The proposed European Artificial Intelligence Act (AIA) is the first attempt to elaborate a general legal framework for AI carried out by any major global economy. As such, the AIA is likely to become a point of reference in the larger discourse on how AI systems can (and should) be regulated. In this article, we describe and discuss the two primary enforcement mechanisms proposed in the AIA: the _conformity assessments_ that providers of high-risk AI systems are expected to conduct, and (...) the _post-market monitoring plans_ that providers must establish to document the performance of high-risk AI systems throughout their lifetimes. We argue that the AIA can be interpreted as a proposal to establish a Europe-wide ecosystem for conducting AI auditing, albeit in other words. Our analysis offers two main contributions. First, by describing the enforcement mechanisms included in the AIA in terminology borrowed from existing literature on AI auditing, we help providers of AI systems understand how they can prove adherence to the requirements set out in the AIA in practice. Second, by examining the AIA from an auditing perspective, we seek to provide transferable lessons from previous research about how to refine further the regulatory approach outlined in the AIA. We conclude by highlighting seven aspects of the AIA where amendments (or simply clarifications) would be helpful. These include, above all, the need to translate vague concepts into verifiable criteria and to strengthen the institutional safeguards concerning conformity assessments based on internal checks. (shrink)

James S. Coleman was the major proponent of rational choice theory. This article challenges the traditional reading of his work by showing that under the explicit theory of rational choice lay a latent non-rational theory of action. The article shows that instead of rationality, Coleman's psychological starting point was existential insecurity; that instead of the alleged mechanism of the maximization of utility, actors choose to conform to peer values and norms in order to alleviate insecurity; and that the optimal setting (...) for action is provided by intimate and dense communities, rather than unregulated free markets. These three non-rational presuppositions are analyzed and it is suggested that they are crucial for understanding Coleman's assessment of modernity, social change and his call for the rational reconstruction of society. (shrink)

G protein‐coupled receptors (GPCRs) constitute the largest family of transmembrane proteins and play a crucial role in regulating diverse cellular functions. They transmit their signaling via binding to intracellular signal transducers and effectors, such as G proteins, GPCR kinases, and β‐arrestins. To influence specific GPCR signaling behaviors, β‐arrestins recruit effectors to form larger signaling complexes. Intriguingly, they facilitate divergent functions for the binding to different receptors. Recent studies relying on advanced structural approaches, novel biosensors and interactome analyses bring us closer (...) to understanding how this specificity is achieved. In this article, we share our hypothesis of how active GPCRs induce specific conformational rearrangements within β‐arrestins to reveal distinct binding interfaces, enabling the recruitment of a subset of effectors to foster specialized signaling complexes. Furthermore, we discuss methods of how to comprehensively assess β‐arrestin conformational states and present the current state of research regarding the functionality of these multifaceted scaffolding proteins. (shrink)

It is plausible that we have moral reasons to become better at conforming to our moral reasons. However, it is not always clear what means to greater moral conformity we should adopt. John Harris has recently argued that we have reason to adopt traditional, deliberative means in preference to means that alter our affective or conative states directly—that is, without engaging our deliberative faculties. One of Harris’ concerns about direct means is that they would produce only a superficial kind (...) of moral improvement. Though they might increase our moral conformity, there is some deeper kind of moral improvement that they would fail to produce, or would produce to a lesser degree than more traditional means. I consider whether this concern might be justified by appeal to the concept of moral worth. I assess three attempts to show that, even where they were equally effective at increasing one’s moral conformity, direct interventions would be less conducive to moral worth than typical deliberative alternatives. Each of these attempts is inspired by Kant’s views on moral worth. Each, I argue, fails. (shrink)

Whether firms in transition economies undertake corporate social responsibility (CSR) is an important research topic in business ethics. Applying the middle-status conformity perspective, this study uses listed companies in the transition economy of China from 2010 to 2020 to assess the influence of social status on CSR conformity. The empirical findings revealed an inverted U-shaped relationship between social status and CSR conformity. That is, firms with low- or high-level status were less inclined to adopt CSR practices than (...) the firms with a more middling status. Moreover, performance expectation gaps strengthened, while managerial ability flattened, the aforementioned inverted U-shaped relationship. This study sheds new light on the complicated motives for firms in transition economies to adopt CSR practices and further substantiates the boundary conditions of the curvilinear relationship between social status and CSR conformity. (shrink)

This study investigates the malleability of the eyewitness memory by analyzing the effects of Memory Conformity and Cross-Race Effect (CRE) among Asian ethnic groups. A live crime enactment (snatch theft) was initiated in order to assess both variables. Two experiments were conducted using a questionnaire with a total of 36 participants in a private university. Experiment 1 examined the effects of group conformity. After the live enactment and the filler task, participants were randomly assigned to one of two (...) conditions: discussed and no discussed groups. All participants were given a questionnaire and was informed to complete it individually. Experiment 2 examined the cross-race effect. Participants were informed to answer the questionnaire individually and the results were analyzed based on the racial identity. No difference in memory accuracy was found between discussed and no discussed conditions in the experiment 1. However, in experiment 2, a disparate racial identity effect was found opposing the past literature. (shrink)

Autonomous vehicles are one of the most spectacular recent developments of Artificial Intelligence. Among the problems that still need to be solved before they can fully autonomously participate in traffic is the one of making their behaviour conform to the traffic laws. This paper discusses this problem by way of a case study of Dutch traffic law. First it is discussed to what extent Dutch traffic law exhibits features that are traditionally said to pose challenges for AI & Law models, (...) such as exceptions, rule conflicts, open texture and vagueness, rule change, and the need for commonsense knowledge. Then three approaches to the design of law-conforming AV are evaluated in light of the challenges posed by Dutch traffic law, which includes an assessment of the usefulness of AI & Law models of nonmonotonic reasoning, argumentation and case-based reasoning. (shrink)

In an era where conditions for education are rapidly changing globally, online assessment presents several opportunities as well as challenges in the higher education landscape. The forceful transition from face-to-face to online assessments, as part of the emergency implementation of online learning due to the COVID-19 pandemic, has affected teaching, learning, and assessment experiences worldwide. This study explores how faculty members in Saudi universities secured their online assessment during phase one of the COVID-19 pandemic. The research aims (...) were: 1) identifying faculty assessment practices before the onset of COVID-19 and comparing these with practices during the pandemic, and 2) identifying the major challenges faced by the faculty members of the study in securing their online assessment to ensure that academic integrity and assessment standards remained intact. Data were collected from seven university professors through a self-reporting survey, followed by semi-structured interviews. The faculty members found the pandemic period to be the best time to change their assessment methods, and incorporate innovative ideas that conformed to both their own beliefs and students’ needs. The factors that influenced the faculty’s assessment alterations were their personal beliefs and learnings from others’ experiences, in addition to the guidelines issued by Saudi Arabia’s Ministry of Education. The results of this study have implications for the development of post-COVID-19 assessment practices and professional development priorities. (shrink)

Advocates of dynamical systems theory (DST) sometimes employ revolutionary rhetoric. In an attempt to clarify how DST models differ from others in cognitive science, I focus on two issues raised by DST: the role for representations in mental models and the conception of explanation invoked. Two features of representations are their role in standing-in for features external to the system and their format. DST advocates sometimes claim to have repudiated the need for stand-ins in DST models, but I argue that (...) they are mistaken. Nonetheless, DST does offer new ideas as to the format of representations employed in cognitive systems. With respect to explanation, I argue that some DST models are better seen as conforming to the covering-law conception of explanation than to the mechanistic conception of explanation implicit in most cognitive science research. But even here, I argue, DST models are a valuable complement to more mechanistic cognitive explanations. (shrink)

Behavioral immune system describes psychological mechanisms that detect cues to infectious pathogens in the immediate environment, trigger disease-relevant responses and facilitate behavioral avoidance/escape. BIS activation elicits a perceived vulnerability to disease which can result in conformity with social norms. However, a response to superficial cues can result in aversive responses to people that pose no actual threat, leading to an aversion to unfamiliar others, and likelihood of prejudice. Pathogen-neutralizing behaviors, therefore, have implications for social interaction as well as illness (...) behaviors and responses to health communications. In this study, we investigate how PVD influences conformity, attitudes to other people and to lockdown regulations through the lens of the Reinforcement Sensitivity Theory. RST describes personality in terms of biologically-driven approach and avoidance motivations which support personal goals. Participants from the United Kingdom public completed an RST personality questionnaire and then read either coronavirus morbidity-mortality statistics and current United Kingdom government lifestyle regulations, just the regulations, or no information at all. They all completed the Perceived Vulnerability to Disease scale to assess BIS-relevant Germ Aversion and Perceived Infectability, followed by questions measuring social conformity, warmth toward others and attitudes toward lockdown measures. Significantly lower PVD scores were observed in the no-information condition, with the other conditions showing no difference. In terms of RST, approach behaviors related to goal-drive persistence work alongside fear in explaining conformity to social norms. Reward related approach behaviors partially explained warmth toward others, indicating that social rewards gained through interaction continue to be strong drivers of behavior. We found no role for RST traits in attitudes toward lockdown. Overall, coronavirus-related behavior is not driven purely by fear, but also by social and/or protection goals regulated by approach motivation. This study presents new insights into public perceptions of coronavirus and government regulated lifestyle restrictions, helping to explain social behaviors in terms of biologically driven mechanisms. Such understanding is vital if we are to successfully motivate public behavior to constrain spread of the virus. (shrink)

The recent proliferation of International Accountability Standards (IAS) has attracted significant academic interest, but the extent of their adoption and integration by global firms remains underinvestigated.Capitalizing on institutional theory and the typology of strategic responses to institutional pressures proposed by Oliver (Acad Manage Rev 16(1): 145-179, 1991), this article uses an interpretive research methodology to analyze a sample of MNC practitioners' views regarding IAS, and derive some insights in relation to expected patterns of strategic responses to these new institutional pressures. (...) The article also presents relevant remarks relating to the usefulness of institutional theory in the context of research relating to IAS. The findings suggest patterns of engagement combining elements of both conformity and resistance, although the answers correspond most closely to a decoupling or symbolic conformity strategic response. The findings are fleshed out and their implications delineated/assessed. (shrink)

In this essay, the author analyses Berkeley’s conformity and inference argument against Locke’s theory of percep tion. Both arguments are not as decisive as traditionally has been perceived and fail to engage in Locke’s actual position. The main reason for this is that Berkeley does not see that Locke’s position is compatible with the non-inferential nature of perceptual knowledge.

Transparency lies at the heart of most modern slavery reporting legislation, but while publication of statements is mandatory, conformance with content guidance is voluntary, such that overall, corporate responses have been poor. Existing studies, concentrated in business to consumer rather than inter-organisational contexts, have not undertaken the fine-grained assessments of statements needed to identify which aspects of reporting performance are particularly poor and the underlying reasons that need to be addressed by policy makers. In a novel design, this study utilises (...) the ethical trade initiative assessment framework to evaluate the content of 95 UK government suppliers’ modern slavery statements. The findings suggest that in a modern slavery context, discovery challenges are more important than firms’ attitudes to disclosure. We contribute to the transparency literature through a model contrasting discovery costs and disclosure risks and by identifying the disclosure of unknowns as an additional relevant dimension of disclosure. We then discuss the model in relation to normativity theory to consider options through which the currently low legitimacy of the reporting governance regime can be enhanced and the intended norms established. (shrink)

The coronavirus-19 (COVD-19) pandemic has resulted in strains on critical care resources throughout the world. Existing and newly developed guidelines for the allocation of scarce resources, including ventilators, frequently use the Sequential Organ Failure Assessment (SOFA) score for prognostic determination. This article will outline how SOFA scores were neither designed nor tested for this purpose and why guidelines based upon SOFA score groupings do not conform to ethical principles and community values.

The demands of a career in competitive sports can lead to chronic stress perception among athletes if there is a non-conformity of requirements and available coping resources. The Trier Inventory for Chronic Stress (TICS) (Schulz et al., 2004 ) is said to be thoroughly validated. Nevertheless, it has not yet been subjected to a confirmatory factor analysis. The present study aims (1) to evaluate the factorial validity of the TICS within the context of competitive sports and (2) to adapt (...) a short version (TICS-36). The total sample consisted of 564 athletes (age in years: M = 19.1, SD = 3.70). The factor structure of the original TICS did not adequately fit the present data, whereas the short version presented a satisfactory fit. The results indicate that the TICS-36 is an economical instrument for gathering interpretable information about chronic stress. For assessment in competitive sports with TICS-36, we generated overall and gender-specific norm values. (shrink)

Jeffrey (1983) proposed a generalization of conditioning as a means of updating probability distributions when new evidence drives no event to certainty. His rule requires the stability of certain conditional probabilities through time. We tested this assumption (“invariance”) from the psychological point of view. In Experiment 1 participants offered probability estimates for events in Jeffrey’s candlelight example. Two further scenarios were investigated in Experiment 2, one in which invariance seems justified, the other in which it does not. Results were in (...) rough conformity to Jeffrey (1983)’s principle. (shrink)

BackgroundIn response to COVID-19 pandemic, the Government of Uganda adopted public health measures to contain its spread in the country. Some of the initial measures included refusal to repatriate citizens studying in China, mandatory institutional quarantine, and social distancing. Despite being a public health emergency, the measures adopted deserve critical appraisal using an ethics and human rights approach. The goal of this paper is to formulate an ethics and human rights criteria for evaluating public health measures and use it to (...) reflect on the ethical propriety of those adopted by the government of Uganda to contain the spread of COVID-19.Main bodyWe begin by illustrating the value of ethics and human rights considerations for public health measures including during emergencies. We then summarize Uganda’s social and economic circumstances and some of the measures adopted to contain the spread of COVID-19. After reviewing some of the ethics and human rights considerations for public health, we reflect upon the ethical propriety of some of Uganda’s responses to COVID-19. We use content analysis to identify the measures adopted by the government of Uganda to contain the spread of COVID-19, the ethics and human rights considerations commonly recommended for public health responses and their importance. Our study found that some of the measures adopted violate ethics and human rights principles. We argue that even though some human rights can sometimes be legitimately derogated and limited to meet public health goals during public health emergencies, measures that infringe on human rights should satisfy certain ethics and human rights criteria. Some of these criteria include being effective, strictly necessary, proportionate to the magnitude of the threat, reasonable in the circumstances, equitable, and least restrictive. We reflect on Uganda’s initial measures to combat the spread of COVID-19 and argue that many of them fell short of these criteria, and potentially limit their effectiveness.ConclusionThe ethical legitimacy of public health measures is valuable in itself and for enhancing effectiveness of the measures. Such legitimacy depends on the extent to which they conform to ethics and human rights principles recommended for public health measures. (shrink)

“Eco-labels” are an increasingly important form of private regulation for sustainability in areas such as carbon emissions, water consumption, ethical sourcing, or organic produce. The growing interest and popularity of eco-labels has also been coupled with growing concerns about their credibility, in part because the standard-setting and conformity assessment practices that eco-labels adopt exhibit striking differences. In this paper, we assess which assurance practices contribute to eco-labels being perceived as better governed, in the eyes of experts as well (...) as the media. Unlike previous studies, which are mostly conceptual, qualitative, or focused on one or few eco-labels, we study a large set of eco-labels, combining data from three different sources. Our findings suggest that experts and media are primarily concerned about “re-assurance” practices, looking for one or preferably multiple layers of “re-assurance” that independent parties are overseeing the eco-label and the firms certified under it. (shrink)

The interest of the contemporary companies is not only in the fulfillment of social responsibility rules but also in the ways to reliably inform the community about their ‘ethical face’. Such possibility is created by, functioning in economy, systems of awarding certificates, distinctions, prizes etc. (e.g. Przejrzysta Polska, SA 8000, Filary Polskiej Gospodarki, Gender Index, Firma Fair Play etc.). The article characterizes and performs a comparative analysis of the most important initiatives of this kind in Poland.

The EU AI Act is the first step toward a comprehensive legal framework for AI. It introduces provisions for AI systems based on their risk levels in relation to fundamental rights. Providers of AI systems must conduct Conformity Assessments before market placement. Recent amendments added Fundamental Rights Impact Assessments for high-risk AI system users, focusing on compliance with EU and national laws, fundamental rights, and potential impacts on EU values. The paper suggests that automating business process compliance can help (...) standardize these assessments and outlines some methodological guidelines. (shrink)

This perspective paper critically examines value-laden challenges that emerge when using standards to support regulation in the field of artificial intelligence, particularly within the context of the AI Act. It presents a dilemma arising from the inherent vagueness and contestable nature of the AI Act’s requirements. The effective implementation of these requirements necessitates addressing hard normative questions that involve complex value judgments. These questions, such as determining the acceptability of risks or the appropriateness of accuracy levels, need to be addressed (...) in order to achieve compliance with the AI Act. However, this creates a dilemma: either the hard normative questions left open by the AI Act are addressed by the standards or they are addressed by the actors involved in the conformity assessment. This paper argues that the latter approach is more likely. Consequently, regulatory intermediaries such as notified bodies will be responsible for making critical value judgments while evaluating compliance with the AI Act’s value-laden requirements. This shift raises a series of concerns and implications that warrant further exploration. (shrink)

Kant famously made a distinction between actions from duty and actions in conformity with duty claiming that only the former are morally worthy. Kant’s argument in support of this thesis is taken to rest on the claim that only the motive of duty leads non-accidentally or reliably to moral actions. However, many critics of Kant have claimed that other motives such as sympathy and benevolence can also lead to moral actions reliably, and that Kant’s thesis is false. In addition, (...) many readers of Kant find the claim that we should deny moral worth to a dutiful action performed from friendly inclination highly counterintuitive. Moreover, Kantian commentators disagree about the status of actions in conformity with duty, some claim that these can be taken as equally morally worthy as those performed from duty, while others argue that they are not even permissible. -/- It has also been claimed that Kant’s theory of moral worth should be related to the theory of the Gesinnung developed in the Religion. Thus, some authors claim that, in order for an action to possess moral worth, the agent has to be unconditionally committed to morality, that is, the agent must possess a virtuous character or good fundamental maxim (i.e. a good Gesinnung). However, according to Kant’s radical evil thesis (that is, the thesis that man is evil by nature ), the default position for man is to possess an evil Gesinnung, i.e. a Gesinnung which is only conditionally committed to morality insofar as morality does not demand a great sacrifice of our own happiness. So, an unwelcome consequence of this line of interpretation is that in Kantian ethics morally worthy actions become very rare indeed. -/- The paper is divided in two parts. The first part aims to clarify why Kant thought that only actions from duty are morally worthy, replying to some common objections against Kant’s view. I argue that Kant’s non-accidental condition should not be understood in terms of reliability because such interpretation is incompatible with Kant’s theory of motivation and rational agency. I propose an alternative interpretation which supports Kant’ s claim that only the motive of duty leads nonaccidently to dutiful actions, and thus only actions from duty possess moral worth. I end by showing that although actions in conformity with duty are worthless from the moral point of view, they are not (in many cases) impermissible. The first part concludes that the criterion for the permissibility of actions is different to the criterion for the ascription of moral worth. Thus, rightness, which pertains to actions performed on maxims that can be willed as universal laws, and moral worth, which pertains to actions performed from a sense of duty, should be understood as two different levels of moral assessment. -/- The second part of the paper examines Kant’s conception of virtue with the aim of showing that although only agents with a virtuous character (good Gesinnung) will reliably act from duty, a person with an evil character (evil Gesinnung) could on frequent occasions act from duty. I argue that we should not deny moral worth to actions performed from duty even when the agent has an evil Gesinnung. Goodness of Gesinnung is not a necessary condition of the action of an agent possessing moral worth; reliability of motivation is necessary for the ascription of virtue but not for the ascription of moral worth. It follows that virtue, which refers to the agent’s character or fundamental maxim (i.e. the agent’s Gesinnung), and moral worth are also two different levels of moral assessment. The paper concludes that three levels of moral assessment can be distinguished in Kant’s ethical system: (i) rightness, (ii) moral worth and (iii) moral virtue. Moral virtue is the highest level of moral perfection for a human being. Striving towards virtue requires constant progress and effort and ultimately a ‘revolution of the heart.’ The important point is that even when we are still striving to achieve virtue (i.e. an unconditional commitment to morality), we can ascribe moral worth to actions performed by a genuine sense of duty. It turns out that, contrary to many influential interpretations, Kantian ethics is not merely concerned with the rightness or wrongness of particular actions nor is Kantian ethics primarily an ethic of virtue. Instead, Kant’s ethical system is complex and allows for different levels of moral assessment in which both an action-centred and agent-centred perspective can be integrated. (shrink)

The popular press and academic research has focused primarily on the characteristics of corporate leaders. Subordinates have been studied much less frequently than leaders and yet they play a pivotal role in destructive leadership processes. An area holding significant potential to bring clarity to subordinates’ ability to withstand (or succumb) to pressures from superiors is dispositional affect. In our exploratory study, we examine how specific affective states influence subordinates’ unethical behavior. We performed an experiment with 63 mid-level managers having significant (...) work experience. Participants were given ethical scenarios and asked to assess their intentions to comply with their superiors’ requests to engage in unethical conduct. The participants also completed the positive affect negative affect schedule (PANAS) which provides measures of affective states. Our results provide support for theory-based predictions. The findings of our study make important contributions and have implications to both practice and theory. First, we identify certain affective states that encourage subordinates to adopt the behavior of a conformer or colluder and thus be susceptible to their superiors’ unethical directives. Second, our results suggest the need for training programs to assist employees in managing affect in the work place and consideration of organizational changes that provide a culture of empowerment of its employees. Third, unlike a large majority of prior research, we measured naturally occurring affective states rather than providing a contrived (and potentially exaggerated) triggering event to elicit affective states. Fourth, we examined specific affective states rather than examining only general positive and negative valence categories. (shrink)

Richard Rorty’s assessment of the American philosophical scene is unduly cynical. Part of the reason for this seems to lie in his recognition (in Philosophy and the Mirror of Nature) of the incoherence of “grounding” a linguistic or conceptual scheme on a “given”, but proceeding, nevertheless, to think of representation and truth as requiring conformity to a “given”. He, therefore, fails to appreciate the unity and seriousness of American philosophers who, abandoning the “given”, are working with some success·on (...) plausible accounts of representation and truth. Surprisingly, neither in his article nor his book does he attend to the remarkable increase in sophistication and serious research on the part of historians of philosophy and historians of science. Both in serious work on representation and truth and in historical research there is more rapprochement between American and Continental philosophers than Rorty seems prepared to credit. (shrink)

In an article published in this journal in 1996, I surveyed number stylization in monetary amounts recorded in Roman-era literature up to the Severan period. I argued that certain leading digits such as 1, 3 and 4 were heavily over-represented in the evidence. For the limited samples I used at the time these findings are not in need of revision. However, as I show here, a more inclusive approach to the material produces a substantially different picture. The most significant shortcoming (...) of my study was my failure to take account of the probable distribution of leading digits in a random sample, which may serve as a benchmark for assessing the nature and extent of number preference. While I noted that lower leading digits were inherently more likely to occur than higher ones, I schematically related observed frequencies to an even distribution of leading digits. This benchmarking strategy is invalidated by a widely observed phenomenon known as Benford's Law, according to which leading digits frequently conform to a predictable pattern that greatly favours lower over higher numbers. This is true in particular if observations are spread across several orders of magnitude. Ancient monetary valuations satisfy this condition since recorded amounts range from single digits to hundreds of millions. Yet, to the best of my knowledge, Benford's Law has never been applied to the study of these data. (shrink)

Fitelson and McCarthy have proposed an accuracy measure for confidence orders which favors probability measures and Dempster-Shafer belief functions as accounts of degrees of belief and excludes ranking functions. Their accuracy measure only penalizes mistakes in confidence comparisons. We propose an alternative accuracy measure that also rewards correct confidence comparisons. Thus we conform to both of William James’ maxims: “Believe truth! Shun error!” We combine the two maxims, penalties and rewards, into one criterion that we call prioritized accuracy optimization. That (...) is, PAO punishes wrong comparisons and rewards right comparisons. And it requires to prioritize being right und avoiding to be wrong in a specific way. Thus PAO is both, a scoring rule and a decision rule. It turns out that precisely confidence orders representable by two-sided ranking functions satisfy PAO. The point is not to argue that PAO is the better accuracy goal. The point is only that ranking theory can also be supported by accuracy considerations. Thus, those considerations by themselves cannot decide about rational formats for degrees of belief, but are part and parcel of an overall normative assessment of those formats. (shrink)

In Canada, all institutions that conduct publicly funded, animal-based research are expected to comply with the standards of the Canadian Council on Animal Care (CCAC). The CCAC promotes the use of animal alternatives, and uses the “3Rs” principles of Replacement, Reduction, and Refinement as a guiding ethical framework. To ensure these standards are strictly enforced, internal ethics committees at each institution are tasked with creating “Animal Use Protocol” (AUP) forms to be filled out by researchers and evaluated by the committees. (...) In this paper, we assess AUP forms from Canada’s top research universities to identify the extent to which they conform to, or advance, the 3Rs framework. Our results show various deficiencies that call into question the quality of information elicited by these forms. To remedy this, we recommend that the CCAC assume responsibility for creating a standardized 3Rs section to be used on all AUP forms. In addition, proposal forms and experimental results for all research at CCAC-certified institutions should be digitized and uploaded into a national database. We argue that this would offer higher quality information for researchers at the experimental design stage, while strengthening the CCAC’s mandate to be accountable to the Canadian public. (shrink)

This article provides an assessment of the merits of recent theories of legal reasoning. After a quick historical aperçu a number of models of legal argumentation are presented and discussed, with an eye to their mutual connection. An initial conclusion is that universalizability and discursivity are the common features of those models. The focal question dealt with, however, is that of the impact of the argumentative paradigms of adjudication on the very concept of law. Here the contention is that (...) an argumentative style of reasoning contributes to rendering the structure of the law itself and its operations argumentative as well. By so doing the latter are—so to say—civilized and made less truculent. They will thus be able to develop more in conformity with a democratic form of life. (shrink)

This paper critically assesses the “procedural” accounts of political justice set forth by John Rawls in A Theory of Justice (1971) and Robert Nozick in Anarchy, State, and Utopia (1974). I argue that the areas of agreement between Rawls and Nozick are more significant than their disagreements. Even though Nozick offers trenchant criticisms of Rawls's argument for economic redistribution (the “difference principle”), Nozick's own economic libertarianism is undermined by his “principle of rectification,” which he offers as a possible ground in (...) practice for the application of something like the difference principle. Both Rawls's and Nozick's accounts of justice fail because of their abstraction from human nature as a ground of right. At the same time the libertarianism on which they agree in the non-economic sphere would deprive a free society of its necessary moral underpinning. Rawls and Nozick err, finally, by demanding that the policies pursued by a just society conform to theoretical formulas concocted by philosophy professors, rather than leaving room (as Lockean liberalism does) for the adjustment of policies to particular circumstances based on statesmen's prudential judgment and the consent of the governed. Particularly troubling from the perspective of a citizen seriously concerned with the advancement of justice and freedom is both thinkers' shrill denunciations of existing liberal societies for failing to conform to their particular strictures. (shrink)

Both 'persuasion' and 'rational convincing' play a major role in argumentative discourse but only the latter is said to constitute argument and be amenable to traditional logical analysis. I argue against this assumption by showing that there are many paradigmatic instances of persuasion which are best understood as implicit arguments. So understood, acts of persuasion can conform to well recognized argument schemata and are best assessed accordingly. I shall argue that the attempt to distinguish arg ument and persuasion is fraught (...) with difficulties. I contrast my conclusions with those of authors like Gilbert, Johnson, and Johnson and Blair. (shrink)

This paper is significant in its exploration of the experiences of children designated as ‘lower-attaining’ in British primary schooling. It is underpinned by Nancy Fraser’s conceptualisation of a global shift from government via nation-state welfare structures to governance through supra-national financialised neoliberalism. Within this context, we take the innovative path of investigating how ‘lower-attaining’ children explain perseverance with hard work at school within neoliberalism’s ‘cruel and cynical fiction’ of social mobility. Our extended interviews with 23 ‘lower-attaining’ children over two years (...) provide findings which indicate – with a startling vividness – that these particular children experienced loneliness at school and blamed themselves for being inadequate and inferior. Fear appeared to be an essential component of their schooling system and sometimes elicited from them anger as well as humiliation. In particular, these children feared being assessed and sorted according to attainment. We propose that these factors often led the ‘lower-attaining’ children to experience schooling as at least uncomfortable. And yet they came to accept as fact the fiction that they were inadequate; and to perceive that perseverance in conforming to schooling’s rules was their only chance of not slipping out of the race altogether. (shrink)

What is it for there to be a God, and what reason is there for supposing him to conform to the claims of Christian doctrine? In this pivotal volume of his tetralogy, Richard Swinburne builds a rigorous metaphysical system for describing the world, and applies this to assessing the worth of the Christian tenets of the Trinity and the Incarnation. Part I is dedicated to analyzing the categories needed to address accounts of the divine nature--substance, cause, time, and necessity. Part (...) II begins by setting out, in terms of these categories, the fundamental doctrine of Western religions--that there is a God. After pointing out some of the different ways in which this doctrine can be developed, Swinburne spells out the simplest possible account of divine nature. He then goes on to clarify the implications of this account for the specifically Christian doctrines of the Trinity (that God is "three persons in one substance") and of the Incarnation (that God became incarnate in Jesus Christ). Swinburne finds that there are good reasons to believe the Christian additions to the core Western idea of God. The Christian God builds upon Swinburne's acclaimed previous work to form a self-contained text which will no doubt become a classic in the philosophy of religion. (shrink)

In two studies of a GO–NOGO task assessing sustained attention, we examined the effects of altering speed–accuracy trade-offs through instructions and auditory alerts distributed throughout the task. Instructions emphasizing accuracy reduced errors and changed the distribution of GO trial RTs. Additionally, correlations between errors and increasing RTs produced a U-function; excessively fast and slow RTs accounted for much of the variance of errors. Contrary to previous reports, alerts increased errors and RT variability. The results suggest that standard instructions for sustained (...) attention tasks, emphasizing speed and accuracy equally, produce errors arising from attempts to conform to the misleading requirement for speed, which become conflated with attention-lapse produced errors and auditory alerts have complex, and sometimes deleterious, effects on attention. We argue that instructions emphasizing accuracy provide a more precise assessment of attention lapses in sustained attention tasks. (shrink)

This paper contains an ‘affective picture’: a story, extensively supported by empirical data, about the way I take people to judge and behave morally; a picture in which the respective roles of reflective and affective processes are explained. According to this picture, different sorts of judgements have to be distinguished, some being cognitively more complex than others. ‘Sophisticated judgements’ are displayed at the level of rational considerations and allow for moral thinking, whereas ‘basic value judgements’ are a primitive and nonreflective (...) way of assessing the world and are motivating. As we shall see, this affective picture has some consequences for the traditional internalismexternalism debate in philosophy; it highlights the fact that motivation is primarily linked to ‘basic value judgements’ and that the norms and judgements we openly defend do not have a particular effect on our actions, unless we are inclined to have an emotional attitude that conforms to them. Key words: affect, emotion, emotional reaction, externalism, internalism, justification, moral judgement, motivation, norm, value. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Second GuessingAnonymous OneThis is difficult for me to write because I have tremendous respect for every doctor that has been involved in my son’s care. I firmly believe that they chose and administered the highest level of care that they assessed as appropriate; that they cared for him both personally and professionally as if he were their own child; and that he was in the care of acknowledged giants (...) in their fields. I write this knowing that I will share this narrative with these doctors, in order that they can better understand the decisions I was faced with and the guilt I must live with feeling that I may not have made the best possible informed choice for my son, because of this trust and relationship.Let me describe my oncologist. I say “my” instead of my son’s whose doctor he really is, because he is mine too in every sense of the word. He cares passionately about his work and about my son specifically; he engenders my trust because he is compassionate, brilliant, and available to me for concerns both great and small. His accomplishments have saved lives and will continue to impact his field. He became the narrow bridge I walk, that is the only thing between me and dangerous water and rocks waiting below; the balancing bar on the tightrope that is the only thing that stands to keep me from falling into the abyss and breaking my neck. And this made it difficult for me to disagree with him and seek a second opinion. Because his unspoken words were, “Don’t you trust me that I will do the best for your child?” and I could not answer then what I would answer now, “Nobody is infallible and sometimes we may miss something that someone else can see despite how much we know or care.”It is ironic, I think, that sometimes a layperson, because of her limited knowledge, can see more clearly where a professional may not.My son was diagnosed at age six with Grade II ependymoma in 2006. He was treated with surgery, a complete resection, and then 33 rounds of conformal radiation. He recurred in 2012, and was diagnosed with anaplastic ependymoma Grade III. He had another surgery, with the same surgeons, who pronounced it another successful total resection. This is where my story begins.The MRI taken the next day showed a sliver of something there. My oncologist, much sought after for his diagnostic abilities in reading MRI’s showed slight concern that it may be residual tumor, but both the surgeons and the MRI report came back negative, identifying the sliver as inflammation. Six [End Page 9] weeks later, 3 days before we were scheduled to leave out of town to receive proton beam radiation, I insisted on another MRI. The sliver was enlarged from the post–op MRI. My oncologist said it was tumor; one surgeon said it was inflammation and the other surgeon abstained from speculation. The MRI report stated it appeared to be recurrent tumor.Now here was my dilemma as a parent. The prognosis today of radiation on residual tumor for ependymomas is very bad, especially with a residual tumor of his size. On the other hand, my oncologist felt that going in for surgery with no guarantee of a total resection anyway, was incurring a risk of damage to my child that may impact severely on his quality of life.My oncologist felt that for many medical reasons, inherent risks of surgery, uncertainty about status of the scan reading, quality versus quantity of life, and—I think—an understandably pessimistic view of the possibility of cure for recurrent anaplastic grade III ependymoma, he was against another surgery, and opted to continue with radiation with the tumor as is.I am part of two support groups on line, one for parents of children with any type of brain tumor and the other specific for ependymoma parents. The clinical and anecdotal knowledge of these groups as a whole is phenomenal because, unfortunately, we have parents who have experienced and researched almost everything about this illness, in all its stages. When I was faced... (shrink)

The article focuses on the analysis of preparation of crime prevention programmes in Lithuania and assesses their level of compliance with the methodological requirements for programme preparation. Many crime prevention programmes are approved and implemented at national level in Lithuania. If such programmes were prepared in accordance with the principles and methods recommended in the scientific literature, the efficiency of crime prevention programmes would undoubtedly increase. In Lithuania, a number of studies on the efficiency of the existing crime prevention programmes (...) were carried out; however, none of them assessed the level of compliance of such programmes with the methodological requirements for the preparation of such programmes. The object of the study – crime prevention programmes in Lithuania. The goal of the study is to analyse the preparation of crime prevention programmes currently available in Lithuania, to identify major problems related to the preparation of such programmes, and to suggest possible solutions to these problems. In order to achieve that goal, the article lists and defines the main general aspects of crime prevention, and carries out an analysis of the principles and methodological aspects of preparation of crime prevention programmes. Subsequently, the crime prevention programmes available in Lithuania are analysed and their level of compliance with the methodological requirements for such programmes is assessed. Major problems related to the preparation of such programmes are defined. Research methods. Analysis of scientific literature, comparative analysis, analysis of legal documents, content analysis, statistical data analysis, systemising and generalisation. Main results and conclusions: • After investigating 49 crime prevention programmes it was found that none of the examined programmes conformed to all of the 16 criteria of the methodological requirements applicable for preparation of such programmes. Most of the crime prevention programmes have the following weaknesses: o problem-solving is formulated vaguely and inaccurately – the main problem for which the programme is created is not distinguished and its extent and content cannot be determined by objectively measurable indicators. o Permanence of solving problems is not defined – the programmes did not provide data showing the duration of an underlying problem. o Unidentified negative consequences of the phenomenon – negative consequences of the problem are not revealed, the damage is not assessed. o The goals do not correspond to the problem – the results of the goals, which would be expressed in terms of changes to be achieved, describing changes to the extent and/or content of the problem are not determined. o The goals are not concrete and exact – the objects of impact, their changes and expected results are not defined. o The goals are incomprehensible – they are vaguely formulated and treated like tasks. o Non-specific tasks – there are no outcomes measurable by objective indicators, after achieving that the tasks are resolved. o The potential effectiveness of the selected measures is not specified - there is no indication on the grounds of the conclusion as to the potential effectiveness of each measure. o The financial costs of implementing measures are not estimated. o The expected results are not determined - there is no indication as to the changes to be determined by the implementation of the programme. o There are no criteria provided for the assessment of effectiveness and impact. o The participation of the non-governmental organisations and individuals in the implementation of the measures is not defined. • On average, crime prevention programmes meet 6.8 of the criteria (out of the 16 criteria analysed). This means that on average the programmes meet less than half of all the criteria used. • Only 20 (41%) crime prevention programmes meet half or more of the criteria examined. Proposal. Given the irrational use of the allocated resources for the implementation of the poorly developed crime prevention programmes, the Government of the Republic of Lithuania should develop and adopt a mandatory and not a guidance methodology for the preparation of programmes, to be used by anyone preparing programmes financed from the state budget. (shrink)

Variabilism is the view that proper names (like pronouns) are semantically represented as variables. Referential names, like referential pronouns, are assigned their referents by a contextual variable assignment (Kaplan 1989). The reference parameter (like the world of evaluation) may also be shifted by operators in the representation language. Indeed verbs that create hyperintensional contexts, like ‘think’, are treated as operators that simultaneously shift the world and assignment parameters. By contrast, metaphysical modal operators shift the world of assessment only. Names, (...) being variables, refer rigidly in the latter merely intensional contexts, but may vary their reference in hyperintensional contexts. This conforms to the intuition that the content of attitude ascriptions encapsulates referential uncertainty. Furthermore, names in hyperintensional contexts are ambiguous between de re* and de dicto* interpretations. This fact is used to account for asymmetric mistaken identity attributions (for example, Biron thinks Katherine is Rosaline, but he doesn’t think Rosaline is Katherine). -/- The variable theory compares favourably with its alternatives, including Millianism and descriptivism. Millians cannot account for the behaviour of names in hyperintensional contexts, while descriptivists cannot generate a necessary contrast between intensional and hyperintensional contexts. No other theory can capture the facts pertaining to the existentially bound use of names. (shrink)

As a positive thesis, philosophical anarchism claims that political authority is always at odds with practical rationality insomuch as authoritative directives are best analysed as content-independent reasons. The aim of this paper is to clarify the metaethical assumptions behind such a claim. Since philosophical anarchists reject as irrational the possibility that an agent can follow content-independent reasons issued by another agent, emphasising agents’ responsibility to assess the content of every directive before acting in conformity with it, it is safe (...) to say that philosophical anarchists must be cognitivist in metaethics. At the very least, were there no right or wrong answers to questions such as “what does one have reason to do in these circumstances?”, answers such as “one should follow authoritative directives” would be as good as any other. However, philosophical anarchism requires much more than metaethical cognitivism; indeed, it requires a very specific (and ambitious) type of cognitivism. I intend to show which one. (shrink)

Introducción: El embarazo, aborto, las infecciones de transmisión sexual incluido el Virus de Inmuno Deficiencia Humana, se han convertido en problemas sanitarios de mayor vulnerabilidad en jóvenes. Objetivo: Describir las conductas de riesgo y prevalencia de problemas sexuales y reproductivos de estudiantes universitarios. Método: Investigación descriptiva, el universo estuvo constituido por alumnos de dos grupos de segundo semestre; el grupo de estudio conformado por la totalidad de estudiantes de la Facultad de Salud Pública ; y el control seleccionado mediante una (...) muestra aleatoria de estudiantes del resto de las facultades, se realizó esta selección con el propósito de valorar la homogeneidad de las variables entre los grupos. Resultados: Existe homogeneidad en la mayoría de conductas de riesgo y problemas sexuales en los grupos, en consecuencia estas variables no están influenciadas por la pertenencia a la Facultad de Salud Pública. Se evidencian conductas de riesgo como: inicio temprano de relaciones sexuales, múltiples parejas, infidelidad, relaciones sexuales ligadas al consumo de sustancias, dificultades con el uso de métodos anticonceptivos o de protección; se encontró prevalencia de problemas como: experiencia de embarazos, la mayoría no planeados, abortos inducidos y presencia de infecciones de transmisión sexual. Conclusiones: Existe vulnerabilidad en la salud sexual y reproductiva de los jóvenes universitarios independientemente de la formación que reciben, por tanto, emerge la necesidad de buscar alternativas integrales de promoción, prevención y educación sexual integral. Introduction: Pregnancy, abortion, sexually transmitted infections including Human Immunodeficiency Virus, have become a health problem of more vulnerable in young people. Objective: To describe risk behaviors and prevalence of sexual and reproductive problems of university. Method: Descriptive study, the universe consisted of students from two groups of second semester; the study group is conformed by students of the Public Health Faculty ; and control selected by a random sample of students from other faculties, in order to assess the homogeneity of the variables between groups. Results: Homogeneity exists in most risk behaviors and sexual problems in groups, therefore these variables are not influenced by membership in the Public Health Faculty. Risk behaviors as evidence: early initiation of sexual activity, multiple partners, infidelity, sexual relationship linked to substance consumption, which prevails alcohol, together with the non-use or inappropriate use of contraception or protection; experience of pregnancy, most unplanned, induced abortions and the presence of sexually transmitted infections: prevalence of problems as found. Conclusions: There is vulnerability in sexual and reproductive health of young students regardless of their training, thus emerges the need to find alternatives comprehensive promotion, prevention and comprehensive sex education. (shrink)

Os atuais documentos oficiais elaborados pelo Ministério da Educação no Brasil têm preconizado o ensino da produção textual por meio do gênero -discursivo ou textual. Seguindo essa linha, o exame vestibular de ingresso a uma das maiores universidades paulistas de 2011 também solicitou dos candidatos a elaboração de três textos, de diferentes gêneros. Com o objetivo de verificar que horizontes teórico-metodológicos fundamentaram a elaboração daquele exame, analisamos os textos do Manual do Candidato, da Prova de redação e da Expectativa da (...) banca. Nosso parâmetro teórico é o conceito de gênero discursivo conforme desenvolvido pelos membros do Círculo de Bakhtin desde 1920. Observamos, então, como essa nova proposta visa avaliar as características que a Universidade espera encontrar em cada um de seus alunos; como utiliza o arsenal teórico nos textos analisados e como garante a avaliação da capacidade argumentativa dos candidatos. Finalmente, sugerimos a possibilidade de trabalho com o gênero "dissertação escolar".Today's official documents drawn up by the Ministry of Education in Brazil have advocated that textual production should be taught by the concepts of speech genre or textual genre. Following this guideline, the 2011 edition of the entrance exam, vestibular, of one of the most important universities in the state of São Paulo, Brazil, asked its candidates to write three texts, each one belonging to a different genre. In order to verify the theoretical-methodological horizons that motivated the elaboration of that exam, we analyzed the texts of the candidate's guidelines, the examination essay and the expectations set by the examiners. Our theoretical perspective is the concept of discursive genre as developed by the members of the Bakhtin Circle since 1920. Then, we observe how this new proposal aims at evaluating the characteristics that the University expects to find in each one of its students; how the theoretical perspectives are used in the analyzed texts and how the assessment of the candidates' argumentative ability is ensured. Finally, we suggest the possibility of working with the genre "scholar essay". (shrink)

This paper seeks to explore why women’s participation in the Jordanian workforce remains comparatively low—despite an increase in the number of employed women across many countries and regions. Focusing on the Jordanian private sector, where the greatest disparities lie, we assess the conformity between the provisions that regulate family-related rights in the workplace within national labour law and international law. From this examination, we conclude that whilst law offers the potential for significant positive change in the Jordanian labour market, (...) and notwithstanding the labour law reforms which took place between 2000 and 2020, the underlying structure of the existing laws is inimical to the goal of women’s full participation. Using a women’s rights perspective, we argue that, instead of piecemeal reform, the labour law sphere must be revised as a whole to better accommodate respect for women’s needs in the workplace. This change must be underpinned by family-friendly legislation, which, as our study shows, is a key factor in alleviating some of the major challenges facing women workers. (shrink)

Resumen: El presente trabajo ofrece un análisis del diccionario Nuevos chilenismos con el objetivo de identificar los principales aspectos culturales presentes en esta obra chilena de principios del siglo XX. Gracias a un enfoque metodológico sustentado en la teoría fundamentada, es posible establecer que dentro de los aspectos culturales con mayor presencia destaca la conformación de la identidad lingüística chilena, lo que se evidencia a través de la valoración social que ofrece el autor de la norma nacional y, además, la (...) oposición que establece entre esta y la norma peninsular.: This work offers an analysis of the New Chileanisms dictionary with the objective of identifying the main cultural aspects present in this Chilean work of the beginning of the XXth century. Thanks to a methodological approach based on grounded theory, it is possible to establish that within the cultural aspects with greater presence highlights the conformation of Chilean linguistic identity, which is evidenced through the social assessment offered by the author of the national standard and, in addition, the opposition established between it and the peninsular norm. (shrink)

To decode the function and molecular recognition of several recently discovered cytosine derivatives in the human genome – 5-hydroxymethylcytosine, 5-formylcytosine, and 5-carboxylcytosine – a detailed understanding of their effects on the structural, chemical, and biophysical properties of DNA is essential. Here, we review recent literature in this area, with particular emphasis on features that have been proposed to enable the specific recognition of modified cytosine bases by DNA-binding proteins. These include electronic factors, modulation of base-pair stability, flexibility, and radical changes (...) in duplex conformation. We explore these proposals and assess whether or not they are supported by current biophysical data. This analysis is focused primarily on the properties of epigenetically modified DNA itself, which provides a basis for discussion of the mechanisms of recognition by different proteins. 5-hydroxymethylcytosine, 5-formylcytosine, and 5-carboxylcytosine have recently been discovered in mammalian DNA and appear to have essential regulatory roles. Here, we summarize recent investigations into their effects on the structural, chemical, and biophysical properties of DNA, an understanding of which is essential to decoding their behavior in the genome. (shrink)

It is important for energy enterprises to research on the investment potential of the energy markets in countries along the “Belt and Road,” which can help them optimize the regional investment structure, reduce investment risks, and conform to the development trend of “going global.” Therefore, we construct an investment potential assessment system of 29 indexes including five dimensions: politics, economy, society, energy, and cooperation and assess energy investment potential of 48 sample countries along the “Belt and Road” using principal (...) component analysis to provide reference meanings for energy enterprises. The results show that the assessment results of investment potential are affected by a combination of multiple indexes. In addition, compared with Central Asia and South Asia, which have weak economic foundations and greater political and legal risks, the investment potential of Central and Eastern Europe and some emerging economies in Southeast Asia is higher. (shrink)

Jon Elster denies that collectives can behave rationally. Rational behavior requires action in conformity with preferences and beliefs. According to Elster, however, social choice theory demonstrates that collectives cannot have preferences, even in principle, and this precludes them from behaving either rationally or irrationally. (Irrationality, after all, is a property that can only be possessed by something that could in theory be rational.) Elster, however, does not fully accept this refutation of the possibility of collective rationality. For in exploring (...) the question of random selection, he argues that collectives, as well as individuals, can employ random selection as a tool to facilitate more rational behavior. This contradiction can be resolved if collective preferences are not as inconceivable as Elster suggests, and Elster himself gives reason for believing they may not be. He does this by distinguishing between a thin and a broad theory of rationality. His refutation of the possibility of collective preferences depends on a thin theory of preferences (and beliefs), a theory that he admits is inadequate for purposes of normative assessment. A broad theory of preferences and beliefs, when properly developed, could well accommodate the notion of collective preferences and beliefs, and thus of collective rationality. Key Words: Elster • rationality • social choice theory. (shrink)

This paper argues that chance (risk or opportunity) discovery is challenging, from a reasoning point of view, because it represents a dilemma for inductive reasoning. Chance discovery shares many features with the grue paradox. Consequently, Bayesian approaches represent a potential solution. The Bayesian solution evaluates alternative models generated using a temporal logic planner to manage the chance. Surprise indices are used in monitoring the conformity of the real world and the assessed probabilities. Game theoretic approaches are proposed to deal (...) with multi-agent interaction in chance management. (shrink)

The conflict in Iraq has been portrayed as “ethnic” civil war, a radically different conflict from “ideological” wars such as Vietnam. We argue that such an assessment is misleading, as is its theoretical foundation, which we call the “ethnic war model.” Neither Iraq nor Vietnam conforms to the ethnic war model's predictions. The sectarian conflict between Shia and Sunni militias is not simply the outcome of sectarian cleavages in Iraqi society, but to an important extent, a legacy of U.S. (...) occupation. On the other hand, although Vietnam was a society riven by ethnic cleavages, the Vietnam War also fails to conform to the ethnic war model. We show that there is no necessary overlap between ethnic conflict and ethnic war. Some ethnic conflicts evolve into ethnic wars, and others develop dynamics virtually indistinguishable from those of ideological civil wars. We suggest that the state's role is essential in transforming conflicts into either ethnic or irregular wars. We conclude with an analysis of the current situation and future prospects in Iraq. (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)

Kant taught us that there are two kinds of norms: Categorical imperatives that one ought to follow regardless of one's personal aims and circumstances, and hypothetical imperatives that direct us to employ the means towards our chosen ends. Kant's distinction separates two approaches to normative epistemology. On the one hand, we have principles of "inductive rationality", typically supported by considerations such as intuitive plausibility, conformity with exemplary practice, and internal consistency. On the other hand, we may assess rules for (...) forming belief by how well they attain the objectives that motivate inquiry; in Levi's words, "the ends of inquiry control the legitimacy of inferences" [Levi 67, p. 241]. A doctrinaire attitude would ignore one of these perspectives in favour of the other; a balanced approach is to develop both and compare [cf. Helmann 97, Sec.2]. There are three possible relationships between hypothetical and categorical imperatives for empirical inquiry. (shrink)