In lieu of an abstract, here is a brief excerpt of the content:The Truth Shall Make You FreireRobert CanterTeaching Contemporary Theory to Undergraduates, edited by Dianne F. Sadoff and William E. Cain; 271 pp. New York: Modern Language Association of America, 1994; $19.75, paper.IThe newest title in the MLA’s Options for Teaching series, this publication is well-timed. Concerns about “classroom advocacy” and “politicized teaching” have recycled into near-critical mass, even in the mass media. The book is well-arranged, too, with a (...) solid sample of deconstructionist, New Historicist, Marxist, feminist, and cultural studies, and more mix-and-match theorists describing their classroom aims and means in twenty-one essays grouped into four sections. Sadoff and Cain offer elegantly evasive introductions—not only to these essays per se, but to the issues these essays purport to address. In “Surveying Theory,” David B. Downing, John Kucich, Susan S. Lanser, Lynette Felber, Donald G. Marshall, and Gary Waller lay broadly “anti-foundational” groundwork. In “Focusing,” Diana Fuss, Sandra A. Grayson, Beverly Lyon Clark, Evan Carton, Laurie A. Finke, Jonathan Arac, and Cary Nelson deconstruct things in more detail. In “Theory and Culture,” Huston Diehl, Cannon Schmitt and Donald Ulin, Lindon Barrett, Simon Gikandi, D. N. Rodowick, and Jan Gorak again widen the scope of “theorized teaching,” aiming regulation anticanonical shrapnel at every bastion of coded convention. And while readers may pause over [End Page 336] its backcover promise of “lively and accessible prose,” on the whole, the book is unusually readable for an MLA publication about theory.Since Teaching Contemporary Theory to Undergraduates is a how-to directed at true-believers, it might seem like critical blindsiding to address its fundamental assumptions rather than its tactical suggestions, to focus on its “theory” rather than on its pedagogy. Yet such a focus is not only fair but necessary. The pedagogy is in this book a pawn of the theory. And the theory is, at best, a lesson in how not to teach students how to learn. For despite all its noisy celebrations of methodological, cultural, ontological, and occasionally even human “difference,” the anthology is really a chorus of self-defeating dogma. 1 Like the virtue of variety, even the relative absence of jargon here works as much against as for the book, revealing self-contradictions so perfectly unwitting that they are twice as funny. It is a good thing, then, that the authors eventually contradict these claims, too—even if they know not that they do.The canon? In accordance with postmodern tradition, “the canon” can be calibrated to be whatever best attacks whatever other tradition a particular theorist is aiming at. It is a very modular “monolith.” And theorists never try to “overdetermine” definitions, anyway. The classroom? As an “overdetermined” site of class-struggle, “the classroom (and the academy at large) is... a social institution designed to reproduce the interests, values, and politics of the dominant social classes” (p. 104). Convention? Anything “mainstream” is so polluted with “the notion of mastery, of total and complete knowledge” that even assigning “mainstream” theorists in a theory class “reproduces that hegemony, no matter how critically we read them” (pp. 105, 61). The runoff of mainstream theorists quoted here—conventional MLA Style—makes the same point. Culture? As always already—and only—“a struggle between power and its disenfranchised shadow,” culture “systematically excludes and marginalizes disenfranchised social members” (pp. 263–64, 20–21).Education? As Paulo Freire has revealed, 2 on the one, bad, goatish, wrong Right-wing hand of God, there is the repressive “banking” model of education; on the other, good-shepherdish, right Left-wing side, there is the liberating “problem-posing” model. You are either a droning clerk bent on subduing students into serfdom, or you are a resistance fighter lighting fuses of freedom. “Instrumental activity” does “pedagogical violence,” making the teacher a tyrant and the student a victim, a “submissive imitator” in a “system” that’s “abidingly committed [End Page 337] to the vision of a white-supremacist oligarchy.” Even asking students what level of “guidance” they feel they need is imposing “rhetorical control” (pp. 32, 23, 222, 135).Facts? The fact is, they are “the discursive gestures of the dominant groups” (p. 222). Unless they are... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 44, no. 2. © 2018 by Feminist Studies, Inc. 363 Ashley Glassburn Falzetti What Makes an Interdisciplinary Feminist Scholar? Preparing for the Unknown in a Skill-centered Curriculum I first read the 1998 special issue of Feminist Studies “Disciplining Feminism? The Future of Women’s Studies” in a monthly reading group of scholars from across the globe working on PhDs in women’s, gender, feminist, and/or queer studies (WGFQS).1 We (...) began meeting informally in the halls of the National Women’s Studies Association (NWSA) annual conference, discussing how our training compared and what sort of support was out there for scholars dissertating in WGFQS.2 What surprised us most while we re/read these articles was that the concerns about the field had not changed much in the twelve years that had passed since their original publication. Now that twenty years have passed, the concerns remain even though some of the controversies are settled. Despite claims about the impossibility of the women’s studies PhD, doctoral programs have flourished. In their introduction to the 1998 special issue, Nancy Hewitt and 1. I use WGFQS PhDs to refer to people who have earned a PhD from an interdisciplinary WGFQS doctoral program. The majority of WGFQS doctoral programs were founded on the ideals of interdisciplinarity. Some doctoral programs retained a joint-degree model that honors the multi-disciplinary origins of the field by requiring a major in a disciplinary field, such as English, history, psychology, or law. 2. The most active participants of this group included Sonja Thomas (who coordinated the discussions), Jennifer Musto, Stephanie Clare, Evangeline Heiliger, and Laura Foster. 364 Ashley Glassburn Falzetti Susan S. Lanser focus on the relationship between disciplinary formations and the possibility of formal preparation to conduct interdisciplinary research.3 As graduate programs were expanding, the role of methods in curriculum centered concerns over the efficacy of interdisciplinary training. Now that a critical mass of PhDs is trained in interdisciplinary WGFQS, a new understanding of the role of methods is emerging. Interdisciplinary feminist questions require scholars to employ new research skills regularly throughout their careers, thus preparing junior scholars to ask and answer questions well is more efficient than studying a range of methods. The Problem of Methods Throughout the early literature on WGFQS, there is slippage between discussing interdisciplinary methods and feminist methodology.4 Methods refer to the techniques researchers use to gather data, what Sally Kitch and Mary Margaret Fonow define in their study of WGFQS dissertations as “a technique for gathering evidence.”5 Feminist methodologies involve the ethical, political, and epistemological concerns that mark research as a distinctively feminist approach to inquiry. Slipping between discussions of feminist methodologies (on the dynamics of power, representation, and knowledge production) and disciplinary methods (how researchers gather data) has contributed to the sticky association of feminist interdisciplinarity as a “problem of methods.” Vivian May, one of the earliest WGFQS PhDs and former NWSA president, argues that the continued attachment to such disciplinary parameters “defused that potential” of interdisciplinarity as a means of transforming feminist modes of knowledge production.6 Arguments that feminist interdisciplinarity could be a more just or a more contextually objective 3. Nancy Hewitt and Susan S. Lanser, “Preface,” Feminist Studies 24, no. 2, special issue, “Disciplining Feminism? The Future of Women’s Studies” (Summer 1998): 236. 4. In addition to the 1998 special issue of Feminist Studies, see NWSA Journal 12, no. 2 (Summer 2000) and response essays across feminist studies journals between 2000 and 2003. 5. Sally L. Kitch and Mary Margaret Fonow, “Analyzing Women’s Studies Dissertations: Methodologies, Epistemologies, and Field Formation,” Signs: Journal of Women in Culture and Society 38, no. 1 (Autumn 2012): 99–126. 6. Vivian May, “Disciplinary Desires and Undisciplined Daughters,” NWSA Journal 14, no. 1 (Spring 2002): 144. Ashley Glassburn Falzetti 365 approach to inquiry fueled the desire to build WGFQS PhD programs; however, the concern that interdisciplinarity is always already undisciplined led many departments to rely on disciplinary methods training when designing curriculum. The focus on methods as a means to interdisciplinarity assumes that traditional disciplines are best suited to intellectual inquiry or at least that WGFQS scholars need a disciplinary rationale for... (shrink)

The first systematic exposition of all the central topics in the philosophy of logic, Susan Haack's book has established an international reputation for its accessibility, clarity, conciseness, orderliness, and range as well as for its thorough scholarship and careful analyses. Haack discusses the scope and purpose of logic, validity, truth-functions, quantification and ontology, names, descriptions, truth, truth-bearers, the set-theoretical and semantic paradoxes, and modality. She also explores the motivations for a whole range of non-classical systems of logic, including many-valued (...) logics, fuzzy logic, moddal and tense logics, and relevance logics. Persupposing only an elementary knowledge of formal logic, this book includes many useful summary tables and diagrams, as well as a helpful glossary of technical terms. Wide-ranging, informative, and eminently readable, this book has proven a valuable resource for generations of students and scholars in a variety of disciplines outside philosophy needing guidance on the philosophy of logic. (shrink)

Forthright and wryly humorous, philosopher Susan Haack deploys her penetrating analytic skills on some of the most highly charged cultural and social debates of recent years. Relativism, multiculturalism, feminism, affirmative action, pragmatisms old and new, science, literature, the future of the academy and of philosophy itself—all come under her keen scrutiny in _Manifesto of a Passionate Moderate_. "The virtue of Haack's book, and I mean _virtue_ in the ethical sense, is that it embodies the attitude that it exalts... Haack's (...) voice is urbane, sensible, passionate—the voice of philosophy that matters. How good to hear it again."—Jonathan Rauch, _Reason_ "A tough mind, confident of its power, making an art of logic... a cool mastery."—Paul R. Gross, _Wilson Quarterly_ "Few people are better able to defend the notion of truth, and in strong, clear prose, than Susan Haack... a philosopher of great distinction."—Hugh Lloyd-Jones, _National Review_ "If you relish acute observation and straight talk, this is a book to read."—_Key Reporter_ "Everywhere in this book there is the refreshing breeze of common sense, patiently but inexorably blowing."—Roger Kimball, _Times Literary Supplement_ "A refreshing alternative to the extremism that characterizes so much rhetoric today."—_Kirkus Reviews_. (shrink)

In this analysis of one of the most difficult and neglected topics in Hegelian studies, Songsuk Susan Hahn tackles the status of contradiction in Hegel's ...

After the success of the hardback, students and academics will welcome the publication of this book in paperback. The aim of the book is to explore the connection between two perspectives that have had a profound effect upon contemporary thought: post–modernism and feminism. Through bringing together and systematically analysing the relations between these, Hekman is able to make a major intervention into current debates in social theory and philosophy. The critique of Enlightenment knowledge, she argues, is at the core of (...) both post–modernism and feminism. Each also offers a basis for critical reflections about the other. In particular, post–modern philosophy provides a means of criticizing aspects of contemporary feminism and thus contributing to the development of a more sophisticated approach to current feminist issues. (shrink)

As the English word “scientism” is currently used, it is a trivial verbal truth that scientism—an inappropriately deferential attitude to science—should be avoided. But it is a substantial question when, and why, deference to the sciences is inappropriate or exaggerated. This paper tries to answer that question by articulating “six signs of scientism”: the honorific use of “science” and its cognates; using scientific trappings purely decoratively; preoccupation with demarcation; preoccupation with “scientific method”; looking to the sciences for answers beyond their (...) scope; denying the legitimacy or worth of non-scientific (e.g., legal or literary) inquiry, or of writing poetry or making art. (shrink)

It is often taken for granted by writers who propose--and, for that matter, by writers who oppose--'justifications' of inductions, that deduction either does not need, or can readily be provided with, justification. The purpose of this paper is to argue that, contrary to this common opinion, problems analogous to those which, notoriously, arise in the attempt to justify induction, also arise in the attempt to justify deduction.

How do our personalities and mental processes, our " states of consciousness" , derive from a gray mass of tissue with the consistency of a soft-boiled egg? How can mere molecules constitute an idea or emotion? Some of the most important questions we can ask are about our own consciousness. Our personalities, our individuality, indeed our whole reason for living, lie in the brain and in the elusive phenomenon of consciousness it generates. Thinkers in many disciplines have long struggled with (...) such questions, often in ways that have seemed incompatible, if not downright contradictory. Philosophers have meditated on the subjective experience of consciousness, with little attention to the physical realm, while scientists have sought to establish a causal relation between brain function and mind, often ignoring the qualitative aspects of experience. In Journey to the Centers of the Mind, neuroscientist Susan Greenfield offers an intriguing, unifying theory of consciousness that encompasses both phenomenological mental events and physical aspects of brain function. Using information gathered from clues in animal behavior, human brain damage, computer science, neurobiology, and philosophy, Greenfield offers a " concentric theory" of consciousness, and shows how certain events in the brain correspond to our qualitative experience of the world. Demonstrating the ways in which we can interpret the experience of consciousness in terms of interactions among neurons, she explores how much we can learn by continuing to find the links between our physical and mental inner worlds. (shrink)

Quine's naturalized epistemology is ambivalent between a modest naturalism according to which epistemology is an a posteriori discipline, an integral part of the web of empirical belief, and a scientistic naturalism according to which epistemology is to be conducted wholly within the natural sciences. This ambivalence is encouraged by Quine's ambiguous use of science, to mean sometimes, broadly, our presumed empirical knowledge and sometimes, narrowly, the natural sciences. Quine's modest naturalism is reformist, tackling the traditional epistemological problems in a novel (...) way; his scientistic naturalism is revolutionary, requiring restriction and reconceptualization of epistemological problems. In particular, his scientistic naturalism trivializes the question of the epistemic standing of the natural sciences, whereas modest naturalism takes it seriously, and can offer a plausible answer. (shrink)

“The most likely use for Haack’s volume will be in introductory pragmatism courses and it is eminently appropriate for this task. However, others who would wish to speak out about pragmatism authoritatively would do well to go through the book from cover to cover. Outside of philosophy, the volume provides an introduction to a vital aspect of what philosophy has to offer to other disciplines, psychology among them....it is hard to think what could have been done to improve upon the (...) collection.”. (shrink)

In 1949 Simone de Beauvoir asked, “What does it mean to be a woman?” Her answer to that question inaugurated a radical transformation of the meaning of “woman” that defined the direction of subsequent feminist theory. What Beauvoir discovered is that it is impossible to define “woman” as an equal human being in our philosophical and political tradition. Her effort to redefine “woman” outside these parameters set feminist theory on a path of radical transformation. The feminist theorists who wrote in (...) the wake of Beauvoir’s work followed that path. Susan Hekman’s original and highly engaging new book traces the evolution of “woman” from Beauvoir to the present. In a comprehensive synthesis of a number of feminist theorists she covers French feminist thinkers Luce Irigaray and Helene Cixous as well as theorists such as Carol Gilligan, Carole Pateman and Judith Butler. The book examines the relational self, feminist liberalism and Marxism, as well as feminist theories of race and ethnicity, radical feminism, postmodern feminism and material feminism. Hekman argues that the effort to redefine “woman” in the course of feminist theory is a cumulative process in which each approach builds on that which has gone before. Although they have approached “woman” from different perspectives, feminist theorists has moved beyond the negative definition of our tradition to a new concept that continues to evolve. The Feminine Subject is a remarkably succinct yet wide-ranging analysis which will appeal to all feminist scholars and students as well as anyone interested in the changing nature of feminism since the 1950s. (shrink)

In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the logical theology of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of axioms and corollaries; and (...) this element of truth is not obviated by the more powerful logical techniques that are now available. (shrink)

If successful scientific inquiry is to be possible, there must be a world that is independent of how we believe it to be, and in which there are kinds and laws; and we must have the sensory apparatus to perceive particular things and events, and the capacity to represent them, to form generalized explanatory conjectures, and check how these conjectures stand up to further experience. Whether these preconditions are met is not a question the sciences can answer; it is specifically (...) philosophical. This is why the myriad forms of scientistic philosophy in vogue today (neurophilosophy, experimental philosophy, naturalized metaphysics, evangelical-atheist reductionism, etc), are all hollow at the core. Does this mean we must return to the old, a priori analytic model? No! What is needed instead is scientific philosophy in the sense Peirce articulated more than a century ago: philosophy motivated by a genuine desire to discover the truth, and relying not solely on reason but also on experience—only not the special, recherché experience required by the sciences, but close attention to aspects of everyday experience so familiar we hardly notice them. (shrink)

A beneficial effect of gesture on learning has been demonstrated in multiple domains, including mathematics, science, and foreign language vocabulary. However, because gesture is known to co‐vary with other non‐verbal behaviors, including eye gaze and prosody along with face, lip, and body movements, it is possible the beneficial effect of gesture is instead attributable to these other behaviors. We used a computer‐generated animated pedagogical agent to control both verbal and non‐verbal behavior. Children viewed lessons on mathematical equivalence in which an (...) avatar either gestured or did not gesture, while eye gaze, head position, and lip movements remained identical across gesture conditions. Children who observed the gesturing avatar learned more, and they solved problems more quickly. Moreover, those children who learned were more likely to transfer and generalize their knowledge. These findings provide converging evidence that gesture facilitates math learning, and they reveal the potential for using technology to study non‐verbal behavior in controlled experiments. (shrink)

In this paper, we review two seemingly unrelated debates. In business ethics, the argument is about values: are they universal or emergent? In entrepreneurship, it is about opportunities – are they discovered or constructed? In reality, these debates are similar as they both overlook contingency. We draw insight from pragmatism to define contingency as possibility without necessity. We analyze real-life narratives and show how entrepreneurship and ethics emerge from our discussion as parallel streams of thought.

Realism is multiply ambiguous. The central concern of Part 1 of this paper is to distinguish several of its many senses — four (Theoretical Realism, Cumulative Realism, Progressive Realism and Optimistic Realism) in which it refers to theses about the status of scientific theories, and five (Minimal Realism, Ambitious Absolutism, Transcendentalism, Nidealism, Scholastic Realism) in which it refers to theses about the nature of truth or truth-bearers. Because Realism has these several, largely independent, senses, the conventional wisdom that Tarski's theory (...) of truth supports realism, and that the Meaning-Variance thesis undermines it, needs re-evaluation. The concern of the rest of the paper is to sort out in which senses the conventional wisdom, with respect to Tarski's theory (Part 2) and the Meaning-Variance thesis (Part 3), is correct. (shrink)

Haack articulates something of what she takes the moral demands of academic life to be, calling for such virtues as industry, honesty, realism, patience, and consideration. She then explains why she believes the current academic environment is sapping the strength of character these virtues require, and why graduate students are caught in the middle. She writes primarily about philosophy, but much of what she has to say applies to other humanities disciplines and much of that to other disciplines as well---and (...) while she writes primarily about the U.S. situation, much of what she says applies elsewhere too. (shrink)

Toys to overcome time, distance, and gravity -- To fly like a bird, not float like a cloud -- Finding a place in the world -- A new continent -- A new age-old problem to solve -- The physics of miniature worlds -- Models of wings and models of the world -- A world made of facts.

The prelims comprise: The Significance of Voluntariness Ordinary and Philosophical Notions of Voluntariness Constraint and Compulsion Force and Contrariety in the NE Knowledge and Ignorance The Platonic Asymmetry Thesis Responsibility for Character References Further reading.

A beneficial effect of gesture on learning has been demonstrated in multiple domains, including mathematics, science, and foreign language vocabulary. However, because gesture is known to co-vary with other non-verbal behaviors, including eye gaze and prosody along with face, lip, and body movements, it is possible the beneficial effect of gesture is instead attributable to these other behaviors. We used a computer-generated animated pedagogical agent to control both verbal and non-verbal behavior. Children viewed lessons on mathematical equivalence in which an (...) avatar either gestured or did not gesture, while eye gaze, head position, and lip movements remained identical across gesture conditions. Children who observed the gesturing avatar learned more, and they solved problems more quickly. Moreover, those children who learned were more likely to transfer and generalize their knowledge. These findings provide converging evidence that gesture facilitates math learning, and they reveal the potential for using technology to study non-verbal behavior in controlled experiments. (shrink)

The Oxford Handbook of Music Psychology is the definitive, comprehensive, and authoritative text on this burgeoning field. With contributions from over fifty experts in the field, the range and depth of coverage is unequalled. It will be an essential resource for students and researchers in psychology.

For ages, medicine has had poor access to the fetus inside the mother's womb. But in relatively recent years, the human body has become transparent. The latest breakthroughs of technology have made it possible, from the very beginning of pregnancy, to consider the fetus as an individual who can be examined and sampled. His or her physician may now establish a diagnosis and prognosis and prescribe a treatment in the same way as in traditional medicine.

This book combines the insights of enlightenment thinking and feminist theory to explore the significance of love in modern philosophy. The author argues for the importance of emotion in general, and love in particular, to moral and political philosophy, pointing out that some of the central philosophers of the enlightment were committed to a moralized conception of love. However, she believes that feminism's insights arise not from its attribution of special and distinctive qualities to women, but from its recognition of (...) human vulernability. (shrink)

Every action, touch, utterance, and look, every listening, taste, smell, and feel is a living question; but it is no ordinary propositional one-by-one question, rather it is a plenisentient sensing and probing non-propositional enquiry about how our world is, in its present continuous sense, and in relation to how we anticipate its becoming. I will take this assumption as my first premise and, by using the notion of enkinaesthesia, I will explore the ways in which an agent’s affectively-saturated co-engagement with (...) its world establishes patterns of co-articulation of meaning within the anticipatory affective dynamics and the experiential entanglement necessary for expedient action and adaptation. In advancing this thesis I will reject the minimalist notions of embodiment by amplifying and extending the claims made by the most radical of the embodied mind theories. Crucially, I will offer a new wave of embodiment theory which has at its core the radical extension of sensorimotor affect into the life and being of other agents where their experience is for us both direct and immediate. This I will present as an immanent intercorporeality. (shrink)

What is called legal pragmatism today is very different from the older style of legal pragmatism traditionally associated with Oliver Wendell Holmes; and there is much that is worthwhile on the conception of the law revealed by reading Holmes's The Path of the Law in the light of the classical pragmatist tradition of Peirce, James, and Dewey. Here, reflections on the varieties of pragmatism - philosophical and legal, old and new - will be wrapped around an exploration of Holmes's legal (...) philosophy and the strengths and weaknesses of his arguments. (shrink)

This paper investigates the following proposal about machine intelligence: that behaviour in which a habitual response that would have been inappropriate in a certain unfamiliar situation is overridden and replaced by a more appropriate response be considered evidence of intelligence. The proposal was made in an earlier paper (Sterrett 2000) and arose from an analysis of a neglected test for intelligence hinted at in Turing's legendary 'Computing Machinery and Intelligence'; it was also argued there that it was a more principled (...) test of machine intelligence than straightforward comparisons with human behaviour. The present paper first summarizes the previous claim then looks at writings about intelligence, or the lack of it, in animals and machines by various writers (Descartes, Hume, Darwin and James). It is then shown that, despite their considerable differences regarding fundamental things such as what kinds of creatures are intelligent and the relationship between reason, instinct and behaviour, all of these writers would regard behaviour that meets the proposed criterion as evidence of intelligence. Finally, some recent work in employing logic and reinforcement learning in conjunction with 'behaviour-based' principles in the design of intelligent agents is described; the significance for the prospect of machine intelligence according to the proposed criterion is discussed. (shrink)

ABSTRACTIn Democracy for Realists, Christopher Achen and Larry Bartels argue that voters are shortsighted and punish incumbents for politically irrelevant outcomes. These failings, in the authors’ view, mean that voters are incapable of holding politicians to account. But Achen and Bartels overstate voters’ failure to engage in effective retrospective voting. The authors also understate the degree to which accountability can be compatible with voters’ being myopic, such as when early- and late-term performance are correlated. Achen and Bartels also overlook evidence (...) that the American state acted as an insurer against social risk long before the New Deal, a fact that points to voters using relevant criteria when they appear to punish incumbents for natural disasters. Finally, while accountability is an important consequentialist reason for democracy, we should keep in mind non-consequentialist justifications for this system of government, in particular its instantiation of political equality. (shrink)

This article is a critique, first, of the theory of identity advanced by Judith Butler and many of the feminist critics of identity politics, and, second, of identity politics itself. I argue that Butler's rejection of the modernist subject for its opposite, the fictional, substanceless subject, is untenable. Looking to object relations theory, I argue instead for a concept of the subject as an ungrounded ground, occupying a middle ground between the postmodern and the modern subject. With regard to identity (...) politics I argue that instead of populating the political realm with multiple identities, we should instead remove identity entirely from the political realm. (shrink)

There is tension between the adversarialism of the U.S. legal culture and the investigative procedures of the sciences, and between the law's concern for finality and the open‐ended fallibilism of science. A long history of attempts to domesticate scientific testimony by legal rules of admissibility has left federal judges with broad screening responsibilities; recent adaptations of adversarialism in the form of court‐appointed experts have been criticized as “inquisitorial,” even “undemocratic.” In exploring their benefits and disadvantages, it would make sense to (...) look to the experience of other legal systems. (shrink)

In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing—as it often is in legal contexts—epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and (...) Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical probabilities: a point illustrated by comparing the advantages of a foundherentist analysis with the disadvantages of probabilistic analyses of the evidence in the Sacco and Vanzetti case (1921), and of the role of the statistical evidence in Collins (1968). (shrink)