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Building on the concepts of evidence-based medicine, evidence-based management (EBMgmt) suggests that leaders and managers find, evaluate and use the best available scientific evidence to inform their practice. This chapter discusses when and how to look for evidence and outlines how to apply it.
Is a marriage rendered invalid in the absence of a marriage certificate? How does the absence of state recognition influence the legitimacy of a marriage across different legal and cultural systems? In Bangladesh, customary marriages—where a marriage might not be formally registered with the state—are common. This article explores how shalish (community-based courts) accept alternate evidence to prove a marriage, noting the ways in which this approach can benefit women. Drawing on ethnographic fieldwork in urban and rural courts in Bangladesh, archival research studying court records, and interviews with diverse interlocutors, my findings indicate that Muslim women who do not have a kabinnamma (marriage certificate) prefer to go to shalish to mediate disputes because this site is embedded within the community and attuned to the cultural context of marriage. I provide a comparative analysis on the admissible evidence used to prove a marriage in state courts and in shalish, examining the legal reasoning within each system. Shalish operates with a flexible legal reasoning, which in theory has the capacity to recognize social hierarchies, balancing power and implementing justice in more equitable ways. Noting the kinds of cases where marginalized women benefit from the decisions in shalish compared to decisions from state courts reveals the gaps in state law, challenging the claims of universality and superiority over other forms of law as well as a need to rethink evidentiary protocols from the ground up. This article highlights alternate epistemic frameworks of justice that recognize and center rural women’s positionalities, desires, and standpoints, thereby decentering thinking about law and evidentiary processes rooted in Eurocentric, patriarchal, and urban frameworks.
Chapter 6 highlights a few implications for political legitimacy and the theory of legitimacy that can be derived from some of the key points that I have touched upon in Chapters 4 and 5. The implications include the following: (1) the character of a theory of political legitimacy is at the same time conservative and progressive, albeit more progressive than conservative; (2) the scope of evaluation and judgment that a theory of political legitimacy entails must avoid two dangerous paths: the first one is thinking that it is not possible to produce valid evaluations and judgments of legitimacy, and the second one is evaluating and judging all political situations from one’s own perspective; (3) evidence—that is, what people think and feel—can be called upon and mobilized for the evaluation and judgment of legitimacy; and (4) contemporary politics is especially relevant to the discussion of legitimacy.
To mitigate the risk of harm to themselves or others, people with mental disorders may require compulsory admission to hospital for in-patient treatment. In England and Wales this is authorised under the Mental Health Act 1983 (MHA). Patients have the right to appeal against this involuntary detention at a hearing before the First-tier Tribunal (Health Education and Social Care Chamber) Mental Health, and psychiatrists may be called on to provide written and oral evidence to the tribunal. The purpose of this article is to help psychiatrists, particularly trainees, understand the sections of the MHA involved, the patient’s right of appeal, the role of the tribunal, their own role as a professional witness, and how to improve the quality of evidence they provide.
This article raises some questions about the intuitionist response to skepticism developed by Michael Bergmann in Radical Skepticism and Epistemic Intuition, with a focus on Bergmann’s contention that epistemic intuitions serve as justifying evidence in support of anti-skepticism. It raises three main concerns: that an intuitionist conception of evidence is overly narrow, that it has undesirable implications for cases of disagreement, and that the evidential role that epistemic intuitions play in Bergmann’s version of anti-skepticism undercuts his claim that an intuitionist particularist response to skepticism is superior to disjunctivist responses.
This chapter depicts the creation, use, and proliferation of imagery by regime propaganda and individuals (despite censorship and prohibitions); discusses problems of the “Nazi gaze” (vis-à-vis victim-generated imagery) and relevance of perpetrator imagery for scholarly analysis (beyond historiography); elimination of corpses (SK 1005) and sites in their interrelation with Nazi attempts to destroy incriminating evidence, and to control messaging and the spatial/physical dimensions of mass violence.
Psychology and law, by their nature, are deeply entwined. Both are about human behavior – understanding it, modifying it, regulating it. Psychology’s research engagement with legal topics enjoys a long history, but until recently has been largely limited to clinical assessment (e.g., capacity, insanity) and police and trial evidence and procedures (e.g., eyewitnesses, jury instructions). The traditional canon of “Psychology & Law” research gained prominence when DNA evidence revealed that many wrongful convictions involved problems foreseen by psychologists. Also, the emergence of “Behavioral Law & Economics” likely provided more legitimacy to law’s engagement with empirical psychology topics and methods, spurring “Law & Psychology” teaching and research in law schools. The expanded range of research can be found across the US law curriculum as illustrated in four main first-year courses – Criminal Law, Torts, Contracts, and Property – and two commonly taken or required courses – Evidence and Professional Responsibility. The current experimental jurisprudence boom has added to the topics and methods used in this research and amplifies the existing trend in which psychology engages more closely with the content and values of law.
This chapter discusses the promise and the pitfalls of conducting social psychological research on mock jurors. The tremendous potential of this methodology to shed light on the psychology of jury decision-making is only beginning to be tapped. We use two recent experiments on the psychology of character assessments as case studies to explore some of the necessary tradeoffs in this methodological design, and to showcase the importance of understanding the psychological underpinnings of our legal doctrines. However, future research must present more diverse stimuli that better reflect the racial and gender composition of parties in real trials. Recognizing how hard it can be to replicate complex psychological processes experimentally, we argue that in some cases we should switch the burden of proof – that is, near-universal psychological processes should be presumed to also occur in the courtroom.
Drawing upon ethnographic research and an analysis of judgments at the Special Anti-Prostitution Court in Mumbai, Chapter 4 shows how rescued women’s testimony is only one (albeit significant) factor shaping the outcomes of trials against the accused. The chapter illustrates how these trials are primarily shaped by the priorities of Indian law, its interpretation by the police and prosecutors, and the possibilities that requirements for “respectable” witnesses both in the ITPA and in Indian procedural law open up for NGOs. It reveals that anti-trafficking NGOs’ participation in the Special Court is neither entirely dependent on victim-witness testimony, nor on proving sex trafficking. Overall, the chapter shows how evidence and testimony at this Special Court is presented to prove prostitution rather than sex trafficking, and how NGOs, police, and other witnesses participate in what the author refers to as the choreography of these trials. Beyond victim-witness testimony, it examines how the testimony of other prosecution witnesses (police officers, NGO workers, and decoy customers), forms of material evidence (cash, packets of condoms and tissues), and medical reports shape ITPA cases and their outcomes at the Mumbai Special Court.
So, here we are at the final chapter, and at this point you might be minded to ask ‘So what?’ Although some of you may have found this book to be so compelling that you have decided to become an epidemiologist, it is likely that most of you will looking for other ways for this epidemiology stuff to value add to your health science learning and ongoing professional or academic lives. In modern life, we are deluged with health information that is provided in multiple formats, including social media, news websites, online videos, televised news bulletins and chat shows, and even academic texts and other published literature. How are we to find something approaching the truth in this plethora of often contradictory information? In its focus on epidemiology, this book has aimed to provide you with the tools for evaluating scientific information using critical thinking – a way of identifying and evaluating evidence that has wide applicability to just about every area of human endeavour.
This chapter clarifies the theoretical arguments through discussion of issues and questions that may arise in conceptualizing, testing, and evaluating not only comprehensive deterrence theory (CDT) but also, more generally, that can arise in deterrence research. For example, it discusses the nature of punishment. Deterrence scholarship understandably has examined the idea that punishments may deter. What has not been systematically theorized or empirically studied is punishment itself. Historical accounts exist, of course. And numerous scholars certainly have detailed many aspects of certain types of punishment, such as the death penalty. However, deterrence scholarship lacks a coherent foundation for predicting the effects of a wide variety of legal punishments, or how to distinguish when one type of punishment meaningfully differs from another. Similarly, there is a great deal of confusion about legal vs. extralegal punishment as well as specific vs. general deterrence. The chapter examines these and other issues with an eye towards clarifying CDT and charting directions for improving deterrence scholarship.
Wildlife health surveillance is a rapidly evolving field. The goal of this commentary is to share the authors perspectives on the evolving expectations of wildlife health surveillance. We describe the basis for developing our opinions using multiple information sources including a narrative literature review, convenience samples of websites and conversations with experts. With increasing prominence of wildlife health, expectations for surveillance have increased. Situational awareness and threat or vulnerability detection were expected outputs. Action expectation themes included knowledge mobilization, reliable action thresholds and evidence-based decision making. Information expectations were broad and included the need for information on social and ecological risk drivers and impacts and evaluation of surveillance systems. Surveillance systems developers should consider: (1) What methods can equivalently and reliably manage the biases, uncertainties and ambiguities of wildlife health information; (2) How surveillance and intelligence systems support acceptable, ethical, efficient and effective actions that do not generate unintended consequences; and (3) How to generate evidence to show that surveillance and intelligence systems lead to decisions affecting vulnerability or resilience to endemic health threats, emerging diseases, climate change and other conservation threats.
Epistemic paternalism involves interfering with the inquiry of others, without their consent, for their own epistemic good. Recently, such paternalism has been discussed as a method of getting the public to have more accurate views on important policy matters. Here, I discuss a novel problem for such paternalism—epistemic spillovers. The problem arises because what matters for rational belief is one’s total evidence, and further, individual pieces of evidence can have complex interactions. Because of this, justified epistemic paternalism requires the would-be paternalist to be in an unusually strong epistemic position, one that most would-be paternalists are unlikely to meet.
Dispute settlement is at the heart of trade agreements in the twenty-first century. As rules have proliferated, the importance of enforcement has likewise grown. In the late 1990s and early 2000s, the focus in trade agreements was state-to-state dispute settlement where one state would bring an action against another for the latter’s breach of the agreement. In recent years, however, the role and design of dispute settlement mechanisms have begun to evolve. This chapter examines that evolution and its future direction. It begins by reviewing recent innovations and the disputes that have arisen under those mechanisms. Next, it studies how these trends have highlighted additional areas for study in the areas of procedures, institutions, and remedies. Finally, the chapter turns to the purpose of dispute settlement mechanisms in trade agreements and argues that the future of dispute settlement is multipurpose and multi-optional.
This chapter of the handbook examines the sanctioning doctrines within Anglo-American criminal law and explores similarities and differences between criminal blame and ordinary social blame. The chapter explores the legal notion of actus reus in the context of intended but incomplete transgressive conduct, the distinction between intended and unintended outcomes, as well as questions of recklessness and the role of a transgressor’s character in ordinary and legal blame. It also explores the possibility that a fundamental human motivation to punish those with bad character can influence perceptions of legal questions such as consciousness of risk. Intuitions about the role of moral character in legal blame have produced legal rules restricting the consideration of prior misdeeds. At the same time, these rules and their interpretation ultimately rest on political and moral judgments, rather than psychological insights. The chapter concludes by briefly exploring some remaining questions of criminal law and intuitive blame, such as the role of cultural commitments on motivations to impose legal blame.
Historiographic reasoning from evidentiary inputs is sui generis. Historiography is neither empirical, nor self-knowledge, nor a genre of fiction or ideology. Historiographic reasoning is irreducible to general scientific or social science reasoning. The book applies Bayesian insights to explicate historiographic reasoning as probable. It distinguishes epistemic transmission of knowledge from evidence from the generation of detailed historiographic knowledge from multiple coherent and independent evidentiary inputs in three modular stages. A history of historiographic reasoning since the late 18th century demonstrates that there was a historiographic scientific revolution across the historical sciences in the late 18th and early 19th centuries. The underdetermination of historiography by the evidence, counterfactual historiographic reasoning, and false reasoning and other fallacies are further explained and discussed in terms of the probabilistic relations between the evidence and historiography.
This Element surveys contemporary philosophical and psychological work on various forms of irrationality: akrasia, strange beliefs, and implicit bias. It takes up several questions in an effort to better illuminate these more maligned aspects of human behaviour and cognition: what is rationality? Why is it irrational to act against one's better judgement? Could it ever be rational to do so? What's going wrong with beliefs in conspiracy theories, those arising from self-deception, or those which are classed as delusional? Might some of them in fact be appropriate responses to evidence? Are implicit biases irrational when they conflict with our avowed beliefs? Or might they be rational insofar as they track social realities?
Law enforcement institutions in India are undergoing fundamental media technological transformations, integrating digital media technologies into crime investigation, documentation, and presentation methods. This article seeks to understand these transformations by examining the curious case of 65-B certificates, a mandatory paper document that gatekeeps and governs the life of new media objects as evidence in the Indian legal system. In exploring the tensions that arise when bureaucratic institutions change their means of information production, the article reflects on the continued stubborn presence of paper at this transformative juncture in the life of legal institutions. By studying the role of paper in bureaucratic practices, analyzing jurisprudential debates and case law surrounding 65-B certificates, and thinking through some scattered ethnographic encounters around these certificates involving police officers, forensic scientists, and practicing lawyers, this article argues that despite ongoing digital transformations, law essentially remains a technology of paper.
Educational assessment concerns inference about students' knowledge, skills, and accomplishments. Because data are never so comprehensive and unequivocal as to ensure certitude, test theory evolved in part to address questions of weight, coverage, and import of data. The resulting concepts and techniques can be viewed as applications of more general principles for inference in the presence of uncertainty. Issues of evidence and inference in educational assessment are discussed from this perspective.
This article interrogates three claims made in relation to the use of data in relation to peace. That more data, faster data, and impartial data will lead to better policy and practice outcomes. Taken together, this data myth relies on a lack of curiosity about the provenance of data and the infrastructure that produces it and asserts its legitimacy. Our discussion is concerned with issues of power, inclusion, and exclusion, and particularly how knowledge hierarchies attend to the collection and use of data in relation to conflict-affected contexts. We therefore question the axiomatic nature of these data myth claims and argue that the structure and dynamics of peacebuilding actors perpetuate the myth. We advocate a fuller reflection of the data wave that has overtaken us and echo calls for an ethics of numbers. In other words, this article is concerned with the evidence base for evidence-based peacebuilding. Mindful of the policy implications of our concerns, the article puts forward five tenets of good practice in relation to data and the peacebuilding sector. The concluding discussion further considers the policy implications of the data myth in relation to peace, and particularly, the consequences of casting peace and conflict as technical issues that can be “solved” without recourse to human and political factors.