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Displaying: 1-20 of 99 documents


1. The Journal of Philosophy, Science & Law: Volume > 16 > Issue: 2
Sarah Lucy Cooper Forensic Science Identification Evidence: Tensions Between Law and Science
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For decades, courtrooms around the world have admitted evidence from forensic science analysts, such as fingerprint, tool-mark and bite-mark examiners, in order to solve crimes. Scientific progress, however, has led to significant criticism of the ability of such disciplines to engage in individualization i.e., “match” suspects exclusively to evidence. Despite this, American courts largely reject legal challenges based on arguments that identification evidence provided by these forensic science disciplines is unreliable. In so holding, these courts affirm precedent that it is the adversarial system’s function to weed out frailties in forensic evidence, and find that criticism of the forensic sciences lacks sui generis qualities. This article provides an independent critique of relevant American case law, from which three themes emerge. These themes are (1) the law’s misuse of science; (2) law’s scepticism towards change; and (3) law’s narrow construction of rationality, which generates reductionist concepts, and divorces science from its social context. As such, this article shows how the American judiciary’s approach to this global issue provides a contemporary illustration of key institutional tensions between science and law, and offers some recommendations for reforms that aim to facilitate the legal process to utilize the most reliable forensic science evidence possible.
2. The Journal of Philosophy, Science & Law: Volume > 16 > Issue: 1
Clifton Perry Different Mistakes in the Law and the Difference They Make
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3. The Journal of Philosophy, Science & Law: Volume > 15 > Issue: 3
Carl Mitcham Book Review: Wendell Wallach’s A Dangerous Master: How to Keep Technology from Slipping Beyond Our Control
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4. The Journal of Philosophy, Science & Law: Volume > 15 > Issue: 2
Roger Stanev Data and Safety Monitoring Board and the Ratio Decidendi of the Trial
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Current decision-making by a Data and Safety Monitoring Board (DSMB) regarding clinical trial conduct is intricate, largely limited by cases and rules, and essentially secretive. Decision-making by court of law, by contrast, although also intricate and largely constrained by cases and rules, is essentially public. In this paper, I argue by analogy that legal decision-making, which strives for a balance between competing demands of conservatism and innovation, supplies a good basis to the logic behind DSMB decision-making. Using the doctrine of precedents in legal reasoning as my central analog will lead us to an analogy for much more systematic documentation and transparency of decisions in clinical trials. My conclusion is twofold: every DSMB decision should articulate a clear general principle (a ratio decidendi) that gives reason for the decision; and all such decisions should be made public. I use reported DSMB experiences of the Women’s Health Initiative Clinical Trials to illustrate my analogical argument.
5. The Journal of Philosophy, Science & Law: Volume > 15 > Issue: 1
Jason Borenstein, Carol Henderson Reflections on Daubert: A Look Back at the Supreme Court’s Decision
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6. The Journal of Philosophy, Science & Law: Volume > 15 > Issue: 1
Mark Amadeus Notturno Falsifiability Revisited: Popper, Daubert, and Kuhn
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The Supreme Court’s 1993 Daubert v. Merrell Dow Pharmaceuticals decision acknowledged a change in the Federal Rules of Evidence for the admissibility of expert scientific testimony in legal proceedings. Two of the most controversial aspects of the decision were the Court’s general comments about science, and its appeal to Karl Popper’s notion of falsifiability as “a key question to be answered in determining whether a theory or technique is scientific knowledge that will assist the trier of fact.” Indeed, Chief Justice Rehnquist acknowledged in his dissenting opinion that he did not know what falsifiability meant and that he thought other judges would not understand it either. This paper explains what Popper meant by falsifiability, why it has been misunderstood, why it is important today, and how the Court’s decision reflects the larger move from foundationalism to fallibilism that has taken place in epistemology over the course of the twentieth century.
7. The Journal of Philosophy, Science & Law: Volume > 15 > Issue: 1
Tony Ward An English Daubert? Law, Forensic Science and Epistemic Deference
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A test for the admissibility of expert evidence, partly derived from Daubert, has recently been introduced into English criminal law by the unusual mechanism of aPractice Direction.This article compares the Daubert trilogy and the English Practice Direction as responses to the problem of epistemic deference by juries to experts. Juries areoften justified in deferring to experts as to the relevance of the underlying evidence examined by the expert, including what inferences can be drawn from it. There is a concern, however, that juries may also defer to experts’ claims about the weight of their own evidence: how strongly or confidently those inferences can be stated. Overly deferential jurors may place excessive weight on forensic science evidence that rests on shaky foundations. The new English admissibility regime (drawing on recommendations by the Law Commission) appears better tailored than Daubert to address this issue about the strength of inferences presented by expert witnesses. As a result, however, it places considerable demands in judges, advocates and expert witnesses, and how successful it will be in practice remains to be seen.
8. The Journal of Philosophy, Science & Law: Volume > 15 > Issue: 1
Daniella McCahey, Simon A. Cole Human(e) Science? Demarcation, Law, and ‘Scientific Whaling’ in Whaling in the Antarctic
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This paper analyzes a recent case in which a court, like the Daubert Court, was asked to demarcate legitimate from illegitimate science. The court was the International Court of Justice (ICJ), and it was asked by the state of Australia to find the state of Japan in violation of the International Convention for the Regulation of Whaling because of its licensing of a research program that engaged in killing whales ostensibly “for purposes of scientific research.” Australia premised a good portion of its argument on a four-part definition of “scientific research,” reminiscent of the four notorious “Daubert criteria,” and the claim that the Japanese research program, “JARPA II,” failed to comply with this definition. The paper suggests that the Court’s judgment, which forced Japan to temporarily cease whaling, illustrates the merits for courts of avoiding the temptation to engage in demarcation exercises.
9. The Journal of Philosophy, Science & Law: Volume > 14 > Issue: 3
Yvette Pearson Expanding Opportunities for People with Disabilities: Promoting a More Cautious Approach
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10. The Journal of Philosophy, Science & Law: Volume > 14 > Issue: 3
Kevin Todd Mintz Sexual Intimacy, Social Justice, and Severe Disabilities: Should Fair Equality of Opportunity in Health Extend to Surrogate Partner Therapy?
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The 2012 film The Sessions tells the story of a man with polio who loses his virginity by undergoing Surrogate Partner Therapy (SPT). In light of ensuing controversy surrounding the legal and moral status of SPT, this article uses Norman Daniels’ framework of fair equality of opportunity in health to argue that SPT is a legitimate form of treatment for sexual dysfunctions and should be evaluated alongside other such treatments. I begin by showing how sexual dysfunctions constitute deviations in normal species functioning. I then show that sexual capacities are a matter of fair equality of opportunity because they affect the ability to cultivate the sexual intimacy that is crucial for forming a family and often necessary for maintaining a healthy one. Recognizing that some might object to SPT as a form of prostitution, I proceed by showing how the treatment might avoid some of the objections raised against prostitution, and conclude by affirming that societies committed to fair equality of opportunity in health should work to make SPT legal and safe.
11. The Journal of Philosophy, Science & Law: Volume > 14 > Issue: 3
Cynthia M. Jones, Shawn P. Saladin Fixing Deafness
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12. The Journal of Philosophy, Science & Law: Volume > 14 > Issue: 3
William J. Peace, Claire Roy Scrutinizing Ashley X: Presumed Medical “Solutions” vs. Real Social Adaptation
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13. The Journal of Philosophy, Science & Law: Volume > 14 > Issue: 2
Thomas M. Powers Book Review: Emerging Pervasive Information and Communication Technologies (PICT)
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14. The Journal of Philosophy, Science & Law: Volume > 14 > Issue: 1
Levi Wood Recent Questions in Responsible Conduct of Research
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The global research enterprise has seen extensive technological, social, and financial changes in the last two decades that have dramatically changed the face of academic research. While many of these changes have had a tremendously positive impact on research progress, many of them have raised new questions about how to ensure that research is conducted responsibly. In addition, there have been some high-profile cases of error and fabrication in published works that might have been caught earlier if the enterprise had better safeguards in place. There is an ongoing discussion within the research enterprise about whether and how to establish new guidelines to ensure the integrity of the research process within this shifting environment. In this article, I survey key changes in the research environment that have opened up new questions about how to best ensure the integrity of the research process.
15. The Journal of Philosophy, Science & Law: Volume > 14 > Issue: 1
William J. Polacheck, Roger D. Kamm Responsible Research in an International Laboratory: Personal Perspectives from a Lab Member and Principal Investigator
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Recently, we have seen the emergence of the international laboratory in scientific research. These laboratories, characterized by internationally distributed members working to accomplish a unified goal, provide advantages such as cost savings and access to facilities and equipment. However, maintaining responsible conduct of research (RCR) in an international laboratory is complicated by the requirement for technology-mediated communication, lack of trust between local and distant group members, and cultural heterogeneity among lab members. Here we discuss issues we experienced while working in a international laboratory as part of the Singapore-M.I.T. Alliance for Research and Technology, and from our experience, we propose guidelines to maintain RCR in an international laboratory. With proper oversight and cognizance of RCR, work in an international laboratory harbors great benefit for scientists and provides unique opportunity to exchange ideas, data, and insight with scientists of distinct cultural backgrounds.
16. The Journal of Philosophy, Science & Law: Volume > 14 > Issue: 1
Camille Nebeker A Proposal for Thinking Strategically About Ethics Education: Applying the Principles of Andragogy to Enhance Teaching and Learning About Responsible Conduct of Research (RCR)
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Training in the responsible conduct of research (RCR) is mandated for select trainees supported by federal funds. RCR Instructors typically address standards and accepted practices for the planning, conduct and reporting of academic research. While this focus may be relevant to future academic scientists, the majority of science graduate students pursue careers in non-academic employment sectors (e.g., government, non-profit, industry). The ethical and regulatory conventions, norms and expectations of the academic setting may not always transfer to other work environments. As such, educators should focus less on answering specific questions about standards and practices in academia, and instead design ethics education to actively engage students in a learning process that prepares them with the skills to identify and navigate ethical dimensions in a wide range of possible science professions. This paper introduces the principles of andragogy and provides recommendations for educators to consider when designing research ethics education for graduate students seeking cross-sector science careers. By applying principles that resonate with adult learning and integrating strategies that promote self-directed and life-long learning (e.g., reflective practice and collaborative projects), professional and research ethics instructional effectiveness may be enhanced.
17. The Journal of Philosophy, Science & Law: Volume > 14 > Issue: 1
Andra le Roux-Kemp Deferred Consent in Emergency Care Research: A Comparative Perspective of South African Regulations
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Obtaining informed consent from potential research participants can be fraught with difficulty at the best of times. In emergency care research, consent procedures are particularly controversial as research subjects are usually unable to voice their wishes and unable to consider the material benefits and risks of the medical procedures, treatment and research. And, an added level of difficulty is the unique nature of the emergency situation, where time is of the essence and obtaining proxy consent from a legal representative or family member is not always logistically possible. This article will consider the deferred consent procedures and regulations of emergency care research in South Africa. A comparative overview will then be provided of the relevant procedures and regulations on emergency care research in the UK, continental Europe, and the USA. The important oversight role of Resarch Ethics Committees and Institutional Review Boards in emergency care research will be emphasized in terms of the difficult ethical and legal concerns that must guide them in their decision-making responsibilities.
18. The Journal of Philosophy, Science & Law: Volume > 13 > Issue: 2
Daniel Howlader, James Giordano Advanced Robotics: Changing the Nature of War and Thresholds and Tolerance for Conflict - Implications for Research and Policy
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19. The Journal of Philosophy, Science & Law: Volume > 13 > Issue: 1
Leslie P. Francis Laura Palazzani’s Gender in Philosophy and Law
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20. The Journal of Philosophy, Science & Law: Volume > 12 > Issue: 3
Clifton Perry Admissions and Confessions
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