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Patternicity and Persuasion: Evolutionary Biology As a Bridge Between Economic and Narrative Analysis in the Law
PATTERNICITY AND PERSUASION: EVOLUTIONARY BIOLOGY AS A BRIDGE BETWEEN ECONOMIC AND NARRATIVE ANALYSIS IN THE LAW James D. Ridgway* ―We are not Homo sapiens, Wise Man . We are Pan narrans, the storytelling ape.‖1 A defining characteristic of humanity is our pervasive use of tools to solve problems. Legal theory is an endeavor with its own toolbox: methods of construction and deconstruction that are applied to a huge spectrum of problems. In recent years, economics has been one of the law‘s dominant analytical tools, and evolutionary biology has rapidly increased in its usage.2 Narrative theory—the study of storytelling and how it influences the decision-making process3—is far less discussed as a tool of legal analysis, but has its own adherents. Although these tools are clearly useful, their foundations and persuasive power have not been fully explored. As demonstrated by this article, evolutionary biology can now explain how human beings instinctively approach legal analysis and what features from economic and narrative analysis are rooted in the information processing functions of the brain. As a result, the most effective aspects of each can be synthesized into a new tool: analysis of the archetypal interactions that can be used to dissect any legal problem. On the surface, these tools may appear to be distinct. Yet, the connections between economics, narrative theory, and evolution run deep. Charles Darwin was aware of the power of narratives, and historians agree * Professorial Lecturer in Law, the George Washington University School of Law. This paper was presented at the Twelfth Society for Evolutionary Analysis in Law Scholarship Conference at the Loyola Law School-Los Angeles in February 2011. -
Michael Brant Shermer
Curriculum Vitae Michael Brant Shermer 2761 N. Marengo Ave., Altadena, CA 91001 626/794-3119 (P), 626/794-1301 (F), [email protected] Education Ph.D. Claremont Graduate School: 1991 History of Science (Dissertation: Alfred Russel Wallace: Heretic Scientist. Ann Arbor, MI: UMI Dissertation Information Service) M.A. California State University, Fullerton: 1978 Experimental Psychology B.A. Pepperdine University: 1976 Psychology/Biology Professional Positions 2010 – Present: Presidential Fellow, Chapman University 2007 - 2011: Adjunct Professor, Claremont Graduate University 1992 - Present: Founding Publisher/Editor-in-Chief, Skeptic magazine 1992 - Present: Executive Director, Skeptics Society 2015 - Present: Host, Science Salon Podcast 2001 - 2019: Contributing Editor and Monthly Columnist, Scientific American 1992 - 2015: Host, Skeptics Lecture Series at the California Institute of Technology (Caltech) 1998 - 2010: Science Correspondent, KPCC, 89.3 FM, NPR affiliate for L.A. 1999 - 2000 Consulting Producer/Host, Exploring the Unknown 13-hour TV series, Fox Family 1989 - 1998 Adjunct Professor, Cultural Studies Program, Occidental College 1991 - 1993 Adjunct Professor, History of Science, California State University, Los Angeles 1986 - 1991 Assistant Professor of Psychology, Glendale College 1980 - 1986 Instructor of Psychology, Glendale College Courses Taught Chapman University (2010-Present): Skepticism 101: How to Think Like a Scientist Honors Seminar: The Moral Arc of Science Honors Seminar: Evolution, Ethics, and Morality Claremont Graduate University (2007-2011): Evolution, Economics, and the Brain Science and Morality Occidental College (1989-1998): 1. Science: Its History and Impact from Copernicus to Einstein 2. Evolution: The History and Science of the Theory 3. European Intellectual and Cultural History 4. Science, Technology, and Culture (Core program team-taught course) 5. -
PAUL KURTZ in MEMORIAM Paul Kurtz, Philosopher, Humanist Leader, and Founder of the Modern Skeptical Movement, Dies at Eighty-Six TOM FLYNN
Jan Feb 13 2_SI new design masters 11/29/12 11:26 AM Page 5 [ PAUL KURTZ IN MEMORIAM Paul Kurtz, Philosopher, Humanist Leader, and Founder of the Modern Skeptical Movement, Dies at Eighty-Six TOM FLYNN Paul Kurtz, founder and longtime chair At NYU Kurtz studied philosophy of the Committee for Skeptical Inquiry, under Sidney Hook, who had himself the Council for Secular Humanism, and been a protégé of the pragmatist philoso- the Center for Inquiry, died at the age pher John Dewey. The philosophy of of eighty-six on October 20, 2012. He Dewey and Hook, arguably the greatest was one of the most influential figures American thinkers in the humanist tra- in the humanist and skeptical move- dition, would deeply in fluence Kurtz’s ments from the late 1960s through the thought and activism. Kurtz graduated first decade of the twenty-first century. from NYU in 1948 and earned his PhD Among his best-known creations are in philosophy at Columbia University in the skeptics’ magazine SKEPTICAL IN- 1952. QUIRER, the secular humanist magazine Free Inquiry, and the independent pub- Academic Career lisher Prometheus Books. Kurtz taught philosophy at Trinity Col- Jonathan Kurtz, Paul’s son, told SI that lege from 1952 to 1959. He joined the his father had a “‘joyous’ last day, joking, faculty at Union College from 1961 to laughing, etc. He then died suddenly to- 1965; during this period he was also a ward bedtime. There was no suffering.” A visiting lecturer at the New School for joint CFI/CSI/CSH statement marked Social Research. -
The Disbelieving Michael Shermer: a Review Essay of Michael Shermer’S the Believing Brain
Volume 5, No. 1, April 2012 89 The Disbelieving Michael Shermer: A Review Essay of Michael Shermer’s The Believing Brain Eugene A. Curry1 Michael Shermer. The Believing Brain: From Ghosts and Gods to Politics and Conspiracies: How We Construct Beliefs and Reinforce Them as Truths. New York: Times Books, 2011. ISBN-13: 978-0805091250 (hardcover). 400 pages. $28.00 Introduction Michael Shermer is an interesting man. He is a former professional cyclist, a professor at Claremont Graduate University in California, and the Executive Director of the Skeptics Society. It is in this last role as a professional unbeliever that Shermer has really made a name for himself. Raised within a household largely apathetic to religious issues, Shermer embraced Christianity as a teenager and pursued his new spirituality with gusto. But after some time Shermer‘s faith began to wane and ultimately guttered out. Now, armed with an education in experimental psychology and history, Shermer opposes belief in all things supernatural and paranormal by writing books on these issues, publishing a magazine entitled Skeptic, debating prominent believers, and standing in as the designated doubter in various media appearances. 1. Eugene Curry is Senior Pastor of The First Baptist Church of Granada Hills, CA. E- mail: [email protected] 90 The Journal of the International Society of Christian Apologetics Shermer‘s latest book, The Believing Brain: From Ghosts and Gods to Politics and Conspiracies—How We Construct Beliefs and Reinforce Them as Truths, pursues this very track, sketching out the various dynamics that undergird human thought and then analyzing a range of beliefs he finds incredible with reference to that theoretical framework. -
CFI-Annual-Report-2018.Pdf
Message from the President and CEO Last year was another banner year for the Center the interests of people who embrace reason, for Inquiry. We worked our secular magic in a science, and humanism—the principles of the vast variety of ways: from saving lives of secular Enlightenment. activists around the world who are threatened It is no secret that these powerful ideas like with violence and persecution to taking the no others have advanced humankind by nation’s largest drugstore chain, CVS, to court unlocking human potential, promoting goodness, for marketing homeopathic snake oil as if it’s real and exposing the true nature of reality. If you medicine. are looking for humanity’s true salvation, CFI stands up for reason and science in a way no look no further. other organization in the country does, because This past year we sought to export those ideas to we promote secular and humanist values as well places where they have yet to penetrate. as scientific skepticism and critical thinking. The Translations Project has taken the influential But you likely already know that if you are reading evolutionary biology and atheism books of this report, as it is designed with our supporters in Richard Dawkins and translated them into four mind. We want you not only to be informed about languages dominant in the Muslim world: Arabic, where your investment is going; we want you to Urdu, Indonesian, and Farsi. They are available for take pride in what we have achieved together. free download on a special website. It is just one When I meet people who are not familiar with CFI, of many such projects aimed at educating people they often ask what it is we do. -
Why Why Darwin Matters Matters Why Darwin Matters: the Case Against Intelligent Design, by Michael Shermer
Evo Edu Outreach DOI 10.1007/s12052-008-0109-9 BOOK REVIEW Why Why Darwin Matters Matters Why Darwin Matters: The Case Against Intelligent Design, by Michael Shermer. New York: Henry Holt, 2006. Pp. xxii + 199. S/b $14.00 Tania Lombrozo # The Author(s) 2008. This article is published with open access at Springerlink.com The first decade of the twenty-first century will be a curious a brief but lucid overview of key evolutionary ideas. He chapter in the future history of evolutionary thought. In emphasizes that the source of resistance to evolution is rarely 2005, resistance to evolution manifested in the highly the scientific details but rather the perceived consequences of publicized trial of Dover, Pennsylvania over teaching evolution: atheism, ethical nihilism, and a lack of meaning. Intelligent Design in public schools. Only four years later, What people care about “is whether teaching evolution will in 2009, universities, museums, and individuals across the make their kids reject God, allow criminals and sinners to globe celebrate the 150th anniversary of the publication of blame their genes for their actions, and generally cause society Darwin’s Origin of Species. Released in the interlude, to fall apart” (p. 25). But according to Shermer, an even Michael Shermer’s Why Darwin Matters: The Case Against greater threat to the theory of evolution is misunderstanding. Intelligent Design takes on the challenge these landmark A large proportion of the public not only misunderstands dates represent: how a thoroughly vetted and accepted evolutionary theory but also aspects of science and the scientific theory can be the source of so much cultural scientific process—for example, that calling evolution a conflict. -
One User's Perspective
How Thinking Goes Wrong Twenty-five Fallacies That Lead Us to Believe Weird Things • From Chapter 3 of “Why people believe weird things” by Michael Shermer 18-Sept-2014 Phys 192 Lecture 3 1 Announcement • Starting next week, class will meet from 1-1:50pm. • We will not go past 1:50pm. • Location is unchanged. • You can always use the 12:30-1:00pm for team meetings. 18-Sept-2014 Phys 192 Lecture 3 2 Team Competition • Name that logical fallacy • Teams get 20 seconds to identify the logical fallacy in each case. • Write your answers on a piece of paper. – Keep your own score. • There are 11 cases. 18-Sept-2014 Phys 192 Lecture 3 3 1. Looking for “judgement day” “The science of astronomy states that the speed of planet Mars has been decreasing in its course toward the eastern direction in the few past weeks to the level we notice the ‘waver’ between the east and the west…and on Wednesday the 30th of July (2004?) the planet movement stopped going toward the eastern direction. Then in the months of August and September…Mars changed its course in the opposite direction to the West – and that until the end of September…which means the sun will rise now from the west on Mars!! And this weird phenomena of the opposite movement called ‘Retrograde motion’ most scientists state that all the planets will go through the same once at least and our planet Earth is one of them. Planet Earth will move in the opposite direction some day and the sun will rise from the west!!” 18-Sept-2014 Phys 192 Lecture 3 4 2. -
Sagan's Baloney Detection
Carl Sagan’s “Baloney Detection Kit” In his 1995 book The Demon-Haunted World: Science as a Candle in the Dark, Carl Sagan provides a list of 20 common fallacies to watch out for (especially in religion and politics). He covers them in detail; this is just the short list: 1 ad hominem (Latin "to the man", attacking the arguer, not the argument) 2 argument from authority 3 argument from adverse consequences 4 appeal to ignorance (the claim that if it's not proved false it must be true; used a lot by creationists) 5 special pleading (often to rescue a proposition in deep rhetorical trouble) 6 begging the question (AKA assuming the answer) 7 observational selection (AKA enumeration of favorable circumstances) 8 statistics of small numbers (related to #7) 9 misunderstanding of the nature of statistics 10 inconsistency 11 non sequitur (Latin "it does not follow") 12 post hoc, ergo propter hoc (Latin "after that, therefore because of that") 13 meaningless question 14 excluded middle (AKA false dichotomy; used a lot in politics) 15 short-term vs. long-term (subset of #14 but Sagan said it's important enough to warrant special attention) 16 slippery slope (related to #14 as well) 17 confusion of correlation and causation 18 straw man 19 suppressed evidence (AKA half-truths) 20 weasel words Michael Shermer, editor and publisher of Skeptic magazine and author of The Borderlands of Science, supplemented Sagan’s list with a set of 10 questions (http://homepages.wmich.edu/%7Ekorista/baloney.html) to ask about truth claims: 1 How reliable is the source -
A Skeptical Look at Overnight
SI May June 2011_SI JF 10 V1 3/25/11 11:53 AM Page 1 Miracle Oil | UFO Abductology Implodes | Water Memory | Book Review: Emperor of All Maladies Vol. 35 No. 3 | May/June 2011 THE MAGAZINE FOR SCIENCE & REASON A Skeptical Look At Overnight Power Lines and Cancer, Distant Healing and Health Care The Numerology of 23 Slaying the Vampire: Solving the Chupacabra Mystery Gho$tly Book Endeavors Published by The Committee for Skeptical Inquiry SI May June 11 CUT_SI new design masters 3/25/11 10:01 AM Page 2 AT THE CEN TERFOR IN QUIRY /TRANSNATIONAL www.csicop.org Paul Kurtz, Founder Joe Nickell, Senior Research Fellow Richard Schroeder, Chairman Massimo Polidoro, Research Fellow Ronald A. Lindsay, President and CEO Benjamin Radford, Research Fellow Bar ry Karr, Ex ec u tive Di rect or Richard Wiseman, Research Fellow James E. Al cock*, psy chol o gist, York Univ., Tor on to Thom as Gi lov ich, psy chol o gist, Cor nell Univ. Lor en Pan kratz, psy chol o gist, Or e gon Health Mar cia An gell, MD, former ed i tor-in-chief, Wendy M. Grossman, writer; founder and first editor, Sci en ces Univ. New Eng land Jour nal of Med i cine The Skeptic magazine (UK) Robert L. Park,professor of physics, Univ. of Maryland Kimball Atwood IV, MD, physician, author, Sus an Haack, Coop er Sen ior Schol ar in Arts and Jay M. Pasachoff, Field Memorial Professor of Newton, MA Sci en ces, professor of phi los o phy and professor Astronomy and director of the Hopkins Steph en Bar rett, MD, psy chi a trist, au thor, con sum er of Law, Univ. -
Comet Elenin Will Not Destroy Earth This Year DAVID MORRISON
SI Sept. Oct 11_SI new design masters 7/26/11 1:09 PM Page 5 [ NEWS AND COMMENT Comet Elenin Will Not Destroy Earth This Year DAVID MORRISON y r o In the middle of the gathering Internet t a v r fear about the doomsday of December e s b O 12, 2012, there have been two new apoc- n i a t alyptic distractions. First there was a n u o M widely reported prediction by fundamen- e l b talist preacher Harold Camp ing (the a T L P founder of “family radio” in Cali fornia) J / s r that the end of the world would begin on e m o S May 21, 2011. Camp ing claim ed that on d n a this date the good people would be trans- , s k c ported to heaven in what is called “the i H , n Rapture.” It now seems clear that this did a m s not happen or that the number of good s i e people is vanishingly small. W In addition, there is growing fear of Comet Elenin on May 5, 2011, when it was 170 million miles from Earth. It is nothing unusual and no dramatic events are expected. newly discovered Comet Elenin, which is variously predicted to collide with Earth exerted strong gravitational or electro- Elenin. Some websites have substituted in October 2011 or to in duce massive magnetic effects on our planet. When photos of the much brighter comet Wild earthquakes and pole shifts from its grav- scientists pointed out that this little 2 and called it Elenin. -
Carl Sagan: the People’S Astronomer by David Morrison, NASA, Ames Research Center
Carl Sagan: The People’s Astronomer by David Morrison, NASA, Ames Research Center Introduction Carl Sagan was the world’s best known scientist in the late 20th century, serving as our guide to the planets during the golden age of solar system exploration. He was both a visionary and a committed defender of rational scientific thinking. For a time, he transcended the usual categories of academics to become a true celebrity. His life illustrates both the advantages (wealth, fame, access to the seats of power) and burdens (loss of privacy, stress, criticism from academic colleagues) this status implies. Sagan was propelled on his academic and public careers by a wealth of talent, a large share of good luck, and an intensely focused drive to succeed. His lifelong quest was to understand the universe, especially our planetary system, and to communicate the thrill of scientific discovery to others. A natural teacher, he loved to explain things and never made a questioner feel stupid for asking. Although Sagan had broad intellectual interests, his pursuit of his career left little time for other activities: he did not play golf or follow sports, take up painting or cooking or photography, sing or play a musical instrument, join a church or synagogue, or watch much television or movies. His first two wives complained that he devoted insufficient time to his marriage or his children (1). It is perhaps a matter of personal taste whether we attribute this drive to personal ego or a genuine commitment to educate and inspire people about science. Undoubtedly there were elements of both motivations present. -
The New Atheist Movement in the Blogosphere: Burlesque and Carnivalesque As Rhetorical Strategies in Visual Productions
The Asian Conference on Media and Mass Communication 2013 Official Conference Proceedings Osaka, Japan The New Atheist Movement in the Blogosphere: Burlesque and Carnivalesque as Rhetorical Strategies in Visual Productions, Desideria Murti University of atma jaya yogyakarta, Indonesia 0201 The Asian Conference on Media and Mass Communication 2013 Official Conference Proceedings 2013 Abstract This paper examines the visual production of the New Atheist Movement in the Blogosphere. The new atheist movement appeared as an action to fight the exclusion and alienation of atheists' beliefs in the U.S. religious discourse. I argue that the images of New Atheism use burlesque and carnivalesque as rhetorical strategies. Result, in the public sphere, the New Atheist movement uses burlesque images to criticize the major religion in the U.S. by critiquing the power dynamic between religion and humanity. The atheists also criticize the relevance of religion with contemporary issues and offer an alternative perspective focusing on human empowerment, science, and technology. The burlesque strategy finally functions to foster in-group identification by comparing atheism with other beliefs. Meanwhile, the carnivalesque images function to uncover the problematic social discourse from the atheistic point of view. When employing a carnivalesque approach in their visual discourse, proponents of New Atheism counter the status quo and offer the “atheist good news.” Through carnivalesque images, atheists reconcile their perspectives and identity within society The analysis on this paper is not only identifying burlesque and carnivalesque strategies of images in the blogosphere, but also to contribute to the understanding of how symbols function in religious discourse in the U.S.