"This work springs from a conviction of the unity of nature, expressed here in a single principle. In its earliest form this conviction was merely the sense of a hidden unity of form in nature, which the intellect had not yet identified. At that stage it had little value, except in creating the need to find a rational justification for the a-rational feeling. Soon I realised that the discovery of a universal form of process was hindered by the intellectual (...) separation of the processes of subjective experience from those of the external world. It was necessary to bring into closer relation the scientific conception of the forms of external nature and the subjective sense of the forms of experience. This in turn led to the recognition that the methods of exact science had paid inadequate attention to the irreversible or one-way character of process, which is unmistakable in the subjective realm, but is also evident in many inorganic and organic processes, such as those do which form is developed. I expressed this view in a sketch of the outlook of the sciences, entitled Archimedes, or the Future of Physics (1927). The next step was the observation that one principle only could account for the development of regular spatial forms: the principle that asymmetry decreases in isolable processes. This concept of one-way process appeared to me to be the most general conception of spatial process conceivable at the present time, so that all other types of process should be capable of being represented as special cases. I called it the Unitary Principle and determined to use it as the basis of a comprehensive scientific method."--The preface. (shrink)

The problem of the peculiarcharacter of chemical laws and theories is a central topic in philosophy of chemistry. Oneof the most characteristic and, at the sametime, most puzzling examples in discussions onchemical laws and theories is Mendeleev''speriodic law. This law seems to be essentiallydifferent in its nature from the exact laws ofclassical physics, the latter being usuallyregarded as a paradigm of science byphilosophers. In this paper the main argumentsconcerning the peculiar character of chemicallaws and theories are examined. The laws ofchemistry (...) are natural laws to the same extentas are the laws of physics. The law discoveredby Mendeleev is a normal law of nature. It isnot a law of physics, nevertheless, it is exactin the same philosophical sense as are the lawsof physics. The periodic system of chemicalelements was established by constructing anidealized system of idealized elements. Thefundamental idealization substantiated byexperimental chemistry was the chemicalelement as a place in the periodicsystem. (shrink)

This article provides an overview of, and thematic justification for, the special issue of the journal of Artificial Intelligence and Law entitled “E-Discovery”. In attempting to define a characteristic “AI & Law” approach to e-discovery, and since a central theme of AI & Law involves computationally modeling legal knowledge, reasoning and decision making, we focus on the theme of representing and reasoning with litigators’ theories or hypotheses about document relevance through a variety of techniques including machine learning. We (...) also identify two emerging techniques for enabling users’ document queries to better express the theories of relevance and connect them to documents: social network analysis and a hypothesis ontology. (shrink)

The theme surrounding scientific discoveries is quite neglected in and about the sciences, especially in terms of historical and epistemological understanding. Discoveries are often treated as simple information about dates, places, and people. This work presents discussions centered on historical episodes related to chemical elements and the Periodic Law, based on reflections by Thomas Kuhn and Norwood Hanson, aiming to highlight and contextualize specific scientific discoveries' conceptual and epistemological structure. With that in mind, issues related to the inseparability of the (...) contexts of discovery and justification are recovered, along with the complex intrinsic structures of the genesis of scientific knowledge and distinct types and categories of scientific discoveries. (shrink)

Despite Kepler's candid and detailed report on the discovery of his first two laws, the problem of the origin of these laws still remains unresolved. Attempts to unravel the problem have varied from considering the discovery a chance to one arising from a well-reasoned, patient, and systematic empirical study of Tycho Brahe's observations . On the issue of the influence of non-scientific factors on this discovery also various views exist. Small and Dreyer do not even consider this (...) question. Strong and, to some extent, Westman deny any positive role to such an influence, whereas Koestler and, in some sense, Burtt seem to go to the other extreme. Between these two extremes lie the views of Aiton, Gingerich, Holton, Koyre, and Wilson. I argue that all these attempts are either inaccurate or incomplete because they fail to pay attention to all the relevant factors involved. In Kepler's works and thought I see an interaction among empirical, philosophical, and religious ideas. I show that this interaction had a decisive role to play in the discovery of the laws. If Kepler had emphasized only the empirical, he probably would have been another Tycho, but not the discoverer of the laws and the father of modern astronomy. On the other hand, if he had concentrated only on the philosophical, he would have remained just one among the renaissance natural philosophers. Religious ideas alone also would not have led him to the laws. But when all the three were allowed to interact and collaborate, mutually modifying and complementing each other, the result was the laws. My study has two parts. In the first part I identify and discuss Kepler's religious, philosophical, and scientific ideas. In the second part I discuss his actual discovery of the first two laws. I divide the process of discovery into different stages and show that in each all the three factors had to collaborate to make the discovery possible. I base my studies on Kepler's own original books and letters, supplemented by reflection and commentaries on them by eminent Kepler scholars. (shrink)

Is there a logic of scientific discovery? Are there logical relations between the knowledge scientists posses as they start their investigations and new hypotheses and theories they formulate? Can such relations be retrospectively reconstructed? Most philosophers of science in 20 th century claimed that processes of inventing new hypotheses or theories are not governed by any rules of logic. They claimed that new hypotheses are products of “leaps of imagination” that cannot be logically analyzed.

This article traces the continuities in Pocock's work from his early exploration of the 'common law mind' to his recent work calling for a rethinking of English history and an appreciation of its British context. His work is understood here as the product of perspectives available to him as a New Zealander made aware by his own history of the central roles in all human history played by the movement of people across continents and (especially) across oceans, and by the (...) ways in which different cultures situate themselves in time. Pocock's exploration of the history of 'political thought' has, indeed, often been concerned most with that form of political thinking and identity formation that was rooted in a society's understanding of its own past. This is the key continuity explored in the article. (shrink)

BACON.3 is a production system that discovers empirical laws. Although it does not attempt to model the human discovery process in detail, it incorporates some general heuristics that can lead to discovery in a number of domains. The main heuristics detect constancies and trends in data, and lead to the formulation of hypotheses and the definition of theoretical terms. Rather than making a hard distinction between data and hypotheses, the program represents information at varying levels of description. The (...) lowest levels correspond to direct observations, while the highest correspond to hypotheses that explain everything so for observed. To take advantage of this representation, BACON.3 has the ability to carry out and relate multiple experiments, collapse hypotheses with identical conditions, ignore differences to let similar concepts be treated as equal, and to discover and ignore irrelevant variables. BACON.3 has shown its generality by rediscovering versions of the ideal gas law, Kepler's third law of planetary motion, Coulomb's law, Ohm's law, and Galileo's laws for the pendulum and constant acceleration. (shrink)

In this paper I argue against the traditional viewthat in discovery processes there is no place forrational decisions. First I argue that some historicalprocesses in which an empirical law was developed,were rational. Second, I identify some of themethodological rules that we can follow in order to berational when constructing an empirical law. Finally,I argue that people who deny that scientific discoverycan be rational do not understand the nature ofmethodological rules.

Scientific discovery is often regarded as romantic and creative - and hence unanalyzable - whereas the everyday process of verifying discoveries is sober and more suited to analysis. Yet this fascinating exploration of how scientific work proceeds argues that however sudden the moment of discovery may seem, the discovery process can be described and modeled. Using the methods and concepts of contemporary information-processing psychology (or cognitive science) the authors develop a series of artificial-intelligence programs that can simulate (...) the human thought processes used to discover scientific laws. The programs - BACON, DALTON, GLAUBER, and STAHL - are all largely data-driven, that is, when presented with series of chemical or physical measurements they search for uniformities and linking elements, generating and checking hypotheses and creating new concepts as they go along. "Scientific Discovery examines the nature of scientific research and reviews the arguments for and against a normative theory of discovery; describes the evolution of the BACON programs, which discover quantitative empirical laws and invent new concepts; presents programs that discover laws in qualitative and quantitative data; and ties the results together, suggesting how a combined and extended program might find research problems, invent new instruments, and invent appropriate problem representations. Numerous prominent historical examples of discoveries from physics and chemistry are used as tests for the programs and anchor the discussion concretely in the history of science. Pat Langley is an Associate Professor in the Department of Information and Computer Science at the University of California, Irvine.Herbert Simon is a Professor in the Departments of Psychology, Computer Science, and Philosophy at Carnegie-Mellon University. Gary L. Bradshaw is an Assistant Professor in the Department of Psychology and Institute of Cognitive Science at the University of Colorado, Boulder. Jan M. Zytkow is an Associate Professor in the Computer Science Department at Wichita State University. (shrink)

On Discovery became a key reference for anyone who wanted to know about "firsts" in theology, philosophy, science, technology, literature, language, law, material culture, and other fields. Polydore took his information from dozens of Greek, Roman, biblical, and Patristic authorities. His main point was to show that many Greek and Roman claims for discovery were false and that ancient Jews or other Asian peoples had priority.

The Laws was Plato's last work, his longest, and one of his most difficult. In contrast to the Republic, which presents an abstract ideal not intended for any actual community, the Laws seems to provide practical guidelines for the establishment and maintenance of political order in the real world. With this book, the distinguished classicist Seth Benardete offers an insightful analysis and commentary on this rich and complex dialogue. Each of the chapters corresponds to one of the twelve books of (...) the Laws, illuminating the major themes and arguments, which have to do with theology, the soul, justice, and education. The Greek word for law, "nomos," also means musical tune. Bernardete shows how music--in the broadest sense, including drama, epic poetry, and even puppetry--mediates between reason and the city in Plato's philosophy of law. Most broadly, however, Benardete here uncovers the concealed ontological dimension of the Laws, explaining why it is concealed and how it comes to light. In establishing the coherence and underlying organization of Plato's last dialogue, Benardete makes a significant contribution to Platonic studies. (shrink)

Kenneth F. Schaffner compares the practice of biological and medical research and shows how traditional topics in philosophy of science—such as the nature of theories and of explanation—can illuminate the life sciences. While Schaffner pays some attention to the conceptual questions of evolutionary biology, his chief focus is on the examples that immunology, human genetics, neuroscience, and internal medicine provide for examinations of the way scientists develop, examine, test, and apply theories. Although traditional philosophy of science has regarded scientific (...) class='Hi'>discovery—the questions of creativity in science—as a subject for psychological rather than philosophical study, Schaffner argues that recent work in cognitive science and artificial intelligence enables researchers to rationally analyze the nature of discovery. As a philosopher of science who holds an M.D., he has examined biomedical work from the inside and uses detailed examples from the entire range of the life sciences to support the semantic approach to scientific theories, addressing whether there are "laws" in the life sciences as there are in the physical sciences. Schaffner's novel use of philosophical tools to deal with scientific research in all of its complexity provides a distinctive angle on basic questions of scientific evaluation and explanation. (shrink)

Knowledge of residual perturbations in the orbit of Uranus in the early 1840s did not lead to the refutation of Newton's law of gravitation but instead to the discovery of Neptune in 1846. Karl Popper asserts that this case is atypical of science and that the law of gravitation was at least prima facie falsified by these perturbations. I argue that these assertions are the product of a false, a priori methodological position I call, 'Weak Popperian Falsificationism'. Further, on (...) the evidence the law was not prima facie false and was not generally considered so by astronomers at the time. Many of Popper's commentators presuppose WPF and their views on this case and its implications for scientific rationality and method suffer from this same defect. (shrink)

This paper addresses the conceptual as well as social origins of Mendeleev’s discovery of the periodic law and its reception by the chemical community by taking account of three factors: Mendeleev’s early research and its relevance to the discovery; his concepts of chemistry, especially that of the chemical elements; and the social context of the discovery and the reception in the chemical community. Mendeleev's clear distinction between abstract elements and simple bodies was a departure from Lavoisier’s famous (...) definition of elements as an endpoint of analysis and originated from his research in indefinite compounds. As a comparison, the paper also analyzes Lothar Meyer’s approach to the classification of the elements. Mendeleev’s new concept of chemical elements and the existence of an audience in the form of the newly established Russian Chemical Society, and his ``German connection'', helped Mendeleev in his discovery and its reception. (shrink)

The history of science is articulated by moments of discovery. Yet, these 'moments' are not simple or isolated events in science. Just as a scientific discovery illuminates our understanding of nature or of society, and reveals new connections among phenomena, so too does the history of scientific activity and the analysis of scientific reasoning illuminate the processes which give rise to moments of discovery and the complex network of consequences which follow upon such moments. Understanding discovery (...) has not been, until recently, a major concern of modem philosophy of science. Whether the act of discoyery was regarded as mysterious and inexplicable, or obvious and in no need of explanation, modem philosophy of science in effect bracketed the question. It concentrated instead on the logic of scientific explanation or on the issues of validation or justification of scientific theories or laws. The recent revival of interest in the context of discovery, indeed in the acts of discovery, on the part of philosophers and historians of science, represents no one particular method'ological or philosophical orientation. It proceeds as much from an empiricist and analytical approach as from a sociological or historical one; from considerations of the logic of science as much as from the alogical or extralogical contexts of scientific tho'¢tt and practice. But, in general, this new interest focuses sharply on the actual historical and contem porary cases of scientific discovery, and on an examination of the act or moment of discovery in situ. (shrink)

The years immediately after the final downfall of Napoleon Bonaparte could easily have been years of anti-climax in French science. In 1815, after two decades of undoubted greatness, the time, I feel, was ripe for decline. And decline might well have occurred if the traditions and the style of science as practised in France in the period of Napoleon's rule had been carried on unchanged by the disciples of the two great men who had dominated work in the physical sciences (...) for so many years. These men, of course, were the chemist Claude Louis Berthollet and the mathematician and physicist Pierre Simon Laplace. (shrink)

Self-discovery leads to the development of the ethics of self-mastery. Many ethical systems prescribe how the individual could attain self-mastery by means of critical self-examination or self-analysis. Once such critical self-examination or self-analysis is successfully carried out, the individual begins to use himself, his personal preferences, as the standard of what is right or wrong. This is the background to the Confucian, Kantian and Existentialist ethics of categorical imperatives. Even in religious ethical systems that attribute the source of the (...) moral law to divine authority, the individual still has to take a leap of faith to discover God's purpose for his existence, which he then internalizes. In the final analysis, any ethics that truly works must issue forth from the self. Hence self-mastery is the absolutely fundamental premise upon which to erect a sound moral character. (shrink)

Excerpt from The Discovery of God Generally speaking, this progress is made through some individual pioneer Of truth who gathers into himself the best in what previous generations have handed down to him, and goes on to richer understandings. These adventures occur all through the Bible's reflection Of the soul of man, and we shall pause at but a few of them. It shall be at such times as when to some sensitive spirit new qualities in God became evi (...) dent, as radium to Madame Curie, or to New ton the law Of gravitation. The experiences Of men like Abraham, Moses, Isaiah, St. Paul, are SO akin to discovery that there is no forcing Of language in the use Of the term. Developing their own insight into the Divine, they Opened up the way by which others could follow their example. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

This study compares Pairs of subjects with Single subjects in a task of discovering scientific laws with the aid of experiments. Subjects solved a molecular genetics task in a computer micro‐world (Dunbar, 1993). Pairs were more successful in discovery than Singles and participated more actively in explanatory activities (i.e., entertaining hypotheses and considering alternative ideas and justifications). Explanatory activities were effective for discovery only when the subjects also conducted crucial experiments. Explanatory activities were facilitated when paired subjects made (...) requests of each other for explanation and focused on them. The study extends from individual to collaborative discovery activities the importance to the discovery process of setting goals to find hypotheses and evidence (Dunbar, 1993) and to construct explanations of phenomena and processes encountered in examples (Chi, Bassok, Lewis, & Glaser, 1989). (shrink)

Fourteen subjects were tape‐recorded while they undertook to find a law to summarize numerical data they were given. The source of the data was not identified, nor were the variables labeled semantically. Unknown to the subjects, the data were measurements of the distances of the planets from the sun and the periods of their revolutions about it—equivalent to the data used by Johannes Kepler to discover his third law of planetary motion.Four of the 14 subjects discovered the same law as (...) Kepler did (the period varies as the 3/2 power of the distance), and a fifth came very close to the answer. The subiects' protocols provide a detailed picture of the problem‐solving searches they engaged in, which were mainly, but not exclusively, in the space of possible functions for fitting the data, and provide explanations as to why some succeeded and the others failed.The search heuristics used by the subjects are similar to those embodied in the BACON program, computer simulation of certain scientific discovery processes. The experiment demonstrates the feasibility of examining some of the processes of scientific discovery by recreating, in the laboratory, discovery situations of substantial historical relevance. It demonstrates also, that under conditions rather similar to those of the original discoverer, a law can be rediscovered by persons of ordinary intelligence (i.e., the intelligence needed for academic success in a good university). The data for the successful subjects reveal no “creative” processes in this kind of a discovery situation different from those that are regularly observed in all kinds of problem‐solving settings. (shrink)

Ever since Newton created dynamics, there has been controversy about its foundations. Are space and time absolute? Do they form a rigid but invisible framework and container of the universe? Or are space, time, and motion relative? If so, does Newton's 'framework' arise through the influence of the universe at large, as Ernst Mach suggested? Einstein's aim when creating his general theory of relativity was to demonstrate this and thereby implement 'Mach's Principle'. However, it is widely believed that he achieved (...) only partial success. This question of whether motion is absolute or relative has been a central issues in philosophy; the nature of time has perennial interest. Current attempts to create a quantum description of the whole universe keep these issues at the cutting edge of modern research. Written by the world's leading expert on Mach's Principle, The Discovery of Dynamics is a highly original account of the development of notions about space, time, and motion. Widely praised in its hardback version, it is one of the fullest and most readable accounts of the astronomical studies that culminated in Kepler's laws of planetary motion and of the creation of dynamics by Galileo, Descartes, Huygens, and Newton. Originally published as Absolute or Relative Motion?, Vol. 1: The Discovery of Dynamics, The Discovery of Dynamics provides the technical background to Barbour's recently published The End of Time, in which he argues that time disappears from the description of the quantum universe. (shrink)

What constitutes a scientific discovery? What role do discoveries play in science, its dynamics and social practices? Must every discovery be attributed to an individual discoverer (or a small number of discoverers)? The paper explores these questions by first critically examining extant philosophical explications of scientific discovery—the models of scientific discovery, propounded by Kuhn, McArthur, Hudson, and Schindler. As a simple, natural and powerful alternative, we proffer the “change-driver model”: in a nutshell, it takes discoveries to (...) be cognitive scientific results that have epistemically advanced science. The model overcomes the shortcomings of its precursors, whilst preserving their insights. We demonstrate its intensional and extensional superiority, especially with respect to the link between scientific discoveries and the dynamics of science, as well as the award system of science. Both as an illustration, and as an application to a recent scientific and political controversy, we apply the considered models of discovery to one of the most momentous discoveries of science: the expansion of the universe. We oppose the 2018 proposal of the International Astronomers’ Union as too simplistic vis-`a-vis the historical complexity of the episode. The change- driver model yields a more nuanced and circumspect verdict: (i) The redshift-distance relation shouldn’t be named the “Hubble-Lemaître Law”, but “Slipher-Lundmark-Hubble-Humason Law”; (ii) Its interpretation in terms of an expanding universe, however, Lemaître ought to be given credit for; but (iii) The establishment of the expansion of the universe, as an evidentially sufficiently warranted result, is a communal achievement, emerging in the 1950s or 1960s. (shrink)

In twelve dense and detailed chapters, corresponding to the twelve chapters of the Laws, Seth Benardete provides both a commentary and interpretation of Plato’s last work. His “primary purpose... is to try to uncover its concealed ontological dimension and explain why it is concealed and how it comes to light”. Through a comparison with many of the Socratic dialogues, particularly the Republic and the Phaedrus, and with frequent reference to Greek mythology, history, tragedy, and philosophy, the author reveals layers of (...) meaning and references that presentthe Laws, contrary to customary opinion, as a rich and philosophically provocative book. (shrink)

Health care begins as an act of conscience, which urges a response to the sick and holds caregivers accountable to moral standards that public authorities ultimately do not define. Conscience nonetheless expresses itself as a type of dialogue within oneself that is influenced by dialogue with others, especially with society in the form of civil law and professional standards. A well-formed conscience for health care relates the foundations of morality to health care practices and contributes sound moral judgment about them (...) to the common good. Some current health care policies and medical education presume a distorted view of conscience as personal sentiment. These policies circumvent serious discussion and possible resolution of society's most vexing bioethics controversies. (shrink)

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.

Ever since Newton created dynamics, there has been controversy about its foundations. Are space and time absolute? Do they form a rigid but invisible framework and container of the universe? Or are space, time, and motion relative? If so, does Newton's 'framework' arise through the influence of the universe at large, as Ernst Mach suggested? Einstein's aim when creating his general theory of relativity was to demonstrate this and thereby implement 'Mach's Principle'. However, it is widely believed that he achieved (...) only partial success. This question of whether motion is absolute or relative has been a central issues in philosophy; the nature of time has perennial interest. Current attempts to create a quantum description of the whole universe keep these issues at the cutting edge of modern research. Written by the world's leading expert on Mach's Principle, The Discovery of Dynamics is a highly original account of the development of notions about space, time, and motion. Widely praised in its hardback version, it is one of the fullest and most readable accounts of the astronomical studies that culminated in Kepler's laws of planetary motion and of the creation of dynamics by Galileo, Descartes, Huygens, and Newton. Originally published as Absolute or Relative Motion?, Vol. 1: The Discovery of Dynamics, The Discovery of Dynamics provides the technical background to Barbour's recently published The End of Time, in which he argues that time disappears from the description of the quantum universe. (shrink)

The human sciences, says Foucault, are those inquiries about 'man' as the two-faced one. The 'object and knower of knowledge, ' refers to 'man' whose heads look in and out rather than left and right at past and future. Although Foucault is primarily concerned with relations of abstract power rather than human interpersonal relations, the idea of the human sciences - the 'immature sciences' - do provide an intellectual position recast as a target to hit against. A legal system which (...) interprets and represents the value of freedom can do so only if it grows out of the free reciprocity of communicative exchange between free people. Here law functions as a link and as a pivot between possible and ideal, between physical and metaphysical. This volume of the papers presented at the Fifth Round Table on Law and Semiotics is, as is all of Legal semiotics, an investigatory tool: a discovery of legal meaning, and a means of discovery, i.e., a way of producing such evidence that may be further evaluated in judgments of Law's acts and transactions with other sign-systems in the whole sphere of social organization. (shrink)

L’enseignement de la méthodologie scientifique en Psychologie confère un rôle paradigmatique à l’opérationnalisation des « hypothèses générales » : une idée sans rapport précis à l’observation concrète se traduit par la tentative de rejeter une hypothèse statistique nulle au profit d’une hypothèse alternative, dite de recherche, qui opérationnalise l’idée générale. Cette démarche s’avère particulièrement inadaptée à la découverte de lois empiriques. Une loi empirique est définie comme un trou nomothétique émergeant d’un référentiel de la forme Ω x M(X) x M(Y), (...) où Ω est un ensemble d’événements ou d’objets datés dont certains états dans l’ensemble M(Y) sont par hypothèse impossibles étant données certaines conditions initiales décrites dans l’ensemble M(X). Cette approche permet de préciser le regard que l’historien des connaissances peut porter sur les avancées descriptives et nomothétiques de la Psychologie empirique contemporaine. (shrink)

The 1973 archeological discovery of important documents of classical thought known as the Huang-Lao Boshu coupled with advancements in contemporary jurisprudence make possible a reassessment of the philosophies of pre-Qin and early Han China. This study attempts to elucidate the importance of the Huang-Lao school within the intellectual tradition of China through a comparison of the Boshu's philosophical position, particularly its understanding of the relation between law and morality, with the respective views of major thinkers of the period--Confucius, Han (...) Fei, Lao Zi, Zhuang Zi, and to a lesser extent, Shen Dao, Shen Buhai and the authors of the Guan Zi and He Guan Zi. So doing reveals Huang-Lao to be a unique and sophisticated social and political philosophy which, until its expulsion from court by Emperor Wu and subsequent adoption by Daoist religion, served as the ideological foundation for the post-Qin reforms of the early Han. (shrink)

In this work, we provide a broad overview of the distinct stages of E-Discovery. We portray them as an interconnected, often complex workflow process, while relating them to the general Electronic Discovery Reference Model (EDRM). We start with the definition of E-Discovery. We then describe the very positive role that NIST’s Text REtrieval Conference (TREC) has added to the science of E-Discovery, in terms of the tasks involved and the evaluation of the legal discovery work (...) performed. Given the critical nature that data analysis plays at various stages of the process, we present a pyramid model, which complements the EDRM model: for gathering and hosting; indexing; searching and navigating; and finally consolidating and summarizing E-Discovery findings. Next we discuss where the current areas of need and areas of growth appear to be, using one of the field’s most authoritative surveys of providers and consumers of E-Discovery products and services. We subsequently address some areas of Artificial Intelligence, both Information Retrieval-related and not, which promise to make future contributions to the E-Discovery discipline. Some of these areas include data mining applied to e-mail and social networks, classification and machine learning, and the technologies that will enable next generation E-Discovery. The lesson we convey is that the more IR researchers and others understand the broader context of E-Discovery, including the stages that occur before and after primary search, the greater will be the prospects for broader solutions, creative optimizations and synergies yet to be tapped. (shrink)

Simultaneous discovery in science has been a subject of close historical investigations, not only for assessing claims of priority, which occasionally generate controversy rather than consensus, but also for understanding the cultural and intellectual context of the time. Thomas S. Kuhn is a pioneer in the contextual study of simultaneous discovery, and his paper on the formulation of the first law of thermodynamics has already become a classic.

This work suggests how much human sciences can learn from a booklet almost all cultures know, The Little Prince. It stimulates to read them in their anthropological aspects of behavior facing alterity, highlighting its value without proposing it as educational element to homogenize the different. The reflection is thus focused on the demolishing and lasting effects of European culture during its colonization of American and African people. The contribution ends with Ferraioli and De Vitoria's considerations on a society based on (...) the axiom of the free circulation of men and goods, and the legitimization of thinking given by natural law. (shrink)

The law of the future faces fundamental challenges that it cannot overcome by means of ‘tried and trusted’ dogmatics alone. Nor can it, from a methodological standpoint, take refuge in a purportedly apolitical hermeneutics or a one-sided application of empirical methods. Its responsibilities are not exhausted in mere steering, innovation or stimulating operations, but also encompass critical-emancipatory functions. Methodological reflection and legal critique - understood as social theory in the ‘interior’ of law - enable legal doctrine to meet the particular (...) demands that arise from the simultaneous affiliation of jurisprudence to the systems of law and science. The future development of legal studies thus requires a foundational research approach that preserves the interdisciplinary connection to neighbouring disciplines in the humanities and social sciences, and provides impetus for enlightened self-critique and self-reflection. Only in this way - through the emergence of jurisprudence from its self-incurred ignorance regarding its social function - might legal practice assert itself in everyday legal life and confront the injustices of the legal world with its own thinking. Such critical legal thinking demands more than just the perpetuation of traditions based on the history of ideas. Nor can it be satisfied through the mere cultivation of empirical approaches to reality. It must aim to develop and unfold a normative concept of law, and write this forward into the future. It derives its essential reflective potential from social-theoretical modelling and methodological development. In the process, the reciprocal confrontation and translation of rival theoretical models opens new learning possibilities not to solve legal conflicts, but to treat them more judiciously. Here, it is above all the foundational legal subjects that, through their discrete approaches and perspectives, open diverse and flexible entryways to the potentialities and actualities of law and, particularly in light of new cases, ensure the necessary variance of options for perception and action. The future of law resides in experimental testing and innovative discovery, in the creative quest for alternative possibilities and possible realities, in the critical and constructive struggle for the law of the future - as the ecological law of future life in the next bio-digital society. (shrink)

It is a commonplace that one of the primary tasks of natural science is to discover the laws of nature. Those who don’t think that nature has laws will of course disagree; but of those who do, most will be in accord with Armstrong when he writes that natural science, having discovered the kinds and properties of things, should “state the laws” which those things “obey” (Armstrong What is a law 3). No Scholastic philosopher would have included the discovery (...) of the laws of nature among the aims of natural philosophy. Regularities there may be in an Aristotelian world, but the focus of inquiry is elsewhere —on natural kinds, powers, qualities, temperaments. There must have been a change of view at some point. The obvious period in which to look for that change is that period in which the notion of law came to the fore in natural philosophy: the seventeenth century. Though there has been occasional dissension, that notion has been with us ever since. Scientists are quite happy to talk about all sorts of laws, from the basic laws of conservation to “phenomenological” and statistical laws. Philosophers, on the other hand, have found them puzzling. The character attributed to laws seems to be in need of explanation, and yet no convincing explanation is at hand; indeed, as I have mentioned, some philosophers think that natural science has no laws, or at least that it doesn’t need to appeal to them to accomplish its ends. My suggestion will be that the configuration of features characteristic.. (shrink)