Understanding Gravity correctly has a pivotal importance if we would like to understand Anti-gravity. Famously, with the existing theories for Gravity we cannot achieve that. While exploring questions related to Gravity, I realized that it demands reconsidering the nature of Vacuum. For this reason, in this article you will find not only alternative description of the nature of Vacuum, but I also will provide the idea to test it with results that will prove beyond any doubt what it is made (...) of after all. Turns out that mechanisms causing what I call the "Effect of Gravity" might be very simple. Also, this effect might be directly linked to the Magnetism or the magnetic field of Earth, even though objects are not attracted by it. Instead, they are attracted because of it. (shrink)

Appearing for the first time in English, Art and the Working Class is the work of Alexander Bogdanov, a revolutionary polymath and co-founder, with Vladimir Lenin, of the Bolshevik faction of the Russian Social Democratic Labor Party. Bogdanov was a strong proponent of the arts, co-founding the Proletarian Culture (Proletkult) organization to provide political and artistic education to workers. In this book, Bogdanov discusses the origins of art, its class characteristics, and how it might be created within a revolutionary socialist (...) context. (shrink)

Nakba is ignored in Western philosophy encyclopedias, and the notion of genocide is rarely explained. In turn, there is much talk about the Holocaust.

The subject of this paper is Charles Morris’ semiotic theory that has as one of its major projects the unification of all sciences of signs. However, since the above project has proven to be unsuccessful, we will try to examine here the reasons that led to this. Accordingly, we will argue that to transcend the particularities of individual disciplines that he wanted to unify, Morris had to make certain ontological assumptions, instead of theoretical and methodological ones, that they could share. (...) However, because the 'sign' as an ontological category could in our view only be established if we follow the principles of the pragmatic philosophical tradition, we will try to show that the reasons for this failure should be primarily sought in different effects that consistent application of the pragmatic principles has in each of them (primarily in linguistics and the philosophy of language). On the other hand, this should enable us to draw several important conclusions regarding Morris’ project: namely, that his failure does not have to mean giving up semiotics as a potentially key discipline in approaching some fundamental philosophical problems, but also that it would demand return to the original semiotics developed in Peirce’s works. (shrink)

This paper deals with Schaffer’s distinction between metaphysical structures, as well as his appeal for revival of neo-Aristotelian approaches that imply ordered structure, based on the criticism of Quine’s method that, in his view, implies flat metaphysical structure. However, although we believe that Schaffer’s distinction between metaphysical structures is an interesting and, basically, acceptable view, we will try to show that Schaffer’s arguments are not convincing enough to persuade us to abandon Quine’s method and adopt the Aristotelian metaphysical model. Moreover, (...) when mistakes that Schaffer makes are corrected and Quine’s method is given due attention, we will see that this can enable us a more tenable interpretation of the concepts that Schaffer speaks of (metaphysical structures), but also – as in his case – to draw certain conclusions that go beyond objectives of classification as such. (shrink)

Although Williams’ contextual thesis is above all a critique of one way of interpreting contextualism in epistemology, viz., simple conversational contextualisam, I will argue that this thesis has also been a very successful means for the critique of a standpoint on which that interpretation, and the entire traditional epistemology rests - epistemological realism. Accordingly, in spite of certain weaknesses in Williams’ position pointed out by his critiques, in this paper I will try to show that, by interpreting the problem of (...) scepticism as first and foremost a methodological necessity of epistemological realism, Williams succeeds in offering an enlightening diagnosis of the sceptical paradox problem which is at the centre of epistemology traditionally construed. (shrink)

In this paper we will try to show the differences between Quine’s and Gibson’s interpretation of the naturalized epistemology project. Namely, although Gibson points out that the genetic approach advocated by Quine is the best strategy there is to investigate the relations between evidence and theory, and that externalizing of empiricism that it requires is one of Quine’s major philosophical contributions, we argue that the assumptions on which Gibson’s project is based, apart from the fact that they are in conflict (...) with some strongly held intuitions, would have to be essentially different from Quine’s. In other words, contrary to Quine’s position within which we have the possibility of staying on more moderate, and in our opinion, more plausible behavioristic line of approach, we will try to show that one of the consequences of Gibson’s interpretation is that this possibility is ruled out in Gibson’s case. On the other hand, this should enable us to draw some more radical conclusions about the nature of Quine’s epistemological project. (shrink)

In this paper, we will try to confront Quine’s and Davidson’s holistic position through Davidson’s thesis of the mental as a non-ontological category. In this regard, since Davidson came to this position through the thesis of the mental as a decidedly conceptual category, we will try to show how this approach does not, nevertheless, rule out the possibility of its interpretation in ontological terms. However, in what follows we will draw attention to the fact that the mental can be interpreted (...) so that it proves to be immune to ontologizing in Quine’s sense. This would be the evidence of different ways, which are not necessarily compatible, to argue for Davidson’s central thesis - the thesis about holistic character of the mental - as well as, which is closely related, a certain difference that exists between Davidson’s view of the mental as a conceptual category on the one hand, and a holistic category on the other. (shrink)

This paper deals with Peirce’s understanding of perceptual judgment, relating it to the conditions for the use of language defined by Michael Dummett. Namely, drawing on Dummett’s requirement for harmony between descriptive and evaluative aspects of our linguistic practice, we will try to give an interpretation of Peirce’s view of perception that implies rejecting the idea that the formation of a perceptual judgment has an inferential structure. On the other hand, since it is, in Peirce’s opinion, the structure of abductive (...) inference, this approach should enable us to draw some conclusions related to abduction in general. (shrink)

The scientificity of the research should be evaluated according to the methodology used in the study. However, these are usually the research areas or the institutions that are classified as scientific or non-scientific. Because of various reasons, it may turn out that the scientific institutions are not producing science, while the “non-scientists” are doing real science. In the extreme case, the official science system is entirely corrupt, consisting of fraudsters, while the real scientists have been expelled from academic institutions. Since (...) 2016-2017, there has been much talk about the “post-truth era” and the politicians who are “denying science”. However, simultaneously, many complaints about the corruption of science appeared. The outsider cannot tell who is telling the truth as it may be the case that the science fraudsters are defending themselves and these politicians are aware of the corruption. It is also untrue that the censoring or suppression of science started from 2016-2017. Suppression of science because of political and ideological reasons was present already long ago, and during the last few years, it has been increasing. The picture is highly complicated as there are many pretenders, false accusations, etc. For example, because of political reasons, someone may be set up as a pseudoscientist, the real scientist may be expelled using political accusations, justified criticism may be labelled as political pressure, etc. There is something like an inner information war ongoing in and around science. The classical philosophy of science seems unable to handle it because every formal rule can be misapplied. Science, as a whole, may be unable to persist. (shrink)

This article applies the tools of experimental philosophy to the ongoing debate about both the theoretical viability and the practical import of partially aggregative moral theories in distributive ethics. We conduct a series of three experiments (N=383): First, we document the widespread occurrence of the intuitions that motivate this position. Our study then moves beyond establishing the existence of partially aggregative intuitions in two dimensions: First, we extend experimental work in such a way as to ascertain which amongst existing versions (...) of partial aggregation (localised vs. global) chimes more fully with moral common sense. Specifically, we document how, in tie-breaking cases, ‘irrelevant goods’ judgments (Kamm) are just as robust as the original aggregative/non-aggregative pair of judgments that constitute partial aggregation. Second, by pairing laypeople’s moral judgments in standard cases with their intuitions about the limits of permissible self-prioritisation, we investigate whether one prominent explanation of why irrelevant claims may not be aggregated (Voorhoeve’s ‘personal prerogative’ argument) can be said to underpin people’s intuitions about the (ir)relevance relation of claims in conflict cases. We close with a discussion of our findings’ practical and theoretical import and highlight avenues for future research. (shrink)

Jury theorems are mathematical theorems about the ability of collectives to make correct decisions. Several jury theorems carry the optimistic message that, in suitable circumstances, ‘crowds are wise’: many individuals together (using, for instance, majority voting) tend to make good decisions, outperforming fewer or just one individual. Jury theorems form the technical core of epistemic arguments for democracy, and provide probabilistic tools for reasoning about the epistemic quality of collective decisions. The popularity of jury theorems spans across various disciplines such (...) as economics, political science, philosophy, and computer science. This entry reviews and critically assesses a variety of jury theorems. It first discusses Condorcet's initial jury theorem, and then progressively introduces jury theorems with more appropriate premises and conclusions. It explains the philosophical foundations, and relates jury theorems to diversity, deliberation, shared evidence, shared perspectives, and other phenomena. It finally connects jury theorems to their historical background and to democratic theory, social epistemology, and social choice theory. (shrink)

The most important figure among Russia's radical Marxists was A.A. Bogdanov (the pseudonym of Aleksandr Aleksandrovich Malinovskii). Not only was he the prime exponent of a proletarian cultural revolution; it was Bogdanov's ideas which provided justification for concern for the environment. And his ideas are not only important to environmentalists because they were associated with this conservation movement; more significantly they are of continuing relevance because they confront the root causes of environmental destruction in the present, and offer what is (...) perhaps the only way to overcome these causes. (shrink)

The significance and potential of systems theory and complexity theory are best appreciated through an understanding of their origins. Arguably, their originator was the Russian philosopher and revolutionary, Aleksandr Bogdanov. Bogdanov anticipated later developments of systems theory and complexity theory in his efforts to lay the foundations for a new, post-capitalist culture and science. This science would overcome the division between the natural and the human sciences and enable workers to organize themselves and their productive activity. It would be central (...) to the culture of a society in which class and gender divisions have been transcended. At the same time it would free people from the deformed thinking of class societies, enabling them to appreciate both the limitations and the significance of their environments and other forms of life. In this paper it is argued that whatever Bogdanov's limitations, such a science is still required if we are to create a society free of class divisions, and that it is in this light that developments in systems theory and complexity theory should be judged. (shrink)

With the failure of the Soviet Union, Aleksandr Bogdanov has come under increasing scrutiny as the anti-authoritarian, left-wing opponent of Lenin among the Bolsheviks and the main inspiration behind the Proletk'ult movement, the movement which attempted to create a new, proletarian culture (Sochor, 1988). Bogdanov's efforts to create a new, universal science of organization, a precursor to systems theory and cybernetics, has also attracted considerable attention (Gorelik, 1980; Bello, 1985; Biggart et.al. 1998). And he has been recognized as an early (...) environmentalist and as a feminist (Graham, 1984; Gare, 1994; Gare, 1996, pp.249-52). But few people have paid much attention to Bogdanov as an historian, sociologist and philosopher of science. Yet Bogdanov developed highly original ideas on science, offering unique resolutions to the oppositions between instrumentalism and realism and between internalist and externalist accounts of scientific development, and following from these, proposed a radical transformation of science as the foundation for an equally radical transformation of society. (shrink)

What is the relation between science and ideology? Are they incompatible, complementary or the same thing? Should science avoid "contamination" from ideology? Is there an only way to do science? Does anyone of them lead to the same results and give us the same worldview? We will focus on the figure of Alexander Bogdanov, Russian physician and philosopher, in order to discuss these and other relevant topics. His theories gave birth to what may be called later "the theory of two (...) sciences", which entitles this work. (shrink)

We give a review and critique of jury theorems from a social-epistemology perspective, covering Condorcet’s (1785) classic theorem and several later refinements and departures. We assess the plausibility of the conclusions and premises featuring in jury theorems and evaluate the potential of such theorems to serve as formal arguments for the ‘wisdom of crowds’. In particular, we argue (i) that there is a fundamental tension between voters’ independence and voters’ competence, hence between the two premises of most jury theorems; (ii) (...) that the (asymptotic) conclusion that ‘huge groups are infallible’, reached by many jury theorems, is an artifact of unjustified premises; and (iii) that the (nonasymptotic) conclusion that ‘larger groups are more reliable’, also reached by many jury theorems, is not an artifact and should be regarded as the more adequate formal rendition of the ‘wisdom of crowds’. (shrink)

Peer review is often taken to be the main form of quality control on academic research. Usually journals carry this out. However, parts of maths and physics appear to have a parallel, crowd-sourced model of peer review, where papers are posted on the arXiv to be publicly discussed. In this paper we argue that crowd-sourced peer review is likely to do better than journal-solicited peer review at sorting papers by quality. Our argument rests on two key claims. First, crowd-sourced peer (...) review will lead on average to more reviewers per paper than journal-solicited peer review. Second, due to the wisdom of the crowds, more reviewers will tend to make better judgments than fewer. We make the second claim precise by looking at the Condorcet Jury Theorem as well as two related jury theorems developed specifically to apply to peer review. (shrink)

Jury science is fraught with difficulty. Since legal and institutional hurdles render it all but impossible to study live criminal jury deliberation, researchers make use of various indirect methods to evaluate jury performance. But each of these methods are open to methodological criticism and, strikingly, some of the highest-profile jury research programmes in recent years have reached opposing conclusions. Uncertainty about jury performance is an obstacle for legal reform—ongoing debates about the ‘justice gap’ for complainants of sexual offences has rendered (...) these problems stark. This paper proposes a way to advance the debate. (shrink)

Under the independence and competence assumptions of Condorcet’s classical jury model, the probability of a correct majority decision converges to certainty as the jury size increases, a seemingly unrealistic result. Using Bayesian networks, we argue that the model’s independence assumption requires that the state of the world (guilty or not guilty) is the latest common cause of all jurors’ votes. But often – arguably in all courtroom cases and in many expert panels – the latest such common cause is a (...) shared ‘body of evidence’ observed by the jurors. In the corresponding Bayesian network, the votes are direct descendants not of the state of the world, but of the body of evidence, which in turn is a direct descendant of the state of the world. We develop a model of jury decisions based on this Bayesian network. Our model permits the possibility of misleading evidence, even for a maximally competent observer, which cannot easily be accommodated in the classical model. We prove that (i) the probability of a correct majority verdict converges to the probability that the body of evidence is not misleading, a value typically below 1; (ii) depending on the required threshold of ‘no reasonable doubt’, it may be impossible, even in an arbitrarily large jury, to establish guilt of a defendant ‘beyond any reasonable doubt’. (shrink)

The stable evolutionary strategy of Homo sapiens and patterns of risks arising in the course of this evolution were discussed in article. These patterns were predicted by Bogdanov’s option of General systems theory.

Researchers face perennial difficulties in studying live jury deliberation. As a result, the academic community struggles to reach a consensus on key matters of legal reform concerning jury trials. The hurdles faced by empirical jury researchers are often legal or institutional. This note argues that the legal and institutional barriers preventing live deliberation research should be removed and discusses two forms that live deliberation research could take.

What is the Quid Juris in Kant's Deduction? Chapter 3 from my book on the Deduction (Kant's Deduction From Apperception) provides an answer to that question, and also contains an extensive discussion of the relevant literature on this topic (Henrich, Proops, Seeberg & Longuenesse).

Suppose that a majority of jurors decide that a defendant is guilty (or not), and we want to know the likelihood that they reached the correct verdict. The French philosopher Marquis de Condorcet (1743-1794) showed that we can get a mathematically precise answer, a result known as the “Condorcet Jury Theorem.” Condorcet’s theorem isn’t just about juries, though; it’s about collective decision-making in general. As a result, some philosophers have used his theorem to argue for democratic forms of government. This (...) essay explains Condorcet’s theorem and how philosophers have used it as an argument for democracy. (shrink)

The purpose of this paper is to illustrate, formally, an ambiguity in the exercise of political influence. To wit: A voter might exert influence with an eye toward maximizing the probability that the political system (1) obtains the correct (e.g. just) outcome, or (2) obtains the outcome that he judges to be correct (just). And these are two very different things. A variant of Condorcet's Jury Theorem which incorporates the effect of influence on group competence and interdependence is developed. Analytic (...) and numerical results are obtained, the most important of which is that it is never optimal--from the point-of-view of collective accuracy--for a voter to exert influence without limit. He ought to either refrain from influencing other voters or else exert a finite amount of influence, depending on circumstance. Philosophical lessons are drawn from the model, to include a solution to Wollheim's "Paradox in the Theory of Democracy". (shrink)

Condorcet's famous jury theorem reaches an optimistic conclusion on the correctness of majority decisions, based on two controversial premises about voters: they are competent and vote independently, in a technical sense. I carefully analyse these premises and show that: whether a premise is justi…ed depends on the notion of probability considered; none of the notions renders both premises simultaneously justi…ed. Under the perhaps most interesting notions, the independence assumption should be weakened.

Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable to (...) study live juries. The indirect sources of evidence used by researchers suffer from various problems, the most important of which is dubious levels of ecological validity. Real jury research—studying live jury deliberation—is controversial. However, as I argue, the objections to it are unconvincing. There is in fact a moral imperative to facilitate real jury research. (shrink)

How, if at all, should race figure in criminal trials with a jury? How far should attorneys be allowed or encouraged to probe the racial sensitivities of jurors and what does this mean for the appropriate way to present cases which involve racial profiling and, therefore, are likely to pit the words and actions of a white policeman against those of a young black man?

In "Microaggressions: Strong Claims, Inadequate Evidence," Scott Lillenfeld argues that, despite a decade of scholarship, the Microaggression Research Program (MRP) continues to suffer serious analytic and evidentiary problems. After walking through these shortcomings, he provides 18 suggestions to help improve the reliability and utility of the MRP. In "Microaggressions and 'Evidence': Experimental or Experiential Reality?" Derald Wing Sue responds. This chapter provides background on the origin of the MRP, and referees the dispute between Lillenfeld and Sue about its contemporary status.

This paper generalises the classical Condorcet jury theorem from majority voting over two options to plurality voting over multiple options. The paper further discusses the debate between epistemic and procedural democracy and situates its formal results in that debate. The paper finally compares a number of different social choice procedures for many-option choices in terms of their epistemic merits. An appendix explores the implications of some of the present mathematical results for the question of how probable majority cycles (as in (...) Condorcet's paradox) are in large electorates. (shrink)

The proliferation of criminal laws in different legal systems has made legal practitioners and scholars deliberate upon the present day relevance of old age principles and concepts. The maxim ignorantia juris non excusat (ignorantia juris hereinafter) also falls in this category. The application of criminal law is said to rest on the maxim ignorantia juris, meaning ignorance of law is no excuse. The application of the maxim has from time immemorial been defended on grounds of convenience, utility, (...) and community interests. At the same time it has been challenged on grounds of legality and morality. The application of the maximin criminal matters is secured through penal laws. These laws are further validated through judicial pronouncements. Penal statutes and judicial pronouncements have largely been the basis to determine the exceptions and scope of the maxim. -/- Breaking it down to a single case in hand, several factors come into picture including the nature of the crime in question, the mental state of the person accused, the conduct of the accused person, the objective or public utility of the criminal legislation or provision, and the reasons or justifications offered for its rigid or qualified application. The single case is viewed in light of the general provisions of criminal law of the legal system in which the case is being tried. The uniqueness of each case and the criminal statutes of legal systems make it both complex and conducive to generalize or conclude on the true import and application of the maxim ignorantia juris. (shrink)

This paper argues that, according to a specific conception of the ideals of constitutional democracy - deliberative democratic constitutionalism - the proper function of constitutional review is to ensure that constitutional procedures are protected and followed in the ordinary democratic production of law, since the ultimate warrant for the legitimacy of democratic decisions can only be that they have been produced according to procedures that warrant the expectation of increased rationality and reasonability. It also contends that three desiderata for the (...) institutionalization of the function of constitutional review follow from this conception: structural independence, democratic sensitivity and the maintenance of legal integrity. Finally, evaluating three broadly different ways of institutionalizing constitutional review - solely in appellate courts, in deliberative constitutional juries of ordinary citizens and in a combined system of constitutional courts and civic constitutional amendment fora - it argues that the third arrangement would perform best at collectively fulfilling the sometimes antithetical desiderata. (shrink)

Democratic decision-making is often defended on grounds of the ‘wisdom of crowds’: decisions are more likely to be correct if they are based on many independent opinions, so a typical argument in social epistemology. But what does it mean to have independent opinions? Opinions can be probabilistically dependent even if individuals form their opinion in causal isolation from each other. We distinguish four probabilistic notions of opinion independence. Which of them holds depends on how individuals are causally affected by environmental (...) factors such as commonly perceived evidence. In a general theorem, we identify causal conditions guaranteeing each kind of opinion independence. These results have implications for whether and how ‘wisdom of crowds’ arguments are possible, and how truth-conducive institutions can be designed. (shrink)

My aim in this paper is to explain what Condorcet’s jury theorem is, and to examine its central assumptions, its significance to the epistemic theory of democracy and its connection with Rousseau’s theory of general will. In the first part of the paper I will analyze an epistemic theory of democracy and explain how its connection with Condorcet’s jury theorem is twofold: the theorem is at the same time a contributing historical source, and the model used by the authors to (...) this day. In the second part I will specify the purposes of the theorem itself, and examine its underlying assumptions. Third part will be about an interpretation of Rousseau’s theory, which is given by Grofman and Feld relying on Condorcet’s jury theorem, and about criticisms of such interpretation. In the fourth, and last, part I will focus on one particular assumption of Condorcet’s theorem, which proves to be especially problematic if we would like to apply the theorem under real-life conditions; namely, the assumption that voters choose between two options only. (shrink)

One might think that if the majority of virtue signallers judge that a proposition is true, then there is significant evidence for the truth of that proposition. Given the Condorcet Jury Theorem, individual virtue signallers need not be very reliable for the majority judgment to be very likely to be correct. Thus, even people who are skeptical of the judgments of individual virtue signallers should think that if a majority of them judge that a proposition is true, then that provides (...) significant evidence that the proposition is true. We argue that this is mistaken. Various empirical studies converge on the following point: humans are very conformist in the contexts in which virtue signalling occurs. And stereotypical virtue signallers are even more conformist in such contexts. So we should be skeptical of the claim that virtue signallers are sufficiently independent for the Condorcet Jury Theorem to apply. We do not seek to decisively rule out the relevant application of the Condorcet Jury Theorem. But we do show that careful consideration of the available evidence should make us very skeptical of that application. Consequently, a defense of virtue signalling would need to engage with these findings and show that despite our strong tendencies for conformism, our judgements are sufficiently independent for the Condorcet Jury Theorem to apply. This suggests new directions for the debate about the epistemology of virtue signalling. (shrink)

This summary note series outlines legal empirical approaches to the study of juries and jury decision-making behaviour for undergraduate students of sociology, criminology and legal systems, and forensic psychology. The note series is divided into two lectures. The first lecture attends to the background relevant to the historical rise of juries and socio-legal methodologies used to understand jury behaviour. The second lecture attends to questions surrounding jury competence, classic studies illustrative of juror bias, and a critical comparison of juries to (...) legal alternatives not reliant on jury deliberation for judicial process. Where appropriate the note series indicates key readings relevant to each core component of the note series, for students to develop their understanding in self-study time. (shrink)

Does it matter that almost all juries in England and Wales are all-White? Does it matter even if this result is the unintended and undesired result of otherwise acceptable ways of choosing juries? Finally, does it matter that almost all juries are all-White if this has no adverse effect on the treatment of non-White defendants and victims of crime? According to Cheryl Thomas, there is no injustice in a system of jury selection which predictably results in juries with no minority (...) members so long as this result is not deliberate, and does not adversely affect the treatment of minority defendants and victims of crime. My view is different. In and of itself, I believe, something is wrong with a system of jury selection that predictably results in all-White juries in a diverse society, such as our own. Absent reason to believe that we lack a better alternative to current modes of jury selection, a commitment to democratic government and to the equality of citizens – or so I will argue – condemns existing arrangements as unjust, whether or not they have adverse effects on jury decisions, or on the ways in which our society approaches issues of race and crime. (shrink)

Jury nullification is justified by the principle that individuals are prima facie ethically obligated to avoid causing unjust harms. Safeguarding justice against unjust laws and punishments of the government is the central function of the jury.

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

The United Kingdom's Parliamentary Bill 'Fraud Trials (Without a Jury) 2007', failed. Nevertheless, fraud trials without a jury do take place and there is much evidence to support this. Today the UK still does not support fraud trials without a jury, even though fraud in the UK today is the highest amount of fraud globally. The longer version of this paper is submitted here since it has become urgent that UK fraud trials be examined as a matter of urgency. On (...) page 87 of this complete paper (cut down for The Criminal Lawyer in 2008) a U.S study of 46 corporate fraud trials revealed that the defendants were CEOs, President, Chairman, Senior Vice Presidents, Chief Financial Officers, but only one entity reach trial stage. After the ce Arthur Anderson LLP v. United States, 544 U.S. 696 (2005), and the Lehman Brothers SEC case and the SEC v. Bank of America Corp., 653 F. Supp. 2d 507 (S.D.N.Y. 2009, and the Report by the U.S. Financial Crisis Inquiry on the 2008 financial crash, a global financial disaster was predicted and George Osborne, UK Chancellor pleaded for leniency for HSBC Bank frauds, threatening a global meltdown. The U.S. judiciary increased its volume of Deferred Prosecution Agreements and the UK followed suit. So, in year 2022, there is global financial meltdown and the UK has the highest rate of fraud in the world with few successful convictions. This paper is very relevant today as we must stop using deferred prosecution agreements and seek more convictions and harsh jail sentences for those financial fraudsters who have created this meltdown. -/- *When this paper was written, UK fraud was estimated at £40 million and some experts suspected twice that amount. Today UK fraud is in the billions of pounds annually. (shrink)

The contemporary theory of epistemic democracy often draws on the Condorcet Jury Theorem to formally justify the ‘wisdom of crowds’. But this theorem is inapplicable in its current form, since one of its premises – voter independence – is notoriously violated. This premise carries responsibility for the theorem's misleading conclusion that ‘large crowds are infallible’. We prove a more useful jury theorem: under defensible premises, ‘large crowds are fallible but better than small groups’. This theorem rehabilitates the importance of deliberation (...) and education, which appear inessential in the classical jury framework. Our theorem is related to Ladha's (1993) seminal jury theorem for interchangeable (‘indistinguishable’) voters based on de Finetti's Theorem. We also prove a more general and simpler such jury theorem. (shrink)

Fichte argues that the conclusion of Kant’s transcendental deduction of the categories is correct yet lacks a crucial premise, given Kant’s admission that the metaphysical deduction locates an arbitrary origin for the categories. Fichte provides the missing premise by employing a new method: a genetic deduction of the categories from a first principle. Since Fichte claims to articulate the same view as Kant in a different, it is crucial to grasp genetic deduction in relation to the sorts of deduction that (...) Kant offers. I propose to interpret genetic deduction as the simultaneous fulfillment of two tasks: answering the question quid facti by deriving the categories from the I and answering the question quid juris by establishing our entitlement to the categories as conditions of experience. While the second task represents Fichte’s agreement with Kant’s transcendental deduction, the first reflects his correction of Kant’s metaphysical deduction. (shrink)

Procedural justifications of democracy emphasize inclusiveness and respect and by doing so come into conflict with instrumental justifications that depend on voters’ competence. This conflict raises questions about jury theorems and makes their standing in democratic theory contested. We show that a type of no-regret learning called meta-induction can help to satisfy the competence assumption without excluding voters or diverse opinion leaders on an a priori basis. Meta-induction assigns weights to opinion leaders based on their past predictive performance to determine (...) the level of their inclusion in recommendations for voters. The weighting minimizes the difference between the performance of meta-induction and the best opinion leader in hindsight. The difference represents the regret of meta-induction whose minimization ensures that the recommendations are optimal in supporting voters’ competence. Meta-induction has optimal truth-tracking properties that support voters’ competence even if it is targeted by mis/disinformation and should be considered a tool for supporting democracy in hyper-plurality. (shrink)

Does pre-voting group deliberation increase majority competence? To address this question, we develop a probabilistic model of opinion formation and deliberation. Two new jury theorems, one pre-deliberation and one post-deliberation, suggest that deliberation is beneficial. Successful deliberation mitigates three voting failures: (1) overcounting widespread evidence, (2) neglecting evidential inequality, and (3) neglecting evidential complementarity. Formal results and simulations confirm this. But we identify four systematic exceptions where deliberation reduces majority competence, always by increasing Failure 1. Our analysis recommends deliberation that (...) is 'participatory', 'neutral', but not necessarily 'equal', i.e., that involves substantive sharing, privileges no evidences, but might privilege some persons. (shrink)