1 the Epistemic Role of Testimony: Internalist and Externalist
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Beaneyanalyticphil Historyphil.Pdf
King’s Research Portal DOI: 10.1007/978-1-137-30487-2 Document Version Peer reviewed version Link to publication record in King's Research Portal Citation for published version (APA): Beaney, M. (2013). Analytic Philosophy and History of Philosophy: The Development of the Idea of Rational Reconstruction . In E. Reck (Ed.), The Historical Turn in Analytic Philosophy (1 ed., pp. 231–260). (History of Analytic Philosophy). Palgrave Macmillan. https://doi.org/10.1007/978-1-137-30487-2 Citing this paper Please note that where the full-text provided on King's Research Portal is the Author Accepted Manuscript or Post-Print version this may differ from the final Published version. If citing, it is advised that you check and use the publisher's definitive version for pagination, volume/issue, and date of publication details. And where the final published version is provided on the Research Portal, if citing you are again advised to check the publisher's website for any subsequent corrections. General rights Copyright and moral rights for the publications made accessible in the Research Portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognize and abide by the legal requirements associated with these rights. •Users may download and print one copy of any publication from the Research Portal for the purpose of private study or research. •You may not further distribute the material or use it for any profit-making activity or commercial gain •You may freely distribute the URL identifying the publication in the Research Portal Take down policy If you believe that this document breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. -
Rational Reconstruction and the Construction of an Interlocutor
Rational Reconstruction and the Construction of an Interlocutor The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Prescott-Couch, Alexander. 2015. Rational Reconstruction and the Construction of an Interlocutor. Doctoral dissertation, Harvard University, Graduate School of Arts & Sciences. Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:23845505 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA RATIONAL RECONSTRUCTION AND THE CONSTRUCTION OF AN INTERLOCUTOR A dissertation presented by Alexander Prescott-Couch to The Harvard Department of Philosophy in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the subject of Philosophy Harvard University Cambridge, Massachusetts September 2015 ©2015 Alexander Prescott-Couch All rights reserved. DISSERTATION ADVISOR: NED HALL ALEXANDER PRESCOTT-COUCH RATIONAL RECONSTRUCTION AND THE CONSTRUCTION OF AN INTERLOCUTOR Abstract There has been much recent work in philosophy of science on idealization – the way inaccurate representations can be used to understand a target system. My dissertation concerns a particular sort of idealization that is familiar but often overlooked: rational reconstruction. Rational reconstructions are “cleaned-up” – more coherent and accurate – versions of an individual’s or a group’s attitudes. They are the kind of idealized model that facilitates a crucial aim of the interpretive sciences, the understanding of another’s point of view. I provide an account of rational reconstruction and argue that such an account can help us make sense of many intellectual projects in the humanities and the interpretive social sciences. -
Proffer Agreements
BAR OURNAL J FEATURE States Attorney’s office for the Eastern District of New York provides: [T]he Office may use any statements made by Proffer Agreements Client: (A) to obtain leads to other evidence, which evidence may be used by the Office in any stage of a criminal prosecution (including What Is Your Client Waiving but not limited to detention hearing, trial or sentencing), civil or administrative proceeding, (B) as substantive evidence to and Is It Worth the Risk? cross-examine Client, should Client testify, and (C) as substantive evidence to rebut, directly or indirectly, any evidence offered or elicited, BY JOHN MCCAFFREY & JON OEBKER or factual assertions made, by or on behalf of Client at any stage of a criminal prosecution (including but not limited to detention hearing, our client is the target of a federal a plea of guilty later withdrawn” is inadmissible trial or sentencing).(Emphasis added.) investigation. He is offered the against the defendant. It is well-settled that the In practice, the particular language of these opportunity to speak with prosecutors protections afforded under these rules can be agreements determines what triggering events Yand investigators so that they have “his side” waived in proffer agreements, thus opening the open the door to the admission of a client’s of the story before determining whether door for a client’s statements to be used against proffer statements at trial. For example, in charges will be pursued. You may ask yourself, him at trial. United States v. Mezzanatto, 513 United States v. Gonzalez, 309 F.3d 882 (5th “What do I have to lose?” Well, the answer is U.S. -
Introduction Is the Relationship Between Philosophy and Empirical Science
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by NORA - Norwegian Open Research Archives Habermas’ method: Rational reconstruction Jørgen Pedersen Dissertation for the degree philosophiae doctor (PhD) at the University of Bergen 2011 Til Thale, Synne og Anne Scientific environment This four year PhD project has been funded by the Faculty of Humanities. It has been located at the Centre for the Study of the Sciences and the Humanities/ Senter for Vitenskapsteori (SVT) at the University of Bergen, which has provided the candidate with supervision and working facilities. Acknowledgments This PhD dissertation is the result of a collective effort where many of my friends and colleagues have contributed. I feel extremely privileged to have had so many supervisors who have given me excellent advice along the way. I want to thank my only formal supervisor, Cathrine Holst. Cathrine has the special gift of always finding the strong as well as the weak spots in a text. This gift, combined with her ability to suggest how to correct the weaknesses has been of great importance for my project. I also want to thank Cathrine for always being available for counselling, and for connecting me with many of my informal supervisors. I want to thank Anders Molander for suggesting the theme of rational reconstruction as a blind spot in the research literature on Habermas. This topic has offered me a great opportunity to explore the relationship between philosophical theory and empirical research, and thus enabled me to follow one of my research interests. Thank you also for good supervision along the way. -
1. Rules of Evidence: Hearsay: Appeal and Error. an Appellate Court
Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 09/29/2021 09:46 AM CDT - 515 - NEBRASKA COURT OF APPEALS ADVAncE SHEETS 25 NEBRASKA APPELLATE REPORTS STATE V. LINDBERG Cite as 25 Neb. App. 515 STATE OF NEBRASKA, APPELLEE, V. JUSTIN LINDBERG, APPELLANT. ___ N.W.2d ___ Filed February 6, 2018. No. A-17-154. 1. Rules of Evidence: Hearsay: Appeal and Error. An appellate court reviews for clear error the trial court’s factual findings underpinning the excited utterance hearsay exception, resolving evidentiary conflicts in favor of the successful party, who is entitled to every reasonable infer- ence deducible from the evidence. 2. ____: ____: ____. An appellate court reviews de novo the trial court’s ultimate determination to admit evidence over a hearsay objection or exclude evidence on hearsay grounds. 3. Constitutional Law: Witnesses: Appeal and Error. An appellate court reviews de novo a trial court’s determination of the protections afforded by the Confrontation Clause of the Sixth Amendment to the U.S. Constitution and article I, § 11, of the Nebraska Constitution and reviews the underlying factual determinations for clear error. 4. Trial: Testimony: Appeal and Error. When an objection has been made once to the admission of testimony and overruled by the court, it shall be unnecessary to repeat the same objection to further testimony of the same nature by the same witness in order to save the error, if any, in the ruling of the court whereby such testimony was received. 5. Rules of Evidence: Hearsay: Words and Phrases. Hearsay is a state- ment, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. -
Short Testimony of Faith Example
Short Testimony Of Faith Example Bromic Dustin sometimes etiolates his doublet clamantly and peculated so supplementally! sclerophyllousGallinaceous Ritchie after Shimon never overissues heterodyne so patronisingly sulkily or dwarfs or unfixes any offensiveness any exoplasm. cubically. Dane remains A table that described what my life actually like him coming to standing the circumstances. This helps others relate to you and nurture the realities of strike a Christian is. Us to church taught us about God and rain a godly example for the three of us. And express I saw before many problems in society and wanted nothing to protect with the Christian faith Frankly I was proud to be a Hindu At the stairs of 19 I left home people go. How we Prepare their Testimony ChurchLeadershiporg. Our short statements could open doors for fuller explanations. That point had slept normally and their not been short of breath for just first stress in years. Christian Testimonies True Stories of God a Work Christian. What Is Christian Testimony can Do I Tell your Own. Or ongoing conversation which opens the comb for how faith sharing or grievance an. Issue eg physical illness financial addiction etc and you can unite a short testimony. My Personal Salvation are More Radiance. That aren't in my nature through example forgiveness humility loving people etc. Is there in way but think about sharing my testimony. Team Leader Shonn Keels coined the grant and the idea bold simple form your awesome testimony but three short minutes. Baptism is unbelievable to tuck our special faith in Christ It its an act paperwork is. -
Effects of the Lost-Chance Doctrine on Civil Litigation and Medical Malpractice Insurance, 88 N.C
NORTH CAROLINA LAW REVIEW Volume 88 | Number 2 Article 5 1-1-2010 Whose Loss is It Anyway - Effects of the Lost- Chance Doctrine on Civil Litigation and Medical Malpractice Insurance Steven R. Koch Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Steven R. Koch, Whose Loss is It Anyway - Effects of the Lost-Chance Doctrine on Civil Litigation and Medical Malpractice Insurance, 88 N.C. L. Rev. 595 (2010). Available at: http://scholarship.law.unc.edu/nclr/vol88/iss2/5 This Comments is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. Whose Loss Is It Anyway? Effects of the "Lost-Chance" Doctrine on Civil Litigation and Medical Malpractice Insurance* INTR O D U CTIO N ....................................................................................... 595 I. HISTORICAL OVERVIEW OF THE LOST-CHANCE D O CTR IN E ..................................................................................... 602 A. Proof of Causationin a Medical Malpractice Case ............ 602 B. The Modern Lost-Chance Doctrine and the ProportionalApproach ......................................................... 605 C. Current Status of the Lost-Chance Doctrine Throughout the Fifty States ................................................... 606 II. THE LOST-CHANCE DOCTRINE IN CONTEXT ........................... 611 A. Civil Litigation Trends Generally and Medical M alpracticeLitigation Specifically....................................... 612 B. Tort-Reform Efforts Addressing (and Failing to Address) the Lost-Chance Doctrine .................................... 614 C. The Self-Policing Nature of the Lost-Chance Doctrine.....617 III. ANALYZING THE EFFECTS (OR LACK THEREOF) OF A STATE'S ADOPTION OF THE LOST-CHANCE DOCTRINE ........ -
UNITED STATES' JAMES PROFFER PURSUANT to RULE 801(D)(2)(E) ______
Case 1:07-cr-00090-WYD Document 146 Filed 12/12/2007 Page 1 of 27 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 07-cr-00090-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. B&H MAINTENANCE & CONSTRUCTION, INC., a New Mexico corporation; 2. JON PAUL SMITH a/k/a J.P. SMITH; and 3. LANDON R. MARTIN, Defendants. ______________________________________________________________________________ UNITED STATES' JAMES PROFFER PURSUANT TO RULE 801(d)(2)(E) ______________________________________________________________________________ Pursuant to the Court's Order of November 13, 2007, the United States submits the following proffer supporting admission of coconspirator statements pursuant to Rule 801(d)(2)(E) of the Federal Rules of Evidence. I. Introduction Count One of the Indictment charges the Defendants with violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, by conspiring to rig bids submitted to BP America Production Company ("BP America") for the construction of pipelines to transport natural gas from its wells in the Upper San Juan Basin in Colorado to elsewhere in the United States. The conspiracy began in or about June 2005 and continued until December 2005. In order to assist the Court in its preliminary determination of the admissibility of Case 1:07-cr-00090-WYD Document 146 Filed 12/12/2007 Page 2 of 27 coconspirator statements at trial, the United States submits this proffer, which will outline some of the evidence the United States intends to present at trial.1 Section II of this proffer provides a brief overview of the conspirators, the victim of the conspiracy, and the bid rigging conspiracy charged in Count One of the Indictment. -
The Why of Cross-Examination
The why of cross-examination * By: F. Dennis Saylor IV and Daniel I. Small ) June 29, 2017 Our next series of columns will address the subject of cross-examination. Dan Small recently returned from his second trip to Uzbekistan, talking with judges and lawyers there about the adversarial system. We’ll give Dan the floor to share some thoughts. “Why have cross-examination?” It seems an odd question, given our justice system’s longstanding and fundamental reliance on the process. Yet before we discuss the “how” of cross-examination, let’s consider the “why.” This process that we take for granted in court is, after all, somewhat unnatural: You would not subject a friend or co-worker to intense grilling before deciding whether to believe something he told you. Why do so here? The adversarial system is not the system of justice in Uzbekistan. Instead, it has a version of the Byzantine-era inquisitorial system, in which the judge is responsible for searching for and determining the truth, and questioning of witnesses by opposing counsel is virtually unknown. They are looking for ways to improve and open up their system, but remain skeptical as to whether cross- examination is a legitimate fact-finding aid or a TV and movie stunt, like in “My Cousin Vinny” and the other American movies that make it over there. There is, after all, only one “truth.” Why does the judge need lawyers interfering with his search to find it? What underlies our acceptance of cross-examination are several basic beliefs. First is the belief that “truth” is not that simple, that there is often more than one version, or at least more than one perspective. -
CHAPTER XII EXPERT EVIDENCE in the DISTRICT of COLUMBIA* by Christine G. Rolph Scott C. Jones Latham & Watkins LLP 555 Eleve
Reprinted with permission from Scientific Evidence Review: Admissibility and the Use of Expert Evidence in the Courtroom, Monograph No. 9, available for purchase from: http://apps.americanbar.org/abastore/index.cfm?pid=5450066§ion=main&fm=Product.AddToCart 2013© by the American Bar Association. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. CHAPTER XII EXPERT EVIDENCE IN THE DISTRICT OF COLUMBIA* by Christine G. Rolph Scott C. Jones Latham & Watkins LLP 555 Eleventh Street, N.W., Suite 1000 Washington, D.C. 20004 (202) 637-3367 [email protected] [email protected] A. EXPERT EVIDENCE IN THE DISTRICT OF COLUMBIA CIRCUIT 1. Key Decisions Applying Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) The Supreme Court’s treatment of expert testimony issues in Daubert was consistent with prec- edent in the D.C. Circuit. As such, Daubert did not unsettle expert evidence practice in the jurisdic- tion. The lead case applying Daubert in the D.C. Circuit is Ambrosini v. Labarraque, 101 F.3d 129 (D.C. Cir. 1996) [hereinafter Ambrosini]. This section begins by discussing the Ambrosini decision. Next, it provides detail on a number of related expert testimony cases in the D.C. Circuit. Finally, the section turns to a discussion of the procedural rules regarding expert testimony which are relatively unique to the D.C. Circuit. a. Ambrosini v. -
Passmore, J. (1967). Logical Positivism. in P. Edwards (Ed.). the Encyclopedia of Philosophy (Vol. 5, 52- 57). New York: Macmillan
Passmore, J. (1967). Logical Positivism. In P. Edwards (Ed.). The Encyclopedia of Philosophy (Vol. 5, 52- 57). New York: Macmillan. LOGICAL POSITIVISM is the name given in 1931 by A. E. Blumberg and Herbert Feigl to a set of philosophical ideas put forward by the Vienna circle. Synonymous expressions include "consistent empiricism," "logical empiricism," "scientific empiricism," and "logical neo-positivism." The name logical positivism is often, but misleadingly, used more broadly to include the "analytical" or "ordinary language philosophies developed at Cambridge and Oxford. HISTORICAL BACKGROUND The logical positivists thought of themselves as continuing a nineteenth-century Viennese empirical tradition, closely linked with British empiricism and culminating in the antimetaphysical, scientifically oriented teaching of Ernst Mach. In 1907 the mathematician Hans Hahn, the economist Otto Neurath, and the physicist Philipp Frank, all of whom were later to be prominent members of the Vienna circle, came together as an informal group to discuss the philosophy of science. They hoped to give an account of science which would do justice -as, they thought, Mach did not- to the central importance of mathematics, logic, and theoretical physics, without abandoning Mach's general doctrine that science is, fundamentally, the description of experience. As a solution to their problems, they looked to the "new positivism" of Poincare; in attempting to reconcile Mach and Poincare; they anticipated the main themes of logical positivism. In 1922, at the instigation of members of the "Vienna group," Moritz Schlick was invited to Vienna as professor, like Mach before him (1895-1901), in the philosophy of the inductive sciences. Schlick had been trained as a scientist under Max Planck and had won a name for himself as an interpreter of Einstein's theory of relativity. -
Testimonial Hearsay As the Basis for Expert Opinion: the Intersection of the Confrontation Clause and Federal Rule of Evidence 703 After Crawford V
Hastings Law Journal Volume 55 | Issue 6 Article 5 1-2004 Testimonial Hearsay as the Basis for Expert Opinion: The nI tersection of the Confrontation Clause and Federal Rule of Evidence 703 after Crawford v. Washington Ross Andrew Oliver Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Ross Andrew Oliver, Testimonial Hearsay as the Basis for Expert Opinion: The Intersection of the Confrontation Clause and Federal Rule of Evidence 703 after Crawford v. Washington, 55 Hastings L.J. 1539 (2004). Available at: https://repository.uchastings.edu/hastings_law_journal/vol55/iss6/5 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Testimonial Hearsay as the Basis for Expert Opinion: The Intersection of the Confrontation Clause and Federal Rule of Evidence 703 After Crawford v. Washington Ross ANDREW OLIVER* INTRODUCTION In contrast to criminal procedure in civil law countries, and in response to abusive prosecutions based primarily on hearsay, common law courts by the late eighteenth century had established a rule that evidence against a criminal defendant should be given by a witness with personal knowledge and should be tested for reliability by adversarial cross-examination. Ratified in 1791, the Sixth Amendment embodies this rule in its Confrontation Clause, which guarantees that "[iln all criminal prosecutions, the accused shall enjoy the right.., to be confronted with the witnesses against him."' Over time, U.S.