Results for 'jury'

148 found
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  1. Holocaust and Nakba in Philosophy.Jüri Eintalu - manuscript
    Nakba is ignored in Western philosophy encyclopedias, and the notion of genocide is rarely explained. In turn, there is much talk about the Holocaust.
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    Filosoofia põhiküsimusi.Jüri Eintalu - 2005 - Tallinn: Sisekaitseakadeemia.
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    Loogika. Näidisülesanded ja harjutused.Jüri Eintalu - 2006 - Tallinn: Sisekaitseakadeemia.
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    Sissejuhatus loogikasse.Jüri Eintalu - 2007 - Tallinn: Sisekaitseakadeemia.
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  5. Institutional Degeneration of Science.Jüri Eintalu - 2021 - Philosophy Study 11 (2):116-123.
    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 (...)
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  6.  57
    Loogikavigade lubatavusest.Jüri Eintalu - 2008 - Studia Philosophica Estonica 1 (3):29-42.
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  7. Partial Aggregation: What the People Think.Markus Kneer & Juri Viehoff - manuscript
    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 (...)
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  8. The true Nature of Gravity, Anti-gravity and Vacuum.Juris Bogdanovs - manuscript
    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 (...)
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  9. Jury Theorems.Franz Dietrich & Kai Spiekermann - 2021 - The Stanford Encyclopedia of Philosophy.
    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 (...)
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  10. Jury Theorems.Franz Dietrich & Kai Spiekermann - 2019 - In M. Fricker, N. J. L. L. Pedersen, D. Henderson & P. J. Graham (eds.), Routledge Handbook of Social Epistemology. Routledge.
    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 (...) 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)
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  11. Jury Theorems for Peer Review.Marcus Arvan, Liam Kofi Bright & Remco Heesen - forthcoming - British Journal for the Philosophy of Science.
    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 (...)
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  12. Mock Juries, Real Trials: How to Solve (some) Problems with Jury Science.Lewis Ross - forthcoming - Journal of Law and Society.
    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 (...)
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  13. A model of jury decisions where all jurors have the same evidence.Franz Dietrich & Christian List - 2004 - Synthese 142 (2):175 - 202.
    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 (...)
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  14.  56
    Jury Reform and Live Deliberation Research.Lewis Ross - 2023 - Amicus Curiae 5 (1):64-70.
    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.
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  15. 3. The Quid Juris.Dennis Schulting - 2018 - In Kant’s Deduction From Apperception: An Essay on the Transcendental Deduction of the Categories. De Gruyter. pp. 28-62.
    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).
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  16. Condorcet's Jury Theorem and Democracy.Wes Siscoe - 2022 - 1000-Word Philosophy: An Introductory Anthology 1.
    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. (...)
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  17. Optimizing Political Influence: A Jury Theorem with Dynamic Competence and Dependence.Thomas Mulligan - forthcoming - Social Choice and Welfare.
    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. (...)
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  18. The Premises of Condorcet’s Jury Theorem Are Not Simultaneously Justified.Franz Dietrich - 2008 - Episteme 5 (1):56-73.
    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.
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  19. The Curious Case of the Jury-shaped Hole: A Plea for Real Jury Research.Lewis Ross - forthcoming - International Journal of Evidence and Proof.
    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 (...)
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  20. Racial profiling and jury trials.Annabelle Lever - 2009 - The Jury Expert 21 (1):20-35.
    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?
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  21. The Jury's Still Out on What Constitutes a Microaggression.Musa Al-Gharbi - 2018 - In Gary Weiner (ed.), Microaggressions, Trigger Warnings & Safe Spaces. Farmington Hills, Michigan: Greenhaven Press. pp. 106-13.
    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.
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  22. Epistemic democracy: Generalizing the Condorcet jury theorem.Christian List & Robert E. Goodin - 2001 - Journal of Political Philosophy 9 (3):277–306.
    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 (...)
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  23. Judicial Review, Constitutional Juries and Civic Constitutional Fora: Rights, Democracy and Law.Christopher Zurn - 2011 - Theoria: A Journal of Social and Political Theory 58 (127):63-94.
    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 (...)
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  24. Rethinking the maxim ignorantia juris non excusat.Deepa Kansra - 2020 - Academia Letters.
    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. (...)
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  25. Independent Opinions? On the Causal Foundations of Belief Formation and Jury Theorems.Franz Dietrich & Kai Spiekermann - 2013 - Mind 122 (487):655-685.
    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 (...)
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  26. Condorcet’s jury theorem: General will and epistemic democracy.Miljan Vasić - 2018 - Theoria: Beograd 61 (4):147-170.
    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 (...)
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  27. Opinion leaders, independence, and Condorcet's Jury Theorem.David M. Estlund - 1994 - Theory and Decision 36 (2):131-162.
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  28. Virtue signalling and the Condorcet Jury theorem.Scott Hill & Renaud-Philippe Garner - 2021 - Synthese 199 (5-6):14821-14841.
    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 (...)
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  29. Introduction to Psychological Criminology: Jury Verdicts and Jury Research Methodology.Michelle B. Cowley-Cunningham - 2017 - Legal Anthropology eJournal, Archives of Vols. 1-3, 2016-18 Vol. 2, Issues 248: December 20,.
    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 (...)
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  30. Democracy, Epistemology and the Problem of All‐White Juries.Annabelle Lever - 2017 - Journal of Applied Philosophy 34 (4):541-556.
    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 (...)
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  31. In Praise of the Lawless Jury.Michael Huemer - manuscript
    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.
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  32. O CONCEITO JURÍDICO DE DIREITOS HUMANOS: UM DIÁLOGO COM MIREILLE DELMAS-MARTY.Laura Souza Lima E. Brito - 2015 - Dissertation, University of São Paulo, Brazil
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  33. The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4).Lucinda Vandervort - 2005 - Criminal Law Quarterly 50 (4):441-452.
    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 (...)
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  34. In support of fraud trials without a jury.Sally Serena Ramage - 2005 - The Criminal Lawyer 156 (156):1-176.
    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 (...)
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  35. Epistemic Democracy with Defensible Premises.Franz Dietrich & Kai Spiekermann - 2013 - Economics and Philosophy 29 (1):87--120.
    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 (...)
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  36. No-Regret Learning Supports Voters’ Competence.Petr Spelda, Vit Stritecky & John Symons - forthcoming - Social Epistemology:1-17.
    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 (...)
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  37. Genealogy and Jurisprudence in Fichte’s Genetic Deduction of the Categories.G. Anthony Bruno - 2018 - History of Philosophy Quarterly 35 (1):77-96.
    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 (...)
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  38. Deliberation and the Wisdom of Crowds.Franz Dietrich & Kai Spiekermann - manuscript
    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 (...)
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  39. Should agents be immodest?Marc-Kevin Daoust - 2020 - Analytic Philosophy 62 (3):235-251.
    Epistemically immodest agents take their own epistemic standards to be among the most truth-conducive ones available to them. Many philosophers have argued that immodesty is epistemically required of agents, notably because being modest entails a problematic kind of incoherence or self-distrust. In this paper, I argue that modesty is epistemically permitted in some social contexts. I focus on social contexts where agents with limited cognitive capacities cooperate with each other (like juries).
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  40. How to Condorcet a Goldman.Michele Palmira - 2015 - Episteme 12 (3):413-425.
    In his 2010 paper “Philosophical Naturalism and Intuitional Methodology”, Alvin I. Goldman invokes the Condorcet Jury Theorem in order to defend the reliability of intuitions. The present note argues that the original conditions of the theorem are all unrealistic when analysed in connection to the case of intuitions. Alternative conditions are discussed.
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  41. Eleven angry men.Clayton Littlejohn - 2021 - Philosophical Issues 31 (1):227-239.
    While many of us would not want to abandon the requirement that a defendant can only be found guilty of a serious criminal offence by a unanimous jury, we should not expect epistemology to give us the resources we need for justifying this requirement. The doubts that might prevent jurors from reaching unanimity do not show that, say, the BARD standard has not been met. Even if it were true, as some have suggested, that rationality requires that a (...) composed of epistemic peers should coalesce around one view about the defendant’s guilt, the failure to reach unanimity might be a good reason to worry about the epistemic failings of some small number of jurors but no reason to worry that we’ve failed to protect the defendant from an unjustified imposition of, say, the risk against wrongful conviction. The arguments for the unanimity requirement will need to come from outside of epistemology. (shrink)
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  42. One standard to rule them all?Marc-Kevin Daoust - 2018 - Ratio 32 (1):12-21.
    It has been argued that an epistemically rational agent’s evidence is subjectively mediated through some rational epistemic standards, and that there are incompatible but equally rational epistemic standards available to agents. This supports Permissiveness, the view according to which one or multiple fully rational agents are permitted to take distinct incompatible doxastic attitudes towards P (relative to a body of evidence). In this paper, I argue that the above claims entail the existence of a unique and more reliable epistemic standard. (...)
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  43. Knowledge and True Belief at Theaetetus 201a–c.Tamer Nawar - 2013 - British Journal for the History of Philosophy 21 (6):1052-1070.
    This paper examines a passage in the Theaetetus where Plato distinguishes knowledge from true belief by appealing to the example of a jury hearing a case. While the jurors may have true belief, Socrates puts forward two reasons why they cannot achieve knowledge. The reasons for this nescience have typically been taken to be in tension with each other . This paper proposes a solution to the putative difficulty by arguing that what links the two cases of nescience is (...)
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  44. The naturalized epistemology approach to evidence.Gabriel Broughton & Brian Leiter - 2021 - In Christian Dahlman, Alex Stein & Giovanni Tuzet (eds.), Philosophical Foundations of Evidence Law. New York, NY: Oxford University Press.
    Studying evidence law as part of naturalized epistemology means using the tools and results of the sciences to evaluate evidence rules based on the accuracy of the verdicts they are likely to produce. In this chapter, we introduce the approach and address skeptical concerns about the value of systematic empirical research for evidence scholarship, focusing, in particular, on worries about the external validity of jury simulation studies. Finally, turning to applications, we consider possible reforms regarding eyewitness identifications and character (...)
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  45. Lenses of Evidence – Jurors’ Evidential Reasoning. *Invited Talk –Experimental Psychology Oxford Seminar Series 2010.Michelle B. Cowley-Cunningham - 2010 - SSRN E-Library Legal Anthropology eJournal, Archives of Vols. 1-3, 2016-2018.
    This paper presents empirical findings from a set of reasoning and mock jury studies presented at the Experimental Psychology Oxford Seminar Series (2010) and the King's Bench Chambers KBW Barristers Seminar Series (2010). The presentation asks the following questions and presents empirical answers using the Lenses of Evidence Framework (Cowley & Colyer, 2010; see also van Koppen & Wagenaar, 1993): -/- Why is mental representation important for psychology? -/- Why is mental representation important for evidence law? -/- Lens 1: (...)
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  46. Experimental philosophy and moral responsibility.Gunnar Björnsson - 2022 - In Dana Kay Nelkin & Derk Pereboom (eds.), The Oxford Handbook of Moral Responsibility. New York: Oxford University Press. pp. 494–516.
    Can experimental philosophy help us answer central questions about the nature of moral responsibility, such as the question of whether moral responsibility is compatible with determinism? Specifically, can folk judgments in line with a particular answer to that question provide support for that answer. Based on reasoning familiar from Condorcet’s Jury Theorem, such support could be had if individual judges track the truth of the matter independently and with some modest reliability: such reliability quickly aggregates as the number of (...)
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  47. Formal Methods.Richard Pettigrew - manuscript
    (This is for the Cambridge Handbook of Analytic Philosophy, edited by Marcus Rossberg) In this handbook entry, I survey the different ways in which formal mathematical methods have been applied to philosophical questions throughout the history of analytic philosophy. I consider: formalization in symbolic logic, with examples such as Aquinas’ third way and Anselm’s ontological argument; Bayesian confirmation theory, with examples such as the fine-tuning argument for God and the paradox of the ravens; foundations of mathematics, with examples such as (...)
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  48. Nigerian Film Industry in the Mirror of African Movie Academy Awards (AMAA).Stanislaus Iyorza - 2016 - Journal of Arts and Humanities 5 (9).
    Worried by the drastic decline in the quality of content of Nigerian movies as evaluated by critics, this paper analyzes the evaluation of Nigerian movies by the African Movie Academy Awards (AMAA) between 2006 and 2016. The objective is to review the decisions of the AMAA jury and to present the academy’s position on the prospects and deficiencies of the Nigerian Movie industry. The paper employs analytical research approach using both primary and secondary sources to explore assessed contents of (...)
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  49. Grading in Groups.Michael Morreau - 2016 - Economics and Philosophy 32 (2):323-352.
    Juries, committees and experts panels commonly appraise things of one kind or another on the basis of grades awarded by several people. When everybody's grading thresholds are known to be the same, the results sometimes can be counted on to reflect the graders’ opinion. Otherwise, they often cannot. Under certain conditions, Arrow's ‘impossibility’ theorem entails that judgements reached by aggregating grades do not reliably track any collective sense of better and worse at all. These claims are made by adapting the (...)
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  50.  99
    In Defense of Hart’s Supposedly Refuted Theory of Rules.Jeffrey Kaplan - 2021 - Ratio Juris 34 (4):331-355.
    Ratio Juris, Volume 34, Issue 4, Page 331-355, December 2021.
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