In this empirical paper, Jay, Stone, Meksin, Merck, Gordon and Hirst examine whether jury deliberations, in which individuals collaboratively recall and discuss evidence of a trial, shape the jurors’ memories. In doing so, Jay and colleagues provide a highly ecologically valid baseline for future investigation into why, how and when selective recall either facilitates remembering or leads to forgetting during jury deliberations. In particular, Jay et al. explore the specific social and cognitive mechanisms that might lead to either memory facilitation (...) (RIFA – Retrieval Induced Facilitation) and forgetting (RIF ‐ Retrieval Induced Forgetting) during jury deliberation. (shrink)

Through a selection of principal judicial decisions and significant fact situations from pre- and post-independent India, Pakistan, and Bangladesh, this volume provides an easy access to the basic principles and rules of Muslim law, and shows how case law acts as a social barometer and an instrument of change.

This article offers reflections on the practice of governement admission exams for foreign language teachers in Brazil basic education. To this end, we part from the theoretical contribution of an enunciative perspective (Maingueneau, 1984, 1987, 2000) and ergological concepts (Schwartz, 1988, 200) that takes into account a broaden conception of the work situation (Rocha, Daher & Ant’Anna, 2002). The reflections are also based on our work as a juror examiner to contribute to professional discussions of the work of linguists, (...) its possibilities of intervention on social issues, particularly those regarding impasses and renormalizations linked to the performance of such work. At the end, a post-scriptum is presented. (shrink)

Trial Courts all over the world have a common problem concerning how to regulate the number of jurors to summon so that there is a sufficient but not excess supply available for scheduled trials. Many trials end abruptly just before jurors are selected for voir dire. The reasons for this are diverse, including last minute settlements, guilty pleas, continuances, unavailability of witnesses, etc. This typically results in one-third to one-half of all summoned jurors never experiencing any activity at all — (...) they might as well have stayed at work or home.It is in the best interest of the Court, business community, taxpayers and citizenry to use the minimum number of jurors necessary to conduct trials on a timely basis. It was the goal of the Intelligent Summoner to meet this challenge, and it has succeeded beyond expectations. (shrink)

The totality of evidence heard in a trial is usually collectively inconsistent, indeed often jointly incoherent. In those cases in which each party offers its own theory of the evidence, an abduction is forwarded which best explains a coherent subset of the evidence. Since these are themselves often jointly incoherent subsets S and S*, we have the following difficulty. Opposing theories are those which purport best to explain different sets of the evidence. In that sense, they aren’t rival theories. How (...) could they be, since “E best explains S” and “~E best explains S*” could both be true? How can the defence’s theory of the case answer the prosecution’s if it does not in some sense contradict it? Examination of the empirical record suggests that when faced with this kind of incommensurability, jurors form their own evidential subsets, for which they themselves try to furnish seek for the best explanation. This at once raises a difficult question. On what basis does a juror select the evidence which his eventual abduction will best explain? It is well-understood that opposing counsel select their respective evidence-sets tendentiously, with a view to facilitation of the desired abduction. But jurors are sworn to objectivity and impartiality. How, or whether, jurors manage to fulfill this obligation is the subject of this paper. A solution will be proposed that draws on Simulation Theory, which arises from recent psychological research. (shrink)

The empirical turn in bioethics and the deliberative turn in democracy theory occurred at around the same time, one at the intersection of bioethics and social science,1 2 the other at the intersection of political philosophy and political science.3–5 Empirical bioethics and deliberative democratic approaches both engage with immediate problems in policy and practice with normative intent, so it was perhaps inevitable that they would eventually find one another,6–8 and that deliberative research would become more common in bioethics.9 This commentary (...) responds to a paper by Ford et al, who ran a single jury of 18 people in Brighton in the UK in June 2018.10 The jury were asked to consider whether secondary research use of non-structured, free-text data from medical records should be permitted. I will consider three issues: the effort required in deliberative work, the challenge of sampling and selection of jurors and the basis for drawing normative conclusions from deliberative research. First: this report makes clear the effort involved in running a jury. These researchers contracted an external agency experienced in the method, established an oversight committee of policy-makers with power to act, developed expert witness briefs, selected witnesses and coordinated their testimony, and created a questionnaire to measure participants’ views, activities to support their understanding, and a scenario for consideration. …. (shrink)

This paper discusses the possible use of functional magnetic-resonance imaging as potentially useful in jury selection. The author suggests that neuro-voir could provide greater impartiality of trials than the standard voir, while also preserving existing privacy protections for jurors. He predicts that ability to image and understand a wide range of brain activities, most notably bias-apprehension and lie detection, will render neuro-voir dire invaluable. However currently, such neuro-solutions remain preliminary.

A donation paradox occurs when a player gives an apparently valuable prerogative to another player, but ‘does better’, according to some criterion. Peremptory challenges, used in choosing a American jury, permit each side to veto a certain number of potential jurors. With even a very simple model of jury selection, it is shown that for one side to give a peremptory challenge to the other side may lead to a more favorable jury, an instance of the donation paradox. Both (...) a theorem and examples are given concerning the existence of the donation paradox in the optimal use of peremptory challenges. (shrink)

This book introduces a new form of argumentative analysis: rhetorical heuremes. The method applies the concepts of heuristic thinking, probability, and contingency in order to develop a better understanding of complex arguments in classical oratory. A new theory is required because Greek and Roman rhetoric cannot provide detailed answers to problems of strategic argumentation in the analysis of speeches. Building on scholarship in Ciceronian oratory, this book moves beyond the extant terminology and employs a concept of heuristic reasoning derived from (...) the psychology of decision making and mathematical problem solving. The author analyses selected passages from Cicero's forensic speeches where arguments of probability are deployed, and shows that the Sophistic concept of probability can link ancient rhetoric and modern theories of argumentation. Six groups of heuremes are identified, each of which represents a form of probabilistic reasoning by which the orator plays upon the perception of the jurors. (shrink)

Tampering with the judicial system has long been regarded as an unethical and illegal standard of corporate behavior. Advances in behavioral research have recently, however, skirted the letter of the law by applying consumer research techniques to the sampling universe from which prospective jurors are selected. This practice has resulted in an unfair and measurable advantage which offsets any balance of ethics and justice.This article adopts a protagonistic perspective to demonstrate research illustrating jury evaluation techniques. Because the legal system, which (...) is based on jurisprudence, does not have the ability or resources to monitor or regulate these practices, the question must be addressed within the domain of business ethics. ... Where does the balance of ethical justice lie? Is the sole objective to win and protect the bottom line of the corporate income statement, or does a code of business ethics apply? (shrink)

We note a range of interesting and challenging points which take forward the discourse around the ethics of sharing patient data. Of most note are criticisms of our jury recruitment and methods; questioning how we can engender trust and support from the wider, uninformed public when we only have the view of a small informed public; asking what work needs to be done to ethically transfer data from a clinical care setting to that of research; suggesting that dynamic consent with (...) opt-outs could be an avenue for allowing patients more control over the use of their medical data for research; and asking how we bridge from ‘is’ (a description of public views) to ‘ought’ (what should policy be?). The first criticisms to be addressed focus on the recruitment and methods of our jury, raised by Carter.1 She suggests that the selection of participants, using a population distribution of responses to a data-sharing question, resulted in a jury too positively oriented to data sharing at the outset. Further, she suggests that we counted individual votes rather than allowing the jury to come to a collective position, that jurors were not asked to prioritise the common good, that we present a lack of data from the jury’s deliberations, and as a result, there is a difficulty with evaluating the reasoning and authenticity of deliberation. Regarding recruitment of our jury, our stated aim, which we acknowledge is not shared by all juries, was to achieve a sample which broadly matched what we would expect if …. (shrink)

The Nature of Selection is a straightforward, self-contained introduction to philosophical and biological problems in evolutionary theory. It presents a powerful analysis of the evolutionary concepts of natural selection, fitness, and adaptation and clarifies controversial issues concerning altruism, group selection, and the idea that organisms are survival machines built for the good of the genes that inhabit them. "Sober's is the answering philosophical voice, the voice of a first-rate philosopher and a knowledgeable student of contemporary evolutionary theory. (...) His book merits broad attention among both communities. It should also inspire others to continue the conversation."-Philip Kitcher, Nature "Elliott Sober has made extraordinarily important contributions to our understanding of biological problems in evolutionary biology and causality. The Nature of Selection is a major contribution to understanding epistemological problems in evolutionary theory. I predict that it will have a long lasting place in the literature."-Richard C. Lewontin. (shrink)

In this paper Wimsatt's analysis of units of selection is taken as defining the units of selection question. A definition of levels of selection is offered and it is shown that the levels of selection question is quite different from the units of selection question. Some of the relations between units and levels are briefly explored. It is argued that the levels of selection question is the question relevant to explanatory concerns, and it is (...) suggested that it is the question relevant to ontological concerns. (shrink)

��In four experiments we address the question whether several visual objects can be selected voluntarily (exogenously) and then tracked in a Multiple Object Tracking paradigm and, if so, whether the selection involves a different process. Experiment 1 showed that items can indeed be selected based on their labels. Experiment 2 showed that to select the complement set to a set that is automatically (exogenously) selected — e.g. to select all objects not flashed — observers require additional time and that (...) given 1080 ms they were able to select and track them as well as those selected automatically. Experiment 3 showed that the additional time needed in the previous experiment cannot be attributed solely to time required to disengage attention from the initially automatic selections. Experiment 4 showed that the added time provides a monotonically greater benefit when there are more targets, suggesting a serial process. These results are discussed in relation to the Visual Index (FINST) theory which assumes that visual indexes are captured by a data-driven process. It is suggested that voluntarily allocated attention can be used to facilitate the automatic attention capture by objects of interest. (shrink)

Several evolutionary biologists have used a parsimony argument to argue that the single gene is the unit of selection. Since all evolution by natural selection can be represented in terms of selection coefficients attaching to single genes, it is, they say, "more parsimonious" to think that all selection is selection for or against single genes. We examine the limitations of this genic point of view, and then relate our criticisms to a broader view of the (...) role of causal concepts and the dangers of reification in science. (shrink)

The notion that "nature" comes equipped with its own set of categories, enabling us to divide up everything that exists without overlap or leftovers, has considerable explanatory and prescriptive power. I examine two apparently unrelated arenas in which this notion is at work; namely, in the alleged discovery and subsequent physical "improvement" of the headwaters of the Mississippi River, and in the surgical alteration of intersex infants. In both cases, reconstruction is undertaken as a means of eliminating an ambiguity regarded (...) as "unnatural" —an "error" in nature that culture must correct. Elilminating ambiguity, in turn, enables accessibility. Fixing a person or a river firmly in a category allows us to have various kinds of access to them. For a river, the access is in part physical; it means being able to walk up to its headwaters without wearing hip waders. For a person, the access is both intellectual and social; only once I know what sex a person, is do I know how to treat them, and only then do I know whether they are an "appropriate" object of my erotic attention. (shrink)

One way to understand science is as a selection process. David Hull, one of the dominant figures in contemporary philosophy of science, sets out in this 2001 volume a general analysis of this selection process that applies equally to biological evolution, the reaction of the immune system to antigens, operant learning, and social and conceptual change in science. Hull aims to distinguish between those characteristics that are contingent features of selection and those that are essential. Science and (...) Selection brings together many of David Hull's most important essays on selection in one accessible volume. (shrink)

In a recent issue of this journal, Vandermassen suggested that feminists should include sexual selection theory and evolutionary psychology in a unifying theory of human nature. In response, this article aims to offer some insight into the development of sexual selection theory, to caution against Vandermassen's unreserved assimilation and to promote the opposite ongoing integration — an inclusion of gender perspectives into evolutionary biology. In society today, opinions about maintaining traditional sex roles are often put forward on the (...) basis of what is natural and how animals behave. However, the natural sciences have proved to be pervaded by gendered values and interests; Darwin's theory of sexual selection has been criticized for being male biased, and partly due to the unwillingness of Darwin's scientific contemporaries to accept female choice, research has been overwhelmingly focused on males. More recently, theory has become less gender biased and research has come to include a large variety of issues not present in the first version of the theory. However, there is a need to increase the awareness of gender bias in order to develop a gender-neutral evolutionary biology. (shrink)

Causal selection is the task of picking out, from a field of known causally relevant factors, some factors as elements of an explanation. The Causal Parity Thesis in the philosophy of biology challenges the usual ways of making such selections among different causes operating in a developing organism. The main target of this thesis is usually gene centrism, the doctrine that genes play some special role in ontogeny, which is often described in terms of information-bearing or programming. This paper (...) is concerned with the attempt of confronting the challenge coming from the Causal Parity Thesis by offering principles of causal selection that are spelled out in terms of an explicit philosophical account of causation, namely an interventionist account. I show that two such accounts that have been developed, although they contain important insights about causation in biology, nonetheless fail to provide an adequate reply to the Causal Parity challenge: Ken Waters's account of actual-difference making and Jim Woodward's account of causal specificity. A combination of the two also doesn't do the trick, nor does Laura Franklin-Hall's account of explanation (in this volume). We need additional conceptual resources. I argue that the resources we need consist in a special class of counterfactual conditionals, namely counterfactuals the antecedents of which describe biologically normal interventions. (shrink)

Top scholars examine the work of Donald T. Campbell, one of the first to emphasize the social structure of science.

Does natural selection act primarily on individual organisms, on groups, on genes, or on whole species? The question of levels of selection - on which biologists and philosophers have long disagreed - is central to evolutionary theory and to the philosophy of biology. Samir Okasha's comprehensive analysis gives a clear account of the philosophical issues at stake in the current debate.

Darwinians are realists about the force of selection, but there has been surprisingly little discussion about what form this realism should take. Arguments about the units of selection in general and genic selectionism in particular reveal two realist assumptions: (1) for any selection process, there is a uniquely correct identification of the operative selective forces and the level at which each impinges; and (2) selective forces must satisfy the Pareto-style requirement of probabilistic causation. I argue that both (...) assumptions are false; we must temper realism about the force of selection and revise the way we think about probabilistic causation. (shrink)

This anthology collects some of the most important papers on what is believed to be the major force in evolution, natural selection. An issue of great consequence in the philosophy of biology concerns the levels at which, and the units upon which selection acts. In recent years, biologists and philosophers have published a large number of papers bearing on this subject. The papers selected for inclusion in this book are divided into three main sections covering the history of (...) the subject, explaining its conceptual foundations, and focusing on kin and group selection and higher levels of selection.One of the book's interesting features is that it draws together material from the biological and philosophical literatures. The philosophical literature, having thoroughly absorbed the biological material, now offers conceptual tools suitable for the reworking of the biological arguments. Although a full symbiosis has yet to develop, this anthology offers a unique resource for students in both biology and philosophy.Robert N. Brandon is Professor in the Philosophy Department, Duke University. Richard M. Burian is Professor of Philosophy and Department Chairman, Virginia Polytechnic Institute and State University.A Bradford Book. (shrink)

Authors frequently refer to gene-based selection in biological evolution, the reaction of the immune system to antigens, and operant learning as exemplifying selection processes in the same sense of this term. However, as obvious as this claim may seem on the surface, setting out an account of “selection” that is general enough to incorporate all three of these processes without becoming so general as to be vacuous is far from easy. In this target article, we set out (...) such a general account of selection to see how well it accommodates these very different sorts of selection. The three fundamental elements of this account are replication, variation, and environmental interaction. For selection to occur, these three processes must be related in a very specific way. In particular, replication must alternate with environmental interaction so that any changes that occur in replication are passed on differentially because of environmental interaction. One of the main differences among the three sorts of selection that we investigate concerns the role of organisms. In traditional biological evolution, organisms play a central role with respect to environmental interaction. Although environmental interaction can occur at other levels of the organizational hierarchy, organisms are the primary focus of environmental interaction. In the functioning of the immune system, organisms function as containers. The interactions that result in selection of antibodies during a lifetime are between entities (antibodies and antigens) contained within the organism. Resulting changes in the immune system of one organism are not passed on to later organisms. Nor are changes in operant behavior resulting from behavioral selection passed on to later organisms. But operant behavior is not contained in the organism because most of the interactions that lead to differential replication include parts of the world outside the organism. Changes in the organism's nervous system are the effects of those interactions. The role of genes also varies in these three systems. Biological evolution is gene-based (i.e., genes are the primary replicators). Genes play very different roles in operant behavior and the immune system. However, in all three systems, iteration is central. All three selection processes are also incredibly wasteful and inefficient. They can generate complexity and novelty primarily because they are so wasteful and inefficient. Key Words: evolution; immunology; interaction; operant behavior; operant learning; replication; selection; variation. (shrink)

natural selection may show why all (most, some) humans have an opposable thumb, but cannot show why any particular human has one, Karen Neander ([1995a], [1995b]) argues that this is false because natural selection is 'cumulative'. It is argued here, on grounds independent of its cumulativity, that selection can explain the characteristics of individual organisms subsequent to the event. The difference of opinion between Sober and his critics turns on an ontological dispute about how organisms are identified (...) and individuated. The assumption that Sober needs to make his point is extraneous to population genetics, and, for this reason, gratuitous. (shrink)

Darwin hypothesized that some animals, when selecting sexual partners, possess a genuine “sense of beauty” that cannot be accounted for by the logic of natural selection. This hypothesis has been notoriously controversial. In this chapter I propose that the concept of agency can be useful to operationalize the “sense of beauty”, and can help identify the conditions under which one can infer that animals are acting as (aesthetic) agents. Focusing on a case study of the behavior of the Pavo (...) cristatus, I identify the types of evidence that would allow for the inference of agency through aesthetic choice. (shrink)

Realism/Antirealism Debate: A Selection of the Most Important Arguments of the Debate. The present article intends to explore features of the realism/antirealism dispute. The intention is to offer arguments in favor of both sides for a better understanding of the debate. The article wants to use both logical arguments and sociological or psychological ones.

Recent solutions to the curve-fitting problem, described in Forster and Sober ([1995]), trade off the simplicity and fit of hypotheses by defining simplicity as the paucity of adjustable parameters. Scott De Vito ([1997]) charges that these solutions are 'conventional' because he thinks that the number of adjustable parameters may change when the hypotheses are described differently. This he believes is exactly what is illustrated in Goodman's new riddle of induction, otherwise known as the grue problem. However, the 'number of adjustable (...) parameters' is actually a loose way of referring to a quantity that is not language dependent. The quantity arises out of Akaike's theorem in a way that ensures its language invariance. (shrink)

Clatterbuck et al. (Biol Philos 28: 577–592, 2013) argue that there is no fact of the matter whether selection dominates drift or vice versa in any particular case of evolution. Their reasons are not empirically based; rather, they are purely conceptual. We show that their conceptual presuppositions are unmotivated, unnecessary and overly complex. We also show that their conclusion runs contrary to current biological practice. The solution is to recognize that evolution involves a probabilistic sampling process, and that drift (...) is a deviation from probabilistic expectation. We conclude that conceptually, there are no problems with distinguishing drift from selection, and empirically—as modern science illustrates—when drift does occur, there is a quantifiable fact of the matter to be discovered. (shrink)

In both biology and the human sciences, social groups are sometimes treated as adaptive units whose organization cannot be reduced to individual interactions. This group-level view is opposed by a more individualistic one that treats social organization as a byproduct of self-interest. According to biologists, group-level adaptations can evolve only by a process of natural selection at the group level. Most biologists rejected group selection as an important evolutionary force during the 1960s and 1970s but a positive literature (...) began to grow during the 1970s and is rapidly expanding today. We review this recent literature and its implications for human evolutionary biology. We show that the rejection of group selection was based on a misplaced emphasis on genes as “replicators” which is in fact irrelevant to the question of whether groups can be like individuals in their functional organization. The fundamental question is whether social groups and other higher-level entities can be “vehicles” of selection. When this elementary fact is recognized, group selection emerges as an important force in nature and what seem to be competing theories, such as kin selection and reciprocity, reappear as special cases of group selection. The result is a unified theory of natural selection that operates on a nested hierarchy of units.The vehicle-based theory makes it clear that group selection is an important force to consider in human evolution. Humans can facultatively span the full range from self-interested individuals to “organs” of group-level “organisms.” Human behavior not only reflects the balance between levels of selection but it can also alter the balance through the construction of social structures that have the effect of reducing fitness differences within groups, concentrating natural selection (and functional organization) at the group level. These social structures and the cognitive abilities that produce them allow group selection to be important even among large groups of unrelated individuals. (shrink)

Studies of group selection have been done with both natural and manipulated populations using plants, insects and birds. Group selection occurred in all studies and often the strength of group selection was equal to that of individual selection. Laboratory selection experiments resulted in the opposite response to individual selection than that predicted. Selection with plants for high leaf area resulted in plants with smaller leaf area and selection for high emigration rate in (...) beetles produced lines with lower rates. The selected traits included interactions among individuals. Theoretical studies have shown that genetically based interactions among individuals can interfere with individual selection. Evolution can be partitioned into selection and the response to selection. A response to selection requires genetic variation. Properties of group genetic structure for the natural populations are discussed. The experimental populations had controlled group structure and demonstrate that populations can respond to group selection under some genetic structures. (shrink)

Evidence is presented for the notion that selection-for-perception and selection-for-action progress in parallel to become tightly coupled at the saccade target before the execution of the movement. Such a conception might be incorporated in the E-Z Reader model of eye-movement control in reading.

I argue that population-level selection does not necessarily have to be invoked to explain the polymorphism at the MHC locus. I argue that the authors' attempt to model operant conditioning in Darwinian terms faces a serious problem. Depending on how many operant responses we take to comprise a sequence, different conclusions about whether or not evolution is occurring in an operant lineage will be reached.