Journal of Political Philosophy, EarlyView.

The problem for the scientist created by using idealizations is to determine whether failures to achieve experimental fit are attributable to experimental error, falsity of theory, or of idealization. Even in the rare case when experimental fit within experimental error is achieved, the scientist must determine whether this is so because of a true theory and fortuitously canceling idealizations, or due to a fortuitous combination of false theory and false idealizations. For the engineer, the problem seems rather different. Experiment for (...) the engineer reveals the closeness of predictive fit that can be achieved by theory and idealization for a particular case. If the closeness of fit is good enough for some practical purpose, the job is done. If not, or there are reasons to consider variation, then the engineer needs to know how well the experimentally determined closeness of fit will extrapolate to new cases. This paper focuses on engineering measures of closeness of fit and the projectibility of those measures to new cases. (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 paper adopts philosophical research methodologies of conceptual clarification, critical analysis, and extensive argumentation. It attempts to jointly employ African metaphysical and epistemological grounds to address the problem of finding appropriate justification for reparations for Africa on the issue of past slavery and slave trade. The paper states that the crux of the problem is how to formulate a coherent theoretical framework, which provides a strong connection between the direct victims of slavery and slave trade and their descendants in Africa, (...) on the basis of which the latter could justifiably claim for restitutive justice against the wrong done to the former. Western traditional accounts usually define reparations such that the concept only intelligibly applies to moral relations among contemporaries, not between the departed and the living. This reasoning, therefore, forecloses any moral relations between the departed and the living, making it morally unjustifiable for the latter to claim for restitutive justice on behalf of the former. However, this study re-thinks the concept of reparations, using two core areas of African philosophy. African metaphysics recognizes that an experiential being is ontologically connected to the other, that is, any other experiential being and spirits, inclusive of ancestors. This relationship also invariably closes the epistemological gap between the experiential and non-experiential worlds, making them a unity within African cosmology. Situated within the present study, the foregoing shows that the living could justifiably claim for restitutive justice on behalf of the departed, the direct victims of slavery and slave trade. (shrink)

We shall construct a smooth category of mice and embeddings in the core model for measures of order 0. The existence of such a category implies that the global principle □ holds in K. We then prove a much stronger, the so-called condensation-coherent version of global □. The key tool of the whole construction is a new criterion on preserving soundness under condensation.

When does benefiting from others’ wrongdoing effectively make one a moral accomplice in their evil deeds? If stem cell research lives up to its therapeutic promise, this question (which has previously cropped up in debates over fetal tissue research or the use of Nazi research data) is likely to become a central one for opponents of embryo destruction. I argue that benefiting from wrongdoing is prima facie morally wrong under any of three conditions: (1) when the wrongdoer is one’s agent; (...) (2) when acceptance of benefit directly encourages the repetition of the wrongful deed (even though no agency relationship is involved); and (3) when acceptance of a benefit legitimates a wrongful practice. I conclude by showing that, because of the ways in which most embryonic stem cell lines come into being, people who oppose embryo destruction may use human embryonic stem cells without incurring moral blame. (shrink)

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.

Rechtsstaatcultuur Een rechtsstaat is gebaseerd op zelfbinding van de overheid aan het recht. Deze zelfbinding moet verankerd zijn in regels die onder meer de onafhankelijkheid van de rechterlijke macht vastleggen. De ontwikkelingen in Polen en elders tonen echter aan dat juridische regels van zelfbinding geen blokkades maar verkeersdrempels zijn op de weg naar despotisch bestuur. Een rechtsstaat vereist vooral een cultuur van zelfbinding. De conceptualisering van deze rechtsstaatcultuur staat nog in de kinderschoenen.

The paper begins with an example of the accounting treatment afforded an Indefeasible Rights Use Swap by Global Crossing. The case presents a typical example of ways in which accounting firms contributed to the ethical scandals of the early 21st century. While the behavior of Arthur Andersen, the accounting company in the case, might have met the letter of the law, we argue that it violated "the spirit of the law," which can be discovered by looking at the legitimate goals (...) of a company which give it its ethical direction and the responsibilities of the accounting professionals who serve the company and the general public. Those professional responsibilities are determined by looking at the legitimate function those professionals fulfill in the economy. A further claim is that Andersen and other accounting firms are motivated to abandon the responsibilities derived from pursuing their proper goals by falling into the trap of accumulating wealth for its own sake. We argue that the ultimate responsibility of internal auditors is to develop statements that give as reasonably true and fair a picture of the financial situation to any user having a claim to that knowledge. Further we argue that the major responsibilities of the external auditor are: first, to be responsible to the using public for evaluating financial statements and declaring that they represent a fair picture of the financial situation of a company, and second, to be a watchdog of financial markets and call into question irregular practices that would distort those pictures. Such due professional care requires the auditor to exercise "professional skepticism": an attitude that includes a questioning mind and a critical assessment of audit evidence. The paper concludes by giving particular examples of how Arthur Andersen LLP failed to meet those responsibilities. (shrink)

Using a qualitative, grounded theory approach, this study examined the public policy interactions of small firms. The small firms' cognitive understanding and sensemaking approaches to government are revealed through an examination of successful and failed influence attempts. Embedded in these attempts, a set of factors (Issue Characteristics and Influence Process) were discovered, which affect the outcome of an influence effort. Issue Characteristics reflected attributes chief executive officers (CEOs) looked for when examining an issue and include Issue Impact, Issue Clarity, and (...) Issue Image. Influence Process factors focus on how influence is acquired and exercised, and include Issue Champion, Persistence, and Coalition Development. (shrink)

''Biodiversity'' is all to often used as a buzz-word, with no clearly defined meaning, let alone a strict procedure to measure it. This article proposes a logical procedure, based on a similar approach in socio-economics (to measure income inequality). Every element in our logical procedure is known. Bringing it all together as presented is new, as far as we know.

Introduction -- Tales of dominion -- The plow and the gun -- Picturing the West, 1883-1893 -- American idol, 1898 -- The end of nature -- African romance -- The dark continent -- When cowboys go to heaven -- Transplanting Africa -- Of ape-men, sex, and cannibal kings -- Adventures in monkeyland -- Nature, the film -- The world scrubbed clean.

The principles and practices of research peer review are described. While the principles are fundamentally generic and apply to peer review across the full spectrum of performing institutions as well as to manuscript/proposal/program peer review, the focus of this paper is peer review of proposed and ongoing programs in federal agencies. The paper describes desireable characteristics and important intangible factors in successful peer review. Also presented is a heuristic protocol for the conduct of successful peer review research evaluations and impact (...) assessments. Problems with peer review are then outlined, followed by examples of peer review of proposed and existing programs in selected federal agencies. Some peer review variants, such as the Science Court, are described, and then research requirements to improve peer review are discussed. (shrink)

The potential for dual use of research in the life sciences to be misused for harm raises a range of problems for the scientific community and policy makers. Various legal and ethical strategies are being implemented to reduce the threat of the misuse of research and knowledge in the life sciences by establishing a culture of responsible conduct.

CHAPTER I INTRODUCTION Relevance was one of the most important concerns in the philosophy of Alfred Schutz. In a sequence of articles dealing with a number ...

According to a popular English translation of the Foundations of the Metaphysics of Morals, Kant says that all imperatives are expressed by an `ought.' This, however, seems so clearly to be wrong that it is hard to suppose Kant said it. In this paper I discuss different senses in which imperatives can be said to be expressed and examine in particular the use of Kant's term `sollen' for such purposes. I argue that what Kant says does not in fact commit (...) him to the position that `ought' judgments can express imperatives. (shrink)

In this chapter, I review some of the background thinking concerning matters of moral status that I had developed in previous years and that I would now bring to the work of the Human Embryo Research Panel. Two ideas were at the forefront of my thinking. First, that biology usually offers not decisive "events" but only continuous processes of development. Second, in making status determinations we do not so much "identify" a point on a developmental continuum where moral respect should (...) be accorded as "choose" that point. These choices are "balancing decisions" in which the community of moral agents weighs its interests in protecting an entity against the burdens of doing so. After illustrating these two contentions, I consider some of the reasons why thinkers on the "right" and "left" of our bioethics debates have resisted or missed this basic insight. (shrink)