Suppose one hundred prisoners are in a yard under the supervision of a guard, and at some point, ninety-nine of them collectively kill the guard. If, after the fact, a prisoner is picked at random and tried, the probability of his guilt is 99%. But despite the high probability, the statistical chances, by themselves, seem insufficient to justify a conviction. The question is why. Two arguments are offered. The first, decision-theoretic argument shows that a conviction solely based on the statistics (...) in the prisoner scenario is unacceptable so long as the goal of expected utility maximization is combined with fairness constraints. The second, risk-based argument shows that a conviction solely based on the statistics in the prisoner scenario lets the risk of mistaken conviction surge potentially too high. The same, by contrast, cannot be said of convictions solely based on DNA evidence or eyewitness testimony. A noteworthy feature of the two arguments in the paper is that they are not confined to criminal trials and can in fact be extended to civil trials. (shrink)

Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond.

This paper argues for a particular account of luck by comparing two distinct versions of the modal account of luck that have been provided by Duncan Pritchard (2005, 2014). More specifically, it argues that there are three respects in which Pritchard’s earlier modal account of luck is preferable to his later account: it accounts better for the fact that luck comes in degrees, it includes a significance condition, and it better acknowledges the subjective nature of luck. The paper then discusses (...) two consequences of the points it makes for epistemology: an alleged pragmatic encroachment, and a particular view on the relation between knowledge, luck, and justification. (shrink)

A common epistemological assumption in contemporary bioethics held b y both proponents and critics of non-traditional forms of cognitive enhancement is that cognitive enhancement aims at the facilitation of the accumulation of human knowledge. This paper does three central things. First, drawing from recent work in epistemology, a rival account of cognitive enhancement, framed in terms of the notion of cognitive achievement rather than knowledge, is proposed. Second, we outline and respond to an axiological objection to our proposal that draws (...) from recent work by Leon Kass (2004), Michael Sandel (2009), and John Harris (2011) to the effect that ‘enhanced’ cognitive achievements are (by effectively removing obstacles to success) not worthy of pursuit, or are otherwise ‘trivial’. Third, we show how the cognitive achievement account of cognitive enhancement proposed here fits snugly with recent active externalist approaches (e.g., extended cognition) in the philosophy of mind and cognitive science. (shrink)

A bi-level account of trust is developed and defended, one with relevance in ethics as well as epistemology. The proposed account of trust—on which trusting is modelled within a virtue-theoretic framework as a performance-type with an aim—distinguishes between two distinct levels of trust, apt and convictive, that take us beyond previous assessments of its nature, value, and relationship to risk assessment. While Ernest Sosa (2009; 2015; 2017), in particular, has shown how a performance normativity model may be fruitfully applied to (...) belief, my objective is to apply this kind of model in a novel and principled way to trust. I conclude by outlining some of the key advantages of the performance-theoretic bi-level account of trust defended over more traditional univocal proposals. (shrink)

A bi-level account of trust is developed and defended, one with relevance in ethics as well as epistemology. The proposed account of trust—on which trusting is modelled within a virtue-theoretic framework as a performance-type with an aim—distinguishes between two distinct levels of trust, apt and convictive, that take us beyond previous assessments of its nature, value, and relationship to risk assessment. While Sosa, in particular, has shown how a performance normativity model may be fruitfully applied to belief, my objective is (...) to apply this kind of model in a novel and principled way to trust. I conclude by outlining some of the key advantages of the performance-theoretic bi-level account of trust defended over more traditional univocal proposals. (shrink)

There is a widespread attitude in epistemology that, if you know on the basis of perception, then you couldn't have been wrong as a matter of chance. Despite the apparent intuitive plausibility of this attitude, which I'll refer to here as “stochastic infallibilism”, it fundamentally misunderstands the way that human perceptual systems actually work. Perhaps the most important lesson of signal detection theory (SDT) is that our percepts are inherently subject to random error, and here I'll highlight some key empirical (...) research that underscores this point. In doing so, it becomes clear that we are in fact quite willing to attribute knowledge to S that p even when S's perceptual belief that p could have been randomly false. In short, perceptual processes can randomly fail, and perceptual knowledge is stochastically fallible. The narrow implication here is that any epistemological account that entails stochastic infallibilism, like safety, is simply untenable. More broadly, this myth of stochastic infallibilism provides a valuable illustration of the importance of integrating empirical findings into epistemological thinking. (shrink)

One of the most widely recognised intuitions about knowledge is that knowing precludes believing truly as a matter of luck. On Pritchard’s highly influential modal account of epistemic luck, luckily true beliefs are, roughly, those for which there are many close possible worlds in which the same belief formed in the same way is false. My aim is to introduce a new challenge to this account. Starting from the observation—as documented by a number of recent EEG studies—that our capacity to (...) detect visual stimuli fluctuates with the phase of our neural oscillations, I argue that there can be very close possible worlds in which an actual-world detectable stimulus is undetectable. However, this doesn’t diminish our willingness to attribute knowledge in the case that the stimulus is detectable, even when undetectability would result in the same belief formed in the same way being false. As I will argue at length, the modal account appears unable to accommodate this result. (shrink)

Multiple epistemological programs make use of intuitive judgments pertaining to an individual’s ability to gain knowledge from exclusively probabilistic/statistical information. This paper argues that these judgments likely form without deference to such information, instead being a function of the degree to which having knowledge is representative of an agent. Thus, these judgments fit the pattern of formation via a representativeness heuristic, like that famously described by Kahneman and Tversky to explain similar probabilistic judgments. Given this broad insensitivity to probabilistic/statistical information, (...) it directly follows that these epistemic judgments are insensitive to a given agent’s epistemic status. From this, the paper concludes that, breaking with common epistemological practice, we cannot assume that such judgments are reliable. (shrink)

On the standard conception of risk, the degree to which an event is risky is the function of the probability of that event. Recently, Duncan Pritchard has challenged this view, proposing instead a modal account on which risk is conceived of in terms of modal ordering (2015). On this account, the degree of risk for any given event is a function of its modal distance from the actual world, not its likelihood. Pritchard's main motivation for this is that the probabilistic (...) account cannot always explain our judgements about risk. In certain cases, equally probable events are not judged to be equally risky. Here I will argue that Pritchard's account succumbs to a similar problem. Put simply, there are cases in which judgements about risk decouple from both probability and modal ordering. Thus, if we want a theory of risk that can explain our judgements about risk, neither the probabilistic nor modal account is successful. (shrink)

If a subject has a true belief, and she has good evidence for it, and there’s no evidence against it, why should it matter if she doesn’t believe on the basis of the good available evidence? After all, properly based beliefs are no likelier to be true than their corresponding improperly based beliefs, as long as the subject possesses the same good evidence in both cases. And yet it clearly does matter. The aim of this paper is to explain why, (...) and in the process delineate a species of epistemic luck that has hitherto gone unnoticed—what we call propositional epistemic luck—but which we claim is crucial to accounting for the importance of proper basing. As we will see, in order to understand why this type of epistemic luck is malignant, we also need to reflect on the relationship between epistemic luck and epistemic risk. (shrink)

Recent attempts to resolve the Paradox of the Gatecrasher rest on a now familiar distinction between individual and bare statistical evidence. This paper investigates two such approaches, the causal approach to individual evidence and a recently influential (and award-winning) modal account that explicates individual evidence in terms of Nozick's notion of sensitivity. This paper offers counterexamples to both approaches, explicates a problem concerning necessary truths for the sensitivity account, and argues that either view is implausibly committed to the impossibility of (...) no-fault wrongful convictions. The paper finally concludes that the distinction between individual and bare statistical evidence cannot be maintained in terms of causation or sensitivity. We have to look elsewhere for a solution of the Paradox of the Gatecrasher. (shrink)

Martin Smith has recently proposed, in this journal, a novel and intriguing approach to puzzles and paradoxes in evidence law arising from the evidential standard of the Preponderance of the Evidence. According to Smith, the relation of normic support provides us with an elegant solution to those puzzles. In this paper I develop a counterexample to Smith’s approach and argue that normic support can neither account for our reluctance to base affirmative verdicts on bare statistical evidence nor resolve the pertinent (...) paradoxes. Normic support is, as a consequence, not a successful epistemic anti-luck condition. (shrink)

Three philosophical accounts of risk dominate the contemporary literature. On the probabilistic account, risk has to do with the probability of a disvaluable event obtaining; on the modal account, it has to do with the modal closeness of that event obtaining; on the normic account, it has to do with the normalcy of that event obtaining. The debate between these accounts has proceeded via counterexample-trading, with each account having some cases it explains better than others, and some cases that it (...) cannot explain at all. In this article, we attempt to break the impasse between the three accounts of risk through a shift in methodology. We investigate the concept of risk via the method of conceptual reverse-engineering, whereby a theorist reconstructs the need that a concept serves for a group of agents in order to illuminate the shape of the concept: its intension and extension. We suggest that risk functions to meet our need to make decisions that reduce disvalue under conditions of uncertainty. Our project makes plausible that risk is a pluralist concept: meeting this need requires that risk takes different forms in different contexts. But our pluralism is principled: each of these different forms are part of one and the same concept, that has a ‘core-to-periphery’ structure, where the form the concept takes in typical cases (at its ‘core’) explains the form it takes in less typical cases (at its ‘periphery’). We then apply our findings to epistemic risk, to resolve an ambiguity in how ‘epistemic risk’ is standardly understood. (shrink)

Many philosophers accept that, as well as having a right that others not harm us, we also have a right that others not subject us to a risk of harm. And yet, when we attempt to spell out precisely what this ‘right against risk imposition’ involves, we encounter a series of notorious puzzles. Existing attempts to deal with these puzzles have tended to focus on the nature of rights – but I propose an approach that focusses instead on the nature (...) of risk. The key move is to distinguish two different ways in which to conceptualise the risk that a given action presents – one of which is linked to the notion of probability and the other to the notion of normalcy. (shrink)

Various real and imagined criminal law cases rest on “naked statistical evidence”. That is, they rest more or less entirely on a probability for guilt/liability derived from a single statistical model. The intuition is that there is something missing in these cases, high as the probability for guilt/liability may be, such that the relevant standard for legal proof is not met. Here we contribute to the considerable debate about how this intuition is best explained and what it teaches us about (...) evidential reasoning in the legal setting. We part ways with the recent scholarship, however. Unlike most others, our diagnosis is not that there is an important qualitative property that some evidence or bodies of evidence have, and that naked statistical evidence, most strikingly, lacks. Rather, we see cases resting on naked statistical evidence as lying at the extreme of a continuum of cases that are vulnerable to challenge due to “meta-uncertainty” about the underlying model. (shrink)

Corroborating evidence supports a proposition that is already supported by other initial evidence. It bolsters or confirms the original body of evidence. Corroboration has striking psychological and epistemic force: It potently affects how people do and should assess the target proposition. This essay investigates the distinctive powers of corroborating evidence. Corroboration does not simply increase the quantifiable probability of the adjudicated claim. Drawing on the relevant alternatives framework, I argue that corroboration winnows remaining uneliminated error possibilities. This illuminates the independence, (...) weight, and non-fungibility of corroborating evidence. I compare corroborating evidence to prudential safeguards, like fire doors, that forfend against non-epistemic harms. I thereby sketch a general, non-quantificational model of risk management. Finally, I turn to legal corroboration requirements and the epistemic significance of corroboration for legal proof. (shrink)

In a recent paper in this journal Duncan Pritchard responds to an objection to the modal account of risk pressed by Ebert, Smith and Durbach ( 2020 ). In this paper, I expand upon the objection and argue that it still stands. I go on to consider a more general question raised by this exchange – whether risk is ‘objective’, or whether it is something that varies from one perspective to another.

Recent develops in AI technology have led to increasingly sophisticated forms of video manipulation. One such form has been the advent of deepfakes. Deepfakes are AI-generated videos that typically depict people doing and saying things they never did. In this paper, I demonstrate that there is a close structural relationship between deepfakes and more traditional fake barn cases in epistemology. Specifically, I argue that deepfakes generate an analogous degree of epistemic risk to that which is found in traditional cases. Given (...) that barn cases have posed a long-standing challenge for virtue-theoretic accounts of knowledge, I consider whether a similar challenge extends to deepfakes. In doing so, I consider how Duncan Pritchard’s recent anti-risk virtue epistemology meets the challenge. While Pritchard’s account avoids problems in traditional barn cases, I claim that it leads to local scepticism about knowledge from online videos in the case of deepfakes. I end by considering how two alternative virtue-theoretic approaches might vindicate our epistemic dependence on videos in an increasingly digital world. (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)

In this paper, I provide an account of epistemic anxiety as an emotional response to epistemic risk: the risk of believing in error. The motivation for this account is threefold. First, it makes epistemic anxiety a species of anxiety, thus rendering psychologically respectable a notion that has heretofore been taken seriously only by epistemologists. Second, it illuminates the relationship between anxiety and risk. It is standard in psychology to conceive of anxiety as a response to risk, but psychologists – very (...) reasonably – have little to say about risk itself, as opposed to risk judgement. In this paper, I specify what risk must be like to be the kind of thing to which anxiety can be a response. Third, my account improves on extant accounts of epistemic anxiety in the literature. It is more fleshed out than Jennifer Nagel’s, which is largely agnostic about the nature of epistemic anxiety, focusing instead on what work it does in our epistemic lives. In offering an account of epistemic anxiety as an emotion, my account explains how it is able to do the epistemological work to which Nagel puts it. My account is also more plausible than Juliette Vazard’s, on which epistemic anxiety is an emotional response to potential threat to one’s practical interests. Vazard’s account cannot distinguish epistemic anxiety from anxiety in general, and also fails to capture all instances of what we want to call epistemic anxiety. My account does better on both counts. (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)

Existing discussions of legal proof address a host of apparently disparate questions: What does it take to prove a fact beyond a reasonable doubt? Why is the reasonable doubt standard notoriously elusive, sometimes considered by courts to be impossible to define? Can the standard of proof by a preponderance of the evidence be defined in terms of probability thresholds? Why is statistical evidence often insufficient to meet the burden of proof? -/- This paper defends an account of proof that addresses (...) each of these questions. Where existing theories take a piecemeal approach to these puzzles, my theory develops an insight that unifies them—namely, the thesis that legal proof requires knowledge. Although this thesis may seem radical at first, I answer several common objections to it, and I argue that it does better than several competing accounts when it comes to making sense of our intuitions about what legal proof requires. (shrink)

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

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)

This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.

One type of argument to sceptical paradox proceeds by making a case that a certain kind of metaphysically “heavyweight or “cornerstone” proposition is beyond all possible evidence and hence may not be known or justifiably believed. Crispin Wright has argued that we can concede that our acceptance of these propositions is evidentially risky and still remain rationally entitled to those of our ordinary knowledge claims that are seemingly threatened by that concession. A problem for Wright’s proposal is the so-called Leaching (...) worry: if we are merely rationally entitled to accept the cornerstones without evidence, how can we achieve evidence-based knowledge of the multitude of quotidian propositions that we think we know, which require the cornerstones to be true? This paper presents a rigorous, novel explication of this worry within a Bayesian framework, and offers the Entitlement theorist two distinct responses. (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)

In this paper, I provide an argument for rejecting Sarah Moss's recent account of legal proof. Moss's account is attractive in a number of ways. It provides a new version of a knowledge-based theory of legal proof that elegantly resolves a number of puzzles about mere statistical evidence in the law. Moreover, the account promises to have attractive implications for social and moral philosophy, in particular about the impermissibility of racial profiling and other harmful kinds of statistical generalisation. In this (...) paper, I show that Moss's account of legal proof crucially depends on a moral norm called the rule of consideration. I argue that we have a number of reasons to be sceptical of this rule. Once we reject the rule, it is not clear that Moss's account of legal proof is either plausible or attractive. (shrink)

The epistemology of risk examines how risks bear on epistemic properties. A common framework for examining the epistemology of risk holds that strength of evidential support is best modelled as numerical probability given the available evidence. In this essay I develop and motivate a rival ‘relevant alternatives’ framework for theorising about the epistemology of risk. I describe three loci for thinking about the epistemology of risk. The first locus concerns consequences of relying on a belief for action, where those consequences (...) are significant if the belief is false. The second locus concerns whether beliefs themselves—regardless of action—can be risky, costly, or harmful. The third locus concerns epistemic risks we confront as social epistemic agents. I aim to motivate the relevant alternatives framework as a fruitful approach to the epistemology of risk. I first articulate a ‘relevant alternatives’ model of the relationship between stakes, evidence, and action. I then employ the relevant alternatives framework to undermine the motivation for moral encroachment. Finally, I argue the relevant alternatives framework illuminates epistemic phenomena such as gaslighting, conspiracy theories, and crying wolf, and I draw on the framework to diagnose the undue skepticism endemic to rape accusations. (shrink)

A distinctive approach to the theory of knowledge is described, known as anti-luck epistemology. The goal of the paper is to consider whether there are specific features of this proposal that entails that it is committed to pragmatic encroachment, such that whether one counts as having knowledge significantly depends on non-epistemic factors. In particular, the plausibility of the following idea is explored: that since pragmatic factors play an essential role when it comes to the notion of luck, then according to (...) anti-luck epistemology they must likewise play an essential role in our understanding of knowledge as well. It is argued that once anti-luck epistemology is properly understood—where this means, in turn, having the right account of luck in play—then this putative entailment to pragmatic encroachment does not go through. (shrink)

Personal autonomy is often lauded as a key value in contemporary Western bioethics. Though the claim that there is an important relationship between autonomy and rationality is often treated as uncontroversial in this sphere, there is also considerable disagreement about how we should cash out the relationship. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient's right to refuse medical treatment, regardless of whether the reasons underpinning the choice (...) are known and rational, or indeed whether they even exist. Jonathan Pugh brings recent philosophical work on the nature of rationality to bear on the question of how we should understand personal autonomy in contemporary bioethics. In doing so, he develops a new framework for thinking about the concept of autonomy, one that is grounded in an understanding of the different roles that rational beliefs and rational desires have to play in it. Pugh's account allows for a deeper understanding of d the relationship between our freedom to act and our capacity to decide autonomously. His rationalist perspective is contrasted with other prominent accounts of autonomy in bioethics, and the revisionary implications it has for practical questions in biomedicine are also outlined. (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.

Over almost a half-century, evidence law scholars and philosophers have contended with what have come to be called the “Proof Paradoxes.” In brief, the following sort of paradox arises: Factfinders in criminal and civil trials are charged with reaching a verdict if the evidence presented meets a particular standard of proof—beyond a reasonable doubt, in criminal cases, and preponderance of the evidence, in civil trials. It seems that purely statistical evidence can suffice for just such a level of certainty in (...) a variety of cases where our intuition is that it would nonetheless be wrong to convict the defendant, or find in favor of the plaintiff, on merely statistical evidence. So, we either have to convict with statistical evidence, in spite of an intuition that this is unsettling, or else explain what (dispositive) deficiency statistical evidence has. -/- Most scholars have tried to justify the resistance to relying on merely statistical evidence: by relying on epistemic deficiencies in this kind of evidence; by relying on court practice; and also by reference to the psychological literature. In fact, I argue, the epistemic deficiencies philosophers and legal scholars allege are suspect. And, I argue, while scholars often discuss unfairness to civil defendants, they ignore a long history of relying on statistical evidence in a variety of civil matters, including employment discrimination, toxic torts, and market share liability cases. Were the dominant arguments in the literature to prevail, it would extremely difficult for plaintiffs to recover in a variety of cases. -/- The various considerations I advance lead to the conclusion that when it comes to naked statistical evidence, philosophers and legal scholars who argue for its insufficiency have been caught with their pants down. (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

The notion of risk plays a central role in economics, finance, health, psychology, law and elsewhere, and is prevalent in managing challenges and resources in day-to-day life. In recent work, Duncan Pritchard (2015, 2016) has argued against the orthodox probabilistic conception of risk on which the risk of a hypothetical scenario is determined by how probable it is, and in favour of a modal conception on which the risk of a hypothetical scenario is determined by how modally close it is. (...) In this article, we use Pritchard’s discussion as a springboard for a more wide-ranging discussion of the notion of risk. We introduce three different conceptions of risk: the standard probabilistic conception, Pritchard’s modal conception, and a normalcy conception that is new (though it has some precursors in the psychological literature on risk perception). Ultimately, we argue that the modal conception is ill-suited to the roles that a notion of risk is required to play and explore the prospects for a form of pluralism about risk, embracing both the probabilistic and the normalcy conceptions. (shrink)

To speak of being religious lucky certainly sounds odd. But then, so does “My faith holds value in God’s plan, while yours does not.” This book argues that these two concerns — with the concept of religious luck and with asymmetric or sharply differential ascriptions of religious value — are inextricably connected. It argues that religious luck attributions can profitably be studied from a number of directions, not just theological, but also social scientific and philosophical. There is a strong tendency (...) among adherents of different faith traditions to invoke asymmetric explanations of the religious value or salvific status of the home religion vis-à-vis all others. Attributions of good/bad religious luck and exclusivist dismissal of the significance of religious disagreement are the central phenomena that the book studies. Part I lays out a taxonomy of kinds of religious luck, a taxonomy that draws upon but extends work on moral and epistemic luck. It asks: What is going on when persons, theologies, or purported revelations ascribe various kinds of religiously-relevant traits to insiders and outsiders of a faith tradition in sharply asymmetric fashion? “I am saved but you are lost”; “My religion is holy but yours is idolatrous”; “My faith tradition is true, and valued by God, but yours is false and valueless.” Part II further develops the theory introduced in Part I, pushing forward both the descriptive/explanatory and normative sides of what the author terms his inductive risk account. Firstly, the concept of inductive risk is shown to contribute to the needed field of comparative fundamentalism by suggesting new psychological markers of fundamentalist orientation. The second side of what is termed an inductive risk account is concerned with the epistemology of religious belief, but more especially with an account of the limits of reasonable religious disagreement. Problems of inductively risky modes of belief-formation problematize claims to religion-specific knowledge. But the inductive risk account does not aim to set religion apart, or to challenge the reasonableness of religious belief tout court. Rather the burden of the argument is to challenge the reasonableness of attitudes of religious exclusivism, and to demotivate the “polemical apologetics” that exclusivists practice and hope to normalize. Lexington Books Pages: 290 978-1-4985-5017-8 • Hardback • December 2018 • $95.00 • (£65.00) 978-1-4985-5018-5 • eBook • December 2018 • $90.00 • (£60.00) ISBN 978-1-4985-5018-5 (pbk: alk. paper) (coming 2020) [Download the 30% personal use Discount Order Form I uploaded for hardcover or e-book, and please ask your library to purchase a copy for their collection.]. (shrink)

Crispin Wright maintains that the architecture of perceptual justification is such that we can acquire justification for our perceptual beliefs only if we have antecedent justification for ruling out any sceptical alternative. Wright contends that this principle doesn’t elicit scepticism, for we are non-evidentially entitled to accept the negation of any sceptical alternative. Sebastiano Moruzzi has challenged Wright’s contention by arguing that since our non-evidential entitlements don’t remove the epistemic risk of our perceptual beliefs, they don’t actually enable us to (...) acquire justification for these beliefs. In this paper I show that Wright’s responses to Moruzzi are ineffective and that Moruzzi’s argument is validated by probabilistic reasoning. I also suggest that Wright cannot answer Moruzzi’s challenge without weakening the support available for his conception of the architecture of perceptual justification. (shrink)

The aim of this paper is to explore the hypothesis that luck is a risk-involving phenomenon. I start by explaining why this hypothesis is prima facie plausible in view of the parallelisms between luck and risk. I then distinguish three ways to spell it out: in probabilistic terms, in modal terms, and in terms of lack of control. Before evaluating the resulting accounts, I explain how the idea that luck involves risk is compatible with the fact that risk concerns unwanted (...) events whereas luck can concern both wanted and unwanted events. I turn to evaluating the modal and probabilistic views and argue, firstly, that they fail to account for the connection between risk and bad luck; secondly, that they also fail to account for the connection between risk and good luck. Finally, I defend the lack of control view. In particular, I argue that it can handle the objections to the probabilistic and modal accounts and that it can explain how degrees of luck and risk covary. (shrink)

Contemporary debates about epistemic luck and its relation to knowledge have traditionally proceeded against a tacit background commitment to cognitive internalism, the thesis that cognitive processes play out inside the head. In particular, safety-based approaches (e.g., Pritchard 2005; 2007; Luper-Foy 1984; Sainsbury 1997; Sosa 1999; Williamson 2000) reveal this commitment by taking for granted a traditional internalist construal of what I call the cognitive fixedness thesis—viz., the thesis that the cognitive process that is being employed in the actual world is (...) always ‘held fixed’ when we go out to nearby possible worlds to assess whether the target belief is lucky in a way that is incompatible with knowledge. However, for those inclined to replace cognitive internalism with the extended mind thesis (e.g., Clark and Chalmers 1998), a very different, ‘active externalist’ version of the cognitive fixedness thesis becomes the relevant one for the purposes of assessing a belief’s safety. The aim here will be to develop this point in a way that draws out some of the important ramifications it has for how we think about safety, luck and knowledge. (shrink)

A certain construal of the Gettier problem is offered, according to which this problem concerns the task of identifying the anti-luck condition on knowledge. A methodology for approaching this construal of the Gettier problem—anti-luck epistemology—is set out, and the utility of such a methodology is demonstrated. It is argued that a range of superficially distinct cases which are meant to pose problems for anti-luck epistemology are in fact related in significant ways. It is claimed that with these cases properly understood, (...) anti-luck epistemology is able to offer a suitable diagnosis of them which doesn’t threaten the necessity of the anti-luck condition for knowledge. (shrink)

This essay offers a rearticulation and defence of the modal account of luck that the author developed in earlier work . In particular, the proposal is situated within a certain methodology, a component of which is paying due attention to the cognitive science literature on luck ascriptions. It is shown that with the modal account of luck properly articulated it can adequately deal with some of the problems that have recently been offered against it, and that the view has a (...) number of attractions over competing proposals, such as the lack of control account. (shrink)

According to the modal account of luck it is a matter of luck that p if p is true at the actual world, but false in a wide‐range of nearby worlds. According to the modal account of risk, it is risky that p if p is true at some close world. I argue that the modal accounts of luck and risk do not mesh well together. The views entail that p can be both maximally risky and maximally lucky, but there (...) is nothing which is both maximally lucky and maximally risky. I offer a novel theory of risk that fits together with the modal account of luck and demonstrate that it is both extensionally and formally superior to extant proposals. (shrink)

In this paper, I develop a serious new dilemma involving necessary truths for safety-based theories of knowledge, a dilemma that I argue safety theorists cannot resolve or avoid by relativizing safety to either the subject’s basis or method of belief formation in close worlds or to a set of related or sufficiently similar propositions. I develop this dilemma primarily in conversation with Duncan Pritchard’s well-known, oft-modeled safety-based theories of knowledge. I show that Pritchard’s well-regarded anti-luck virtue theory of knowledge and (...) his recently proposed (allegedly superior) anti-risk virtue theory of knowledge clearly succumb to the dilemma, and so they are inadequate as they stand. If Pritchard’s safety-based theories of knowledge are shown to be inadequate by the dilemma that is developed in this paper, then a number of other safety-based theories of knowledge (e.g., Beddor and Pavese’s, Luper’s, Dutant’s, early Pritchard’s, and others) look to be in jeopardy in this connection as well. (shrink)

This volume bridges contemporary philosophical conceptions of risk and responsibility and offers an extensive examination of the topic. It shows that risk and responsibility combine in ways that give rise to new philosophical questions and problems. Philosophical interest in the relationship between risk and responsibility continues to rise, due in no small part due to environmental crises, emerging technologies, legal developments, and new medical advances. Despite such interest, scholars are just now working out how to conceive of the links between (...) risk and responsibility, the implications that risks may have to conceptions of responsibility (and vice versa), as well as how such theorizing might play out in applied cases. With contributions from leading scholars, this volume brings together new work examining the interplay between risk and responsibility, exploring its varied philosophical aspects and applications to contemporary issues in law, bioethics, technology, and environmental ethics. Risk and Responsibility in Context will be of interest to philosophers working in ethics, bioethics, philosophy of law, and philosophy of technology, as well as scholars and practitioners in law, health and science management, public policy, and environmental studies. (shrink)

A de minimis risk is defined as a risk that is so small that it may be legitimately ignored when making a decision. While ignoring small risks is common in our day-to-day decision making, attempts to introduce the notion of a de minimis risk into the framework of decision theory have run up against a series of well-known difficulties. In this paper, I will develop an enriched decision theoretic framework that is capable of overcoming two major obstacles to the modelling (...) of de minimis risk. The key move is to introduce, into decision theory, a non-probabilistic conception of risk known as normic risk. (shrink)

This paper offers an articulation and defence of the modal account of legal risk in light of a range of objections that have been proposed against this view in the recent literature. It is argued that these objections all trade on a failure to distinguish between the modal nature of risk more generally, and the application of this modal account to particular decision-making contexts, such as legal contexts, where one must rely on a restricted body of information. It is argued (...) that once the modal account of legal risk is properly understood as involving information-relative judgements about the modal closeness of the target risk event, the objections to the view are neutralized. (shrink)