Results for 'D. Clayton Hubin'

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  1. Justice and future generations.D. Clayton Hubin - 1976 - Philosophy and Public Affairs 6 (1):70-83.
    In A Theory of Justice, Rawls attempts to ground intergenerational justice by "virtual representation" through a thickening of the veil of ignorance. Contractors don't know to what generation they belong. This approach is flawed and will not result in the just savings principle Rawls hopes to justify. The project of grounding intergenerational duties on a social contractarian foundation is misconceived. Non-overlapping generations do not stand in relation to one another that is central to the contractarian approach.
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  2. Prudential Reasons.D. Clayton Hubin - 1980 - Canadian Journal of Philosophy 10 (1):63 - 81.
    Several authors, including Thomas Nagel and David Gauthier, have defended the view that reasons of self-interest (prudential reasons) are rationally binding. That is, there is always a reason, bearing on the rational advisability, based on one's self-interest and, as a result, a person may act irrationally by knowingly acting against such reasons regardless of the person's desires or values. Both Nagel and Gauthier argue from the rationally mandatory nature of prudential reasons to the conclusion that moral reasons can be rationally (...)
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  3. The scope of justice.D. Clayton Hubin - 1979 - Philosophy and Public Affairs 9 (1):3-24.
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  4. Minimizing maximin.D. Clayton Hubin - 1980 - Philosophical Studies 37 (4):363 - 372.
    In A Theory of Justice, John Rawls provides several arguments contractors in the original position using maximin reasoning, which leads directly to the difference principle. These arguments are inadequate to support the claim that maximin reasoning is the uniquely rational approach to choice in the original position.
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  5. Quicksand in the contract ground.D. Clayton Hubin & David Drebushenko - 1983 - Philosophical Studies 44 (1):115 - 120.
    In his book, The Grounds of Moral Judgment, Russell Grice argues for a thesis he calls "the contract ground thesis," which connects the interest of members of a group in making a contract to the existence of an obligation and reason to abide by that contract. This thesis has been challenged by Jesse Kalin and subsequently defended by Grice. We show that Grice's defense fails--the contract ground thesis is without justification.
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  6. A Plea for Epistemic Excuses.Clayton Littlejohn - forthcoming - In Julien Dutant Fabian Dorsch (ed.), The New Evil Demon Problem. Oxford University Press.
    The typical epistemology course begins with a discussion of the distinction between justification and knowledge and ends without any discussion of the distinction between justification and excuse. This is unfortunate. If we had a better understanding of the justification-excuse distinction, we would have a better understanding of the intuitions that shape the internalism-externalism debate. My aims in this paper are these. First, I will explain how the kinds of excuses that should interest epistemologists exculpate. Second, I will explain why the (...)
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  7. What is Rational Belief?Clayton Littlejohn & Julien Dutant - forthcoming - Noûs.
    A theory of rational belief should get the cases right. It should also reach its verdicts using the right theoretical assumptions. Leading theories seem to predict the wrong things. With only one exception, they don't accommodate principles that we should use to explain these verdicts. We offer a theory of rational belief that combines an attractive picture of epistemic desirability with plausible principles connecting desirability to rationality. On our view, it's rational to believe when it's sufficiently likely that you'd know (...)
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  8. Reasons and Theoretical Rationality.Clayton Littlejohn - 2018 - In Daniel Star (ed.), The Oxford Handbook of Reasons and Normativity. New York, NY, United States of America: Oxford University Press.
    A discussion of epistemic reasons, theoretical rationality, and the relationship between them. Discusses the ontology of reasons and evidence, the relationship between reasons (motivating, normative, possessed, apparent, genuine, etc.) and rationality, the relationship between epistemic reasons and evidence, the relationship between rationality, justification, and knowledge, and many other related topics.
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  9. Is Justification Just in the Head?Clayton Littlejohn - forthcoming - In Ernest Sosa, Matthias Steup, John Turri & Blake Roeber (eds.), Contemporary Debates in Epistemology, 3rd edition. Wiley-Blackwell.
    I argue that justification isn't just in the head. The argument is simple. We should be guided by our beliefs. We shouldn't be guided by anything to do what we shouldn't do. So, we shouldn't believe in ways that would guide us to do the things that we shouldn't. Among the various things we should do is discharge our duties (e.g., to fulfil our promissory obligations) and respect the rights of others (e.g., rights not to be harmed or killed by (...)
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  10. Externalism Explained.Clayton Littlejohn - 2023 - In Luis R. G. Oliveira (ed.), Externalism about Knowledge. Oxford: Oxford University Press.
    This is a defence of externalism about knowledge and also about justification. In this paper, I argue that an important virtue of externalism about these notions is that externalism about justification helps to explain the value of (i.e., importance of) knowledge. I also develop and expand upon some of my earlier arguments for externalism that drew upon what's now known as 'morally loaded cases'. The virtue of externalism is that it's the only view that can both allow for certain kinds (...)
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  11. Moore's Paradox and Assertion.Clayton Littlejohn - 2020 - In Goldberg Sanford (ed.), Oxford Handbook on Assertion. Oxford University Press.
    If I were to say, “Agnes does not know that it is raining, but it is,” this seems like a perfectly coherent way of describing Agnes’s epistemic position. If I were to add, “And I don’t know if it is, either,” this seems quite strange. In this chapter, we shall look at some statements that seem, in some sense, contradictory, even though it seems that these statements can express propositions that are contingently true or false. Moore thought it was paradoxical (...)
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  12. Standing in a Garden of Forking Paths.Clayton Littlejohn - 2018 - In McCain Kevin (ed.), Believing in Accordance with the Evidence: New Essays on Evidentialism. Cham: Springer Verlag.
    According to the Path Principle, it is permissible to expand your set of beliefs iff (and because) the evidence you possess provides adequate support for such beliefs. If there is no path from here to there, you cannot add a belief to your belief set. If some thinker with the same type of evidential support has a path that they can take, so do you. The paths exist because of the evidence you possess and the support it provides. Evidential support (...)
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  13. Learning from Learning from our Mistakes.Clayton Littlejohn - 2016 - In Martin Grajner & Pedro Schmechtig (eds.), Epistemic Reasons, Epistemic Norms, Epistemic Goals. De Gruyter. pp. 51-70.
    What can we learn from cases of knowledge from falsehood? Critics of knowledge-first epistemology have argued that these cases provide us with good reason for rejecting the knowledge accounts of evidence, justification, and the norm of belief. I shall offer a limited defense of the knowledge-first approach to these matters. Knowledge from falsehood cases should undermine our confidence in like-from-like reasoning in epistemology. Just as we should be open to the idea that knowledge can come from non-knowledge, we should be (...)
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  14. Dividing Away Doxastic Dilemmas.Clayton Littlejohn - 2021 - In Nick Hughes (ed.), Epistemic Dilemmas. Oxford University Press.
    It seems that different epistemic norms can come into conflict and so we might wonder what happens when they do impose incompatible requirements upon us. According to the dilemmic view, they might sometimes generate sets of requirements that cannot be satisfied, ensuring that there is no rationally acceptable way for a thinker to deal with the predicament she’s in. After reviewing the case for the dilemmic view, I introduce an alternative framework that accounts for the appearance of dilemma-like conflicts without (...)
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  15. Potency and Permissibility.Clayton Littlejohn - 2016 - In Ben Bramble Bob Fischer (ed.), Stirring the Pot. Oxford University Press.
    In this paper, I respond to the (infamous) causal impotence objection to the standard arguments for ethical vegetarianism. The paper defends a non-consequentialist response to this objection, one that draws on an account of the principle of non-maleficence inspired by Ross.
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  16. Stop Making Sense? On a Puzzle about Rationality.Littlejohn Clayton - 2018 - Philosophy and Phenomenological Research:257-272.
    In this paper, I present a puzzle about epistemic rationality. It seems plausible that it should be rational to believe a proposition if you have sufficient evidential support for it. It seems plausible that it rationality requires you to conform to the categorical requirements of rationality. It also seems plausible that our first-order attitudes ought to mesh with our higher-order attitudes. It seems unfortunate that we cannot accept all three claims about rationality. I will present three ways of trying to (...)
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  17. The Russellian Retreat.Clayton Littlejohn - 2013 - Proceedings of the Aristotelian Society 113 (3pt3):293-320.
    Belief does aim at the truth. When our beliefs do not fit the facts, they cannot do what they are supposed to do, because they cannot provide us with reasons. We cannot plausibly deny that a truth norm is among the norms that govern belief. What we should not say is that the truth norm is the fundamental epistemic norm. In this paper, I shall argue that knowledge is the norm of belief and that the truth norm has a derivative (...)
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  18. The Varieties of Normativity.Derek Clayton Baker - 2017 - In Tristram Colin McPherson & David Plunkett (eds.), The Routledge Handbook of Metaethics. New York: Routledge. pp. 567-581.
    This paper discusses varieties of normative phenomena, ranging from morality, to epistemic justification, to the rules of chess. It canvases a number of distinctions among these different normative phenomena. The most significant distinction is between formal and authoritative normativity. The prior is the normativity exhibited by any standard one can meet or fail to meet. The latter is the sort of normativity associated with phenomena like the "all-things-considered" ought. The paper ends with a brief discussion of reasons for skepticism about (...)
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  19. Justification, knowledge, and normality.Clayton Littlejohn & Julien Dutant - 2020 - Philosophical Studies 177 (6):1593-1609.
    There is much to like about the idea that justification should be understood in terms of normality or normic support (Smith 2016, Goodman and Salow 2018). The view does a nice job explaining why we should think that lottery beliefs differ in justificatory status from mundane perceptual or testimonial beliefs. And it seems to do that in a way that is friendly to a broadly internalist approach to justification. In spite of its attractions, we think that the normic support view (...)
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  20. Hypothetical motivation.Donald C. Hubin - 1996 - Noûs 30 (1):31-54.
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  21. Irrational desires.Donald C. Hubin - 1991 - Philosophical Studies 62 (1):23 - 44.
    Many believe that the rational evaluation of actions depends on the rational evaluation of even basic desires. Hume, though, viewed desires as "original existences" which cannot be contrary to either truth or reason. Contemporary critics of Hume, including Norman, Brandt and Parfit, have sought a basis for the rational evaluation of desires that would deny some basic desires reason-giving force. I side with Hume against these modern critics. Hume's concept of rational evaluation is admittedly too narrow; even basic desires are, (...)
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  22. Desires, Whims and Values.Donald C. Hubin - 2003 - The Journal of Ethics 7 (3):315-335.
    Neo-Humean instrumentalists hold that anagent's reasons for acting are grounded in theagent's desires. Numerous objections have beenleveled against this view, but the mostcompelling concerns the problem of ``aliendesires'' – desires with which the agent doesnot identify. The standard version ofneo-Humeanism holds that these desires, likeany others, generate reasons for acting. Avariant of neo-Humeanism that grounds anagent's reasons on her values, rather than allof her desires, avoids this implication, but atthe cost of denying that we have reasons to acton innocent whims. (...)
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  23. What’s Special about Humeanism.Donald C. Hubin - 1999 - Noûs 33 (1):30-45.
    One of the attractions of the Humean instrumentalist theory of practical rationality is that it appears to offer a special connection between an agent's reasons and her motivation. The assumption that Humeanism is able to assert a strong connection between reason and motivation has been challenged, most notably by Christine Korsgaard. She argues that Humeanism is not special in the connection it allows to motivation. On the contrary, Humean theories of practical rationality do connect reasons and motivation in a unique (...)
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  24. The groundless normativity of instrumental rationality.Donald C. Hubin - 2001 - Journal of Philosophy 98 (9):445-468.
    Neo-Humean instrumentalist theories of reasons for acting have been presented with a dilemma: either they are normatively trivial and, hence, inadequate as a normative theory or they covertly commit themselves to a noninstrumentalist normative principle. The claimed result is that no purely instrumentalist theory of reasons for acting can be normatively adequate. This dilemma dissolves when we understand what question neo-Humean instrumentalists are addressing. The dilemma presupposes that neo-Humeans are attempting to address the question of how to act, 'simpliciter'. Instead, (...)
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  25. Fake Barns and false dilemmas.Clayton Littlejohn - 2014 - Episteme 11 (4):369-389.
    The central thesis of robust virtue epistemology (RVE) is that the difference between knowledge and mere true belief is that knowledge involves success that is attributable to a subject's abilities. An influential objection to this approach is that RVE delivers the wrong verdicts in cases of environmental luck. Critics of RVE argue that the view needs to be supplemented with modal anti-luck condition. This particular criticism rests on a number of mistakes about the nature of ability that I shall try (...)
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  26. Being More Realistic About Reasons: On Rationality and Reasons Perspectivism.Clayton Littlejohn - 2018 - Philosophy and Phenomenological Research 99 (3):605-627.
    This paper looks at whether it is possible to unify the requirements of rationality with the demands of normative reasons. It might seem impossible to do because one depends upon the agent’s perspective and the other upon features of the situation. Enter Reasons Perspectivism. Reasons perspectivists think they can show that rationality does consist in responding correctly to reasons by placing epistemic constraints on these reasons. They think that if normative reasons are subject to the right epistemic constraints, rational requirements (...)
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  27. How and Why Knowledge is First.Clayton Littlejohn - 2017 - In A. Carter, E. Gordon & B. Jarvis (eds.), Knowledge First. Oxford University Press. pp. 19-45.
    A defense of the idea that knowledge is first in the sense that there is nothing prior to knowledge that puts reasons or evidence in your possession. Includes a critical discussion of the idea that perception or perceptual experience might provide reasons and a defense of a knowledge-first approach to justified belief.
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  28. Skepticism about Ought Simpliciter.Derek Clayton Baker - 2018 - Oxford Studies in Metaethics 13.
    There are many different oughts. There is a moral ought, a prudential ought, an epistemic ought, the legal ought, the ought of etiquette, and so on. These oughts can prescribe incompatible actions. What I morally ought to do may be different from what I self-interestedly ought to do. Philosophers have claimed that these conflicts are resolved by an authoritative ought, or by facts about what one ought to do simpliciter or all-things-considered. However, the only coherent notion of an ought simpliciter (...)
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  29. Who Cares What You Accurately Believe?Clayton Littlejohn - 2015 - Philosophical Perspectives 29 (1):217-248.
    This is a critical discussion of the accuracy-first approach to epistemic norms. If you think of accuracy (gradational or categorical) as the fundamental epistemic good and think of epistemic goods as things that call for promotion, you might think that we should use broadly consequentialist reasoning to determine which norms govern partial and full belief. After presenting consequentialist arguments for probabilism and the normative Lockean view, I shall argue that the consequentialist framework isn't nearly as promising as it might first (...)
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  30. How Expressivists Can and Should Explain Inconsistency.Derek Clayton Baker & Jack Woods - 2015 - Ethics 125 (2):391-424.
    Mark Schroeder has argued that all reasonable forms of inconsistency of attitude consist of having the same attitude type towards a pair of inconsistent contents (A-type inconsistency). We suggest that he is mistaken in this, offering a number of intuitive examples of pairs of distinct attitudes types with consistent contents which are intuitively inconsistent (B-type inconsistency). We further argue that, despite the virtues of Schroeder's elegant A-type expressivist semantics, B-type inconsistency is in many ways the more natural choice in developing (...)
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  31. The Moral Justification of Benefit/Cost Analysis.Donald C. Hubin - 1994 - Economics and Philosophy 10 (2):169-194.
    Benefit/cost analysis is a technique for evaluating programs, procedures, and actions; it is not a moral theory. There is significant controversy over the moral justification of benefit/cost analysis. When a procedure for evaluating social policy is challenged on moral grounds, defenders frequently seek a justification by construing the procedure as the practical embodiment of a correct moral theory. This has the apparent advantage of avoiding difficult empirical questions concerning such matters as the consequences of using the procedure. So, for example, (...)
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  32. The unity of reason.Clayton Littlejohn - 2013 - In Clayton Littlejohn & John Turri (eds.), Epistemic Norms: New Essays on Action, Belief, and Assertion. Oxford University Press.
    Cases of reasonable, mistaken belief figure prominently in discussions of the knowledge norm of assertion and practical reason as putative counterexamples to these norms. These cases are supposed to show that the knowledge norm is too demanding and that some weaker norm ought to put in its place. These cases don't show what they're intended to. When you assert something false or treat some falsehood as if it's a reason for action, you might deserve an excuse. You often don't deserve (...)
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  33. Defeaters as Indicators of Ignorance.Clayton Litlejohn & Julien Dutant - 2021 - In Jessica Brown & Mona Simion (eds.), Reasons, Justification, and Defeat. Oxford Oxford: Oxford University Press. pp. 223–246.
    In this paper, we propose a new theory of rationality defeat. We propose that defeaters are "indicators of ignorance", evidence that we’re not in a position to know some target proposition. When the evidence that we’re not in a position to know is sufficiently strong and the probability that we can know is too low, it is not rational to believe. We think that this account retains all the virtues of the more familiar approaches that characterise defeat in terms of (...)
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  34. The Right in the Good: A Defense of Teleological Non-Consequentialism in Epistemology.Clayton Littlejohn - 2018 - In Kristoffer Ahlstrom-Vij & Jeff Dunn (eds.), Epistemic Consequentialism. Oxford: Oxford University Press. pp. 23-47.
    There has been considerable discussion recently of consequentialist justifications of epistemic norms. In this paper, I shall argue that these justifications are not justifications. The consequentialist needs a value theory, a theory of the epistemic good. The standard theory treats accuracy as the fundamental epistemic good and assumes that it is a good that calls for promotion. Both claims are mistaken. The fundamental epistemic good involves accuracy, but it involves more than just that. The fundamental epistemic good is knowledge, not (...)
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  35. The Externalist’s Demon.Clayton Littlejohn - 2009 - Canadian Journal of Philosophy 39 (3):399-434.
    In this paper, I defend externalist accounts of justified belief from Cohen's new evil demon objection. While I think that Cohen might be right that the person is justified in believing what she does, I argue that this is because we can defend the person from criticism and that defending a person is a very different thing from defending a person's attitudes or actions. To defend a person's attitudes or actions, we need to show that they met standards or did (...)
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  36. Should we be dogmatically conciliatory?Clayton Littlejohn - 2020 - Philosophical Studies 177 (5):1381-1398.
    A familiar complaint about conciliatory approaches to disagreement is that they are self-defeating or incoherent because they ‘call for their own rejection’. This complaint seems to be influential but it isn’t clear whether conciliatory views call for their own rejection or what, if anything, this tells us about the coherence of such views. We shall look at two ways of developing this self-defeat objection and we shall see that conciliatory views emerge unscathed. A simple version of the self-defeat objection leaves (...)
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  37. Self-Subverting Principles of Choice.Michael Perkins & Donald C. Hubin - 1986 - Canadian Journal of Philosophy 16 (1):1 - 10.
    The thesis that rationality consists in the straight-forward maximization of utility has not lacked critics. Typically, however, detractors reject the Humean picture of rationality upon which it seems based; they seek to emancipate reason from the tyranny of the passions. It is, then, noteworthy when an attack on this thesis comes from ‘within the ranks.’David Gauthier's paper ‘Reason and Maximization’ is just such an attack; and for this reason, among others, it is interesting. It is not successful, though. In defense (...)
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  38. Must we act only on what we know?Clayton Littlejohn - 2009 - Journal of Philosophy 106 (8):463-473.
    What relation is there between knowledge and action? According to Hawthorne and Stanley, where your choice is p-dependent, it is appropriate to treat the proposition that p as a reason for acting iff you know that p (RKP). In this paper, I shall argue that it is permissible to treat something as a reason for action even if it isn't known to be true and address Hawthorne and Stanley's arguments for RKP.
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  39. Defeating phenomenal conservatism.Clayton Littlejohn - 2011 - Analytic Philosophy 52 (1):35-48.
    According to the phenomenal conservatives, beliefs are justified by non-doxastic states we might speak of as ‘appearances’ or ‘seemings’. Those who defend the view say that there is something self-defeating about believing that phenomenal conservatism is mistaken. They also claim that the view captures an important internalist insight about justification. I shall argue that phenomenal conservatism is indefensible. The considerations that seem to support the view commit the phenomenal conservatives to condoning morally abhorrent behavior. They can deny that their view (...)
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  40. Knowledge and Awareness.Clayton Littlejohn - 2015 - Analysis 75 (4):596-603.
    This paper takes a critical look at the idea that knowledge involves reflective access to reasons that provide rational support. After distinguishing between different kinds of awareness, I argue that the kind of awareness involved in awareness of reasons is awareness of something general rather than awareness of something that instances some generality. Such awareness involves the exercise of conceptual capacities and just is knowledge. Since such awareness is knowledge, this kind of awareness cannot play any interesting role in a (...)
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  41. Moore's paradox and epistemic norms.Clayton Littlejohn - 2010 - Australasian Journal of Philosophy 88 (1):79 – 100.
    We shall evaluate two strategies for motivating the view that knowledge is the norm of belief. The first draws on observations concerning belief's aim and the parallels between belief and assertion. The second appeals to observations concerning Moore's Paradox. Neither of these strategies gives us good reason to accept the knowledge account. The considerations offered in support of this account motivate only the weaker account on which truth is the fundamental norm of belief.
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  42. Evidence and its Limits.Clayton Littlejohn - 2018 - In Conor McHugh Jonathan Way & Daniel Whiting (eds.), Normativity: Epistemic and Practical. Oxford University Press.
    On a standard view about reasons, evidence, and justification, there is justification for you to believe all and only what your evidence supports and the reasons that determine whether there is justification to believe are all just pieces of evidence. This view is mistaken about two things. It is mistaken about the rational role of evidence. It is also mistaken about the rational role of reasons. To show this, I present two basis problems for the standard view and argue that (...)
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  43. Are there counterexamples to the consistency principle?Clayton Littlejohn - forthcoming - Episteme:1-18.
    Must rational thinkers have consistent sets of beliefs? I shall argue that it can be rational for a thinker to believe a set of propositions known to be inconsistent. If this is right, an important test for a theory of rational belief is that it allows for the right kinds of inconsistency. One problem we face in trying to resolve disagreements about putative rational requirements is that parties to the disagreement might be working with different conceptions of the relevant attitudes. (...)
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  44. Just do it? When to do what you judge you ought to do.Julien Dutant & Clayton Littlejohn - 2018 - Synthese 195 (9):3755-3772.
    While it is generally believed that justification is a fallible guide to the truth, there might be interesting exceptions to this general rule. In recent work on bridge-principles, an increasing number of authors have argued that truths about what a subject ought to do are truths we stand in some privileged epistemic relation to and that our justified normative beliefs are beliefs that will not lead us astray. If these bridge-principles hold, it suggests that justification might play an interesting role (...)
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  45. Do Reasons and Evidence Share the Same Residence.Clayton Littlejohn - 2016 - Philosophy and Phenomenological Research 93 (3):720-727.
    This is part of an authors meets critics session on Daniel Star's wonderful book, Knowing Better. I discuss a potential problem with Kearns and Star's Reasons as Evidence thesis. The issue has to do with the difficulties we face is we treat normative reasons as evidence and impose no possession conditions on evidence. On such a view, it's hard to see how practical reasoning could be a non-monotonic process. One way out of the difficulty would be to allow for (potent) (...)
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  46. Pritchard’s Reasons.Clayton Littlejohn - 2016 - Journal of Philosophical Research 41:201-219.
    My contribution to the author meets critics discussion of Pritchard's _Epistemological Disjunctivism_. In this paper, I examine some of the possible motivations for epistemological disjunctivism and look at some of the costs associated with the view. While Pritchard's view seems to be that our visual beliefs constitute knowledge because they're based on reasons, I argue that the claim that visual beliefs are based on reasons or evidence hasn't been sufficiently motivated. In the end I suggest that we'll get all the (...)
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  47. Disagreement and Defeat.Clayton Littlejohn - 2013 - In Diego Machuca (ed.), Disagreement and Skepticism.
    The equal weight view says that if you discover that you disagree with a peer, you should decrease your confidence that you are in the right. Since peer disagreement seems to be quite prevalent, the equal weight view seems to tell us that we cannot reasonably believe many of the interesting things we believe because we can always count on a peer to contest the interesting things that we believe. While the equal weight view seems to have skeptical implications, few (...)
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  48. A justification for excuses: Brown’s discussion of the knowledge view of justification and the excuse manoeuvre.Clayton Littlejohn - 2022 - Philosophical Studies 179 (8):2683-2696.
    In Fallibilism: Evidence and Knowledge, Jessica Brown identifies a number of problems for the so-called knowledge view of justification. According to this view, we cannot justifiably believe what we do not know. Most epistemologists reject this view on the grounds that false beliefs can be justified if, say, supported by the evidence or produced by reliable processes. We think this is a mistake and that many epistemologists are classifying beliefs as justified because they have properties that indicate that something should (...)
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  49. Newcomb's perfect predictor.Don Hubin & Glenn Ross - 1985 - Noûs 19 (3):439-446.
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  50. Truth, knowledge, and the standard of proof in criminal law.Clayton Littlejohn - 2020 - Synthese 197 (12):5253-5286.
    Could it be right to convict and punish defendants using only statistical evidence? In this paper, I argue that it is not and explain why it would be wrong. This is difficult to do because there is a powerful argument for thinking that we should convict and punish defendants using statistical evidence. It looks as if the relevant cases are cases of decision under risk and it seems we know what we should do in such cases (i.e., maximize expected value). (...)
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