Friday, July 30, 2010

Levels of Awareness and Factual Inference

It has long been known (and sometimes acknowledged) that there are levels of awareness.

However, there are not just two levels of awareness, the conscious and the unconscious. There are degrees of awareness; awareness is a continuum.

Furthermore, the status of some awareness of something is not always fixed or static; awareness that is relatively subterranean in the human mind can become more explicit, more conscious -- and, presumably, the reverse can happen.

These facts must be taken into consideration when we contemplate the role of reason and explicit argument in inference in legal contexts such as trials. For example, some devices can perhaps help jurors or judges become more aware of some of their thoughts, to spell out more what lies darkly in half-consciousness; and, if this can be done (or already is done), it is possible -- just possible -- that better inferences will be drawn. But don't ask me to prove that this expectation or hope is a reality!

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The dynamic evidence page

It's here: the law of evidence on Spindle Law. See also this post and this post.

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