The Economic, Political, Strategic, and Rhetorical Uses of Simple Constructive Dilemma in Legal Argument

The author argues that simple constructive dilemma is a valuable argument form for reasoning under relative conditions of uncertainty. When applied to legal argument this value of simple constructive dilemma is shown in its political, strategic, rhetorical, and especially economic, uses by lawyers and judges. After considering some examples of the use of the form by trial lawyers, the author gives examples of the more interesting use of the form by appellate courts. Research into the use of simple constructive dilemma by appellate courts helps us to understand how those courts distribute judicial resources. It also helps us to understand the political role of the appellate courts with respect to the doctrine of the separation of powers. Given some of the specific examples of legal reasoning used by the appellate courts presented in this article, and given the discussion of the doctrine of precedent, the article’s focus is on common law legal systems of the Anglo-American-type.     

Exact Interval Estimation, Power Calculation, and Sample Size Determination in Normal Correlation Analysis

This paper considers the problem of analysis of correlation coefficients from a multivariate normal population. A unified theorem is derived for the regression model with normally distributed explanatory variables and the general results are employed to provide useful expressions for the distributions of simple, multiple, and partial-multiple correlation coefficients. The inversion principle and monotonicity property of the proposed formulations are used to describe alternative approaches to the exact interval estimation, power calculation, and sample size determination for correlation coefficients. The author thanks the referees for their constructive comments and helpful suggestions and especially the associate editor for drawing attention to several critical results which led to substantial improvements of the exposition. The work for this paper was initiated while the author was visiting the Department of Statistics, Stanford University. This research was partially supported by National Science Council Grant NSC-94-2118-M-009-004. Request for reprints should be sent to Gwowen Shieh, Department of Management Science, National Chiao Tung University, Hsinchu, Taiwan 30050, ROC.     

简单与复杂物理问题解决及状态元认知

本研究采用认知作业分析及问卷法,研究了中学生简单与复杂物理问题解决的表征机制及状态元认知结构。结果显示：(1)物理问题解决是对问题的表征状态不断转换的过程,其受认知主体信息的提取、转换、整合能力及状态元认知的影响;(2)中学生物理问题解决中的状态元认知主要由他的自我效能感、自我监测、策略系统三种成分构成;(3)复杂问题解决的关链是正确提取范畴性知识以形成对问题的深层表征。     

Within-session changes in the VI response function: separating food density from elapsed session time.

Previous studies examining the relationship between response rate and reinforcement rate on variable-interval schedules (the variable-interval response function) have confounded elapsed session time with within-session changes in food density. The present experiments attempted to manipulate these factors independently and thus isolate their effects on responding. In Experiment 1, 7 rats pressed a bar for food on a series of four variable-interval schedules (7.5 s, 15 s, 30 s, and 480 s). Elapsed session time was held constant while food density was manipulated via a presession feeding. Changes in food density altered the form of the variable-interval response function, independently of elapsed session time. In Experiment 2, 8 rats responded on the same series of variable-interval schedules as in Experiment 1, but food density was held constant and elapsed session time was manipulated via the use of timeout periods. The results revealed no evidence for an effect of elapsed session time independent of food density. The present results extend a recent analysis of the variable-interval response function by Dougan, Kuh, and Vink (1993) by identifying food density as an important factor determining the form of the function. The present results also help clarify the controversy over the correct empirical form of the variable-interval response function by further defining the variables responsible for differences in the form of that function.     

Fractal growth of graphite nodules in iron

It has been found from a large number of statistical tests that graphite nodules in malleable iron grow with time according to a power law. The growth of the nodules and their fractal dimension have been investigated experimentally as a function of annealing time. Based on the assumption of carbon-diffusion-controlled growth in the initial stage, the growth equation is R _G = K ₁ t ^1/(D-1), where R _G is the radius of the graphite nodules, t the time, D the fractal dimension and K ₁ a constant. Assuming cementite-dissolution-controlled growth in the later stages of growth, the relation is R _G = K ₃ t ^3/D , where K ₃ is a constant. The fractal dimension, or the aggregate state of the graphite nodules, strongly influences the growth process.     

When the Rule is Ruled Out: Exemplars and Rules in Decisions from Memory

What are the cognitive processes underlying people's decisions from memory? Previous research suggests that these processes can be best described by strategies that are based on abstract knowledge about the decision task (e.g., cue–criterion relations). However, recent results show that different cue presentation formats trigger the use of different decision strategies and that exemplar‐based strategies can account for memory‐based decisions as well. In three experiments, this effect was replicated, and mediation analyses identified the quality of the underlying knowledge representation as the critical variable that determines decision behavior. This supports the view that exemplar‐based reasoning is used as a backup system if cue abstraction is hindered. Copyright © 2012 John Wiley & Sons, Ltd.     

Late reaction times identify MCI

A group of 172 mild cognitive impairment (MCI) patients and 79 healthy control participants (HC) were tested on simple reaction time (SRT). There was a significant difference between MCI and HC in mean SRT. The test could be partitioned into five segments of 16 trials each, but RT's were not always available for each partition. However, scores from each segment for 166 MCI and 41 of the HC's were available. These data showed that a significant interaction between RT‐partition and diagnostic category was the main source of the difference between groups. The interaction indicated that MCI patients performed at about the same level as HC in the initial three of the five segments of the test, but were significantly impaired during the last two segments of the 80 trials. The results were interpreted as impaired sustained attention among a large part of the MCI group, and the study shows the importance of taking into account all avaliable data resulting from this type of test.     

Examining the Role of Similarity Coefficients and the Value of Behavioural Themes in Attempts to Link Serial Arson Offences

When relying on crime scene behaviours to link serial crimes, linking accuracy may be influenced by the measure used to assess across‐crime similarity and the types of behaviours included in the analysis. To examine these issues, the present study compared the level of linking accuracy achieved by using the simple matching index (S) to that of the commonly used Jaccard's coefficient (J) across themes of arson behaviour. The data consisted of 42 crime scene behaviours, separated into three behavioural themes, which were exhibited by 37 offenders across 114 solved arsons. The results of logistic regression and receiver operating characteristic analysis indicate that, with the exception of one theme where S was more effective than J at discriminating between linked and unlinked crimes, no significant differences emerged between the two similarity measures. In addition, our results suggest that thematically unrelated behaviours can be used to link crimes with the same degree of accuracy as thematically related behaviours, potentially calling into the question the importance of theme‐based approaches to behavioural linkage analysis. Copyright © 2012 John Wiley & Sons, Ltd.     

PREDICATION AND EXTENSIONALIZATION

In his 2000 book Logical Properties Colin McGinn argues that predicates denote properties rather than sets or individuals. I support the thesis, but show that it is vulnerable to a type-incongruity objection, if properties are (modelled as) functions, unless a device for extensionalizing properties is added. Alternatively, properties may be construed as primitive intensional entities, as in George Bealer. However, I object to Bealer’s construal of predication as a primitive operation inputting two primitive entities and outputting a third primitive entity. Instead I recommend we follow Pavel Tichy in construing both predication and extensionalization as instances of the primitive operation of functional application.