Reading,feeling, believing: online testimonies and the making of Evangelical emotion

A personal relationship with God is central to Evangelical belief. It unfolds as believers interpret internal sensations as coming from outside—from God. How does the formulaic design of testimonies present the audience with a personal relationship with God as a pursuit that is both feasible and deeply desirable? Analyzing the discursive rules structuring the appearance of emotion in the most popular testimonies on the online platform of Christianity Today reveals that such texts expertly present a microcosm in which the experience of reading mirrors the trajectory toward belief writers describe. To read a testimony from start to finish, readers must choose to tolerate the unfamiliar: that is, feel emotions that specifically belong in an Evangelical frame. Online written testimony relies on compelling storytelling to move readers, making them practise what it feels like to hand over part of one’s own story to God.     

鉴定结论证据能力及证明力分析——以医疗事故鉴定结论为视角

在比较大陆法系鉴定结论与英美法系专家证言的证据能力和证明力的基础上,对我国的鉴定结论证明能力与证明力问题进行了分析论证。重点对医疗事故鉴定结论的证据能力与证明力进行了分析,结合我国实际提出了相关的立法完善建议。     

Responsabilités de l’expert judiciaire médical : des exigences déontologiques renforcées pour une activité accessoire

Medical doctor, forensic expert. Behind the duality of this role lie several professional obligations and responsibilities that must always be borne in mind by those who make a contribution to justice in providing their skills and professional knowledge. In reality, taking a moment to reflect on the ethical duties of the Forensic Medical Expert involves realizing that today, regulations and jurisprudence are seldom a requirement in a profession that performs an activity which may be ancillary but which is nonetheless essential in revealing the truth and therefore working towards Justice. Said person passes protean responsibilities on to health professionals for those who, paradoxically and statutorily, only occasionally work with the justice system. As such, from a civil, criminal and disciplinary perspective, a person skilled in the art is responsible for faults committed under the control of both the justice system and their peers in terms of their medical and expert activities. Given that the ancillary activity adds a great deal to the main role, this study raises the question of the ambiguity of a status that would benefit from official recognition as a regulated legal profession.     

The prevalence of declarative and indirect yes/no Questions when children testify in criminal cases of child sexual abuse in the United States

The present study assessed how attorneys questioned children in cases of child sexual abuse in the United States tried between 2005 and 2015. Trial testimonies (N = 134) of 5- to 17-year-olds (M = 12 years old) were coded for the linguistic form of attorneys' questions and children's subsequent responses. Three fourths of all questions were closed ended. Both declarative (statement question; e.g., “And he hit you?”; 21% of questions) and indirect yes/no questions (beginning with an indirect speech act; e.g., “Do you remember X?”; 11% of questions) were common, and produced potentially problematic responses, in comparison with forced-choice and yes/no questions. Declarative questions elicited the highest rates of unelaborative responses whereas indirect yes/no questions elicited the highest rate of nonsubstantive responses. The findings highlight the importance for researchers to better assess children's responses to declarative questions and for prosecuting attorneys to cautiously use declarative and indirect yes/no questions when questioning children.     

Lexical norms,language comprehension,and the epistemology of testimony

It has recently been argued (for instance by Sanford Goldberg, expanding on earlier work by Tyler Burge) that public linguistic norms are implicated in the epistemology of testimony by way of underwriting the reliability of language comprehension. This paper argues that linguistic normativity, as such, makes no explanatory contribution to the epistemology of testimony, but instead emerges naturally out of a collective effort to maintain language as a reliable medium for the dissemination of knowledge. Consequently, the epistemologies of testimony and language comprehension are deeply intertwined from the start, and there is no room for grounding the one in terms of the other.     

Emotional reactions to crime across cultures

Information about the emotions experienced by observers when they witness crimes would have important theoretical and practical implications, but to date no study has broadly assessed such emotional reactions. This study addressed this gap in the literature. Observers in seven countries viewed seven videos portraying actual crimes and rated their emotional reactions to each using 14 emotion scales. Observers reported significantly high levels of negative emotions including anger, contempt, disgust, fear and sadness‐related emotions, and anger, contempt and disgust were the most salient emotions experienced by viewers across all countries. Witnesses also reported significantly high levels of positive emotions as well (compared to not feeling the emotion at all), which was unexpected. Country moderated the emotion ratings; post‐hoc analyses indicated that masculine‐oriented cultures reported less nervousness, surprise, excitement, fear and embarrassment than feminine cultures.     

The Rhetoric of Deliberation: Some Problems in Kantian Theories of Deliberative Democracy

Deliberative or discursive models of democracy have recently enjoyed a revival in both political theory and policy practice. Against the picture of democracy as a procedure for aggregating and effectively meeting the given preference of individuals, deliberative theory offers a model of democracy as a forum through which judgements and preferences are formed and altered through reasoned dialogue between free and equal citizens. Much in the recent revival of deliberative democracy, especially that which comes through Habermas and Rawls, has Kantian roots. Deliberative institutions are embodiments of the free public use of reason that Kant takes to define the enlightenment project. Within the Kantian model the public use of reason is incompatible with the use of rhetoric. While this paper rejects strong rhetorical criticisms of deliberative democracy which render all communication strategic, it argues that rhetorical studies of deliberation have highlighted features of deliberation which point to significant weaknesses in Kantian approaches to it. Two features are of particular importance: the role of testimony and judgements of credibility in deliberation; and the role of appeal to emotions in public discourse. Both from the Kantian perspective are potential sources of heteronomy. However, the appeal to testimony and emotion are features of public deliberation that cannot and should not be eliminated. For those committed to the enlightenment values that underlie the deliberative model of democracy the question is whether these rhetorical features of deliberation are incompatible with those values. The paper argues that they are compatible. It does so by defending an Aristotelian account of rhetoric in public deliberation which denies the Platonic contrast between reasoned discourse and rhetoric which the Kantian model inherits. This revised version was published online in August 2006 with corrections to the Cover Date.     

Reminiscence and hypermnesia in children's eyewitness memory

Three experiments examined reminiscence and hypermnesia in 5- and 6-year-olds' memory for an event across repeated interviews that occurred either immediately afterward (Experiment 1) or after a 6-month delay (Experiments 2 and 3). Reminiscence (recall of new information) was reliably obtained in all of the experiments, although the numbers of new items recalled were fewer after a delay than when the interviews occurred immediately afterward. Hypermnesia (increasing total recall over repeated recall attempts) was obtained only in Experiment 1 when interviews occurred immediately and 24 h after the event.     

"I saw it with my own ears": the effects of peer conversations on preschoolers' reports of nonexperienced events

The study was designed to explore the effects of naturally occurring peer interactions and repeated suggestive interviews on preschoolers' (N=96, Meanage=54 months) memories for a personally experienced event, namely a staged archaeological dig. During the dig, one third of the children witnessed two "target" activities. A second third of the children were the classmates of those in the first group, but did not witness the target activities. The remaining children were not the classmates of those who witnessed the target activities, nor did they witness the target activities themselves, and thus served to provide a baseline against which to assess the effects of peer contact. Following the dig, the children were interviewed in either a neutral or suggestive manner on three occasions. Results from a fourth interview by a new examiner revealed that the combination of suggestive interviews and peer exposure led to claims of witnessing the target activities by the classmate group that were comparable to the children who actually did witness these activities. Further, assent rates to misleading questions employing peer pressure and false claims of actually seeing versus merely hearing about the target activities were elevated following opportunities to discuss these activities with peers.     

Children's memories of experienced and nonexperienced events following repeated interviews

The present study compared 3- and 5-year-olds' reports of a true or false play interaction following repeated interviews. Final interviews were conducted either by the same researcher or by a new researcher. Age-related improvements in performance were evident. Also, 3-year-olds questioned repeatedly about an entirely false event made more errors in response to specific questions than 3-year-olds questioned repeatedly about false details of a true event. Five-year-olds who were questioned about the false event, however, were particularly accurate when answering questions about never-experienced body touch. Interviewer familiarity was associated with decreases in the amount of narrative detail 5-year-olds provided in free-recall and with increases in 3-year-olds' accuracy in response to direct questions. Both errors and response latency on a cognitive matching task were related to children's suggestibility.