PSEUDOSCIENCE Bradley Monton
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												  There Is No Pure Empirical ReasoningThere Is No Pure Empirical Reasoning 1. Empiricism and the Question of Empirical Reasons Empiricism may be defined as the view there is no a priori justification for any synthetic claim. Critics object that empiricism cannot account for all the kinds of knowledge we seem to possess, such as moral knowledge, metaphysical knowledge, mathematical knowledge, and modal knowledge.1 In some cases, empiricists try to account for these types of knowledge; in other cases, they shrug off the objections, happily concluding, for example, that there is no moral knowledge, or that there is no metaphysical knowledge.2 But empiricism cannot shrug off just any type of knowledge; to be minimally plausible, empiricism must, for example, at least be able to account for paradigm instances of empirical knowledge, including especially scientific knowledge. Empirical knowledge can be divided into three categories: (a) knowledge by direct observation; (b) knowledge that is deductively inferred from observations; and (c) knowledge that is non-deductively inferred from observations, including knowledge arrived at by induction and inference to the best explanation. Category (c) includes all scientific knowledge. This category is of particular import to empiricists, many of whom take scientific knowledge as a sort of paradigm for knowledge in general; indeed, this forms a central source of motivation for empiricism.3 Thus, if there is any kind of knowledge that empiricists need to be able to account for, it is knowledge of type (c). I use the term “empirical reasoning” to refer to the reasoning involved in acquiring this type of knowledge – that is, to any instance of reasoning in which (i) the premises are justified directly by observation, (ii) the reasoning is non- deductive, and (iii) the reasoning provides adequate justification for the conclusion.
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												  The Law and the Brain: Judging Scientific Evidence of IntentThe Journal of Appellate Practice and Process Volume 1 Issue 2 Article 4 1999 The Law and the Brain: Judging Scientific videnceE of Intent Erica Beecher-Monas Edgar Garcia-Rill Follow this and additional works at: https://lawrepository.ualr.edu/appellatepracticeprocess Part of the Evidence Commons, Jurisprudence Commons, and the Science and Technology Law Commons Recommended Citation Erica Beecher-Monas and Edgar Garcia-Rill, The Law and the Brain: Judging Scientific videnceE of Intent, 1 J. APP. PRAC. & PROCESS 243 (1999). Available at: https://lawrepository.ualr.edu/appellatepracticeprocess/vol1/iss2/4 This document is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in The Journal of Appellate Practice and Process by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. THE LAW AND THE BRAIN: JUDGING SCIENTIFIC EVIDENCE OF INTENT Erica Beecher-Monas* and Edgar Garcia-Rill, Ph.D.** INTRODUCTION As evidentiary gatekeepers, judges must be ready to evaluate expert testimony about science and the brain. A wide variety of cases present issues of mental state, many doubtless with battling experts seeking to testify on these issues. This poses a dilemma for nonspecialist judges. How is a nonscientist to judge scientific evidence? How can a nonscientist decide if testimony about mental state meets the criteria of good science? This essay offers a general overview of the issue of evaluating scientific evidence and is aimed at exploring the issues involved, but not attempting easy answers. Of necessity, this requires thinking about how science works.
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												  Achievements and Fallacies in Hume's Account of Infinite-1- ACHIEVEMENTS AND FALLACIES IN HUME’S ACCOUNT OF INFINITE DIVISIBILITY James Franklin Hume Studies 20 (1994): 85-101 Throughout history,almost all mathematicians, physicists and philosophers have been of the opinion that space and time are infinitely divisible. That is, it is usually believedthat space and time do not consist of atoms, but that anypiece of space and time of non-zero size, howeversmall, can itself be divided into still smaller parts. This assumption is included in geometry,asinEuclid, and also in the Euclidean and non- Euclidean geometries used in modern physics. Of the fewwho have denied that space and time are infinitely divisible, the most notable are the ancient atomists, and Berkeleyand Hume. All of these assert not only that space and time might be atomic, but that theymust be. Infinite divisibility is, theysay, impossible on purely conceptual grounds. In the hundred years or so before Hume’s Tr eatise, there were occasional treatments of the matter,in places such as the Port Royal Logic, and Isaac Barrow’smathematical lectures of the 1660’s, 1 Theydonot add anything substantial to medievaltreatments of the same topic. 2 Mathematicians certainly did not take seriously the possibility that space and time might be atomic; Pascal, for example, instances the Chevalier de Me´re´’s belief in atomic space as proof of his total incompetence in mathematics. 3 The problem acquired amore philosophical cast when Bayle, in his Dictionary, tried to showthat both the assertion and the denial of the infinite divisibility of space led to contradictions; the problem thus appears as a general challenge to "Reason".
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												  The Heritage of Non-Theistic Belief in ChinaThe Heritage of Non-theistic Belief in China Joseph A. Adler Kenyon College Presented to the international conference, "Toward a Reasonable World: The Heritage of Western Humanism, Skepticism, and Freethought" (San Diego, September 2011) Naturalism and humanism have long histories in China, side-by-side with a long history of theistic belief. In this paper I will first sketch the early naturalistic and humanistic traditions in Chinese thought. I will then focus on the synthesis of these perspectives in Neo-Confucian religious thought. I will argue that these forms of non-theistic belief should be considered aspects of Chinese religion, not a separate realm of philosophy. Confucianism, in other words, is a fully religious humanism, not a "secular humanism." The religion of China has traditionally been characterized as having three major strands, the "three religions" (literally "three teachings" or san jiao) of Confucianism, Daoism, and Buddhism. Buddhism, of course, originated in India in the 5th century BCE and first began to take root in China in the 1st century CE, so in terms of early Chinese thought it is something of a latecomer. Confucianism and Daoism began to take shape between the 5th and 3rd centuries BCE. But these traditions developed in the context of Chinese "popular religion" (also called folk religion or local religion), which may be considered a fourth strand of Chinese religion. And until the early 20th century there was yet a fifth: state religion, or the "state cult," which had close relations very early with both Daoism and Confucianism, but after the 2nd century BCE became associated primarily (but loosely) with Confucianism.
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												  THE SCIENTIFIC METHOD and the LAW by Bemvam LHastings Law Journal Volume 19 | Issue 1 Article 7 1-1967 The cS ientific ethoM d and the Law Bernard L. Diamond Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Bernard L. Diamond, The Scientific etM hod and the Law, 19 Hastings L.J. 179 (1967). Available at: https://repository.uchastings.edu/hastings_law_journal/vol19/iss1/7 This Article 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. THE SCIENTIFIC METHOD AND THE LAW By BEmVAm L. DIivmN* WHEN I was an adolescent, one of the major influences which determined my choice of medicine as a career was a fascinating book entitled Anomalies and Curiosities of Medicine. This huge volume, originally published in 1897, is a museum of pictures and lurid de- scriptions of human monstrosities and abnormalities of all kinds, many with sexual overtones of a kind which would especially appeal to a morbid adolescent. I never thought, at the time I first read this book, that some day, I too, would be an anomaly and curiosity of medicine. But indeed I am, for I stand before you here as a most curious and anomalous individual: a physician, psychiatrist, psychoanalyst, and (I hope) a scientist, who also happens to be a professor of law. But I am not a lawyer, nor in any way trained in the law; hence, the anomaly. The curious question is, of course, why should a non-lawyer physician and scientist, like myself, be on the faculty of a reputable law school.
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												  Contrastive EmpiricismElliott Sober Contrastive Empiricism I Despite what Hegel may have said, syntheses have not been very successful in philosophical theorizing. Typically, what happens when you combine a thesis and an antithesis is that you get a mishmash, or maybe just a contradiction. For example, in the philosophy of mathematics, formalism says that mathematical truths are true in virtue of the way we manipulate symbols. Mathematical Platonism, on the other hand, holds that mathematical statements are made true by abstract objects that exist outside of space and time. What would a synthesis of these positions look like? Marks on paper are one thing, Platonic forms an other. Compromise may be a good idea in politics, but it looks like a bad one in philosophy. With some trepidation, I propose in this paper to go against this sound advice. Realism and empiricism have always been contradictory tendencies in the philos ophy of science. The view I will sketch is a synthesis, which I call Contrastive Empiricism. Realism and empiricism are incompatible, so a synthesis that merely conjoined them would be a contradiction. Rather, I propose to isolate important elements in each and show that they combine harmoniously. I will leave behind what I regard as confusions and excesses. The result, I hope, will be neither con tradiction nor mishmash. II Empiricism is fundamentally a thesis about experience. It has two parts. First, there is the idea that experience is necessary. Second, there is the thesis that ex perience suffices. Necessary and sufficient for what? Usually this blank is filled in with something like: knowledge of the world outside the mind.
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												  “Junk Science”: the Criminal CasesCase Western Reserve University School of Law Scholarly Commons Faculty Publications 1993 “Junk Science”: The Criminal Cases Paul C. Giannelli Case Western University School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Evidence Commons, and the Litigation Commons Repository Citation Giannelli, Paul C., "“Junk Science”: The Criminal Cases" (1993). Faculty Publications. 393. https://scholarlycommons.law.case.edu/faculty_publications/393 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. 0091-4169/93/8401-0105 THE jouRNAL OF CRIMINAL LAw & CRIMINOLOGY Vol. 84, No. I Copyright© 1993 by Northwestern University, School of Law Printed in U.S.A. "JUNK SCIENCE": THE CRIMINAL CASES PAUL C. GIANNELLI* l. INTRODUCTION Currently, the role of expert witnesses in civil trials is under vigorous attack. "Expert testimony is becoming an embarrassment to the law of evidence," notes one commentator. 1 Articles like those entitled "Experts up to here"2 and "The Case Against Expert Wit nesses"3 appear in Forbes and Fortune. Terms such as "junk science," "litigation medicine," "fringe science," and "frontier science" are in vogue.4 Physicians complain that "[l]egal cases can now be de cided on the type of evidence that the scientific community rejected decades ago."5 A. THE FEDERAL RULES OF EVIDENCE The expert testimony provisions of the Federal Rules of Evi dence are the focal point of criticism.
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												  "What Is Evidence?" a Philosophical Perspective"WHAT IS EVIDENCE?" A PHILOSOPHICAL PERSPECTIVE PRESENTATION SUMMARY NATIONAL COLLABORATING CENTRES FOR PUBLIC HEALTH 2007 SUMMER INSTITUTE "MAKING SENSE OF IT ALL" BADDECK, NOVA SCOTIA, AUGUST 20-23 2007 Preliminary version—for discussion "WHAT IS EVIDENCE?" A PHILOSOPHICAL PERSPECTIVE PRESENTATION SUMMARY NATIONAL COLLABORATING CENTRES FOR PUBLIC HEALTH 2007 SUMMER INSTITUTE "MAKING SENSE OF IT ALL" BADDECK, NOVA SCOTIA, AUGUST 20-23 2007 NATIONAL COLLABORATING CENTRE FOR HEALTHY PUBLIC POLICY JANUARY 2010 SPEAKER Daniel Weinstock Research Centre on Ethics, University of Montréal EDITOR Marianne Jacques National Collaborating Centre for Healthy Public Policy LAYOUT Madalina Burtan National Collaborating Centre for Healthy Public Policy DATE January 2010 The aim of the National Collaborating Centre for Healthy Public Policy (NCCHPP) is to increase the use of knowledge about healthy public policy within the public health community through the development, transfer and exchange of knowledge. The NCCHPP is part of a Canadian network of six centres financed by the Public Health Agency of Canada. Located across Canada, each Collaborating Centre specializes in a specific area, but all share a common mandate to promote knowledge synthesis, transfer and exchange. The production of this document was made possible through financial support from the Public Health Agency of Canada and funding from the National Collaborating Centre for Healthy Public Policy (NCCHPP). The views expressed here do not necessarily reflect the official position of the Public Health Agency of Canada. This document is available in electronic format (PDF) on the web site of the National Collaborating Centre for Healthy Public Policy at www.ncchpp.ca. La version française est disponible sur le site Internet du CCNPPS au www.ccnpps.ca.
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												  Issue-05-9.PdfTHE COMMITTEE FOR THE SCIENTIFIC INVESTIGATION of Claims of the Paranormal AT THE CENTER FOR INQUIRY-INTERNATIONAL (ADJACENT TO THE STATE UNIVERSITY OF NEW YORK AT BUFFALO| • AN INTERNATIONAL ORGANIZATION Paul Kurtz, Chairman; professor emeritus of philosophy, State University of New York at Buffalo Barry Karr, Executive Director Joe Nickell, Senior Research Fellow Massimo Polidoro, Research Fellow Richard Wiseman, Research Fellow Lee Nisbet, Special Projects Director FELLOWS James E. Alcock,* psychologist York Univ., Toronto Saul Green. PhD, biochemist president of ZOL James E- Oberg, science writer Jerry Andrus, magician and inventor, Albany, Consultants, New York. NY Irmgard Oepen, professor of medicine (retired). Oregon Susan Haack, Cooper Senior Scholar in Arts Marburg, Germany Marcia Angell, M.D., former editor-in-chief, New and Sciences, prof, of philosophy, University Loren Pankratz. psychologist. Oregon Health England Journal of Medicine of Miami Sciences Univ. Robert A. Baker, psychologist. Univ. of Kentucky C. E. M. Hansel, psychologist. Univ. of Wales John Paulos, mathematician. Temple Univ. Stephen Barrett, M.D., psychiatrist, author, Al Hibbs, scientist, Jet Propulsion Laboratory Steven Pinker, cognitive scientist. MIT consumer advocate, Allentown, Pa. Douglas Hofstadter, professor of human Massimo Polidoro. science writer, author, execu Barry Beyerstein,* biopsychologist. Simon Fraser understanding and cognitive science, tive director CICAP, Italy Univ., Vancouver, B.C.. Canada Indiana Univ. Milton Rosenberg, psychologist Univ. of Chicago Irving Biederman, psychologist, Univ. of Southern Gerald Holton, Mallinckrodt Professor of Physics Wallace Sampson. M.D.. clinical professor of medi California and professor of history of science, Harvard Univ. cine. Stanford Univ.. editor, Scientific Review of Susan Blackmore, Visiting Lecturer, Univ. of the Ray Hyman,' psychologist.
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												  Augustine Responds to the EditorLETTERS TO THE EDITOR 235 Augustine Responds To the Editor: Having presented a comprehensive three-part critique of survival- ist interpretations of near-death experiences (NDEs) and defended it against multiple commentators, I am generally inclined to allow readers of this Journal to reflect upon the entire exchange and take from it what they will without offering further comment. However, I feel compelled to point out a number of fallacies that Neal Grossman commits when, ironically, accusing me of fallacious reasoning. Although Grossman prefaces his letter with the disclaimer that it "will not be a response to anything [I] wrote," he explicitly implicates me along with "other debunkers" in customarily employing fallacious reasoning, and in any case there is no point in him bringing up errors "that Augustine and his fellow materialist ideologues frequently commit" if he does not mean to imply that my critique contains them. 236 JOURNAL OF NEAR-DEATH STUDIES Right from the start, Grossman stereotypes those skeptical of survivalist interpretations of NDEs as ideologues plagued by "unwa- vering certainty" in a materialist faith. But his comments reveal his own "unwavering certainty" that NDEs and other phenomena represent a smoking-gun falsification of materialism. One wonders if any evidence could ever persuade Grossman of the truth of strict materialism or a related view, such as David Chalmers's property dualism, in which mental states are nonphysical properties of the physical brain and thus irreducible to brain states, but existentially dependent upon the properly functioning brain in which they inhere (Chalmers, 1996). Indeed, one wonders if Grossman thinks that it is possible for anyone to hold a materialist or similar position rationally on the basis of the empirical evidence.
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												  The Epistemology of Admissibility: Why Even Good Philosophy of Science Would Not Make for Good Philosophy of EvidenceUniversity of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1997 The Epistemology of Admissibility: Why Even Good Philosophy of Science Would Not Make for Good Philosophy of Evidence Brian Leiter Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Brian Leiter, "The Epistemology of Admissibility: Why Even Good Philosophy of Science Would Not Make for Good Philosophy of Evidence," 1997 Brigham Young University Law Review 803 (1997). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. The Epistemology of Admissibility: Why Even Good Philosophy of Science Would Not Make for Good Philosophy of Evidence Brian Leiter* I. INTRODUCTION In its 1923 decision in Frye v. United States,1 the United States Court of Appeals for the District of Columbia set out what was, for seventy years, the most influential test for the admissi- bility of scientific evidence in federal court. In Frye, the question was whether the results of a lie detector test were admissible on behalf of the defense. The Court of Appeals agreed with the trial court that such evidence was inadmissible, famously holding, that scientific evidence "must be sufficiently established to have gained general acceptance in the particular field in which it be- longs."2 In 1993, the United States Supreme Court ended Frye's reign of influence with its decision in Daubert v.
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												  LEASK-DISSERTATION-2020.Pdf (1.565Mb)WRAITHS AND WHITE MEN: THE IMPACT OF PRIVILEGE ON PARANORMAL REALITY TELEVISION by ANTARES RUSSELL LEASK DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy at The University of Texas at Arlington August, 2020 Arlington, Texas Supervising Committee: Timothy Morris, Supervising Professor Neill Matheson Timothy Richardson Copyright by Antares Russell Leask 2020 Leask iii ACKNOWLEDGEMENTS • I thank my Supervising Committee for being patient on this journey which took much more time than expected. • I thank Dr. Tim Morris, my Supervising Professor, for always answering my emails, no matter how many years apart, with kindness and understanding. I would also like to thank his demon kitten for providing the proper haunted atmosphere at my defense. • I thank Dr. Neill Matheson for the ghostly inspiration of his Gothic Literature class and for helping me return to the program. • I thank Dr. Tim Richardson for using his class to teach us how to write a conference proposal and deliver a conference paper – knowledge I have put to good use! • I thank my high school senior English teacher, Dr. Nancy Myers. It’s probably an urban legend of my own creating that you told us “when you have a Ph.D. in English you can talk to me,” but it has been a lifetime motivating force. • I thank Dr. Susan Hekman, who told me my talent was being able to use pop culture to explain philosophy. It continues to be my superpower. • I thank Rebecca Stone Gordon for the many motivating and inspiring conversations and collaborations. • I thank Tiffany A.