ISIPTA'07: Proceedings of the Fifth International Symposium on Imprecise Probability: Theories and Applications

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Depression, Volition, and Death: The Effect of Depressive Disorders on the Autonomous Choice to Forgo Medical Treatment

Many contemporary models of medical ethics champion patient autonomy to counterbalance historically paternalistic decision-making processes. These models tend to suggest an autonomous agent free from cognitive bias and systematic distortion (e.g., Kantian or Cartesian rational agents). Evidence is emerging from the fields of cognitive psychology, cognitive science, and neuroscience that fundamentally challenge this cognitive model, demonstrating the dependence of cognition on deeper, avolitional structures (e.g., backstage cognition, cognitive heuristics and biases, automaticity, emotionally-valenced memory, etc.), and hence, shifting the cognitive model towards reductionistic and deterministic philosophies and psychologies. Medical ethics models must adapt their sense of autonomy in light of these findings if the term is to have any meaning - absent this necessary adaptation, medical ethics centers around a cognitive agent that does not actually exist. In contrast to the homuncular models championed (i.e., overly rationalistic and lacking an account of empirically-validated cognitive phenomena), a cognitive model of autonomy is proposed, along with useful psychometrics and a case metric to assist clinicians in assessing the possibility of compromised autonomy in patients electing to forgo medical treatment

PSA 2018

These preprints were automatically compiled into a PDF from the collection of papers deposited in PhilSci-Archive in conjunction with the PSA 2018

Judging Your Genome: Adducing Genetic Evidence to Support or Refute Causation in Australian and American Toxic Tort Litigation

This thesis answers the following question, ‘Does genetic information alleviate or exacerbate the causal uncertainty in toxic torts?’ In doing so, it provides an original contribution to knowledge, by critically examining Australian and United States (‘US') case law and literature focusing on genetic evidence in toxic torts. A comprehensive analysis of the case law and literature is vital to inform best practice for the future by identifying the past, present and predicted impact and challenges of genetic evidence. The comparative case law analysis has ultimately demonstrated that, if used properly, this evidence could shed light on causation, especially when viewed alongside all the other available evidence. However, without further guidance on the utility of such markers, this evidence will only further confuse and mislead the judge or jury. This could exacerbate the problem of causal indeterminacy, leading to inconsistent case outcomes and posing further obstacles to meritorious claims. This thesis therefore concludes that there is a strong need for practice-oriented instruments designed to assist courts, legal professionals and litigants in considering the strengths and weaknesses of genetic markers as a means of proving or disproving causation. As articulated throughout the thesis, a Reference Guide would help to ensure that the probative value of genetic evidence is properly weighed against any potential harms. The proposed guide would mimic the structure and contents of Chapters 4-7 of this thesis, containing a comprehensive survey of the case law and literature, and a detailed explanation and analysis of both the legal and scientific issues pertaining to genetic evidence. The findings outlined in this thesis extend to a wide variety of legal areas where health-related genetic evidence is likely to be used including medical negligence, employment law, criminal law, family law and insurance claims (such as workers’ compensation or life insurance)