The material account proposes that indicative conditionals are material, but it is widely believed that this account cannot be applied to subjunctive conditionals. There are three reasons for this consensus: (1) the concern that most subjunctive conditionals would be vacuously true if they were material, which seems implausible; (2) the inconsistency with Adams pair, which suggests that indicative and subjunctive conditionals have different truth conditions; and (3) the belief that the possible world theories are a superior alternative to the material (...) account. In this paper, I will argue against (1) by showing that the counterintuitive aspects of vacuously true conditionals can be explained away in a consistent manner, regardless of whether they are indicative or subjunctive. I will support this argument by demonstrating that the positive arguments for the material account of indicatives also apply to subjunctives. I will counter (2) by explaining the Adams pair as logically equivalent conditionals that may be appropriate at different times, depending on the speaker’s epistemic situation. Finally, I will challenge (3) by arguing that the possible world account faces insurmountable issues and that a comprehensive material account of both indicatives and subjunctives is ultimately a more elegant solution. (shrink)

This article is a contribution to interdisciplinary scholarship addressing the presumption of innocence, especially interdisciplinary conversations between philosophers and jurists. Terminological confusion and methodological traps and errors notoriously beset academic literature addressing the presumption of innocence and related concepts, such as evidentiary presumptions, and the burden and standard of proof in criminal trials. This article is diagnostic, in the sense that its primary objective is to highlight the assumptions—in particular, the disciplinary assumptions—implicit in influential contributions to debates on the presumption (...) of innocence. It advocates a methodologically pluralistic approach, according to which definitions of the presumption of innocence are necessarily sensitive to purpose and method. These relationships and their implications are not always appreciated, and are seldom explicitly elucidated. Notably, philosophers routinely treat the presumption of innocence as epistemic, evidentiary or otherwise featuring directly in practical reasoning. This article identifies jurisprudential and practical reasons why legal scholars and practitioners concerned with criminal procedure and evidence should reject evidentiary interpretations of the presumption of innocence. By encouraging finer-grained engagement with the history and institutional details of common law procedural traditions, the article aims to show why legal scholars might think that philosophical approaches to the presumption of innocence are already methodologically-loaded and, for our purposes, address the wrong questions with deficient concepts. (shrink)