Formal aspects of Legal reasoning

This paper discusses the functions of deductive justification in ideal reconstructions of judicial reasoning. It departs from the point of judicial reasoning: explaining and justifying the judicial decision. It argues that deductive validity is not enough for good judicial argument. On the other hand, deductive justification is necessary, not only for easy cases but for hard cases as well. It draws some consequences for the concept of jumps in legal reasoning and for the traditional distinction between internal and external justification.     

Arguing about the ethics of past actions: An analysis of a taped conversation about a taped conversation

In the face of widespread cynicism as regards the possibilities for reasoned and reasonable adjudication of ethical differences in the postmodern age, this essay proposes a dialogic, reconstructive rhetoric as a vehicle for jointly arguing about the ethics of past actions, and looks to the friendship circle as a model arena for the playing out of such a rhetoric. Analyzed by way of illustration is a conversation among four good friends about the ethics of another, surreptitiously taped, conversation between two of those friends.The author wishes to thank Barbie Zeltzer and Micheal Krippondorf, both of Temple University, fot thier comments. Abridged versions of this paper were presented at the Iowa Conference on Narrative in the Human Sciences,1990 and at the England Symposium in Narratives in the Social Sciences. Commentaries at these conferences were also very useful.     

Argument and alternative dispute resolution systems

Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (renta-judge), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.     

Towards an account of argumentation in science

In this article it is argued that a complex model that includes Toulmin's functional account of argument, the pragma-dialectical stage analysis of argumentation offered by the Amsterdam School, and criteria developed in critical thinking theory, can be used to account for the normativity and field-dependence of argumentation in science. A pragma-dialectical interpretation of the four main elements of Toulmin's model, and a revised account of the double role of warrants, illuminates the domain specificity of scientific argumentation and the restrictions to which the confrontation and opening stages of scientific critical discussions are subjected. In regard to the argumentation stage, examples are given to show that a general account of argumentation, as advocated by informal logicians, is not applicable to arguments in science. Furthermore, although patterns of inference differ in various scientific practices, deductive validity is argued to be a crucial notion in the assessment of scientific arguments. Finally, some remarks are made concerning the burden of proof and the concluding stage of scientific argumentation.     

Serial conditioning as a function of stimulus, response, and temporal dependencies

Six experiments were used to examine the effects of explicit response, stimulus, and temporal dependencies on responding in an interfood interval. The first two experiments demonstrated that 10-segment 60-s interfood clocks controlled similar distributions of key pecking in pigeons regardless of whether response–reinforcement contiguity was required, allowed, or precluded. The third and fourth experiments found that in the absence of an explicit response–reinforcement dependency, systematic explicit stimuli in an interfood interval were sufficient to establish and maintain the characteristic distribution of key pecking and that an interval without an explicit clock failed to establish or maintain key pecking. The last two experiments demonstrated that the interfood interval need not be of fixed length, and that a simple correlation of stimuli with increments from either a minimum to a maximum imminency or probability of food presentation controlled behavior in a similar manner. Successively higher rates generally occurred to successively later stimuli in the upper half of the range.     

Psychometric Evaluation of an Alternate Scoring for the Remote Associates Test

The Remote Associates Test (RAT; Mednick, 1962; Mednick & Mednick, 1967) is a commonly employed test of creative convergent thinking. The RAT is scored with a dichotomous scoring, scoring correct answers as 1 and all other answers as 0. Based on recent research into the information processing underlying RAT performance, we argued that the dichotomous scoring may lead to a loss of potentially relevant information. Thus, we proposed an alternate scoring based on semantic similarity between the answer given by the participant and the correct solution using Latent Semantic Analysis (LSA; Landauer & Dumais, 1997). We evaluate the psychometric properties of the alternate LSA scoring and found evidence of construct validity for the LSA scoring which was comparable to findings for the standard scoring, but not better as we would have expected. Thus, our expectations that LSA-based scoring of the RAT counteracts potential information loss were not met. However, LSA based scorings appear to be a promising alternative for hardly solvable RAT items. We conducted additional analyses comparing different RAT item types with regard to their validity as well as evaluating the information uniquely contained in the LSA scoring. Implications of all finding for existing research using RAT items are discussed.     

汉语儿童词语结构意识在阅读理解中的预测作用

以382名小学一、三、五年级学生为被试,进行为期一年的追踪研究,通过分层回归,探索了词语结构意识在儿童阅读理解中作用的发展性变化。结果发现：（1）在控制了性别、瑞文推理、汉字识别、口语词汇以及快速命名和语音意识之后,在三年级T2、五年级和五年级T2发现了词语结构意识对同期阅读理解有独特解释作用,而在一年级、一年级T2和三年级均未发现词语结构意识对同期阅读理解的独特贡献;（2）在控制了性别、瑞文推理、自回归效应以及其他相关变量的作用后,三年级和五年级时的词语结构意识分别对一年后的阅读理解具有独特的预测作用。结果表明,在小学低年级阶段,词语结构意识在阅读理解中的作用还未显现,在小学中高年级阶段,词语结构意识对儿童阅读理解有显著的预测作用。     

Divided stimulus control: a replication and a quantitative model

Four pigeons were trained on a conditional discrimination. The conditional stimuli were compounds of pairs of stimuli from two different dimensions, fast versus slow cycles of red or green stimuli, and short- versus long-duration presentations of these cycles. Across conditions, the probability of reinforcers for correctly responding to each dimension was varied from 0 to 1. Discriminability, measured by log d, for stimuli on a dimension increased as the relative frequency of reinforcers for that dimension increased, replicating the results of Shahan and Podlesnik (2006). Two further conditions showed that discriminability between stimuli on each dimension was unaffected by whether the stimuli on the other dimension varied or were constant. Finally, maximal discriminability was unchanged in a redundant-relevant cues condition in which either of the stimuli comprising a compound signaled the same correct response. Davison and Nevin's (1999) model provided an excellent quantitative account of the effect of relative reinforcer frequency on discriminability, and thus of the way in which divided stimulus control is itself controlled by relative reinforcement.     

The identities hidden in the matching laws, and their uses

Various theoretical equations have been proposed to predict response rate as a function of the rate of reinforcement. If both the rate and probability of reinforcement are considered, a simple identity, defining equation, or "law" holds. This identity places algebraic constraints on the allowable forms of our mathematical models and can help identify the referents for certain empirical or theoretical coefficients. This identity can be applied to both single and compound schedules of reinforcement, absolute and relative measures, and to local, global and overall rates and probabilities. The rate matching equations of Hernstein and Catania appear to have been approximations to, and to have been evolving toward, one form of this algebraic identity. Estimates of the bias and sensitivity terms in the generalized ratio and logarithmic matching models are here held to be averaging artifacts arising from fitting procedures applied to models that violate or conceal the underlying identities.