Adaptationist explanations for well-known phenomena are of limited value to psychological science. To be truly useful, evolutionary psychological research programs must produce novel discoveries about contemporary cognitive and behavioral processes. The concept of special design is especially useful. Even if special design cannot be convincingly demonstrated, rigorous attempts to meet this evidentiary standard can produce novel scientific contributions.

Those who wish to deny some instance of environmental injustice often attempt to place inappropriate evidentiary burdens on scientists who show disproportionate pollution effects on vulnerable populations. One such evidentiary standard is the epidemiological-evidence rule (EER). According to EER, legitimate causal inferences about pollution-related harm (and actions to reduce probable environmental injustice) require human-epidemiological data, not merely good animal or laboratory data. This article summarizes the grounds for supporting EER, evaluates central scientific problems with EER, assesses key ethical (...) difficulties with EER, then concludes that EER ought not be used either to deny otherwise-probable environmental injustice or to delay possible action to correct well-documented pollution-related harms. (shrink)

Consensus is growing among ethicists and lawyers that medical decision making for incompetent patients who were previously competent should be made in accordance with that person's prior wishes and desires. Moreover, this legal and ethical preference for the substituted judgment standard has found its way into the daily practice of medicine. However, what appears on the surface to be an agreement between jurists, bioethicists, and clinicians obscures the very real differences between disciplines regarding the actual implementation of the sub stituted (...) judgment standard. Ethicists and judges have carefully outlined how substituted judgments ought to be made and evaluated. Although differences arise, especially at the state court level, regarding the scope of the substituted judgment standard and its relation to other standards of surrogate decision making, agreement is fairly widespread on the priority of substituted judgment and on the necessity of sufficient evidence being available in order to support a particular substituted judgment. (shrink)

The adaptationist and exaptationist programs overlap in their need for a pluralistic approach to understanding evolutionary change, and Andrews et al. effectively illustrate the methodological confounds of these approaches. However, the current critique of adaptationism, especially in the arena of human behavior, rests on the tendency to rapidly reify adaptationist hypotheses prior to broad evidentiary consensus across relevant disciplines.

In 2010, randomized controlled trials (RCTs) of two different biomedical strategies to prevent HIV infection had positive findings. However, despite ongoing very high levels of HIV infection in some countries and population groups, it has been made clear by regulatory authorities that the evidence remains insufficient to support either product being made available outside of research contexts in the developing world for at least two years. In addition, prevention trials in endemic areas will continue to test new interventions against placebo. (...) But the judgments of evidentiary standards are never value-neutral. Using the recent trials and their contexts as case studies, we examine the basis for these decisions, which will potentially delay access to scientific innovation to the people who are most urgently in need of it. (shrink)

When used clinically, psychedelics may appear unusual or even unique when compared to more familiar or long-standing medical interventions, prompting some to suggest that the ethical issues raised may likewise be exceptional. If that is correct, then perhaps psychedelics should be treated differently from other medical substances: for example, by being subjected to different ethical or evidentiary standards. Alternatively, it may be that psychedelics have more in common with various existing medical interventions than first meets the eye. We (...) argue in favor of the latter position, drawing on parallels from earlier debates around genetic exceptionalism in bioethics. We suggest there are risks to adopting a stance of “psychedelic ethical exceptionalism,” and propose that consistent ethical rules and evidentiary standards should be applied across all relevant areas of clinical medicine. Importantly, this does not preclude the possibility that changes to existing standards should be made; but if so, this should not be justified by appealing to the alleged uniqueness of psychedelics. (shrink)

In this book, Carl Cranor utilizes material from ethics, philosophy of law, epidemiology, tort law, regulatory law, and risk assessment to argue that the evidentiary standards for science used in the law to control toxics ought to be ...

This essay, written by a biologist, a microbial ecologist, a biological anthropologist, and an anthropologist‐historian, examines tensions and translations in microbiome research on animals in the laboratory and field. The authors trace how research questions and findings in the laboratory are extrapolated into the field and vice versa, and the shifting evidentiary standards that these research settings require. Showing how complexities of microbiomes challenge traditional standards of causation, the authors contend that these challenges require new approaches to (...) inferences used in ecology, anthropology, and history. As social scientists incorporate investigations of microbial life into their human studies, microbiome researchers venture into field settings to develop mechanistic understandings about the functions of complex microbial communities. These efforts generate new possibilities for cross‐fertilizations and inference frameworks to interpret microbiome findings. Microbiome research should integrate multiple scales, levels of variability, and other disciplinary approaches to tackle questions spanning conditions from the laboratory to the field. (shrink)

Several have argued that the aims of scientific research are not always independent of social and ethical values. Yet this is often assumed only to have implications for decisions about what is studied, or which research projects are funded, and not for methodological decisions or standards of evidence. Using the case of the recently developed HPV vaccines, we argue that the social aims of research can also play important roles in justifying decisions about (1) how research problems are defined (...) in drug development, (2) evidentiary standards used in testing drug “success”, and (3) clinical trial methodology. As a result, attending to the social aims at stake in particular research contexts will produce more rational methodological decisions as well as more socially relevant science. (shrink)

Drawing on social psychological evidence showing that the perspective from which the economically advantaged and disadvantaged view economic inequalities matters a great deal for how they are appraised, for when they are considered unfair, and for what evidentiary standards individuals rely upon to reach their conclusions, we argue that choice egalitarianism is unsuitable for articulating the demands of justice when people not only disagree about the causes of inequality but also have motivated reasons to adopt different standards (...) for appraising its fairness. Because choice egalitarianism requires us to take a stand on the causes of inequality it is an unsuitable ideal. This is a serious shortcoming when we are interested in getting people to assume collective responsibility for doing something about inequality in the real world. (shrink)

Cheung et al. (2025) rightly argue that psychedelics should be subject to ethical and evidentiary standards consistent with clinical medicine at large, rather than exceptionalism based on their uni...

In general, Confucians have taken a dim view of the law. They have felt warranted in this view by a reading of Confucius’ Analects 2.3 in which the Master apparently disparages law-centered governance. Two great Confucian philosophers, however, Zhu Xi and Jeong Yakyong (widely known by his pen name, Dasan), view the role of law in society differently. Like all Confucians, they teach the cultivation of virtue, but alongside building social harmony through ritual and good character, these two philosophers perceive (...) that social order also requires the penal law. In this paper, I argue that Zhu Xi and Dasan, and Dasan in particular, follow the evidentiary lead of the classical Chinese philosopher Mozi to support their legal philosophy. Mozi offered three standards for establishing truth claims: empirical evidence from common life, authoritative evidence, and evidence of outcomes. Mozi’s empirical standard takes evidence of common life from what ordinary people have seen. Zhu Xi and Dasan take the evidence of common life, not from what the people have seen, but from common understandings contained in the written language. They use this approach to arrive at a different understanding of Analects 2.3 than other Confucians, one that relates the content of that passage to Analects 12.17. They interpret the passage on a philological basis that supports the presence of penal law from a perspective of ordinary life. For authoritative evidence, Zhu Xi and Dasan like Mozi appeal to the authority of the ancient sages, who register their support for penal law. Dasan also follows Mozi’s evidentiary lead in the evidence of outcomes by fully developing a consequential picture of how the absence of law detrimentally affects society. On this point, Dasan establishes a new and revolutionary legal outlook that differs from that of Zhu Xi. I show Dasan taking lessons from the classical Legalists to arrive at this position warranted by the evidence of outcomes. Having satisfied the three evidentiary standards, Dasan thus establishes the importance of the penal law from a Confucian perspective. (shrink)

Amidst the misinformation climate about trans people and their health care that dominates policy and social discourse, autonomy‐based rationales for gender‐affirming care for trans and nonbinary youth are being called into question. In this commentary, which responds to “What Is the Aim of Pediatric ‘Gender‐Affirming’ Care?,” by Moti Gorin, we contextualize the virulent ideas circulating in misinformation campaigns that have become weaponized for unprecedented legal interference into standard health care. We conclude that the current legal justifications for upending gender‐affirming care (...) gloss over how this health care field meets conventional evidentiary standards and aligns protocols with most other fields of medicine. Refusal to offer gender‐affirming care is more harmful than centralizing trans and nonbinary people's health autonomy. (shrink)

I discuss two types of evidential problems with the most widely touted experiments in evolutionary psychology, those performed by Leda Cosmides and interpreted by Cosmides and John Tooby. First, and despite Cosmides and Tooby's claims to the contrary, these experiments don't fulfil the standards of evidence of evolutionary biology. Second Cosmides and Tooby claim to have performed a crucial experiment, and to have eliminated rival approaches. Though they claim that their results are consistent with their theory but contradictory to (...) the leading non-evolutionary alternative, Pragmatic Reasoning Schemas theory, I argue that this claim is unsupported. In addition, some of Cosmides and Tooby's interpretations arise from misguided and simplistic understandings of evolutionary biology. While I endorse the incorporation of evolutionary approaches into psychology, I reject the claims of Cosmides and Tooby that a modular approach is the only one supported by evolutionary biology. Lewontin's critical examinations of the applications of adaptationist thinking provide a background of evidentiary standards against which to view the currently fashionable claims of evolutionary psychology. (shrink)

Several have argued that the aims of scientific research are not always independent of social and ethical values. Yet this is often assumed only to have implications for decisions about what is studied, or which research projects are funded, and not for methodological decisions or standards of evidence. Using the case of the recently developed HPV vaccines, we argue that the social aims of research can also play important roles in justifying decisions about (1) how research problems are defined (...) in drug development, (2) evidentiary standards used in testing drug “success”, and (3) clinical trial methodology. As a result, attending to the social aims at stake in particular research contexts will produce more rational methodological decisions as well as more socially relevant science. (shrink)

The modern legal and ethical movement against traditional welfare paternalism in medical decision-making extends to how decisions are made for patients lacking decisional capacity, prioritising surrogates’ judgment about what patients would have decided over even their best interests. In England and Wales, the Mental Capacity Act 2005 follows this trend of prioritising the patient’s prior wishes, values and beliefs but the dominant interpretation in life-sustaining treatment cases does so by in effect calling those values the ‘best interests’ of the patient (...) and focusing nearly exclusively on the ‘subjective’ viewpoint of the patient. In this article, we examine the recent Court of Protection judgment inBarnsley Hospitals NHS Foundation Trust v MSP[2020] EWCOP 26, which adhered closely to this approach, to suggest that it could have unexpected negative consequences. These include insufficient information gathering about and attention to patients’ objective medical interests, inadequacy of the evidentiary standard used for the substituted decision-making and, in some cases, even prioritising a surrogate’s current substituted judgment over the potential for an actual judgment by the patient. (shrink)

The 21st Century Cures Act is a major act of legislation that contains numerous changes to drug and device regulation. The House of Representatives passed the Act after considerable interest group lobbying, but the bill and the key changes made during its drafting remain controversial. Using publicly disclosed records of written comments on the bill, we reviewed the key areas of lobbying activity and the compromises made in the final text. We focused on legislative provisions relating to management of the (...) National Institutes of Health, incentives for medical product development, and approval standards for new drugs and devices. By the end of the first comment period, the Committee received 118 comments. Most respondents were patient organizations, professional societies, and pharmaceutical and device companies. Overall, the majority of public comments were positive, although public health and consumer organizations were underrepresented in the number of submitted comments. As the legislative process continued, the draft bill underwent several changes relating to NIH funding, market exclusivity provisions, and scrutiny of regulatory evidentiary standards. Understanding the key statutory provisions and how they have evolved could help patients, researchers, and advocates make more informed comments on the bill and future health care legislation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Conflicts—and Consensus—about Conflicts of Interest in MedicineMatthew K. Wynia and Bette–Jane Crigger*This fascinating collection of essays about individual experiences of conflict of interest leaves little doubt that physicians remain divided about the importance, impact and meaning of conflicts of interest in their work. These essays offer differing views about what conflicts of interest look and feel like “on the ground” and about whether specific conflicts of interest are bad, (...) just a fact of life, or maybe even good.Conflict, Conflict EverywhereThese essays situate conflict of interest in a variety of contexts: the treatment recommendations a physician makes for an individual patient; the relationship between teaching physician and medical student or practicing physician and health care organization; the interaction between academic researchers and industry collaborators or professional bodies and industry supporters. In this, the narratives taken together reflect the scope of concern about conflict of interest in medicine familiar in the literature. In his classic 1993 essay, Dennis Thompson noted that concerns about conflict of interest encompass issues of physician self–referral, risk sharing between physicians and health care institutions, gifts from industry, hospital purchasing practices, as well as sponsored research and research with patients (Thompson 1993). To that list have subsequently been added relationships with industry in medical education at all levels, physicians’ service as consultants to industry or members of industry speakers bureau, and development of clinical practice guidelines (Lo & Fields 2009).That almost none of these essays draw attention to some widely publicized situations of conflict of interest—for example, gifts to physicians or the provision of drug samples—should, we think, be seen more as an artifact of the authors’ varied individual experiences than as a failure by the authors to engage key concerns in the ongoing professional and public debate. It could also be that the authors, asked to submit personal stories, assumed that yet another essay about the ‘traditional’ issues in the conflicts of interest literature would be seen as redundant, routine or even boring. Or, there is the tantalizing possibility that the absence of some of the more familiar conflicts from these narratives is the early fruit of efforts to address these traditional issues through policies governing interactions between physicians and industry promulgated by academic medical centers and health systems, medical specialty societies, and industry.One significant area of concern that has emerged in recent years is conflict of interest in the development of clinical practice guidelines. E.g., Choudry et al. 2002; Sniderrman & Furberg 2009; Guyatt et al. 2010. Although none of the essays in this [End Page 101] collection address it head on, Perlmutter touches on several key issues. His depiction of how an FDA committee process limited the input he was able to provide as an expert, undermined his potential to contribute to the professional dialogue, and raised concerns about the objectivity of the drug approval process echoes concerns about objectivity, the role of expert opinion, and the presence on guideline development panels of individuals with financial interests in the recommendations to be developed that have been explored at some length in the literature, most recently by the Institute of Medicine in reports on evidentiary standards (Eden et al 2011) and principles for guideline development (Graham et al. 2011).Conflict of Interest or Dual Agency?Several essays set out physicians’ experience in navigating situations of diverging expectations. Bierut, for example, reflects on the disjunction between the goals and products of academic researchers and commercial sponsors. She saw herself advancing basic knowledge and was forced to grapple with the reality of sponsors’ goals to advance commercial ends as well. Nagldinne and Mikulec each recall struggles to reconcile their obligation to exercise professional judgment on behalf of patients with the demands of health care organizations focussed also on the bottom line. Cruz–Flores attests to the challenge of making recommendations for care when one is both a practicing clinician and a clinical investigator engaged in research that might offer benefit to a patient for whom there are limited options.Thompson defined conflicts of interest as “a set of conditions in which professional judgment concerning a primary interest (such as a patient’s welfare or the validity of... (shrink)

Mathematical texts raise particular dilemmas for the translator. With its arm’s-length relation to verbal expression and long-standing “mathematics is written for mathematicians” ethos, mathematics lends itself awkwardly to textually centered analysis. Otherwise sound standards of historical scholarship can backfire when rigidly upheld in a mathematical context. Mathematically inclined historians have had more faith in a purported empathic sixth sense—and there is a case to be made that this is how mathematical authors have generally expected their works to be read—but (...) it is difficult to pin down exact evidentiary standards for this supposed instinct. This essay urges that both of these points of view, for all the tension between them, be kept in the historian’s toolbox. It illustrates these considerations with a case study from the Ptolemaic astronomical tradition on computing lunar model parameters from eclipse data. (shrink)

John Lemos argues persuasively that libertarian free will is required for moral desert, that we may have free will, and that even if we have doubts, we should retain the assumption of desert, given its importance to essential values, such as justice, dignity, love, and pride. While sharing his optimism about the possibility of free will, I challenge two claims: The claim that we can confidently attribute responsibility for actions to agents across the board on the basis that each agent (...) has some opportunity to shape their own characters, and the claim that if we cannot appeal to desert, we would have reason to lower evidentiary standards, as a way of keeping the most vulnerable safe from crime. (shrink)

Systemic risks are risks produced through interconnected non-wrongful actions of individuals, in the sense that an individual's action is a negligible cause of the risk. Due to scale effects of interaction, their consequences can be serious but they are also difficult to predict and assess via a risk assessment. Since we can have good reason to engage in the interconnected activities giving rise to systemic risk, we incur a concurrent collective responsibility to ensure that the risks are fairly distributed and (...) well regulated. James argues that fairness in this context requires taking reasonably available precautions ensuring for each risk-bearer a favourable ratio of expected benefits over expected losses. In sections 2 and 3 we argue that such a conception of fairness applies but only on the condition that the systemic risks created are irreversible risks and that the general background conditions of justice are imperfectly fair. When risks are reversible, compensatory justice can correct for unfairness in risk imposition. Where risks are irreversible, compensatory justice necessarily fails, giving rise to a collective responsibility to regulate fairly ex ante. Additionally, where background conditions of justice are fully fair and the systemic risk is well understood, risk bearers can be said to have consented to the systemic risk. If they are not fair, we argue that the primary political obligation should lie in fixing the fairness of the backgrounds of justice. A related reason for addressing the general background conditions of fairness is that James’ account of fairness in systemic risk imposition encounters a baseline problem. If expected risks and benefits are calculated again an unfair historic background condition, systemic risk imposition would not be fully fair. Section 4 shows why differences in evidentiary uncertainty as to probability and levels of harm and effective responses require a normatively appropriate response in the form of additional precautions. We show that the evidentiary standards set for risk-based cost-benefit analysis have a connection with deontology because they express a postulate of equal treatment in formal terms. Systemic risks can have different possible degrees of epistemological certainty due to factors of social and natural origin, such as more available research funding or higher degrees of complexity for some systemic risks but not others. These differences have to be mitigated by taking even greater precautions in difficult-to-research systemic risks. (shrink)

The use of platelet rich plasma as a novel treatment is discussed in the context of a qualitative research study comprising 38 interviews with sports medicine practitioners and other stakeholders working within the English Premier League during the 2013–16 seasons. Analysis of the data produced several overarching themes: conservatism versus experimentalism in medical attitudes; therapy perspectives divergence; conflicting versions of appropriate evidence; subcultures; community beliefs/practices; and negotiation of medical decision-making. The contested evidence base for the efficacy of PRP is presented (...) in the context of a broader professional shift towards evidence based medicine within sports medicine. Many of the participants while accepting this shift are still committed to casuistic practices where clinical judgment is flexible and does not recognize a context-free hierarchy of evidentiary standards to ethically justifiable practice. We also discuss a tendency in the data collected to consider the use of deceptive, placebo-like, practices among the clinician participants that challenge dominant understandings of informed consent in medical ethics. We conclude that the complex relation between evidence and ethics requires greater critical scrutiny for this emerging specialism within the medical community. (shrink)

1 Adaptationism is a research strategy that seeks to identify adaptations and the specific selective forces that drove their evolution in past environments. Since the mid-1970s, paleontologist Stephen J. Gould and geneticist Richard Lewontin have been critical of adaptationism, especially as applied toward understanding human behavior and cognition. Perhaps the most prominent criticism they made was that adaptationist explanations were analogous to Rudyard Kipling's Just So Stories. Since storytelling is an inherent part of science, the criticism refers to the acceptance (...) of stories without sufficient empirical evidence. In particular, Gould, Lewontin, and their colleagues argue that adaptationists often use inappropriate evidentiary standards for identifying adaptations and their functions, and that they often fail to consider alternative hypotheses to adaptation. Playing prominently in both of these criticisms are the concepts of constraint, spandrel, and exaptation. In this article we discuss the standards of evidence that could be used to identify adaptations and when and how they may be appropriately used. Moreover, building an empirical case that certain features of a trait are best explained by exaptation, spandrel, or constraint requires demonstrating that the trait's features cannot be better accounted for by adaptationist hypotheses. Thus, we argue that the testing of alternatives requires the consideration, testing, and systematic rejection of adaptationist hypotheses. Where possible, we illustrate our points with examples taken from human behavior and cognition. Key Words: adaptation; ADHD; brain allometry; constraint; epistemology; evolutionary psychology; exaptation; female orgasm ; optimization; special design; waist-hip ratio. Footnotes1 The authors contributed equally to this paper. Order of authorship was determined alphabetically. Correspondence may be addressed to any of the authors. (shrink)

For observers of pharmaceutical regulation and the Food and Drug Administration, these are uncertain times. Events in late 2016 raised concerns that the FDA's evidentiary standards were being weakened, compromising the agency's ability to adequately perform its regulatory and public health responsibilities. Two developments most directly contributed to these fears—the approval of eteplirsen, a treatment for Duchenne muscular dystrophy, against the recommendations of both FDA staff and an advisory committee and the December 2016 signing of the 21st Century (...) Cures Act, which encouraged greater use by the FDA of “real-world” evidence not obtained through randomized controlled trials. The arrival of the Trump administration—with its deregulatory, industry-friendly approach—has only amplified concerns over the future of the FDA. It is too early to know whether the recent developments are truly harbingers of an FDA less likely to prevent unsafe or ineffective products from reaching the market. But elements in the two events—the role of patient narratives in deliberations regarding eteplirsen and the enthusiasm for real-world evidence in the 21st Century Cures Act—raise critical issues for the future of evidence in the FDA's work. The rigorous, inclusive approach under way to consider issues related to real-world evidence provides a model for a similarly needed inquiry regarding public participation in FDA decision-making. (shrink)

This commentary responds to the article “What Is the Aim of Pediatric ‘Gender‐Affirming’ Care?,” by Moti Gorin, in the same issue of the journal. Gender‐affirming care is often treated as exceptional and subject to heightened scrutiny. This exceptionalization results in its being held to stricter evidentiary standards than other forms of medical interventions are. But values and value judgments are inextricable from the practice of evidence‐based medicine. For gender‐affirming care, values shape what counts as “strong” evidence, whether the (...) legitimacy of transgender identity is assumed versus treated as something to be investigated, how to characterize the testimonial accounts of trans and gender‐nonconforming patients, and more. We argue that these kinds of questions are part of the practice of medicine, not exceptional to transgender people and gender‐affirming care. However, litigation of evidence for gender‐affirming care in state and national policy underscores the moral urgency of thinking carefully about what values ought to guide evidence. (shrink)

Not only is the common‐law standard of proof of mere likelihood in ordinary civil cases justifiable, but its justifiability supports the conclusion that there is no general norm that one must assert that p only if p is known. An argument by Voltaire is formalized to show that the mere likelihood standard is rational. It is also shown that no applicable norm preempts the common‐law rule. An objection that takes the pertinent knowledge‐norm to be honoured in the breach is rejected (...) by appeal to the absence of blameworthiness in alleged breaches of interest. An objection that takes civil verdicts to be manifestations of acceptance, rather than assertoric, is considered and rejected. (shrink)

Medicine, like law, is a pragmatic, probabilistic activity. Both require that decisions be made on the basis of available evidence, within a limited time. In contrast to law, medicine, particularly evidence-based medicine as it is currently practiced, aspires to a scientific standard of proof, one that is more certain than the standards of proof courts apply in civil and criminal proceedings. But medicine, as Dr. William Osler put it, is an "art of probabilities," or at best, a "science of (...) uncertainty." One can better practice medicine by using other evidentiary standards in addition to the "scientific." To employ only the scientific standard of proof is inappropriate, if not impossible; furthermore, as this review will show, its application in medicine is fraught with bias. Evidence is information. It supports or undermines a proposition, whether a hypothesis in science, a diagnosis in medicine, or a fact or point in question in a legal investigation. In medicine, physicians marshal evidence to make decisions on how to best prevent, diagnose, and treat disease, and improve health. In law, courts decide the facts and render justice. Judges and juries assess evidence to establish liability, to settle custody and medical issues, and to determine a defendant's guilt or innocence. (shrink)

Professor Imwinkelried is surely right: the propriety of bioethicists serving as expert witnesses in litigation is problematic, and, I would add, it should remain problematic. Such testimony most certainly does not belong everywhere it will be offered by lawyers and litigants in an effort to advance their interests. Yet in contrast to some commentators, Imwinkelried and I both see a place for bioethicists serving as expert witnesses, although we differ significantly on how to understand and justify this place. In any (...) event, serious questions regarding the proper place for expert bioethicist testimony in the courtroom do exist, not only for law but also bioethics as well.The threshold question regarding the prospect of bioethicists serving as expert witnesses would seemingly have to be: “could a bioethicist qualify as an expert witness under the controlling rules of evidence?” Imwinkelried, however, does not perceive any need to even entertain this question as he claims that “technical evidentiary standards are inapplicable when information is presented to a judge to permit the judge to perform… a legislative or law-making function.”. (shrink)

Recent medical studies have indicated that medical professionals discriminate in their treatment practices on the basis of race and gender. Among the many concerns stemming from this realization are questions about the possibility of legal actions and the availability of individual compensation for the denial of equal care. By meeting legal evidentiary standards, the recent statistical data pointing to discriminatory trends have created the potential for legal recourse through Title VI of the Civil Rights Act which prohibits recipients (...) of federal funding from treating people differently on the basis of race or national origin. (shrink)

The decision to initiate invasive, first-in-human trials involving Parkinson’s disease presents a vexing ethical challenge. Such studies present significant surgical risks, and high degrees of uncertainty about intervention risks and biological effects. We argue that maintaining a favorable riskbenefit balance in such circumstances requires a higher than usual degree of confidence that protocols will lead to significant direct and/or social benefits. One critical way of promoting such confidence is through the application of stringent evidentiary standards for preclinical studies. (...) We close with a series of recommendations for strengthening the internal and external validity of preclinical studies, reducing their tendency toward optimism and publication biases, and improving the knowledge base used to design and evaluate preclinical studies. (shrink)

This paper discusses differences between two major schools in philosophy of criminal law, retributivism and consequentialism, with regard to the risk of punishing the innocent. As it is argued, the main point of departure between these two camps in this respect lies in their attitude towards the high evidentiary threshold in a criminal trial: while retributivism seems to strongly support setting this standard high, consequentialists may find it desirable to relax it in some cases. This discussion is set in (...) the context of proxy criminalization, i.e. a situation, in which some suspicious behaviour is criminalized. Since proxy criminalization may be understood as an effective lowering of the evidentiary threshold, its employment is justifiable from the consequentialist perspective, while being highly problematic for the retributivists. (shrink)

A comprehensive evidentiary regime that would encompass adaptations, exaptations, spandrels, and constraints requires both a standard to be satisfied and a predesignated default presumption to be maintained before the standard is satisfied. Andrews et al. focus principally on the former component. Some thoughts are here offered on the latter.

Do the same epistemic standards govern scientific and religious belief? Or should science and religion operate in completely independent epistemic spheres? Commentators have recently been divided on William James’s answer to this question. One side depicts “The Will to Believe” as offering a separate-spheres defense of religious belief in the manner of Galileo. The other contends that “The Will to Believe” seeks to loosen the usual epistemic standards so that religious and scientific beliefs can both be justified by (...) a unitary set of evidentiary rules. I argue that James did build a unitary epistemology but not by loosening cognitive standards. In his psychological research, he had adopted the Comtian view that hypotheses and regulative assumptions play a crucial role in the context of discovery even though they must be provisionally adopted before they can be supported by evidence. “The Will to Believe” relies on this methodological point to achieve a therapeutic goal—to convince despairing Victorians that religious faith can be reconciled with a scientific epistemology. James argues that the prospective theist is in the same epistemic situation with respect to the “religious hypothesis” as the scientist working in the context of discovery. (shrink)

How should one think about innovation in medicine and surgery? Increasingly, the answer to this question has involved reference to what might be called the regulatory ethics paradigm (REP). The regulatory ethics paradigm holds that deviations from standard care involve a degree or kind of experimentation that requires the application of a set of procedures designed to assure the protection of the rights and welfare of the subjects of research. In REP, innovative treatments are regarded as questionable until they are (...) framed in a research protocol with formal mechanisms of informed consent. The protocol must be reviewed and approved by an Institutional Review Board (IRB) or equivalent. The regulatory ethics paradigm in effect imposes the condition that clinical innovations be conducted according to scientific research methodologies. It creates the presumption that without review by an IRB, innovation cannot be conducted in an ethically defensible fashion. The regulatory ethics paradigm also requires the preparation of investigational protocols according to sound evidentiary and methodological standards. In so doing, it creates a presumption that innovations that are not rigorously validated are ethically dubious. These assumptions have deep roots. The Belmont Report, for example, articulated the orienting intuition that “radically new procedures... should... be made the object of formal research at an early stage [emphasis added] in order to determine whether they are safe and effective”.1 The Belmont Report takes the view that formal research to establish safety and efficacy of new interventions is usually feasible at an early stage in the development of a novel intervention. It thus establishes a bias that innovative treatments be conducted and evaluated under a research protocol that has passed muster at an IRB review. Given the …. (shrink)

This commentary explores the disagreement between Alex Klein and Cheryl Misak about the core insights of American Pragmatism, against a background of agreement. Both take the history of early American pragmatism to be a vital part of the history of analytic philosophy, not a radical break with it. But Misak argues that James seeks to loosen the usual epistemic standards so that religious and scientific belief can both be justified by a unitary set of evidentiary rules, and Klein (...) argues that James’s aim is not primarily to seek a rationale or justification for religious belief. At the heart of the debate is a matter still very much alive in philosophy of science: the nature and status of indispensability arguments or arguments purporting to show that we need to assume some things in order to conduct inquiry. (shrink)

There are, broadly speaking, two kinds of knowledge—analytic and intuitive, explicit and tacit. Analytic knowledge is arrived at by logical deductive thinking, and is a sequential thought process in which each step can be explained and defended. Intuitive knowledge, in contrast, is frequently alogical or nonrational, and often involves nonconscious mental processes. Though intuitive ways of knowing are essential to both scientific research and scientific medicine, the culture of medicine celebrates only the analytic, evidentiary kind of knowledge, while eschewing (...) intuition as being “nonscientific.” The popularity and prevalence of what is known as evidence-based medicine reflects this bias in favor of the analytic and the explicit. Though the evidence-based approach has contributed greatly to standardizing medical care, favoring treatments for which there is evidence of effectiveness, it has limitations. An overreliance on evidence-based medicine is problematic, because this approach leaves out important factors in the actual practice of clinical medicine such as diagnosis, nonverbal cures provided by patients, and the way the doctor–patient relationship bears on patient management and compliance, and because it is not appropriate for dealing with medical conditions that do not lend themselves to study by controlled clinical trials. (shrink)

Off-label prescribing is an integral part of contemporary medicine. Many patients benefit when they receive drugs or devices under circumstances not specified on the label approved by the Food and Drug Administration. An off-label use may provide the best available intervention for a patient, as well as the standard of care for a particular health problem. In oncology, pediatrics, geriatrics, obstetrics, and other practice areas, patient care could not proceed without off-label prescribing. When scientific and medical evidence justify off-label uses, (...) physicians promote patients’ interests by prescribing products off label.Off-label prescribing can also harm patients, however. The potential for harm is greatest when an offlabel use lacks a solid evidentiary basis. A 2006 study examining prescribing practices for 169 commonly prescribed drugs found high rates of off-label use with little or no scientific support. Researchers examining off-label use in U.S. children’s hospitals concluded, “[W]e still have incomplete knowledge about the safety and efficacy of many medications commonly used to treat children across a range of drug classes and clinical diagnoses.”. (shrink)

In this dissertation I argue for a broadly Chomskian account of all natural language linguistic properties, including semantic properties. But the dissertation is as much concerned with methodological issues as with this substantive question. ;In chapter one, I argue that the standard motivation for Naturalistic accounts of language and mind is misguided. Rather such accounts should be motivated by the potential explanatory gains afforded by successful Naturalistic accounts. Accordingly, we should seek accounts that increase the science's evidentiary basis and (...) explain the central explanatory roles of its kinds. My account of linguistic kinds is based on and illustrates this account of Naturalism. ;Following a brief introduction to current syntactic theory , I argue that, in the less philosophically loaded domain of syntactic properties, a broadly Chomskian account is superior, on empirical and methodological grounds, to a number of alternative accounts . I then extend the Chomskian view to cover semantic properties, treating semantic properties of natural language utterances as inherited from semantic properties of mental representations tokened in language processing . I argue for this extended account over the standard, Convention-based account of natural language semantic properties. ;Like Convention-based accounts in the Gricean tradition, the Chomskian account proceeds via a two step reduction. Natural language properties are first reduced to properties of psychological states or mental representations; then an account of the nature of these mental representations fills out the account. In my view there is quite a strong case for the Chomskian account of the first step in this reduction. I don't think there is an similarly powerful case for any particular theory of mental representation at this point. The various theoretical pressures on such theories and their ranking are not yet sufficiently clear. In chapter six I discuss Fodor's asymmetric dependence theory, arguing that a variety of cases suggest that asymmetric dependence theory puts too much emphasis on recognition. I suggest a way of amending the theory by introducing a further counterfactual component to it. (shrink)

In recent years, the research field of the evolution of art has witnessed contributions from a wide range of disciplines across the "three cultures". In this thesis, I make both a critical review of existing explanations, and try to do elucidate the evolution of art by employing insights, methods and concepts from different disciplines. First, I critically evaluate the evidentiary criteria from standard evolutionary psychology some accounts employ to demonstrate that art qualifies as a human biological adaptation. I argue (...) that these criteria do not suffice to make that claim. Furthermore, I make the case for a cultural evolutionary approach to the arts. One commonly used evidentiary criterion for art as adaptation is the “tight fit” between artnbsp;human cognition, which is interpreted as suggesting that cognition has undergone selection to produce and appreciate art. However, disentangling cultural and genetic evolution allows formulating thenbsp;hypothesis that art has evolved culturally to match human cognition. Second, I observe that in ancient and modern hunter gatherer societies, artistic activities are virtually alwaysnbsp;with ritual. I discuss what this implies for the adaptive significance of art. Specifically, if the arts have culturally evolved in function of ritualistic purposes, their adaptive value has depended on the adaptiveness of ritual. Third, because architecture is characterized by the combination of utilitarian and aesthetic aspects, it is particularly interesting from an evolutionary perspective and therefore I devote special attention to it. Employing the cross-species comparative approach, I investigate two main purposes human architecture has in common with nonhuman animal constructions: protection andnbsp;Based on the phylogenetic approach I establish that protection may have been the primary function of building aptitudes in humannbsp;and that building was later co-opted for signaling purposes. Subsequently, I comparatively evaluate thenbsp;of signaling models in the cultural evolution of architectural aesthetics. Furthermore I combine insights from environmental psychology, niche construction and cultural evolution theory to develop the hypothesis that a function of religious monumental architecture may have been to support nbsp;or even to galvanize nbsp;social learning. Finally, I connect the account I developed to the cognitive science of religion. I complement the frequently held view that religious monumental architecture is a costly signal with the mechanism of sensory exploitation. I attempt to demonstrate that by exploiting thenbsp;response of awe in religious followers, religious monumental architecture promotes and regulates prosocial behavior and creates in them an openness to adopt supernatural beliefs. Fourth, I dealnbsp;the evolution of visual art, paying again special attention to cultural evolution andnbsp;explanatory value of sensory exploitation. I assert that the relatively late appearance of figurative art in the course of human evolution may be attributed to an increase in the number of social learning opportunities within and between human populations at that time. I support this assertion with archaeological data that indicate overall population growth and increased population densities at that time. These demographic changes, I argue, have allowed the retention and accumulation of innovations required for figurative art making. Contrary to previous accounts, I furthermore aim to show that this process doesnbsp;require figurative art to have served adaptive purposes. Employing sensory exploitation, I establish that figurative art could have evolved by exploiting pre-existing biases of evolved psychology. The dominant themes of upper Paleolithic and late stone age figurative art, animals and humans, seem to support this contention. Fifth, I present a number of experimental studies I conducted to verify whether contemporary art experts would have socially learned to resist exploitation of evolved psychology. One aspect ofrsquo;s exploitative power may be that it elicits aesthetic pleasure by pushing “pleasure buttons” that evolved for other purposes. Consequently, spectators may trade-off rewards from indulging in art and biological activities, resulting in less effort being allocated to reproduction. I contend that, while the generalnbsp; may indeed be exploited, experts, who are typically being exposed to high doses of art, may have socially learned to resist exploitation by selectively preferring art from prestigious art contexts. The latter would be in line with the claim that prestige bias may trump content biases of evolved psychology. The results of three experimental studies supportnbsp;contention. I find that laypeople's art appreciation is positively affected by a content bias for attractive faces, mediated by aesthetic pleasure, whereas experts' appreciation is positively affected by prestige and mediated by admiration for the artist. Moreover, experts confer lower appreciation to attractive compared to moderately attractive content, which is consistentnbsp;the contention that expertise and the use of prestige are associatednbsp;resistance against beautiful content that exploits evolved preferences. This research thus suggests that expertise moderates content and context biases, which may be of relevance to an ongoing debate about their relative importance as drivers of cultural evolution. In addition, this study provides a tentative but novel explanation for the fact, famously established by philosopher Arthur Danto, that beauty lost its central position in Western art during the 20th century. However my findings cannot exclude alternative explanations for the fact that art expert appreciation deviates from evolved aesthetic preferences. Further research may experimentally assess the role of prestige bias and resistance as drivers of this deviation versus other, previously suggested, potential processes. For example, preferences of experts may deviate on account of the fact that art serves as a badge of elite group membership and thus expert art appreciation as a means to distinguish oneself from the masses. Alternatively, art experts may seek intellectual challenges instead of pushing pleasure buttons. Future research may experimentally verify the respective roles of these different hypothesized mechanisms. In addition, it may be investigated how insights from sexual selection research may help elucidating the different processes at play in cultural evolution and particularly in the cultural evolution of art appreciation, given the commonalities between sexual selection and cultural selection models. (shrink)

This article is a contribution to interdisciplinary scholarship addressing the presumption of innocence, especially interdisciplinary conversations between philosophers and jurists. Terminological confusion and methodological traps and errors notoriously beset academic literature addressing the presumption of innocence and related concepts, such as evidentiary presumptions, and the burden and standard of proof in criminal trials. This article is diagnostic, in the sense that its primary objective is to highlight the assumptions—in particular, the disciplinary assumptions—implicit in influential contributions to debates on the (...) presumption of innocence. It advocates a methodologically pluralistic approach, according to which definitions of the presumption of innocence are necessarily sensitive to purpose and method. These relationships and their implications are not always appreciated, and are seldom explicitly elucidated. Notably, philosophers routinely treat the presumption of innocence as epistemic, evidentiary or otherwise featuring directly in practical reasoning. This article identifies jurisprudential and practical reasons why legal scholars and practitioners concerned with criminal procedure and evidence should reject evidentiary interpretations of the presumption of innocence. By encouraging finer-grained engagement with the history and institutional details of common law procedural traditions, the article aims to show why legal scholars might think that philosophical approaches to the presumption of innocence are already methodologically-loaded and, for our purposes, address the wrong questions with deficient concepts. (shrink)

This paper argues for a coherentist theory of the justification of evidentiary judgments in law, according to which a hypothesis about the events being litigated is justified if and only if it is such that an epistemically responsible fact-finder might have accepted it as justified by virtue of its coherence in like circumstances. It claims that this version of coherentism has the resources to address a main problem facing coherence theories of evidence and legal proof, namely, the problem of (...) the coherence bias. The paper then develops an aretaic approach to the standards of epistemic responsibility which govern legal fact-finding. It concludes by exploring some implications of the proposed account of the justification of evidentiary judgments in law for the epistemology of legal proof. (shrink)

A vast literature has developed probing the law's aversion to statistical/probability evidence in general and its rejection of naked statistical evidence in particular. This literature rests on false premises. At least so far as US law is concerned, there is no general aversion to statistical forms of proof and even naked statistics are admissible and sufficient for a verdict when the evidentiary proffer meets the normal standards of admissibility, the most important of which is reliability. The belief to (...) the contrary rests upon a series of mistakes: most importantly, mismodeling of the structure of legal systems and the nature of common law decision making. Contributing to these mistakes is the common methodology in this literature of relying on weird hypotheticals that mismodel the underlying legal relations and contain impossible epistemological demands. Collectively, these phenomena have distracted attention from issues that actually affect real legal systems. (shrink)

The rapid advancement from single-gene testing to whole genome sequencing has significantly broadened the type and amount of information available to researchers, physicians, patients, and the public in general. Much debate has ensued about whether genomic test results should be reported to research participants, patients and consumers, and at what stage we can be sure that existing evidence justifies their use in clinical settings. Courts and judges evaluating the utility of these results will not be immune to this uncertainty. As (...) scholars increasingly explore the duty of care standards related to reporting genomic test results, it is timely to provide a framework for understanding how uncertainty about genetic and genomic tests influences evidentiary considerations in the court room. Here, we explore the subtleties and nuances of interpreting genetic data in an environment of substantial discord related to the value that individuals should place on genetic and genomic tests. In conjunction, we discuss the roles courts should play in qualifying experts, expert testimony, and genetic and genomic tests given the intricate and complex nature of genetic and genomic information. (shrink)

A recent Supreme Court decision, Kumho Tire Co., Ltd. v. Carmichael, may have substantial impact on psychological expert testimony. Previous criteria for admissibility of scientific expert testimony now apply broadly to expert testimony, not just testimony narrowly grounded in scientific evidence. Judges will determine the relevance and reliability of all expert testimony, including that based on clinical experience or training. Admissible testimony will either satisfy the criteria established in Daubert v. Merrell Dow Pharmaceuticals, Inc. or meet similarly rigorous standards (...) judged appropriate to the particular field involved. Because psychological testimony has varied in its evidentiary basis, sometimes relying on science and otherwise on clinical training or experience, court decisions will gradually determine the precedent for its admissibility. We also discuss long-term consequences for the credibility of psychological expert testimony and the relation between psychology and law. (shrink)

The effects of distant, intercessory prayer on health outcomes have been studied in a range of randomised, blinded clinical trials. However, while seeking the evidentiary status accorded this ‘gold standard’ methodology, many prayer studies fall short of the requirements of the World Medical Association's Declaration of Helsinki for the ethical conduct of trials involving human subjects. Within a sample of 15 such studies published in the medical literature, many were found to have ignored or waived key ethical precepts, including (...) adequate standards of care, patient confidentiality and informed consent. Prayer was considered in most studies to pose negligible or no risk to subjects, despite the fact that no clear mechanism of action nor any safety monitoring procedures were described. As a result, many studies did not meet basic ethical standards required of clinical trials of biophysical interventions, making application of their results ethically problematic. If investigators wish their data to adequately inform the use or rejection of intercessory prayer to improve health, these shortcomings should be addressed in future studies. (shrink)

The idea of enlightenment entails liberty, equality, rationalism, secularism, and the connection between knowledge and human well being. In spite of the setbacks of revolutionary violence, political mass murder, and two world wars, the spread of enlightenment values has become the yardstick by which moral, political, and even scientific advances are measured. Indeed, most critiques of the enlightenment ideal point to failure in implementation rather than principle. By contrast, David Stove, in On Enlightenment, attacks the intellectual roots of enlightenment thought, (...) to define the limitations of its successes and the areas of its likely failures. Stove is not insensitive to the many valuable aspects of enlightenment thought. He champions the use of reason and rationality, and recognizes the falsity of religious claims as well as the importance of individual liberty. What he rejects is the enlightenment's uncritical optimism regarding social progress and its willingness to embrace revolutionary change. What evidence is there that the elimination of superstition will lead to happiness? Or that it is possible to accept Darwinism without Social Darwinism? Or that the enlightenment's liberal, rationalistic outlook will ever lead to the kind of social progress envisioned by its advocates. Despite their best intentions, social reformers who attempt to improve the world as a whole inevitably make things worse. He advocates a conservative "go slow" approach to change, pointing out that today's social structures are so large and complex that any widespread social reform will have innumerable unforeseen consequences. For example, the welfare state may diminish individual initiative, the use of pesticides may increase the food supply while polluting the water supply, the popularizing of university education may lead to a decline in academic standards. Since government has a virtual monopoly on large-scale change, it follows, in Stove's view, that its powers must be limited in order to prevent large-scale damage. Instead, he argues that reforms, when they are to be made at all, must be realistic, local, necessary and never coercive. Writing in the conservative tradition of Edmund Burke with the same passion for clarity and intellectual honesty as George Orwell, David Stove was one of the most precise, articulate, and insightful philosophers of his day. "Never just an academic, Stove was also a prominent, often crotchety, public intellectual of a conservative and, all too often, reactionary bent, many of whose views were extremist on any account, and his targets were many.... For Stove the important question about a belief is not whether it is extreme or mainstream, but whether it is true, or probable, or has sound evidentiary and/or rational credentials. In this he was surely right." -D. D. Todd, Philosophy in Review David Stove taught philosophy at the University of New South Wales and the University of Sydney. He is the author of Against the Idols of the Age and Scientific Irrationalism, both available from Transaction. Andrew Irvine is professor of philosophy at the University of British Columbia, Vancouver. Roger Kimball is managing editor of the New Criterion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Markers of Allusion in Archaic Greek Poetry by Thomas J. NelsonJason S. NethercutMarkers of Allusion in Archaic Greek Poetry. By Thomas J. Nelson. Cambridge: Cambridge University Press, 2023. Pp. xvi + 441. ISBN: 9781009086882The thesis of this book is big and important. Nelson shows conclusively that metaliterary citation of engagement with other texts is not, as conventional wisdom maintains, the creation of bookish poets in Alexandria and their (...) Roman counterparts. In fact, every single category of what Nelson calls “indexicality” is fully on display in Archaic Greek poetry, often already in the Iliad and the Odyssey; such indexicality is regularly shown to be deployed via the exact same mechanisms and for the exact same poetic ends as what we witness five centuries later. Well produced, meticulously researched, and generally free of infelicities and errors, Nelson’s book is mandatory reading for Hellenists and Latinists alike and undoubtedly will remain a fixture in bibliographies for many years to come.Nelson breaks his argument into five chapters, beginning in Chapter 1 with methodological considerations regarding terminology, theory, audience, and, especially, the frameworks available for the phenomenon of allusion in Archaic Greek poetry, much of which we must situate in oral traditions. The footnotes to this chapter are especially comprehensive with respect to earlier scholarship on allusive indexing in Greco-Roman poetry; accordingly, this overview now represents the standard that will need to be consulted by anyone currently working on allusion and intertextuality. Chapters 2 to 4 each take up in turn a major category of indexicality, including footnoting (2), appeals to memory (3), and temporal appeals to generalized “earlier” authorities and “future” readers (4). The procedure is always to argue by demonstration; it is here that Nelson shines especially brightly, as he is an excellent close reader, and his examples are usually perfectly chosen to illustrate his point. Nelson opts sensibly to interpret the panoply of allusions he adduces in his book primarily as allusions to mythological fabulae, rather than to texts, although he does make space for allusion to earlier texts in this material, especially when there is no other reasonable explanation for the evidence he brings forward. Generally, this is all well done in a manner duly sensitive to the evidentiary uncertainties involved. While some readers might quibble with any given reading advanced by Nelson, the cumulative effect puts any case one could bring against his basic thesis out of court.Certain individual examples have the potential drastically to reorient our understanding of the relationship between our earliest Greek epics. To choose only one, but perhaps the most consequential: as part of his demonstration in Chapter 2 that the so-called “Alexandrian Footnote” must be reconceived as an [End Page 461] inherent component of Greek poetry from its inception, Nelson demonstrates that Homer’s generalized appeal to the tradition of Zeus’ battle with Typhoeus at the culmination of the catalogue of Greeks (φασί, Il. 2.783) actually invites comparison specifically with Hesiod’s inset narrative of this battle in the Theogony (esp. 843–7 and 857–9). Nelson adduces widespread similarities of language in the two descriptions (e.g., ἱμάσσῃ, Il. 2.782 ~ ἱμάσσας, Theog. 857; γαῖα δ’ ὑπεστενάχιζε, Il. 2.781, στεναχίζετο γαῖα, Il. 2.784 ~ Typhoeus: στενάχιζε δὲ γαῖα, Theog. 858; Zeus: ἐπεστενάχιζε δὲ γαῖα, Theog. 843; πυρὶ χθὼν πᾶσα νέμοιτο, Il. 2.780 ~ καῦμα... πυρός, Theog. 844–5, χθὼν πᾶσα, Theog. 847; and χθὼν | σμερδαλέον κονάβιζε, Il. 2.465–6 ~ σμερδαλέον κονάβησε, Theog. 840). More importantly, Nelson shows that the precise detail that Homer footnotes, namely that Typhoeus’ resting place (εὐνάς) is located among the Arimnoi (Il. 2.783), refutes Hesiod’s claim that the defeated Typhoeus is dispatched to Tartarus (Theog. 868) by cross-referencing Hesiod’s own singular footnote (φασί, Theog. 306) for the story that Typhoeus shared a “bed” with Echidna who resides, precisely, among the Arimnoi (Theog. 304–8). As Nelson puts it (81), “Homer’s φασί appears to index tradition precisely at the point where it is most contestable,” and he continues (83), “[i]f Homer and Hesiod were contemporaneous Hellenistic poets, scholars might argue that this pair of indices marks a reciprocal relationship between these two passages—a self-reflexive cycle of cross referencing, in which each author knowingly nods to the ‘talk’ of their poetic peer. In the context of archaic epic, however, it is likely... (shrink)

"The Personal is Political": This was an often-heard slogan of feminist groups in the late sixties and early seventies. The slogan is no doubt open to many interpretations. There is one interpretation which touches on the epistemology of social facts, viz. the slogan claims that in assessing the features of a political system, personal experiences have privileged evidentiary value. For instancte, in the face of third person reports about political corruption, I may remain unmoved in my belief that the (...) political powers are morally upstanding, and it is only when I myself am adversely affected, that I come to change my views. There are two standard patterns of explanation of this type of belief formation: (i) We know that third-person reports may be lessreliable than first-person experiences; (ii) If the third-person reports are no less reliable than first-person experiences, we may just be dealing with a standard pattern of epistemic irrationality. However, we argue that there is also a much more surprising pattern of explanation: under certain conditions, a Bayesian argument can be proffered to the effect that it is rational to change one's beliefs in the face of personal experiences and not in the face of third-person reports, even if these experiences and reports are equally reliable. Hence, the feminist slogan (at least on one particular interpretation of it) receives unexpected support from Bayesian comers. We also show that this pattern of explanation has surprising repercussions on the question of the evidentiary value of miracles in philosophy of religion. (shrink)

Two decades ago, the eminent evolutionary biologist George C. Williams and his physician coauthor, Randolph Nesse, formulated the evolutionary medicine research program. Williams and Nesse explicitly made adaptationism a core component of the new program, which has served to undermine the program ever since, distorting its practitioners’ perceptions of evidentiary burdens and in extreme cases has served to warp practitioner’s understandings of the relationship between evolutionary benefits/detriments and medical ones. I show that the Williams and Nesse program more particularly (...) embraces the panselectionist variety of adaptationism (the empirical assumption that non-adaptive evolutionary processes are causally unimportant compared to natural selection), and argue that this has harmed the field. Panselectionism serves to conceal the enormous evidentiary hurdles that evolutionary medicine hypotheses face, making them appear stronger than they are. I use two examples of evolutionary medicine texts, on neonatal jaundice and on asthma, to show that some evolutionary medicine practitioners have allowed their fervent panselectionism to directly shape their recommendations for clinical practice. I argue that this escalation of panselectionism’s influence is inappropriate under Williams’ and Nesse original stated standards, despite being inspired by their program. I also show that the examples’ conflation of clinical and evolutionary considerations is inappropriate even under Christopher Boorse’s controversial evolution-rooted concepts of disease and health. (shrink)