According to Perdurantism, persons are identical to maximal aggregates of appropriately interrelated temporal parts. Within the Perdurantist framework, an epistemic concern arises, targeting the perduring persons’ belief that they are persons, suggesting that, ultimately, they are not in a position to know that they are persons as opposed to temporal parts. Despite the consideration it has received over the years, this concern has not yet been converted into a full-fledged objection. This paper aims to address this gap by exploring the (...) possibility of formulating a coherent Epistemic Objection against Perdurantism. We shall examine several epistemological principles around which such an objection might be built, arguing that none of them, in the end, allows a plausible formulation of the objection. As a result, we shall conclude that the burden of proving that in a Perdurantist setting persons are not in a position to know that they are persons rests with the objectors. (shrink)

Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof (...) and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes (e.g. guilty or not guilty) or rather use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system. (shrink)

How is it that a speaker _S_ can at once make it obvious to an audience _A_ that she intends to communicate some proposition _p_, and yet at the same time retain plausible deniability with respect to this intention? The answer is that _S_ can bring it about that _A_ has a high justified credence that ‘_S_ intended _p_’ without putting _A_ in a position to know that ‘_S_ intended _p_’. In order to achieve this _S_ has to exploit a (...) sense in which communication can be lottery-like. After defending this view of deniability I argue that it compares favorably to a rival account recently developed by Dinges and Zakkou (Mind, https://doi.org/10.1093/mind/fzac056, 2023 ). (shrink)

Credences are similar to levels of confidence, represented as a value on the [0,1] interval. This chapter sheds light on questions about credence, including its relationship to full belief, with an eye toward the empirical relevance of credence. First, I’ll provide a brief epistemological history of credence and lay out some of the main theories of the nature of credence. Then, I’ll provide an overview of the main views on how credences relate to full beliefs. Finally, I’ll turn to the (...) empirical, and suggest some ways that cognitive science does and could answer questions about credence, such as what credences one has, how credences relate to beliefs, and the extent to which we can control our credences. (shrink)

One recurrent objection to the idea that the right kind of reasons for or against an attitude are object-given reasons for or against that attitude is that object-given reasons for or against belief and disbelief are incapable of explaining certain features of epistemic normativity. Prohibitive balancing, the behaviour of bare statistical evidence, information about future or easily available evidence, pragmatic and moral encroachment, as well as higher-order defeaters, are all said to be inexplicable in terms of those object-given reasons. In (...) this paper, I provide a rebuttal to all these challenges by drawing attention to the object-given reasons for and against the third doxastic state, namely the suspension of judgement. First, I introduce an original picture of how suspension relates to belief and disbelief – as ways of being decided – which yields a novel weighing model of the corresponding reasons. Second, I demonstrate that this new take on doxastic deliberation can accommodate all five features of epistemic normativity. Finally, I extend the weighing model to cover practical deliberation and the suspension of intentions. The resulting theory provides an explanation of why epistemic and practical normativity differ in certain respects in terms of a significant difference between doxastic and conative suspension. (shrink)

It is natural to think that rationality imposes some relationship between what a person believes, and what she believes about what she’s rational to believe. Epistemic akrasia—for example, believing P while believing that P is not rational to believe in your situation—is often seen as intrinsically irrational. This paper argues otherwise. In certain cases, akrasia is intuitively rational. Understanding why akratic beliefs in those case are indeed rational provides a deeper explanation how typical akratic beliefs are irrational—an explanation that does (...) not flow from akrasia per se. This understanding also allows us to diagnose where general anti-akratic arguments go wrong. We can then see why even principles designed to allow only moderate akrasia fail, and also why recognizing the possibility of rational akratic beliefs does not call for finding some other epistemic defect in agents who believe akratically. Believing akratically, in itself, is nothing to apologize for. (shrink)

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. (...) My aim is modest. I hope to show that there is at least one important notion of belief such that a thinker might rationally hold a collection of beliefs (so understood) even when the thinker knows their contents entail a contradiction. (shrink)

Our doxastic states are our belief-like states, and these include outright doxastic states and degreed doxastic states. The former include believing that p, having the opinion that p, thinking that p, being sure that p, being certain that p, and doubting that p. The latter include degrees of confidence, credences, and perhaps some phenomenal states. But we also have conviction (being convinced simpliciter that p) and degrees of conviction (being more or less convinced that p). This volume shows: how and (...) why all of the outright doxastic states mentioned above can be reduced to conviction thresholds; what degrees of conviction fundamentally are (degreed reliance-dispositions); why degrees of conviction are not credences; when suspending a belief is compatible with continuing to believe; and the surprising extent to which Kant endorsed the theory of conviction that emerges in this volume. (shrink)

In this paper I explore some ideas inspired by Federico Picinali’s Justice In-Between: A Study of Intermediate Criminal Verdicts. Picinali makes a case for the introduction of intermediate options in criminal trials – verdicts with consequences that are harsher than an acquittal, but not so harsh as a conviction. From a certain perspective, the absence of intermediate options in criminal trials is puzzling – out of kilter with much of our everyday decision-making and, perhaps, with the recommendations of expected utility (...) theory. I will argue, however, that the lack of intermediate options is much less puzzling when put in the context of our ordinary practices of blame and non-legal punishment. (shrink)

I defend the thesis that legal standards of proof are reducible to thresholds of probability. Many reject this thesis because it appears to permit finding defendants liable solely on the basis of statistical evidence. To the contrary, I argue – by combining Thomson's (1986) causal analysis of legal evidence with formal methods of causal inference – that legal standards of proof can be reduced to probabilities, but that deriving these probabilities involves more than just statistics.

Theories of rational decision making often abstract away from computational and other resource limitations faced by real agents. An alternative approach known as resource rationality puts such matters front and center, grounding choice and decision in the rational use of finite resources. Anticipated by earlier work in economics and in computer science, this approach has recently seen rapid development and application in the cognitive sciences. Here, the theory of rationality plays a dual role, both as a framework for normative assessment (...) and as a source of scientific hypotheses about how mental processes in fact work. The latter project, often called rational analysis, depends for its success on a fine-grained characterization of the computational problem facing a decision maker, which may in turn depend on realistic assumptions about what the relevant agent is like. As a consequence, resource rationality involves a delicate, but often fruitful interplay between the normative and the descriptive. (shrink)

Abstract“Absolutely nothing,” say the radical Bayesians. “Simplifying decisions,” say the moderates. “Providing premises in practical reasoning,” say the epistemologists. “Coordinating with others,” say I. It is hard to see how to construct an adequate theory of rational behavior without using a graded notion of belief, such as credence. But once we have credence, what role is left for belief? After surveying some answers to this question, I will explore the idea that belief is in a different line of work altogether. (...) Its job is not to rationalize and explain an agent’s behavior, but to track what the agent would accept as a reason. Although some philosophers have seen the connection between belief and reasons, they have tended to see reasons as part of a theory of rational action. This locates belief in the rationalizing and explaining business, where it must vie with credence. In contrast, I argue that reasons play no essential role in an account of individual rationality; they are important because we need to coordinate with others. Credence and belief thus answer to separate needs. (shrink)

According to the thesis of doxastic wronging, our beliefs can non-derivatively wrong others. A recent criticism of this view claims that proponents of the doxastic wronging thesis have no principled grounds for denying that credences can likewise non-derivatively wrong, so they must countenance pervasive conflicts between morality and epistemic rationality. This paper defends the thesis of doxastic wronging from this objection by arguing that belief bears distinctive relationships to inquiry and blame that can explain why beliefs, but not credences, can (...) non-derivatively wrong. First, forming a belief (but not updating one’s credence) closes inquiry, and suspending judgment (but not updating one’s credence) opens inquiry. Consequently, beliefs can distinctively wrong others by prematurely closing inquiry or inappropriately opening inquiry. Second, beliefs (but not credences) can constitute blame. Unfittingly blaming someone can wrong them, and hence beliefs which constitute unfitting blame can distinctively wrong. In addition to defending the claim that only beliefs can non-derivatively wrong, this paper gestures towards an ethics of belief which attends to the relationship between belief and attitudes such as inquiry, faith, trust, and blame. (shrink)

It is widely held that our beliefs can be epistemically faultless despite being morally flawed. Theories of moral encroachment challenge this, holding that moral considerations bear on the epistemic status of our attitudes. According to attitude-based theories of moral encroachment, morality encroaches upon the epistemic standing of our attitudes on the grounds that we can morally injure others with our epistemic practices. In this paper, I aim to show that current attitude-based theories have asymmetric mechanisms: moral features only make it (...) harder for attitudes to secure epistemic merits. I argue that, if attitudes can incur moral injury, failure to form attitudes can too. To make sense of this, I contend, attitude-based accounts require symmetric mechanisms, allowing that moral considerations make it both harder and easier for attitudes to attain epistemic merits. I maintain that, once we recognize this, attitude-based encroachment views must soon concede that they sometimes demand we believe against the evidence. (shrink)

Safety purports to explain why cases of accidentally true belief are not knowledge, addressing Gettier cases and cases of belief based on statistical evidence. However, problems arise for using safety as a condition on knowledge: safety is not necessary for knowledge and cannot always explain the Gettier cases and cases of statistical evidence it is meant to address. In this paper, I argue for a new modal condition designed to capture the non-accidental relationship between facts and evidence required for knowledge: (...) causal safety. I argue that possible errors in belief can be captured by accounting for deviations in causal relationships and that there is a natural way to characterize which causal errors are relevant in an epistemic situation. Using this, I develop a causal analogue to safety, where one’s belief in _p_ is causally safe if it is true in all causally relevant worlds where one believes _p_. Causal safety, I argue, can better explain the cases safety is meant to address and can avoid the arguments raised against the necessity of safety. (shrink)

Several philosophers maintain that outright belief exists because it plays a reasoning simplifying role (Holton 2008; Ross and Schroeder 2014; Staffel 2019; Weisberg 2020). This claim has been recently contested, on the grounds that credences also can simplify reasoning (Dinges 2021). This paper takes a step back and asks: what features of an attitude explain its alleged ability to simplify reasoning? The paper contrasts two explanations, one in terms of dispositions and the other in terms of representation, arguing in favour (...) of the latter and against the former. The proposed explanation yields two interesting results: first, both belief and other attitudes, such as acceptance and imagination, can play a reasoning simplifying role; second, credences do not simplify our reasoning. (shrink)

The notion of belief appears frequently in cognitive science. Yet it has resisted definition of the sort that could clarify inquiry. How then might a cognitive science of belief proceed? Here we propose a form of pluralism about believing. According to this view, there are importantly different ways to "believe" an idea. These distinct psychological kinds occur within a multi-dimensional property space, with different property clusters within that space constituting distinct varieties of believing. We propose that discovering such property clusters (...) is empirically tractable, and that this approach can help sidestep merely verbal disputes about what constitutes “belief.”. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

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 (...) because believing when it's sufficiently likely that you'd know minimises expected objective epistemic undesirability. (shrink)

Hot-cold empathy gaps are a pervasive phenomena wherein one’s predictions about others tend to skew ‘in the direction’ of one’s own current visceral states. For instance, when one predicts how hungry someone else is, one’s prediction will tend to reflect one’s own current hunger state. These gaps also obtain intrapersonally, when one attempts to predict what one oneself would do at a different time. In this paper, we do three things: We draw on empirical evidence to argue that so-called hot-cold (...) empathy gaps arise when one projects one’s own current state into a simulation about another. Second, we argue that this process does not typically confer knowledge, even when the predictions it produces happen to be accurate. Third, we suggest that these results can be used to develop a challenge for L.A. Paul's view that authentic action sometimes requires subjective knowledge of one’s own values and how these values relate to relevant outcomes. We then sketch an alternative view of the epistemic grounds of authenticity, one on which authenticity requires a kind of understanding. The relevant form of understanding can be achieved by subjective knowledge but can also be achieved elsewise, such as through testimony from a close friend about what one values. (shrink)

ABSTRACT Rima Basu and I have offered separate accounts of wokeness as an anti-racist ethical concept. Our accounts endorse controversial doctrines in epistemology: doxastic wronging, doxastic voluntarism, and moral encroachment. Many philosophers deny these three views, favoring instead some ordinary standards for epistemic justification. I call this denial the standard view. In this paper, I offer an account of wokeness that is consistent with the standard view. I argue that wokeness is best understood as ‘group epistemic partiality’. The woke person (...) does extra epistemic work before forming a negative belief about a member of an oppressed social group. Just as we do extra epistemic work when forming belief about our friends, so the woke person does for members of oppressed social groups. I first outline the account. I then raise questions about the scope of wokeness and belief formation. After this, I demonstrate that the group partiality view is consistent with the standard view in epistemology. The partiality view, therefore, should appeal to epistemologists who have adopted the standard view because it is consistent with ordinary standards of justification. I conclude that wokeness as a concept in epistemology should not be controversial for those who endorse the standard view. (shrink)

It is one thing to hold that merely statistical evidence is _sometimes_ insufficient for rational belief, as in typical lottery and profiling cases. It is another thing to hold that merely statistical evidence is _always_ insufficient for rational belief. Indeed, there are cases where statistical evidence plainly does justify belief. This project develops a dispositional account of the normativity of statistical evidence, where the dispositions that ground justifying statistical evidence are connected to the goals (= proper function) of objects. There (...) are strong intuitive motivations for doing this. For we can turn almost any case of _non-justifying_ merely statistical evidence into a case of _justifying_ merely statistical evidence by adding information about the dispositions and goals of the objects involved. The resulting view not only helps us understand when and why merely statistical evidence is normatively significant, but it also helps us understand how statistical evidence relates to more standard forms of evidence (perceptual, testimonial). The emerging view also has surprising applications, as it imposes limitations on the epistemic value of fine-tuning arguments for theism as well as undermines a standard class of case-based arguments for moral encroachment. (shrink)

It is natural to think that rationality imposes some relationship between what a person believes, and what she believes about what she’s rational to believe. Epistemic akrasia—for example, believing P while believing that P is not rational to believe in your situation—is often seen as intrinsically irrational. This paper argues otherwise. In certain cases, akrasia is intuitively rational. Understanding why akratic beliefs in those case are indeed rational provides a deeper explanation how typical akratic beliefs are irrational—an explanation that does (...) not flow from akrasia per se. This understanding also allows us to diagnose where general anti-akratic arguments go wrong. We can then see why even principles designed to allow only moderate akrasia fail, and also why recognizing the possibility of rational akratic beliefs does not call for finding some other epistemic defect in agents who believe akratically. Believing akratically, in itself, is nothing to apologize for. (shrink)

James Joyce's article “A Nonpragmatic Vindication of Probabilism” introduced an approach to arguing for credal norms by appealing to the epistemic value of accuracy. The central thought was that credences ought to accurately represent the world, a guiding thought that has gone on to generate an entire research paradigm on the rationality of credences. Recently, a number of epistemologists have begun to apply this same thought to full beliefs, attempting to explain and argue for norms of belief in terms of (...) epistemic value. This paper examines these recent attempts, showing how they interact with work on the accuracy of credences. It then examines how differing judgments about epistemic value give rise to distinct rational requirements for belief, concluding by considering some of the fundamental questions and issues yet to be fully explored. (shrink)

This paper introduces a novel form of pragmatic encroachment: one that makes a difference to the status of emotion rather than the status of belief. I begin by isolating a distinctive standard in terms of which we can evaluate emotion – one sometimes called “subjective fittingness,” “epistemic justification,” or “warrant.” I then show how this standard for emotion could face a kind of pragmatic encroachment importantly similar to the more familiar encroachment on epistemic standards for belief. Encroachment on warranted emotion (...) is a striking proposal that deserves attention. In fact, there are good reasons to think that encroachment on warranted emotion deserves to be considered the default view for those who already accept pragmatic encroachment on the epistemic status of belief. I support this parity claim by arguing for a principle that establishes a limited coordination between the conditions that warrant emotion and the conditions that justify belief. (shrink)

Communication can be risky. Like other kinds of actions, it comes with potential costs. For instance, an utterance can be embarrassing, offensive, or downright illegal. In the face of such risks, speakers tend to act strategically and seek ‘plausible deniability’. In this paper, we propose an account of the notion of deniability at issue. On our account, deniability is an epistemic phenomenon. A speaker has deniability if she can make it epistemically irrational for her audience to reason in certain ways. (...) To avoid predictable confusion, we distinguish deniability from a practical correlate we call ‘untouchability’. Roughly, a speaker has untouchability if she can make it practically irrational for her audience to act in certain ways. These accounts shed light on the nature of strategic speech and suggest countermeasures against strategic speech. (shrink)

This paper has two aims: it develops and defends a fully-fledged account of the epistemic normativity of conjecture it goes sharply against orthodoxy, in arguing that conjecture is epistemically more demanding than assertion. According to the view defended here, one’s conjecture that p is permissible only if one knows that one has warrant, but not sufficient warrant to believe that p. I argue for my account on three independent grounds: the Bach and Harnish account of the nature of communicative speech (...) acts, the plausible normative relation between assertion and other constatives, and the normativity of belief in conjunction with constatives’ epistemic function. (shrink)

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (shrink)

Philosophy and Phenomenological Research, Volume 104, Issue 2, Page 343-363, March 2022.

In this paper, I defend an epistemic requirement on fitting hopes and worries: it is fitting to hope or to worry that p only if one’s epistemic position makes it rational to suspend judgment as to whether p. This view, unlike prominent alternatives, is ecumenical; it retains its plausibility against a variety of different background views of epistemology. It also has other important theoretical virtues: it is illuminating, elegant, and extensionally adequate. Fallibilists about knowledge have special reason to be friendly (...) to my view; it can help them explain why it can be unfitting to hold on to hope and worry in the face of overwhelming evidence, and it can also help them explain the sense in which knowledge that p and hope that –p are in tension with one another. (shrink)

In legal proceedings, a fact-finder needs to decide whether a defendant is guilty or not based on probabilistic evidence. We defend the thesis that the defendant should be found guilty just in case it is rational for the fact-finder to believe that the defendant is guilty. We draw on Leitgeb’s stability theory for an appropriate notion of rational belief and show how our thesis solves the problem of statistical evidence. Finally, we defend our account of legal proof against challenges from (...) Staffel and compare it to a recent competitor put forth by Moss. (shrink)

This lecture illustrates some of the theoretical richness that emerges from thinking about self-aware agents. It argues that taking self-awareness into account yields a picture of rational belief that is surprising, in a number of different, but interconnected, ways. The complexities it focuses on emerge most clearly in cases that involve so-called “higher-order evidence.”.

In this paper, I provide an account of the wrong that is done to women when everyday people fail to believe allegations of sexual assault made by women. I argue that an everyday person wrongs both the accuser and women causally distant from the accuser when they fail to believe the accuser’s allegation. First, I argue that there are responses that we, as everyday members of society, owe to victims of sexual assault. A condition enabling everyday people to respond in (...) the way owed to victims is that they have an outright belief that the accuser was assaulted. Actively suspending judgement about whether a crime occurred is in tension with the ability to respond to the victim in a way that supports and validates them. When an everyday person fails to have an outright belief in the truth of an allegation, they wrong the accuser because they risk failing to satisfy the conditions enabling them to fulfill their obligation to her. Second, I argue that everyday people wrong women who are causally distant from the accuser because in our social context, women are often treated in particular ways – especially in the sexual domain – because they are women. As a result, when women hear that an everyday person fails to believe a particular allegation, they easily project themselves into the accuser’s position and reasonably worry that if they were to be assaulted, they too would be met with doubt and disbelief by the people in their community. (shrink)

According to the skeptical argument from disagreement, we are mandated to suspend judgement about a question if we discover that others disagree with us. Critics, however, have proposed that this skeptical argument fails if there are not equally many people on either side of the debate: numbers matter. The present paper explicates this as the argument that a group can be more likely to arrive at the correct view by majority rule than the members are on their own. Defenders of (...) the skeptical argument have resisted that numbers matter by observing that if group members depend on each other when forming their beliefs, then the group can be less competent than its members. However, neither side of the debate has accompanied their views with quantitative estimates of how detrimental dependence is for group competence. This paper tries to improve this situation by drawing on jury theorems from social choice theory. The paper cannot settle the debate, but it shows that even the lower limit on group competence will exceed the average individual competence when dependence among voters remains moderate. This should give confidence to those who propose that asymmetry between the disputing parties can counter the skeptical argument from disagreement since being in the majority can thus be higher-order evidence for the disputed proposition. (shrink)

We argue that there is nothing that can do the work that normative reasons are expected to do. A currently popular view is that in any given situation, a set of normative reasons (understood as a set of facts, typically about the agent’s situation) always determines the ways we prospectively should or should not respond. We discuss an example that we think shows no such collection of facts could have this normative significance. A radical response might be to dispense with (...) reasons and explain the facts about the ways we should respond using something else entirely (e.g., expected value). We think a more fruitful approach is to explore the possibility of using decision-theoretic tools in a reasons-centred framework. (shrink)

What attitude should philosophers take toward their favorite philosophical theories? I argue that the answer is belief and middling to low credence. I begin by discussing why disagreement has motivated the view that we cannot rationally believe our philosophical theories. Then, I show why considerations from disagreement actually better support my view. I provide two additional arguments for my view: the first concerns roles for belief and credence and the second explains why believing one’s philosophical theories is superior to accepting (...) them. I close by addressing objections, including implications my view has for the Lockean thesis, the view that there is a normative connection between belief and high credence. (shrink)

Recent work has argued that belief is weak: the level of rational credence required for belief is relatively low. That literature has contrasted belief with assertion, arguing that the latter requires an epistemic state much stronger than (weak) belief---perhaps knowledge or even certainty. We argue that this is wrong: assertion is just as weak as belief. We first present a variety of new arguments for this, and then show that the standard arguments for stronger norms are not convincing. Finally, we (...) sketch an alternative picture on which the fundamental norm of assertion is to say what you believe, but both belief and assertion are weak. To help make sense of this, we propose that both belief and assertion involve navigating a tradeoff between accuracy and informativity, and so it can makes sense to believe/say something you only have weak evidence for, if it is informative enough. (shrink)

Although much has been written about divine knowledge, and some on divine beliefs, virtually nothing has been written about divine credences. In this essay we comparatively assess four views on divine credences: (1) God has only beliefs, not credences; (2) God has both beliefs and credences; (3) God has only credences, not beliefs; and (4) God has neither credences nor beliefs, only knowledge. We weigh the costs and benefits of these four views and draw connections to current discussions in philosophical (...) theology. (shrink)

This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not suffice for legal (...) proof. I then introduce and motivate a knowledge-centred explanation of this fact. The knowledge-centred explanation rests on two premises. The first is that legal proof requires knowledge of culpability. The second is that one cannot attain knowledge that p from bare statistical evidence that p. To motivate the second premise, I suggest that beliefs based on bare statistical evidence fail to be safe—they could easily be wrong—and bare statistical evidence cannot eliminate relevant alternatives. -/- I then cast doubt on the first premise; I argue that legal proof does not require knowledge. I thereby dispute the knowledge-centred explanation of the inadequacy of bare statistical evidence for legal proof. Instead of appealing to the nature of knowledge, I suggest we should seek a more direct explanation by appealing to those more foundational epistemic properties, such as safety or eliminating relevant alternatives. (shrink)

Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference that some condemn as violating the right to be “treated as an individual.” I suggest that the right encodes agents’ entitlement to a fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors and act intentionally to avoid (...) them. Furthermore, it condemns reliance on various indexes of distributive injustice, or unchosen properties, as evidence of law-breaking. (shrink)

This paper defends the view, put roughly, that to think that p is to guess that p is the answer to the question at hand, and that to think that p rationally is for one’s guess to that question to be in a certain sense non-arbitrary. Some theses that will be argued for along the way include: that thinking is question-sensitive and, correspondingly, that ‘thinks’ is context-sensitive; that it can be rational to think that p while having arbitrarily low credence (...) that p; that, nonetheless, rational thinking is closed under entailment; that thinking does not supervene on credence; and that in many cases what one thinks on certain matters is, in a very literal sense, a choice. Finally, since there are strong reasons to believe that thinking just is believing, there are strong reasons to think that all this goes for belief as well. (shrink)

Many philosophers have pointed out that statistical evidence, or at least some forms of it, lack desirable epistemic or non-epistemic properties, and that this should make us wary of litigations in which the case against the defendant rests in whole or in part on statistical evidence. Others have responded that such broad reservations about statistical evidence are overly restrictive since appellate courts have expressed nuanced views about statistical evidence. In an effort to clarify and reconcile, I put forward an interpretive (...) analysis of why statistical evidence should raise concerns in some cases but not others. I argue that when there is a mismatch between the specificity of the evidence and the expected specificity of the accusation, statistical evidence—as any other kind of evidence—should be considered insufficient to sustain a conviction. I rely on different stylized court cases to illustrate the explanatory power of this analysis. (shrink)

Why can testimony alone be enough for findings of liability? Why statistical evidence alone can’t? These questions underpin the “Proof Paradox” (Redmayne 2008, Enoch et al. 2012). Many epistemologists have attempted to explain this paradox from a purely epistemic perspective. I call it the “Epistemic Project”. In this paper, I take a step back from this recent trend. Stemming from considerations about the nature and role of standards of proof, I define three requirements that any successful account in line with (...) the Epistemic Project should meet. I then consider three recent epistemic accounts on which the standard is met when the evidence rules out modal risk (Pritchard 2018), normic risk (Ebert et al. 2020), or relevant alternatives (Gardiner 2019 2020). I argue that none of these accounts meets all the requirements. Finally, I offer reasons to be pessimistic about the prospects of having a successful epistemic explanation of the paradox. I suggest the discussion on the proof paradox would benefit from undergoing a ‘value-turn’. (shrink)

While many of us would not want to abandon the requirement that a defendant can only be found guilty of a serious criminal offence by a unanimous jury, we should not expect epistemology to give us the resources we need for justifying this requirement. The doubts that might prevent jurors from reaching unanimity do not show that, say, the BARD standard has not been met. Even if it were true, as some have suggested, that rationality requires that a jury composed (...) of epistemic peers should coalesce around one view about the defendant’s guilt, the failure to reach unanimity might be a good reason to worry about the epistemic failings of some small number of jurors but no reason to worry that we’ve failed to protect the defendant from an unjustified imposition of, say, the risk against wrongful conviction. The arguments for the unanimity requirement will need to come from outside of epistemology. (shrink)

A puzzle arises when combining two individually plausible, yet jointly incompatible, norms of inquiry. On the one hand, it seems that one shouldn’t inquire into a question while believing an answer to that question. But, on the other hand, it seems rational to inquire into a question while believing its answer, if one is seeking confirmation. Millson (2021), who has recently identified this puzzle, suggests a possible solution, though he notes that it comes with significant costs. I offer an alternative (...) solution, which doesn’t involve these costs. The best way to resolve the puzzle is to reject the prohibition on inquiring into a question while believing an answer to it. Resolving the puzzle in this way makes salient two fruitful areas in the epistemology of inquiry which merit further investigation. The first concerns the nature of the inquiring attitudes and the second concerns the aim(s) of inquiry. (shrink)

Much of the literature on the relationship between belief and credence has focused on the reduction question: that is, whether either belief or credence reduces to the other. This debate, while important, only scratches the surface of the belief-credence connection. Even on the anti-reductive dualist view, belief and credence could still be very tightly connected. Here, I explore questions about the belief-credence connection that go beyond reduction. This paper is dedicated to what I call the independence question: just how independent (...) are belief and credence? I look at this question from two angles: a descriptive one (as a psychological matter, how much can belief and credence come apart?) and a normative one (for a rational person, how closely connected are belief and credence?) Ultimately, I suggest that the two attitudes are more independent than one might think. (shrink)

We call attention to certain cases of epistemic akrasia, arguing that they support belief-credence dualism. Belief-credence dualism is the view that belief and credence are irreducible, equally fundamental attitudes. Consider the case of an agent who believes p, has low credence in p, and thus believes that they shouldn’t believe p. We argue that dualists, as opposed to belief-firsters (who say credence reduces to belief) and credence-firsters (who say belief reduces to credence) can best explain features of akratic cases, including (...) the observation that akratic beliefs seem to be held despite possessing a defeater for those beliefs, and that, in akratic cases, one can simultaneously believe and have low confidence in the very same proposition. (shrink)