Aunque el derecho probatorio y el derecho procesal se han dedicado desde siempre al estudio de los problemas relacionados con las pruebas y el establecimiento de los hechos en los procesos judiciales, el énfasis ha estado siempre en el aspecto formal, doctrinal y procedimental en detrimento de los fundamentos filosóficos y teóricos. Durante los últimos años ha habido un intento sostenido de explorar estos fundamentos combinando no sólo las herramientas tradicionales proporcionadas por la lógica, la gramática y la retórica, sino (...) también los avances hechos en ciencias como la estadística y la probabilidad, la medicina y la psicología forenses, la psicología de la percepción, la epistemología y la filosofía de la ciencia. El presente libro reúne las contribuciones de destacados juristas y filósofos latinoamericanos a esta nueva perspectiva interdisciplinaria, conocida como epistemología jurídica. El libro está dividido en tres grandes temas: la primera parte explora los problemas epistemológicos del conocimiento de los hechos en los procesos judiciales; la segunda se enfoca en el problema de los estándares de prueba; y la sección final discute el testimonio de los expertos. En su conjunto el libro ofrece un panorama tanto de los problemas centrales de la epistemología jurídica, como del estado del arte de la disciplina. (shrink)

This paper considers two novel Bayesian responses to a well-known skeptical paradox. The paradox consists of three intuitions: first, given appropriate sense experience, we have justification for accepting the relevant proposition about the external world; second, we have justification for expanding the body of accepted propositions through known entailment; third, we do not have justification for accepting that we are not disembodied souls in an immaterial world deceived by an evil demon. The first response we consider rejects the third intuition (...) and proposes an explanation of why we have a faulty intuition. The second response, which we favor, accommodates all three intuitions; it reconciles the first and the third intuition by the dual component model of justification, and defends the second intuition by distinguishing two principles of epistemic closure. (shrink)

Hume held that we have no rational justification for our inductive beliefs. A more radical view is that we have no rational justification for any of our beliefs. This dissertation has two goals pertaining to this more radical view. // The first goal is to find a basis for constructive epistemology that is consistent with this view. This goal is first sought by considering externalist theories of knowledge since these do not require rational justification for knowledge. Externalist theories are defended (...) against the usual objections, partly via a strategy of immunizing them from counterexample-based objections by arguing that epistemologies can be successful even if they fail to explicate ordinary epistemic notions. But a new objection to externalist theories is then brought to light. The objection begins as an attack against a dogma of contemporary epistemology, that the chief benefit of possessing knowledge is having a true belief. It is argued that there are many other benefits to having knowledge , and that externalist theories are defective because externalist knowledge lacks these benefits. A mixed internalist/externalist theory, bilevel reliabilism, is then presented as a solution to this difficulty. //The second goal is to provide an explanation of the function and origin of human epistemic practices that is consistent with the no-rational-justification view. Providing such an explanation is problematic for holders of this view because, if it is correct, it seems, prima facie, that there is no reason to have epistemic practices. This goal is achieved by arguing that epistemic practices, despite appearing to have rational justification as their goal, chiefly function to promote the existence of bilevel reliabilist knowledge, a very useful type of belief that is not rationally justified. It is then argued that the explanation of the origin of epistemic practices is that they arise from natural human inductive tendencies. (shrink)

Dilation occurs when an interval probability estimate of some event E is properly included in the interval probability estimate of E conditional on every event F of some partition, which means that one’s initial estimate of E becomes less precise no matter how an experiment turns out. Critics maintain that dilation is a pathological feature of imprecise probability models, while others have thought the problem is with Bayesian updating. However, two points are often overlooked: (1) knowing that E is stochastically (...) independent of F (for all F in a partition of the underlying state space) is sufficient to avoid dilation, but (2) stochastic independence is not the only independence concept at play within imprecise probability models. In this paper we give a simple characterization of dilation formulated in terms of deviation from stochastic independence, propose a measure of dilation, and distinguish between proper and improper dilation. Through this we revisit the most sensational examples of dilation, which play up independence between dilator and dilatee, and find the sensationalism undermined by either fallacious reasoning with imprecise probabilities or improperly constructed imprecise probability models. (shrink)

In this paper dedicated to Carlos Alchourrón, we review an issue that emerged only after his death in 1996, but would have been of great interest to him: To what extent do the formal operations of AGM belief change respect criteria of relevance? A natural criterion was proposed in 1999 by Rohit Parikh, who observed that the AGM model does not always respect it. We discuss the pros and cons of this criterion, and explain how the AGM account may be (...) refined, if we so desire, so that it is always respected. En este trabajo dedicado a Carlos Alchourrón consideramos un problema que surgió recién después de su muerte en 1996 pero que seguramente habría sido de gran interés para él: ¿hasta dónde las operaciones formales sobre el cambio de creencias de AGM respetan el criterio de relevancia? Un criterio natural ha sido propuesto en 1999 por Rohit Parikh quien asimismo observó que el modelo AGM no siempre lo respeta. Nosotros discutimos los pros y los contras de este criterio y explicamos cómo podría refinarse AGM para que, si así lo deseáramos, lo respetara siempre. (shrink)

This paper argues for two theses: that degrees of belief are context sensitive; that outright belief is belief to degree 1. The latter thesis is rejected quickly in most discussions of the relationship between credence and belief, but the former thesis undermines the usual reasons for doing so. Furthermore, identifying belief with credence 1 allows nice solutions to a number of problems for the most widely-held view of the relationship between credence and belief, the threshold view. I provide a sketch (...) of a formal framework on which both theses are true. This is a modified Bayesian framework; I argue that despite making credences context-sensitive, the framework lets Bayesians hold on to their signature explanatory successes. The sort of context-sensitivity claimed for credences here mirrors the sort of context-sensitivity I have elsewhere claimed for outright belief: one's credences depend, in part, on the space of alternative possibilities one takes seriously in a context. (shrink)

Hans Herzberger's 1973 essay 'Ordinal Preference and Rational Choice' is a classic milestone in the erosion of the idea that rational agents are maximizers of utility. By the time Herzberger wrote, many authors had replaced this claim with the thesis that rational agents are maximizers of preference. That is to say, it was assumed that at the moment of choice a rational agent has a weak ordering representing his or her preferences among the options available to the agent for choice (...) and that the rational agent restricts choice to one of the optimal options. Such an option is an available option judged at least as good as any other.Herzberger explored the prospects of weakening this ordinalist view of maximizing .. (shrink)

Jon Williamson's Objective Bayesian Epistemology relies upon a calibration norm to constrain credal probability by both quantitative and qualitative evidence. One role of the calibration norm is to ensure that evidence works to constrain a convex set of probability functions. This essay brings into focus a problem for Williamson's theory when qualitative evidence specifies non-convex constraints.

This target article presents a new computational theory of explanatory coherence that applies to the acceptance and rejection of scientific hypotheses as well as to reasoning in everyday life, The theory consists of seven principles that establish relations of local coherence between a hypothesis and other propositions. A hypothesis coheres with propositions that it explains, or that explain it, or that participate with it in explaining other propositions, or that offer analogous explanations. Propositions are incoherent with each other if they (...) are contradictory, Propositions that describe the results of observation have a degree of acceptability on their own. An explanatory hypothesis is acccpted if it coheres better overall than its competitors. The power of the seven principles is shown by their implementation in a connectionist program called ECHO, which treats hypothesis evaluation as a constraint satisfaction problem. Inputs about the explanatory relations are used to create a network of units representing propositions, while coherende and incoherence relations are encoded by excitatory and inbihitory links. ECHO provides an algorithm for smoothly integrating theory evaluation based on considerations of explanatory breadth, simplicity, and analogy. It has been applied to such important scientific cases as Lovoisier's argument for oxygen against the phlogiston theory and Darwin's argument for evolution against creationism, and also to cases of legal reasoning. The theory of explanatory coherence has implications for artificial intelligence, psychology, and philosophy. (shrink)

In earlier papers (Lindström & Rabinowicz, 1989. 1990), we proposed a generalization of the AGM approach to belief revision. Our proposal was to view belief revision as a relation rather thanas a function on theories (or belief sets). The idea was to allow for there being several equally reasonable revisions of a theory with a given proposition. In the present paper, we show that the relational approach is the natural result of generalizing in a certain way an approach to belief (...) revision due to Adam Grove. In his (1988) paper, Grove presents two closely related modelings of functional belief revision, one in terms of a family of "spheres" around the agent's theory G and the other in terms of an epistemic entrenchment ordering of propositions. The "sphere"-terminology is natural when one looks upon theories and propositions as being represented by sets of possible worlds. Grove's spheres may be thought of as possible "fallback" theories relative to the agent's original theory: theories that he may reach by deleting propositions that are not "sufficiently" entrenched (according to standards of sufficient entrenchment of varying stringency). To put it differently, fallbacks are theories that are closed upwards under entrenchment The entrenchment ordering can be recovered from the family of fallbacks by the definition: A is at least as entrenched as B iff A belongs to every fallback to which B belongs. To revise a theory T with a proposition A, we go to the smallest sphere that contain A-worlds and intersect it with A. The relational notion of belief revision that we are interested in, results from weakening epistemic entrenchment by not assuming it to be connected. I.e., we want to allow that some propositions may be incomparable with respect to epistemic entrenchment. As a result, the family of fallbacks around a given theory will no longer have to be nested. This change opens up the possibility for several different ways of revising a theory with a given proposition. (shrink)

Uncertainty plays an important role in The General Theory, particularly in the theory of interest rates. Keynes did not provide a theory of uncertainty, but he did make some enlightening remarks about the direction he thought such a theory should take. I argue that some modern innovations in the theory of probability allow us to build a theory which captures these Keynesian insights. If this is the right theory, however, uncertainty cannot carry its weight in Keynes’s arguments. This does not (...) mean that the conclusions of these arguments are necessarily mistaken; in their best formulation they may succeed with merely an appeal to risk. (shrink)

The arguments for Bayesianism in the literature fall into three broad categories. There are Dutch Book arguments, both of the traditional pragmatic variety and the modern ‘depragmatised’ form. And there are arguments from the so-called ‘representation theorems’. The arguments have many similarities, for example they have a common conclusion, and they all derive epistemic constraints from considerations about coherent preferences, but they have enough differences to produce hostilities between their proponents. In a recent paper, Maher (1997) has argued that the (...) pragmatised Dutch Book arguments are unsound and the depragmatised Dutch Book arguments question begging. He urges we instead use the representation theorem argument as in his (1993). In this paper I argue that Maher’s own argument is question-begging, though in a more subtle and interesting way than his Dutch Book wielding opponents. (shrink)

I argue that Bayesians need two distinct notions of probability. We need the usual degree-of-belief notion that is central to the Bayesian account of rational decision. But Bayesians also need a separate notion of probability that represents the degree to which evidence supports hypotheses. Although degree-of-belief is well suited to the theory of rational decision, Bayesians have tried to apply it to the realm of hypothesis confirmation as well. This double duty leads to the problem of old evidence, a problem (...) that, we will see, is much more extensive than usually recognized. I will argue that degree-of-support is distinct from degree-of-belief, that it is not just a kind of counterfactual degree-of-belief, and that it supplements degree-of-belief in a way that resolves the problems of old evidence and provides a richer account of the logic of scientific inference and belief. (shrink)

I argue that any broadly dispositional analysis of probability will either fail to give an adequate explication of probability, or else will fail to provide an explication that can be gainfully employed elsewhere (for instance, in empirical science or in the regulation of credence). The diversity and number of arguments suggests that there is little prospect of any successful analysis along these lines.

Do time travellers retain their normal freedom and abilities when they travel back in time? Lewis, Horwich and Sider argue that they do. Time-travelling Tim can kill his young grandfather, his younger self, or whomever else he pleases—and so, it seems can reasonably deliberate about whether to do these things. He might not succeed. But he is still just as free as a non-time traveller. I’ll disagree. The freedom of time travellers is limited by a rational constraint. Tim can’t reasonably (...) deliberate on killing his grandfather, certain that he’ll fail. If Tim follows his evidence, and appropriately self-predicts, he will be certain he won’t kill his grandfather. So if Tim is both evidentially and deliberatively rational, he can’t deliberate on killing his grandfather. This result has consequences. Firstly, it shows how evidential limits in the actual world contribute to our conception of the future as open. Secondly, it undercuts arguments against the possibility of time travel. Thirdly, it affects how we evaluate counterfactuals in time travel worlds, as well as our own. I’ll use the constraint to motivate an evidential and temporally neutral method of evaluating counterfactuals that holds fixed what a relevant deliberating agent has evidence of, independently of her decision. Using this method, an agent’s local abilities may be affected by what happens globally at other times, including the future. (shrink)

Bayesians since Savage (1972) have appealed to asymptotic results to counter charges of excessive subjectivity. Their claim is that objectionable differences in prior probability judgments will vanish as agents learn from evidence, and individual agents will converge to the truth. Glymour (1980), Earman (1992) and others have voiced the complaint that the theorems used to support these claims tell us, not how probabilities updated on evidence will actually}behave in the limit, but merely how Bayesian agents believe they will behave, suggesting (...) that the theorems are too weak to underwrite notions of scientific objectivity and intersubjective agreement. I investigate, in a very general framework, the conditions under which updated probabilities actually converge to a settled opinion and the conditions under which the updated probabilities of two agents actually converge to the same settled opinion. I call this mode of convergence deterministic, and derive results that extend those found in Huttegger (2015b). The results here lead to a simple characterization of deterministic convergence for Bayesian learners and give rise to an interesting argument for what I call strong regularity, the view that probabilities of non-empty events should be bounded away from zero. (shrink)

For two ideally rational agents, does learning a finite amount of shared evidence necessitate agreement? No. But does it at least guard against belief polarization, the case in which their opinions get further apart? No. OK, but are rational agents guaranteed to avoid polarization if they have access to an infinite, increasing stream of shared evidence? No.

Given the role consensus is supposed to play in the social aspects of inquiry and deliberation, it is important that we may always identify a consensus as the basis of joint inquiry and deliberation. However, it turns out that if we think of an agent revising her beliefs to reach a consensus, then, on the received view of belief revision, AGM belief revision theory, certain simple and compelling consensus positions are not always available.

in Undetermined Table d’Hôte Ingar Brinck: Investigating the development of creativity: The Sahlin hypothesis 7 Linus Broström: Known unknowns and proto-second-personal address in photographic art 25 Johan Brännmark: Critical moral thinking without moral theory 33 Martin Edman: Vad är ett missförhållande? 43 Pascal Engel: Rambling on the value of truth 51 Peter Gärdenfors: Ambiguity in decision making and the fear of being fooled 75 Göran Hermerén: NIPT: Ethical aspects 89 Mats Johansson: Roboethics: What problems should be addressed and why? 103 (...) Johan Laserna: Ambivalenta bilder 113 Anna-Sofia Maurin: Metaphysical explanation 161 Kevin Mulligan: Is preference primitive? 169 John D. Norton: How does your garden grow? 181 Johannes Persson & Annika Wallin: The distinction between internal and external validity 187 Johanna Seibt: Becoming our selves 197 Paul Slovic, Robin Gregory, David Frank, and Daniel Vastfjall: Confronting the collapse of humanitarian values in foreignpolicy decision making 209 Peter Sylwan: Det eviga livet 215 Claudine Tiercelin: Chance, love and logic: Ramsey and Peirce on norms, rationality and the conduct of life 221 Epilog 257 Frank Ramsey. (shrink)

Cosmology raises novel philosophical questions regarding the use of probabilities in inference. This work aims at identifying and assessing lines of arguments and problematic principles in probabilistic reasoning in cosmology. -/- The first, second, and third papers deal with the intersection of two distinct problems: accounting for selection effects, and representing ignorance or indifference in probabilistic inferences. These two problems meet in the cosmology literature when anthropic considerations are used to predict cosmological parameters by conditionalizing the distribution of, e.g., the (...) cosmological constant on the number of observers it allows for. However, uniform probability distributions usually appealed to in such arguments are an inadequate representation of indifference, and lead to unfounded predictions. It has been argued that this inability to represent ignorance is a fundamental flaw of any inductive framework using additive measures. In the first paper, I examine how imprecise probabilities fare as an inductive framework and avoid such unwarranted inferences. In the second paper, I detail how this framework allows us to successfully avoid the conclusions of Doomsday arguments in a way no Bayesian approach that represents credal states by single credence functions could. -/- There are in the cosmology literature several kinds of arguments referring to self- locating uncertainty. In the multiverse framework, different "pocket-universes" may have different fundamental physical parameters. We don’t know if we are typical observers and if we can safely assume that the physical laws we draw from our observations hold elsewhere. The third paper examines the validity of the appeal to the "Sleeping Beauty problem" and assesses the nature and role of typicality assumptions often endorsed to handle such questions. -/- A more general issue for the use of probabilities in cosmology concerns the inadequacy of Bayesian and statistical model selection criteria in the absence of well-motivated measures for different cosmological models. The criteria for model selection commonly used tend to focus on optimizing the number of free parameters, but they can select physically implausible models. The fourth paper examines the possibility for Bayesian model selection to circumvent the lack of well-motivated priors. (shrink)

It is sometimes suggested that there are two kinds of reasoning: inferential reasoning and non-inferential reasoning. However, it is not entirely clear what the difference between these two kinds of reasoning is. In this paper, I try to answer the question what this difference is. I first discuss three answers to this question that I argue are unsatisfactory. I then give a different answer to this question, and I argue that this answer is satisfactory. I end by showing that this (...) answer can help to resolve some disagreements in which the difference between inferential and noninferential reasoning plays a role. (shrink)

The Theory of theory change has contraction and revision as its central notions. Of these, contraction is the more fundamental. The best-known theory, due to Alchourrón, Gärdenfors, and Makinson, is based on a few central postulates. The most fundamental of these is the principle of recovery: if one contracts a theory with respect to a sentence, and then adds that sentence back again, one recovers the whole theory. Recovery is demonstrably false. This paper shows why, and investigates how one can (...) nevertheless characterize contraction in a theoretically fruitful way. The theory proposed lends itself to implementation, which in turn could yield new theoretical insights. The Main proposal is a ‘staining algorithm’ which identifies which sentences to reject when contracting a theory. The algorithm requires one to be clear about the structure of reasons one has for including sentences within one's theory. (shrink)

We explore which types of probabilistic updating commute with convex IP pooling. Positive results are stated for Bayesian conditionalization, imaging, and a certain parameterization of Jeffrey conditioning. This last observation is obtained with the help of a slight generalization of a characterization of externally Bayesian pooling operators due to Wagner :336–345, 2009). These results strengthen the case that pooling should go by imprecise probabilities since no precise pooling method is as versatile.

Fundamental physics makes no clear use of causal notions; it uses laws that operate in relevant respects in both temporal directions and that relate whole systems across times. But by relating causation to evidence, we can explain how causation fits in to a physical picture of the world and explain its temporal asymmetry. This paper takes up a deliberative approach to causation, according to which causal relations correspond to the evidential relations we need when we decide on one thing in (...) order to achieve another. Tamsin's taking her umbrella is a cause of her staying dry, for example, if and only if her deciding to take her umbrella for the sake of staying dry is adequate grounds for believing she'll stay dry. This correspondence explains why causation matters: knowledge of causal structure helps us make decisions that are evidence of outcomes we seek. The account also explains why we can control the future and not the past, and why causes come before their effects. When agents properly deliberate, their decisions can never count as evidence for any outcomes they may seek in the past. From this it follows that causal relations don't run backwards. This deliberative asymmetry is itself traced back to asymmetries of evidence and entropy, providing a new way of deriving causal asymmetry from temporally symmetric laws. (shrink)

According to the usual way of understanding how true knowledge attribution works, it is not right to attribute knowledge of p to S unless p is true and S is justified in believing p. This assumption seems to hold even if we shun away from the idea that we can give an analysis of knowledge in terms of necessary and sufficient conditions. I want to raise some suspicions on the correctness of this traditional picture. I suggest that justification is not (...) always perceived as a necessary condition for true knowledge attribution, according to our pre-theoretical usage of standard epistemic terms. This is not to say that justification is never seen as an important requirement; sometimes it certainly is. Still, the full-fledged, traditional position on epistemic justification needs to be seriously qualified. Ultimately, I will contend that this result lends support to a rival epistemological standpoint — what we might dub a Moderate Peircean stance on epistemic matters. (shrink)

Two compelling principles, the Reasonable Range Principle and the Preservation of Irrelevant Evidence Principle, are necessary conditions that any response to peer disagreements ought to abide by. The Reasonable Range Principle maintains that a resolution to a peer disagreement should not fall outside the range of views expressed by the peers in their dispute, whereas the Preservation of Irrelevant Evidence Principle maintains that a resolution strategy should be able to preserve unanimous judgments of evidential irrelevance among the peers. No standard (...) Bayesian resolution strategy satisfies the PIE Principle, however, and we give a loss aversion argument in support of PIE and against Bayes. The theory of imprecise probability allows one to satisfy both principles, and we introduce the notion of a set-based credal judgment to frame and address a range of subtle issues that arise in peer disagreements. (shrink)

There are two ways of representing rational belief: qualitatively as yes-or-no belief, and quantitatively as degrees of belief. Standard rationality conditions are: consistency and logical closure, for qualitative belief, satisfaction of the probability axioms, for quantitative belief, and a relationship between qualitative and quantitative beliefs in accordance with the Lockean thesis. In this paper, it is shown that these conditions are inconsistent with each of three further rationality conditions: fallibilism, open-mindedness, and invariance under independent conceptual expansions. Restrictions of the Lockean (...) thesis that have been suggested in the literature cannot remove the inconsistency. In the outlook we discuss two alternative ways of dealing with this problem: restricting conjunctive closure or going for a dual system account. (shrink)

A transformative decision rule transforms a given decision probleminto another by altering the structure of the initial problem,either by changing the framing or by modifying the probability orvalue assignments. Examples of decision rules belonging to thisclass are the principle of insufficient reason, Isaac Levi'scondition of E-admissibility, the de minimis rule, andthe precautionary principle. In this paper some foundationalissues concerning transformative decision rules are investigated,and a couple of formal properties of this class of rules areproved.

We present a propositional and a first-order logic for reasoning about higher-order upper and lower probabilities. We provide sound and complete axiomatizations for the logics and we prove decidability in the propositional case. Furthermore, we show that the introduced logics generalize some existing probability logics.

Several philosophers have questioned the possibility of a genetic epistemology, an epistemology concerned with the developmental transitions between successive states of knowledge in the individual person. Since most arguments against the possibility of a genetic epistemology crucially depend upon a sharp distinction between the genesis of an idea and its justification, I argue that current philosophy of science raises serious questions about the universal validity of this distinction. Then I discuss several senses of the genetic fallacy, indicating which sense of (...) ‘genesis’ is relevant to epistemology. Next I consider the objection that psychology is irrelevant to epistemology, and that since "genetic epistemology" is really psychology, "genetic epistemology" is irrelevant to a real epistemology. Finally, I take up the objection that nothing discovered in genetic psychology could be relevant to a genetic epistemology. These last two arguments are based upon what I claim to be a mistaken notion of the nature of psychology. Suitably interpreted, psychology can assist genetic epistemology precisely in the way that the history of science assists current philosonhv of science. *I owe considerable thanks to Jann Benson, Ken Freeman, Bernie Rollin and Ron Williams for their helpful discussions concerning many of the issues discussed in this paper. I also wish to thank David Hamlyn, John Heil, William Lycan, Harvey Siegel and an anonymous reviewer for their comments and suggestions. It goes without saying that none of these individuals (especially Hamlyn and Siegel) necessarily agree with me. An earlier version of this paper was read at Colorado State University where the audience's comments were beneficial. (shrink)

In The Enterprise of Knowledge, I proposed a general theory of rational choice which I intended as a characterization of a prescriptive theory of ideal rationality. A cardinal tenet of this theory is that assessments of expected value or expected utility in the Bayesian sense may not be representable by a numerical indicator or indeed induce an ordering of feasible options in a context of deliberation. My reasons for taking this position are related to my commitment to the inquiry-oriented approach (...) to human knowledge and valuation favored by the American pragmatists, Charles Peirce and John Dewey. A feature of any acceptable view of inquiry ought to be that during an inquiry points under dispute ought to be kept in suspense pending resolution through inquiry. (shrink)