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)

Over the years I’ve written many papers defending an idiosyncratic version of interest-relative epistemology. This book collects and updates the views I’ve expressed over those papers. -/- Interest-relative epistemologies all start in roughly the same way. A big part of what makes knowledge important is that it rationalises action. But for almost anything we purportedly know, there is some action that it wouldn’t rationalise. I know what I had for breakfast, but I wouldn’t take a bet at billion to one (...) odds about it. Knowledge has practical limits. The first idiosyncratic feature of my version of interest-relative epistemology is how those limits are identified. Other interest-relative philosophers typically say that the limits have to do with stakes; in high stakes situations knowledge goes away. That’s no part of my view. I think knowledge goes away in long odds situations. High stakes situations are almost always are long odds situations, for reasons to do with the declining marginal utility of money. But the converse isn’t true. On my view, knowledge often goes away in cases where it is trivial to check before action. This idea, that interests matter in long odds cases, and not just in high stakes cases, is the main constant in what I’ve written on interest-relativity over the years. -/- But there are three other respects in which the view I’m going to set out and defend in this book is very different from the view I set out in older papers. -/- I used to identify the practical limits on knowledge with cases where relying on the purported knowledge would get the wrong answer. I focused, that is, on the outputs of inquiry. Knowledge goes away if relying on it would lead one to make a mistake. I now think I was looking at the wrong end of inquiry. Knowledge goes away if the thinker starts conducting an inquiry where the purported knowledge is an inappropriate starting point, and inappropriate for the special reason that it might be false. Now one way we can tell that something is a bad starting point is that starting there will mean we end up at the wrong place. But it’s not the only way. Sometimes a bad starting point will lead to the right conclusion for the wrong reasons. As the Nyāya philosophers argued, rational inquiry starts with knowledge. If it would be irrational to start this inquiry with a particular belief, that belief isn’t knowledge. -/- Not all inquiries are practical inquiries, but many are. And practical inquiries are usually going to be at the center of attention in this book. But what is someone trying to figure out when they conduct a practical inquiry? I used to think that they were trying to figure out which option maximised expected utility, and to a first approximation identified knowledge with those things one could conditionalise on without changing the option that maximised expected utility. As noted in the previous paragraph, I no longer think that we can identify knowledge with what doesn’t change our verdicts. But more importantly, I no longer think that expected utility maximisation is as central to practical inquiry as I once did. There are some theoretical reasons from game theory that raise some doubts about expected utility maximisation. Weak dominance reasoning is part of our theory of rational choice, and can’t be modelled as expected utility maximisation. Perhaps some kinds of equilibrium seeking are parts of practical inquiry, and can’t be modelled as expected utility maximisation. But there are also very practical reasons to think that practical inquiry doesn’t aim at expected utility maximisation. When there are a lot of very similar options - think about selecting a can from a supermarket shelf - and it’s more trouble than it’s worth to figure out which of them maximises expected utility, it’s best to ignore the differences between them and just pick. As I’ll argue in Chapter 6, this makes a big difference to how interests and knowledge interact. -/- In the version of interest-relativity that I’m defending here, everything in epistemology is interest-relative. Knowledge, rational belief, and evidence are all interest-relative. But they are all interest-relative in slightly different ways. The main aim here is to defend the interest-relativity of knowledge. A common objection to interest-relative theories of knowledge is that they can’t be extended into theories of all the things we care about in epistemology. Here I try to meet that challenge. The way I do so is a little messy. It would be nice if there was some part of epistemology that’s interest-invariant, as I used to think, or if all the interest-relative notions were interest-relative in the same way, as other interest-relative epistemologists argue. For better or worse, that’s not the view I’m defending. Interests matter throughout epistemology, and we just have to go case by case to figure out how and why they matter. (shrink)

In epistemology, the concept of knowledge is of distinctive interest. This fact is also reflected in the discussion of epistemic value, which focuses to a large extend on the value problem of knowledge. This discussion suggests that knowledge has an outstanding value among epistemic standings because its value exceeds the value of its constitutive parts. I will argue that the value of knowledge is not outstanding by presenting epistemic standings of checking, transferring knowledge, and proving in court, whose values exceed (...) the value of knowledge in certain contexts. Moreover, the values of these other epistemic standings do not always rely on the value of knowledge. In terms of value, knowledge is not an outstanding epistemic concept. Hence, in terms of value we cannot find support for the privileged position that knowledge enjoys in epistemology. (shrink)

In this Précis, I provide an overview of my Monograph Knowing and Checking: An Epistemological Investigation (Melchior 2019), which is subject to a book symposium organized by the University of Maribor. This volume in Acta Analytica contains contributions by Peter Baumann, Kelly Becker, Marian David, Nenad Miščević, Robert Weston Siscoe, and Danilo Šuster along with my replies.

This paper replies to the comments made in Acta Analytica by Peter Baumann, Kelly Becker, Marian David, Nenad Miščević, Wes Siscoe, and Danilo Šuster on my Knowing and Checking: An Epistemological Investigation (Routledge 2019), hereinafter abbreviated as KC. These papers resulted from a workshop organized by the department of philosophy of the University of Maribor. I am very thankful to the organizers of the workshop and to the authors for their comments.

In his recent book, Knowing and Checking, Guido Melchior argues that, when we attempt to check whether p, we tend to think that we do not know p. Melchior then uses this assumption to explain a number of puzzles about knowledge. One outstanding question for Melchior's account, however, is why this tendency exists. After all, Melchior himself argues that checking is not necessary for knowing, so why would we think that we fail to know that p when we are in (...) the midst of checking that p? I will explore one such suggestion for why this occurs, arguing that the connection between checking and inquiry can shed light on the impact that checking has on knowing. (shrink)

Guido Melchior’s important and rich book (Melchior _Knowing and Checking. __An Epistemological Investigation_ 2019 ) draws our attention to the much neglected topic of checking. There are many new leads to follow. Here, I will pick a few that seem to me to allow the most room for discussion and disagreement: the alleged modal profile of checking (Sect. 1), the contrastive aspects of checking (Sect. 2), and the relation of checking to closure (Sect. 3). I will end with two smaller (...) points worth bringing up here (Sect. 4). (shrink)

This essay presents a unified account of safety, sensitivity, and severe testing. S’s belief is safe iff, roughly, S could not easily have falsely believed p, and S’s belief is sensitive iff were p false S would not believe p. These two conditions are typically viewed as rivals but, we argue, they instead play symbiotic roles. Safety and sensitivity are both valuable epistemic conditions, and the relevant alternatives framework provides the scaffolding for their mutually supportive roles. The relevant alternatives condition (...) holds that a belief is warranted only if the evidence rules out relevant error possibilities. The safety condition helps categorise relevant from irrelevant possibilities. The sensitivity condition captures ‘ruling out’. Safety, sensitivity, and the relevant alternatives condition are typically presented as conditions on warranted belief or knowledge. But these properties, once generalised, help characterise other epistemic phenomena, including warranted inference, legal verdicts, scientific claims, reaching conclusions, addressing questions, warranted assertion, and the epistemic force of corroborating evidence. We introduce and explain Mayo’s severe testing account of statistical inference. A hypothesis is severely tested to the extent it passes tests that probably would have found errors, were they present. We argue Mayo’s account is fruitfully understood using the resulting relevant alternatives framework. Recasting Mayo’s condition using the conceptual framework of contemporary epistemology helps forge fruitful connections between two research areas—philosophy of statistics and the analysis of knowledge—not currently in sufficient dialogue. The resulting union benefits both research areas. (shrink)

This paper provides a reinterpretation of some of the most influential skeptical arguments, Agrippa’s trilemma, meta-regress arguments, and Cartesian external world skepticism. These skeptical arguments are reasonably regarded as unsound arguments about the extent of our knowledge. However, reinterpretations of these arguments tell us something significant about the preconditions and limits of persuasive argumentation. These results contribute to the ongoing debates about the nature and resolvability of deep disagreement. The variety of skeptical arguments shows that we must distinguish different types (...) of deep disagreement. Moreover, the reinterpretation of skeptical arguments elucidates that deep disagreement cannot be resolved via argumentation. (shrink)

Discrimination is a central epistemic capacity but typically, theories of discrimination only use discrimination as a vehicle for analyzing knowledge. This paper aims at developing a self-contained theory of discrimination. Internalist theories of discrimination fail since there is no compelling correlation between discriminatory capacities and experiences. Moreover, statistical reliabilist theories are also flawed. Only a modal theory of discrimination is promising. Versions of sensitivity and adherence that take particular alternatives into account provide necessary and sufficient conditions on discrimination. Safety in (...) contrast is not sufficient for discrimination as there are cases of safety that are clearly instances of discrimination failure. The developed account of discrimination between objects will be extended to discrimination between kinds and between types. (shrink)

Modal knowledge accounts that are based on standards possible-worlds semantics face well-known problems when it comes to knowledge of necessities. Beliefs in necessities are trivially sensitive and safe and, therefore, trivially constitute knowledge according to these accounts. In this paper, I will first argue that existing solutions to this necessity problem, which accept standard possible-worlds semantics, are unsatisfactory. In order to solve the necessity problem, I will utilize an unorthodox account of counterfactuals, as proposed by Nolan, on which we also (...) consider impossible worlds. Nolan’s account for counterpossibles delivers the intuitively correct result for sensitivity i.e. S’s belief is sensitive in intuitive cases of knowledge of necessities and insensitive in intuitive cases of knowledge failure. However, we acquire the same plausible result for safety only if we reject his strangeness of impossibility condition and accept the modal closeness of impossible worlds. In this case, the necessity problem can be analogously solved for sensitivity and safety. For some, such non-moderate accounts might come at too high a cost. In this respect, sensitivity is better off than safety when it comes to knowing necessities. (shrink)

This paper aims at resolving a puzzle about the persuasiveness of bootstrapping. On the one hand, bootstrapping is not a persuasive method of settling questions about the reliability of a source. On the other hand, our beliefs that our sense apparatus is reliable is based on other empirically formed beliefs, that is, they are acquired via a presumably complex bootstrapping process. I will argue that when we doubt the reliability of a source, bootstrapping is not a persuasive method for coming (...) to believe that the source is reliable. However, when being initially unaware of a source and its reliability, as in the case of forming beliefs about our sense apparatus, bootstrapping can be eventually persuasive. (shrink)

In this paper, I describe some of the highlights of Melchior’s checking account and then suggest that its explanatory value could be enhanced with a less analyzed concept of checking. This thought inspires a rearguard defense of sensitivity, by no means aiming to rescue it from all its well-known problems, wherein it is suggested that sensitivity fares better as a necessary condition for knowledge when all the bells and whistles with which it has been adorned over the years are stripped (...) away. Finally, I investigate a recognizably Moorean position involving methods that can be construed as sensitive, such that persons using them can claim to have checked that skeptical hypotheses are false. (shrink)

Sensitivity account of knowledge states that if one knows that _p_ (via method M), then were _p_ false, one would not believe that _p_ via M. This account has been highly controversial. However, even its critics tend to agree that the account enjoys an important advantage of solving the Gettier problem—that is, it explains why Gettierized beliefs are not knowledge. In this paper, I argue that this purported advantage of sensitivity is merely illusory. The account cannot, in principle, solve the (...) Gettier problem. Moreover, another formulation of sensitivity—which is fully in line with Nozick’s original account—is not unscathed either. (shrink)

Sensitivity is a modal epistemic principle. Modal knowledge accounts are externalist in nature and claim that the knowledge yielding connection between a true belief and the truthmaker must be spelled out in modal terms. The sensitivity condition was introduced by Robert Nozick. He suggests that if S knows that p, then S’s belief that p tracks truth. Nozick argues that this truth-tracking relation can be captured by subjunctive conditionals. As a first approximation, he provides the following modal analysis of knowledge: (...) S knows that p iff (1) p is true; (2) S believes that p; (3) if p were false, S wouldn’t believe that p and (4) if p were true, S would believe that p. The dominant terminology in the literature, also adopted here, is to call condition (3) the sensitivity condition and condition (4) the adherence condition. The sensitivity condition is intuitively appealing since it states that a subject does not know that p if she would believe that p even if p were false. Nozick used the sensitivity condition to accomplish two major tasks. First, he provided a solution to the Gettier problem by arguing that in Gettier cases subjects do not know since the sensitivity condition is violated. Second, he presented a controversial solution to the skeptical problem according to which we have external world knowledge but do not know that the skeptical hypothesis is false. This solution is available because sensitivity is not closed under known entailment. Quickly, criticism of the sensitivity condition emerged. First, most epistemologists regarded the price of abandoning knowledge closure as a price too high to pay. Second, it was noted that sensitivity leads to the counterintuitive consequence of precluding us from inductive knowledge since induction typically yields insensitive beliefs. The most dominant reaction to these problems was to replace sensitivity by the modal principle of safety, nowadays the most popular modal principle. However, sensitivity is not only important as a starting point of modal epistemology. Because of its intuitive attractiveness, many authors aimed at refining the original sensitivity account in order to avoid well-known problems. This has led to a second wave of sensitivity accounts. As of today, various sensitivity-based theories are on the market, including accounts that avoid closure failure, probabilistic interpretations of sensitivity and adherence, and contextualist approaches. There is thus a vivid and ongoing debate about the sensitivity principle in epistemology. (shrink)

I raise some questions about differentiations between methods, checking methods, and appropriate methods in terms of their modal profiles. Melchior argues that there can be sensitive checking methods which are not safe. I try to show that such methods are epistemically deficient. I introduce restricted sensitivity (RS) and investigate its checking profile. RS with respect to a proposition _p_ requires that we consider more non-p worlds (not just the closest ones) but not those which are irrelevant (outside a sphere of (...) seriously possible worlds). Restrictedly sensitive methods (vacuously sensitive and strongly safe) based on the appropriate type of Bayesian reasoning might be sufficient for some kind of “modest” checking. Melchior defends a uniform account of checking based on insensitivity even in the case of necessary true propositions and he introduces the apparatus of impossible worlds. I argue that an unsatisfactory method for checking a necessary true proposition is a way of reaching a belief in the target proposition (different from the original one) which might easily not have delivered a true one. I also indicate some limitations of the idea that checking (and knowing) is essentially modal in character. (shrink)

"Imaginative cases, or what might be called puzzles, paradoxes, and other thought experiments, play a central role in epistemology. A significant component of understanding epistemological debates and theories is appreciating various cases and what they are thought to show. This volume collects 50 of the most important puzzles, paradoxes, and thought experiments in contemporary epistemology and describes their significance. The volume gives each case a memorable name, describes the details of the case, explains the issue to which the case is (...) relevant, briefly overviews the key responses to the case that have been put forward, and provides a list of suggested readings on the topic. Each entry is accessible, succinct, and self-contained. Epistemology: 50 Puzzles, Paradoxes, and Thought Experiments is a fantastic teaching tool as well as a handy resource for anyone interested in epistemological issues. Key Features: Though concise overall, offers broad coverage of the key areas of epistemology. Describes each imaginative case directly and in a memorable way, making the cases accessible and easy to remember. Provides a list of Suggested Readings for each case, divided into General Overviews, Seminal Presentations, and Other Important Discussions"--. (shrink)

The form of representation cannot be fully described, as Wittgenstein noted. This is because there is a non-linguistic component in the representation of truth that aesthetic experience shows us. It is the self-represented exemplar of conscious experience. On this basis, the author defends empiricism against the objection that all representation of experience is subject to error.