Is truth in the law just plain truth - or something sui generis? Is a trial a search for truth? Do adversarial procedures and exclusionary rules of evidence enable, or impede, the accurate determination of factual issues? Can degrees of proof be identified with mathematical probabilities? What role can statistical evidence properly play? How can courts best handle the scientific testimony on which cases sometimes turn? How are they to distinguish reliable scientific testimony from unreliable hokum? These interdisciplinary essays explore (...) such questions about science, proof, and truth in the law. With her characteristic clarity and verve, Haack brings her original and distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues. She includes detailed analyses of a wide variety of cases and lucid summaries of relevant scientific work, of the many roles of the scientific peer-review system, and of relevant legal developments. (shrink)

PART ONE I 'Alternative' in 'Alternative logic There are many systems of logic — many-valued systems and modal systems for instance - which are non-standard ...

We surveyed 1005 postdoctoral fellows by questionnaire about ethical matters related to biomedical research and publishing; 33% responded. About 18% of respondents said they had taken a course in research ethics, and about 31% said they had had a course that devoted some time to research ethics. A substantial majority stated willingness to grant other investigators, except competitors, access to their data before publication and to share research materials. Respondents’ opinions about contributions justifying authorship of research papers were mainly consistent (...) but at variance with those of many biomedical journal editors. More than half said they had observed what they considered unethical research practices. To increase the chances of getting a grant funded, 27% said they were willing to select or omit data to improve their results; to make publication of their work more likely or to benefit their career, 15% would select or omit data and 32% would list an undeserving author. Of respondents who thought they had been unfairly denied authorship on a paper, or been listed with or asked to list an undeserving author, 75% said they would be willing to list an undeserving author (P<0.001). Having taken a course dealing with research ethics had no effect on stated willingness to select or omit data or to fabricate data in the future, but was positively associated with willingness to grant undeserved authorship (P<0.04). Although these results do not controvert research demonstrating the effectiveness of ethics courses during professional education, they indicate that the research environment is a powerful component of a trainee’s experience and ethical development. (shrink)

Throughout, the emerging theory of aspect is extensively compared with alternative theories, and the book concludes with general reflections on the semantic ...

Initially proposed as rivals of classical logic, alternative logics have become increasingly important in areas such as computer science and artificial intelligence. Fuzzy logic, in particular, has motivated major technological developments in recent years. Susan Haack's Deviant Logic provided the first extended examination of the philosophical consequences of alternative logics. In this new volume, Haack includes the complete text of Deviant Logic , as well as five additional papers that expand and update it. Two of these essays critique fuzzy (...) logic, while three augment Deviant Logic 's treatment of deduction and logical truth. Haack also provides an extensive new foreword, brief introductions to the new essays, and an updated bibliography of recent work in these areas. Deviant Logic, Fuzzy Logic will be indispensable to students of philosophy, philosophy of science, linguistics, mathematics, and computer science, and will also prove invaluable to experienced scholars working in these fields. (shrink)

Every action, touch, utterance, and look, every listening, taste, smell, and feel is a living question; but it is no ordinary propositional one-by-one question, rather it is a plenisentient sensing and probing non-propositional enquiry about how our world is, in its present continuous sense, and in relation to how we anticipate its becoming. I will take this assumption as my first premise and, by using the notion of enkinaesthesia, I will explore the ways in which an agent’s affectively-saturated co-engagement with (...) its world establishes patterns of co-articulation of meaning within the anticipatory affective dynamics and the experiential entanglement necessary for expedient action and adaptation. In advancing this thesis I will reject the minimalist notions of embodiment by amplifying and extending the claims made by the most radical of the embodied mind theories. Crucially, I will offer a new wave of embodiment theory which has at its core the radical extension of sensorimotor affect into the life and being of other agents where their experience is for us both direct and immediate. This I will present as an immanent intercorporeality. (shrink)

In many toxic-tort cases - notably in Oxendine v. Merrell Dow Pharmaceuticals, Inc, and in Joiner v. G.E., - plaintiffs argue that the expert testimony they wish to present, though no part of it is sufficient by itself to establish causation "by a preponderance of the evidence," is jointly sufficient to meet this standard of proof; and defendants sometimes argue in response that it is a mistake to imagine that a collection of pieces of weak evidence can be any stronger (...) than its individual components. This article draws on the epistemological theory I first presented in 1993 in Evidence and Inquiry, and then amplified and refined in 2003 in Defending Science - Within Reason. This theory of evidence shows that, under certain conditions, a combination of pieces of evidence none of which is sufficient by itself really can warrant a casual conclusion to a higher degree than any of its components alone. When my account is applied to the very complex congeries of evidence typically proffered to prove general causation in these toxic-tort cases, it improves on the influential "Bradford Hill criteria" for assessing causation; and it suggests answers to questions frequently raised in such cases: e.g., whether epidemiological evidence is essential for proof of causation, and whether such evidence should be excluded if it is not statistically significant. Moreover, the argument of this paper reveals that by obliging courts to screen each item of expert testimony individually for reliability, the atomism implicit in Daubert will sometimes stand in the way of an accurate assessment of the worth of complex causation evidence. (shrink)

Transhumanists would have humanity's creation of posthumanity be our governing aim. Susan B. Levin challenges their overarching commitments regarding the mind, brain, ethics, liberal democracy, knowledge, and reality. Her critique unmasks their notion of humanity's self-transcendence via science and technology as pure, albeit seductive, fantasy.

Peer review and publication is one of the factors proposed in Daubert v. Merrell Dow Pharmaceuticals, Inc. as indicia of the reliability of scientific testimony. This Article traces the origins of the peer-review system, the process by which it became standard at scientific and medical journals, and the many roles it now plays. Additionally, the Author articulates the epistemological rationale for pre-publication peer-review and the inherent limitations of the system as a scientific quality-control mechanism. The Article explores recent changes in (...) science, in scientific publishing, and in the academy that have put the system under strain. The Author argues that Justice Blackmun's advice to courts - that peer-reviewed publication is relevant, but is not dispositive - is of little practical help. Instead, the Author suggests questions that courts should ask in assessing the significance of the fact that testimony is, or is not, based on peer-reviewed publication and illustrates with reference to another Bendectin case, Blum v. Merrell Dow Pharmaceuticals, Inc., where some of these questions were asked. (shrink)

This study examined self-recognition processing in both the auditory and visual modalities by determining how comparable hearing a recording of one’s own voice was to seeing photograph of one’s own face. We also investigated whether the simultaneous presentation of auditory and visual self-stimuli would either facilitate or inhibit self-identification. Ninety-one participants completed reaction-time tasks of self-recognition when presented with their own faces, own voices, and combinations of the two. Reaction time and errors made when responding with both the right and (...) left hand were recorded to determine if there were lateralization effects on these tasks. Our findings showed that visual self-recognition for facial photographs appears to be superior to auditory self-recognition for voice recordings. Furthermore, a combined presentation of one’s own face and voice appeared to inhibit rather than facilitate self-recognition and there was a left-hand advantage for reaction time on the combined-presentation tasks. (shrink)

Political theorists have begun to re-examine claims by indigenous peoples to lands which were expropriated in the course of sixteenth-eighteenth century European expansionism. In Australia, these issues have captured public attention as they emerged in two central High Court cases: Mabo (1992) and Wik (1996), which recognize pre-existing common law rights of native title held by indigenous people prior to European contact and, in some cases, continue to be held to the present day. The theoretical significance of the two Australian (...) cases is examined and the links drawn out between the current debate about Aboriginal land rights in Australia and the wider philosophical debate about indigenous land rights, property rights, and indigenous justice as characterized by Jeremy Waldron and James Tully. Justice towards indigenous groups requires substantial acknowledgement and recognition of the values and institutions of the relevant indigenous group; yet, these values and institutions may not readily fall under the framework of existing state structures. Attempts to redress injustice towards indigenous groups which do not question the justice of existing state institutions will therefore prove to be inadequate responses to indigenous peoples' demands for substantive justice. (shrink)

The Macmillan Company New York, led by the Bretts, was a major player in American life. But it had a secret: the company was majority owned by the London parent. As the US came to eclipse the UK, the arrangement led to growing tensions. Finally, in 1951, London was persuaded to sell its stake. But the UK firm found itself unable to use the family name for a new American venture, sparking a legal fight that lasted until 2002. This account (...) of an important event in publishing history adds new detail from archival sources, supporting a fresh reading and correcting earlier errors. It also brings into view a significant amount of material that is published for the first time. The article argues that, although there were hard business reasons for the sale, cultural and personal factors were also consequential and these two types of agency, rational and emotional, work in interrelated ways. (shrink)

The Harlem Renaissance espoused the modernist belief in radical new beginnings and the celebration of interventions into old certainties, while resisting the “monologism” of w...

The Epistle on Legal Theory: Muḥammad ibn Idrīs al-Shāfiʿī. Edited and translated by Joseph E. Lowry. Library of Arabic Literature. New York: New York University Press, 2013. Pp. xl + 501. $40.

Les publications sur le thème de l’histoire de la jeunesse française au xxe siècle sont aujourd’hui nombreuses. Les premières s’intéressaient aux jeunes intellectuels, aux mouvements de jeunesse durant la période d’entre-deux-guerres, et à la jeunesse sous le régime de Vichy, tandis que les plus récentes se sont penchées sur les années après 1945, et plus particulièrement sur les Trente Glorieuses et les années soixante. Ces ouvrages expliquent comment la jeunesse française est devenue la cib...

Richard Rorty has been taken to task for his apparent inability to defend democracy to the anti-democrat. Cheryl Misak, for example, in developing her own epistemic defense of democracy, argues that because he abjures truth, Rorty cannot provide any argument to show that democracy is superior to other political arrangements. In this paper, I agree with Misak that Rorty is unable to provide an argument, epistemic or otherwise, in defense of democracy, but show that this doesn’t mean he, or someone (...) who takes his insights seriously, needs to be silent about its shape or its promises. Instead, I follow Rorty’s lead and develop out of Fabienne Peter’s work an epistemology that, though it cannot be used to defend democracy, does comport well with it. (shrink)

The contribution that may come from the general science of signs, semiotics, to the planning and development of education and learning at all levels, from early schooling through to university education and learning should not be neglected. As Umberto Eco claims in the “Introduction” to the Italian edition of his book Semiotica and Philosophy of Language (1984: xii, my trans.), “[general semiotics] is philosophical in nature, because it does not study a particular system, but posits the general categories in light (...) of which different systems can be compared. And for general semiotics philosophical discourse is neither advisable nor urgent: it is simply constitutive.” To the title of their book Semiotic Theory of Learning, at the centre of our attention in the present text, Andrew Stables, Winfried Nöth, Alin Olteanu, Sébastien Pesce, and Eetu Pikkarainen, rightly add the subtitle New Perspectives in the Philosophy of Education. This multivoiced contribution to research in learning and education in a semiotic framework has a unifying reference in the semiotics of Charles S. Peirce, but without disregarding an array of other distinguished exponents of the teaching and education sciences from different disciplines, semioticians and philosophers alike. This book, a polyphonic effort, with its appeal to “act otherwise,” and to do so investing in learning and education, no doubt makes a significant contribution in such a direction: education for transformation, for humanizing social change. Beyond evidencing what to us are particularly interesting aspects of the topics under discussion in Semiotic Theory of Learning, we also propose to continue and amplify this multivoiced dialogue. While highlighting still other aspects and contributions made by the same semioticians and philosophers presented by the authors of this book, involving such figures as Charles Peirce, Charles Morris, Thomas Sebeok, John Deely, etc., we have further introduced other voices made to resound throughout, whether directly or indirectly, like that of Victoria Welby, Mikhail Bakhtin, Emmanuel Levinas, Adam Schaff, Ferruccio Rossi-Landi, Marcel Danesi, Augusto Ponzio, and Genevieve Vaughan. (shrink)

Just as a stream of genetically modifiedcrops looked set to be approved for commercialproduction in the European Union, the approvalprocedure appears to have become bogged down onceagain by disagreements among and within member states.Old controversies have resurfaced in new forms. Theintractability of the issues suggests that theregulatory procedure has had too narrow a focus,leaving outside its boundary many of the morefundamental aspects that cause people in the EuropeanUnion most concern. Regulators have come underconsiderable pressure to ensure their risk assessmentdecisions are (...) soundly science-based. Ethical issueshave been deemed to lie beyond the scope of theregulatory procedure, as a matter to be consideredseparately by professional ethicists. Yet it has beensuggested that all environmental controversies at rootinvolve disputes about fundamental ethical principles.This paper examines how the ethical issues arecurrently suppressed or sidelined. It discusses how anappreciation of systems thinking and a check on thevalues that underpin decisions, using boundary testingquestions, might contribute to a more constructiveregulatory dialogue, with ethical issues considered asintegral in a way that takes better account ofpeople's concerns. (shrink)

Suppose it is 2025 and being a technophile, you purchase brain enhancements as they become readily available. First, you add a mobile internet connection to your retina, then, you enhance your working memory by adding neural circuitry. You are now officially a cyborg. Now skip ahead to 2040. Through nanotechnological therapies and enhancements you are able to extend your lifespan, and as the years progress, you continue to accumulate more far-reaching enhancements. By 2060, after several small but cumulatively profound alterations, (...) you are a “posthuman.” To quote philosopher Nick Bostrom, posthumans are possible future beings, “whose basic capacities so radically exceed those of present humans as to be no longer unambiguously human by our current standards” (Bostrom 2003c). At this point, your intelligence is enhanced not just in terms of speed of mental processing; you are now able to make rich connections that you were not able to make before. Unenhanced humans, or “naturals,” seem to you to be intellectually disabled—you have little in common with them—but as a transhumanist, you are supportive of their right to not enhance (Bostrom 2003c; Garreau 2005; Kurzweil 2005). (shrink)