This paper is an exercise in computational jurisprudence. It seems clear that the field of AI and Law should draw upon the insights of legal philosophers, whenever possible. But can the computational perspective offer anything in return? We explore this question by focusing on the concept of OWNERSHIP, which has been debated in the jurisprudential literature for centuries. Although the intellectual currents here flow mostly in one direction -from legal philosophy to AI- we show that there are also some insights (...) to be gained from a computational analysis of the OWNERSHIP relation. In particular, the paper suggests a computational explanation for the emergence of abstract property rights, divorced from concrete material objects. (shrink)

. This paper offers a survey of the current state of Artificial Intelligence and Law, and makes recommendations for future research. Two main areas of investigation are discussed: the practical work on intelligent legal information systems, and the theoretical work on computational models of legal reasoning. In both areas, the knowledge representation problem is identified as the most important issue facing this field.

Everyone has mistaken one thing for another, such as a stranger for an acquaintance. A person who has mistaken two things, Joseph Camp argues, even on a massive scale, is still capable of logical thought. In order to make that idea precise, one needs a logic of confused thought that is blind to the distinction between the objects that have been confused. Confused thought and language cannot be characterized as true or false even though reasoning conducted in such language (...) can be classified as valid or invalid. To the extent that philosophers have addressed this issue at all, they take it for granted that confusion is a kind of ambiguity. Camp rejects this notion; his fundamental claim is that confusion is not a mental state. To attribute confusion to someone is to take up a paternalistic stance in evaluating his reasoning. Camp proposes a novel characterization of confusion, and then demonstrates its fruitfulness with several applications in the history of philosophy and the history of science. (shrink)

A philosophical yet detailed history of the American party battle explaining why partisan debate is so perverse and how it could be made less so. Building upon the heritage of American pragmatism, from Peirce to Rorty and the new pragmatists, as well as the work of historian Charles Beard, the book identifies that battle as a struggle between nation state and market state, with special emphasis on the perversity of Civil War politics.

In 1968, the Harvard criteria equated irreversible coma and apnea with human death and later, the Uniform Determination of Death Act was enacted permitting organ procurement from heart-beating donors. Since then, clinical studies have defined a spectrum of states of impaired consciousness in human beings: coma, akinetic mutism, minimally conscious state, vegetative state and brain death. In this article, we argue against the validity of the Harvard criteria for equating brain death with human death. Brain death does not disrupt somatic (...) integrative unity and coordinated biological functioning of a living organism. Neurological criteria of human death fail to determine the precise moment of an organism’s death when death is established by circulatory criterion in other states of impaired consciousness for organ procurement with non-heart-beating donation protocols. The criterion of circulatory arrest 75 s to 5 min is too short for irreversible cessation of whole brain functions and respiration controlled by the brain stem. Brain -based criteria for determining death with a beating heart exclude relevant anthropologic, psychosocial, cultural, and religious aspects of death and dying in society. Clinical guidelines for determining brain death are not consistently validated by the presence of irreversible brain stem ischemic injury or necrosis on autopsy; therefore, they do not completely exclude reversible loss of integrated neurological functions in donors. The questionable reliability and varying compliance with these guidelines among institutions amplify the risk of determining reversible states of impaired consciousness as irreversible brain death. The scientific uncertainty of defining and determining states of impaired consciousness including brain death have been neither disclosed to the general public nor broadly debated by the medical community or by legal and religious scholars. Heart-beating or non-heart-beating organ procurement from patients with impaired consciousness is de facto a concealed practice of physician-assisted death, and therefore, violates both criminal law and the central tenet of medicine not to do harm to patients. Society must decide if physician-assisted death is permissible and desirable to resolve the conflict about procuring organs from patients with impaired consciousness within the context of the perceived need to enhance the supply of transplantable organs. (shrink)

In early 2017, Nevada amended its Uniform Determination of Death Act, in order to clarify the neurologic criteria for the determination of death. The amendments stipulate that a determination of death is a clinical decision that does not require familial consent and that the appropriate standard for determining neurologic death is the American Academy of Neurology’s guidelines. Once a physician makes such a determination of death, the Nevada amendments require the withdrawal of life-sustaining treatment within twenty-four hours with limited exceptions. (...) Neurologists have generally supported Nevada’s amendments for clarifying the diagnostic standard and limiting the ability of family members to challenge it. However, it is more appropriate to view the Nevada amendments with concern. Even though the primary purpose of the UDDA is to ensure that all functions of a person’s entire brain have ceased, the AAN guidelines do not accurately assess this. In addition, by characterizing the determination of death as solely a clinical decision, the Nevada legislature has improperly ignored the doctrine of informed consent, as well as the beliefs of particular faiths and cultures that reject brain death. Rather than resolving controversies regarding brain death determinations, the Nevada amendments may instead instigate numerous constitutional challenges. (shrink)

The most recent commentators on Edmund Burke have renewed the charge that his political thought lacks the consistency and coherency necessary to even claim the status of a political philosophy and that he is indeed a "utilitarian." They mark him off as an "ideologist," a "rhetorician," and a "deliberate propagandist." Even Burke’s Reflections on the Revolution in France, his most profound statement of a political philosophy, is regarded by some as a work of mere "persuasion," not "philosophy." All this occurs (...) in spite of the seminal work of Stanlis, Canavan, and Wilkins, who in the 1950s and ‘60s, demonstrated the natural law foundations of Burke’s politics. Burke revisionists, forced to acknowledge his use of the "natural law," label such use as a rhetorical means for utilitarian ends. Directly opposed to this renewed "utilitarian" interpretation of Burke is Joseph Pappin’s work The Metaphysics of Edmund Burke. Not only does this work challenge the "utilitarian" view of Burke, it sets out, as not other work on Burke has attempted to do, "to make explicit the implicit metaphysical core of Burke’s political thought." Pappin does this by examining both Burke’s critics and Burke’s own attack on a rationalist, ideologically inspired metaphysics. Drawing from Burke’s vast writings, Pappin establishes as his goal "to demonstrate that Burke’s political philosophy is grounded in a realist metaphysic, one that is basically consonant with the Aristotelian-Thomistic tradition." Does the author succeed? According to Francis Canavan, in his Foreword to this work, the "explanatory key" of a realist metaphysics grounding Burke’s politics "is a key that fits the lock better than any other that scholars have offered." Canavan further holds that the author offers "us a more thorough analysis of Burke’s understanding of God, the creation, nature, man, and society than has previously appeared.". (shrink)

This article is an exercise in computational jurisprudence. It seems clear thatthe field of AI and Law should draw upon the insights of legal philosophers,whenever possible. But can the computational perspective offer anything inreturn? I will explore this question by focusing on the concept of OWNERSHIP,which has been debated in the jurisprudential literature for centuries. Althoughthe intellectual currents here flow mostly in one direction – from legal philosophy to AI – I will show that there are also some insights to (...) be gained from a computational analysis of the OWNERSHIP relation. In particular, the article suggests a computational explanation for the emergence of abstract property rights, divorced from concrete material objects. (shrink)

The impact of _Harukanaru Sanga ni_ upon its publication in 1947 was immediate and dramatic- -the impetus, many have argued, for a post-war peace movement in Japan that has lasted over half a century. Now the text is available for the first time in English as _In the Far Away Mountains and Rivers_, a heart-wrenching and thought-provoking collection of letters, journal entries, and essays written by University of Tokyo students as they were drafted to fight in World War II. Many (...) of these students faced certain death as pilots in the kamikaze squads. Many of them deplored the war, and many were simply motivated by a sense of duty to their families and their country. They turned to poetry, philosophy, and religion—all in an attempt to make sense of the universal tragedy of war. (shrink)

Since the introduction of the concept of brain death by the Ad Hoc Committee of the Harvard Medical School to Examine the Definition of Brain Death in 1968, the validity of this concept has been challenged by medical scientists, as well as by legal, philosophical, and religious scholars. In light of increased criticism of the concept of brain death, Stephen Napier, a staff ethicist at the National Catholic Bioethics Center, set out to prove that the whole-brain death criterion serves as (...) good evidence for death in the Catholic bioethical framework, on the grounds that when whole-brain death has occurred the soul has already departed from the body. Opponents have argued that (1) brain death does not disrupt the somatic integrative unity and coordinated biological functioning of a living organism and (2) clinical tests outlined in the practice guidelines for determining brain death lack sufficient power to exclude persisting function and fail to detect elements of the brain that, although currently functionless, may retain potential for recovery under conditions of optimal medical care. It is therefore possible that heart-beating organ procurement from patients with impaired consciousness is de facto a concealed practice of active euthanasia and physician-assisted death, both of which, either concealed or overt, the Catholic Church opposes. (shrink)

While denying that God has moral obligations, William Alston defends divine moral goodness based on God’s performance of supererogatory acts. The present article argues that an agent without obligations cannot perform supererogatory acts. Hence, divine moral goodness cannot be established on that basis. Defenses of divine moral obligation by Eleonore Stump and Nicholas Wolterstorff are also questioned. Against Stump, it is argued (among other things) that the temptations of Jesus do not establish the existence of a tendency to sin in (...) a divine being. Hence, Stump’s Christological objection to Alston’s denial of divine moral obligation fails. Some counterexamples to that denial offered by Wolterstorff also fail. It is concluded that claims of divine moral goodness remain problematic. (shrink)

Organ donation after cardiac or circulatory death (DCD) has been introduced to increase the supply of transplantable organs. In this paper, we argue that the recovery of viable organs useful for transplantation in DCD is not compatible with the dead donor rule and we explain the consequential ethical and legal ramifications. We also outline serious deficiencies in the current consent process for DCD with respect to disclosure of necessary elements for voluntary informed decision making and respect for the donor's autonomy. (...) We compare two alternative proposals for increasing organ donation consent in society: presumed consent and mandated choice. We conclude that proceeding with the recovery of transplantable organs from decedents requires a paradigm change in the ethics of organ donation. The paradigm change to ensure the legitimacy of DCD practice must include: (1) societal agreement on abandonment of the dead donor rule, (2) legislative revisions reflecting abandonment of the dead donor rule, and (3) requirement of mandated choice to facilitate individual participation in organ donation and to ensure that decisions to participate are made in compliance with the societal values of respect for autonomy and self-determination. (shrink)

Advance health care directives and informed consent remain the cornerstones of patients' right to self-determination regarding medical care and preferences at the end-of-life. However, the effectiveness and clinical applicability of advance health care directives to decision-making on the use of life support systems at the end-of-life is questionable. The Uniform Anatomical Gift Act (UAGA) has been revised in 2006 to permit the use of life support systems at or near death for the purpose of maximizing procurement opportunities of organs medically (...) suitable for transplantation. Some states have enacted the Revised UAGA (2006) and a few of those have included amendments while attempting to preserve the uniformity of the revised Act. Other states have introduced the Revised UAGA (2006) for legislation and remaining states are likely to follow soon. (shrink)

Generalization is a fundamental problem solved by every cognitive system in essentially every domain. Although it is known that how people generalize varies in complex ways depending on the context or domain, it is an open question how people learn the appropriate way to generalize for a new context. To understand this capability, we cast the problem of learning how to generalize as a problem of learning the appropriate hypothesis space for generalization. We propose a normative mathematical framework for learning (...) how to generalize by learning inductive biases for which properties are relevant for generalization in a domain from the statistical structure of features and concepts observed in that domain. More formally, the framework predicts that an ideal learner should learn to generalize by either taking the weighted average of the results of generalizing according to each hypothesis space, with weights given by how well each hypothesis space fits the previously observed concepts, or by using the most likely hypothesis space. We compare the predictions of this framework to human generalization behavior with three experiments in one perceptual (rectangles) and two conceptual (animals and numbers) domains. Across all three studies we find support for the framework's predictions, including individual‐level support for averaging in the third study. (shrink)

Finding that an avian herpesvirus can cause atherosclerosis in chickens prompted studies of human herpesviruses in human atherosclerosis. Antigens and nucleic acid sequences of cytomegalovirus (CMV), a widespread member of the herpesvirus family, were found in arterial lesions in human atherosclerosis, but infectious virus has not been observed. In atherosclerosis patients, high levels of CMV antibodies are present, suggesting the presence of virus that had been activated from a latent state. Atherosclerosis also develops in immunesuppressed heart transplant patients infected with (...) CMV. The properties of CMV are consistent with its involvement at several levels of the atherogenic process. If this concept is correct, immunization with a CMV vaccine should prevent CMV infection and atherosclerosis. (shrink)

Pursuing a suggestion made by Christopher Stead in his book Divine Substance and employing distinctions made by Gottlob Frege in his article “Concept and Object,” it becomes possible to answer a common charge against Trinitarian Theism: its alleged inconsistency in claiming that, while there is only one God, there are also three “persons,” each rightly named “God.” The argument advanced, while supporting the logical coherence of traditional Trinitarian Theism, also defends the orthodoxy of the controversial “Social Trinitarianism” associated with Richard (...) of Saint Victor. (shrink)

In a magisterial book-length study, Professor E. Christian Brugger concludes that the canons of the Council of Trent, given the beliefs and intentions of its participants, provide “a dogmatic definition of the absolute indissolubility of marriage as a truth of divine revelation” (original italics). The present concern is whether Brugger’s arguments support this conclusion. Also subject to scrutiny are the relevance, plausibility, and consistency of the conciliar thinking on which his arguments are premised. It will be argued that Brugger’s conclusion (...) is unwarranted, leaving the question of divorce and remarriage an open one. (shrink)