scholarly journals Rehabilitating Statistical Evidence

2020 ◽  
Author(s):  
Lewis Ross
Keyword(s):  
Recent Literature ◽  
Statistical Evidence ◽  
Dna Profiling ◽  
Epistemic Norms ◽  
Legal Systems ◽  
Legal Practice ◽  
Legal Cases ◽  
Prominent Line ◽  
The Way

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature.

scholarly journals Wine Experiences: A Review from a Multisensory Perspective

2021 ◽  
Vol 11 (10) ◽  
pp. 4488
Author(s):  
Raffaele Campo ◽  
Felipe Reinoso-Carvalho ◽  
Pierfelice Rosato
Keyword(s):  
Literature Review ◽  
Recent Literature ◽  
Multisensory Perception ◽  
Diverse Group ◽  
Consumer Perspective ◽  
Future Work ◽  
The Way

The existing multisensory literature suggests that the combination of the different human senses in a controlled fashion during food/drink experiences can provide more enjoyment to consumers. The present research reviews recent literature relating multisensory perception with wine experiences, focusing on the interaction of the five basic senses (taste, smell, vision, touch, and sound). This is mostly being assessed from a perceptual and behavioral consumer perspective. Here, the authors report different ways in which such interactions across these senses can affect the way a wine is experienced, prior to, during, and even after tasting. The authors finish this literature review by providing some insights in the context of wine and food pairing, while also generally reflecting on potential future work. These insights may be inspirational for a diverse group of organizations working with wine. Based on such multisensory approaches, it may be possible to bring unforeseen sensations to the different wine experiences, while at the same time stressing particular sensory and/or emotional attributes.

scholarly journals Plague and Lethal Epidemics in the Pre-Industrial World

2017 ◽  
Vol 77 (1) ◽  
pp. 314-343 ◽  
Author(s):  
Guido Alfani ◽  
Tommy E. Murphy
Keyword(s):  
Late Antiquity ◽  
Recent Literature ◽  
Institutional Factors ◽  
Black Death ◽  
Socioeconomic Consequences ◽  
Epidemiological Characteristics ◽  
The Way

This article provides an overview of recent literature on plagues and other lethal epidemics, covering the period from late Antiquity to ca. 1800. We analyze the main environmental and institutional factors that shaped both the way in which a plague originated and spread and its overall demographic and socioeconomic consequences. We clarify how the same pathogen shows historically different epidemiological characteristics, and how apparently similar epidemics could have deeply different consequences. We discuss current debates about the socioeconomic consequences of the Black Death and other plagues. We conclude with historical lessons to understand modern “plagues.”

John Austin and Constructing Theories of Law

2011 ◽  
Vol 24 (2) ◽  
pp. 431-440 ◽  
Author(s):  
Brian H. Bix
Keyword(s):  
Legal Positivism ◽  
Viable Alternative ◽  
Theory Construction ◽  
Legal Practice ◽  
Lack Of Fit ◽  
Theory Of Law ◽  
The Way ◽  
John Austin

One of the standard criticisms of John Austin’s work is that his portrayal of law, as essentially the command of a sovereign to its subjects, does not fit well with the way law is practiced or perceived by lawyers, judges, and citizens; and since the theory “fails to fit the facts,” Austin’s theory must be rejected in favor of later theories that have better fit. Many influential modern approaches to the nature of law, including Joseph Raz’s exclusive legal positivism and Ronald Dworkin’s interpretivism, while they criticize the lack of fit of theories like Austin’s, themselves unapologetically offer characterizations of legal practice that deviate in significant ways from the way most people practice or perceive law. Thus, it appears that many contemporary legal theorists wish to have it both ways: they use the deviations from conventional understandings as grounds for dismissing some theories by other scholars, but forgive or overlook comparable deviations in their own theories. This article explores what general principles can be learned, or developed, regarding when or to what extent deviation from the way law is practiced and perceived can be justified in a theory of the nature of law by other theoretical gains. Additionally, the article considers whether, in light of the proper approach to fit and mistake in theory-construction, Austin’s theory of law might be a more viable alternative than is conventionally assumed.

The Value of Waste

Leonardo ◽  
2018 ◽  
Vol 51 (2) ◽  
pp. 181-182
Author(s):  
Michel van Dartel ◽  
Anne Nigten
Keyword(s):  
Recent Literature ◽  
Value Systems ◽  
Art And Design ◽  
Material Condition ◽  
A Value ◽  
Global Issue ◽  
Selection Of ◽  
The Way

This paper argues that a first step in finding a sustainable solution for the pressing global issue of ‘waste’, is to consider waste a value attribution rather than a material condition. Doing so means a shift in focus from finding more efficient ways to ‘clean up the mess’ to changing the way in which value is attributed to things. The paper looks at a selection of recent literature on value systems to identify useful concepts and theory for a value-based solution to waste and proposes to probe such potential solutions through art and design.

Minority Nations and Self-determination: A Proposal for the Regulation of Sovereignty Processes

2016 ◽  
Vol 23 (3) ◽  
pp. 402-421 ◽  
Author(s):  
Eduardo J. Ruiz Vieytez
Keyword(s):  
Legal System ◽  
Self Determination ◽  
Legal Systems ◽  
Significant Challenge ◽  
The Core ◽  
Constitutional System ◽  
New Framework ◽  
The Way

Basque and Catalan demands for legitimising political accommodation, solely on the basis of the democratic will of their residents, poses a significant challenge to the Spanish constitutional system. The core of the debate in this kind of conflict revolves around the so-called “right to decide” which commonly finds its expression in the capacity to hold a referendum over sovereignty matters. The path opened by Quebec, Scotland and other minority nations are considered by some to constitute evidence of the democratic need to include this right as a new accommodation formula. Incorporating a “sovereigntist proceeding” into the legal system(s) may pave the way to a new framework aimed at solving the significant constitutional problems that exist in Spain and other countries. I suggest that such a procedure could be incorporated and regulated in the existing legal systems and provide some guidelines that could be adopted when drafting the aforementioned regulation.

FROM LONG-TERM PATTERNS OF SEASONAL HUNGER TO CHANGING EXPERIENCES OF EVERYDAY POVERTY: NORTHEASTERN GHANA C. 1930–2000

2006 ◽  
Vol 47 (2) ◽  
pp. 181-205 ◽  
Author(s):  
JÉRÔME DESTOMBES
Keyword(s):  
Statistical Evidence ◽  
West African ◽  
Anthropometric Data ◽  
Poor Diet ◽  
John Hunter ◽  
History Of ◽  
The 1960S ◽  
The Way

This article is a West African case-study of the nutritional history of everyday poverty. It draws on unusually rich statistical evidence collected in northeastern Ghana. In the 1930s, pioneer colonial surveys revealed that seasonal poor diet was pervasive, by contrast with undernourishment. They pave the way for constructing a new set of anthropometric data in Nangodi, a savanna polity where John Hunter completed a classic study of seasonal hunger in the 1960s. A re-survey of the same sections and lineages c. 2000, during a full agricultural cycle, shows a significant improvement in nutritional statuses, notably for women.

scholarly journals Transfer of Risk of Loss in Turkish Law and International Treaties

2020 ◽  
Author(s):  
Almıla Özkan ◽  
Ayşe Sena Aksakallı
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Vienna Convention ◽  
Legal Systems ◽  
International Treaties ◽  
Law System ◽  
Common Law System ◽  
The Way

The risk of loss refers to the value of the goods that were damaged or destroyed without responsibilities of any party. While the matter of risk of loss differs from legal systems to legal systems, it has been subject to international treaties as well. In Turkish legal system, the abrogated Code of Obligation and Turkish Code of Obligations have different features in terms of transfer of risk of loss. According to abrogated Code of Obligation, the buyer is responsible for the value of the damaged goods as soon as the parties sign the contract. In Turkish Code of Obligations, the seller bears the risk of loss until the delivery of goods or registration. Turkish Code of Obligation is compatible with civil law. And abrogated Code of Obligation is compatible with common law system. There are rules regarding transfer of risk of loss in many international treaties. By the way, it must be stated that rules of transfer of risk of loss in Vienna Convention are compatible with Turkish Code of Obligations.

scholarly journals Execution of Judgments of the European Court of Human Rights: National Democratic Procedures vs. Legal Certainty

2020 ◽  
Vol 20 (6) ◽  
pp. 10-27
Author(s):  
D.S. Velieva ◽  
◽  
M.V. Presnyakov ◽  
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Legal Systems ◽  
Legal Certainty ◽  
European Court ◽  
The Way

The problem of execution of decisions of intergovernmental human rights bodies within the national legal systems is considered. It is noted that this problem has no legal solution in principle. The authors believe that the consensus is to “reformat” the existing mechanism of verification of the European Convention interpretations constitutionality by the European Court from the way of non-execution of ECHR judgments to the way of searching possibilities of complex and comprehensive solutions.

scholarly journals Maramara me te Iwi Taketake: Data and the Indigenous Group

Te Kaharoa ◽  
2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Peter Cleave
Keyword(s):  
Machine Learning ◽  
Final Section ◽  
Recent Literature ◽  
Nation State ◽  
The Third ◽  
Indigenous Groups ◽  
Indigenous Group ◽  
The Way

This paper considers Indigenous groups and data. The paper begins with fifteen assorted questions which are addressed in various ways in the next two sections. The second section is a review of ‘Indigenous Data Sovereignty’ a collection by Kukutai and Taylor of 2016. This collection is seen as an excellent statement of the position of the Indigenous group regarding data and each chapter is reviewed in several paragraphs. Beginning with Kukutai and Taylor, the third and final section is a commentary on recent literature on data with reference to the Nation-state, Big Tech and Indigenous groups. This section considers a shifting situation involving machine learning and the hunting, gathering and farming of data. A reappraisal of the way data is used in the context of the Indigenous group, the Nation state and Big Tech is proposed. That reappraisal involves new considerations of identity in forms of ethnicity, nationalism and tribalism as well as the way Indigenous groups are defined by others and the ways in which they define themselves.

scholarly journals RZYMSKA SOCIETAS A PARTNERSHIP SYSTEMU COMMON LAW

2017 ◽  
Vol 1 ◽  
pp. 151
Author(s):  
Ewa Dziuban
Keyword(s):  
Early Stage ◽  
Common Law ◽  
Similar Solution ◽  
Legal Systems ◽  
Legal Form ◽  
Exact Answer ◽  
Outer World ◽  
The Subject ◽  
The Common ◽  
The Way

ROMAN SOCIETAS AND THE COMMON LAW PARTNERSHIPThe construction of roman societas in comparison with the common law partnership was the subject of authors inquiry. The idea was to find whether these two contracts, being created in a very different time and situation, with ages of various experiences between them, could, in some way, resemble. In other words - is that possible that the similar aim of the contracts determined the shape of the legal form?Both constructions were analysed stressing their most significant points.The comparison was led due to the pattern established by the author, created to make it more readable.As a result every characteristic was composed of the following parts:1. description of the contract’s nature;2. types of the contract;3. inner relations between partners;4. societas/partnership in relation to outer world;5. dissolving the contract.On this basis author examined the findings.The pointed conclusions seemed to provide a very interesting start for further inquiries. The reason for this is, as it occurred, that between two legal systems, existing in separate ages and conditions, with settled opinion on their incompatibility, more than few similarities can be found.Author did not give a straight answer to the question why these similarities really exist. In fact she provides at least two possible explanations without prejudice.Actually to give a more exact answer deeper studies shall be undertaken. However even at this very early stage it can be said, that both constructions, even though so faraway in various dimensions from each other, developed compatible solutions on their way to find the best idea how the goal can be achieved. And this goal, as it occurred from the contracts’ nature, seemed to be analogous.Is the similar solution a question of reception? Or maybe both systems parallel found the way, which occurred to be the best and, in the same time, convergent? Maybe the catalogue of best solutions is closed and sooner or later every system shall come to it?These questions must be asked. Even if or especially that the answers are neither easy nor immediate.Author finished this first stage of her studies leaving them open but with the reservation that inquiry will be continued.

Sign in / Sign up

Export Citation Format

Share Document