Almost twenty years ago, a genuinely new school of thought emerged in the field of jurisprudential methodology. It is a pragmatist school. Roughly, the pragmatists contend that, when inquiring about the nature of law, we should evaluate potential answers based on practical criteria. For many legal philosophers, this contention seems both unclear and unhinged. That appearance is lamentable. The pragmatist approach to jurisprudential methodology has received insufficient attention for at least two reasons. First, the pragmatists do not conceive of themselves (...) as comprising a school; in fact, these proponents have different names for their common position, which makes it hard to see the commonalities. Second, the most famous statement of the pragmatist view has received withering criticism, criticism that has not been sufficiently answered, a fact that may lead opponents of pragmatism, as well as potential supporters, to doubt that a viable view of this kind can be held. This Essay aims to serve as a corrective. (shrink)

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

In this paper the problem of the relation between belief and acceptance is discussed in view of recent literature on the topic. Belief and acceptance are characterized in terms of a number of properties, which show both the similarities and the dissimilarities between these notions. In particular it is claimed - contrary to some recently expressed views - that acceptance need not be intentional action and that the differences between belief and acceptance do not boil down to the simple view (...) that acceptance, contrary to belief, is based on the agent's direct exercise of his will. Acceptance which is not based on intentional action is shown in the paper to be especially closely related to belief, especially to linguistic belief. Thus if a person is in a non-intentional-ly acquired and held state of acceptance that something p, he also believes that p. Another general difference is that acceptance is language-dependent while there can be non-linguistic belief. Collective beliefs and acceptances are also briefly discussed in the paper Among other things, it is noted that the notion of wide as contrasted with truth-oriented, narrow acceptance is central in the collective case. (shrink)

Most work in Kant’s epistemology focuses on what happens “upstream” from experience, prior to the formation of conscious propositional attitudes. By contrast, this essay focuses on what happens "downstream": the formation of assent (Fuerwahrhalten) in its various modes. The mode of assent that Kant calls "Belief" (Glaube) is the main topic: not only moral Belief but also "pragmatic" and "doctrinal" Belief as well. I argue that Kant’s discussion shows that we should reject standard accounts of the extent to which theoretical (...) reason can provide justified assent about things-in-themselves, in favor of one that is much more liberal. Interpretive benefits are not the only results of the discussion, however. I also hope it will become clear along the way that there is such a thing as Kantian Belief, and that we often have quite a lot of it. -/- . (shrink)

Philosophers have given much attention to belief and knowledge. Here I introduce an epistemic category close to but different from belief, that I call ‘ersatz’belief. Recognition of this category refines our catalogue of epistemic attitudes in an important way.

In a recent paper, Jie Gao (Synthese 194:1901–17, 2017) has argued that there are acceptance-based counterexamples to the knowledge norm for practical reasoning (KPR). KPR tells us that we may only rely on known propositions in practical reasoning, yet there are cases of practical reasoning in which we seem to permissibly rely on merely accepted propositions, which fail to constitute knowledge. In this paper, I will argue that such cases pose no threat to a more broadly conceived knowledge-based view of (...) practical reasoning. I will first motivate the view that rational acceptance depends on a knowledge-based condition being met. I will then show how KPR can be amended—yielding what I call KPR+—to include this condition. I will argue that KPR+ not only avoids Gao’s counterexample, but harbours additional explanatory power by providing an account of the normative role of acceptance in practical reasoning. Finally, I will defend KPR+ against objections by employing theoretical tools that are readily available to those sympathetic to knowledge-based views. (shrink)

This paper challenges the first Gettier counterexample to the tripartite account of knowledge. Noting that 'the man who will get the job' is a description and invoking Donnellan's distinction between their 'referential' and 'attributive' uses, I argue that Smith does not actually believe that the man who will get the job has ten coins in his pocket. Smith's ignorance about who will get the job shows that the belief cannot be understood referentially, his ignorance of the coins in his pocket (...) shows that it cannot be understood attributively. An explanation for why Smith appeared to have justified true belief is given by distinguishing between 'belief' and 'belief in truth'. Smith believes the sentence 'the man who will get the job has ten coins in his pocket' to be true (he mistakenly believes that Jones will get the job, of whom he knows that he has ten coins in his pocket) (hence his 'belief'), the sentence is true (hence 'truth'), and he has sufficient reason to assent to it (hence his 'justification'). But he does not believe the proposition expressed. Hence he does not know it either. (shrink)

In procedural-law scholarship as well as in the theoretical analysis of the notion of proof as a result of the joint assessment of all items of evidence introduced in a trial, reference is frequently made to notions such as the conviction, belief, or certainty of a judge or a jury member about what happened. All these notions underscore the mental states involved in the process of determining the facts on the part of a judge or a jury. In this analysis, (...) I look at the links between beliefs and the justification in the findings of fact provided by the judge or jury in her or its verdict. (shrink)

Philosophy invariably starts with the attempt to spell out ideas and beliefs that we already hold, whether on topics like time or causality, colour or value, consciousness or free will, democracy or justice or freedom. It may go well beyond such pre-philosophical assumptions in its further developments, regimenting them in unexpected ways, revising them on novel lines, even discarding them entirely in favour of other views. But philosophy always begins with the articulation of ordinary ideas and beliefs. This is where (...) its ladder starts. As the name suggests, articulation requires that the ideas and beliefs articulated were already there waiting to be spelled out, and that identifying them is a matter of analysing.. (shrink)

Belief is not a unified phenomenon. In this paper I argue, as a number of other riters argue, that one should distinguish a variety of belief-like attitudes: believing proper - a dispositional state which can have degrees - holding true - which can occur without understanding what one believes - and accepting - a practical and contextual attitude that has a role in deliberation and in practical reasoning. Acceptance itself is not a unified attitude. I explore the various relationships and (...) differences between these doxastic attitudes, and claim that although acceptance is distinct from belief, it rests upon it, and is therefore a species of belief. (shrink)

Traditionally, a presumption is a dialogically privileged, yet defeasible proposition that allocates the burden of proof to a party who challenges it. This paper investigates the strength of presumptions. First, it explains how ‘strength’ contributes to defining the concept of presumption. Second, it provides an overview of (contextual, justificatory, and deontic) factors determining a presumption’s strength. Finally, it analyses the predominant view that defines strength in terms of the Challenger’s burden of proof: the stronger (weaker) the presumptionp, the more (less) (...) difficult it is to prove non-p. I argue that the latter proposal applies only to practical presumptions, and that strength is conceived differently for cognitive presumptions. (shrink)

In this paper, I argue that the objections to both doxastic volitionism and doxastic voluntarism fail. Objections to doxastic volitionism and doxastic voluntarism assume a generic notion of belief, a notion which covers both beliefs about things which we know or think we know or are evident to us, as well as beliefs which have some degree of credence but are not clearly evident to the subject. The generic notion of belief includes both sorts of beliefs, but the position against (...) doxastic volitionism is supported only by appeal to beliefs about things which are evident or that we think we know. However, by showing that beliefs which we think we know to be true are not voluntary, the objections leaves open the question whether belief as such is voluntary. Contrary to the opponents of doxastic volitionism, I will show that if what we are after is a generic notion of belief, it ought to be construed as holding true; and if this is what constitutes belief as such, the arguments against doxastic volitionism for faith beliefs fail. The strongest argument against doxastic voluntarism is an evidentialist argument concerning the ethics of belief. That argument is basically that even if choosing belief is psychologically possible, evidentialism rules it out as epistemically irresponsible. In the last section of this article, I will argue that if religious belief is constituted by true propositions of the faith, the evidentialist objection to doxastic voluntarism fails. (shrink)