There are legitimate worries about gaps between scientific evidence of brain states and function (for example, as evidenced by fMRI data) and legal criteria for determining criminal culpability. In this paper I argue that behavioral evidence of capacity, motive and intent appears easier for judges and juries to use for purposes of determining criminal liability because such evidence triggers the application of commonsense psychological (CSP) concepts that guide and structure criminal responsibility. In contrast, scientific (...) class='Hi'>evidence of neurological processes and function – such as evidence that the defendant has a large brain tumor – will not generally lead a judge or jury to directly infer anything that is relevant to the legal determination of criminal culpability . (Vincent 2008) In these cases, an expert witness will be required to indicate to the fact-finder what this evidence means with regard to mental capacity; and then another inference will have to be made from this possible lack of capacity to the legal criteria for guilt, cast in CSP terms.<br><br>To reliably link evidence of brain function and structure and assessment of criminal responsibility, we need to re-conceptualize the mental capacities necessary for responsibility, particularly those that are recognized as missing or compromised by the doctrines of “legal capacity” (Hart 1968) and “diminished capacity.” I argue that formulating these capacities as executive functions within the brain can provide this link. I further claim that it would be extremely useful to consider evidence of executive function as related to the diminished capacity doctrine at sentencing. This is because it is primarily at this stage in criminal proceedings where the use of the diminished capacity doctrine is most prevalent, as evidenced by the recent Supreme Court cases of Atkins v. Virginia (536 U.S. 304 (2002)) and Roper v. Simmons (543 U.S. 551 (2005)).<br>. (shrink)

Peter Achinstein has gathered some prominent philosophers and historians of science for critical and lively discussions of both general questions about the ...

Scientific evidence is crucial in a burgeoning number of litigated cases, legislative enactments, regulatory decisions, and scholarly arguments. Evaluating Scientific Evidence explores the question of what counts as scientific knowledge, a question that has become a focus of heated courtroom and scholarly debate, not only in the United States, but in other common law countries such as the United Kingdom, Canada and Australia. Controversies are rife over what is permissible use of genetic information, whether chemical (...) exposure causes disease, whether future dangerousness of violent or sexual offenders can be predicted, whether such time-honored methods of criminal identification have any better foundation than ancient divination rituals, among other important topics. This book examines the process of evaluating scientific evidence in both civil and criminal contexts, and explains how decisions by nonscientists that embody scientific knowledge can be improved. (shrink)

Considerations of scientific evidence are often thought to provide externalism with the dialectical upper hand in the internalism–externalism debate. How so? A couple of reasons are forthcoming in the literature. (1) Williamson (2000) argues that the E = K thesis (in contrast to internalism) provides the best explanation for the fact that scientists appear to argue from premises about true propositions (or facts) that are common knowledge among the members of the scientific community. (2) Kelly (Philosophy Compass, (...) 3 (5), 933–955, 2008; 2016) argues that only externalism is suited to account for the public character of scientific evidence. In this article, I respond to Williamson and Kelly’s arguments. First, I show that the E = K thesis isn’t supported by the way in which we talk about scientific evidence, and that it is unable to account for facts about what has been regarded as scientific evidence and as justified scientific belief in the history of science. Second, I argue that there are internalist views that can account for the publicity of scientific evidence, and that those views indeed do better in that regard than the (externalist) view proposed by Kelly. The upshot is that considerations of scientific evidence do not favor externalism over internalism. (shrink)

The paper considers the legal tools that have been developed in German pharmaceutical regulation as a result of the precautionary attitude inaugurated by the Contergan decision. These tools are the notion of “well-founded suspicion”, which attenuates the requirements for safety intervention by relaxing the requirement of a proved causal connection between danger and source, and the introduction of the reversal of proof burden in liability norms. The paper focuses on the first and proposes seeing the precautionary principle as an instance (...) of the requirement that one should maximise expected utility. In order to maximise expected utility certain probabilities are required and it is argued that objective Bayesianism offers the most plausible means to determine the optimal decision in cases where evidence supports diverging choices. (shrink)

Evidence is an objective matter. This is the prevailing view within science, and confirmation theory should aim to capture the objective nature of scientific evidence. Modeling an objective evidence relation in a probabilistic framework faces two challenges: the probabilities must have the right epistemic foundation, and they must be specifiable given the hypotheses and data under consideration. Here I will explore how Sober's approach to confirmation handles these challenges of foundation and specification. In particular, I will (...) argue that the specification problem proves especially difficult, and undermines the law of likelihood as an adequate representation of the objective nature of scientific evidence. (shrink)

The curse of dimensionality is one of the most prominent challenge that data scientists face when trying to make valuable inferences. It is an epistemic problem that hits particularly hard in "Big Data" research contexts, where the volume of the data set is particularly large. The way in which we tackle with this problem sheds light on the notion of scientific evidence. Yet, it is virtually absent from the current philosophical literature. In this paper, I aim to broaden (...) the focus of that literature by showing that the dimensions in which the data are embedded are an integral part of scientific evidence. This is an aspect of scientific evidence that is often hidden behind the traditional observation/theory dichotomy that we often encounter in philosophy of science. Dimensions are abstract objects. They are not observables like tables and chairs, nor are they entries in a data set. Ultimately, I aim to show that empirical adequacy is not merely a matter of finding the model that best fit the relevant observational data. It is also a matter of finding the model that best fit the relevant observational data inside the relevant dimensions. (shrink)

In place of the traditional epistemological view of knowledge as justified true belief we argue that artificial intelligence and law needs an evidence-based epistemology according to which scientific knowledge is based on critical analysis of evidence using argumentation. This new epistemology of scientific evidence (ESE) models scientific knowledge as achieved through a process of marshaling evidence in a scientific inquiry that results in a convergence of scientific theories and research results. We (...) show how a dialogue interface of argument from expert opinion, along with its set of critical questions, provides the argumentation component of the ESE. It enables internal scientific knowledge to be translated over into a wider arena in which individual nonexpert citizens and groups can make use of it. The external component shows how evidence is presented and used in a legal procedural setting that includes fact-finding, weighing the credibility of expert witnesses, and critical questioning of arguments. The paper critically reviews the standards of admissibility of scientific evidence using the ESE. (shrink)

The production of evidence for scientific hypotheses and theories often depends upon complex instruments and techniques for employing them. An important epistemological question arises as to how the reliability of these instruments and techniques is assessed. To address that question, this paper examines the introduction of electron microscopy and cell fractionation in cell biology. One important claim is that scientists often arrive at their techniques for employing instruments like the electron microscope and the ultracentrifuge by tinkering and that (...) they evaluate the resulting techniques in part by whether they produce plausible data given developing theories. (shrink)

The question of how scientific hypotheses and theories should be evaluated in light of evidence has been a central question in philosophy of science. Far less attention has been given to the questions of how evidence is developed and is itself evaluated. From this neglect, one might assume that the processes by which scientists develop and evaluate evidence are unproblematic. An examination of the actual practice of experimental scientists, however, reveals that they are far from unproblematic. (...) Much of the evidence used to assess scientific theories is gathered with elaborate instruments. At a given time many instruments used in a particular science are noncontroversial. The techniques for using them are agreed upon so that, in a fairly routine way, scientists are able to generate evidence to settle empirical or theoretical disputes. To capture the fact that such instruments and techniques are not questioned, Latour (1987) refers to them as black boxes. (shrink)

This paper argues in unprecedented empirical and philosophical detail that, given only what science has discovered about pain, we should prefer the materialist hypothesis that pains are purely material over the dualist hypothesis that they are immaterial. The empirical findings cited provide strong evidence for the thesis of empirical supervenience: that to every sort of introspectible change over time in pains, or variation among pains at a time, there corresponds in fact a certain sort of simultaneous neural change over (...) time, or variation at a time. The empirical supervenience of pain on the neural is shown in turn to favor the hypothesis that pains are, in a sense that is made precise, purely material. (shrink)

Evidence claims depend on fallible assumptions. Three strategies for making true evidence claims in spite of this fallibility are strengthening the support for those assumptions, weakening conclusions, and using multiple independent tests to produce robust evidence. Reliability itself, understood in frequentist terms, does not explain the usefulness of all three strategies; robustness, in particular, sometimes functions in a way that is not well-characterized in terms of reliability. I argue that, in addition to reliability, the security of (...) class='Hi'>evidence claims is of epistemic value, where an evidence claim is secure relative to an epistemic situation if it remains true in all scenarios that are epistemically possible relative to that epistemic situation. (shrink)

In recent years, the idea has been gaining ground that our traditional conceptions of knowledge and cognition are unduly limiting, in that they privilege what goes on inside the ‘skin and skull’ of an individual reasoner. Instead, it has been argued, knowledge and cognition need to be understood as embodied, situated, and extended. Whether these various interrelations and dependencies are ‘merely’ causal, or are in a more fundamental sense constitutive of knowledge and cognition, is as much a matter of controversy (...) as the degree to which they pose a challenge to ‘traditional’ conceptions of cognition, knowledge and the mind. In this paper we argue that when the idea of ‘extendedness’ is applied to a core concept in epistemology and the philosophy of science—namely, scientific evidence—things appear to be on a much surer footing. The evidential status of data gathered through extended processes—including its utility as justification or warrant—do not seem to be weakened by virtue of being extended, but instead are often strengthened because of it. Indeed, it is often precisely by virtue of this extendedness that scientific evidence grounds knowledge claims, which individuals may subsequently ascribe to themselves. The functional equivalence between machine-based gathering, filtering, and processing of data and human interpretation and assessment is the crucial factor in deciding whether evidence has been gathered, rather than the distinction between intra- and extracranial processes or individual and social processes. To prioritize biological processes here, and to assert the superiority of human cognitive capacities seems both arbitrary and unwarranted with respect to gathering evidence, and ultimately would lead to an unattractive skepticism about many of the methods used in science to gather evidence. In other words, conceiving of scientific evidence as ‘impersonal’ not only better captures the character of evidence-gathering in practice, but also makes sense of a large amount of evidence-gathering that ‘personal’ accounts fail to either acknowledge or accurately describe. Whilst we suggest it is likely that all internally-distributed evidence-gathering processes are merely contingently internal processes, a significant number of externally-distributed evidence-gathering processes are necessarily externally-distributed. Some evidence can only be gathered by extended epistemic agents. (shrink)

Johnson and Stricker published an opinion piece in the Journal of Medical Ethics presenting their perspective on the 2008 agreement between the Infectious Diseases Society of America (IDSA) and the Connecticut Attorney General with regard to the 2006 IDSA treatment guideline for Lyme disease. Their writings indicate that these authors hold unconventional views of a relatively common tick-transmitted bacterial infection caused by the spirochete Borrelia burgdorferi. Therefore, it should come as no surprise that their opinions would clash with the IDSA's (...) evidence-based guidelines for the diagnosis and treatment of Lyme disease. Their allegations of conflict of interest against the IDSA resemble those made against the National Institutes of Health, the Food and Drug Administration and the Centers for Disease Control and Prevention in 2000, which were found to be baseless. It is the responsibility of all physicians and medical scientists to stand up to antiscientific, baseless and unethical attacks on those who support an evidence-based approach to caring for patients. (shrink)

Several have argued that the aims of scientific research are not always independent of social and ethical values. Yet this is often assumed only to have implications for decisions about what is studied, or which research projects are funded, and not for methodological decisions or standards of evidence. Using the case of the recently developed HPV vaccines, we argue that the social aims of research can also play important roles in justifying decisions about (1) how research problems are (...) defined in drug development, (2) evidentiary standards used in testing drug “success”, and (3) clinical trial methodology. As a result, attending to the social aims at stake in particular research contexts will produce more rational methodological decisions as well as more socially relevant science. (shrink)

The basic understanding which underlies scientific evidence - ideas such as the structure of experiments, causality, repeatability, validity and reliability- is not straightforward. But these ideas are needed to judge evidence in school science, in physics or chemistry or biology or psychology, in undergraduate science, and in understanding everyday issues to do with science. It is essential to be able to be critical of scientific evidence. The authors clearly set out the principles of investigation so (...) that the reader will be confident in questioning the experts, making an informed choice or arriving at in informed opinion. The book is intended for a wide range of readers including those who want to: } collect their own evidence } be able to question and judge a wide range of science-based issues that we come across in the press or other media in everyday life } teach others how to understand evidence. This book has been developed from the authors' work with first year undergraduates in a combined science course and in primary teacher training for science specialists. It is suitable for students training as primary science specialists, and also for 'A' level and first-year undergraduates in science and science-related subjects. (shrink)

Several have argued that the aims of scientific research are not always independent of social and ethical values. Yet this is often assumed only to have implications for decisions about what is studied, or which research projects are funded, and not for methodological decisions or standards of evidence. Using the case of the recently developed HPV vaccines, we argue that the social aims of research can also play important roles in justifying decisions about (1) how research problems are (...) defined in drug development, (2) evidentiary standards used in testing drug “success”, and (3) clinical trial methodology. As a result, attending to the social aims at stake in particular research contexts will produce more rational methodological decisions as well as more socially relevant science. (shrink)

The kalam cosmological argument-perhaps the most discussed philosophical argument for God's existence in recent decades-maintains that whatever begins to exist must have a cause. And since the universe began to exist, there must be a transcendent cause of its beginning, a conclusion which is confirmatory of theism. So this medieval argument for the finitude of the past has received fresh wind in its sails from recent scientific discoveries. This collection reviews and assesses the merits of the latest scientific (...) evidences for the universe's beginning. It ends with the kalam argument's conclusion that the universe has a cause-a personal cause with properties of theological significance. (shrink)

"My road to atheism was paved by science...ironically, so was my later journey to God." Journalist and award-winning author of The Case for Christ Lee Strobel examines the idea that science isn't the enemy of faith, but that it provides a solid foundation for belief in God. New scientific discoveries point to the incredible complexity of our universe, a complexity best explained by the existence of a Creator. This six-session video study (DVD/digital video sold separately) invites participants to encounter (...) the evidence of a Creator. Join Strobel in reexamining the theories that once led him away from God. Pastors, small group leaders, and individuals seeking resources that answer tough questions about the existence of God and the claims of rationality will find compelling answers in The Case for a Creator study, investigating probing questions like: Where do science and faith overlap or agree? As a form of knowledge, what are the weaknesses of science and rationality? How much can I depend on science while still have a thriving faith? Is faith in God ever based on rationality? Sessions include: Science and God Doubts about Darwinism The Evidence of Cosmology The Fine-tuning of the Universe The Evidence of Biochemistry The DNA and the Origin of Life Designed for use with the Case for a Creator Revised Video Study 9780310699606 (sold separately). (shrink)

Evidence generation by current Social and Health Sciences is coping with some important barriers that difficult credibility of scientific products. Information and communication technologies have a strong impact over social relationships in our postmodern societies. The incidence of post-truth in our context is generating a pernicious relativism, far from contrasting the information veracity. The aim of this paper is to analyze and discuss the challenges of research methods and statistical models, more specifically for Psychological research, taking into account (...) the impact of novel techniques as big data and virtual reality. Special attention is also devoted to the discussion about statistical shortcomings of psychological research and to the reproducibility problem. Finally, some potential solutions are proposed to be applied in order to improve the quality of scientific evidence. (shrink)

This article sketches the main features of traditional philosophical models of evidence, indicating idealizations in such models that it regards as doing more harm than good. It then proceeds to elaborate on an alternative model of evidence that is functionalist, complex, dynamic, and contextual, a view the author calls dynamic evidential functionalism (DEF). This alternative builds on insights from philosophy of scientific practice, Kuhnian philosophy of science, pragmatist epistemology, philosophy of experimentation, and functionalist philosophy of mind. Along (...) the way, the article raises concerns about the total evidence condition, requirements of certainty or incorrigibility on evidence, and accounts that restrict the type of things that can serve as evidence (to, for example, sense data, facts about particulars). DEF can also help us see the special value of novel predictions and experiments as evidence, as well as help us think about how to critically evaluate the putative evidence to determine whether it is evidence. (shrink)

The anticipated third book from New York Times bestselling author and respected Intelligent Design scholar Stephen C. Meyer makes a compelling argument for the existence of God based on breakthroughs in physics, cosmology, and biology.

Scientific realism, the position that successful theories are likely to be approximately true, is threatened by the pessimistic induction according to which the history of science is full of suc- cessful, but false theories. I aim to defend scientific realism against the pessimistic induction. My main thesis is that our current best theories each enjoy a very high degree of predictive success, far higher than was enjoyed by any of the refuted theories. I support this thesis by showing (...) that both the amount, and quality, of scientific evidence has increased enormously in the recent past, resulting in a big boost of success for the best theories. (shrink)

Can scientific evidence prompt us to revise philosophical theories or folk theoretical accounts of phenomena of the mind? We will argue that it can—but only under the condition that they make a so-called ‘ontological commitment’ to something that is actually subject to empirical inquiry. In other words, scientific evidence pertaining to neuroanatomical structure or causal processes only has a refuting effect if philosophical theories and folk notions subscribe to either account. We will illustrate the importance of (...) ‘ontological commitment’ with the ‘neuroanatomical approach’ to amusement as proposed in a recent paper by Palencik :419–434, 2007). We will show that the scientific evidence presented in said neuroanatomical approach has no bearing on the conceptual issues, in that the philosophical theories and folk distinction that are criticized do not subscribe to any account of the underlying neuroanatomical structure or causal processes. Our suggestions in this paper are not limited to philosophical accounts of humor but apply to the relationship of philosophy, common sense and science in general. (shrink)

The more popular complementary and alternative medicine (CAM) has become, the more often it is demanded that the integration of CAM should be limited to those approaches that are scientifically proven to be effective. This paper argues that this demand is ethically and philosophically questionable. The clinical legitimacy being gained by CAM and its increasing informal integration should instead caution against upholding the biomedical framework and evidence-based medicine as conditions of acceptance. Patients’ positive experiences with CAM deserve a truly (...) scientific exploration of non-biomedical conceptualizations of health and illness. It is also problematic to request scientific evidence when there is proven resistance against CAM in research institutions, under-funding and a lack of suitable research methodologies. This is even more so, when much conventional medicine is not practiced with the same level of evidence as demanded from CAM. (shrink)

The evidence with respect to scientific claims is like empirical eviderwe generally — only more so: more complex, more dependent on instruments, etc., and usually a shared resource. Warranted scientific claims are always warranted by somebody's, or somebodies', experience, and somebody's or, somebodies', reasoning; so a theory of warrant must begin with the personal and then move to the social before it can get to grips with the impersonal sense in which we speak of a well-warranted claim (...) or ill-founded conjecture. (shrink)

Scientific disagreements are an important catalyst for scientific progress. But what happens when scientists disagree amidst times of crisis, when we need quick yet reliable policy guidance? In this paper we provide a normative account for how scientists facing disagreement in the context of ‘fast science’ should respond, and how policy makers should evaluate such disagreement. Starting from an argumentative, pragma-dialectic account of scientific controversies, we argue for the importance of ‘higher-order evidence’ (HOE) and we specify (...) desiderata for scientifically relevant HOE. We use our account to analyze the controversy about the aerosol transmission of COVID-19. (shrink)

Reflectance realism is an important position in the philosophy of colour. This paper is an examination of David R. Hilbert’s case for there being scientific support for the theory. The specific point in question is whether colour science has shown that reflectance is recovered by the human visual system. Following a discussion of possible counter-evidence in the recent scientific literature, I make the argument that conflicting interpretations of the data on reflectance recovery are informed by different theoretical (...) assumptions about the nature of
colour, and of perception. If this is so, there cannot be neutral empirical
evidence on this point, and this does seem to undermine Hilbert’s claim for
empirical support. In the end, I suggest alternative ways of thinking about the relationship between colour ontology and empirical work on colour. (shrink)

What happens during a near-death experience? In an accessible style, this text reviews recent research about unbelievable events, creating an account of activity at the boundaries of science. It also examines research concerns, current theories, methodological issues and clinical implications.

Concepts and problems; The calculus of inductive probability; Alternative inductive logics and the justification of induction; Probability and action; The pragmatic theory of inductive probability; The logic of causal statements as a formal language; The logic of causal statements as a model of natural language; The dispositional theory of empirical probability; Cause and chance in space - time systems; The presupposition of theory induction; Chance, cause, and reason.

The use of neuroscientific evidence in criminal trials has been steadily increasing. Despite progress made in recent decades in understanding the mechanisms of psychological and behavioral functioning, neuroscience is still in an early stage of development and its potential for influencing legal decision-making is highly contentious. Scholars disagree about whether or how neuroscientific evidence might impact prescriptions of criminal culpability, particularly in instances in which evidence of an accused’s history of mental illness or brain abnormality is offered (...) to support a plea of not criminally responsible. In the context of these debates, philosophers and legal scholars have identified numerous problems with admitting neuroscientific evidence in legal contexts. To date, however, less has been said about the challenges of evaluating the evidence upon which integrative mechanistic explanations that bring together evidence from different areas of neuroscience are based. As we explain, current criteria for evaluating such evidence to determine its admissibility in legal contexts are inadequate. Appealing to literature in the philosophy of scientific experimentation and theoretical work in the social, cognitive and behavioral sciences, we lay the groundwork for reforming these criteria and identify some of the implications of modifying them. (shrink)

Varieties of Anomalous Experience: Examining the Scientific Evidence. Etzel Cardeña. Steven Jay Lynn. and Stanley Krippner (Eds.). Washington, D.C.: American Psychological Association, 2000. 476 pp., $39.95 (cloth).

The desire to maintain current beliefs can lead individuals to evaluate contrary evidence more critically than consistent evidence. We test whether priming individuals’ scientific reasoning...

Lipton contends that the no-miracle argument is illegitimate, because it fails to adduce new evidence beyond that cited by scientists for their theories. The debate on this issue between Lipton and Psillos has focussed on whether there is a construal of the no-miracle argument in relation to first-order scientific inferences that can yield new evidence. I move away from this focus without taking sides, and argue that the no-miracle argument, on its two popular interpretations, is as legitimate, (...) cogent, and useful an inductive argument for scientific realism as first-order scientific inferences to the best explanation even if it does not add to scientific evidence. (shrink)

In this book, Peter Achinstein proposes and defends several objective concepts of evidence. He then explores the question of whether a scientific method, such as that represented in the four "Rules for the Study of Natural Philosophy" that Isaac Newton invoked in proving his law of gravity, can be employed in demonstrating how the proposed definitions of evidence are to be applied to real scientific cases.

Data which constitute satisfactory evidence in other contexts are sometimes not treated as valid evidence in the context of scientic conrmation. I give a justicatory explanation of this fact, appealing to the incentives, biases, and social situatedness of scientists.

The forgetting and remembering phenomena that Erdelyi outlines here have little to do with the concept of repression. None of the research that he describes shows that it is possible for people to repress (and then recover) memories for entire, significant, and potentially emotion-laden events. In the absence of scientific evidence, we continue to challenge the validity of the concept of repression.

In recent decades a number of criminal convictions have been reversed on appeal, partially on the basis of problems associated with the use of scientific evidence adduced by the prosecution during the trial. These miscarriage of justice cases have received considerable attention from news media, legal commentators, criminologists and in formal public inquiries. Most responses to these cases have been critical of the scientific evidence originally relied upon at trial. Few commentators have been critical of, or (...) even reflective about, the scientific evidence used to acquit. Generally, their analyses have utilized idealized images of science and scientists. In contrast, by importing the concept of methodological symmetry from science studies, this paper aims to identify and explore the conceptual disparity (or asymmetry) between the assessment of scientific evidence used to convict and the scientific evidence used to acquit. In order to illustrate some of the limits to conventional approaches to miscarriages of justice as well as examine the judicial use of scientific evidence this will be undertaken in relation to the successful appeal of the Birmingham Six. (shrink)