The Epistemology of Admissibility: Why Even Good Philosophy of Science Would Not Make for Good Philosophy of Evidence
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Southern Paternalism and the Rise of the Welfare State
Southern Paternalism and the Rise of the Welfare State: Economics, Politics, and Institutions in the U.S. South, 1865-1965 Lee J. Alston and Joseph P. Ferrie Cambridge University Press Cambridge London New York New Rochelle Melbourne Sydney Introduction The rural South has undergone a remarkable transformation in the last half century. The changes in the physical landscape are immediately apparent: the millions of tenants, share-croppers, and wage laborers who once raised and picked the South’s crops and lived in its tumbledown tar paper shacks are gone, replaced by machines moving methodically across its fields. But the changes in the social landscape that accompanied these physical changes are no less striking: gone, too, is the complex system of reciprocal duties and obligations that had bound agricultural employers and their workers, the elaborate but often unspoken protocol of paternalism that shaped much of day-to-day life in the rural South. In the following chapters, we will show how paternalism emerged in the postbellum years to reduce the cost of obtaining, motivating, and retaining labor in cotton production following the abolition of slavery. We will also explore the 1 economic and political transformations caused by the decline of paternalism, changes less visible but no less important than the mechanization of cotton production. The cost of obtaining labor in Southern agriculture included making sure an adequate supply of laborers could be hired and making sure that the laborers who were hired worked hard at their tasks (reducing the cost of monitoring labor) and stayed on through the harvest (reducing turnover in the farm labor force). -
The Epistemology of Evidence in Cognitive Neuroscience1
To appear in In R. Skipper Jr., C. Allen, R. A. Ankeny, C. F. Craver, L. Darden, G. Mikkelson, and R. Richardson (eds.), Philosophy and the Life Sciences: A Reader. Cambridge, MA: MIT Press. The Epistemology of Evidence in Cognitive Neuroscience1 William Bechtel Department of Philosophy and Science Studies University of California, San Diego 1. The Epistemology of Evidence It is no secret that scientists argue. They argue about theories. But even more, they argue about the evidence for theories. Is the evidence itself trustworthy? This is a bit surprising from the perspective of traditional empiricist accounts of scientific methodology according to which the evidence for scientific theories stems from observation, especially observation with the naked eye. These accounts portray the testing of scientific theories as a matter of comparing the predictions of the theory with the data generated by these observations, which are taken to provide an objective link to reality. One lesson philosophers of science have learned in the last 40 years is that even observation with the naked eye is not as epistemically straightforward as was once assumed. What one is able to see depends upon one’s training: a novice looking through a microscope may fail to recognize the neuron and its processes (Hanson, 1958; Kuhn, 1962/1970).2 But a second lesson is only beginning to be appreciated: evidence in science is often not procured through simple observations with the naked eye, but observations mediated by complex instruments and sophisticated research techniques. What is most important, epistemically, about these techniques is that they often radically alter the phenomena under investigation. -
There Is No Pure Empirical Reasoning
There 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. -
Examining the Philosophical Inconsistencies of Libertarian Paternalism
Munich Personal RePEc Archive The Curious Case of Choice Architect: Examining the Philosophical Inconsistencies of Libertarian Paternalism Kuriakose, Francis and Kylasam Iyer, Deepa Erasmus University Rotterdam, University of Cambridge 24 April 2017 Online at https://mpra.ub.uni-muenchen.de/84842/ MPRA Paper No. 84842, posted 06 Nov 2019 16:37 UTC The Curious Case of Choice Architect: Examining the Philosophical Inconsistencies of Libertarian Paternalism Francis Kuriakose and Deepa Kylasam Iyer April 2017 Abstract Classical economics works on the principle that individuals are rational and make decisions to maximize their self interest. However in real situations, individuals face a conflict between rational and irrational selves leading to decision making that does not leave them better off. Libertarian paternalism proposes a solution to this rationality problem in an individual by conceiving a choice architect. Choice architect is a third party capable of arriving at what a perfectly rational choice would be and ‘nudges’ an individual towards making that choice. Libertarian paternalists claim that choice architect does not interfere with the freedom of an individual because the choices he offers are easily reversible, i.e, an individual can reject it at any given point in time. Libertarian Paternalism seems to offer the third way between absolute autonomy of individual choice (libertarianism) and third party intervention (paternalism). This paper argues that the conception of a choice architect comes out of a hasty commitment to reconciling libertarianism and paternalism by placing perfect rationality and autonomy in two separate individuals in the case of a single decision making process. The paper proposes alternatives to confront the rationality problem. -
The Law and the Brain: Judging Scientific Evidence of Intent
The 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. -
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". -
THE SCIENTIFIC METHOD and the LAW by Bemvam L
Hastings 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. -
Contrastive Empiricism
Elliott 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. -
Analysis - Identify Assumptions, Reasons and Claims, and Examine How They Interact in the Formation of Arguments
Analysis - identify assumptions, reasons and claims, and examine how they interact in the formation of arguments. Individuals use analytics to gather information from charts, graphs, diagrams, spoken language and documents. People with strong analytical skills attend to patterns and to details. They identify the elements of a situation and determine how those parts interact. Strong interpretations skills can support high quality analysis by providing insights into the significance of what a person is saying or what something means. Inference - draw conclusions from reasons and evidence. Inference is used when someone offers thoughtful suggestions and hypothesis. Inference skills indicate the necessary or the very probable consequences of a given set of facts and conditions. Conclusions, hypotheses, recommendations or decisions that are based on faulty analysis, misinformation, bad data or biased evaluations can turn out to be mistaken, even if they have reached using excellent inference skills. Evaluative - assess the credibility of sources of information and the claims they make, and determine the strength and weakness or arguments. Applying evaluation skills can judge the quality of analysis, interpretations, explanations, inferences, options, opinions, beliefs, ideas, proposals, and decisions. Strong explanation skills can support high quality evaluation by providing evidence, reasons, methods, criteria, or assumptions behind the claims made and the conclusions reached. Deduction - decision making in precisely defined contexts where rules, operating conditions, core beliefs, values, policies, principles, procedures and terminology completely determine the outcome. Deductive reasoning moves with exacting precision from the assumed truth of a set of beliefs to a conclusion which cannot be false if those beliefs are untrue. Deductive validity is rigorously logical and clear-cut. -
“Junk Science”: the Criminal Cases
Case 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. -
Ohio Rules of Evidence
OHIO RULES OF EVIDENCE Article I GENERAL PROVISIONS Rule 101 Scope of rules: applicability; privileges; exceptions 102 Purpose and construction; supplementary principles 103 Rulings on evidence 104 Preliminary questions 105 Limited admissibility 106 Remainder of or related writings or recorded statements Article II JUDICIAL NOTICE 201 Judicial notice of adjudicative facts Article III PRESUMPTIONS 301 Presumptions in general in civil actions and proceedings 302 [Reserved] Article IV RELEVANCY AND ITS LIMITS 401 Definition of “relevant evidence” 402 Relevant evidence generally admissible; irrelevant evidence inadmissible 403 Exclusion of relevant evidence on grounds of prejudice, confusion, or undue delay 404 Character evidence not admissible to prove conduct; exceptions; other crimes 405 Methods of proving character 406 Habit; routine practice 407 Subsequent remedial measures 408 Compromise and offers to compromise 409 Payment of medical and similar expenses 410 Inadmissibility of pleas, offers of pleas, and related statements 411 Liability insurance Article V PRIVILEGES 501 General rule Article VI WITNESS 601 General rule of competency 602 Lack of personal knowledge 603 Oath or affirmation Rule 604 Interpreters 605 Competency of judge as witness 606 Competency of juror as witness 607 Impeachment 608 Evidence of character and conduct of witness 609 Impeachment by evidence of conviction of crime 610 Religious beliefs or opinions 611 Mode and order of interrogation and presentation 612 Writing used to refresh memory 613 Impeachment by self-contradiction -
"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.