Epistemic Contextualism and Relativism

Статья посвящена выявлению оснований доксологии Матса Розенгрена – шведского философа, который пытается реабилитировать доксу в теории познания и рассматривает возможность построения «протагорейской гносеологии». Доксология – это вариант натурализованной конструктивистской теории познания, развивающийся на базе риторической версии философской антропологии, где формулируется реалистичная версия субъекта познавательной деятельности. Познание, с точки зрения доксологии, – это преобразование человеческими коллективами мира и себя, предпосылкой которого является освоение объективированных результатов своей предшествующей деятельности. В ходе исследования использованы методы интерпретации и критический метод философии с опорой на принципы (...) историзма, непротиворечивости и системности рассмотрения. Показано, что выражением доксологической позиции и доксологического стиля мышления является неософистическая трактовка тезиса Протагора о человекомерности. Согласно этой трактовке, человек – это человечество, а не индивид; мерой, общей для всех людей, является логос, который формирует природу человека и мира в целом. В основе доксологической трактовки познавательной деятельности лежит схема функционального круга логоса и доксы. Содержательные предпосылки доксологического стиля мышления Розенгрен находит в работах П. Бурдьё, Л. Флека, Э. Кассирера, К. Касториадиса, в которых продемонстрировано, как фактически способы восприятия, мышления и действия, и способы производства, объективации и освоения опыта человеческих коллективов могут взаимозависимо конструировать друг друга. (shrink)

The article explores the context and conceptual foundations of doxology - new project of epistemology proposed by Swedish professor Mats Rosengren. He reinterprets the basic concepts of epistemology, which were formed in the times of Plato and Aristotle. Swedish scholar is trying to rebuild the philosophy of knowledge, based on the updated system of initial abstractions. He inverts the traditional oppositions: knowledge (episteme) vs. opinion (doxa), philosophy vs. rhetoric. Thus, he takes the position of rhetorical philosophy, conceptually close to the (...) positions of the Greek sophists-rhetoricians. Rosengren gives a doxological interpretation of the Protagoras thesis about a human as a measure of all things. According to this account, human - it's all mankind; and the essence of humans, from the standpoint of the ancient Greeks, is human mind-logos. Rosengren thinks that protagorean approach, basal for doxology, has great heuristic potential. The heart of this approach is that all human knowledge is doxical, is not epistemic. And the task of doxology - to find out how we, humans, as social beings, really create the knowledge that can be examined as truth. (shrink)

The paper presents doxological interpretation of homo-measure set. Traditionally this thesis is seen as an expression of the impermanent human doxa as the only possible truth. Using the approach of analytic philosophy to the interpretation of the famous speech, the author refuses treatment of man as an individual in favor of a generic understanding of the man. Generic feature of human in ancient world-view is the logos, which is coming to be seen as a measure of all things, including man (...) himself. -/- . (shrink)

There are two issues I want to very briefly raise in response to Robin McKenna’s paper, “Epistemic Contextualism, Epistemic Relativism, and Disagreement.” First, I want to question whether or not the disagreement problem faced by indexical contextualism is truly a problem. Secondly, I want to consider whether or not McKenna’s solution is really in keeping with indexical contextualism.

The structure of this article is very simple. In the first half, I will introduce a sophisticated way of reading Heidegger as a relativist; I draw here on the work of Kusch and Lafont. In the second half, I present the counter-argument. As I see it, Heidegger is not a relativist; but understanding the relations between his approach and a relativistic one is crucial for an evaluation of both his own work and the broader trajectory of post-Kantian thought.

It is commonly held that retraction data, if we accept them, show that assessment relativism is to be preferred over non-indexical relativism (a.k.a. non-indexical contextualism). I will argue that this is not the case. Whether retraction data have the suggested probative force depends on substantive questions about the proper treatment of tense and location. One’s preferred account in these domains should determine which form of relativism one prefers.

I argue for a type of relativism that allows different people to have conflicting accurate representations of the world. This is contrary to the view of most Anglo-American philosophers, who would, with Paul Boghossian in Fear of Knowledge, deny that “there are many radically different, yet ‘equally valid’ ways of knowing the world.” My argument is not a metaphysical argument about the ultimate nature of the outside world, but a psychological argument about the mental processes of representation. The argument starts (...) from a few principles of naïve (or folk) psychology, but is later extended to apply to mechanisms that do not have a “psychology.” Finally, I briefly discuss the anti-relativist impulse in philosophy, with particular reference to Boghossian’s example of non-scientific beliefs regarding Lakota origins. I argue that both we and the Lakotas have good reason to reject such beliefs while still remaining relativists. Being a relativist does not mean that you get to believe whatever you like. (shrink)

I here respond to four SERRC commentators on my paper ‘Perspectivism, Deontologism and Epistemic Poverty’: Shira Elqayam, Nikolaj Nottelmann, Rik Peels and Hamid Vahid. I maintain that all accounts of epistemic justification must be constrained by two limit positions which have to be avoided. One is Conceptual Limit Panglossianism. The other is Conceptual Limit meliorism. Within these bounds one may offer an account of rationality or epistemic justification that is closer to Meliorism or Panglossianism. Remarked upon are my respondents’ considerations (...) on Alston, on suggestions for a separation between a more-subjective epistemic justification and a more-objective rationality, and objections to my position based on the assumption that we must embrace a very objective and truth-conducive concept of epistemic justification. (shrink)

En los debates actuales sobre ética y filosofía política, a menudo se acusa a autores de tradiciones tan distintas como Gianni Vattimo, Paul K. Feyerabend y Richard Rorty de pecar de un mismo vicio: el relativismo en su idea de lo que es la racionalidad (tanto epistémica como moral). Nuestra tesis en este escrito es doble: en primer lugar, defendemos que ninguno de ellos es (ni se considera) relativista; sino que, bien al contrario, su pensamiento podría considerarse como un ejercicio (...) de "antirrelativismo". En segundo lugar, puntualizaremos que este antirrelativismo no les lleva a identificarse con el universalismo (epistémico o moral); sino que, de algún modo, logran recuperar una vía intermedia entre estos dos extremos para apostar a favor de una idea de racionalidad práctica que cifra en el diálogo sin apriorismos sus esperanzas. (shrink)

The paper analyzes the limitation of alternative concepts of knowledge, constructivism and realism. A necessity of their complementarity is grounded. The core of controversy between constructivism and realism is a belief about “the given”. The author follows R. Rorty who considers two meanings of a notion of “the given”: “making” and “finding”. The author shows that these different meanings of concept of “the given” are connected with different types of subject consciousness activity. Together with intentional ability of consciousness he considers (...) responsive ability. Both abilities were a subject of phenomenological analysis (E. Husserl, A. Reinach, B. Waldenfels). The author argues that there are certain connections between intentionality and interpretative function of knowledge, on the one hand, and between responsiveness and expressive function of consciousness, on the other hand. Developing the communicative concept of knowledge he shows the meaning of cognitive cycles «interpretation_expression» in the process of knowledge. -/- A consideration of cognitive process as a semiotic one allows to show that interpretation is provided by such kind of basic function of sign as indication, and expression is provided by the other function of sign as substitution, or presentation. The author shows that complementary of interpretation and expression is a consequence of two processes – finding a name and making a meaning. The conclusion about complementary of interpretation and expression leads to a belief about cognition cultures and their types. He shows a place of constructivism and realism in the context of typology of cognition cultures. (shrink)

Do stakes affect ordinary knowledge ascriptions? Epistemic contextualists and interest relative invariantist claim that stakes do play a role in ordinary knowledge ascription. But results from a large scale cross-cultural study we conducted suggested otherwise. We collected data on people’s judgments in response to high and low stakes versions of “Bank Cases”. The cases were translated into 14 different languages and data was collected from 4504 people across nineteen sites, spanning fifteen countries. In every site sampled, we find that stakes (...) do not play a role in ordinary knowledge ascriptions. In light of the surprising cross-cultural robustness of our findings, we suggest that the scales tilt against epistemic contextualism and interest-relative invariantism and that a version of classical invariantism about knowledge should perhaps be taken seriously. (shrink)

Process reliabilism says that a belief is justified iff the belief-forming process that produced it is sufficiently reliable. But any token belief-forming process is an instance of a number of different belief-forming process types. The problem of specifying the relevant type is known as the ‘generality problem’ for process reliabilism. This paper proposes a broadly relativist solution to the generality problem. The thought is that the relevant belief-forming process type is relative to the context. While the basic idea behind the (...) solution is from Mark Heller (1995), the solution defended here departs from Heller on a crucial point. Because of this departure, my solution avoids a serious problem with Heller’s solution. (shrink)

In this paper I consider the prospects for pluralism about knowledge, that is, the view that there is a plurality of knowledge relations. After a brief overview of some views that entail a sort of pluralism about knowledge, I focus on a particular kind of knowledge pluralism I call standards pluralism. Put roughly, standards pluralism is the view that one never knows anything simpliciter. Rather, one knows by this-or-that epistemic standard. Because there is a plurality of epistemic standards, there is (...) a plurality of knowledge relations. In §1 I argue that one can construct an impressive case for standards pluralism. In §2 I clarify the relationship between standards pluralism, epistemic contextualism and epistemic relativism. In §3 I argue that standards pluralism faces a serious objection. The gist of the objection is that standards pluralism is incompatible with plausible claims about the normative role of knowledge. In §4 I finish by sketching the form that a standards pluralist response to this objection might take. (shrink)

The idea that the concept ‘knowledge’ has a distinctive function or social role is increasingly influential within contemporary epistemology. Perhaps the best-known account of the function of ‘knowledge’ is that developed in Edward Craig’s Knowledge and the state of nature (1990, OUP), on which (roughly) ‘knowledge’ has the function of identifying good informants. Craig’s account of the function of ‘knowledge’ has been appealed to in support of a variety of views, and in this paper I’m concerned with the claim that (...) it supports a sort of epistemic contextualism, which is (roughly) the view that the semantic contents and truth-conditions of ‘knowledge’ ascriptions - instances of ‘S knows that p’- depend on and vary with the context of ascription (see, for instance, John Greco’s ‘What’s wrong with contextualism’, Philosophical Quarterly [2008]). Prima facie, this claim should strike us as surprising. A number of concepts and linguistic items (words, sentences) serve functions that have little or nothing to do with semantics. However, I argue that, on the best interpretation of talk of the function of a concept such as ‘knowledge’, the function of ‘knowledge’ is relevant to semantics. Along the way I also suggest how to improve on what I call the ‘usual argument’ that Craig’s account of the function of ‘knowledge’ supports epistemic contextualism. (shrink)

The Contingency Postulate of Truth. - Is there a statement that cannot be false under any contingent conditions? Two well-known philosophical schools have given contradictory answers to this question about the existence of a necessarily true statement: Fallibilists (Albert, Keuth) have denied its existence, transcendental pragmatists (Apel, Kuhlmann) and objective idealists (Wandschneider, Hösle) have affirmed it. Dieter Wandschneider has (following Vittorio Hösle) translated the principle of fallibilism, according to which every statement is fallible, into a thesis which he calls the (...) contingency postulate of truth (CPT). It says: <For every true statement there are contingent conditions.> If this postulate were true, it would mark an insurmountable boundary of knowledge: a final epistemic justification would then not be possible. Wandschneider has therefore developed a counterargument to show that the contingency postulate of truth cannot be formulated without contradiction and implies the thesis that there is at least one necessarily true statement. This essay deals with the systematic question whether the contingency postulate of truth really cannot be presented without contradiction. To this end I will first present the contingency postulate and the associated problems (I.). Then I will analyze Wandschneider's argument against the consistency of the contingency postulate (II.) and finally reject it with the help of some considerations from the field of epistemic logic (III.). (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

This paper proposes a view on epistemic relativism that arises from the problem of the criterion, keeping in consideration that the assessment of criterion standards always occurs in a certain context. The main idea is that the epistemic value of the assertion “S knows that p” depends not only on the criterion adopted within an epistemic framework and the relationship between said criterion and a meta-criterion, but also from the collaboration with other subjects who share the same standards. Thus, one (...) can choose between particularist and methodist criteria according to the context of assessment. This position has the advantage of presenting a new perspective concerning both the criterion problem and the problem of inter-contextuality in the evaluation of different epistemic frameworks. (shrink)

The aim of the 17 original papers here is to summarize and analyze Wittgenstein's thought. At the time these were being written, the Oxford/Intelex CDROM ($2040 on Amazon but available thru interlibrary loan and steeply discounted on the net) with 20,000 some pages of W's nachlass was not yet available, and only those fluent in German and willing to find and slog thru the incomplete Cornell microfilm were able to examine it. To this day it much of it remains untranslated (...) from the German typescripts and handwritten manuscripts. I note this at the outset as W's untranslated or unpublished writings often shed crucial light on his thought and few to this day have made substantial use of them. In addition there are huge problems with translation of his early 20 th century Viennese German into modern English. One must be a master of English, German, and Wittgenstein in order to do this and very few are up to it. Several of the current authors note unfortunate translation errors in the only available English editions and I have seen similar comments countless times. As is well known, W's thought changed dramatically between the publication of the Tractatus (TLP) in 1922 and the Philosophical Investigations(1953). The continuity or lack thereof between his early and late work is the subject of a vast literature and is taken up here by several authors. Ishiguro on the picture theory and Mounce on the logical system in TLP are good, but for me the endless discussions of exactly how he was mistaken in his early work is of as little interest as the mistakes in most previous philosophy. Ammereller on Intentionality is a good, if prosaic, summary of (mostly) the early and middle W on belief and interpretation which, like virtually everyone, totally fails to give an adequate overview of W's pioneering work. In giving the general outline of our innate evolutionary psychology (ie, roughly our personality) and showing how this describes behavior, W represents a major milestone in human thought. There are unmistakeable indications of this even in his early writings (eg, see p 40, 49-58 here) and it has been documented by Hacker (eg, see his paper in The New Wittgenstein) and others but without any comprehensive account to date.Overall an exceptional book for introducing W to a general philosophical audience. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle 59p(2016). For all my articles on Wittgenstein and Searle see my e-book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Wittgenstein and Searle 367p (2016). Those interested in all my writings in their most recent versions may consult my e-book Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2016’ 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX . (shrink)

Epistemic Contextualism is the view that “knows that” is semantically context-sensitive and that properly accommodating this fact into our philosophical theory promises to solve various puzzles concerning knowledge. Yet Epistemic Contextualism faces a big—some would say fatal—problem: The Semantic Error Problem. In its prominent form, this runs thus: speakers just don’t seem to recognise that “knows that” is context-sensitive; so, if “knows that” really is context-sensitive then such speakers are systematically in error about what is said by, or how to (...) evaluate, ordinary uses of “S knows that p”; but since it's wildly implausible that ordinary speakers should exhibit such systematic error, the expression “knows that” isn't context-sensitive. We are interested in whether, and in what ways, there is such semantic error; if there is such error, how it arises and is made manifest; and, again, if there is such error to what extent it is a problem for Epistemic Contextualism. The upshot is that some forms of The Semantic Error Problem turn out to be largely unproblematic. Those that remain troublesome have analogue error problems for various competitor conceptions of knowledge. So, if error is any sort of problem, then there is a problem for every extant competitor view. (shrink)

Relativists about knowledge ascriptions think that whether a particular use of a knowledge-ascribing sentence, e.g., “Keith knows that the bank is open” is true depends on the epistemic standards at play in the assessor’s context—viz., the context in which the knowledge ascription is being as- sessed for truth or falsity. Given that the very same knowledge-ascription can be assessed for truth or falsity from indefinitely many perspectives, relativism has a striking consequence. When I ascribe knowledge to someone (e.g., when I (...) say that, at a particular time, “Keith knows that the bank is open”), what I’ve said does not get a truth-value absolutely, but only relatively. If this semantic thesis about the word “knows” and its cognates is true, what implications would this have for epistemology, the philosophical theory of knowledge? e present aim will be to engage with this mostly unexplored question, and then to consider how the epistemological conclusions drawn might bear on the plausibility of a relativist semantics for “knows”. (shrink)

Standpoint theory is an explicitly political as well as social epistemology. Its central insight is that epistemic advantage may accrue to those who are oppressed by structures of domination and discounted as knowers. Feminist standpoint theorists hold that gender is one dimension of social differentiation that can make such a difference. In response to two longstanding objections I argue that epistemically consequential standpoints need not be conceptualized in essentialist terms, and that they do not confer automatic or comprehensive epistemic privilege (...) on those who occupy them. Standpoint theory is best construed as conceptual framework for investigating the ways in which socially situated experience and interests make a contingent difference to what we know (well), and to the resources we have for determining which knowledge claims we can trust. I illustrate the advantages of this account in terms of two examples drawn from archaeological sources. (shrink)

In this paper I examine the case for epistemic relativism focusing on an argument for epistemic relativism formulated (though not endorsed) by Paul Boghossian. Before examining Boghossian’s argument, however, I first examine some preliminary considerations for and against epistemic relativism.

The recent debate on Semantic Contextualism and Relativism has definitely brought the phenomenon of disagreement under the spotlight. Relativists have considered disagreement as a means to accomplish a defence of their own position regarding the semantics of knowledge attributions, epistemic modals, taste predicates, and so on. The aim of this paper is twofold: first, we argue that several specific notions of disagreement can be subsumed under a common “schema” which provides a unified and overarching notion of disagreement. Secondly, we avail (...) ourselves of such a unified notion of disagreement to assess the arguments devised especially by Relativists in order to criticise certain forms of Contextualism, which crucially rely on the idea that Relativism is better suited than Contextualism to capture certain intuitions of disagreement. (shrink)

Abstract: The understanding our own mind seems to be an interesting topic in philosophy. I recall reading Kant, he ran far away in the metaphysical space when chalanged complex problems. He used the “intuition” as a mean to justify things, much before the awareness of scientific genetics and such things that made it feasible for such a use. Not much else he could do, the 18th century access to scientific knowledge was just very limited. My view of instinct and intuition (...) are quite simple, perhaps a foolish view of such a complex and interesting phenomena. (shrink)

Epistemic contextualists think that the extension of the expression ‘knows’ depends on and varies with the context of utterance. In the last 15 years or so this view has faced intense criticism. This paper focuses on two sorts of objections. The first are what I call the ‘linguistic objections’, which purport to show that the best available linguistic evidence suggests that ‘knows’ is not context-sensitive. The second is what I call the ‘disagreement problem’, which concerns the behaviour of ‘knows’ in (...) disagreement reports. These may not be the only objections to epistemic contextualism, but they are probably the most influential. I argue that the best current epistemic contextualist response to the linguistic objection is incomplete, and I show how it can be supplemented to deal with the full range of linguistic objections. I also develop a new solution to the disagreement problem. The upshot is that neither sort of objection gives us any reason to reject epistemic contextualism. This conclusion is, in a sense, negative—no new arguments for epistemic contextualism are advanced—but it’s a vital step towards rehabilitating the view. (shrink)

The present paper aims to revisit the virtues and disadvantages of epistemic conservatism, which claims that it is rational to adhere to a belief until there is evidence to the contrary. Two main theses are put forward: first, while conservatism presents several epistemological flaws, from a contextualist point of view it is not only desirable but also is essential to knowledge accumulation in everyday life; second, conservatism provides a solution to sceptical challenges and to the problem of easy knowledge.

Peter Unger has challenged philosophical objectivism, the thesis that traditional philosophical problems have definite objective answers. He argues from semantic relativity for philosophical relativity, the thesis that for certain philosophical problems, there is no objective answer. I clarify, formulate and challenge Unger's argument. According to Unger, philosophical relativism explains philosophical idling, the fact that philosophical debates appear endless, philosophical disagreements seem irresolvable, and very little substantial progress seems made towards satisfactory and definite answers to philosophical problems. I argue, however, that (...) the reality of philosophical idling is doubtful and, ironically, undermined by philosophical relativism. I then raise problems for several steps in Unger's argument for philosophical relativity. I conclude by arguing that philosophical relativism can avoid self-defeat only by an ad hoc limitation of its scope. (shrink)

Many have rejected contextualism about ?knows? because the view runs into trouble with intra- and inter-contextual disagreement reports. My aim in this paper is to show that this is a mistake. First, I outline four desiderata for a contextualist solution to the problem. Second, I argue that two extant solutions to the problem fail to satisfy the desiderata. Third, I develop an alternative solution which satisfies the four desiderata. The basic idea, put roughly, is that ?knowledge? ascriptions serve the function (...) of recommending good informants, and disagreement over ?knowledge? ascriptions is a matter of conflicting recommendations. The upshot is that intra- and inter-contextual disagreement reports provide little?if any?reason to reject contextualism. (shrink)

I investigate the implication of the truth-relativist’s alleged ‘ faultless disagreements’ for issues in the epistemology of disagreement. A conclusion I draw is that the type of disagreement the truth-relativist claims to preserve fails in principle to be epistemically significant in the way we should expect disagreements to be in social-epistemic practice. In particular, the fact of faultless disagreement fails to ever play the epistemically significant role of making doxastic revision rationally required for either party in a disagreement. That the (...) truth-relativists’ disagreements over centred content fail to play this epistemically significant role that disagreements characteristically play in social epistemology should leave us sceptical that disagreement is what the truth-relativist has actually preserved. (shrink)

In the recent philosophy of language literature there is a debate over whether contextualist accounts of the semantics of various terms can accommodate intuitions of disagreement in certain cases involving those terms. Relativists such as John MacFarlane have claimed that this motivates adopting a form of relativist semantics for these terms because the relativist can account for the same data as contextualists but doesn’t face this problem of disagreement (MacFarlane 2005, 2007 and 2009). In this paper I focus on the (...) case of epistemic predicates and I argue that on a certain assumption about what is involved in assessing an utterance the epistemic contextualist can solve her problem of disagreement. This undercuts a motivation for epistemic relativism. (shrink)

The arguments for and against a truth-relativist semantics for propositional knowledge attributions (KTR) have been debated almost exclusively in the philosophy of language. But what implications would this semantic thesis have in epistemology? This question has been largely unexplored. The aim of this paper is to establish and critique several ramifications of KTR in mainstream epistemology. The first section of the paper develops, over a series of arguments, the claim that MacFarlane's (2005, 2010) core argument for KTR ultimately motivates (for (...) better or worse) the extension of a truth-relativist semantics to a subset of understanding attributions – attributions of understanding-why. I conclude by presenting some reasons to think that even if KTR were otherwise plausible, a truth-relativist semantics for understanding-why attributions is not. These claims, taken together, constitute a kind of epistemological argument against MacFarlane-style truth-relativism for knowledge attributions. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

内容提要：本文综合评述当代认识论的现状以及主干近10 年来主要发展趋势和最新理论贡献。它首先介绍一些必要的理论背景：盖梯尔难题，闭合原则，内在论与外在论之争(第2节)，然后分6 节集中讨论、评述：(i) 温和基础主义的兴起及发展(第3 节) ； (ii) 对认知怀疑论的最新表述及回应(第4 节) ； (iii) 认知无限辨明论(第5 节) ；(iv) 认知语境主义的兴起，其理论贡献，以及存在的问题；(v) 德性认识论的二个模型，它们的优点,和现有的问题。最后简单讨论当代认识论面临的危机与机遇。 -/- Abstract: This article surveys the current state of affairs and some important new developments of epistemology in the past 10 years. It first introduces some necessary theoretical background (the Gettier problem, the closure principle, and internalism vs. externalism), and then focuses on (i) the rise and development of modest forms of foundationalism, (ii) recent debates on epistemic skepticism, (iii) epistemic infinitism, (iv) epistemic contextualism (...) and its contributions and problems, (v) two models of virtue epistemology, its merits and existing issues. It ends with a brief review of the theoretical crisis faced with contemporary epistemology and its opportunities. (shrink)

I critically discuss some aspects of Recanati's Perspectival Thought, while offering a detailed overview of the book. I suggest that the main aim Recanati proposes to achieve —that a moderate relativist should adopt a Kaplanian framework with three levels of content, rather than a Lewisian framework with only two— seems nonetheless insufficiently motivated, and the arguments offered do not settle the issue. I suggest furthermore that the claim that subjects’ mental states and cognitive situations can determine parameters or indices in (...) circumstances of evaluation is an original and very interesting contribution in the book. It is also an important one, since it sets further apart the radical from the moderate relativist, and it is relevant in the current relativism debate, where truth is deemed to be relative to parameters other than worlds, times, places and individuals. I also offer a few objections to some of the reasons Recanati puts forward in support of this latter claim; I object in particular to those that depend on some considerations about psychological modes. (shrink)

The paper is concerned with the semantics of knowledge attributions(K-claims, for short) and proposes a position holding that K-claims are contextsensitive that differs from extant views on the market. First I lay down the data a semantic theory for K-claims needs to explain. Next I present and assess three views purporting to give the semantics for K-claims: contextualism, subject-sensitive invariantism and relativism. All three views are found wanting with respect to their accounting for the data. I then propose a hybrid (...) view according to which the relevant epistemic standards for evaluating K-claims are neither those at the context of the subject (subject-sensitive invariantism), nor those at the context of the assessor (relativism), but it is itself an open matter. However, given that we need a principled way of deciding which epistemic standards are the relevant ones, I provide a principle according to which the relevant standards are those that are the highest between those at the context of the subject and those at the context of the assessor/attributor. In the end I consider some objections to the view and offer some answers. (shrink)

True contradictions are taken increasingly seriously by philosophers and logicians. Yet, the belief that contradictions are always false remains deeply intuitive. This paper confronts this belief head-on by explaining in detail how one specific contradiction is true. The contradiction in question derives from Priest's reworking of Berkeley's argument for idealism. However, technical aspects of the explanation offered here differ considerably from Priest's derivation. The explanation uses novel formal and epistemological tools to guide the reader through a valid argument with, not (...) just true, but eminently acceptable premises, to an admittedly unusual conclusion: a true contradiction. The novel formal and epistemological tools concern points of view and changes in points of view. The result is an understanding of why the contradiction is true. (shrink)

Recently, contextualism about epistemic modals and predicates of taste have come under fire from advocates of assessment relativistic analyses. Contextualism, they have argued, fails to account for what we call "felicitous insensitive assessments". In this paper, we provide one hitherto overlooked way in which contextualists can embrace the phenomenon by slightly modifying an assumption that has remained in the background in most of the debate over contextualism and relativism. Finally, we briefly argue that the resulting contextualist account is at least (...) as plausible as the relativist alternative and should be carefully considered before contextualism is abandoned for relativism. (shrink)