Applying Recent Argumentation Methods to Some Ancient Examples of Plausible Reasoning

Plausible (eikotic) reasoning known from ancient Greek (late Academic) skeptical philosophy is shown to be a clear notion that can be analyzed by argumentation methods, and that is important for argumentation studies. It is shown how there is a continuous thread running from the Sophists to the skeptical philosopher Carneades, through remarks of Locke and Bentham on the subject, to recent research in artificial intelligence. Eleven characteristics of plausible reasoning are specified by analyzing key examples of it recognized as important in ancient Greek skeptical philosophy using an artificial intelligence model called the Carneades Argumentation System (CAS). By applying CAS to ancient examples it is shown how plausible reasoning is especially useful for gaining a better understanding of evidential reasoning in law, and argued that it can also be applied to everyday argumentation. Our analysis of the snake and rope example of Carneades is also used to point out some ways CAS needs to be extended if it is to more fully model the views of this ancient philosopher on argumentation.     

Diagnostic Work through Evidence-Based Guidelines: Avoiding Gaps Between Development and Implementation of a Guideline for Problem Behaviour in Elderly Care

Diagnostic work is the reflexive work of figuring out what issues are at stake and determining the scope for action. This work is not generally accommodated by evidence-based guidelines, which generally promote a uniform, predefined approach to solving healthcare problems that risk narrowing the opportunities for diagnostic work in healthcare practice. Consequently, guidelines are often criticised as too general to solve situated, individual healthcare problems and gaps between guidelines and their implementation are often reported. The Netherlands has developed a guideline for problem behaviour in elderly care, explicitly designed for diagnostic work, thus stimulating a situated approach. Relational problem behaviour is highly embedded in its context. The guideline stimulates diagnostic work, which helps to unravel problem behaviour and is opening alternatives in elderly care. Diagnostic work does not transfer guideline development problems to healthcare practice, but simply structures the decision-making process without giving a predefined answer. Diagnostic work is thus important to consider in order to avoid a gap between guideline development and implementation.     

Zum Stand der forensischen und forensisch-psychiatrischen Nachsorge in der Bundesrepublik Deutschland (Daten aus der sog. Pfingstabfrage 2013)

In 2007 forensic aftercare was integrated into the German Penal Code as part of legal supervision. Since then a large and growing number of patients have been supervised by forensic psychiatric aftercare units throughout Germany. Due to the federal system in Germany the system of forensic aftercare has developed differently in the 16 federal states. The number of patients looked after varies widely and the implementation of several legal norms also differs from state to state. This article gives an overview of the situation of forensic aftercare in the different German federal states and presents some specific characteristics of the development.     

Minority religions,litigation, and the prevention of harm

Religious anti-discrimination legislation institutionalises non-violent ways of living with radical difference associated with religious diversity. The need to govern the growing number of conflicts generated by increasingly pluralistic societies is a major reason governments have introduced a range of new laws relating to religion. These laws are important not only because they protect human rights, which they do, but also because they shape social processes that generate extreme harms such as mass murder and the sexual abuse of minors. A detailed examination of three case studies of minority religions illustrates this argument. The histories of the Fundamentalist Latter Day Saints and The Family demonstrate that the socio-cultural processes that result in sexual abuse in minority religions are similar to the processes that result in extreme violence and that litigation plays a key role in preventing the escalation of these processes, although it is of a post hoc nature. The case of the Ordo Templi Orientis demonstrates that religious anti-discrimination legislation proactively disrupts the socio-cultural processes that lead to the escalation of tension that results in serious forms of harm.