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This chapter reflects on a case involving a pediatric patient with a rare neurogenerative disease whose medical team requested an ethics consultation when his parents disagreed with the medical recommendation to remove his breathing tube, knowing that this could lead to his death. The ethics consultation explored what at first appeared to be conflicting beliefs about the facts of this patient’s condition and quality of life: his medical team believed he had an irreversible, neurodegenerative condition that would become progressively more debilitating and uncomfortable; his parents believed that he may still recover from his disease and survive. Yet on deeper analysis, we came to see that this was not a case of a medical team holding true beliefs and a family holding false beliefs about the clinical facts of the matter, but rather a difference between ways of being in and seeing the world, particularly as it relates to reasoning from a position of faith in what might be. This case shows the importance of differentiating between claims about facts and assertions of values, and how biomedical expectations of evidence can influence perceptions of relevant information during a clinical ethics consultation.
The focus of this book is the uniform Evidence Act (referred to throughout as ‘the Act’ or ‘the Acts’). The Act has not been introduced in Queensland, South Australia or Western Australia, where each state’s Evidence Act and the common law apply. However, the Act is still an important reference guide for those states due to the connection between the common law and the Act. Despite the differences between jurisdictions that have adopted the Act, there is a significant degree of uniformity. Accordingly, in this book, the provisions that are extracted to indicate the rules in relation to the Act come from the Commonwealth Act. Any important jurisdictional differences are separately identified.
This chapter considers the legislative history of evidence law and some fundamental introductory concepts that are used frequently in evidence law and the trial process. This chapter is an introductory overview; specific topics are dealt with in substance in subsequent chapters.
According to reliabilism, whether a belief is justified is a matter of whether it was reliably formed. Reliabilism is one of the leading theories of justification, and it holds important explanatory advantages: it sheds light on the connection between justification and truth, and it offers to situate justification within a naturalistic worldview. However, reliabilism faces well-known problems. One promising strategy for overcoming these problems is to modify reliabilism, combining it with elements of views that have been traditionally regarded as rivals, such as evidentialism. This Element offers an opinionated survey of the prospects for reliabilist epistemology, paying particular attention to recent reliabilist-evidentialist hybrid views.
Open-mindedness requires us to be receptive to new evidence that contradicts our own views. Laurie Paul (2021) argues that there are situations in which we should, in fact, avoid exposure to putative evidence, as it may undermine our rational abilities. One example she discusses is the sensus divinitatis (SD) as a transformative experience. If an atheist agrees to be exposed to this experience, he may become a theist and, by his pre-transformation atheistic standards, irrational. Paul contends that we have valid reasons to avoid encountering putative evidence in these circumstances. This paper will argue that there are rational strategies to help us determine whether to expose ourselves to transformative experiences like the SD.
Ambridge, Pine, and Lieven (2014; AP&L) identify three problems with universal grammar (UG), namely: linking, data coverage, and redundancy, and argue for an alternative approach to child language acquisition. Behme (2014) aims to make a stronger case against UG. She attempts to show, by combining AP&L’s arguments with evidence from developmental psychology and formal linguistics, that UG should be rejected. In this commentary, I argue that Behme’s article does not present strong enough evidence to reject UG. Although Behme has pointed out some problems for UG theorists to consider, she fails to pinpoint where UG has really gone wrong. I then try to make clear what the fatal problem with UG is.
The promise of algorithmic decision-making (ADM) lies in its capacity to support or replace human decision-making based on a superior ability to solve specific cognitive tasks. Applications have found their way into various domains of decision-making—and even find appeal in the realm of politics. Against the backdrop of widespread dissatisfaction with politicians in established democracies, there are even calls for replacing politicians with machines. Our discipline has hitherto remained surprisingly silent on these issues. The present article argues that it is important to have a clear grasp of when and how ADM is compatible with political decision-making. While algorithms may help decision-makers in the evidence-based selection of policy instruments to achieve pre-defined goals, bringing ADM to the heart of politics, where the guiding goals are set, is dangerous. Democratic politics, we argue, involves a kind of learning that is incompatible with the learning and optimization performed by algorithmic systems.
Chapter 5 trains its attention on evidentiary practices, continuing to ask how law apprehends its world. The discussion reveals that legal actors have had a troubled relation with expert evidence. As with preceding chapters, a critical orientation is brought in to explicate law’s evidentiary reductivity (manageability of contingency and complexity) – to argue that the law has been unpredictable and unprincipled in how it has registered torture’s lifeworld. The pertinent questions here become: How does law interact with the natural and social sciences in the recognition of torture? What types of knowledge and evidence count towards legal recognition? What types are effaced and rendered inadmissible?
The development of continuous distribution (CD) proposals for lungs, kidneys, pancreases, and livers display the interrelationship of values and evidence. CD involves identifying attributes that assess progress toward five goals: (1) prioritize sickest candidates first to reduce waitlist deaths; (2) improve long-term survival after transplant; (3) increase transplant opportunities for patients who are medically harder to match; (4) increase transplant opportunities for candidates with distinct characteristics, such as pediatric and prior living donor status; (5) promote efficient management of organ placement through consideration of geographic proximity between donor hospitals and patient transplant centers. Weights are then assigned to the attributes and goals to obtain a composite priority score. Both values and evidence influenced the choice of attributes and their functional forms. Rather than primarily statements of values, weights became design features in machine learning optimization exercises that allowed for the identification of alternatives that predicted the most favorable combinations of efficiency and equity outcomes.
Contemporary understandings of torture are ruled by a medico-legal duopoly: the language of law (regulating definition and prohibition) and that of medicine (controlling understandings of the body in pain). This duopoly has left little space for contextual conceptualisation – of ideological, emotional and imaginational impulses which function in readily recognising some forms of violence and dismissing others. This book challenges the rigour of this prevailing duopoly. In its place, it develops a new approach to critique the central scripts of 'law and torture' scholarship (around progress, violence, evidence and senses). Drawing on socio-legal and critical-theoretical scholarship, it aims to 'widen the apertures' of the dominant dogmas to their interconnected social, political, temporal and emotional dimensions. These dimensions, the book advances, hold the key to more fully understanding not only the production of torture's definition and prohibition; but also its normative contestation – to better grasp whose pain gets recognised and redressed and why.
The study aimed to analyse the European experience of investigating criminal offences in the field of official activity and the peculiarities of its adaptation to the Ukrainian context. The study employed a combination of case study methods, formal legal analysis, content analysis, comparative legal analysis, contextual analysis and PESTEL (political, economic, social, technological, environmental and legal) analysis. The analysis of international experience was conducted in the context of European Union member states that have successfully established effective systems for investigating crimes in the public sector, including Germany, France and Poland. The study found that the approaches and strategies implemented in Ukraine have several shortcomings that significantly reduce the effectiveness of criminal investigations, including a widening gap between the number of registered offences and the number of notices of suspicion served. The reason for the identified discrepancy is the lack of coordination between the subjects of criminal investigations, as well as the lack of transparency of the investigation process and accountability of the parties involved. To overcome these shortcomings, the study recommended adapting the German experience in the field of round-the-clock interaction between the subjects of a criminal investigation, which guarantees quick access to information and prompt permission to conduct investigative actions. Adaptation of the French experience in conducting investigations was recommended to ensure cross-control of the investigation subjects and improve the efficiency of their work. The Polish experience of utilizing electronic resources in criminal proceedings was recommended to enhance interdisciplinary cooperation among the parties involved in the investigation. Adopting the best international practices can be used to enhance the detection statistics of criminal offences and increase public confidence in the country’s system for investigating and prosecuting criminal misconduct in office.
It is discussed in more detail how perceptions relate to propositional knowledge. In doing so, “myths” of the perceptual Given are evaluated. One myth is that a mere perception can itself justify propositions, or ground assertoric judgments, and that it can therefore be a foundational justifier. This is the Myth of the Given in Sellars and McDowell. Kant would deny that intuitions can justify propositions independently of conceptual content, be it infallibly or fallibly. After all, he makes the well-known complementarity claim about cognition “in the proper sense,” according to which intuitions without concepts are blind. However, as argued in the preceding chapters, their blindness does not entail that they do not have epistemic power in their own right.
Australian Uniform Evidence Law is an essential textbook for students and emerging practitioners. Providing a practical and clear introduction to this complex subject, the text covers the Evidence Act 1995 (Cth) and its operation across uniform Evidence Act jurisdictions. The textbook highlights the legislative extracts for each uniform evidence jurisdiction and discusses cases that inform the application of these provisions. The third edition includes updated cases and changes to the law, guiding students through the application of the Act and providing opportunities to apply new knowledge of evidence law in its ever-changing context. Chapters are written in an accessible style, featuring a summary of key points, a list of key terms and definitions, and further readings. Practice questions with guided solutions ensure students effectively apply their learnt knowledge to real-world examples. The final chapter, 'Putting it all together', comprises complex practice problems that test students' understanding of the concepts and rules covered.
Proof is a fundamental problem facing those who experience discrimination in the workplace. Statutory discrimination law in Australia typically relies on an individual claimant proving their case, without a shifting burden of proof. Using age discrimination as a lens to facilitate analysis, and drawing on innovative findings from a multi-year, mixed methods empirical study of the enforcement of age discrimination law in Australia and the UK, this article offers the first empirically-informed assessment of what difference a shifting burden of proof would make to Australian discrimination law. It argues that while a shifting burden of proof may be important in finely balanced cases, and should be adopted for that reason, it is insufficient to overcome the limits of individual enforcement, and the dramatic information disparities between workers and employers. It offers important additional strategies or tools that might also help address the problem of proof, to better advance equality.
The problem of unconceived alternatives poses a challenge to believing even our most successful scientific theories. Such theories are typically accepted because they explain the available evidence better than any known rival, but such ‘inference to the best explanation’ cannot reliably guide us to the truth unless the truth is among the set of possibilities we have considered. The problem of unconceived alternatives suggests that we have compelling historical grounds to doubt that this crucial condition is satisfied when we theorize about otherwise inaccessible natural domains. Because the historical evidence suggests there are probably many serious alternatives to our own foundational theories that remain presently unconceived despite being well-confirmed by the evidence we have, we should doubt that some of even our most successful scientific theories are in fact true or even close to the truth. After presenting this problem in its original scientific context, I go on to argue that it poses at least as compelling a challenge to our confidence in any particular conception of God and/or divinity. I draw some fairly radical further theological consequences, and I suggest that the problem may ultimately force us to embrace a far more epistemically humble appraisal of our knowledge of God and divinity itself.
Systematic reviews and meta-analyses are often considered the highest level in evidence hierarchies, and therefore are often drawn upon when considering changes in policy. Despite journals implementing measures aiming to enhance the quality of systematic reviews they publish, the authorship raise concerns about the quality of existing and ongoing systematic reviews, particularly relating to transparency and bias minimisation. Building on the current guidelines, standards and tools, we suggest a ‘meta checklist’ which aims to maximise methodologically sound, unbiased and reproducible reviews of the best scientific quality while considering feasibility throughout the process.
We simplify our lives by learning from others. I focus on instances where we learn from our peers by receiving evidence that they have evidence for a hypothesis. I refer to this type of learning as learning from others’ evidence. I exclusively consider cases where we do not learn what the other agent’s evidence is; we only receive evidence that such evidence exists. I approach learning from others’ evidence by exploring the following slogan, popular in epistemology:
EEE-Slogan “[E]vidence of evidence is evidence. More carefully, evidence that there is evidence for h is evidence for h” (Feldman 2007: 208; notation adjusted).
I am interested in the limitations of the slogan, focus on the impact of non-epistemic values on it, and argue for the following main thesis:
Non-Epistemic Values in the EEE-Slogan: There are cases in which we cannot (adequately) apply the EEE-Slogan due to the differing non-epistemic values between us and our peers.
In arguing for the thesis, I draw on and expand insights from the philosophy of science. There are instances where our peers’ reasoning, commitments, and evidence (see Douglas 2000) are not rationally acceptable to us due to differences in non-epistemic values. Building on this, I contend that in such cases, we cannot (adequately) apply the slogan.
Rationally speaking, receiving testimony from an epistemic authority seems better than receiving testimony from anyone else. But what explains this?
According to the Preemptive Reasons View (PRV), the difference is one in kind, i.e., authorities provide you with preemptive reasons, whereas everyone else provides you with evidence. In this paper, I develop a novel problem for the PRV. In a nutshell, the problem is that the PRV cannot account for why there are cases in which the opinions of epistemic apprentices should count for something too. I conclude by offering a new reason for endorsing the Authorities-as-Advisors View (AAV). According to the AAV, testimony always provides you with evidence; it is just that relying on the say-so of an epistemic authority provides you with better evidence than relying on the say-so of anyone else.
The best strategy for getting away with lying is to lie small by only deviating from the truth as much as is necessary to achieve the intended deception. Why then do some demagogues lie big? One set of views has it that the only difference between small and big lies concerns the size of their contents. They claim that the purpose of big lies is the formation of false beliefs in their literal contents via counterfactual reasoning, conspiracy theories, or the illusory truth effect. The negative part of this paper questions these accounts. The positive part proposes a different explanation for why demagogues use big lies and argues that big lies may serve three distinct purposes for demagogues: they reinforce their supporters’ deeply held beliefs, test the loyalty of their close followers, or publicly demonstrate the demagogue’s power. For a big lie to serve these purposes, genuine belief in the lie is not required – in fact, few are likely to believe it. What matters is that the demagogue’s supporters publicly endorse the lie. We contend that they do so, either because they interpret them as motivational statements or use them to express or justify their shared emotions or convictions.
The chapter will help you to be able to describe the evolution of disorder specific CBT protocols, explain the value of using a disorder specific protocol over a generic CBT approach, consider the relative efficacy of CBT in different populations, and so choose whether CBT is appropriate for your patient, and if so, which adaptation of CBT would be most helpful
The chapter will help you to be able to describe the development of CBT approaches for anxiety disorders, explain how the four key factors influence the level of perceived threat from a cognitive perspective, and consider the comparative purposes of habituation, cognitive restructuring and behavioural experiments in treating anxiety disorders