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)

This article summarizes the key ideas in my book, ‘What's the Point of Knowledge?’. First, I articulate the method of function first epistemology, which looks at our epistemology from a practical point of view. Second, I outline my core hypothesis about the purpose of the concept of knowledge, namely, we have this concept to identify reliable informants. Third, I explain how this account is used to resolve a number of epistemological issues. I also draw connections between pragmatism and my own (...) theory of knowledge. (shrink)

The aim of this paper is to show that the meaning and significance of legal evidence is being constituted throughout the course of a singular instance of legal proceedings. This is to be achieved by describing what legal agents _do_ while appealing to different propositions of fact and inferring from them throughout the course of legal proceedings. The authors claim that the process of applying the law is ultimately rooted in the inferential discursive practices of exchanging reasons on the part (...) of the participants of legal proceedings. Therefore, they set forth a model of legal proceedings that consists of an interplay between three types of reasons, which are exchanged by the participants of legal proceedings: i.e. legal reasons, epistemic reasons and stake reasons. To illustrate this interplay, the authors deploy a metaphor of law as a game, and provide a description of legal proceedings as a particular instance of playing a game of law. The conclusion is that the legal concept of evidence is (at least in part) constituted by the role that evidence plays in affecting which reasons for action the participants to legal proceedings choose to act on. The other final assumption of this paper is metatheoretical: authors want to show that when analyzing what legal evidence is, one should begin from the perspective of a singular instance of legal proceedings, rather than from the perspective of law in general. (shrink)

The epistemological debate about radical skepticism has focused on whether our beliefs in apparently obvious claims, such as the claim that we have hands, amount to knowledge. Arguably, however, our concept of knowledge is only one of many knowledge-like concepts that there are. If this is correct, it follows that even if our beliefs satisfy our concept of knowledge, there are many other relevantly similar concepts that they fail to satisfy. And this might give us pause. After all, we might (...) wonder: What is so great about the concept of knowledge that we happen to have? Might it be more important, epistemically speaking, to investigate whether our beliefs satisfy some other relevantly similar concept instead? And how should questions such as these even be understood? This paper discusses the epistemological significance of these issues. In particular, a novel skeptical stance called ‘meta-skepticism’ is introduced, which is a kind of skepticism about the idea that some knowledge-like concepts are epistemically more important than others. It suggested that it is unclear whether this form of skepticism can be avoided. (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)

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)

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)

Assertion is governed by an epistemic norm requiring knowledge. This idea has been hotly debated in recent years, garnering attention in epistemology, philosophy of language, and linguistics. This chapter presents and extends the main arguments in favor of the knowledge norm, from faulty conjunctions, several conversational patterns, judgments of permission, excuse, and blame, and from showing how. (Paired with a chapter by Peter J. Graham and Nikolaj J. L. L. Pedersen, "Knowledge is Not Our Norm of Assertion.").

Many who think that naked statistical evidence alone is inadequate for a trial verdict think that use of probability is the problem, and something other than probability – knowledge, full belief, causal relations – is the solution. I argue that the issue of whether naked statistical evidence is weak can be formulated within the probabilistic idiom, as the question whether likelihoods or only posterior probabilities should be taken into account in our judgment of a case. This question also identifies a (...) major difference between the Process Reliabilist and Probabilistic Tracking views of knowledge and other concepts. Though both are externalist, and probabilistic, epistemic theories, Tracking does and Process Reliabilism does not put conditions on likelihoods. So Tracking implies that a naked statistic is not adequate evidence about an individual, and does not yield knowledge, whereas the Reliabilist thinks it gives justified belief and knowledge. Not only does the Tracking view imply that naked statistical evidence is insufficient for a verdict, but it gives us resources to explain why, in terms of risk and the special conditions of a trial. (shrink)

Modalists think that knowledge requires forming your belief in a “modally stable” way: using a method that wouldn't easily go wrong, or using a method that wouldn't have given you this belief had it been false. Recent Modalist projects from Justin Clarke-Doane and Dan Baras defend a principle they call “Modal Security,” roughly: if evidence undermines your belief, then it must give you a reason to doubt the safety or sensitivity of your belief. Another recent Modalist project from Carlotta Pavese (...) and Bob Beddor defends “Modal Virtue Epistemology”: knowledge is a belief that is maximally modally robust across “normal” worlds. We'll offer new objections to these recent Modalist projects. We will then argue for a rival view, Explanationism: knowing something is believing it because it's true. We will show how Explanationism offers a better account of undermining defeaters than Modalism, and a better account of knowledge. (shrink)

According to the Rational Threshold View, a rational agent believes p if and only if her credence in p is equal to or greater than a certain threshold. One of the most serious challenges for this view is the problem of statistical evidence: statistical evidence is often not sufficient to make an outright belief rational, no matter how probable the target proposition is given such evidence. This indicates that rational belief is not as sensitive to statistical evidence as rational credence. (...) The aim of this paper is twofold. First, we argue that, in addition to playing a decisive role in rationalizing outright belief, non-statistical evidence also plays a preponderant role in rationalizing credence. More precisely, when both types of evidence are present in a context, non-statistical evidence should receive a heavier weight than statistical evidence in determining rational credence. Second, based on this result, we argue that a modified version of the Rational Threshold View can avoid the problem of statistical evidence. We conclude by suggesting a possible explanation of the varying sensitivity to different types of evidence for belief and credence based on the respective aims of these attitudes. (shrink)

Sometimes epistemologists theorize about belief, a tripartite attitude on which one can believe, withhold belief, or disbelieve a proposition. In other cases, epistemologists theorize about credence, a fine-grained attitude that represents one’s subjective probability or confidence level toward a proposition. How do these two attitudes relate to each other? This article explores the relationship between belief and credence in two categories: descriptive and normative. It then explains the broader significance of the belief-credence connection and concludes with general lessons from the (...) debate thus far. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based on purely (...) statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

Why did such highly abstract ideas as truth, knowledge, or justice become so important to us? What was the point of coming to think in these terms? This book presents a philosophical method designed to answer such questions: the method of pragmatic genealogy. Pragmatic genealogies are partly fictional, partly historical narratives exploring what might have driven us to develop certain ideas in order to discover what these do for us. The book uncovers an under-appreciated tradition of pragmatic genealogy which cuts (...) across the analytic-continental divide, running from the state-of-nature stories of David Hume and the early genealogies of Friedrich Nietzsche to recent work in analytic philosophy by Edward Craig, Bernard Williams, and Miranda Fricker. However, these genealogies combine fictionalizing and historicizing in ways that even philosophers sympathetic to the use of state-of-nature fictions or real history have found puzzling. To make sense of why both fictionalizing and historicizing are called for, the book offers a systematic account of pragmatic genealogies as dynamic models serving to reverse-engineer the points of ideas in relation not only to near-universal human needs, but also to socio-historically situated needs. This allows the method to offer us explanation without reduction and to help us understand what led our ideas to shed the traces of their practical origins. Far from being normatively inert, moreover, pragmatic genealogy can affect the space of reasons, guiding attempts to improve our conceptual repertoire by helping us determine whether and when our ideas are worth having. (shrink)

Those in the Gricean tradition take it that successful human communication features an audience who not only arrives at the intended content of the signal, but also recognizes the speaker’s intention that they do so. Some in this tradition have also argued that there are yet further conditions on communicative success, which rule out the possibility of communicating by luck. Supposing that both intention-recognition and some sort of anti-luck condition are correctly included in an analysis of human communication, this article (...) asks what the value of events satisfying these conditions is. I present a puzzle concerning the value of intention-recognition which is analogous to the Meno Problem in epistemology, but ultimately argue that this puzzle is solveable: the signaling-relevant value of intention recognition can be vindicated. However, I argue that the version of this puzzle that concerns the further proposed luck-proofing conditions on communication can not be answered. I argue therefore that communication, as analyzed by many, is no more valuable qua signal than a proper subset of its conditions. Human communication is thennot a uniquely valuable signaling event. (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)

This paper aims to outline, and argue for, an approach to episodic memory broadly in the spirit of knowledge-first epistemology. I discuss a group of influential views of epsiodic memory that I characterize as ‘two-factor accounts’, which have both proved popular historically and have also seen a resurgence in recent work on the philosophy of memory. What is common to them is that they try to give an account of the nature of episodic memory in which the concept of knowledge (...) plays no explanatory role. I highlight some parallels between these two-factor accounts and attempts to give a reductive definition of knowledge itself. I then discuss some problems two-factor accounts of episodic memory face in explaining the distinctive sense in which episodic recollection involves remembering personally experienced past events, before sketching an alternative approach to episodic memory, which takes as basic the idea that episodic memory involves the retention of knowledge. I argue that we can give an exhaustive constitutive account of what episodic memory is, and how it differs from other types of mental states, by considering what particular type of knowledge is retained in episodic memory, and what exactly having that knowledge consists in. (shrink)

The paper investigates what type of motivation can be given for adopting a knowledge-based decision theory. KBDT seems to have several advantages over competing theories of rationality. It is commonly argued that this theory would naturally fit with the intuitive idea that being rational is doing what we take to be best given what we know, an idea often supported by appeal to ordinary folk appraisals. Moreover, KBDT seems to strike a perfect balance between the problematic extremes of subjectivist and (...) objectivist decision theory. We argue that these alleged advantages do not stand up to a closer scrutiny: KBDT inherits the same kinds of problems as alternative decision theoretic frameworks but doesn’t retain any of the respective advantages. Moreover, differently from other knowledge-action principles advanced in the literature, KBDT cannot fully explain the intuitive connections between knowledge and rational action. We conclude that the most serious challenge for knowledge-based decision theorists is to provide a substantive rationale for the adoption of such a view. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

This guide accompanies the following article(s): Jackson, E., Philosophy Compass 15/6 (2020) pp. 1-13 10.1111/phc3.12668.x.

Philosophical Issues, Volume 31, Issue 1, Page 146-166, October 2021.

Conceptual engineers have recently turned to the notion of conceptual functions to do a variety of explanatory work. Functions are supposed to explain what speakers are debating about in metalinguistic negotiations, to capture when two concepts are about the same thing, and to help guide our normative inquiries into which concepts we should use. In this paper, I argue that this recent “functional turn” should be deflated. Contra most interpreters, we should not try to use a substantive notion of conceptual (...) functions to handle various problems for conceptual engineering. The primary accounts of function appealed to by conceptual engineers, namely etiological and system functions, are not suited to handle many of the problems functions are supposed to handle, and it’s dubious whether any other account of function would do better. Instead of trying to use substantive functions to solve theoretical problems, we should deflate those problems themselves by focusing only on what matters to us, as speakers or theorists, in a given inquiry. (shrink)

A jury needs “proof beyond a reasonable doubt” in order to convict a defendant of a crime. The standard is vexingly difficult to pin down, but some legal epistemologists have given this account: knowledge is the standard of legal proof. On this account, a jury should deliver a guilty verdict just in case they know that the defendant is guilty. In this paper, I’ll argue that legal proof requires more than just knowledge that a defendant is guilty. In cases of (...) “merely predictive evidence,” a jury knows that the defendant is guilty but does not have legal proof. What are they missing? Evidence that is causally downstream from the crime. Legal proof requires a “smoking gun.” The point generalizes outside of the courtroom. A professor needs to read a term paper before assigning a grade, even if she knows the student will produce A + work. You may know that your roommate will forget to water the plants while you are away—she is scatterbrained and always forgets these things—but you can’t blame her until you get back home and see that the plants are wilting. In order to have appropriate reactions or reactive attitudes, we must respond causally to what other people have done. (shrink)

This paper reexamines the case for mentality — the thesis that knowledge is a mental state in its own right, and not only derivatively, simply by virtue of being composed out of mental states or by virtue of being a property of mental states — and explores a novel argument for it. I argue that a certain property singled out by psychologists and philosophers of cognitive science as distinctive of skillful behavior (agentive control) is best understood in terms of knowledge. (...) While psychological theories of agentive control that appeal to monitoring mechanisms, such as attention, have been proposed, these theories cannot account for the full scope of controlled action. By contrast, I argue that an epistemic theory of agentive control that invokes knowledge is extensionally adequate. It is when it comes to understanding the hallmarks of skillful performance that the theoretical benefits of thinking of knowledge as mental can be fully appreciated. (shrink)