Results for 'preponderance of evidence '

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  1.  18
    Recent Developments in Health Law: Constitutional Law: Despite Reservations, the Second Circuit Defers to State Court's Determination That a Preponderance of the Evidence Standard is Constitutional for Recommitment of NRRMDD Defendants – Ernst J. v. Stonea.Erika Wilkinson - 2006 - Journal of Law, Medicine and Ethics 34 (4):826-828.
    The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead not (...)
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  2. Legal Burdens of Proof and Statistical Evidence.Georgi Gardiner - forthcoming - In James Chase & David Coady (eds.), The Routledge Handbook of Applied Epistemology. Routledge.
    In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential (...)
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  3. 'More Likely Than Not' - Knowledge First and the Role of Statistical Evidence in Courts of Law.Michael Blome-Tillmann - 2017 - In Adam Carter, Emma Gordon & Benjamin Jarvis (eds.), Knowledge First - Approaches in Epistemology and Mind. Oxford, UK: Oxford University Press. pp. 278-292.
    The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the (...)
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  4. Statistical Evidence, Normalcy, and the Gatecrasher Paradox.Michael Blome-Tillmann - 2020 - Mind 129 (514):563-578.
    Martin Smith has recently proposed, in this journal, a novel and intriguing approach to puzzles and paradoxes in evidence law arising from the evidential standard of the Preponderance of the Evidence. According to Smith, the relation of normic support provides us with an elegant solution to those puzzles. In this paper I develop a counterexample to Smith’s approach and argue that normic support can neither account for our reluctance to base affirmative verdicts on bare statistical evidence (...)
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  5. Sensitivity, Causality, and Statistical Evidence in Courts of Law.Michael Blome-Tillmann - 2015 - Thought: A Journal of Philosophy 4 (2):102-112.
    Recent attempts to resolve the Paradox of the Gatecrasher rest on a now familiar distinction between individual and bare statistical evidence. This paper investigates two such approaches, the causal approach to individual evidence and a recently influential (and award-winning) modal account that explicates individual evidence in terms of Nozick's notion of sensitivity. This paper offers counterexamples to both approaches, explicates a problem concerning necessary truths for the sensitivity account, and argues that either view is implausibly committed to (...)
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  6. Civil liability and the 50%+ standard of proof.Martin Smith - 2021 - International Journal of Evidence and Proof 25 (3):183-199.
    The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. (...)
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  7. The Reasonable and the Relevant: Legal Standards of Proof.Georgi Gardiner - 2019 - Philosophy and Public Affairs 47 (3):288-318.
    According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that (...)
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  8. When Does Evidence Suffice for Conviction?Martin Smith - 2018 - Mind 127 (508):1193-1218.
    There is something puzzling about statistical evidence. One place this manifests is in the law, where courts are reluctant to base affirmative verdicts on evidence that is purely statistical, in spite of the fact that it is perfectly capable of meeting the standards of proof enshrined in legal doctrine. After surveying some proposed explanations for this, I shall outline a new approach – one that makes use of a notion of normalcy that is distinct from the idea of (...)
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  9.  82
    Predominant sources and contributors of influential business ethics research: evidence and implications from a threshold citation analysis.Kam C. Chan, Hung-Gay Fung & Jot Yau - 2013 - Business Ethics, the Environment and Responsibility 22 (3):263-276.
    Influential or frequently cited business ethics research does not appear in a vacuum; our study reveals its predominant sources and contributors by discipline. By examining citations from articles published in three top business ethics journals (Journal of Business Ethics, Business Ethics Quarterly and Business Ethics: A European Review) over the period 2004–2008, we document that the preponderance of influential business ethics research comes primarily from the management faculty. In addition, management journals and management books are the predominant sources for (...)
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  10. Belief, Credence and Statistical Evidence.Davide Fassio & Jie Gao - 2020 - Theoria 86 (4):500-527.
    According to the Rational Threshold View, a rational agent believes p if and only if her credence in p is equal to or greater than a certain threshold. One of the most serious challenges for this view is the problem of statistical evidence: statistical evidence is often not sufficient to make an outright belief rational, no matter how probable the target proposition is given such evidence. This indicates that rational belief is not as sensitive to statistical (...) as rational credence. The aim of this paper is twofold. First, we argue that, in addition to playing a decisive role in rationalizing outright belief, non-statistical evidence also plays a preponderant role in rationalizing credence. More precisely, when both types of evidence are present in a context, non-statistical evidence should receive a heavier weight than statistical evidence in determining rational credence. Second, based on this result, we argue that a modified version of the Rational Threshold View can avoid the problem of statistical evidence. We conclude by suggesting a possible explanation of the varying sensitivity to different types of evidence for belief and credence based on the respective aims of these attitudes. (shrink)
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  11.  23
    Normative Philosophy of Science: Responding to Special-Interest Science.Kristin Shrader-Frechette - 2018 - Axiomathes 28 (6):679-693.
    This article shows why it is important to do normative or practical philosophy of science, especially philosophy of science that criticizes and evaluates contemporary use of scientific methods to analyze welfare-affecting societal problems. The article introduces the scientific, ethical, and social problem of environmental injustice—disproportionate environmental and pollution threats that are responsible for roughly 40% of all preventable disease and death. Next it explains that many deadly threats continue in part because of “special-interest science”, methodologically flawed science that is done (...)
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  12. Res Obscurissima: The Origin of the Soul in Augustine's "de Genesi Ad Litteram".Michael Mendelson - 1990 - Dissertation, University of California, San Diego
    This dissertation is a detailed exploration of Augustine's discussion of the origin of the human soul in the De Genesi ad Litteram. The two central problems addressed are: Why does Augustine abruptly and without explanation abandon his two-phase view of creation and reduce his three hypotheses of the soul's origin to two?, and Why, in spite of what seems to be a preponderance of evidence in favor of the traducianist hypothesis, does Augustine resist it? It is argued that (...)
     
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  13.  27
    The Reasonableness of Agnosticism.Alan Brinton - 1984 - Religious Studies 20 (4):627 - 630.
    Agnostics often hold that, since there is not a clear preponderance of evidence either in favour of theistic belief or against it, their position of suspended belief is more rational than either theism or atheism. I would like to examine an objection raised recently by Clement Dore against the agnostic's reasoning on this matter.
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  14.  13
    The Works of Richard Rufus of Cornwall - The State of the Question in 2009.Rega Wood - 2009 - Recherches de Theologie Et Philosophie Medievales 76 (1):1-73.
    The preponderance of the evidence indicates that Richard Rufus wrote the commentary on Aristotle’s Physics I published in 2003 as well as two commentaries on the Metaphysics. Rufus’ Aristotle commentaries date from the 1230’s as is clear from his own and Roger Bacon’s references. Twice in an undisputed Metaphysics commentary Rufus cites the distinctive and unchanging views about instantaneous change he stated «in Physicis» or «super librum Physicorum». Of course, some of his other opinions changed. In the course (...)
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  15.  65
    Proving causation: The holism of warrant and the atomism of daubert.Susan Haack - 2008 - Journal of Health and Biomedical Law 4:253-289.
    In many toxic-tort cases - notably in Oxendine v. Merrell Dow Pharmaceuticals, Inc, and in Joiner v. G.E., - plaintiffs argue that the expert testimony they wish to present, though no part of it is sufficient by itself to establish causation "by a preponderance of the evidence," is jointly sufficient to meet this standard of proof; and defendants sometimes argue in response that it is a mistake to imagine that a collection of pieces of weak evidence can (...)
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  16.  32
    Out of Order: Function and Malfunction in the Biological and Biomedical Sciences.Isabella Sarto-Jackson - 2018 - Biological Theory 13 (1):1-3.
    There is a conceptual crisis in the biomedical sciences that is particularly salient in psychopathology research. Underlying the crisis is a controversy that pertains to the current medical model of disease that largely draws from causal-mechanistic explanations. The bedrock of this model is the analysis of biological part-dysfunctions that aims at unequivocally defining a pathological condition and demarcating it from its neighboring entities. This endeavor has led to a quest for physiological, biochemical, and genetic signatures. Yet, so far there is (...)
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  17.  37
    Social versus reproductive success: The central theoretical problem of human sociobiology.Daniel R. Vining - 1986 - Behavioral and Brain Sciences 9 (1):167-187.
    The fundamental postulate of sociobiology is that individuals exploit favorable environments to increase their genetic representation in the next generation. The data on fertility differentials among contemporary humans are not cotvietent with this postulate. Given the importance ofHomo sapiensas an animal species in the natural world today, these data constitute particularly challenging and interesting problem for both human sociobiology and sociobiology as a whole.The first part of this paper reviews the evidence showing an inverse relationship between reproductive fitness and (...)
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  18. The “She Said, He Said” Paradox and the Proof Paradox.Georgi Gardiner - forthcoming - In Zachary Hoskins and Jon Robson (ed.), Truth and Trial.
    This essay introduces the ‘she said, he said’ paradox for Title IX investigations. ‘She said, he said’ cases are accusations of rape, followed by denials, with no further significant case-specific evidence available to the evaluator. In such cases, usually the accusation is true. Title IX investigations adjudicate sexual misconduct accusations in US educational institutions; I address whether they should be governed by the ‘preponderance of the evidence’ standard of proof or the higher ‘clear and convincing evidence (...)
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  19.  43
    Time for a Change: Topical Amendments to the Medical Model of Disease.Isabella Sarto-Jackson - 2018 - Biological Theory 13 (1):29-38.
    There is a conceptual crisis in the biomedical sciences that is particularly salient in psychopathology research. Underlying the crisis is a controversy that pertains to the current medical model of disease that largely draws from causal-mechanistic explanations. The bedrock of this model is the analysis of biological part-dysfunctions that aims at unequivocally defining a pathological condition and demarcating it from its neighboring entities. This endeavor has led to a quest for physiological, biochemical, and genetic signatures. Yet, so far there is (...)
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  20.  7
    Preparing for the Death of a Loved One.Robert Ginsberg - 2019 - Journal of Scientific Exploration 33 (1).
    It often makes for interesting discussion whether or not knowledge of survival evidence makes one more prepared for the death of a loved one. Raw emotion will almost always win out over intellectual reasoning, so the very notion of being prepared may be nothing more than fanciful thinking. However, a recent occurrence in my life has led me to believe that knowledge and experience can lead to acceptance. After losing my fifteen year old daughter in the blink of an (...)
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  21.  77
    A Note on Aristotle's Principle of Non-Contradiction.Montgomery Furth - 1986 - Canadian Journal of Philosophy 16 (3):371-381.
    In what follows I will say little if anything about the animadversions vis-à-vis Irwin and Lukasiewicz and Owen, because there is so much of such greater interest in what Code has told us about Aristotle, the great preponderance of which, in my opinion, is true. I will review some of this truth, specify one place where I have trouble reconciling his account with the evidence, and then try to give a better account that I think is entirely compatible (...)
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  22.  12
    Foundations of Evidence Law.Alex Stein - 2005 - Oxford University Press.
    This is the first book to systematically examine the underlying theory of evidence in Anglo-American legal systems. Stein develops a detailed and innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy, he argues instead that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty.
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  23. Absence of evidence and evidence of absence: evidential transitivity in connection with fossils, fishing, fine-tuning, and firing squads.Elliott Sober - 2009 - Philosophical Studies 143 (1):63-90.
    “Absence of evidence isn’t evidence of absence” is a slogan that is popular among scientists and nonscientists alike. This article assesses its truth by using a probabilistic tool, the Law of Likelihood. Qualitative questions (“Is E evidence about H ?”) and quantitative questions (“How much evidence does E provide about H ?”) are both considered. The article discusses the example of fossil intermediates. If finding a fossil that is phenotypically intermediate between two extant species provides (...) that those species have a common ancestor, does failing to find such a fossil constitute evidence that there was no common ancestor? Or should the failure merely be chalked up to the imperfection of the fossil record? The transitivity of the evidence relation in simple causal chains provides a broader context, which leads to discussion of the fine-tuning argument, the anthropic principle, and observation selection effects. (shrink)
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  24. Concepts of evidence.Peter Achinstein - 1978 - Mind 87 (345):22-45.
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  25.  15
    On the Preconditions and Essential Elements of Consciousness.F. I. Georgiev & G. F. Khrustov - 1966 - Russian Studies in Philosophy 4 (4):42-48.
    Investigation of the factors in natural history which conditioned the appearance of consciousness, that specifically human form of mental activity, necessarily presumes, in particular, a study of its functional preconditions or, in other words, of the higher forms of animal activity involving objects and of the corresponding mental processes. It is not enough to know the general psychological qualities of animals, the general principles by which their behavior is shaped, principles and properties offering evidence of a type of vital (...)
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  26.  2
    Beyond the Minsky and Polanyi Moments: Social Origins of the Foreclosure Crisis.Kurtuluş Gemici - 2016 - Politics and Society 44 (1):15-43.
    The period of very high foreclosure rates sets the 2007–8 financial meltdown apart from similar banking crises fueled by asset price booms. Why did the 2007–8 meltdown lead to a prolonged foreclosure crisis? Through a theoretical perspective built on Minsky’s financial instability hypothesis, Polanyi’s ideas about adverse consequences of commodity fiction, financialization of homes, and institutional coupling, I argue that commodifying houses as financial assets exposed mortgage loan holders to price fluctuations originating in capital markets and elevated their risk of (...)
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  27. The Book of Evidence.Peter Achinstein - 2001 - Oxford University Press.
    What is required for something to be evidence for a hypothesis? In this fascinating, elegantly written work, distinguished philosopher of science Peter Achinstein explores this question, rejecting typical philosophical and statistical theories of evidence. He claims these theories are much too weak to give scientists what they want--a good reason to believe--and, in some cases, they furnish concepts that mistakenly make all evidential claims a priori. Achinstein introduces four concepts of evidence, defines three of them by reference (...)
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  28. Evidence of Evidence as Higher Order Evidence.Anna-Maria A. Eder & Peter Brössel - 2019 - In Mattias Skipper & Asbjørn Steglich-Petersen (eds.), Higher-Order Evidence: New Essays. Oxford University Press. pp. 62-83.
    In everyday life and in science we acquire evidence of evidence and based on this new evidence we often change our epistemic states. An assumption underlying such practice is that the following EEE Slogan is correct: 'evidence of evidence is evidence' (Feldman 2007, p. 208). We suggest that evidence of evidence is best understood as higher-order evidence about the epistemic state of agents. In order to model evidence of evidence (...)
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  29. Evidence of evidence is not (necessarily) evidence.Branden Fitelson - 2012 - Analysis 72 (1):85-88.
    In this note, I consider various precisifications of the slogan ‘evidence of evidence is evidence’. I provide counter-examples to each of these precisifications (assuming an epistemic probabilistic relevance notion of ‘evidential support’).
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  30. Evidence of evidence is evidence under screening-off.William Roche - 2014 - Episteme 11 (1):119-124.
    An important question in the current debate on the epistemic significance of peer disagreement is whether evidence of evidence is evidence. Fitelson argues that, at least on some renderings of the thesis that evidence of evidence is evidence, there are cases where evidence of evidence is not evidence. I introduce a condition and show that under this condition evidence of evidence is evidence.
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  31.  9
    Variety of evidence in multimessenger astronomy.Shannon Sylvie Abelson - 2022 - Studies in History and Philosophy of Science Part A 94 (C):133-142.
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  32. Theories of Evidence: Bentham and Wigmore.William Twining - 1985 - Stanford University Press.
    The Rationalist Tradition of evidence scholarship1 The history of the law of evidence is the history of a series of largely isolated responses to particular ...
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  33. Wars of Terror.Noam Chomsky - unknown
    It had been recognized for some time that with new technology, the industrial powers would probably lose their virtual monopoly of violence, retaining only an enormous preponderance. Well before 9/11, technical studies had concluded that “a well-planned operation to smuggle WMD into the United States would have at least a 90 percent probability of success—much higher than ICBM delivery even in the absence of [National Missile Defense].†That has become “America’s Achilles Heel,†a study with that title concluded several (...)
     
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  34. Evidence of evidence is evidence.Juan Comesaña & Eyal Tal - 2015 - Analysis 75 (4):557-559.
    Richard Feldman has proposed and defended different versions of a principle about evidence. In slogan form, the principle holds that ‘evidence of evidence is evidence’. Recently, Branden Fitelson has argued that Feldman’s preferred rendition of the principle falls pray to a counterexample related to the non-transitivity of the evidence-for relation. Feldman replies arguing that Fitelson’s case does not really represent a counterexample to the principle. In this note, we argue that Feldman’s principle is trivially true.
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  35.  28
    Variety of Evidence.Jürgen Landes - 2020 - Erkenntnis 85 (1):183-223.
    Varied evidence confirms more strongly than less varied evidence, ceteris paribus. This epistemological Variety of Evidence Thesis enjoys widespread intuitive support. We put forward a novel explication of one notion of varied evidence and the Variety of Evidence Thesis within Bayesian models of scientific inference by appealing to measures of entropy. Our explication of the Variety of Evidence Thesis holds in many of our models which also pronounce on disconfirmatory and discordant evidence. We (...)
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  36. Questions of evidence in evidence-based policy.Eleonora Montuschi - 2009 - Axiomathes 19 (4):425-439.
    Evidence-based approaches to policy-making are growing in popularity. A generally embraced view is that with the appropriate evidence at hand, decision and policy making will be optimal, legitimate and publicly accountable. In practice, however, evidence-based policy making is constrained by a variety of problems of evidence. Some of these problems will be explored in this article, in the context of the debates on evidence from which they originate. It is argued that the source of much (...)
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  37.  44
    Variety-of-evidence reasoning about the distant past: A case study in paleoclimate reconstruction.Martin A. Vezér - 2017 - European Journal for Philosophy of Science 7 (2):257-265.
    The epistemology of studies addressing questions about historical and prehistorical phenomena is a subject of increasing discussion among philosophers of science. A related field of inquiry that has yet to be connected to this topic is the epistemology of climate science. Branching these areas of research, I show how variety-of-evidence reasoning accounts for scientific inferences about the past by detailing a case study in paleoclimate reconstruction. This analysis aims to clarify the logic of historical inquiry in general and, by (...)
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  38.  19
    Variety of evidence and the elimination of hypotheses.Jürgen Landes - 2020 - European Journal for Philosophy of Science 10 (2):1-17.
    Varied evidence for a hypothesis confirms it more strongly than less varied evidence, ceteris paribus. This epistemological Variety of Evidence Thesis enjoys long-standing widespread intuitive support. Recent literature has raised serious doubts that the correlational approach of explicating the thesis can vindicate it. By contrast, the eliminative approach due to Horwich vindicates the Variety of Evidence Thesis but only within a relatively narrow domain. I investigate the prospects of extending the eliminative approach to a larger domain (...)
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  39. The Philosophy of Evidence-Based Medicine.Jeremy H. Howick - 2011 - Wiley-Blackwell, Bmj Books.
    The philosophy of evidence-based medicine -- What is EBM? -- What is good evidence for a clinical decision? -- Ruling out plausible rival hypotheses and confounding factors : a method -- Resolving the paradox of effectiveness : when do observational studies offer the same degree of evidential support as randomized trials? -- Questioning double blinding as a universal methodological virtue of clinical trials : resolving the Philip's paradox -- Placebo controls : problematic and misleading baseline measures of effectiveness (...)
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  40.  10
    Concept of Evidence and the Quality of Evidence-Based Reasoning in Elementary Students.Andrea Miralda-Banda, Merce Garcia-Mila & Mark Felton - 2021 - Topoi 40 (2):359-372.
    The present study has two goals: to explore elementary students’ understanding of evidence and the ways they deploy it to construct arguments, and to examine whether eliciting their concept of evidence during argumentation improves students’ evidence-based reasoning. Individual semi-structured interviews were conducted with 4th and 6th graders in a public school in Mexico. We found significant differences between groups regarding the concept of evidence, with better performance in the older group. A positive correlation between the concept (...)
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  41.  45
    Precis of Evidence and Inquiry: Towards Reconstruction in EpistemologyEvidence and Inquiry: Towards Reconstruction in Epistemology. [REVIEW]Susan Haack - 1996 - Philosophy and Phenomenological Research 56 (3):611.
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  42. Absence of Evidence and Evidence of Absence.Klaas J. Kraay - 2007 - Faith and Philosophy 24 (2):203-228.
    I defend the first premise of William Rowe’s well-known arguments from evil against influential criticisms due to William Alston. I next suggest that the central inference in Rowe’s arguments is best understood to move from the claim that we have an absence of evidence of a satisfactory theodicy to the claim that we have evidence of absence of such a theodicy. I endorse the view which holds that this move succeeds only if it is reasonable to believe that (...)
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  43.  39
    Evaluation of Evidence in Group Selection Debates.Elisabeth A. Lloyd - 1986 - PSA: Proceedings of the Biennial Meeting of the Philosophy of Science Association 1986:483 - 493.
    I address the controversy in evolutionary biology concerning which levels of biological entity (units) can and do undergo natural selection. I refine a definition of the unit of selection, first presented by William Wimsatt, that is grounded in the structure of natural selection models. I examine Elliott Sober's objection to this structural definition, the "homogeneous populations" problem; I find that neither the proposed definition nor Sober's own causal account can solve the problem. Sober, in his solution using his causal view, (...)
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  44.  60
    The concept of evidence in evidence‐based practice.Tone Kvernbekk - 2011 - Educational Theory 61 (5):515-532.
    There exists a vast literature on evidence‐based practice in education. The debate branches out in several directions, for example, what EBP entails for the nature of educational practice, what it entails for the teaching profession, what counts as use and abuse of evidence, and what educational research could or should contribute to a what works kind of practice. In this essay Tone Kvernbekk focuses on the fate of the concept of evidence in the debate, observing that the (...)
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  45.  4
    Phenomenology of Evidence: Promises, Problems, and Prospects.George Heffernan - 2015 - Dialogue and Universalism 25 (3):9-24.
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  46. Philosophy of Evidence Based Medicine (Oxford Bibliography: http://www.oxfordbibliographies.com/view/document/obo-9780195396577/obo-9780195396577-0253.xml).Jeremy Howick, Ashley Graham Kennedy & Alexander Mebius - 2015 - Oxford Bibliography.
    Since its introduction just over two decades ago, evidence-based medicine (EBM) has come to dominate medical practice, teaching, and policy. There are a growing number of textbooks, journals, and websites dedicated to EBM research, teaching, and evidence dissemination. EBM was most recently defined as a method that integrates best research evidence with clinical expertise and patient values and circumstances in the treatment of patients. There have been debates throughout the early 21st century about what counts as good (...)
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  47.  18
    A Mathematical Theory of Evidence.Glenn Shafer - 1976 - Princeton University Press.
    Degrees of belief; Dempster's rule of combination; Simple and separable support functions; The weights of evidence; Compatible frames of discernment; Support functions; The discernment of evidence; Quasi support functions; Consonance; Statistical evidence; The dual nature of probable reasoning.
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  48.  68
    Evidence of evidence and testimonial reductionism.William D. Rowley - 2012 - Episteme 9 (4):377-391.
    An objection to reductionism in the epistemology of testimony that is often repeated but rarely defended in detail is that there is not enough positive evidence to provide the non-testimonial, positive reasons reductionism requires. Thus, on pain of testimonial skepticism, reductionism must be rejected. Call this argument the ‘Not Enough Evidence Objection’. I will defend reductionism about testimonial evidence against the NEEO by arguing that we typically have non-testimonial positive reasons in the form of evidence about (...)
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  49. Evaluation of evidence: pre-modern and modern approaches.Mirjan R. Damaška - 2019 - New York, NY, USA: Cambridge University Press.
    Judges were never bound by law to convict a defendant unless they considered him guilty. Yet, they could be prohibited by law from convicting a person they consider guilty due to the absence of legally prescribed or the presence of legally prohibited evidence.Evaluation of Evidence addresses the question: should the law restrict the freedom of judges in assessing the probative value of evidence in the criminal process? Tracing the treatment of evidence from pre-modern to modern times, (...)
     
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  50.  17
    Idea of Evidence in Phenomenological Outlook: Deconstruction and Reactualization of Cartesian Legacy.Ilyina Anna - 2016 - Sententiae 35 (2):23-40.
    The article deals with the problem of phenomenological interpretation of Cartesian idea of evidence. The author demonstrates that implicit but constitutive characteristic of evidence is a property of excessiveness. The analysis of its conceptual versions and methodological representations in Husserl, Marion and Derrida’s philosophies deconstructs some stereotype interpretations of evidence as an attribute of I-centric philosophical systems and also as a carrier of qualities of fullness and presence. The author claims that excessiveness of evidence has two (...)
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