This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal decision-making.

The article presents, develops, and defends a non-reductionist model of the generation of knowledge from multiple testimonies. It distinguishes the generation of knowledge from multiple testimonies from the transmission of knowledge by a single testimony. The reiteration of the generation of knowledge from multiple testimonies generates social knowledge.Critical examination of the literature about the coherence of multiple testimonies, their reliability, and independence argues in particular against conditional and causal interpretations and attempts to overcome the limitations of exclusively conceptual and formal (...) epistemologies. Instead, the article introduces an analysis of the generation of knowledge from multiple testimonies in terms of tracing information flows. The article presents a new three-stage modular model of knowledge generation from multiple testimonies that fits the actual veritistic best practices of institutionally embedded professionals like intelligence analysts, detectives, investigat.. (shrink)

Durante los últimos años, el problema de cómo justificar aquellas creencias que se originan en testimonios ha ocupado un lugar central en la epistemología. Sin embargo, muy pocas de esas reflexiones son conocidas en el derecho probatorio. En el presente ensayo analizo la prueba testimonial a la luz de estas reflexiones con el fin de poner de manifiesto los supuestos epistemológicos de algunos principios procesales. En concreto, analizo la legislación colombiana y la estadounidense en el marco de la disputa entre (...) el reduccionismo y el antirreduccionismo en la filosofía del testimonio. Al final sugiero una nueva aproximación epistemológica que replantea los términos de la disputa y que tiene implicaciones importantes para la valoración de la prueba testimonial en los procesos judiciales. (shrink)

It is commonly argued that values “fill the logical gap” of underdetermination of theory by evidence, namely, values affect our choice between two or more theories that fit the same evidence. The underdetermination model, however, does not exhaust the roles values play in evidential reasoning. I introduce WAVE – a novel account of the logical relations between values and evidence. WAVE states that values influence evidential reasoning by adjusting evidential weights. I argue that the weight-adjusting role of values is distinct (...) from their underdetermination gap-filling role. Values adjust weights in three ways. First, values affect our trust in the testimony of others. Second, values influence the evidential thresholds required for justified epistemic judgments. Third, values influence the relative weight of a certain type of evidence within a body of multimodal discordant evidence. WAVE explains, from an epistemic perspective, rather than psychological, how smokers, for example, can find the same evidence about the dangers of smoking less persuasive than non-smokers. WAVE allows for a wider effect of values on our accepted scientific theories and beliefs than the effect for which the underdetermination model allows alone; therefore, science studies scholars must consider WAVE in their research and analysis of evidential case studies. (shrink)

What entitles you to rely on information received from others? What entitles you to rely on information retrieved from your own memory? Intuitively, you are entitled simply to trust yourself, while you should monitor others for signs of untrustworthiness. This article makes a case for inverting the intuitive view, arguing that metacognitive monitoring of oneself is fundamental to the reliability of memory, while monitoring of others does not play a significant role in ensuring the reliability of testimony.

This paper addresses the problems of justifying and explaining beliefs about facts in the context of civil trials. The first section contains some remarks about the nature of adjudicative fact-finding and highlights the communicative features of deciding about facts in judicial context. In Sect. 2, some difficulties and the incompleteness presented by Bayesian and coherentist frameworks, which are taken as methods suitable to solve the above-mentioned problems, are pointed out. In the third section, the purely epistemic approach to the justification (...) and the explanation of beliefs about facts is abandoned and focus is given to the dialectical nature of civil procedure, where the parties and, particularly, the judge have to make their reasoning clear enough to allow a fruitful and efficient debate about facts. For this purpose, a communication/argumentation system is put forward, consisting of fourteen intertwined rules of discourse. The system embodies the fundamental epistemic principle according to which belief is updated given new evidence, is tailored for abductive inferences and is structured on fundamental concepts of civil procedural law. The fourth section presents an empirical application of the system to a real case. (shrink)

Eyewitness testimony is both an important and a notoriously unreliable type of criminal evidence. How should investigators, lawyers and decision-makers evaluate eyewitness reliability? In this article, I argue that Testimonial Inference to the Best Explanation is a promising, but underdeveloped prescriptive account of eyewitness evaluation. On this account, we assess the reliability of eyewitnesses by comparing different explanations of how their testimony came about. This account is compatible with, and complementary to both the Bayesian framework of rational eyewitness evaluation and (...) with prescriptive methods for eyewitness assessment developed by psychologists. Compared to these frameworks, the distinctive value of thinking in terms of competing explanations is that it helps us select, interpret and draw conclusions from the available evidence about the witness’s reliability. (shrink)

This article addresses important epistemological issues raised by Barry Hallen and J. Olubi Sodipo’s pioneering philosophical fieldwork among Yoruba herbalists or masters of medicine (onisegun). More precisely, I shall primarily investigate, as well as object to, the unduly restrictive view they take on testimony in Yoruba epistemic practice. With this criticism as the starting point, but still based on the cases Hallen and Sodipo provide, I explore different ways in which an “oral culture” like Yoruba (as traditionally depicted) can rely (...) on testimony as a source of justification without succumbing to the gullible and uncritical attitude towards tradition such societies have been charged with. To this purpose, I put to use relevant developments in analytic epistemology taking place after Hallen and Sodipo published their work. (shrink)

This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...) an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. (shrink)

The nature of linguistic understanding is a much-debated topic. Among the issues that have been discussed, two questions have recently received a lot of attention: (Q1) ‘Are states of understanding direct (i.e. represent solely what is said) or indirect (i.e. represent what is said as being said/asserted)?’ and (Q2) ‘What kind of mental attitude is linguistic understanding (e.g. knowledge, belief, seeming)?’ This paper argues that, contrary to what is commonly assumed, there is no straightforward answer to either of these questions. (...) This is because linguistic understanding cannot be identified with a single mental attitude towards a particular representation. Instead, we should characterize states of linguistic understanding as involving complex representational structures generated by a dual-stream process. The first stream operates on direct representations of what is said, while the second operates on representations of what is said as being said/asserted by a given source. Both these streams feed a situation model, i.e. a complex representation of a state of affairs described by a given piece of discourse. (shrink)

In his work on the epistemology of testimony, Peter Lipton developed an account of testimonial inference that aimed at descriptive adequacy as well as justificatory sophistication. According to ‘testimonial inference to the best explanation’, we accept what a speaker tells us because the truth of her claim figures in the best explanation of the fact that she made it. In this paper, I argue for a modification of this picture. In particular, I argue that IBE plays a dual role in (...) the management and justification of testimony. On the one hand, the coherence and success of our testimony-based projects provides general abductive support for a default stance of testimonial acceptance; on the other hand, we are justified in rejecting specific testimonial claims whenever the best explanation of the instances of testimony we encounter entails, or makes probable, the falsity or unreliability of the testimony in question.Keywords: Testimony; Inference to the best explanation; Abduction; Epistemic justification. (shrink)

Currently, testimony is studied extensively in Anglo-American philosophy. However, most of this work is done from a justificationist perspective in which philosophers try to justify our reliance on testimony in some way. I agree with Popper that justificationism is radically mistaken. Thus, I construct an account of how we respond to testimony that in no way attempts to justify our reliance on it. This account is not a straightforward exegesis of Popper, as he never tackled testimony systematically. It makes use, (...) however, of several of Popper's key insights and incorporates them into a viable theory of testimony. Key Words: testimony • anti-justificationism • social epistemology • situational analysis • defeasibility. (shrink)

Como una respuesta a la problemática mencionada, Axel Gelfert, profesor e investigador asociado en el Departamento de Filosofı́a de la Universidad de Singapur, publicó en 2014 su A critical introduction to testimony, el cual ha logrado posicionarse como una lectura obligatoria para aquellos interesados en la epistemologı́a del testimonio. En su libro se dedica a recorrer de manera propedéutica cada uno de los tópicos actuales de la epistemologı́a del testimonio, ello sin dejar de lado la profundidad y exhaustividad requerida para (...) una exposición apropiada de la complejidad epistemológica del testimonio como objeto de estudio. (shrink)

��This article reviews a theory of explanatory coherence that provides a psychologically plausible account of how people evaluate competing explanations. The theory is implemented in a computational model that uses simple artificial neural networks to simulate many important cases of scientific and legal reasoning. Current research directions include extensions to emotional thinking and implementation in more biologically realistic neural networks.

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)

Barnes, A. and P. Thagard Empathy and analogy. Dialogue: Canadian Philosophical Review, 36: 705-720. HTML Croft, D., & Thagard, P.. Dynamic imagery: A computational model of motion and visual analogy. In L. Magnani and N. Nersessian, Model-based reasoning: Science, technology, values. New York: Kluwer/Plenum, 259-274. PDF only. HTML description of program and code for DIVA.

This paper discusses the fast emerging challenges for Malay and Muslim sexual minority storytellers in the face of an aggressive state-sponsored Islamisation of a constitutionally secular Malaysia. I examine the case of Azwan Ismail, a gay Malay and Muslim Malaysian who took part in the local ‘It Gets Better’ Project, initiated in December 2010 by Seksualiti Merdeka and who suffered an onslaught of hostile comments from fellow Malay Muslims. In this paper, I ask how a message aimed at discouraging suicidal (...) tendencies among sexual minority teenagers can go so wrong. In discussing the contradictions between Azwan’s constructions of self and the expectations others have of him, I highlight the challenges for Azwan’s existential self. For storytellers who are vulnerable if visible, the inevitable sharing of a personal story with unintended and hostile audiences when placed online, can have significant repercussions. The purist Sunni Islam agenda in Malaysia not only rejects the human rights of the sexual minority in Malaysia but has influenced and is often a leading hostile voice in both regional and international blocs. This self-righteous and supremacist political Islam fosters a more disabling environment for vulnerable, minority communities and their human rights. It creates a harsher reality for the sexual minority that manifests in State-endorsed discrimination, compulsory counselling, forced rehabilitation and their criminalisation. It places the right of the sexual minority to live within such a community in doubt. I draw on existing literature on how personal stories have historically been used to advance human rights. Included too, is the signifance and implications of the work by social psychologists in explaining this loss of credibility of personal stories. I then advance an analytical framework that will allow storytelling as a very individual form of witnessing to reclaim and regain its ‘truth to power’. (shrink)

Theoreticians of deliberative democracy have sometimes found it hard to relate to the seemingly contradictory experimental results produced by psychologists and political scientists. We suggest that this problem may be alleviated by inserting a layer of psychological theory between the empirical results and the normative political theory. In particular, we expose the argumentative theory of reasoning that makes the observed pattern of findings more coherent. According to this theory, individual reasoning mechanisms work best when used to produce and evaluate arguments (...) during a public deliberation. It predicts that when diverse opinions are discussed, group reasoning will outperform individual reasoning. It also predicts that individuals have a strong confirmation bias. When people reason either alone or with like-minded peers, this confirmation bias leads them to reinforce their initial attitudes, explaining individual and group polarization. We suggest that the failures of reasoning are most likely to be remedied at the collective than at the individual level. (shrink)