Criminal offences and regulatory breaches in using social networking evidence in personal injury litigation Pages 2-7 Current Criminal Law ISSN 1758-8405 Volume 2 Issue 3 March 2010 Author SALLY RAMAGE WIPO 900614 UK TM 2401827 USA TM 3,440.910 Orchid ID 0000-0002-8854-4293 Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Publisher & Managing Editor, Criminal Lawyer series [1980-2022](ISSN 2049-8047); Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson (...) Reuters) (Licensed Annotator of UK Statutes) in Current Law Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. Trade Mark SALLY RAMAGE ® 2401827 (2005-2025) in the UK, WIPO Trade Mark SALLY RAMAGE® 900164; USA-(Trade Mark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. Essentially, Social Network information may not always be admissible in a court of law but may be the door to lead to other, non-contentious evidence. In fact, even illegally obtained evidence may sometimes be admissible evidence, though this is not absolute. Most of the information available on social networking sites will be ‘personal data’. The data controller is the network operator, without whose consent, collecting such information could be an offence, unless it was necessary for the purpose of preventing or detecting crime. (shrink)

Cosmopolitanism – the view that moral concern, and consequently moral duties, are not limited by borders – seems to justify colonialism with a ‘civilizing’ mission, because it supports the enforcement of moral norms universally, with no distinctions between territories, and settler colonialism, because it promotes ideas like common ownership of the Earth and open borders. I argue that existing attempts to defend cosmopolitanism from this worry fail, and that instead the cosmopolitan should embrace a cosmopolitan instrumentalist defence. According to (...) cosmopolitan instrumentalism, colonialism is wrong (when it is wrong) for instrumental reasons: it has all sorts of terrible effects. There is nothing per se wrong with colonialism itself, so cosmopolitanism need not worry about licencing it in principle. There is much that is wrong with colonialism in practice, so cosmopolitanism can easily condemn colonialism as egregiously wrong, although it cannot condemn it as per se or necessarily wrong. (shrink)

According to John D. Norton's Material Theory of Induction, all inductive inferences are justified by local facts, rather than their formal features or some grand principles of nature's uniformity. Recently, Richard Dawid (Found Phys 45(9):1101–1109, 2015) has offered a challenge to this theory: in an adaptation of Norton's own celebrated "Dome" thought experiment, it seems that there are certain inductions that are intuitively reasonable, but which do not have any local facts that could serve to justify them in accordance with (...) Norton's requirements. Dawid's suggestion is that “raw induction” might have a limited but important role for such inferences. I argue that the Material Theory can accommodate such inductions, because there are local facts concerning the combinatoric features of the induction’s target populations that can licence the inferences in an analogous way to existing examples of material induction. Since my arguments are largely independent of the details of the Dome, Norton's theory emerges as surprisingly robust against criticisms of excessive narrowness. (shrink)

Under no circumstances should the absurd "right to roam‟ be incorporated into the legislation of this country. In reality, it is clearly a mere licence to trespass. Armed with the appropriate economic and philosophical arguments, we should eventually be able to offer an effective counter-attack with a movement for the "right to own‟ privately every last one of the state-controlled commons, heaths, hills, mountains, downs, woodlands, rivers, beaches, and footpaths. As a result, there will be no imposition on legitimate (...) landowners and more access to better resources for ramblers. (shrink)

The main aim of our paper is to identify the potential limits of Socratic dialogue in moral education. These limits will be identified using a) the original ancient writings preserving several versions of Socrates’ dialogue, and b) modern writing on the Socrates’ dialogue in moral education. We will determine whether these limits are to be found in the writing of Plato or Xenophon, or rather in the problems and paradoxes of this type of education. We assume that a historical exploration (...) of the original Socratic philosophy will help us to more easily identify the limits and problems in moral education. However, our intention is not to reject the Socratic dialogue as such, but merely to point out some of the potentially controversial aspects of its use in moral education. (shrink)

Limited aggregationists argue that when deciding between competing claims to aid we are sometimes required and sometimes forbidden from aggregating weaker claims to outweigh stronger claims. Joe Horton presents a ‘fatal dilemma’ for these views. Views that land on the First Horn of his dilemma suggest that a previously losing group strengthened by fewer and weaker claims can be more choice-worthy than the previously winning group strengthened by more and stronger claims. Views that land on the Second Horn suggest (...) that combining two losing groups together and two winning groups together can turn the losing groups into the winning groups and the winning groups into the losing groups. This paper demonstrates that the ‘fatal dilemma’ is neither fatal nor a dilemma. The First Horn is devastating but avoidable and the Second Horn is unavoidable but not devastating. Nevertheless, Horton’s argument does help to narrow down the acceptable range of views. (shrink)

The essays in this volume investigate the question of where, and in what sense, the bounds of intelligible thought, knowledge, and speech are to be drawn. Is there a way in which we are limited in what we think, know, and say? And if so, does this mean that we are constrained – that there is something beyond the ken of human intelligibility of which we fall short? Or is there another way to think about these limits of intelligibility (...) – namely, as conditions of our meaning and knowing anything, beyond which there is no specifiable thing we cannot do? -/- These issues feature prominently in the writings of Kant and Wittgenstein who each engaged with them in unique and striking ways. Their thoughts on the matter remain provocative and stimulating, and accordingly the contributions to this volume address the issues surrounding the limits of intelligibility both exegetically and systematically: they examine how they figure in Kant’s and Wittgenstein’s most significant works and put them in touch with contemporary debates that are shaped by their legacy. These debates concern, inter alia, logically and morally alien thought, the semantics and philosophy of negation, disjunctivism in philosophy of perception and ethics, paraconsistent approaches to contradiction, and the relation between art, literature, and philosophy. The book is divided into four parts: Part I gives a first assessment of the issues, Part II examines limits as they feature in Kant, Part III as they feature in Wittgenstein, and Part IV suggests some ways in which the questions at issue might be reconsidered, drawing upon ideas in phenomenology, dialetheism, metamathematics, and the works of other influential authors. -/- Limits of Intelligibility provides insight into a theme that is central to the thought of two of the most important figures in modern philosophy, as well as to recent metaphysics, philosophy of language, philosophy of logic, epistemology, and ethics. (shrink)

Conceptual limitations restrict our epistemic options. One cannot believe, disbelieve, or doubt what one cannot grasp. I show how, even granting an epistemic ought-implies-can principle, such restrictions might lead to epistemic dilemmas: situations where each of one’s options violates some epistemic requirement. An alternative reaction would be to take epistemic norms to be sensitive to one’s options in ways that ensure dilemmas never arise. I propose, on behalf of the dilemmist, that we treat puzzlement as a kind of epistemic residue, (...) roughly analogous with guilt, appropriate only when one has violated an epistemic requirement. Sometimes, in bumping up against the limits of one’s concepts, it is appropriate to be puzzled no matter what one believes. Puzzlement can thus play the same role in an epistemic dilemmist’s theory that guilt plays in the theories of many moral dilemmists. (shrink)

The Limits of Free Will presents influential articles by Paul Russell concerning free will and moral responsibility. The problems arising in this field of philosophy, which are deeply rooted in the history of the subject, are also intimately related to a wide range of other fields, such as law and criminology, moral psychology, theology, and, more recently, neuroscience. These articles were written and published over a period of three decades, although most have appeared in the past decade. Among the topics (...) covered: the challenge of skepticism; moral sentiment and moral capacity; necessity and the metaphysics of causation; practical reason; free will and art; fatalism and the limits of agency; moral luck, and our metaphysical attitudes of optimism and pessimism. (shrink)

The more the number of people who live on Earth grows, the more significant are the cuts individuals must accept in realization of their own freedom, so as not to limit the freedom of others. With the growing population on the finite planet the real space for freedom of each individual decreases. Moreover, the growth of complexity of the global industrial civilization increases the degree of interdependence on one hand, on the other the degree of mutual trust decreases as a (...) result of the imperative of growth and profit, and without it no human society can function in the long term. Access to sources necessary for the realization of fundamental freedoms is unequal, and, in fact, it thus limits its accessibility for the majority of human population. Philosophical reflection then should cope with question, whether the range of guaranteed freedoms can be broadened or at least sustained when the space for its realization with the growing human population struggling for increasingly limited resources narrows. (shrink)

Do motivational limitations due to human nature constrain the demands of justice? Among those who say no, David Estlund offers perhaps the most compelling argument. Taking Estlund’s analysis of “ability” as a starting point, I show that motivational deficiencies can constrain the demands of justice under at least one common circumstance — that the motivationally-deficient agent makes a good faith effort to overcome her deficiency. In fact, my argument implies something stronger; namely, that the demands of justice are constrained by (...) what people are sufficiently likely to be motivated to do. Thus, contrary to the prevailing wisdom, it is the business of ideal theory — not just nonideal theory — to work with the motivational capacities people are likely enough to have. (See also Estlund's reply in the same issue of EJPT and my rejoinder on Philpapers.). (shrink)

Many of us believe (1) Saving a life is more important than averting any number of headaches. But what about risky cases? Surely: (2) In a single choice, if the risk of death is low enough, and the number of headaches at stake high enough, one should avert the headaches rather than avert the risk of death. And yet, if we will face enough iterations of cases like that in (2), in the long run some of those small risks of (...) serious harms will surely eventuate. And yet: (3) Isn't it still permissible for us to run these repeated risks, despite that knowledge? After all, if it were not, then many of the risky activities that we standardly think permissible would in fact be impermissible. Nobody has yet offered a principle that can accommodate all of 1-3. In this paper, I show that we can accommodate all of these judgements, by taking into account both ex ante and ex post perspectives. In doing so, I clear aside an important obstacle to a viable deontological decision theory. (shrink)

This article highlights the limitations of the tendency to frame health- and wellbeing-related digital tools (mHealth technologies) as empowering devices, especially as they play an increasingly important role in the National Health Service (NHS) in the UK. It argues that mHealth technologies should instead be framed as digital companions. This shift from empowerment to companionship is advocated by showing the conceptual, ethical, and methodological issues challenging the narrative of empowerment, and by arguing that such challenges, as well as the risk (...) of medical paternalism, can be overcome by focusing on the potential for mHealth tools to mediate the relationship between recipients of clinical advice and givers of clinical advice, in ways that allow for contextual flexibility in the balance between patiency and agency. The article concludes by stressing that reframing the narrative cannot be the only means for avoiding harm caused to the NHS as a healthcare system by the introduction of mHealth tools. Future discussion will be needed on the overarching role of responsible design. (shrink)

When should you engage with difficult arguments against your cherished controversial beliefs? The primary conclusion of this book is that your obligations to engage with counterarguments are more limited than is often thought. In some standard situations, you shouldn't engage with difficult counterarguments and, if you do, you shouldn't engage with them open-mindedly. This conclusion runs counter to aspects of the Millian political tradition and political liberalism, as well as what people working in informal logic tend to say about (...) argumentation. -/- Not all misleading arguments wear their flaws on their sleeve. Each step of a misleading argument might seem compelling and you might not be able to figure out what's wrong with it. Still, even if you can't figure out what's wrong with an argument, you can know that it's misleading. One way to know that an argument is misleading is, counterintuitively, to lack expertise in the methods and evidence-types employed by the argument. When you know that a counterargument is misleading, you shouldn't engage with it open-mindedly and sometimes shouldn't engage with it at all. You shouldn't engage open-mindedly because you shouldn't be willing to reduce your confidence in response to arguments you know are misleading. And you sometimes shouldn't engage closed-mindedly, because to do so can be manipulative or ineffective. -/- In making this case, Jeremy Fantl discusses echo chambers and group polarization, the importance in academic writing of a sympathetic case for the opposition, the epistemology of disagreement, the account of open-mindedness, and invitations to problematic academic speakers. (shrink)

Tim Button explores the relationship between words and world; between semantics and scepticism. -/- A certain kind of philosopher – the external realist – worries that appearances might be radically deceptive. For example, she allows that we might all be brains in vats, stimulated by an infernal machine. But anyone who entertains the possibility of radical deception must also entertain a further worry: that all of our thoughts are totally contentless. That worry is just incoherent. -/- We cannot, then, be (...) external realists, who worry about the possibility of radical deception. Equally, however, we cannot be internal realists, who reject all possibility of deception. We must position ourselves somewhere between internal realism and external realism, but we cannot hope to say exactly where. We must be realists, for what that is worth, and realists within limits. -/- In establishing these claims, The Limits of Realism critically explores and develops several themes from Hilary Putnam’s work: the model-theoretic arguments; the connection between truth and justification; the brain-in-vat argument; semantic externalism; and conceptual relativity. The book establishes the continued significance of these topics for all philosophers interested in mind, logic, language, or the possibility of metaphysics. (shrink)

Gallbladder disease commonly affects the general population of Western developed nations and the standard surgical treatment of laparoscopic cholecystectomy normally follows severe cases of this condition. However, the negative health and life quality consequences of this standard line of treatment are lesser known and stand the chance of being taken lightly by healthcare professionals. Complications include bile duct injury, dropped gallstones and a second open invasive surgery, of which could be life threatening for some rare cases. It is, therefore, necessary (...) to highlight the limitations of such a procedure and the need for improvement and widening of the range of treatment options for vulnerable members of the patient population. Additionally, here is a brief overview introduction of a new procedure called endoscopic ultrasound guided gallbladder drainage with promising success rates that can be a potentially feasible alternative to traditional surgical procedures to offer gallbladder disease patients. (shrink)

When we abandon the neoliberal fiction that one is independent on the grounds that it is a-historic and antisocial, we realize that everyone is dependent and interdependent. In a media-driven society the self-identity of the individual is formed within the framework of the culture-ideology of consumerism from early childhood. As a result, both the environmental and social destruction have intensified. In the global era, or in the era of the global environmental crisis, self-identity as a precondition for environmentally sustainable care (...) of the self should be based on the culture-ideology of human rights and responsibilities, and on conscious self-limitation which realizes that one’s prosperity and security cannot come at the expense of others. Care of the self is about ensuring the habitability of the global environment as the primary interest of each individual. (shrink)

Since the mid to late 1970s, the traditional paradigm of cognitive theory has been increasingly questioned in the fields of philosophy, psychology, cognitive science, and artificial intelligence. With the rise of embodied cognition, psychologists have begun to understand conceptual representation in terms of embodiment, emphasizing the role of the subject's sensorimotor system and bodily experience in conceptual representation. Although there is a large body of empirical research to support the theory of embodied cognition, it still fails to provide a reasonable (...) account of the representation of abstract concepts. Recent empirical studies have shown that concrete concepts and abstract concepts involve different forms of conceptual representation. Thus, it appears that the mechanism of concept representation is multiple. Although the multiple representation hypotheses have shown more plausibility and theoretical potential beyond the reach of embodied theory, there are still many problems with the theory that need further exploration. (shrink)

ABSTRACTIn this paper I defend a form of epistocracy I call limited epistocracy – rule by institutions housing expertise in non-political areas that become politically relevant. This kind of limited epistocracy, I argue, isn't a far-off fiction. With increasing frequency, governments are outsourcing political power to expert institutions to solve urgent, multidimensional problems because they outperform ordinary democratic decision-making. I consider the objection that limited epistocracy, while more effective than its competitors, lacks a fundamental intrinsic value that (...) its competitors have; namely, political inclusion. After explaining this challenge, I suggest that limited epistocracies can be made compatible with robust political inclusion if specialized institutions are confined to issuing directives that give citizens multiple actionable options. I explain how this safeguards citizens’ inclusion through rational deliberation, choice, and contestation. (shrink)

In this paper I argue that pluralism at the level of logical systems requires a certain monism at the meta-logical level, and so, in a sense, there cannot be pluralism all the way down. The adequate alternative logical systems bottom out in a shared basic meta-logic, and as such, logical pluralism is limited. I argue that the content of this basic meta-logic must include the analogue of logical rules Modus Ponens and Universal Instantiation. I show this through a detailed (...) analysis of the ‘adoption problem’, which manifests something special about MP and UI. It appears that MP and UI underwrite the very nature of a logical rule of inference, due to all rules of inference being conditional and universal in their structure. As such, all logical rules presuppose MP and UI, making MP and UI self-governing, basic, unadoptable, and required in the meta-logic for the adequacy of any logical system. (shrink)

In this paper, I provide a characterisation of a neglected form of humility: magnanimous humility. Unlike most contemporary analyses of humility, magnanimous humility is not about limitations but instead presupposes that one possesses some entitlement in a context. I suggest that magnanimous intellectual humility (IH) consists in a disposition to appropriately refrain from exercising one’s legitimate epistemic entitlements because one is appropriately motivated to pursue some epistemic good. I then shown that Magnanimous IH has an important role to play in (...) contexts of disagreement and oppression. It calls on knowing parties to refrain from pressing their epistemic entitlements to facilitate mutual understanding. And it is a virtue that oppressed persons have good reason to cultivate to develop meta-lucidity in themselves and others. (shrink)

Scientists are frequently called upon to “democratize” science, by bringing the public into scientific research. One appealing point for public involvement concerns the nonepistemic values involved in science. Suppose, though, a scientist invites the public to participate in making such value-laden determinations but finds that the public holds values the scientist considers morally unacceptable. Does the argument for democratizing science commit the scientist to accepting the public’s objectionable values, or may she veto them? I argue that there are a (...) class='Hi'>limited set of cases in which scientists can, consistently with a commitment to democratized science, set aside the public’s judgments. (shrink)

Limited aggregation holds that we are only sometimes, not always, permitted to aggregate. Aggregation is permissible only when the harms and benefits are relevant to one another. But how should limited aggregation be extended to cases in which we are uncertain about what will happen? In this article, I provide a challenge to ex post limited aggregation. I reconstruct a precise version of ex post limited aggregation that relies on the notion of ex post claims. However, (...) building a theory of limited aggregation based on ex post claims leads to a dilemma. This shows that ex post limited aggregation is currently far away from being a well-defined alternative, strengthening the case for ex ante limited aggregation. (shrink)

In contemporary philosophy there is much focus on conceptual engineering: the enterprise of revising and replacing concepts. In this talk, I focus on a theoretical issue that has not yet received much attention. What principled limits are there to this sort of enterprise? Are there concepts that for principled reasons cannot or should not be revised or replaced? Examples discussed include logical concepts and normative concepts.

In the contemporary life sciences more and more researchers emphasize the “limits of reductionism” (e.g. Ahn et al. 2006a, 709; Mazzocchi 2008, 10) or they call for a move “beyond reductionism” (Gallagher/Appenzeller 1999, 79). However, it is far from clear what exactly they argue for and what the envisioned limits of reductionism are. In this paper I claim that the current discussions about reductionism in the life sciences, which focus on methodological and explanatory issues, leave the concepts of a reductive (...) method and a reductive explanation too unspecified. In order to fill this gap and to clarify what the limits of reductionism are I identify three reductive methods that are crucial in the current practice of the life sciences: decomposition, focusing on internal factors, and studying parts in isolation. Furthermore, I argue that reductive explanations in the life sciences exhibit three characteristics: first, they refer only to factors at a lower level than the phenomenon at issue, second, they focus on internal factors and thus ignore or simplify the environment of a system, and, third, they cite only the parts of a system in isolation. (shrink)

This is a contribution to a Book symposium on The Limits of Free Will: Selected Essays by Paul Russell. Russell provides replies to three critics of The Limits of Free Will. The first reply is to Robert Wallace and focuses on the question of whether there is a conflict between the core compatibilist and pessimist components of the "critical compatibilist" position that Russell has advanced. The second reply is to Angela Smith's discussion of the "narrow" interpretation of moral responsibility responsibility (...) (as defended by R. Jay Wallace) and how best to respond to it. The third and last reply is concerned with Christopher Bennett's criticism of Russell's views concerning "motivational scepticism" and the possibility of pure practical reasons. (shrink)

I argue that medieval solutions to the limit decision problem imply four-dimensionalism, i.e. the view according to which substances that persist through time are extended through time as well as through space, and have different temporal parts at different times.

In this article I give a critical evaluation of the use and limitations of null-model-based hypothesis testing as a research strategy in the biological sciences. According to this strategy, the null model based on a randomization procedure provides an appropriate null hypothesis stating that the existence of a pattern is the result of random processes or can be expected by chance alone, and proponents of other hypotheses should first try to reject this null hypothesis in order to demonstrate their own (...) hypotheses. Using as an example the controversy over the use of null hypotheses and null models in species co-occurrence studies, I argue that null-model-based hypothesis testing fails to work as a proper analog to traditional statistical null-hypothesis testing as used in well-controlled experimental research, and that the random process hypothesis should not be privileged as a null hypothesis. Instead, the possible use of the null model resides in its role of providing a way to challenge scientists’ commonsense judgments about how a seemingly unusual pattern could have come to be. Despite this possible use, null-model-based hypothesis testing still carries certain limitations, and it should not be regarded as an obligation for biologists who are interested in explaining patterns in nature to first conduct such a test before pursuing their own hypotheses. (shrink)

Human-wildlife interactions frequently lead to conflicts – about the fair use of natural resources, for example. Various principled accounts have been proposed to resolve such interspecies conflicts. However, the existing frameworks are often inadequate to the complexities of real-life scenarios. In particular, they frequently fail because they do not adequately take account of the qualitative importance of individual interests, their relative importance, and the number of individuals affected. This article presents a limited aggregation account designed to overcome these shortcomings (...) and thus to facilitate decision-making in real-world human-wildlife conflicts. (shrink)

In this chapter, I argue against empiricist positions which claim that empirical evidence can be sufficient to defeasibly justify aesthetic judgements, or judgements about the adequacy of aesthetic judgements, or sceptical judgements about someone's capacity to form adequate aesthetic judgements. First, empirical evidence provides neither inferential, nor non-inferential justification for aesthetic opinions. Second, while empirical evidence may tell us how we do respond aesthetically to artworks, it cannot tell us how we should respond to them. And, third, empirical insights into (...) the irrationality of many of our aesthetic judgements do not warrant the sceptical conclusion that we ought to refrain from forming aesthetic opinions. As a consequence of these limitations to aesthetic empiricism, we should endorse the rationalist position that aesthetic criticism is largely a matter of reasoning and, moreover, a collective undertaking. (shrink)

An issue about the privacy of the clustered groups designed by algorithms arises when attempts are made to access certain pieces of information about those groups that would likely be used to harm them. Therefore, limitations must be imposed regarding accessing such information about clustered groups. In the discourse on group privacy, it is argued that the right to privacy of such groups should be recognised to respect group privacy, protecting clustered groups against discrimination. According to this viewpoint, this right (...) places a duty on others, for example, private companies, institutions, and governments, to refrain from accessing such information. To defend the idea that the right to privacy should be recognised for clustered groups, at least two requirements must be satisfied. First, clustered group privacy must be conceived of as either a collective good or a participatory good. Since these forms of good are of the type from which no member of a group can be excluded from benefiting, the right to them is defined as a group right. Second, there must be group interests on which to base a group right. Group interests can be either the interests of those members that are a result of their being in the group or the interests of the group as a whole that transcend the interests of its members. However, this paper argues that clustered group privacy cannot be conceived of as either a collective or a participatory good because it is possible for some individuals to be excluded from benefiting from it. Furthermore, due to the lack of awareness among individuals that they are members of a clustered group and the nature of a clustered group itself, such groups cannot have the group interests necessary to establish a group right. Hence, the group right to privacy cannot be recognised for these groups, implying that the group right cannot be considered a means to protect clustered groups against discrimination. Instead, this paper suggests that moral principles need to be articulated within an ethics of vulnerability to identify the moral obligations of protecting vulnerable clustered groups. The duty owed to the vulnerable should involve refraining from accessing certain information about clustered groups in specific contexts. This duty is not engendered by the right to privacy of such groups; it is the duty owed to the vulnerable. The findings highlight the need to articulate moral principles regarding privacy and data protection to protect clustered groups in contexts in which accessing information about them could constitute a reason for discriminatory targeting. (shrink)

This entry explores Charles Peirce's account of truth in terms of the end or ‘limit’ of inquiry. This account is distinct from – and arguably more objectivist than – views of truth found in other pragmatists such as James and Rorty. The roots of the account in mathematical concepts is explored, and it is defended from objections that it is (i) incoherent, (ii) in its faith in convergence, too realist and (iii) in its ‘internal realism’, not realist enough.

Review of David Faust, The Limits of Scientific Reasoning.

(Original French text followed by English version.) For Berkeley, mathematical and scientific issues and concepts are always conditioned by epistemological, metaphysical, and theological considerations. For Berkeley to think of any thing--whether it be a geometrical figure or a visible or tangible object--is to think of it in terms of how its limits make it intelligible. Especially in De Motu, he highlights the ways in which limit concepts (e.g., cause) mark the boundaries of science, metaphysics, theology, and morality.

Under the traditional system of peer-reviewed publication, the degree of prestige conferred to authors by successful publication is tied to the degree of the intellectual rigor of its peer review process: ambitious scientists do well professionally by doing well epistemically. As a result, we should expect journal editors, in their dual role as epistemic evaluators and prestige-allocators, to have the power to motivate improved author behavior through the tightening of publication requirements. Contrary to this expectation, I will argue that the (...) publication bias literature in academic medicine demonstrates that editor interventions have had limited effectiveness in improving the health of the publication and trial registration record, suggesting that much stronger interventions are needed. (shrink)

This article critically examines the positions taken by Stephen E. Toulmin, Robert C. Coburn, and and Gordon D. Kaufman on existential experience and limiting questions and answers.

Human vision briefly retains a trace of a stimulus after it disappears. This trace—iconic memory—is often believed to be a surrogate for the original stimulus, a representational structure that can be used as if the original stimulus were still present. To investigate its nature, a flicker-search paradigm was developed that relied upon a full scan (rather than partial report) of its contents. Results show that for visual search it can indeed act as a surrogate, with little cost for alternating between (...) visible and iconic representations. However, the duration over which it can be used depends on the type of task: some tasks can use iconic memory for at least 240 ms, others for only about 190 ms, while others for no more than about 120 ms. The existence of these different limits suggests that iconic memory may have multiple layers, each corresponding to a particular level of the visual hierarchy. In this view, the inability to use a layer of iconic memory may reflect an inability to maintain feedback connections to the corresponding representation. (shrink)

Human beings seek to transcend limits. This is part of our potential greatness, since it is how we can realize what is best in our humanity. However, the limit-transcending feature of human life is also part of our potential downfall, as it can lead to dehumanization and failure to attain important human goods and to prevent human evils. Exploring the place of limits within a well-lived human life this work develops and defends an original account of limiting virtues, which are (...) concerned with recognizing proper limits in human life. The limiting virtues that are the focus are humility, reverence, moderation, contentment, neighborliness, and loyalty, and they are explored in relation to four kinds of limits: existential limits, moral limits, political limits, and economic limits. These virtues have been underexplored in discussions about virtue ethics, and when they have been explored it has not been with regard to the general issue of the place of limits within a well-lived human life. The account of the limiting virtues provided here, however, is intended as a counter to other prominent approaches to ethics: namely, autonomy-centered approaches and consequentialist (or maximizing) approaches. This account is also used to address a number of important contemporary issues such as genetic engineering, distributive justice, cosmopolitanism vs. patriotism, and the ethical status of growth-based economics. (shrink)

Experimental philosophy involves subjecting philosophical methods and judgments to empirical scrutiny. I begin by exploring conceptual, confirmational, and empirical factors that limit the significance of experiment-based and survey-based approaches to the evaluation of philosophical epistemic activities. I then consider specific criticisms of experimental philosophy: its experimental conditions lack ecological validity; it wrongly assumes that philosophers rely on psychologized data; it overlooks the reflective and social elements of philosophical case analysis; it misconstrues the importance of both procedural and evaluative forms of (...) philosophical expertise; it incorrectly views psychological bias as incompatible with reliability; and it generalizes to a global, self-defeating skepticism about case judgment. I explain why these criticisms should be understood as converging and interdependent. I also set out a three-level model of philosophical case judgment that frames the criticisms. (shrink)

This paper aims to address the difficulties of high school students in bridging their computational understanding with their visualization skills in understanding the notion of the limits in their calculus class. This research used a pre-experimental one-group pretest-posttest design research on 62 grade 10 students enrolled in the Science, Technology, and Engineering Program (STEP) in one of the public high schools in Zamboanga del Sur, Philippines. A series of remedial sessions were given to help them understand the function values, one-sided (...) limits, limits of a function, and its discontinuities with the aid of the GeoGebra. Results revealed that there is a significant improvement in their mathematics performance before and after the remediation, t(61) = -19.99, p<.05. The real-time feedback provided by the drawing interface of GeoGebra has provided the students the insights into how objects behave in geometrical space, bridging their understanding in locating the values shown by the computational algebraic processes. Additionally, the significant difference in the achievement reveals a large effect size (Cohen’s =2.54) which could be accounted for by the remediation using interactive activities in the GeoGebra. (shrink)

Jason Brennan and Peter Jaworski argue in recent work that “semiotic” or “symbolic” objections to markets are unsuccessful. I counter-argue that there are indeed some semiotic limits on markets and that anti-commodification theorists are not merely expressing disgust when they disapprove of markets in certain goods on those grounds. One central argument is that, contrary to what Brennan and Jaworski claim, semiotic arguments against markets do not depend fundamentally on meanings that prevail about markets. Rather, they depend on the meanings (...) that attach to various goods, meanings that give us moral bases on which to make judgments about their prospective commodification. (shrink)

This chapter presents a re-understanding of the contents of our analog magnitude representations (e.g., approximate duration, distance, number). The approximate number system (ANS) is considered, which supports numerical representations that are widely described as fuzzy, noisy, and limited in their representational power. The contention is made that these characterizations are largely based on misunderstandings—that what has been called “noise” and “fuzziness” is actually an important epistemic signal of confidence in one’s estimate of the value. Rather than the ANS having (...) noisy or fuzzy numerical content, it is suggested that the ANS has exquisitely precise numerical content that is subject to epistemic limitations. Similar considerations will arise for other analog representations. The chapter discusses how this new understanding of ANS representations recasts the learnability problem for number and the conceptual changes that children must accomplish in the number domain. (shrink)

Central limit theorem for the functional of jump Markov process. Nguyễn Văn Hữu, Vương Quân Hoàng và Trần Minh Ngọc. Báo cáo: Hội nghị toàn quốc lần thứ III “Xác suất - Thống kê: Nghiên cứu, ứng dụng và giảng dạy” (tr. 34). Ba Vì, Hà Tây, ngày 12-14 tháng 05 năm 2005. Viện Toán học / Trường Đại học Khoa học tự nhiên / Đại học Quốc gia Hà Nội.

Artificial intelligence (AI) is expected to revolutionise the practice of medicine. Recent advancements in the field of deep learning have demonstrated success in variety of clinical tasks: detecting diabetic retinopathy from images, predicting hospital readmissions, aiding in the discovery of new drugs, etc. AI’s progress in medicine, however, has led to concerns regarding the potential effects of this technology on relationships of trust in clinical practice. In this paper, I will argue that there is merit to these concerns, since AI (...) systems can be relied on, and are capable of reliability, but cannot be trusted, and are not capable of trustworthiness. Insofar as patients are required to rely on AI systems for their medical decision-making, there is potential for this to produce a deficit of trust in relationships in clinical practice. (shrink)

In response to critiques of rights as moralistic and depoliticising, a literature on the political nature and contestability of rights has emerged. In this view, rights are not merely formal, liberal and moralistic imperatives, but can also be invoked by the excluded in a struggle against domination. This article examines the limits to this practice of rights-claiming and its implication in forms of domination. It does this by returning to Marx’s blueprint for the critique of subjective rights. This engagement with (...) Marx will, however, take a particular form. I will read Marx first through the eyes of Claude Lefort and thereafter against Lefort. The latter’s critique of Marx still constitutes the strongest case against the dismissal of subjective rights. Introducing a reading of Lefort into the argument allows us to discover what is dead and what is well alive in the Marxist theory of rights. What is dead, I will argue, is Marx’s early conception of subjective rights as ideology and illusion. However, the more mature Marx developed a theory and critique of the legal form that is able to explain why the politics of rights—despite its undeniable advances—has not been able to overcome certain forms of domination. (shrink)

Skeptics argue that the acquisition of knowledge is impossible given the standing possibility of error. We present the limiting convergence strategy for responding to skepticism and discuss the relationship between conceivable error and an agent’s knowledge in the limit. We argue that the skeptic must demonstrate that agents are operating with a bad method or are in an epistemically cursed world. Such demonstration involves a significant step beyond conceivability and commits the skeptic to potentially convergent inquiry.

I argue against abductivism about logic, which is the view that rational theory choice in logic happens by abduction. Abduction cannot serve as a neutral arbiter in many foundational disputes in logic because, in order to use abduction, one must first identify the relevant data. Which data one deems relevant depends on what I call one's conception of logic. One's conception of logic is, however, not independent of one's views regarding many of the foundational disputes that one may hope to (...) solve by abduction. (shrink)

My essay ‘Attunement: On the Cognitive Virtues of Attention’ is the lead essay in a symposium. Adam Carter and Sandy Goldberg each respond to the ‘Attunement’ essay. This is my rejoinder. -/- (i.) Carter argues that resources from virtue reliabilism can explain the source of attention normativity. He modifies this virtue reliabilist AAA-framework to apply to attentional normativity. I raise concerns about Carter’s project. I suggest that true belief and proper attentional habits are not relevantly similar. -/- (ii.) Goldberg claims (...) that social roles underwrite kinds of attentional normativity that are not well-captured by virtue theory. I critically assess this claim. (shrink)

Teleological accounts of sensory normativity treat normal functioning for a species as a standard: sensory error involves departure from normal functioning for the species, i.e. sensory malfunction. Straightforward reflection on sensory trade-offs reveals that normal functioning for a species can exhibit failures of accuracy. Acknowledging these failures of accuracy is central to understanding the adaptations of a species. To make room for these errors we have to go beyond the teleological framework and invoke the notion of an ideal observer from (...) vision science. The notion of an ideal observer also sheds light on the important distinction between sensory malfunction and sensory limitation. (shrink)

The concept of hierarchical organization is commonplace in science. Subatomic particles compose atoms, which compose molecules; cells compose tissues, which compose organs, which compose organisms; etc. Hierarchical organization is particularly prominent in ecology, a field of research explicitly arranged around levels of ecological organization. The concept of levels of organization is also central to a variety of debates in philosophy of science. Yet many difficulties plague the concept of discrete hierarchical levels. In this paper, we show how these difficulties undermine (...) various implications ascribed to hierarchical organization, and we suggest the concept of scale as a promising alternative to levels. Investigating causal processes at different scales offers a way to retain a notion of quasi-levels that avoids the difficulties inherent in the classic concept of hierarchical levels of organization. Throughout, our focus is on ecology, but the results generalize to other invocations of hierarchy in science and philosophy of science. (shrink)