the Prometheus Bound; she, (...) too, is an example of the seeming cruelty of Zeus; but it is a blessing in disguise, for she is to be the mother of the blessed Epaphus, and it is a son of Zeus by Alcmena, a descendant of her own, that is to set Prometheus free.’. (shrink)

La longue histoire de l’Acropole d’Athènes est une vitrine fascinante de la façon dont un patrimoine ancien peut être transformé, d’un sanctuaire païen à un sanctuaire chrétien, à une forteresse islamique, à l’autel symbolique de la Grèce moderne. De plus, ce site a suscité l’admiration presque religieuse des chercheurs et, comme dans le cas des marbres d’Elgin, a été contesté à de nombreux égards. L’auteur du volume analysé, William St Clair, un spécialiste des marbres d’Elgin et de divers a...

Your God is too small—way too small! What if God is not a human-like personal being but the God Beyond God of the Christian mystical traditions? What if God is the ultimate reality beyond all beings, including beyond all divine beings, indeed beyond all Being? It’s a mind-bending idea. Speaking of God as a human-like personal being is much easier but people who care about the deepest mystical understandings of God within our traditions need to make the effort to speak (...) about the God Beyond God, despite the difficulties. This book makes the attempt to speak of the God Beyond God in the language of the sermon, using metaphor and potent imagery tuned to the existential intensities of human life. The God Beyond God is closer to us than our jugular veins, vividly present in every moment of our lives. These sermons are practical and moving, and they also resonate with the most rigorous theological understandings of ultimate reality. Their deconstruction of our convenient fantasies about a divine being make these sermons emotionally intense and perhaps not suitable for beginners in the journey of faith. But veteran believers can breathe deeply in the air of these meditations, relaxing into the bliss of engaging ultimate reality without delusions, without deflections, and without controlling the object of our worship. (shrink)

This article argues that xing 性 in the Zhuangzi 莊子 should not be understood as “human nature” but as “human condition.” It introduces the problem of interpreting xing as “human nature” by surveying relevant English-language literature before detailing the interpretive paradigm of Chinese accounts showing how the latter’s appropriation of the language of substance ontology hinders an accurate portrayal of Daoist xing. It argues that xing should be interpreted in connection to the concept of ming 命understood as contingent, natural, and (...) temporal “external conditions”. It argues that xing are “internal conditions” that function in conjunction with ming as “external conditions” where “habit” (xi 習) mediates their interaction. (shrink)

In a paper recently published in this Review, I tried to show that part of the formal beauty of the Hercules Furens is due to a subtle treatment of the familiar doctrine that the tyrant's wealth and power are of trifling value compared with Sophrosune, the gain that is really gain. Perhaps some further notes on the dramatic use made by Euripides of these familiar ideas may be of interest. One object with which I started was to observe the use (...) of the word τúραννος in Greek drama. Though the poets frequently enough use it merely as a convenient equivalent for βασιλεúσetc., popular feeling made it easy to suggest the meaning ‘tyrant,’ ‘bad King,’ or ‘Usurper’; and the poets use the ambiguity with great subtlety and in a manner which enables them to obtain fine effects of irony and scorn. What is more important is the fact that the notion of a tyrant with which we are acquainted in later Greek literature was already common-place in the fifth century, and that many dramatic effects depend on the recognition by the audience of the commonplace as such. Indeed, it is often the adaptation by the poet of the familiar ideas that lends formal beauty to compositions which, if we think simply of the plot, appear at first sight jerky or ‘epeisodic.’. (shrink)