Stopping rules — rules dictating when to stop accumulating data and start analyzing it for the purposes of inferring from the experiment — divide Bayesians, Likelihoodists and classical statistical approaches to inference. Although the relationship between Bayesian philosophy of science and stopping rules can be complex (cf. Steel 2003), in general, Bayesians regard stopping rules as irrelevant to what inference should be drawn from the data. This position clashes with classical statistical accounts. For orthodox statistics, stopping (...) rules do matter to what inference should be drawn from the data. "The dispute over stopping rule is far from being a marginal quibble, but is instead a striking illustration of the divergence of fundamental aims and standards separating Bayesians and advocates of orthodox statistical methods" (Steel 2004, 195) ... (shrink)

The stopping rule for a sequential experiment is the rule or procedure for determining when that experiment should end. Accordingly, the stopping rule principle (SRP) states that the evidential relationship between the final data from a sequential experiment and a hypothesis under consideration does not depend on the stopping rule: the same data should yield the same evidence, regardless of which stopping rule was used. I clarify and provide a novel defense (...) of two interpretations of the main argument against the SRP, the foregone conclusion argument. According to the first, the SRP allows for highly confirmationally unreliable experiments, which concept I make precise, to confirm highly. According to the second, it entails the evidential equivalence of experiments differing significantly in their confirmational reliability. I rebut several attempts to deflate or deflect the foregone conclusion argument, drawing connections with replication in science and the likelihood principle. (shrink)

This article mainly investigates whether common Bayesian confirmation measures are affected by stopping rules. The results indicate that difference measure d, log-ratio measure r, and log-likelihood measure l are not affected by non-informative stopping rules, but affected by informative stopping rules. In contrast, Carnap measure $$\tau $$, normalized difference measure n, and Mortimer measure m are affected by (non-)informative stopping rules sometimes but sometimes aren’t. Besides, we use two examples to further illustrate that confirmation measures d, (...) r, and l are better than $$\tau,n$$, and m. (shrink)

A “stopping rule” in a sequential experiment is a rule or procedure for deciding when that experiment should end. Accordingly, the “stopping rule principle” states that, in a sequential experiment, the evidential relationship between the final data and an hypothesis under consideration does not depend on the experiment’s stopping rule: the same data should yield the same evidence, regardless of which stopping rule was used. In this essay, I reconstruct and rebut (...) five independent arguments for the SRP. Reminding oneself that the stopping rule is a part of an experiment’s design and is no more mysterious than many other design aspects helps elucidate why some of these arguments for the SRP are unsound. (shrink)

This study examines the hypothesis that the stopping rule-a traditional postnatal sex selection method where couples decide to cease childbearing once they bear a son-plays a role in high sex ratio of last births (SRLB). The study develops a theoretical framework to demonstrate the operation of the stopping rule in a context of son preference. This framework was used to demonstrate the impact of the stopping rule on the SRLB in Vietnam, using data from (...) the Population Change Survey 2006. The SRLB of Vietnam was high at the level of 130 in the period 1970-2006, and particularly in the period 1986-1995, when sex-selective abortion was not available. Women were 21% more likely to stop childbearing after a male birth compared with a female birth. The SRLB was highest at parity 2 (138.7), particularly in rural areas (153.5), and extremely high (181.9) when the previous birth was female. Given the declining fertility, the stopping rule has a potential synergistic effect with sex-selective abortion to accentuate a trend of one-son families in the population. (shrink)

This paper considers a key point of contention between classical and Bayesian statistics that is brought to the fore when examining so-called ‘persistent experimenters’—the issue of stopping rules, or more accurately, outcome spaces, and their influence on statistical analysis. First, a working definition of classical and Bayesian statistical tests is given, which makes clear that (1) once an experimental outcome is recorded, other possible outcomes matter only for classical inference, and (2) full outcome spaces are nevertheless relevant to both (...) the classical and Bayesian approaches, when it comes to planning/choosing a test. The latter point is shown to have important repercussions. Here we argue that it undermines what Bayesians may admit to be a compelling argument against their approach—the Bayesian indifference to persistent experimenters and their optional stopping rules. We acknowledge the prima facie appeal of the pro-classical ‘optional stopping intuition’, even for those who ordinarily have Bayesian sympathies. The final section of the paper, however, provides three error theories that may assist a Bayesian in explaining away the apparent anomaly in their reasoning. (shrink)

Disputes between advocates of Bayesians and more orthodox approaches to statistical inference presuppose that Bayesians must regard must regard stopping rules, which play an important role in orthodox statistical methods, as evidentially irrelevant.In this essay, I show that this is not the case and that the stopping rule is evidentially relevant given some Bayesian confirmation measures that have been seriously proposed. However, I show that accepting a confirmation measure of this sort comes at the cost of rejecting (...) two useful ancillaryBayesian principles. (shrink)

In this paper I provide a frequentist philosophical-methodological solution for the stopping rule problem presented by Lindley & Phillips in 1976, which is settled in the ecological realm of testing koalas’ sex ratio. I deliver criteria for discerning a stopping rule, an evidence and a model that are epistemically more appropriate for testing the hypothesis of the case studied, by appealing to physical notion of probability and by analyzing the content of possible formulations of evidence, assumptions (...) of models and meaning of the ecological hypothesis. First, I show the difference in the evidence taken into account in different frequentist sampling procedures presented in the problem. Next, I discuss the inapplicability of the Carnapian principle of total evidence in deciding which formulation of evidence associated with a given sampling procedure and statistical model is epistemically more appropriate for testing the hypothesis in question. Then I propose a double-perspective (evidence and model) frequentist solution based on the choice of evidence which better corresponds to the investigated ecological hypothesis, as well as on the choice of a model that embraces less unrealistic ontological assumptions. Finally, I discuss two perspectives of the stopping rule dependence. (shrink)

The history of statistics is filled with many controversies, in which the prime focus has been the difference in the “interpretation of probability” between Fre- quentist and Bayesian theories. Many philosophical arguments have been elabo- rated to examine the problems of both theories based on this dichotomized view of statistics, including the well-known stopping-rule problem and the catch-all hy- pothesis problem. However, there are also several “hybrid” approaches in theory, practice, and philosophical analysis. This poses many fundamental questions. (...) This paper reviews three cases and argues that the interpretation problem of probabil- ity is insufficient to begin a philosophical analysis of the current issues in the field of statistics. A novel viewpoint is proposed to examine the relationship between the stopping-rule problem and the catch-all hypothesis problem. (shrink)

The objective of this article is to propose a precise characterization of the collective practice behind at least an important part of the phenomena named “decision by consensus”. First, I provide descriptions of the use of this rule, and give a definition of the non-opposition rule, both as a specific sequence of acts and as a stopping rule. Second, I challenge the usual way of understanding the non-opposition rule by contrast with voting, stating that the (...) contrast between logic of approval and logic of consent also has to be taken into account. Third, I examine the conditions of its use. The non-opposition rule satisfies groups whose concern is to decide without dividing. Finally, from the analytic benefit of opening up decision by consensus as the use of the non-opposition rule, I will examine, in a fourth part, whether consensus in decision-making is as democratic a procedure as is sometimes thought. (shrink)

Error statistics is an important methodological view in philosophy of statistics and philosophy of science that can be applied to scientific experiments such as clinical trials. In this paper, I raise two potential issues for ES when it comes to guiding, and explaining early stopping of randomized controlled trials : ES provides limited guidance in cases of early unfavorable trends due to the possibility of trend reversal; ES is silent on how to prospectively control error rates in experiments requiring (...) multiple interim analyses. The method of conditional power, together with a rationing principle for RCTs, can assist ES in addressing such issues. (shrink)

Art as a Singular Rule "Art has nothing to do with me. Or my family. Or anybody I know" Abstract - This paper will examine an unresolved tension inherent in the question of art and argue for the idea of a singular rule as a natural resolution. In so doing, the structure of a singular rule will be fully outlined and its paradoxical constitution will be resolved. The tension I mention above unfolds both as a matter of (...) history and as a product of analysis. The concept of imitation will be our introduction to a brief overview of a historical trajectory starting with Plato. Plato is notorious for having imposed one of the most humiliating verdicts ever on the Arts: Art is imitative he argued, it is the practice of reproducing illusions and is, therefore, both an inferior source of knowledge and an ethically corrupt activity. Then, the story continues, came Aristotle, the savior of the Arts: he suggested that since essence, form, is imbedded in reality, the artist who imitates essence performs the noble task of abstracting form from substance. Art could now proudly stand alongside other highly respectable branches of human activities, such as the sciences. With the dominance of Aristotle in Western culture, abstraction came to play a key role. Leaping forward to our time, it can be argued that in Modernism the move towards abstraction was pushed to breaking point - to the point where the object was dismissed and denied relevancy to the work of art. This will bring us to a discussion of Art as representation and subsequently, to the introduction of a line of philosophical reasoning that threatens the Arts. It will seem as if we are caught between two extremes: If we assume that art is representational, we open the door for the old Platonic criticism that art is merely imitative (of its object); If we return to abstractionism, we may be led along a path that does not stop short of renouncing the object altogether, i.e. nothing is asserted as standing to the work of art as an "object" or an outer aim; this leaves us on a suspiciously skeptical note concerning the purpose and aim of art - and it indeed echoes prevailing feelings of unrest and confusion concerning the arts, precisely the sort that the quote above indicates. This seems to entrap us in a vicious circle. However, drawing upon the philosophies of Kant, Wittgenstein, Goodman and the contemporary Czech philosopher and esthetician, Tomas Kulka, I suggest a way for resolving the dilemma. This is my analysis of singular rule. (shrink)

Rule consequentialism (RC) holds that the rightness and wrongness of actions is determined by an ideal moral code, i.e., the set of rules whose internalization would have the best consequences. But just how many moral codes are there supposed to be? Absolute RC holds that there is a single morally ideal code for everyone, while Relative RC holds that there are different codes for different groups or individuals. I argue that Relative RC better meets the test of reflective equilibrium (...) than Absolute RC. In particular, I contend that Relative RC is superior because it accommodates our convictions about costless benefits. Some have charged that Relative RC threatens our convictions about the generality of moral codes and that it leads inevitably to what Brad Hooker calls “runaway relativism.” I argue that Relative RC has principled reasons for stopping this imagined slide down the slippery slope. (shrink)

The level of enjoyment in participating in sports activities is one component that causes young athletes to decide to stop or become more motivated to pursue sports activities. Practicing and participating in competitions are the main activities in sports coaching interactions towards optimal performance. This study aims to determine the effect of modifying the match rules implemented in youth soccer competitions on the level of enjoyment of players. Using an experimental method with 20 soccer schools participating in a competition with (...) modified game rules. Players registered by his team amounted to an average of 13.8 players aged 9-12 years. The number of players who are willing to fill out the pleasure level questionnaire is 238 players. Each player was asked to fill out a questionnaire before and after the competition, the questionnaire was analyzed using the mean and percentage test technique. The results of data analysis showed the average score before participating in the competition was 4.10 while after participating in the competition it was 4.47, which means an increase of 8.88%. The results showed that the level of enjoyment of the players increased after participating in the competition. Modification of the rule of the game in competition affects the level of enjoyment of players in the interaction of youth soccer coaching. Coaches, administrators, and match organizers are expected to have a positive paradigm of thinking and policy making towards the organization of competitions for young soccer players. (shrink)

Normativists about belief hold that belief formation is essentially rule- or norm-guided. On this view, certain norms are constitutive of or essential to belief in such a way that no mental state not guided by those norms counts as a belief, properly construed. In recent influential work, Kathrin Glüer and Åsa Wikforss develop novel arguments against normativism. According to their regress of motivations argument, not all belief formation can be rule- or norm-guided, on pain of a vicious infinite (...) regress. I argue that the regress of motivations argument is unsuccessful: an appeal to the notion of blind rule-following, drawn from a plausible interpretation of Ludwig Wittgenstein’s remarks on rule-following, stops the regress of motivations in its tracks. (shrink)

Maybe you only have 1000 units of some resource, but 10,000 people need the resource or would benefit from it. One question: why do you control the resource? Leave that aside for now. A second question: how should you allocate the resource? If you are a decision-maker in a health system, and if the resource has to do with medicine or public health, we are in the world of the ethics of scarce resource allocation decisions in healthcare. Munthe et al (...) 1 note that the ‘operational norms that guide actual decision making in this area tend to be similar across health systems’ and include principles concerning need, prognosis, equal treatment and cost-effectiveness. Even with just these principles, there are hard questions of how they ought to be specified, operationalised and balanced against each other when they conflict. They do not focus on this. Instead, they identify a concern: paying attention only to these principles in making allocation decisions may lead decision-makers to miss ‘negative dynamics’ that result from their decisions. They aim to rectify this by suggesting a ‘sustainability’ principle that would sit alongside these other ethical principles, serving as a side-constraint that rules out certain allocation choices or as a distinct reason to be weighed in the decision-making calculus (or a reason to save or insure against negative dynamics). I agree that the downstream effects of our allocation decisions matter, …. (shrink)

The corporate meltdowns of this and the previous decade in the US - WorldCom, Enron, Tyco, and in Australia - FAI, HIH and AWB being among the many examples - have resulted in the governments of those two countries introducing legislation and policy guidelines aimed at minimising future corporate misbehaviour. -/- The US has introduced the Sarbanes Oxley Act, with requirements on corporate accountants and auditors, as well as its whistleblowing provisions. It has revised the Federal Sentencing Guidelines for Organizations. (...) New rules for the NYSE and NASDAQ have also been introduced. In addition, the U.S. Securities and Exchange Commission and U.S. Department of Justice have further strengthened the Foreign Corrupt Practices Act 1977, last revised in 1997. -/- Australia has revised the Corporations Act to include whistleblower protection clauses as well as adopted the ASX Corporate Governance guidelines. Standards Australia has issued its handbook on corporate governance. Although not a business issue, the Australian government has also announced that it will introduce whistleblower protection legislation for the public sector by the end of its first term in office. This legislation will likely influence whatever the private sector does in this respect. The inclusion of whistleblower protection in both Sarbanes–Oxley and the Corporations Act reflects a growing body of research that finds that people internal to an organisation are the most effective way to identify corporate wrongs. The Commonwealth Treasury has recently issued an options paper, stating that the Corporations Act has been ineffectual. It has sought submissions on revisions to the legislation that the Australian Government could take. This paper examines the policies advocated by over 20 organisations and academics concerned with whistleblowing issues. It draws the conclusion that on current indications, even after further reform, Australian legislation and policies are still likely to be less effectual than overseas practices. -/- --------------------------------- . (shrink)

I briefly consider why Descartes stopped work on the _Rules_ towards the end of my paper. My main concern is to accurately characterize the project represented in the _Rules_, especially in its relation to early-modern logic.

How, and how well, do people switch between exploration and exploitation to search for and accumulate resources? We study the decision processes underlying such exploration/exploitation trade‐offs using a novel card selection task that captures the common situation of searching among multiple resources (e.g., jobs) that can be exploited without depleting. With experience, participants learn to switch appropriately between exploration and exploitation and approach optimal performance. We model participants' behavior on this task with random, threshold, and sampling strategies, and find that (...) a linear decreasing threshold rule best fits participants' results. Further evidence that participants use decreasing threshold‐based strategies comes from reaction time differences between exploration and exploitation; however, participants themselves report non‐decreasing thresholds. Decreasing threshold strategies that “front‐load” exploration and switch quickly to exploitation are particularly effective in resource accumulation tasks, in contrast to optimal stopping problems like the Secretary Problem requiring longer exploration. (shrink)

Philosophers subscribing to particular principles of statistical inference and evidence need to be aware of the limitations and practical consequences of the statistical approach they endorse. The framework proposed (for statistical inference in the field of medicine) allows disparate statistical approaches to emerge in their appropriate context. My dissertation proposes a decision theoretic model, together with methodological guidelines, that provide important considerations for deciding on clinical trial conduct. These considerations do not amount to more stopping rules. Instead, they are (...) principles that address the complexity of interpreting and responding to interim data, based on a broad range of epistemic and ethical factors. While they are not stopping rules, they would assist a Data Monitoring Committee in judging its position with regard to necessary precautionary interpretation of interim data. By vindicating a framework that accommodates a wide range of approaches to statistical inference in one important setting (clinical trials), my results pose a serious challenge for any approach that advocates a single, universal principle of statistical inference. (shrink)

I graduated from law school in 1970 and I’ve been proud every day since of being a lawyer. My father was a lawyer, as are our two sons, and I’ve always seen lawyers as democracy’s warriors: the people who protect rights and by protecting rights protect justice. You law students are the future democracy warriors—actually, the future of democracy full stop—so this lecture is dedicated to you and to the hope that you will make justice your transcendent preoccupation, no matter (...) what you decide to do with your law degree. You are, after all, in law school where you have a window on what the law says—guided by your professors—and a window on what the law looks like outside the walls of your classrooms—guided by watching the news. (shrink)

The method of reflective equilibrium is typically characterized as a process of two kinds of adjustments: hold fixed one’s current set of commitments/intuitions and adjust rules/principles to account for them, then hold fixed those rules while making adjustments to one’s set of commitments. Repeat until no further adjustments are required. Such characterizations ignore the role of precedent, i.e., information about the commitments and rules of others and how those might serve as guides in one’s own process of deliberation. In this (...) paper we develop a model that narrows in on a local part of a reflective equilibrium process in which a group of peer agents start with identical lists of commitments and work towards finding the rule that captures that set. If successful, we say they reach rest stop interpersonal convergence. The trouble is that, without precedent, reaching this convergence rests on implausible deterministic assumptions. We analyze how far the inclusion of a kind of soft precedent goes towards aiding the group in reaching said convergence when those assumptions are relaxed. (shrink)

There is a class of speech-acts employing expressions such as ‘can't, ‘must’, and ‘meant to’, which have a paradigm role in stating the rules that govern a practice. Elizabeth Anscombe called such expressions stopping (or forcing) modals. Although “You can't phi”, etc., are not implicit hypothetical imperatives, it nevertheless makes prima facie sense to ask of a given practice why we go in for it, what the point of it is. Various questions are discussed in connection with these facts, (...) e.g. What distinguishes a rule's applying to someone from its having force (for that person)? Where the practice at issue is a ‘language-game’, does the question “Why do we do this?” still makes sense? (shrink)

Following the design of the author, reforms of the UN would consist of four rules. The first rule: Payments from the global community should correspond with the services provided by the UN. - For this purpose it is necessary to develop a system of compensation in which payment would be made only for the completion of a concrete service. Such a system would in effect serve as a continuous audit and guarantor of quality service at all times visible to (...) the entire public. The second rule: Servantura not dictatorship - The author has created a word "servantura" and has given it the following meaning: the performance of administrative service, guided by (1) ethical conduct, (2) democratic norms, (3) the newest scientific knowledge, (5) safe technology, (6) justice, (7) equality of people and (8) the priority of human life. On an idea of the author, servantura is a global managerial philosophy with a system of global service in which each decision should be in accordance with the wishes and the will of the entire global community, not of a separate group of nations, or a single nation, or person. The third rule: Noncommercial services. Commercialization of the UN should be considered a crime. Further commercial use of the UN should be stopped, as it will lead to aglobal catastrophe. The fourth rule: Without enemies or competitors, Full transparency and a strict prohibition of secrecy and privacy in the UN must be established. i.e. openness, publicity and a strict international prohibition on any secret structures or secret activities within the UN. (shrink)

euroscience of Rule-Guided Behavior brings together, for the first time, the experiments and theories that have created the new science of rules. Rules are central to human behavior, but until now the field of neuroscience lacked a synthetic approach to understanding them. How are rules learned, retrieved from memory, maintained in consciousness and implemented? How are they used to solve problems and select among actions and activities? How are the various levels of rules represented in the brain, ranging from (...) simple conditional ones if a traffic light turns red, then stop to rules and strategies of such sophistication that they defy description? And how do brain regions interact to produce rule-guided behavior? These are among the most fundamental questions facing neuroscience, but until recently there was relatively little progress in answering them. It was difficult to probe brain mechanisms in humans, and expert opinion held that animals lacked the capacity for such high-level behavior. However, rapid progress in neuroimaging technology has allowed investigators to explore brain mechanisms in humans, while increasingly sophisticated behavioral methods have revealed that animals can and do use high-level rules to control their behavior. The resulting explosion of information has led to a new science of rules, but it has also produced a plethora of overlapping ideas and terminology and a field sorely in need of synthesis. In this book, Silvia Bunge and Jonathan Wallis bring together the worlds leading cognitive and systems neuroscientists to explain the most recent research on rule-guided behavior. Their work covers a wide range of disciplines and methods, including neuropsychology, functional magnetic resonance imaging, neurophysiology, electroencephalography, neuropharmacology, near-infrared spectroscopy, and transcranial magnetic stimulation. This unprecedented synthesis is a must-read for anyone interested in how complex behavior is controlled and organized by the brain. (shrink)

This paper argues that a Wittgensteinian understanding of language as an integral dimension of human forms of life speaks against the view that our relationship to texts is interpretive in nature. Wittgenstein’s re-orientation to language entails that meaning is immediate rather than interpretive, and that our works don’t stop short of the facts. The aim of this paper is to show that the immediate mutuality of meanings and facts carries over to our textual practices so that our texts make available (...) immediate unities of meanings and narrative facts. Wittgenstein’s reflections on following rules, customs or forms of life allow us to steer a careful course between the view that a text is determined by the author’s intentions and a relativism of variable interpretations that results from denying the relevance of authorial intentions. For example, Stanley Fish holds that meanings vary insofar as they are “predetermined’ by our “presuppositions” – our interests, goals and assumptions. But Wittgenstein’s work suggests that following rules, and hence grasping meanings, does not involve something as variable as individual “presuppositions.” Rather, our training into forms of life opens up a second-nature where grasp of both facts and meanings is immediate. This allows us to re-affirm the view that there are textual facts that do not depend on interpretation; that there is a difference between apprehending the facts of a text and going on to provide further interpretations of those facts. The ‘co-constitution’ of meanings and facts does not foreclose interpretive practices but allocates them to their proper sphere – as practices that we may wish to undertake in order to go beyond the initial immediate openness of the world of a text. We can test this view by considering the way our changing forms of forms affect the way we read a text such as Jane Austen’s Mansfied Park. (shrink)

When it is ethically justifiable to stop medical treatment? For many Muslim patients, families, and clinicians this ethical question remains a challenging one as Islamic ethico-legal guidance on such matters remains scattered and difficult to interpret. In light of this gap, we conducted a systematic literature review to aggregate rulings from Islamic jurists and juridical councils on whether, and when, it is permitted to withdraw and/or withhold life-sustaining care. A total of 16 fatwās were found, 8 of which were single-author (...) rulings, and 8 represented the collective view of a juridical council. The fatwās are similar in that nearly all judge that Islamic law, provided certain conditions are met, permits abstaining from life-sustaining treatment. Notably, the justifying conditions appear to rely on physician assessment of the clinical prognosis. The fatwās differ when it comes to what conditions justify withdrawing or withholding life- sustaining care. Our analyses suggest that while notions of futility greatly impact the bioethical discourse regarding with holding and/or withdrawal of treatment, the conceptualization of futility lacks nuance. Therefore, clinicians, Islamic jurists, and bioethicists need to come together in order to unify a conception of medical futility and relate it to the ethics of withholding and/or withdrawal of treatment. (shrink)

On 5th June 1989 an unknown man stopped the leading tank in a column entering Tiananmen Square, Beijing. His ultimate fate is unknown. His courage reflects the dilemma of brave people faced by the force of authority. The rule of law attempts to control excess of authority, but is often ineffective and illusory. Realist jurisprudence acknowledges that the law is often flawed and unfairly administered and that the rule of law is an illusion. This book discusses the question (...) what then should the individual do? It suggests that ethical realism is a wise approach: acknowledging that in reality the law is flawed, but attempting when possible to do what ethics suggest, applying the classical concept of internal or virtue ethics. This approach has practical applications-- It would be ethical to have a 2 state solution in the Middle East as was resolved by the UN General Assembly in 1947; it would be ethical for the UK to remain in the EEA established by the Treaty of Rome after 48.7% of UK voters wanted to remain and when the 2016 referendum and 2017 legislation referred only to the EU. In the early 1960s I attended the realist jurisprudence lectures at Oxford and came away with a belief that the rule of law is an ideal rather than a reality but a belief that ethics encourage the individual to do what can be done in practice to alleviate failures of the rule of law. (shrink)

Harm-reduction approaches are used to reduce the burden of risky human behaviour without necessarily aiming to stop the behaviour. We discuss what an introduction of harm reduction for doping in sports would mean in parallel with a relaxation of the antidoping rule. We analyse what is ethically at stake in the following five levels: (1) What would it mean for the athlete (the self)? (2) How would it impact other athletes (the other)? (3) How would it affect the phenomenon (...) of sport as a game and its fair play basis (the play)? (4) What would be the consequences for the spectator and the role of sports in society (the display)? and (5) What would it mean for what some consider as essential to being human (humanity)? For each level, we present arguments for and against doping and then discuss what a harm-reduction approach, within a dynamic regime of a partially relaxed antidoping rule, could imply. We find that a harm-reduction approach is morally defensible and potentially provides a viable escape out of the impasse resulting from the impossibility of attaining the eradication of doping. The following question remains to be answered: Would a more relaxed position, when combined with harm-reduction measures, indeed have less negative consequences for society than today9s all-out antidoping efforts that aim for abstinence? We provide an outline of an alternative policy, allowing a cautious step-wise change to answer this question and then discuss the ethical aspects of such a policy change. (shrink)

The subject of this study was chosen with the aim of reaching the integrity and authenticity of the narrations that reveal the interpretive meaning in the vocabulary of the Qur’an. Therefore, it is known that jurists and researchers face many problems in correcting the narrations related to the legal rulings. It is necessary to stop at correct or reliable narrations because they contribute to revealing the legal ruling. They are of higher importance if they are related to the jurisprudence of (...) the Qur’an, which necessitated choosing this research that stems from the problem due to the importance of reaching the later narrations used by the interpreters of the verses of the rulings. The study also focused on creating a new method in interpreting the verses of the rulings with the corresponding narrations, whether by chains of transmission or texts, in order to reach the reliability of the quadripartite victory. (shrink)

In United States v. Hensley, a unanimous Court set forth the rule that, "if police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion." By expanding the scope of the Terry doctrine, Hensley strengthened the power of law enforcement officials to "stop and frisk" individuals who they believe may pose a (...) threat to the themselves and/or the public. Prior to Hensley, the Court's decisions merely sanctioned Terry stops of individuals that law enforcement officers reasonably suspected were about to commit a crime, or were committing a crime at the time of the stop. Thus, by authorizing Terry stops based on an officer's reasonable suspicion that an individual was involved in an already-completed felony, Hensley extended the types of situations under which law enforcement officers may engage in Terry stops. While explicitly expanding the scope of Terry v. Ohio in the context of completed felonies, the Hensley decision left open one major issue-whether the balancing test set forth in Hensley applies to investigatory stops based on an officer's reasonable suspicion that an individual was involved in a completed misdemeanor. With no answer from the Court, lower federal and state courts have attempted to answer this question on their own; in doing so, they have diverged on the issue. Most recently, in United States v. Grigg, the Ninth Circuit expanded the scope of Hensley and applied its balancing approach to Terry stops for completed misdemeanors. This Note argues against the Ninth Circuit's approach and rather for a per se rule against Terry stops for completed misdemeanors. This Note proposes that, in light of the inherent differences between misdemeanors and felonies, Hensley's balancing test should not extend to completed misdemeanors. Furthermore, the use of Terry stops for completed misdemeanors does not further the government and public interest in crime prevention and solving past crimes to an extent great enough to outweigh the great intrusion on privacy rights that Terry stops cause. Additionally, a per se rule provides for efficiency and guidance to police enforcement on routine patrols. Under such an approach, it is easier for private citizens to comprehend and appreciate their rights and understand when those rights are being violated. (shrink)

The concept of Rule of Law is the cornerstone of the proper functioning of the judicial system in any modern democratic society. It is a basic concept of defined rights and liberties to all persons, which offers protection from arbitrary prosecution and incarceration. This principle was firstly stipulated by the instrument of Magna Carta and it is considered as a key principle for good governance in any modern democratic society. The development of the rule of law principle is (...) personified through the independence of the Judiciary as a third branch of government. The contemporary democratic societies are faced with many challenges upon which in order to protect their values of the democratic system, often limit the rights and liberties of persons. It is the role of the courts and the judicial system to stop these injustices and protect the individual from any form of liberty deprivation and rights limitations. Before the promulgation of the Magna Carta in 1215, the rule of law was perceived as a divine justice, distributed solely by the monarch or the king or in this case - King John of England. Magna Carta doesn't have iconic status only in the British Society, which is perceived as an instrument with special constitutional status and cited by many judges, lawyers and politicians, but in any modern democratic states as well. The author in this article examines the development of the concept of Rule of Law in the modern democratic societies under the influence of the Magna Carta, and how it is perceived as a guarantee of fair trial and trial by jury of any persecuted persons whether the severity of their crimes. (shrink)

I argue that gendered stereotypes, gendered emotions and attitudes, and display rules can influence extrinsic regulation stages, making failure points likely to occur in gendered-context and for reasons that the emotion regulation literature has not given adequate attention to. As a result, I argue for ‘feminist emotional intelligence’ as a way to help escape these failures. Feminist emotional intelligence, on my view, is a nonideal ability-based approach that equips a person to effectively reason about emotions through an intersectional lens and (...) use emotions to inform how we think and react to the world. This includes being attuned to the ways in which the world and our emotional lives are structured by and favors men. It stresses the need to be attuned to, as well as resist and challenge gender-based stereotypes and attitudes around emotions, paying close attention to the ways those stereotypes, norms, and attitudes differ across race, class, ethnicity, et cetera. (shrink)

Traditionally, people were recognized as being dead using cardio-respiratory criteria: individuals who had permanently stopped breathing and whose heart had permanently stopped beating were dead. Technological developments in the middle of the twentieth century and the advent of the intensive care unit made it possible to sustain cardio-respiratory and other functions in patients with severe brain injury who previously would have lost such functions permanently shortly after sustaining a brain injury. What could and should physicians caring for such patients do? (...) Significant advances in human organ transplantation also played direct and indirect roles in discussions regarding the care of such patients. Because successful transplantation requires that organs be removed from cadavers shortly after death to avoid organ damage due to loss of oxygen, there has been keen interest in knowing precisely when people are dead so that organs could be removed. Criteria for declaring death using neurological criteria developed, and today a whole brain definition of death is widely used and recognized by all 50 states in the United States as an acceptable way to determine death. We explore the ongoing debate over definitions of death, particularly over brain death or death determined using neurological criteria, and the relationship between definitions of death and organ transplantation. (shrink)

The current definition of death used for donation after cardiac death relies on a determination of the irreversible cessation of the cardiac function. Although this criterion can be compatible with transplantation of most organs, it is not compatible with heart transplantation since heart transplants by definition involve the resuscitation of the supposedly "irreversibly" stopped heart. Subsequently, the definition of "irreversible" has been altered so as to permit heart transplantation in some circumstances, but this is unsatisfactory. There are three available strategies (...) for solving this "irreversibility problem": altering the definition of death so as to rely on circulatory irreversibility, rather than cardiac; defining death strictly on the basis of brain death (either whole-brain or more pragmatically some higher brain criteria); or redefining death in traditional terms and simultaneously legalizing some limited instances of medical killing to procure viable hearts. The first two strategies are the most ethically justifiable and practical. (shrink)

L’idée la plus répandue est que dans les années 40 Hayek délaissa l’économie en général et la théorie du cycle des affaires en particulier. En fait, Hayek est demeuré fidèle à ses idées sur ce dernier point. Sa théorie du cycle économique diffère de celle de Mises : Hayek a mis l’accent sur les perturbations endogènes qui donnent naissance aux cycles. Selon Hayek et Wicksell, le système bancaire ne parvient pas à arrêter cette expansion illusoire. Les derniers travaux de Hayek (...) sur la concurrence et la monnaie sont dans la lignée de son objectif de stabilisation monétaire. Il ne propose pas une théorie du cycle des affaires mais plutôt une théorie à propos de l’absence de cycles, une théorie de l’anti-cycle.The most commonly held idea is that in the 1940s Hayek lost interest in economics in general and in trade cycle theory in particular. Hayek did not change his mind on this subject. His trade cycle theory differs from Mises’one: Hayek puts the stress on the endogenous disturbance at the beginning of the trade cycle. According to both Hayek and Wicksell, the banking system fails to stop the false expansion. His late works on competition and money remain in line with his objective of monetary stabilization. Hayek does not present a trade cycle theory but rather a theory about the absence of a cycle, an anticycle theory. (shrink)

Mitochondrial genomes represent relict bacterial genomes derived from a progenitor α‐proteobacterium that gave rise to all mitochondria through an ancient endosymbiosis. Evolution has massively reduced these genomes, yet despite relative simplicity their organization and expression has developed considerable novelty throughout eukaryotic evolution. Few organisms have reengineered their mitochondrial genomes as thoroughly as the protist lineage of dinoflagellates. Recent work reveals dinoflagellate mitochondrial genomes as likely the most gene‐impoverished of any free‐living eukaryote, encoding only two to three proteins. The organization and (...) expression of these genomes, however, is far from the simplicity their gene content would suggest. Gene duplication, fragmentation, and scrambling have resulted in an inflated and complex genome organization. Extensive RNA editing then recodes gene transcripts, and trans‐splicing is required to assemble full‐length transcripts for at least one fragmented gene. Even after these processes, messenger RNAs (mRNAs) lack canonical start codons and most transcripts have abandoned stop codons altogether. (shrink)

Consensus plays an ambiguous role in deliberative democracy. While it formed the horizon of early deliberative theories, many now denounce it as an empirically unachievable outcome, a logically impossible stopping rule, and a normatively undesirable ideal. Deliberative disagreement, by contrast, is celebrated not just as an empirically unavoidable outcome but also as a democratically sound and normatively desirable goal of deliberation. Majority rule has generally displaced unanimity as the ideal way of bringing deliberation to a close. This (...) article offers an epistemic perspective on this question of consensus versus disagreement. For ensuring the production of better decisions, we argue, the normative appeal of consensus varies depending on the deliberative task – whether it entails problem solving or prediction. We argue that in pure problem-solving contexts, consensus retains a strong normative appeal and forms the ideal deliberative outcome of deliberation. In contrast, on predictive tasks, consensus should generally not be used as a stopping rule noris it likely to be epistemically desirable as an outcome. Instead deliberators may be better served by ending the deliberation with a form of deliberative disagreement we call ‘positive dissensus’, which paves the way for more accurate aggregate predictions. (shrink)

The likelihood principle of Bayesian statistics implies that information about the stopping rule used to collect evidence does not enter into the statistical analysis. This consequence confers an apparent advantage on Bayesian statistics over frequentist statistics. In the present paper, I argue that information about the stopping rule is nevertheless of value for an assessment of the reliability of the experiment, which is a pre-experimental measure of how well a contemplated procedure is expected to discriminate between (...) hypotheses. I show that, when reliability assessments enter into inquiries, some stopping rules prescribing optional stopping are unacceptable to both Bayesians and frequentists. (shrink)

To what extent does the design of statistical experiments, in particular sequential trials, affect their interpretation? Should postexperimental decisions depend on the observed data alone, or should they account for the used stopping rule? Bayesians and frequentists are apparently deadlocked in their controversy over these questions. To resolve the deadlock, I suggest a three‐part strategy that combines conceptual, methodological, and decision‐theoretic arguments. This approach maintains the pre‐experimental relevance of experimental design and stopping rules but vindicates their evidential, (...) postexperimental irrelevance. †To contact the author, please write to: Tilburg Center for Logic and Philosophy of Science, Tilburg University, P.O. Box 90153, 5000 LE Tilburg, The Netherlands; e‐mail: [email protected]. (shrink)

In this article I investigate the extent to which perspectival realism (PR) agrees with frequentist statistical methodology and philosophy, with an emphasis on J. Neyman’s frequentist statistical methods and philosophy. PR is clarified in the context of frequentist statistics. Based on the example of the stopping rule problem, PR is shown to be able to naturally be associated with frequentist statistics in general. I show that there are explicit and implicit aspects of Neyman’s methods and philosophy that are (...) incompatible and both partially agree and disagree with PR. Additionally, I provide clarifications and interpretations to make Neyman’s methods and philosophy more coherent with the realist aspect of PR. Furthermore, I deliver an argument that, based on Neyman’s methods and philosophy, one is dealing with genuine and non-trivial perspectives. I argue that, despite Neyman being a normative anti-pluralist, there are some elements of perspectival pluralism present in his methods and philosophy. In conclusion, firstly, due to their ambivalence, Neyman’s conceptions align more closely with PR than with alternative, less moderate stances. Secondly, from the perspective of the statistical approach analysed, PR should be treated as a descriptive rather than a normative position, and as case (or aspect)-dependent, rather than a universal, absolute, or binding stance. (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)

Understanding time investment while solving problems is central to metacognitive research. By the Diminishing Criterion Model (DCM), time regulation is guided by two stopping rules: a confidence criterion that drops as time is invested in each problem and the maximum time to be invested. This combination generates curved confidence–time associations. We compared the belief that intelligence is malleable, a growth mindset, to the belief that intelligence is fixed, and to neutral control groups. We hypothesized that a growth mindset leads (...) people to selectively invest time in problems carrying the hope of improvement. This extra time makes the curved DCM pattern curvier. In two experiments, participants primed with growth, fixed, or control mindsets solved analogies (Experiment 1) and compound remote associates (Experiment 2). As expected, in both experiments a growth mindset exhibited a curvier confidence–time pattern, while the fixed mindset and control groups replicated previous confidence–time associations. Most additional time was invested in problems with intermediate difficulty levels, suggesting strategic time allocation. The study offers useful measures for delving into factors that affect thinking time allocation. (shrink)

As a branch of statistical latent variable modeling, multidimensional item response theory plays an important role in psychometrics. Multidimensional graded response model is a key model for the development of multidimensional computerized adaptive testing with graded-response data and multiple traits. This paper explores how to automatically identify the item-trait patterns of replenished items based on the MGRM in MCAT. The problem is solved by developing an exploratory pattern recognition method for graded-response items based on the least absolute shrinkage and selection (...) operator, which is named LPRM-GR and facilitates the subsequent parameter estimation of replenished items and helps maintaining the effectiveness of item replenishment in MCAT. In conjunction with the proposed approach, the regular BIC and weighted BIC are applied, respectively, to select the optimal item-trait patterns. Simulation for evaluating the LPRM-GR in pattern recognition accuracy of replenished items and the corresponding item estimation accuracy is conducted under multiple conditions across different numbers with respect to dimensionality, response-category numbers, latent trait correlation, stopping rules, and item selection criteria. Results show that the proposed method with the two types of BIC both have good performance in pattern recognition for item replenishment in the two- to four-dimensional MCAT with the MGRM, for which the weighted BIC is generally superior to the regular BIC. The proposed method has relatively high accuracy and efficiency in identifying the patterns of graded-response items, and has the advantages of easy implementation and practical feasibility. (shrink)

A non-inferiority design accepts the possibility of some efficacy loss, as part of a “successful”, statistically significant result. That loss may be excessive when the non-inferiority threshold is lenient. However, even stringent significance thresholds and safety monitoring may fail to adequately protect study participants when the primary outcome is death. The OPTIMAAL trial, a large randomized clinical trial performed in high-risk patients, is discussed as an example, using the Belmont Report principles as an ethical frame of reference. OPTIMAAL compared losartan, (...) a new drug, to captopril, a drug known to reduce the risk of death in patients with heart failure after a myocardial infarction. Serious ethical challenges occurred in that study. Firstly, subjects had to tolerate captopril to participate, meaning that participation implied the possibility of higher risk of death if randomized to the losartan arm, as compared to the standard of care. Additionally, the stopping rules had to ensure enough powe... (shrink)