This article questions the continued use and application of EVA® (economic value added) because it is epistemologically a non-sequitur, fails to satisfy the requirements of sound research methodology in terms of being a reliable and valid metric, and is unlikely to satisfy the requirements of Rule 702 of the Federal Rules of Evidence. In the light of these insufficiencies, the continued use of EVA® is ethically questionable, and moreover in time is likely to result in class actions.

This paper explores whether brain images may be admitted as evidence in criminal trials under Federal Rule of Evidence 403, which weighs probative value against the danger of being prejudicial, confusing, or misleading to fact finders. The paper summarizes and evaluates recent empirical research relevant to these issues. We argue that currently the probative value of neuroimages for criminal responsibility is minimal, and there is some evidence of their potential to be prejudicial or misleading. We also (...) propose experiments that will directly assess how jurors are influenced by brain images. (shrink)

As a recent special report in the Hastings Center Report demonstrates, many bioethicists are rethinking the way we regulate both biomedical research and clinical practice, as well as the sharp boundary that the field has assumed can and should exist between them. Such a rethinking is long overdue. There is surely a meaningful normative distinction between activities whose expected risk‐benefit profile is and is not “reasonable” for participants (to echo the language in the Common Rule—the core set of human research (...) guidelines found in many federal regulations). But neither the research‐practice distinction nor the criteria underlying it—the intention of the actor, whether the activity is “systematic,” and whether its results are “generalizable”—closely track good and bad outcomes for research participants and patients or justify either the bureaucratic, paternalistic licensing system that governs human subjects research or the comparatively lax governance of medical practice. The specious distinction between research and practice is especially ripe for dismantling in light of the embarrassing fact that evidence‐based medicine remains more aspiration than reality. (shrink)

Social policy, broadly understood, is an intervention by government or other public institution designed to promote the well‐being of its members or intended to rectify perceived social problems. Governmental policy can issue from legislative, executive, or judicial actions. Regulations and rules governing major public establishments, such as universities or medical institutions, and directed at promoting the aims of the larger social body can also be considered instruments of social policy. Social policy is sometimes understood more narrowly as interventions of (...) the state in the domain of distribution or redistribution, when action has been thought necessary to correct for the instability inherent in a given social structure or created by pressures for social change. In this sense, it pertains to welfare policies aimed at the poor. In this article, we will deal primarily with social policy in the broad sense, reserving a brief discussion at the end on social policy in the narrow sense, as welfare policy. (shrink)

The first section of this paper explains why assessing the worth of expert testimony poses special epistemological difficulties. The second traces the history of the various rules and procedures by means of which the U.S. legal system has tried to ensure, or at least control, the quality of the expert testimony on which it so often relies—from the Frye Rule, the Federal Rules of Evidence, and the Daubert trilogy to recent constitutional cases regarding the appearance of (...) forensic witnesses in court and experiments with court-appointed experts and scientific education for judges. The third and final section suggests some lessons to be learned from the limited success of these efforts, and explores what might be better strategies going forward. (shrink)

This article sets out to investigate aspects of the uptake of Renaissance law and medicine from some of the logical and natural-philosophical components of the university arts course. Medicine is shown to have a much laxer operative logic than law, reflecting its commitment to the theory of idiosyncrasy as opposed to the demands made upon the law by the need for a uniform application of justice. Symptomatic of the different uptake arc the contrasting meanings of "regulariter" and "generaliter" in the (...) two disciplines. Whereas the law treats the rule as inviolable and the exception as only valid if made explicit in due legal form, medicine is able to conceive of a nature as a field of knowledge broader than that encompassed by its rules of art. Both law and medicine approach evidence. (shrink)

AimUnderstanding interrelations between the factors predicting students’ aggressive behavior is a priority for bullying-prevention programs. Our study explores two possible mechanisms linking school disciplinary structure and students’ aggression. We test students’ moral disengagement and bullying by teachers as mediational pathways from school authoritative discipline to students’ aggressive behavior.MethodsWe used a regionally representative sample of 213 schools that participated in a school climate survey in Kaluga Oblast (a federal subject of Russia) in 2019. The analytical sample contained the anonymous responses (...) of 16,809 students from grades 6–9 (12–15 years old); 51% of the respondents were girls. The analytical procedure consisted of structural equation modeling (SEM), which was implemented in Mplus 8.7.ResultsThe mediation model fit the data well, suggesting that the clarity and fairness of school rules negatively predicted peer aggression, while student moral disengagement and bullying by teachers independently and partially mediated this association.ConclusionWe confirm that authoritative school climate, characterized by a clear and fair disciplinary structure, is associated with a decrease in bullying. Novel result is the evidence for mediating mechanisms and the influence of teachers’ aggression on students’ behavior. Prevention programs designed to increase the fairness and consistency of school rules, eliminate bullying and humiliation from teachers, and decrease students’ moral disengagement may reduce violence and victimization at school. (shrink)

Photo ID 71252867© Stepan Popov| Dreamstime.com Abstract While Medical Assistance in Dying (MAiD) has been legalized in Canada since 2016, it still excludes eligibility for persons who have mental illness as a sole underlying medical condition. This temporary exclusion was set to expire on March 17th, 2024, but was set 3 years further back by the Government of Canada to March 17th, 2027. This paper presents a critical appraisal of the case of MAiD for individuals with mental illness as the (...) sole underlying medical condition through the analysis of three ethical theories: principlism, deontology, and utilitarianism. Through evidence and discussion, it will be demonstrated that MAiD, in this context, may be ethically justifiable on the grounds of upholding human rights, protecting dignity, and minimizing suffering. Introduction In June of 2016, Medical Assistance in Dying (MAiD) was legalized in Canada.[1] Throughout the first six years, a temporary exclusion of eligibility for persons suffering solely from mental illness was extended.[2] The exclusion of mental illness as a sole underlying medical condition was set to expire on March 17, 2024.[3] However, on February 1, 2024, just over a month before the set expiration, the Government of Canada once again extended the exclusion, this time setting it back three years to March 17, 2027. There are currently several countries that allow MAiD for mental illness, including Belgium, the Netherlands, and Luxembourg.[4] Some countries, like Spain,[5] do not give specific guidance, leaving the matter under discussion by ethicists and courts. In these countries, there are specific (although different) requirements for the process; overall, for mental illness, the illness must be verifiable and not simply related to a perception of satisfaction with the length of life. This extension ignited discussion on whether MAiD for persons who have mental illness as a sole underlying medical condition in Canada is ethically acceptable. As a complex, multi-faceted, and interdisciplinary issue, ethicists assessing MAiD must take into account various moral obligations and considerations. This paper analyses MAiD in this context through the application of three ethical theories: principlism, deontology, and utilitarianism. This paper concludes that, based on the current evidence and knowledge of this developing situation, MAiD for persons with mental illness in Canada may be ethically justified on the grounds of upholding human rights, labour obligations, and dignity. Through the exploration of research and discussions, it will be demonstrated that society at large ought to protect liberty and act towards relieving suffering, thereby supporting the potential eligibility of MAiD for persons who have mental illness. Principlism: The Capacity and Ability to Assess and Decide for One’s Own Life Principlism is the application of four principles: autonomy, beneficence, non-maleficence, and justice. Principlism supports permitting MAiD for mental illness due to the importance of autonomy in decision-making, equitable and just practices for MAiD assessors, and reducing suffering for patients and their family member(s) and/or friend(s). Carter v. Canada, the Canadian Supreme Court ruling of 2015—which changed Canadian law to allow for MAiD—held that the prohibition of MAiD infringed on Canadians’ right to “life, liberty, and the security of the person.” In a unanimous decision, the Supreme Court of Canada decided that the criminal prohibition of MAiD violates the Canadian Charter of Rights and Freedoms.[6] The Court concluded that the criminal law prohibiting MAiD interfered with people’s autonomy and dignity, which are protected by the rights of liberty and security of the person.[7] The ruling emphasized that Canada’s constitution reflects the fundamental importance of individual autonomy in personal decision-making. Research provides evidence that MAiD improves autonomy: A study among psychiatric patients found that 8 of 48 psychiatric patients said the mere option of accessing MAiD was enough to assess their future options for living wholly.[8] These findings complement a study entailing interviews with 30 adults who have mental illness, which emphasized that the ability to access MAiD allows individuals to analyze their quality of life, envision their desired future, and make decisions accordingly.[9] Although not all participants agreed that mental illness as the only underlying medical condition was appropriate for MAiD eligibility, many participants agreed that patient autonomy in decision-making was paramount and should be respected. However, autonomy as an ethical principle does not immediately grant all persons with mental illness the option to access MAiD. There are multiple eligibility criteria for those who wish to receive MAiD, which still must be approved and assessed. Currently, eligibility criteria for MAiD states that individuals must “give informed consent to receive MAiD, meaning that the person has consented to receiving MAiD after they have received all information needed to make this decision.”[10] Consent requires capability or capacity, which is the ability to understand relevant information, appreciate its potential consequences, and make an informed decision for oneself.[11] Like for many other diseases, disabilities, and conditions, patient capability is determined on a case-by-case basis.[12] Given the stigma surrounding those struggling with mental health, this thorough case-by-case examination of an individual patient’s capability and capacity without prejudice or partiality should lead to equitable and fair treatment. Without appropriate testing, those with mental illness could be wrongly stripped of their decision-making power. Arguments against MAiD for those with mental illness have raised concerns about the potential for individuals to harm themselves and others. A survey of MAiD providers demonstrated that physicians believed that the bereavement experience following MAiD is challenging and profoundly distinct and that bereavement support for all members involved should be required.[13] However, while watching one die (of MAiD) may cause harm to their families, friends, and support system at large, it is also important to recognize that watching someone suffer and struggle through their mental health journey also poses significant harm. Qualitative studies in Ontario, Canada, have interviewed family members of persons with mental illness as a sole medical condition, and interviewees shared that witnessing the illness and its impacts on their close one's lives was a very difficult experience.[14] As it relates to MAiD, participants emphasized that those living with mental illness are in the best position to understand their own pain and suffering and, in turn, make their own decisions about relief.[15] In an interview, a MAiD provider stated that MAiD may provide less suffering and more peace, and that, although it “depends on the family,... usually the family is more prepared and at peace.”[16] On the contrary, a person who has mental illness may perceive choosing MAiD as beneficial to their family member(s) and/or friend(s). Among those who died by MAiD in 2021, 35.7 percent reported that they perceived themselves as a burden on their family and friends.[17] While some authors report their concerns regarding such social burden as a potential driving factor for MAiD requests, others report that there are other additional burdens associated with requesting MAiD that may be financial, societal, and personal.[18] As such, the extension of MAiD eligibility to those with mental illness will likely only allow a small number of people to be granted MAiD.[19] Many others will be diverted to appropriate services and treatments. Patients’ decision to choose MAID noted their ability to make choices about their own care, reflecting the value of autonomy.[20] Although it is difficult to determine what is good for families in individual cases, MAiD presents an option that is both beneficent and non-maleficent. Therefore, these arguments satisfy the principles which do not necessarily conflict with MAiD. Deontology: The Duty to Recognize Vulnerability and Relieve Suffering The argument here begins with the fundamental focus of deontology—that moral duty lies in an action rather than in its consequences. Further discussion is required to analyze the impact of MAiD on healthcare workers. The Canadian Medical Association (CMA) Code of Ethics and Professionalism requires physicians to abide by virtues, commitments, and responsibilities in delivering health care and service.[21] The code states that “a compassionate physician recognizes suffering and vulnerability, … and alleviate[s] the patient’s suffering.”[22] In the context of MAiD for persons with mental illness as a sole underlying medical condition, vulnerabilities could be wide in range. Many Canadians are concerned with the interaction between mental health and other social determinants of health, such as the lack of medical, disability, financial, housing, and social support and resources.[23] As a result, another layer to the ethical issue arises: Does permitting MAiD for mental illness treat the symptoms of the issue rather than the root problem itself (social, economic, and systemic inequities)? Some argue against MAiD, stating that the nation should first focus on developing better quality care and service.[24] Others support MAiD as a potential harm reduction approach, given that most of these unjust conditions require a higher level of long-term structural and public policy overhaul.[25] The CMA Code also calls upon physicians to recognize and alleviate patients’ suffering. Some argue that while physicians and medical professionals do work to relieve suffering, they are trained to do so through a primary care-based diagnose-and-treat approach.[26] Studies that have captured Canadian physicians’ experiences providing MAiD report that, although physicians stated that the work was rewarding, it came with many challenges, including strained relationships with coworkers, increased workload, and inadequate compensation.[27] Physicians report that a part of the problem is that MAiD rules are written by lawyers and experts who are removed from its reality in medical practice. As a result, there is a lack of clarity surrounding practice norms and a lack of support for physicians.[28] Thus, while healthcare practitioners have a duty to relieve patients’ suffering, they should feel adequately trained and supported in doing so. If physicians and healthcare professionals recognize vulnerability and relieve suffering, then they should act accordingly, regardless of potential associations or outcomes. Making persons with mental illness eligible for MAiD ensures that treatment to relieve their suffering is available. However, it is imperative that there are sufficient resources and support available to healthcare professionals to ensure that they feel prepared and supported to provide MAiD, should they wish to do so. Utilitarianism: Minimizing Intolerable Suffering and Dying with Dignity Overall, utilitarianism is largely concerned with the greatest happiness principle—to increase the amount of happiness for the greatest number of people. So far, this paper has analyzed individual, family, and practitioner-based ethical considerations. But if MAiD were to be extended to those with mental illness as a singular underlying medical condition, what implications would this have for the world and society at large? There is a global drive toward authorizing organized ending of life, with an increasing number of countries legalizing MAiD.[29] The medical system is generally seen as a safe and appropriate system to carry out MAiD, especially when suicide and self-harm are regarded as “alternatives.” Yet despite these worldwide efforts, many argue through the theory of utilitarianism that the inability to see long-term consequences renders MAiD a premature solution, particularly for those who are unable or unwilling to seek other forms of potentially healing treatment or for those who may undergo MAiD only for a technological innovation or biomedical advancement to later come along as a potential cure.[30] While it is true that MAiD does not prevent these “premature deaths,” it is also true that it does not claim to.[31] MAiD provides an option to alleviate intolerable suffering. Some individuals with severe mental illness do describe their condition as intolerable suffering. MAiD is seen as an option to minimize suffering. It can also be seen as a way to die with dignity and relief.[32] While predicting outcomes is difficult, extending MAiD eligibility for persons experiencing mental illness does not undermine its ability to end suffering. It allows eligible individuals to take charge of their health, their life, and their future. Conclusion Based on the current evidence, allowing MAiD for persons with mental illness as their sole underlying medical condition presents as an ethically justifiable action. The right to self-determination and fair accessibility demonstrates that there is more harm done by prohibiting MAiD for mental illness than allowing it. Such liberty is a right, and in the context of relieving suffering, it is a duty that healthcare workers must uphold, although the ability to opt out of providing MAiD is well established. Thus, to recognize vulnerability and relieve suffering means to provide methods, such as MAiD, for those deeply impacted by mental illness. These justifications stand at both the individual level and for society at large. Nevertheless, it remains imperative to take an upstream approach that addresses the social determinants of health and aims to prevent mental illness and promote long-term, beneficial social change for those suffering, struggling, and vulnerable in our communities. - [1] Jaro Kotalik and David W. Shannon, Medical Assistance in Dying (MAID) in Canada Key Multidisciplinary Perspectives, 1st ed. 2023., The International Library of Bioethics, 104 (Cham: Springer International Publishing, 2023), https://doi.org/10.1007/978-3-031-30002-8. [2] Department of Justice Government of Canada, “Canada’s Medical Assistance in Dying (MAID) Law,” February 21, 2024, https://www.justice.gc.ca/eng/cj-jp/ad-am/bk-di.html. [3] Health Canada, “Final Report of the Expert Panel on MAiD and Mental Illness,” transparency - other, May 13, 2022, https://www.canada.ca/en/health-canada/corporate/about-health-canada/public-engagement/external-advi sory-bodies/expert-panel-maid-mental-illness/final-report-expert-panel-maid-mental-illness.html. [4] Federal Public Service (FPS) Health Belgium, “Federal Commission for the Control and Evaluation of Euthanasia,” n.d., https://consultativebodies.health.belgium.be/en/advisory-and-consultative-bodies/federal-commission-control-and-evaluation-euthanasia.; Government of Netherlands, “Is Euthanasia Allowed in the Netherlands?,” n.d., https://www.government.nl/topics/euthanasia/is-euthanasia-allowed.; “Information on Requesting Euthanasia or Assisted Suicide,” n.d., https://guichet.public.lu/en/citoyens/sante/fin-vie/euthanasie/euthanasie-assistance-suicide.html. [5] Luis Espericueta, First official report on euthanasia in Spain: A comparison with the Canadian and New Zealand experiences, Medicina Clínica (English Edition), Volume 161, Issue 10, 2023, Pages 445-447, ISSN 2387-0206, https://doi.org/10.1016/j.medcle.2023.06.021. [6] Government of Canada, “The Canadian Charter of Rights and Freedoms,” March 15, 2021, https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/. [7] Supreme Court of Canada, “Carter v. Canada,” Constitutional Law, 2015, https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14637/index.do.; Kotalik and Shannon, Medical Assistance in Dying (MAID) in Canada Key Multidisciplinary Perspectives. [8] Karandeep Sonu Gaind, “What Does ‘Irremediability’ in Mental Illness Mean?,” Canadian Journal of Psychiatry. Revue Canadienne de Psychiatrie 65, no. 9 (September 2020): 604–6, https://doi.org/10.1177/0706743720928656; Lieve Thienpont et al., “Euthanasia Requests, Procedures and Outcomes for 100 Belgian Patients Suffering from Psychiatric Disorders: A Retrospective, Descriptive Study,” BMJ Open 5, no. 7 (July 27, 2015): e007454, https://doi.org/10.1136/bmjopen-2014-007454. [9] Hamer Bastidas-Bilbao et al., “Walking Alongside: Views of Family Members on Medical Assistance in Dying for Mental Illness as the Sole Underlying Medical Condition,” Qualitative Health Research 33 (September 29, 2023), https://doi.org/10.1177/10497323231197365. [10] Government of Canada, “Canada’s Medical Assistance in Dying (MAID) Law.” [11] Commission sur les soins de fin de vie, “Les conditions de l’admissibilité à l’aide médicale à mourir au Québec: la constance dans l’évolution de la loi concernant les soins de fin de vie,” June 9, 2023, https://csfv.gouv.qc.ca/ fileadmin/docs/autres_rapports/csfv_lcsfv_conditions_ amm_2023-06-29.pdf.; Trudo Lemmens, “When Death Becomes Therapy: Canada’s Troubling Normalization of Health Care Provider Ending of Life,” The American Journal of Bioethics 23, no. 11 (November 2, 2023): 79–84, https://doi.org/10.1080/15265161.2023.2265265. [12] Justine Dembo, Udo Schuklenk, and Jonathan Reggler, “‘For Their Own Good’: A Response to Popular Arguments Against Permitting Medical Assistance in Dying (MAID) Where Mental Illness Is the Sole Underlying Condition,” Canadian Journal of Psychiatry. Revue Canadienne De Psychiatrie 63, no. 7 (July 2018): 451–56, https://doi.org/10.1177/0706743718766055. [13] Konia Trouton et al., “Attitudes and Expectations Regarding Bereavement Support for Patients, Family Members, and Friends: Findings from a Survey of MAID Providers,” British Columbia Medical Journal 62, no. 1 (2020). [14] Bastidas-Bilbao et al., “Walking Alongside.” [15] Bastidas-Bilbao et al. [16] Trouton et al., “Attitudes and Expectations Regarding Bereavement Support for Patients, Family Members, and Friends: Findings from a Survey of MAID Providers,” 2020. [17] Ramona Coelho et al., “The Realities of Medical Assistance in Dying in Canada,” Palliative & Supportive Care 21, no. 5 (October 2023): 871–78, https://doi.org/10.1017/S1478951523001025; Health Canada, “Third Annual Report on Medical Assistance in Dying in Canada 2021,” report on plans and priorities;transparency - other, July 26, 2022, https://www.canada.ca/en/health-canada/services/publications/health-system-services/annual-report-me dical-assistance-dying-2021.html; Lemmens, “When Death Becomes Therapy.” [18] Coelho et al., “The Realities of Medical Assistance in Dying in Canada,” October 2023.; Bastidas-Bilbao et al., “Walking Alongside.” [19] Olivia Stefanovich, “Opposition Parties Call for Indefinite Pause to MAID Expansion for Mental Illness | CBC News,” Canadian Broadcasting Corporation, January 28, 2024, https://www.cbc.ca/news/politics/special-joint-committee-maid-mental-illness-report-1.7095679; Benjamin Lopez Steven, “Number of Assisted Deaths Jumped More than 30 per Cent in 2022, Report Says | CBC News,” Canadian Broadcasting Corporation, October 27, 2023, https://www.cbc.ca/news/politics/maid-canada-report-2022-1.7009704. [20] Hamer Bastidas-Bilbao et al., “Searching for Relief from Suffering: A Patient-Oriented Qualitative Study on Medical Assistance in Dying for Mental Illness as the Sole Underlying Medical Condition,” Social Science & Medicine 331 (August 1, 2023): 116075, https://doi.org/10.1016/j.socscimed.2023.116075. [21] Canadian Medical Association, “Canadian Medical Association Code of Ethics and Professionalism” (Canada: Canadian Medical Association, December 8, 2018), https://policybase.cma.ca/link/policy13937. [22] Canadian Medical Association. [23] Coelho et al., “The Realities of Medical Assistance in Dying in Canada,” October 2023; Stefanovich, “Opposition Parties Call for Indefinite Pause to MAID Expansion for Mental Illness | CBC News.” [24] John Paul Tasker, “Liberal Government Promoting a ‘culture of Death’ with Medical Assistance in Dying Law, Conservative MP Says | CBC News,” Canadian Broadcasting Corporation, March 6, 2023, https://www.cbc.ca/news/politics/culture-of-death-medical-assistance-in-dying-mental-illness-1.67695 04. [25] Coelho et al., “The Realities of Medical Assistance in Dying in Canada,” October 2023; Kayla Wiebe and Amy Mullin, “Choosing Death in Unjust Conditions: Hope, Autonomy and Harm Reduction,” Journal of Medical Ethics, April 26, 2023, https://doi.org/10.1136/jme-2022-108871. [26] Ramona Coelho et al., “The Realities of Medical Assistance in Dying in Canada,” Palliative & Supportive Care 21, no. 5 (October 2023): 871–78, https://doi.org/10.1017/S1478951523001025. [27] Konia Trouton et al., “Attitudes and Expectations Regarding Bereavement Support for Patients, Family Members, and Friends: Findings from a Survey of MAID Providers,” British Columbia Medical Journal 62, no. 1 (2020), https://bcmj.org/articles/attitudes-and-expectations-regarding-bereavement-support-patients-family-m embers-and.; William Robert Nielsen, “MAiD in Canada: Ethical Considerations in Medical Assistance in Dying,” Canadian Journal of Bioethics 4, no. 2 (December 9, 2021): 93–98, https://doi.org/10.7202/1084456ar. [28] Coelho et al., “The Realities of Medical Assistance in Dying in Canada,” October 2023. [29] Lemmens, “When Death Becomes Therapy.” [30] William Robert Nielsen, “MAiD in Canada: Ethical Considerations in Medical Assistance in Dying,” Canadian Journal of Bioethics 4, no. 2 (December 1, 2021): 93–98, https://doi.org/10.7202/1084456ar. [31] Steven, “Number of Assisted Deaths Jumped More than 30 per Cent in 2022, Report Says | CBC News.” [32] A. Plaisance et al., “Quebec Population Highly Supportive of Extending Medical Aid in Dying to Incapacitated Persons and People Suffering Only from a Mental Illness: Content Analysis of Attitudes and Representations,” Ethics, Medicine and Public Health 21 (April 1, 2022): 100759, https://doi.org/10.1016/j.jemep.2022.100759. (shrink)

Journalism educators who appear as expert witnesses and consultants in media law cases such as libel and invasion of privacy are often unfamiliar with the practical aspects of serving as an eflective, efficient, and ethical expert. These practical dimensions include federal and state rules of evidence and civil procedure, the process of deciding whether or not to accept a case, negotiations over fees and employment conditions, ethical conflicts associated with representation, the litigation process, and post-trial issues. It (...) is unusual, especially in media law cases, for an expert's testimony to make or break a case, but a client has a right to expect aggressive and rigorous representation and ready accessibilityfrom the expert. The challenge facing the journalism educator who serves as an expert witness is balancing those demands with the responsibilities of being a professor while avoiding conflicts of interest. (shrink)

In this paper, I aim to explicate the distinction between ‘unconditional relevance’ and ‘conditional relevance’ as those terms and related concepts are applied in the context of admissibility determinations in modern trials. I take the U.S. Federal Rules of Evidence to be my model in analyzing these concepts, though on my view any reasonable approach to legal evidence will have to distinguish between these concepts and make appropriate provisions for their separate treatment. I begin by explaining (...) how the Federal Rules define and apply the concepts of relevance and conditional relevance, and I present an influential argument due to Vaughn Ball that threatens to undermine the distinction between the two concepts. I then argue that Ball's argument fails and I diagnose that failure. However, building on some insights from a variety of evidence scholars, I argue that the approach to conditional relevance adopted by the Federal Rules is crucially flawed for reasons entirely independent of the ones raised by Ball's argument. I identify the main constraints that, on my view, any reasonable approach to conditional admissibility must obey, and I argue for a specific proposal that obeys those constraints. On my positive view, two pieces of evidence should be admitted under a Conditional Admissibility Principle only when each piece of evidence would survive ordinary admissibility scrutiny, conditional on the admission of the other one. I conclude by considering the question of whether it should also be necessary for the two pieces of evidence to survive admissibility scrutiny together, as an ‘evidential package’; I argue that, though the issue may arise infrequently in practice, there is good reason to impose this additional requirement. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Drinking Rules! Byron and BaudelaireJoshua Wilner (bio)This essay 1 takes up two nineteenth-century texts on the theme of intoxication in which the poetic word can no longer, if it ever could, stably figure itself as the metaphoric other of the drug, that is, as a legitimate means of imaginative transport, and in which the writer’s enthrallment by the transporting substance of words shows us its addictive and, one (...) might say, prosaic face.The first of these pieces is a pair of stanzas from Canto II of Byron’s Don Juan, the other, Baudelaire’s brief prose poem “Enivrez-vous,” pieces that Jean Pommier [341] and, following Pommier, Robert Kopp [314–15] have suggested may be connected, though neither reader enters into much more detail than to note that both bits of writing, in Kopp’s words, “chant[e] l’ivresse.” Now the praise of drunkenness is of course a poetic commonplace, and the mere fact of its appearance in these two bits of text argues about as intimate a bond of kinship as that involved in pointing out that you and I are both Noah’s children. But there are, I would argue, compelling reasons for looking at these pieces in relation to one another and to which I believe Pommier was responding.That Byron mattered to Baudelaire is attested to by a number of references scattered throughout the latter’s work and letters, references which, while faulting Byron for garrulousness, praise him for having the thing that makes poets: “une diabolique personnalité” [OC 2: 232]. Perhaps the most interesting of these references occurs in a well-known letter that Baudelaire wrote to his mother in July 1857, shortly after Les fleurs du mal had been published and while the storm of controversy that was to culminate in the prosecution and expurgation of the collection for obscenity was rapidly gathering:On me refuse tout, l’esprit d’invention et même la connaissance de la langue française. Je me moque de tous ces imbéciles, et je sais que ce volume, avec ses qualités et ses défauts, fera son chemin dans la mémoire du public lettré, à côté des meilleurs poésies de V. Hugo, de Th. Gautier et même de Byron.[CP 1: 411][They deny me everything, the spirit of invention and even knowledge of the French language. I could care less about all these imbeciles, and I know that this volume, with its qualities and its faults, will make its way in the memory of the [End Page 34] lettered public, along with the best poetry of V. Hugo, of Th. Gautier, and even of Byron.]The pride of place Baudelaire reserves for Byron in this list was somewhat dated even in its time 2 and odd in other ways, especially given the more qualified expressions of admiration we meet elsewhere in his writings. But it becomes more understandable if one considers that for Baudelaire’s mother, who was of Byron’s generation and had early ties to England 3 (in fact, she apparently taught Charles English during his childhood [E. Crépet 30], making it, strangely enough, part of his “mother tongue”), Byron’s would have been the emblematic case of a writer for whom a reputation for depravity was overtaken by poetic honor, perhaps at the cost of his death in a noble cause.Apart from this evidence of a felt affinity, there are specific formal grounds for associating the two pieces. Since they are fairly brief, allow me first of all to cite them both. Here are the stanzas from Canto II of Don Juan: 179 Man, being reasonable, must get drunk; The best of life is but intoxication: Glory, the grape, love, gold, in these are sunk The hopes of all men, and of every nation; Without their sap, how branchless were the trunk Of life’s strange tree, so fruitful on occasion! But to return, - Get very drunk; and when You wake with head-ache, you shall see what then. 180 Ring for your valet - bid him quickly bring Some hock and soda-water, then you’ll know A pleasure worthy Xerxes the... (shrink)

In this essay, we suggest practical ways to shift the framing of crisis standards of care toward disability justice. We elaborate on the vision statement provided in the 2010 Institute of Medicine (National Academy of Medicine) “Summary of Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations,” which emphasizes fairness; equitable processes; community and provider engagement, education, and communication; and the rule of law. We argue that interpreting these elements through disability justice entails a commitment to both (...) distributive and recognitive justice. The disability rights movement's demand “Nothing about us, without us” requires substantive inclusion of disabled people in decision‐making related to their interests, including in crisis planning before, during, and after a pandemic like Covid‐19. (shrink)

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)

Recent scholarship on John Stuart Mill’s moral theory has settled on the view that he is committed to a form of rule utilitarianism. I argue that this consensus is mistaken. Mill’s explicit account of practical rules is incompatible with rule utilitarianism but consistent with sophisticated act utilitarianism. I also examine the direct, textual evidence cited by rule utilitarian interpreters, arguing that it is consistent with the act utilitarian account of practical rules. Finally, I argue that two systematic (...) considerations cited by rule utilitarian interpreters—Mill’s analysis of “wrong” in terms of the appropriateness of punishment, and his account of supererogation—also do not require a rule utilitarian reading. (shrink)

The revised Common Rule includes a new option for the conduct of secondary research with identifiable data and biospecimens: regulatory broad consent. Motivated by concerns regarding autonomy and trust in the research enterprise, regulators had initially proposed broad consent in a manner that would have rendered it the exclusive approach to secondary research with all biospecimens, regardless of identifiability. Based on public comments from both researchers and patients concerned that this approach would hinder important medical advances, however, regulators decided to (...) largely preserve the status quo approach to secondary research with biospecimens and data. The Final Rule therefore allows such research to proceed without specific informed consent in a number of circumstances, but it also offers regulatory broad consent as a new, optional pathway for secondary research with identifiable data and biospecimens. In this article, we describe the parameters of regulatory broad consent under the new rule, explain why researchers and research institutions are unlikely to utilize it, outline recommendations for regulatory broad consent issued by the Secretary's Advisory Committee on Human Research Protections, and sketch an empirical research agenda for the sorts of questions about regulatory broad consent that remain to be answered as the research community embarks on Final Rule implementation. (shrink)

Over the past three decades, two separate federal regulatory structures have emerged, each seeking to assure separate aspects of the integrity and ethics of research conducted using federal funding. One set of regulations is described in the Public Health Service Policies on Research Misconduct and relates to research misconduct, defined as consisting of fabrication of data or results, falsification of data and results, or plagiarism, in accordance with the federal‐wide definition adopted by the Office of Science and (...) Technology Policy. The second set of regulations, set forth in the Department of Health and Human Services regulations on the protection of human subjects (known as the “Common Rule”), prescribes a set of ethical and procedural protections for research involving human subjects.These two sets of research regulations are distinguished from each other by having different foci of enforcement, priorities of protection, oversight officials, oversight procedures, seizure of evidence, standards of proof, expectations of privacy, and appeal procedures for researchers who are subject to adverse findings and penalties. These differences are significant and fundamental. They complicate the process of compliance for institutions and researchers, who are expected to adhere to both sets of standards for the same federally funded research activities in research with human subjects. Compliance is especially complicated when suspected violations of both sets of standards must be investigated and resolved concurrently. This document represents an effort to provide institutions and individuals with practical suggestions as they try to comply with both sets of regulations. (shrink)

Are federal prosecutions of non-federal officials for corruption likely to improve non-federal government? This essay suggests that such prosecutions can undermine the distinctive style of democracy at the state and local level, an effect that can be harmful to democracy in America overall. This conclusion rests on a larger argument about the different nature of federal and non-federal democracy in the United States. To insure that each official maintains impartial loyalty to values defined by a (...) single, popularly accountable policymaker, the federal system of bureaucratic populism strictly separates the officials’ public and private interests, through various devices such as civil service protection for executive officials, Article III life tenure, and fixed salary for federal judges, specialized training for federal officers, and conflict-of-interest rules that bar federal officers from acting when their judgment could be compromised by private interests. By contrast, participatory populism rejects this separation of the public and private spheres, instead mixing professional and lay decision-making by using thousands of part-time, under-paid executive and legislative officers who are expected to have substantial private interests in the communities that they represent. The essay argues that each style of democracy has mutually exclusive advantages and disadvantages. However, enforcement of federal anticorruption law against non-federal democracies can undermine their system of mingled private and public interests, reducing the degree to which such governments can provide laypersons with opportunities for political activity. As an illustration of the overextension of federal criminal law, I examine the First Circuit’s interpretation of 18 U.S.C. §§ 1341 and 1346, the federal mail fraud statute in United States v. Sawyer. Sawyer comes dangerously close to declaring that any undisclosed state or local officer’s conflict of interest constitutes a violation of § 1346 when it involves the U.S. mails. I argue that this view of § 1346 is an error. Participatory populism requires that private and public tasks be closely mingled in ways that bureaucratic populism forbids. Undoubtedly, this mixture of public and private creates a risk that public office will be used for private gain. However, it also avoids some of the bureaucratic sclerosis and lack of lay participation that can be endemic to the more centralized federal tradition. In conclusion, I suggest that federal prosecutors ought to content themselves with using § 1346 to enforce already-existing state criminal conflict-of-interest rules, for the sake of preserving a place in our federal regime for participatory populism. (shrink)

Why can testimony alone be enough for findings of liability? Why statistical evidence alone can’t? These questions underpin the “Proof Paradox” (Redmayne 2008, Enoch et al. 2012). Many epistemologists have attempted to explain this paradox from a purely epistemic perspective. I call it the “Epistemic Project”. In this paper, I take a step back from this recent trend. Stemming from considerations about the nature and role of standards of proof, I define three requirements that any successful account in line (...) with the Epistemic Project should meet. I then consider three recent epistemic accounts on which the standard is met when the evidence rules out modal risk (Pritchard 2018), normic risk (Ebert et al. 2020), or relevant alternatives (Gardiner 2019 2020). I argue that none of these accounts meets all the requirements. Finally, I offer reasons to be pessimistic about the prospects of having a successful epistemic explanation of the paradox. I suggest the discussion on the proof paradox would benefit from undergoing a ‘value-turn’. (shrink)

Several countries maintain universal health coverage, which implies responsibility to organize delivery formats of healthcare services and products for citizens. In Brazil, the health system has a principle of universal access for more than 30 years, but many deficiencies remain and the country observes a day practice for those seeking judicial decisions to determine provision of healthcare.

Polarization in Western democracies and the collapse of centrally planned economies have led to calls for a redefinition of the state's core functions. This volume explores shifting conceptions of constitutional political economy anchoring the state from the viewpoints of theory, systems, and applications. It suggests why changes may be desirable and how these might be implemented. Part I addresses the writing of constitutions, the dynamic between constitutional order and civil society, the struggle between competitive and protectionist interests, the conflict between (...) protecting expectations and moral evolution, and the role of cultural explanations of constitutional development patterns. Part II explores the interplay between electoral systems and constitutional engineering, the internal costs of political coalitions, and campaigns in pluralistic elections. Part III investigates the quest for stable, dynamic federal states with particular attention to opportunities and pitfalls in Europe. With a foreword and contributions from Nobel Laureate James M. Buchanan. (shrink)

It is commonly thought that moral rules and principles, such as ‘Keep your promises,’ ‘Respect autonomy,’ and ‘Distribute goods according to need ,’ should play an essential role in our moral deliberation. Particularists have challenged this view by arguing that principled guidance leads us to engage in worse decision making because principled guidance is too rigid and it leads individuals to neglect or distort relevant details. However, when we examine empirical literature on the use of rules and principles (...) in other domains, we find that people can learn to use rules discriminately and that rule-based models tend to outperform even expert judgment. I argue that this evidence poses a problem for the moral particularist. If the particularist claims that we should not rely on decision-making rules when making practical decisions and it turns out that these rules help us make better decisions, then the particularists’ prescriptive account is deficient. However, if the particularist claims that we should rely on practical decision-making rules but not on moral rules, she needs to explain how practical rules are different from moral rules and why we should rely on the former but not the latter. (shrink)

According to a very natural picture of rational belief, we aim to believe only what is true. However, as Bernard Williams used to say, the world does not just inscribe itself onto our minds. Rather, we have to try to figure out what is true from the evidence available to us. To do this, we rely on a set of epistemic rules that tell us in some general way what it would be most rational to believe under various (...) epistemic circumstances. We reason about what to believe; and we do so by relying on a set of rules.... (shrink)

This experiment investigated the use of positive and negative hypothesis and target tests by groups in an adaptation of the 2-4-6 Wason task. The experimental variables were range of rule (small vs large), amount of evidence (low vs high), and trial block (1 vs 2). The results were in accordance with Klayman and Ha's (1987) analysis of base rate probabilities of falsification and with additional theoretical considerations. Base rate probabilities were more descriptive of participants' behaviour in target than in (...) hypothesis tests, under low than under high amount of evidence, and at the beginning of the process than at its end. The percentage of positive tests was higher under small than large range of rule. More falsifications than verifications resulted from hypothesis tests than would be expected by a random process. When evidence is richly available, the relative importance of falsification seems to decrease. An analysis of the group compositions before and after group discussion by the PCD model (Crott, Werner, & Hoffmann, 1996) revealed that the normative weight was approximately twice as large as the informational. Groups produced fewer false answers than their members individually. (shrink)

Knowledge must be grounded in evidence in accordance with epistemological principles. This monograph distinguishes two kinds of principle: rules of evidence and rules of justification. -/- Rules of evidence, such the canons of inductive and deductive logic, specify what sort of evidence is relevant to what sort of conclusion. Rules of justification specify what a person's cognitive state must be if he is to be justified in accepting a conclusion. This distinction makes (...) it possible to explain how our knowledge can be fully justified all the way down to its foundations in perception. (shrink)

This commentary points out some theoretical lacuna in the argument and then evaluates, in a preliminary way, its main comparative empirical hypotheses. It finds very limited support for the observable implications of the evolutionary theory. By contrast, the historical remoteness of foundational myths is closely associated with how long a society has been ruled by a centralized state, pointing at the important role of political history.

When people learn normative systems, they do so based on limited evidence. Many of the possible actions that are available to an agent have never been explicitly permitted or prohibited. But people will often need to figure out whether those unspecified actions are permitted or prohibited. How does a learner resolve this incompleteness? The learner might assume if an action-type is not expressly forbidden, then acts of that type are permitted. This closure principle is one of Liberty. Alternatively, the (...) learner might assume that if an action-type is not expressly permitted, then acts of that type are prohibited. This closure principle would be one of Residual Prohibition (Mikhail, 2011). On the basis of principles of pedagogical sampling (e.g., Shafto, Goodman, & Griffiths, 2014), we predicted that participants would infer the Liberty Principle (LP) when trained on prohibitions, and they would infer the Residual Prohibition Principle when trained on permissions. This is exactly what we found across several experiments. We also found a bias in favor of Liberty insofar as participants trained on both a prohibition and a permission rule tended still to infer the LP. However, we also found that if an action is potentially harmful, this diminishes the tendency to infer the LP. (shrink)

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror (...) bias, admitting universal admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

Defeasible rules are said to allow for the following two-staged sequence, viz., that p → q and yet p & r → not-q. This is puzzling because in the logic of conditionals the sufficiency of p for q cannot normally be undermined if one adds to the antecedent a further proposition r. Critics argue that the better approach to comprehending defeasibility is explicitly to represent the limiting factor r in a single-stage articulation of the rule, viz., as p & (...) not-r → q. This is a more complete statement of the rule; where the old rule announced, confidently and without qualification, that in circumstances or class of cases p consequence q follows, the new rule admits from the outset that q only follows if we add the qualifier that limits the antecedent circumstances to the smaller class of cases p & not-r. This is not only more complete, the critics argue, it is also a more accurate or truthful statement of the rule. The rule p → q, articulated at the first stage of the defeasible process, is only a pretender encountered along the way to this more complete truth. In this paper I show how, and why, contrary to the critics, the process of private law adjudication supports the multi-staged structure and representation of defeasible legal rules. What matters when one party makes a claim against another party is not so much that the claim is true (or even that it is advanced as a legitimate claim under the rule that is most likely to be true), but rather that the claim is of the sort that the party can justifiably say is true. The latter, at least, is what carries the plaintiff past the initial burden of proof, and what calls for the defendant to reply if the plaintiff is not to carry the day. I illustrate the argument by way of the court’s reluctance in a tort case to entertain a purely statistical basis for a plaintiff’s claim that the defendant has caused her injury. Rather, the court will insist on direct evidence that appears to arise out of the particular circumstances of the case as the plaintiff alleges them to be, and even if, as a purely statistical matter, the latter sort of claim is less likely to be true than the claim grounded in pure statistical likelihood. I relate this argument for defeasible rules (and against rules that are more truthful) to some important arguments offered by the philosopher Stephen Darwall in his recent book The Second Person Viewpoint. Private law’s defeasible rules, I argue, capture the special respect (and interpersonal accountability) that attaches only to rights arising out of “second personal” claiming (and counterclaiming) and which are not realizable merely as a matter of “third personal” (moral) truth. (shrink)

This book examines two questions: Do people make use of abstract rules such as logical and statistical rules when making inferences in everyday life? Can such abstract rules be changed by training? Contrary to the spirit of reductionist theories from behaviorism to connectionism, there is ample evidence that people do make use of abstract rules of inference -- including rules of logic, statistics, causal deduction, and cost-benefit analysis. Such rules, moreover, are easily alterable (...) by instruction as it occurs in classrooms and in brief laboratory training sessions. The fact that purely formal training can alter them and that those taught in one content domain can "escape" to a quite different domain for which they are also highly applicable shows that the rules are highly abstract. The major implication for cognitive science is that people are capable of operating with abstract rules even for concrete, mundane tasks; therefore, any realistic model of human inferential capacity must reflect this fact. The major implication for education is that people can be far more broadly influenced by training than is generally supposed. At high levels of formality and abstraction, relatively brief training can alter the nature of problem-solving for an infinite number of content domains. (shrink)

This paper argues that the provider conscience regulation recently put into place in the USA is misguided. The rule is too broad in the scope of protection it affords, and its conception of what constitutes assistance in the performance of an objectionable procedure reveals that it is unworkable in practice. Furthermore, the regulation wrongly treats refusal of other reproductive services as on a par with conscientious objection to participation in abortion. Finally, the rule allows providers to refuse even to discuss (...) “objectionable” options with patients and serves to protect discriminatory refusals of medical care. For all of these reasons, this regulation is unwise. (shrink)

Emergency medicine research requires the enrollment of subjects with varying decision-making capacities, including capable adults, adults incapacitated by illness or injury, and children. These different categories of subjects are protected by multiple federal regulations. These include the federal Common Rule, the Department of Health and Human Services (DHHS) regulations for pediatric research, and the Food and Drug Administration's (FDA) Final Rule for the Exception from the Requirements of Informed Consent in Emergency Situations. Investigators should be familiar with the (...) relevant federal research regulations to optimally protect vulnerable research subjects, and to facilitate the institutional review board (IRB) review process. IRB members face particular challenges in reviewing emergency research. No regulations exist for research enrolling incapacitated subjects using proxy consent. The wording of the Final Rule may not optimally protect vulnerable subjects. It is also difficult to apply conflicting regulations to a single study that enrolls subjects with differing decision-making capacities. This article is intended as a guide for emergency researchers and IRB members who review emergency research. It reviews the elements of Federal Regulations that apply to consent, subject selection, privacy protection, and the analysis of risks and benefits in all emergency research. It explores the challenges for IRB review listed above, and offers potential solutions to these problems. (shrink)

A part les contraintes imposées aux décisions publiques par 1a mobilité, l’analyse reçue des choix publics postule que le processus politique fonctionne essentiellement de la même façon en régime fédéral qu’en régime unitaire. Il s’avère cependant qu’il existe une dimension du processus politique en régime fédéral qui se prête spécifiquement à l’analyse économique, nommément le fait que, là où les fonctions se recoupent dans un même territoire, il se trouve deux niveaux de gouvernement qui se concurrencent dans l’offre des mêmes (...) services à un même groupe de votants. Si alors on définit les votes comme des inputs dans la production d’outputs politiques, on se trouve en situation de concurrence par deux offreurs ou plus visà- vis d’une même ressource placée en propriété commune. On peut supposer que l’analyse conventionnelle de l’allocation des ressources en régime de propriété commune puisse jeter un éclairage sur l’aboutissement du processus politique fédéral. Dans ces conditions, il y va de l’intérêt de chacun des deux offreurs de chercher à s’attirer les votes et donc d’être le premier à offrir l’output politique en question. En l’absence de droits exclusifs sur le bassin de votes, le chevauchement amène les deux joueurs à vouloir réaliser le profit politique, de crainte de le perdre à l’avantage de l’autre partie. Et pourtant, le profit s’en trouvera ultimement dissipé ex post pour les deux parties après l’avènement du deuxième joueur. On découvre ainsi que les forces mises en branle dans un régime fédéral type sont de deux ordres : une force restrictionniste d’abord, fondée sur la mobilité des ressources entre les entités décentralisées, et une force expansionniste liée à la dynamique politique étudiée dans ces lignes. Ce résultat peut expliquer pourquoi le dossier empirique reste ambigu sur la contribution du fédéralisme au freinage de la croissance du secteur public. Les conséquences de ce processus sont dégagées et les avenues possibles de solution explorées.Except for the mobility constraints imposed on political decisions of lowerlevel governments, public choice analysts assume that the working of the political process under federalism remains the same at all levels of government as under unitary state. This paper argues that one dimension of the political process in a federalist framework lends itself to specific economic analysis, namely the fact that, once constitutional limits break down and functions overlap, two or more levels of government compete for the same voters in the supply of services in a given territory.Viewing votes as inputs in the production of political outputs, the conventional analysis of allocation under cnmmon-property rule should shed light on the outcome of this process. The analysis shows that it is in the interest of both suppliers to seek to gain the votes in being first to implement programs.There are thus two forces operating in a typical federalist system, an expansionist one rooted in the political dynamics analyzed here, and a restrictionist one based on the mobility of resources among decentralized entities. This may explain why the empirical record is rather mixed on the contribution of federalism to containing government growth. The consequences of this process are derived and possible avenues for improvement are explored. (shrink)

Our paper aims to investigate inference rules for Nelson’s logics and to discuss possible ways to determine admissibility of inference rules in such logics. We will use the technique offered originally for intuitionistic logic and paraconsistent minimal Johannson’s logic. However, the adaptation is not an easy and evident task since Nelson’s logics do not enjoy replacement of equivalences rule. Therefore we consider and compare standard admissibility and weak admissibility. Our paper founds algorithms for recognizing weak admissibility and admissibility (...) itself – for restricted cases, to show the problems arising in the course of study. (shrink)

Plausibly, you should believe what your total evidence supports. But cases of misleading higher-order evidence—evidence about what your evidence supports—present a challenge to this thought. In such cases, taking both first-order and higher-order evidence at face value leads to a seemingly irrational incoherence between one’s first-order and higher-order attitudes: you will believe P, but also believe that your evidence doesn’t support P. To avoid sanctioning tension between epistemic levels, some authors have abandoned the thought (...) that both first-order and higher-order evidence have rational bearing. This sacrifice is both costly and unnecessary. We propose a principle, Evidential Calibration, which requires rational agents to accommodate first-order evidence correctly, while allowing rational uncertainty about what to believe. At the same time, it rules out irrational tensions between epistemic levels. We show that while there are serious problems for some views on which we can rationally believe, “P, but my evidence doesn’t support P”, Evidential Calibration avoids these problems. An important upshot of our discussion is a new way to think about the relationship between epistemic levels: why first-order and higher-order attitudes should generally be aligned, and why it is sometimes—though not always—problematic when they diverge. (shrink)

Is it wrong to torture prisoners of war for fun? Is it wrong to yank on someone’s hair with no provocation? Is it wrong to push an innocent person in front of a train in order to save five innocent people tied to the tracks? If you are like most people, you answered "yes" to each of these questions. A venerable account of human moral judgment, influential in both philosophy and psychology, holds that these judgments are underpinned by internally represented (...) principles or rules and reasoning about whether particular cases fall under those rules. Recently, this view has come under sustained attack from multiple quarters, and now looks to be in danger of being discarded. In this chapter we consider this evidence, and find that it does not support the elimination of rules from moral psychology. (shrink)

Ethics and epistemology in medicine are more closely and more interestingly intertwined than is usually recognized. To explore this relationship, I present a case study, clinical trials of extracorporeal membrane oxygenation (ECMO; an intervention for persistent pulmonary hypertension of the newborn).Three separate ethical issues that arise from this case study-whether or not it is ethical to perform a certain trial at all, whether stopping rules for trials are ethically mandated, and the issue of informed consent-are all shown to be (...) intimately related to epistemological judgments about the weight of evidence. Although ethical issues cannot, of course, be resolved by consideration of epistemological findings, I argue that no informed view of the ethical issues that are raised can be adopted without first taking an informed view of the evidential-epistemological ones. (shrink)

On January 18, 2011, President Obama signed Executive Order 13563, Improving Regulation and Regulatory Review, which instructs federal regulators to do the following: coordinate their agencies activities to simplify and harmonize rules that may be overlapping, inconsistent, or redundant; determine whether the present and future benefits of a proposed regulation justify its potential costs (including taking into account both quantitative and qualitative factors); increase participation of industry, experts, and the public (“stakeholders”) in the formal rule‐making process; encourage the (...) use of warnings, default rules, disclosure requirements, and provisions of information to the public as an alternative to traditional “command‐and‐control” rule‐making restricting consumer choice; and mandate a government‐wide review of all existing administrative rules to remove outdated regulations. Executive Order 13563 includes a qualitative “values” provision to be considered in the required cost–benefit analysis, which can potentially counteract the alleged regulatory reform rationale of President Obama. Furthermore, in Executive Order 13563, President Obama established a deadline of May 18, 2011, for all executive branch agencies to submit their plans to streamline their rulemaking operations and repeal those “overlapping, inconsistent, or redundant” rules. These two issues, along with complementary regulatory review proposals being discussed in the U.S. Congress, are evaluated in this essay. (shrink)

Institutions are often regarded either as rules or as equilibria sustained by self-interested agents. I ask how these two theories can be combined. According to Philip Pettit’s _Virtual Control Theory_, they explain different things: rules explain why regularities persist; self-interest why they are resilient. Thus, his theory reconciles the two theories by adjusting their domains of application. However, the available evidence suggests that rules and self-interest often combine as sources of motivation. Because of this, it is (...) better to integrate the theories rather than to reconcile them. Inspired by Cristina Bicchieri’s theory of social norms, I incorporate the notion of rule-following into a game-theoretic account of institutions. According to the resulting _Rules-and-Equilibrium Theory_, institutions are rule- or norm-governed social practices. The theory does not only explain their persistence and resilience, but also their fragility, which provides another reason for preferring the proposed integration to Pettit’s reconciliation. (shrink)

Recent work proclaims a dominant role for automatic, intuitive, and emotional processes in producing ordinary moral judgment, despite the fact that we have little direct evidence about moral judgment “in the wild.” Indirect support comes via an assumption of dual-process theory: that conscious, reasoning processes are resource intensive. We argue that reasoning that employs consciously available moral rules undermines this assumption, but this has not been appreciated because of a failure to distinguish between explanation and justification. We conclude (...) that it remains unclear what sorts of cognitive processes are dominant in ordinary moral judgments. (shrink)

Sometimes you are unreliable at fulfilling your doxastic plans: for example, if you plan to be fully confident in all truths, probably you will end up being fully confident in some falsehoods by mistake. In some cases, there is information that plays the classical role of evidence—your beliefs are perfectly discriminating with respect to some possible facts about the world—and there is a standard expected‐accuracy‐based justification for planning to conditionalize on this evidence. This planning‐oriented justification extends to some (...) cases where you do not have transparent evidence, in the sense that your beliefs are not perfectly discriminating with respect to any non‐trivial facts. In other cases, accuracy considerations do not tell you to plan to conditionalize on any information at all, but rather to plan to follow a different updating rule. Even in the absence of evidence, accuracy considerations can guide your doxastic plan. (shrink)

Several items in this issue of the Hastings Center Report try to fill gaps or resolve uncertainties in the regulatory systems that govern research on human subjects. The biggest of these items is a special report, published as a supplement to the issue, that considers a long‐running and vexing regulatory problem: the uncertain relationship between the two sets of federal regulations for research. The goal of the report is to provide guidance.The lead article inside the issue addresses a problem (...) generated by newly emerging genomic research. How should potential subjects be informed of the possibility of incidental findings? When and how should such findings be passed along to them? Paul Appelbaum and colleagues argue that routine approaches to informed consent will probably not work, and they develop four alternative approaches. One of the essays in the issue, by Joseph Fins of New York Cornell Medical Center, poses questions about the relationship between regulations and ethics. “Is it always enough,” Fins asks, “to abide by the rules and regulations for human subjects research? (shrink)

In the 1950s, Alan Turing proposed his influential test for machine intelligence, which involved a teletyped dialogue between a human player, a machine, and an interrogator. Two readings of Turing's rules for the test have been given. According to the standard reading of Turing's words, the goal of the interrogator was to discover which was the human being and which was the machine, while the goal of the machine was to be indistinguishable from a human being. According to the (...) literal reading, the goal of the machine was to simulate a man imitating a woman, while the interrogator – unaware of the real purpose of the test – was attempting to determine which of the two contestants was the woman and which was the man. The present work offers a study of Turing's rules for the test in the context of his advocated purpose and his other texts. The conclusion is that there are several independent and mutually reinforcing lines of evidence that support the standard reading, while fitting the literal reading in Turing's work faces severe interpretative difficulties. So, the controversy over Turing's rules should be settled in favor of the standard reading. (shrink)