This paper examines the concept of coherence and its role in legal reasoning. First, it identifies some problem areas confronting coherence theories of legal reasoning about both disputed questions of fact and disputed questions of law. Second, with a view to solving these problems, it proposes a coherence model of legal reasoning. The main tenet of this coherence model is that a belief about the law and the facts under dispute is justified if it is “optimally coherent,” that is, if (...) it is such that an epistemically responsible legal decision-maker would have accepted it as justified by virtue of its coherence in like circumstances. Last, looking beyond the coherence theory, the paper explores the implications of the version of legal coherentism proposed for a general theory of legal reasoning and rationality. (shrink)

This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal decision-making.

abstract This paper is an investigation of the moral psychology of decisions that involve a conflict of interest. It draws on the burgeoning field of affective neuroscience, which is the study of the neurobiology of emotional systems in the brain. I show that a recent neurocomputational model of how the brain integrates cognitive and affective information in decision‐making can help to answer some important descriptive and normative questions about the moral psychology of conflicts of interest. These questions include: Why are (...) decisions that involve conflicts of interest so common? Why are people so often unaware that they are acting immorally as the result of conflicts of interest? What is the relation of conflicts of interest to other kinds of irrationality, especially self‐deception and weakness of will? What psychological, social, and logical steps can be taken to reduce the occurrence of immoral decisions resulting from conflicts of interest? I discuss five strategies for dealing with conflicts of interest: avoidance, optimal reasoning patterns, disclosure, social oversight, and understanding of neuropsychological processes. (shrink)

This paper develops a descriptive and normative account of how people respond to testimony. It postulates a default pathway in which people more or less automatically respond to a claim by accepting it, as long as the claim made is consistent with their beliefs and the source is credible. Otherwise, people enter a reflective pathway in which they evaluate the claim based on its explanatory coherence with everything else they believe. Computer simulations show how explanatory coherence can be maximized in (...) real-life cases, taking into account all the relevant evidence including the credibility of whoever is making a claim. The explanatory-coherence account is more plausible both descriptively and normatively than a Bayesian account. (shrink)

This paper uses a psychological/computational theory of emotional coherence to explain several aspects of religious belief and practice. After reviewing evidence for the importance of emotion to religious thought and cognition in general, it describes psychological and social mechanisms of emotional cognition. These mechanisms are relevant to explaining the acquisition and maintenance of religious belief, and also shed light on such practices as prayer and other rituals. These psychological explanations are contrasted with ones based on biological evolution.

The authors present a neurological theory of how cognitive information and emotional information are integrated in the nucleus accumbens during effective decision making. They describe how the nucleus accumbens acts as a gateway to integrate cognitive information from the ventromedial prefrontal cortex and the hippocampus with emotional information from the amygdala. The authors have modeled this integration by a network of spiking artificial neurons organized into separate areas and used this computational model to simulate 2 kinds of cognitive–affective integration. The (...) model simulates successful performance by people with normal cognitive–affective integration. The model also simulates the historical case of Phineas Gage as well as subsequent patients whose ability to make decisions became.. (shrink)

Darwin’s theory of evolution by natural selection is central to modern biology, but is resisted by many people. This paper discusses the major psychological obstacles to accepting Darwin’s theory. Cognitive obstacles to adopting evolution by natural selection include conceptual difficulties, methodological issues, and coherence problems that derive from the intuitiveness of alternative theories. The main emotional obstacles to accepting evolution are its apparent conflict with valued beliefs about God, souls, and morality. We draw on the philosophy of science and on (...) a psychological theory of cognitive and emotional belief revision to make suggestions about what can be done to improve acceptance of Darwinian ideas. (shrink)

This article challenges the common view that improvements in critical thinking are best pursued by investigations in informal logic. From the perspective of research in psychology and neuroscience, hu-man inference is a process that is multimodal, parallel, and often emo-tional, which makes it unlike the linguistic, serial, and narrowly cog-nitive structure of arguments. At-tempts to improve inferential prac-tice need to consider psychological error tendencies, which are patterns of thinking that are natural for peo-ple but frequently lead to mistakes in judgment. (...) This article discusses two important but neglected error ten-dencies: motivated inference and fear-driven inference. (shrink)

This paper proposes a theory of how conscious emotional experience is produced by the brain as the result of many interacting brain areas coordinated in working memory. These brain areas integrate perceptions of bodily states of an organism with cognitive appraisals of its current situation. Emotions are neural processes that represent the overall cognitive and somatic state of the organism. Conscious experience arises when neural representations achieve high activation as part of working memory. This theory explains numerous phenomena concerning emotional (...) consciousness, including differentiation, integration, intensity, valence, and change. Ó 2007 Elsevier Inc. All rights reserved. (shrink)

This paper presents a theory and computational model of the role of emotions in group decision making. After reviewing the role of emotions in individual decision making, it describes social and psychological mechanisms by which emotional and other information is transmitted between individuals. The processes by which these mechanisms can contribute to group consensus are modeled computationally using a program, HOTCO 3, which has been used to simulate simple cases of emotion-based group decision making.

The implicit dimension of enthymemes is investigated from a pragmatic perspective to show why a premise can be left unexpressed, and how it can be used strategically. The relationship between the implicit act of taking for granted and the pattern of presumptive reasoning is shown to be the cornerstone of kairos and the fallacy of straw man. By taking a proposition for granted, the speaker shifts the burden of proving its un-acceptability onto the hearer. The resemblance of the tacit premise (...) with what is commonly acceptable or has been actually stated can be used as a rhetorical strategy. (shrink)

Special issue. With contributions by Luc Bovens and Stephan Hartmann, David Glass, Keith Lehrer, Erik Olsson, Tomoji Shogenji, Mark Siebel, and Paul Thagard.

Reasoning by jurors concerning whether an accused person should be convicted of committing a crime is a kind of casual inference. Jurors need to decide whether the evidence in the case was caused by the accused’s criminal action or by some other cause. This paper compares two computational models of casual inference: explanatory coherence and Bayesian networks. Both models can be applied to legal episodes such as the von Bu¨low trials. There are psychological and computational reasons for preferring the explanatory (...) coherence account of legal inference. (shrink)

Biology is the study of life, psychology is the study of mind, and medicine is the investigation of the causes and treatments of disease. This chapter describes how the central concepts of life, mind, and disease have undergone fundamental changes in the past 150 years or so. There has been a progression from theological, to qualitative, to mechanistic explanations of the nature of life, mind and disease. This progression has involved both theoretical change, as new theories with greater explanatory power (...) replaced older ones, and emotional change as the new theories brought reorientation of attitudes toward the nature of life, mind, and disease. After a brief comparison of theological, qualitative, and mechanistic explanations, I will describe how shifts from one kind of explanation to another have carried with them dramatic kinds of conceptual change in the key concepts in the life sciences. Three generalizations follow about the nature of conceptual change in the history of science: there has been a shift from conceptualizations in terms of simple properties to ones in terms of complex relations; conceptual change is theory change; and conceptual change is often emotional as well as cognitive. The contention that historical development proceeds in three stages originated with the nineteenth-century French philosophers, Auguste Comte, who claimed that November 9, 2006 human intellectual development progresses from a theological to a “metaphysical” stage to a “positive” (scientific) stage (Comte, 1988). The stages I have in mind are different from Comte’s, so let me say what they involve. By the theological stage I mean systems of thought in which the primary explanatory entities are supernatural ones beyond the reach of science, such as gods, devils, angels, spirits, and souls. For example, the concept of fire was initially theological, as in the Greek myth of Prometheus receiving fire from the gods.. (shrink)

��This article reviews a theory of explanatory coherence that provides a psychologically plausible account of how people evaluate competing explanations. The theory is implemented in a computational model that uses simple artificial neural networks to simulate many important cases of scientific and legal reasoning. Current research directions include extensions to emotional thinking and implementation in more biologically realistic neural networks.

Barnes, A. and P. Thagard Empathy and analogy. Dialogue: Canadian Philosophical Review, 36: 705-720. HTML Croft, D., & Thagard, P.. Dynamic imagery: A computational model of motion and visual analogy. In L. Magnani and N. Nersessian, Model-based reasoning: Science, technology, values. New York: Kluwer/Plenum, 259-274. PDF only. HTML description of program and code for DIVA.