While available to a multitude, routine health precautions and basic, nonspecialized medical services are lacking in many societies. This may in part be the outcome of attitudinal distortions, not only at the national and global levels, but fundamentally within the patient-physician encounter. Demands for a disturbance-free subsistence clash with values of power and control within health-care sub-systems resulting in an overall neglect of primary needs and a distribution of medical services that benefits select groups. True needs are misrepresented and an (...) intensification of particular services does not fulfill one''s duties toward those who realize little or no services at all. The entire institutional system of medicine requires a rebalancing of rights, intentions and outcomes, beginning with the correlative experiences of patient and physician. (shrink)

A vast literature has developed probing the law's aversion to statistical/probability evidence in general and its rejection of naked statistical evidence in particular. This literature rests on false premises. At least so far as US law is concerned, there is no general aversion to statistical forms of proof and even naked statistics are admissible and sufficient for a verdict when the evidentiary proffer meets the normal standards of admissibility, the most important of which is reliability. The belief to the contrary (...) rests upon a series of mistakes: most importantly, mismodeling of the structure of legal systems and the nature of common law decision making. Contributing to these mistakes is the common methodology in this literature of relying on weird hypotheticals that mismodel the underlying legal relations and contain impossible epistemological demands. Collectively, these phenomena have distracted attention from issues that actually affect real legal systems. (shrink)

The idea that cognition makes use of one or more “languages of thought” remains central to much cognitive-scientific and philosophical theorizing. And yet, virtually no attention has been paid to the question of how a language of thought might evolve in the first place. In this article, I take some steps towards addressing this issue. With the aid of the so-called Sender–Receiver framework, I elucidate a family of distinctions and processes which enable us to see how languages of thought might (...) evolve via a series of small, incremental changes. While much work doubtlessly remains to be done in this area, I hope to at least show that there need be nothing mysterious about the existence of languages of thought on evolutionary grounds. (shrink)

Modeling work by Brian Skyrms and others in recent years has transformed the theoretical role of David Lewis's 1969 model of signaling. The latter can now be understood as a minimal model of communication in all its forms. In this article, we explain how the Lewis model has been generalized, and consider how it and its variants contribute to ongoing debates in several areas. Specifically, we consider connections between the models and four topics: The role of common interest in communication, (...) signaling within the organism, meaning, and the evolution of human communication and language. (shrink)

Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

The arbitrariness of a signal has long been seen as a theoretically important but difficult to pin down notion. In this article, we suggest there are at least two different notions of arbitrariness at play in philosophical and scientific debates concerning the use of arbitrary signals, and work towards improved analyses of both. We then consider how these different types of arbitrariness can co-occur and come apart. Finally, we examine the connections between these two types of arbitrariness and the cognitive (...) complexity of signal users with an eye towards better evaluating one possible form of human-nonhuman communicative continuity. We show that each type of arbitrariness bears its own nuanced relationship to cognitive complexity, demonstrating the theoretical importance of keeping these two notions separate. (shrink)

Talk of a “genetic program” has become almost as common in cell and evolutionary biology as talk of “genetic information”. But what is a genetic program? I understand the claim that an organism’s genome contains a program to mean that its genes not only carry information about which proteins to make, but also about the conditions in which to make them. I argue that the program description, while accurate in some respects, is ultimately misleading and should be abandoned. After that, (...) I sketch an alternative framework which is better suited to capturing the full informational nature of genes. This framework is centered on the notion of a signaling game, as originally developed by David Lewis, but expanded upon considerably by Brian Skyrms in more recent years. On the view I develop, genes turn out to be the producers and consumers of regulatory or developmental information, rather than entities encoding such information. This finding has consequences that link up with a broader debate in the philosophy of biology concerning inheritance systems. I take this to be one form of theoretical payoff that results from applying the signaling games framework to genes. (shrink)

Kinship plays a foundational role in organizing human social behavior on both local and more global scales. Hence, any adequate account of the evolution of human sociality must include an account of the evolution of human kinship. This article aims to make progress on the latter task by providing a few key pieces of an evolutionary model of kinship systems. The article is especially focused on the connection between primate social cognition and the origins of kinship systems. I argue that (...) early conceptions of kinship in our line were very likely scaffolded by preexisting forms of primate social cognition. It was only later, as linguistic resources increased in our line, and as human social life grew more complex, that these conceptions came to resemble kin categories as we now know them. I conclude by situating “kin cognition” within a broader cognitive science framework for studying capacities that reflect both innate knowledge and human cultural learning. (shrink)

While ethicists have directed much attention to controversial biomedical issues--including euthanasia, abortion, and genetic engineering--they have largely ignored the less obvious, but more pervasive, everyday ethical problems faced by family physicians. Ethical Issues in Family Medicine addresses these problems, offering an ethics that reflects the distinctive features of family practice, and helping family physicians to appreciate the extent to which ethical issues influence their practice.

There is growing acceptance among language evolution researchers that an increase in our ancestors’ theory of mind capacities was critical to the origins of language. However, little attention has been paid to the question of how those capacities were in fact upgraded. This article develops a novel hypothesis, grounded in contemporary cognitive neuroscience, on which our theory of mind capacities improved as a result of an increase in our System-2 thinking capacities, in turn based in an increase in our working (...) memory capacities. I contrast this hypothesis with what would appear to be the default position among language evolution researchers, namely, that our theory of mind became more powerful as a result of genetic change to a domain-specific mindreading system which we share with other great apes. While the latter hypothesis is not implausible, it arguably enjoys less empirical support at present than does the alternative hypothesis I develop. (shrink)

We show that cast shadows can have a significant influence on the speed of visual search. In particular, we find that search based on the shape of a region is affected when the region is darker than the background and corresponds to a shadow formed by lighting from above. Results support the proposal that an early-level system rapidly identifies regions as shadows and then discounts them, making their shapes more difficult to access. Several constraints used by this system are mapped (...) out, including constraints on the luminance and texture of the shadow region, and on the nature of the item casting the shadow. Among other things, this system is found to distinguish between line elements (items containing only edges) and surface elements (items containing visible surfaces), with only the latter deemed capable of casting a shadow. (shrink)

Journal of Political Philosophy, EarlyView.

The probabilistic account of juridical proof meets insurmountable problems. A better explanation of juridical proof is that it is a form of inference to the best explanation that involves the comparative plausibility of the parties’ stories. In addition, discrete evidentiary matters such as relevance and probative value are also best understood as involving inference to the best explanation rather than being probabilistic.

This article addresses the question of whether early Pleistocene hominins are plausibly viewed as having possessed a protolanguage, that is, a communication system exemplifying some but not all of the distinctive features of fully modern human language. I argue that the answer is “yes,” mounting evidence from the early Pleistocene “lithics niche.” More specifically, I first describe a cognitive platform that I think would have been sufficient, given appropriate socio-ecological conditions, for the creation and retention of a protolanguage. Then, using (...) archaeological evidence pertaining to hominin lithic behavior from the early Pleistocene, I attempt to make plausible the idea that each of these cognitive abilities were in fact in place by this point in hominin evolutionary history and also that the requisite socio-ecological conditions were satisfied. (shrink)

Theorists of human evolution are interested in understanding major shifts in human behavioural capacities (e.g. the creation of a novel technological industry, such as the Acheulean). This task faces empirical challenges arising both from the complexity of these events and the time-depths involved. However, we also confront issues of a more philosophical nature, such as how to best think about causation and explanation. This article considers such fundamental questions from the perspective of a prominent theory of causation in the philosophy (...) of science literature, namely, the interventionist theory of causation. A signature feature of this framework is its recognition of a family of distinct types of causes. We set out several of these causal notions and show how they can contribute to explaining transitions in human behavioural complexity. We do so, first, in a preliminary way, and then in a more detailed way, taking the origins of behavioural modernity as our extended case study. We conclude by suggesting some ways in which the approach developed here might be elaborated and extended. (shrink)

This brief essay explores how understanding the treatment of expert evidence requires engaging with its legal and political contexts, and not just focusing on its epistemological aspects. Although the law of evidence and thus its treatment of experts is significantly informed by epistemological considerations, it is also informed by concerns over the organization of trials, larger issues of intelligent governance, social concerns, and enforcement issues. These five aspects to the law of evidence give rise to principles to guide the explicit (...) structuring of the law of evidence that are identified here as well. This complexity helps to explain why the central issue of expert testimony is not the epistemological one of knowledge and belief but instead the conflict between educational and deferential modes of trial. (shrink)

This introduction sets the stage for the Special Issue and the manuscripts that follow. Interest in work hours, work intensification and work addiction has grown over the past decade. Several factors have come together to increase hours spent at work, the nature of work itself, and motivations for working hard, particularly among managers and professionals. The introduction first reviews some of the known causes and consequences of long work hours and the intensification of work. A case is then made as (...) to why individuals, families, organizations and society should care about hours spent at work and work addiction. Individuals and organizations have some choice here. Most employees would in fact prefer to work fewer hours though few actually realize their preferences. This collection lays out these choices and hopefully encourages thought and discussion of their merits. Long work hours and work addiction harms individuals and their families and does not make organizations more effective. The introduction concludes with a brief summary of the diverse contributions of an international group of leading researchers in this area. (shrink)

This article explores the synthesis between the theories and practice of Humanistic Management and Self-Determination Theory of Motivation (SDT). Moving from Economistic to Humanistic Management involves considering human action as uniting internal and external dimensions, having ethics as a guide for a good life, viewing society as a community of people, and being open to beauty and transcendence. The recently elucidated 50-year legacy of SDT describes it as a truly human science of motivation that takes into consideration our attributes as (...) persons, including our capacities for awareness and self-regulation. It also focuses on one’s capacity for autonomy as it applies to individual functioning, interpersonal relationships, and societal interactions. SDT posits a continuum of motivational regulation ranging from amotivation through controlled to autonomous motivation. The current empirical study of Millennials' motivation to support local and global hunger charities based on social media communication employs the complete SDT continuum. Digitalization and globalization have fundamentally changed the nature of human communication. Millennials are central to the humanistic functioning of today’s society. The study findings of the dominance of integrated personal value autonomy demonstrates the necessity of assessing the complete set of SDT motivations in various contexts and situations. Given that SDT and Humanistic Management investigations have mainly involved corporations, one must also be open to investigating the humanistic management of non-profit social and governmental organizations. The non-greenwashed triple sustainability values of corporate, social and environmental good are pertinent targets for Humanistic Management research and Practices. (shrink)

We revisit Naturalized Epistemology and the Law of Evidence, published twenty years ago. The evolution of the relative plausibility theory of juridical proof is offered as evidence of the advantage of a naturalized approach to the study of the field and law evidence. Various alternative explanations of aspects of juridical proof from other disciplines are examined and their shortcomings described. These competing explanations are similar in their reductive, a priori approaches that are at odds with an empirically oriented naturalized approach. (...) The shortcomings of the various a priori approaches are driven by their common methodological commitments to employing weird hypotheticals to engage in intuition mining about the American legal systems that in turn ignore important aspects of the actual legal systems and consistently make impossible epistemological demands. As a result, both their descriptions of and prescriptions for American legal systems are implausible, unlike the relative plausibility theory. (shrink)

Following a series of national protests in support of an increase in the federal minimum wage, many fast food workers faced retaliation by their employers when they returned to work; schedules were changed, wages and hours were reduced, and some employees were terminated. These retaliatory actions resulted in a number of complaints being filed with the National Labor Relations Board alleging violations of the National Labor Relations Act. Several of the complaints were found to have merit and, additionally, in several (...) instances both the immediate employer, the franchisee, and the corporate organization of which it was a part, the franchisor, were named as co‐defendants. This ruling—that franchisors like McDonald’s USA—could be held jointly responsible for the labor violations of independent franchisees reversed a long‐standing precedent, whereby franchisees were regarded as independent contractors solely responsible for day‐to‐day labor practices, including compliance with federal and state labor statutes. Critics of the ruling argue that it will open the door to unionization and may well spell the end of the service‐sponsor franchising format. Supporters of the NLRB argue that the ruling is just and reflects new “industrial realities” in retail labor markets. Further, a case can be made that the NLRB’s position represents a step in the direction of the restoration of more equitable balance of power between labor and management. (shrink)

A number of language evolution researchers have argued that while language as we now know it is a predominately vocal affair, early language plausibly made extensive use of gesture. Relatedly, these same researchers often claim that while modern language in general uses arbitrary symbols, it is very likely that early language made extensive use of iconicity. Anyone accepting an account of early language along these lines must therefore explain how language shifted over time from a heavily gestural and iconic communication (...) system to a predominately vocal and highly arbitrary one. This article looks at an intriguing theory advanced by Woll as to how this shift was made. We find the spirit of the theory plausible but take issue with its details. Specifically, we identify a serious tension at the core of the theory. We then go on to explore how that tension might be plausibly resolved. The result is a blueprint for a much-improved version of the theory, in our view. (shrink)

The status of genes as bearers of semantic content remains very much in dispute among philosophers of biology. In a series of papers, Nicholas Shea has argued that his ‘infotel’ theory of semantics vindicates the claim that genes carry semantic content. On Shea’s account, each organism is associated with a ‘developmental system’ that takes genetic representations as inputs and produces whole-organism traits as outputs. Moreover, at least in his most recent work on the topic, Shea is explicit in claiming that (...) these genetic representations are ‘read in ontogenetic time, in the course of individual development’. Here I argue that a close examination of the process of reading, in Shea’s sense, reveals that acts of reading do not actually occur over the course of developmental time at all. To make this vivid, I contrast the process of reading for Shea with another type of developmental process that is widely seen as a form of reading directed on inherited genes, and which certainly does occur over the course of developmental time, namely, gene expression. I suggest that this error in Shea’s thinking can be traced back to an equivocation on Shea’s part in the meaning of ‘reads’, and also to a reliance on an invalid principle regarding the transference of representational content from one token gene to another. The issues at play are bound up with questions about causation and in particular about causation over time. Thus, having first presented my arguments in a way that doesn’t depend on any particular theory of causation, I then make use of Kenneth Waters’ framework of difference-making causation to conceptually sharpen and shed further light on matters. I conclude by discussing a consequence of the fact that acts of reading do not occur in development. 1 Introduction2 Reading for Shea3 Gene Expression as Reading4 Are Genetic Representations Read in Development? Part 15 The Manipulability Theory of Causation and Difference-Making Causation6 Are Genetic Representations Read in Development? Part 27 Conclusion. (shrink)

The present research was guided by the important need for a diversion from an economistic to a humanistic management perspective of sustainability. It concentrates on the current importance of digital strategic communication, particularly regarding the concept of corporate sustainability in the context of the conflict arena of the oil industry. The focus is on the comparison of the persuasive effectiveness of the framings of corporate versus activist NGO website communications and their impacts on the perception of the triple pillars of (...) sustainability and, corporate greenwashing with respect to a proposed bituminous oil pipeline in Canada. The results of these pro and con messages were analyzed within the Elaboration Likelihood Model demonstrating a “non expert” peripheral route to a positive persuasion from exposure to the corporate communication versus an “expert” central route to a negative persuasion from the activist NGO communication. Subsequent exposure to the opposite website communication further emphasized the predominance of a negative persuasion based on both groups now being motivated as “expert” viewers of these strategic communications, leading to an important perception of greenwashing by participants resulting from vague claims, visual and linguistic contents of the corporate communication versus the mainly verifiable factual ones in that of the activist NGO. (shrink)

Political theorist Wendy Brown has argued recently that contemporary neoliberalism, with its relentless obsession on the economy, has all but undone the tenets of democracy. This book suggests one way of thinking out of the current moment, and it does so by looking to a perhaps unlikely figure: Niccolo Machiavelli. Ronald J. Schmidt, Jr. argues that if we imitate Machiavelli's interpretive method in reading The Prince and Discourses of Livy, we can find in them solutions to the neoliberal problems (...) Brown warns about. (shrink)

The American administrative state is a feature of the new liberalism that is largely irreconcilable with the old, founding-era liberalism. At its core, the administrative state, with its delegation of legislative power to the bureaucracy, combination of functions within bureaucratic agencies, and weakening of presidential control over administration undercuts the separation-of-powers principle that is the base of the founders' Constitution. The animating idea behind the features of the administrative state is the separation of politics and administration, which was championed by (...) James Landis, the New-Deal architect of the administrative state for President Franklin Roosevelt. The idea of separating politics and administration, and the faith such a separation requires in the objectivity of administrators, did not originate with Landis or the New Deal but, instead, with the Progressives who had come a generation earlier. Both Woodrow Wilson and Frank Goodnow were pioneers in advocating the separation of politics and administration, and made it the centerpiece of their broad arguments for constitutional reform. (shrink)

Humans’ capacity for so-called symbolic cognition is often invoked by evolutionary theorists, and in particular archaeologists, when attempting to explain human cognitive and behavioral uniqueness. But what is meant by “symbolic cognition” is often left underspecified. In this article, I identify and discuss three different ways in which the notion of symbolic cognition might be construed, each of them quite distinct. Getting clear on the nature of symbolic cognition is a necessary first step in determining what symbolic cognition might plausibly (...) explain. (shrink)

Forty years ago, Vaughn Ball demonstrated that the then received notion of conditional relevance served no useful purpose, as it would only come into effect if the probability of an element were 0.0. But, if the probability of an element were 0.0, a directed verdict would be in order and so once again conditional relevancy was doing no work. I extended that analysis to include the relationship between proffers of evidence and facts of consequence to demonstrate that the work that (...) conditional relevancy was supposedly doing was isomorphic to that done by relevancy in all significant ways, and yet the Federal Rules of Evidence provide different standards for the two situations to determine admissibility. I thus proposed an amendment to FRE 104(b) to provide for the same standard to be applied to ‘relevancy’ and ‘conditional relevancy’. In a recent article, Matthew Kotzen appears to subject this work to intense scrutiny and criticism, yet at the same time reaches, so far as I can tell, identical conclusions. This raises the question, which I examine, whether this is an example of cross-disciplinary difficulties in communication. (shrink)

A “national security–centric” approach currently dominates cybersecurity policies and practices. Derived from a realist theory of world politics in which states compete with each other for survival and relative advantage, the principal cybersecurity threats are conceived as those affecting sovereign states, such as damage to critical infrastructure within their territorial jurisdictions. As part of a roundtable on “Competing Visions for Cyberspace,” this essay presents an alternative approach to cybersecurity that is derived from the tradition of “human security.” Rather than prioritizing (...) territorial sovereignty, this approach prioritizes the individual, and views networks as part of the essential foundation for the modern exercise of human rights, such as access to information, freedom of thought, and freedom of association. The foundational elements of a human-centric approach to cybersecurity are outlined and contrasted with the prevailing trends around national security–centric practices. A human-centric approach strives for indivisible network security on a planetary scale for the widest possible scope of human experience, and seeks to ensure that such principles are vigorously monitored and defended by multiple and overlapping forms of independent oversight and review. (shrink)

In October of 2009, Trevor Keezer was terminated by Home Depot for refusing to remove a pin from his uniform declaring “One Nation under God, Indivisible.” Mr. Keezer, a cashier with Home Depot, contended that the button he had worn for over one year before any action was taken by his employer expressed his support for American troops and his Christian faith. Were the actions taken by his employer warranted or was Mr. Keezer the victim of arbitrary religious discrimination unrelated (...) to job performance? Religion is becoming an increasingly polarizing issue in the workplace, forcing retail managers to balance the respective interests of employees, coworkers, and patrons of retail establishments. And from all indications, if legislation pending in Congress is enacted, maintaining the balance will become more problematic. (shrink)

ABSTRACTIn April of 2000, Diana Levine went to a clinic in Vermont suffering from a migraine headache. She was given the drug Demerol for the migraine symptoms and Phenergan for nausea. Complications with the administration of Phenergan ultimately resulted in Ms. Levine contracting gangrene, necessitating the amputation of her right arm. Ms. Levine sued the drug maker, Wyeth Pharmaceutical, in state court and prevailed. The lower court's decision was appealed by Wyeth to the state supreme court where the ruling was (...) confirmed. Wyeth next appealed to the U.S. Supreme Court which, to the surprise of many observers, affirmed the judgment of the state supreme court. At issue was the fundamental question of the ability of consumers to obtain redress against negligent manufacturers in state courts. Wyeth's arguments to the Court were based upon preemption: Foodand Drug Administration approval of a drug preempts the ability of injured consumers like Ms. Levine to recover in state courts despite years of precedent to the contrary. Ability to recover damages in state courts represents, perhaps, the most important safety net available to consumers injured by defective products. A ruling by the Supreme Court that FDA‐approved labeling of pharmaceuticals preempts the reach of the state courts would have severely compromised the balance of power between consumers and producers. (shrink)

The purpose of this paper is to critically engage with a recent attempt by Thom Scott-Phillips to offer a general account of communication. As a general account, it is intended to apply equally well to both non-human and human interactions which are prima facie communicative in character. However, so far, Scott-Phillips has provided little detail regarding how his account is supposed to apply to the latter set of cases. After presenting what I take to be the most plausible way of (...) filling in those details, I argue that his account would appear to be too narrow: it (minimally) fails to capture a range of human interactions which strike us as instances of communication. To wit, these are cases in which some but not all of the information an act is designed to convey to a reactor actually reaches that reactor. An alternative account incorporating Scott-Phillips’ main insights is then sketched, and it is suggested that this account, or something like it, would accommodate the full range of non-human and human interactions that are intuitively communicative. (shrink)