The Trial of the Expert: ÉÉpreuve and Preuve

Author(s):  
Mireille Hildebrandt

This article explores the complex relationship between law and (scientific) expertise. The author first discusses the difference between scientific knowledge and scientific expertise, tracing the historical roots of the concept of proof in a legal rather than a mathematical context. Second, the historical roots of the fair trial are discussed in terms of the premodern éépreuve and the modern preuve, demonstrating the relationship with coordinate and subordinate types of justice. Third, Foucault's analysis of éépreuve, enquêête, and examèèn is extended to clarify how preuve and éépreuve have been integrated into the fair trial, which is explained in relation to the formal and the substantive notions of the "Rechtsstaat." This analysis finally allows the author to discuss the difference between two approaches of scientific expertise in court: one claiming that judges should defer to science and another claiming that a court of law is one of the spaces in which such expertise can be contested. The article concludes that the integration of subordinate and coordinate justice exemplified in the fair trial, opens new perspectives for the testing of scientific expertise, taking into account whose interests are at stake.

1986 ◽  
Vol 51 (4) ◽  
pp. 362-369 ◽  
Author(s):  
Donna M. Risberg ◽  
Robyn M. Cox

A custom in-the-ear (ITE) hearing aid fitting was compared to two over-the-ear (OTE) hearing aid fittings for each of 9 subjects with mild to moderately severe hearing losses. Speech intelligibility via the three instruments was compared using the Speech Intelligibility Rating (SIR) test. The relationship between functional gain and coupler gain was compared for the ITE and the higher rated OTE instruments. The difference in input received at the microphone locations of the two types of hearing aids was measured for 10 different subjects and compared to the functional gain data. It was concluded that (a) for persons with mild to moderately severe hearing losses, appropriately adjusted custom ITE fittings typically yield speech intelligibility that is equal to the better OTE fitting identified in a comparative evaluation; and (b) gain prescriptions for ITE hearing aids should be adjusted to account for the high-frequency emphasis associated with in-the-concha microphone placement.


VASA ◽  
2020 ◽  
pp. 1-6
Author(s):  
Hanji Zhang ◽  
Dexin Yin ◽  
Yue Zhao ◽  
Yezhou Li ◽  
Dejiang Yao ◽  
...  

Summary: Our meta-analysis focused on the relationship between homocysteine (Hcy) level and the incidence of aneurysms and looked at the relationship between smoking, hypertension and aneurysms. A systematic literature search of Pubmed, Web of Science, and Embase databases (up to March 31, 2020) resulted in the identification of 19 studies, including 2,629 aneurysm patients and 6,497 healthy participants. Combined analysis of the included studies showed that number of smoking, hypertension and hyperhomocysteinemia (HHcy) in aneurysm patients was higher than that in the control groups, and the total plasma Hcy level in aneurysm patients was also higher. These findings suggest that smoking, hypertension and HHcy may be risk factors for the development and progression of aneurysms. Although the heterogeneity of meta-analysis was significant, it was found that the heterogeneity might come from the difference between race and disease species through subgroup analysis. Large-scale randomized controlled studies of single species and single disease species are needed in the future to supplement the accuracy of the results.


2020 ◽  
Vol 22 (3) ◽  
pp. 341-361
Author(s):  
Gonzalo Grau-Pérez ◽  
J. Guillermo Milán

In Uruguay, Lacanian ideas arrived in the 1960s, into a context of Kleinian hegemony. Adopting a discursive approach, this study researched the initial reception of these ideas and its effects on clinical practices. We gathered a corpus of discursive data from clinical cases and theoretical-doctrinal articles (from the 1960s, 1970s and 1980s). In order to examine the effects of Lacanian ideas, we analysed the difference in the way of interpreting the clinical material before and after Lacan's reception. The results of this research illuminate some epistemological problems of psychoanalysis, especially the relationship between theory and clinical practice.


2012 ◽  
Vol 6 (1-3) ◽  
pp. 165-184
Author(s):  
Timothy Beal

This essay attends to a distinction that requires closer examination and theorization in our discourse on iconic books and other scriptures: the difference between iconic object and cultural icon. How do we conceive of relations between the particular, ritualized iconicities of particular scriptures in particular religious contexts and the cultural iconicities of scriptures in general, such as “the Bible” or “the Quran,” whose visual and material objectivity is highly ambiguous? How if at all are the iconic cultural meanings of the ideas of such books related to the particular iconic textual objects more or less instantiate them? These questions are explored through particular focus on the relationship between the particular iconicities of particular print Bibles, as iconic objects, and the general iconicity of the cultural icon of the Bible.


2017 ◽  
Vol 1 (2) ◽  
pp. 137
Author(s):  
Noorlela Binti Noordin ◽  
Abdul Razaq Ahmad ◽  
Anuar Ahmad

This study was aimed to evaluate the Malay proficiency among students in Form Two especially non-Malay students and its relationship to academic achievement History. To achieve the purpose of the study there are two objectives, the first is to look at the difference between mean of Malay Language test influences min of academic achievement of History subject among non-Malay students in Form Two and the second is the relationship between the level of Malay proficiency and their academic achievement for History. This study used quantitative methods, which involved 100 people of Form Two non-Malay students in one of the schools in Klang, Selangor. This study used quantitative data were analyzed using descriptive statistics and statistical inference with IBM SPSS Statistics v22 software. This study found that there was a relationship between the proficiency of Malay language among non-Malay students with achievements in the subject of History. The implications of this study are discussed in this article.


Author(s):  
Вадим Леонидович Афанасьевский

В статье анализируется проблема взаимоотношений философии права и научной теории права. Рассматриваемая проблема стала особенно актуальной в российском образовательном пространстве в связи с введением после длительного перерыва в государственный образовательный стандарт магистратуры по юриспруденции учебной дисциплины «Философия права». Автор статьи в качестве базисного принимает тезис, согласно которому философия права, являясь сферой философской мысли, и теория права как область научного социогуманитарного знания представляют собой разные типы теоретического дискурса. Исходя из этого, в статье выстраивается теоретическая концепция, согласно которой задачей философии права как философского типа мышления является конструирование или экспликация онтологических, эпистемологических, аксиологических, феноменологических оснований для формирования и функционирования научных теоретико-правовых и историко-правовых построений. Для реализации поставленной в статье задачи подробно рассматриваются ключевые характеристики как теории философского типа, так и идеалов, норм и характеристик научного знания. Выявленное различие экстраполируется на взаимоотношение теории права как продукта научного творчества и философии права как конструкции, задающей базовые мировоззренческие смыслы. В качестве примера выработанных философией права и государства оснований научных теорий прогресса, государства, морали и права, автор приводит взгляды мыслителей западноевропейской философской классики: Т. Гоббса, Ж.-Ж. Руссо, И. Канта, Г.В.Ф. Гегеля. Именно их философские концепции предопределили образы теоретико- и историко-правовых учений XVIII, XIX, XX и даже начала XXI в. Таким образом, отношение философии права и теории права выстраивается по «вертикали»: от онтологического основания к возведению теоретико-правовых и историко-правовых научных построений. The article analyzes the problem of the relationship between the philosophy of law and the scientific theory of law. The problem under consideration has become especially urgent in the Russian educational space in connection with the introduction of the Philosophy of Law discipline master's degree in law after a long break. The author of the article takes as the basis the thesis that the philosophy of law, being the sphere of philosophical thought, and the theory of law as a field of scientific socio-humanitarian knowledge are different types of theoretical discourse. Based on this, the article builds a theoretical concept according to which the task of the philosophy of law as a philosophical type of thinking is the construction or explication of ontological, epistemological, axiological, phenomenological grounds for the formation and functioning of concrete scientific theoretical and legal and historical and legal constructions. To implement the task posed in the article, the key characteristics of both a theory of a philosophical type and ideals, norms and characteristics of scientific knowledge are examined in detail. The revealed difference is extrapolated to the relationship between the theory of law as a product of scientific creativity and the philosophy of law as a construction that sets basic philosophical meanings. As an example of the foundations of the scientific theories of progress, state, morality and law developed by the philosophy of law and the state, the author gives the views and thinkers of the West European philosophical classics T. Hobbes, J.-J. Russo, I. Kant, G.V.F. Hegel. It was their philosophical concepts that predetermined the images of theoretical and historical-legal doctrines of the XVIII, XIX, XX and even the beginning of the XXI centuries. Thus, the attitude of the philosophy of law and the theory of law is built along the «vertical»: from the ontological foundation to the construction of theoretical and historical and historical legal scientific constructions.


2016 ◽  
Vol 7 (1) ◽  
Author(s):  
Poornima Madan ◽  
Shalini Srivastava

The purpose of the study is to investigate the relationship between locus of control and impression management. The study also examines the variation in locus of control dimensions namely, internality, externality (others) and externality (chance). It further investigates the difference on perception of demographic variables (gender and marital status) and sectoral difference on impression management. The study was administered on 125 Managers who were representatives of different private and public sector organizations in Delhi/NCR. Variables in the study were assessed using validated instruments. Descriptive Statistics, t-test, Correlation and Regression were used for data analysis. Organizations will be better prepared to dig into the arena of one of the personality variable, i.e. locus of control and its relationship with impression management. The current research is imperative in providing insights into role of personality variable (locus of control) and impression management, which will be one of the pioneer researches available till date. Moreover, the research will highlight the significance of locus of control dimensions and impression management.


This survey of research on psychology in five volumes is a part of a series undertaken by the ICSSR since 1969, which covers various disciplines under social science. Volume Five of this survey, Explorations into Psyche and Psychology: Some Emerging Perspectives, examines the future of psychology in India. For a very long time, intellectual investments in understanding mental life have led to varied formulations about mind and its functions across the word. However, a critical reflection of the state of the disciplinary affairs indicates the dominance of Euro-American theories and methods, which offer an understanding coloured by a Western world view, which fails to do justice with many non-Western cultural settings. The chapters in this volume expand the scope of psychology to encompass indigenous knowledge available in the Indian tradition and invite engaging with emancipatory concerns as well as broadening the disciplinary base. The contributors situate the difference between the Eastern and Western conceptions of the mind in the practice of psychology. They look at this discipline as shaped by and shaping between systems like yoga. They also analyse animal behaviour through the lens of psychology and bring out insights about evolution of individual and social behaviour. This volume offers critique the contemporary psychological practices in India and offers a new perspective called ‘public psychology’ to construe and analyse the relationship between psychologists and their objects of study. Finally, some paradigmatic, pedagogical, and substantive issues are highlighted to restructure the practice of psychology in the Indian setting.


Author(s):  
William James

‘By their fruits ye shall know them, not by their roots.’ The Varieties of Religious Experience (1902) is William James’s classic survey of religious belief in its most personal, and often its most heterodox, aspects. Asking questions such as how we define evil to ourselves, the difference between a healthy and a divided mind, the value of saintly behaviour, and what animates and characterizes the mental landscape of sudden conversion, James’s masterpiece stands at a unique moment in the relationship between belief and culture. Faith in institutional religion and dogmatic theology was fading away, and the search for an authentic religion rooted in personality and subjectivity was a project conducted as an urgent necessity. With psychological insight, philosophical rigour, and a determination not to jump to the conclusion that in tracing religion’s mental causes we necessarily diminish its truth or value, in the Varieties James wrote a truly foundational text for modern belief. Matthew Bradley’s wide-ranging new edition examines the ideas that continue to fuel modern debates on atheism and faith.


Author(s):  
D. T. Gauld ◽  
J. E. G. Raymont

The respiratory rates of three species of planktonic copepods, Acartia clausi, Centropages hamatus and Temora longicornis, were measured at four different temperatures.The relationship between respiratory rate and temperature was found to be similar to that previously found for Calanus, although the slope of the curves differed in the different species.The observations on Centropages at 13 and 170 C. can be divided into two groups and it is suggested that the differences are due to the use of copepods from two different generations.The relationship between the respiratory rates and lengths of Acartia and Centropages agreed very well with that previously found for other species. That for Temora was rather different: the difference is probably due to the distinct difference in the shape of the body of Temora from those of the other species.The application of these measurements to estimates of the food requirements of the copepods is discussed.


Sign in / Sign up

Export Citation Format

Share Document