Much recent work in epistemology has concerned the relationship between the epistemic and the practical, with a particular focus on the question of how, if at all, practical considerations affect what we ought to believe. Two main positive accounts have been proposed: reasons pragmatism and pragmatic encroachment. According to reasons pragmatism, practical (including moral) considerations can affect what we ought to believe by constituting distinctively practical (i.e., non‐epistemic) reasons for or against belief. According to pragmatic encroachment, practical considerations bear on (...) what we ought to believe by affecting epistemic justification (e.g. how much justification is required to justifiably believe). Both debates center around intuitive judgments about cases together with various principles involving reasons (or justification) and belief, with many contributors in the pragmatism and—to a lesser extent—encroachment debates helping themselves to talk of belief without saying much about what exactly they have in mind. There has also been a tendency to overlook potentially relevant distinctions among different kinds of reasons that have been drawn elsewhere. The goal of this paper is to argue that greater clarity and care concerning both reasons and belief is called for. Increased sensitivity to various subtleties will not only minimize the chances of unwittingly engaging in merely verbal disputes but also allow us to better navigate the pragmatism and encroachment debates. (shrink)

Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof (...) and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes (e.g. guilty or not guilty) or rather use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system. (shrink)

Epistemic Courage is a timely and thought-provoking exploration of the ethics of belief, which shows why epistemology is no mere academic abstraction - the question of what to believe couldn't be more urgent. Jonathan Ichikawa argues that a skeptical, negative bias about belief is connected to a conservative bias that reinforces the status quo.

Some philosophers think that knowledge or justification is both necessary and sufficient for rational action: they endorse knowledge-action or justification-action biconditionals. This paper offers a novel, metaphysical challenge to these biconditionals, which proceeds with a familiar question: What depends on what? If you know that p iff it is rational for you to act on p, do you know that p partly because it is rational for you to act on p, or is it rational for you to act on (...) p partly because you know that p? And a structurally similar question can be asked regarding justification-action biconditionals. I argue that proponents of these biconditionals cannot give a satisfactory answer to these questions. This is because each direction of these biconditionals strongly supports an opposite order of explanation to the one that is supported by the other direction. Given the traditional assumption that metaphysical explanations—even partial ones—are asymmetric, I argue that these biconditionals should be rejected. While knowledge might be necessary for rational action, and it might be sufficient, it cannot be both. And the same goes for justification. (shrink)

This paper offers an alternate explanation of cases from the doxastic wronging literature. These cases violate what I call the degree of inquiry right—a novel account of zetetic obligations to inquire when interests are at stake. The degree of inquiry right is a moral right against other epistemic agents to inquire to a certain threshold when a belief undermines one’s interests. Thus, the agents are sometimes obligated to leave inquiry open. I argue that we have relevant interests in reputation, relationships, (...) and the well-being of our social groups. These interests generate obligations against others to “do their homework” before closing inquiry. This alternate account makes better sense of puzzles that accounts of doxastic wronging fall prey to. (shrink)

This paper discusses a novel problem at the intersection of ethics and epistemology: there can be cases in which moral considerations seem to "encroach'' upon belief from multiple directions at once, and possibly to varying degrees, thereby leaving their overall effect on belief unclear. We introduce these cases -- cases of moral encroachment under moral uncertainty -- and show that they pose a problem for all predominant accounts of moral encroachment. We then address the problem, by developing a modular Bayesian (...) framework that, we argue, is sufficiently flexible and scaleable to accommodate the multifaceted uncertainty we describe while still generating clear recommendations for an agent's beliefs. Our framework has several practical upshots, and we close by articulating them: we derive insights about the relationship between moral character and doxastic behavior and make suggestions for how to encourage people to revise their doxastic states in morally laudable ways, without deviating from core Bayesian norms. (shrink)

This chapter is a survey of the ethics of belief. It begins with the debate as it first emerges in the foundational dispute between W. K. Clifford and William James. Then it surveys how the disagreements between Clifford and James have shaped the work of contemporary theorists, touching on topics such as pragmatism, whether we should believe against the evidence, pragmatic and moral encroachment, doxastic partiality, and doxastic wronging.

In this paper, I explicate pragmatic encroachment by appealing to pragmatic considerations attenuating, or weakening, epistemic reasons to believe. I call this the ‘Attenuators View’. I will show that this proposal is better than spelling out pragmatic encroachment in terms of reasons against believing – what I call the ‘Reasons View’. While both views do equally well when it comes to providing a plausible mechanism of how pragmatic encroachment works, the Attenuators View does a better job distinguishing practical and epistemic (...) reasons to believe. First, this view does not appeal to the costs of believing falsely as reasons against believing; second, because of this, it does not run the risk of tearing down the wall between practical and epistemic reasons bearing on belief. I underpin the Attenuators View with a virtue-theoretic account of how pragmatic encroachment attenuates epistemic reasons and close my discussion by considering some objections against such a view. (shrink)

This paper offers a theory of how epistemic and practical reasons for belief can be combined into all‐things‐considered reason. Unlike alternative theories, it does not involve any sharp cut‐offs or lexical priorities among types of reason. The theory allows that the relative strengths of the practical and epistemic reasons matter, as does the distance between the epistemically rational credence and the practically rational credence. Although there are important differences between the structure of epistemic and practical reason, they can still be (...) combined in a satisfactory way. The central idea is that epistemic reason determines an epistemically rational doxastic state, and practical reason can push it around. (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)

Many have found it plausible that practical circumstances can affect whether someone is in a position to know or rationally believe a proposition. For example, whether it is rational for a person to believe that the bank will be open tomorrow can depend not only on the person's evidence but also on how practically important it is for the person not to be wrong about the bank being open tomorrow. This supposed phenomenon is known as “pragmatic encroachment” on knowledge and (...) rational belief. Assuming that the phenomenon is real, I ask what explains it. I argue that a variant of instrumentalism about epistemic reasons offers a natural explanation, that at the same time is able avoid commitment to a more radical form of pragmatism. (shrink)

Many theories of rational action are predicated on the idea that what it is rational to do in a given situation depends, in part, on what it is rational to believe in that situation. In short: they treat epistemic rationality as explanatorily prior to practical rationality. If they are right in doing so, it follows, on pain of explanatory circularity, that epistemic rationality cannot itself be a form of practical rationality. Yet, many epistemologists have defended just such a view of (...) epistemic rationality. According to them, there is no such thing as a distinctively epistemic form of rationality which could be explanatorily prior to practical rationality. Rather, they maintain, there is just one form of rationality—practical rationality—of which epistemic rationality is a species. What to make of this conflict? The aim of this paper is to motivate a view about the relationship between epistemic and practical rationality which resolves the conflict in a way that should be attractive to both sides. The central idea is to ground both epistemic and practical rationality in an independently motivated notion of evidential probability which is itself to be understood in non-normative terms. Doing so, I argue, allows us to unify epistemic and practical rationality in a way that does justice to the idea that what it is rational to do depends, in part, on what it is rational to believe; and to do so in a way that avoids explanatory circularity. (shrink)

According to the pragmatic hypothesis testing theory, how much evidence we require before we believe something varies depending on the expected costs of falsely believing and disbelieving it. This theory has been used in the self-deception debate to explain our tendencies towards self-deceptive belief formation. This article argues that the application of this theory in the self-deception debate has overlooked the distinction between belief and acceptance, and that the theory in all likelihood models acceptance rather than belief, in which case (...) it is probably not relevant to the explanation of self-deception. It is suggested, however, that doxastic error costs might be relevant to explaining some types of self-deception, though they feature in an evolutionary explanation of it rather than a psychological one. (shrink)

It is often argued that there are no practical reasons for belief because we could not believe for such reasons. A recent reply by pragmatists is that we can often believe for practical reasons because we can often cause our beliefs for practical reasons. This paper reveals the limits of this recently popular strategy for defending pragmatism, and thereby reshapes the dialectical options for pragmatism. I argue that the strategy presupposes that reasons for being in non-intentional states are not reducible (...) to reasons to act. Pragmatists who want to preserve a motivational constraint on reasons therefore have exactly two options: either arguing that there are irreducible reasons for being in non-intentional states ; or arguing that we can believe directly for practical reasons. I argue that the prospects for the former option are dim because irreducible reasons to be in states are hard to square with the motivational constraint on reasons. Returning to the more traditional route of arguing for pragmatism by defending a version of doxastic voluntarism therefore seems to be the more promising way for pragmatists to go. (shrink)

Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 728-746, May 2022.

Many writers have recently urged that the epistemic rationality of beliefs can depend on broadly pragmatic (as opposed to truth-directed) factors. Taken to an extreme, this line of thought leads to a view on which there is no such thing as a distinctive epistemic form of rationality. A series of papers by Susanna Rinard develops the view that something like our traditional notion of pragmatic rationality is all that is needed to account for the rationality of beliefs. This approach has (...) undeniable attractions. But examining different versions of the approach uncovers problems. The problems help reveal why epistemic rationality is an indispensable part of understanding rationality—not only of beliefs, but of actions. We may or may not end up wanting to make a place, in our theories of epistemic rationality, for factors such as the practical or moral consequences of having beliefs. But a purely pragmatic notion of rationality—one that’s stripped of any component of distinctively epistemic evaluation—cannot do all the work that we need done. (shrink)

This paper uses some modest claims about knowledge to identify a significant problem for contemporary American trial procedure. First, suppose that legal proof requires knowledge. In particular, suppose that the defendant in a jury trial is proven guilty only if the jury knows that the defendant is guilty. Second, suppose that knowledge is subject to pragmatic encroachment. In particular, whether the jury knows the defendant is guilty depends on what’s at stake in their decision to convict, including the consequences that (...) the defendant may face if convicted. Then in order to know whether a defendant has been proven guilty, jurors may need to know something about the potential consequences of conviction. But in nearly every American criminal trial, this information is withheld from jurors. -/- In §1, I lay out the philosophical premises of my argument. In §2, I say more about why these premises present a problem for American trial procedure, and I identify social and political structures that exacerbate the problem. I describe the reasoning that has led courts to withhold sentencing information from jurors, and I diagnose the flaw in this reasoning. In §3, I expand my initial argument, strengthening its conclusions and offering alternative sets of premises that still entail them. I argue that the legal ramifications of pragmatic encroachment depend on highly controversial questions in epistemology, questions about the precise nature of practical stakes. In §4, I propose strategies for legal reform. (shrink)

Analytic Philosophy, Volume 63, Issue 1, Page 16-27, March 2022.

A recent flurry of philosophical research on microaggression suggests that there are various practical and moral reasons why microaggression may be objectionable, including that it can be offensive, cause epistemic harms, express demeaning messages about certain members of our society, and help to reproduce an oppressive social order. Yet little attention has been given to the question of whether microaggression is also epistemically objectionable. This paper aims to further our understanding of microaggression by appealing to recent work on moral encroachment—the (...) idea that knowledge is sensitive to the moral stakes of believing—to argue that microaggression can be irrational in a distinctively epistemic sense, as it can involve relying on an epistemically unwarranted belief. This view suggests that the notion of epistemic justification may come apart from the notion of epistemic blame. (shrink)

I defend the thesis that friendship can constitutively require epistemic irrationality against a recent, forceful challenge, raised by proponents of moral and pragmatic encroachment. Defenders of the “encroachment strategy” argue that exemplary friends who are especially slow to believe that their friends have acted wrongly are simply sensitive to the high prudential or moral costs of falsely believing in their friends’ guilt. Drawing on psychological work on epistemic motivation (and in particular on the notion of “need for closure”), I propose (...) a different picture of what friendship requires in the doxastic realm. I argue that contrary to what the encroachment strategy suggests, exemplary friends’ belief formation ought not be guided by a concern with accuracy or error avoidance, but instead by a need to avoid a “specific closure” – namely, a need to avoid concluding in their friends’ guilt. I propose that exemplary friendship often generates a defeasible, doxastic obligation to exemplify such a need, despite its inherent corrupting effects on exemplary friends’ epistemic faculties. (shrink)

People are often offended by beliefs, expect apologies for beliefs, apologize for their own beliefs. In many mundane cases, people are morally criticized for their beliefs. Intuitively, then, beliefs seem to sometimes wrong people. Recently, the philosophical literature has picked up on this theme, and has started to discuss it under the heading of doxastic wrongdoing. In this paper we argue that despite the strength of such initial intuitions, at the end of the day they have to be rejected. If (...) it can be ever truthfully asserted that beliefs wrong, this is always derivative – beliefs wrong only in virtue of other things (like evidence-gathering actions) wronging. We distinguish between modest and ambitious doxastic wrongdoing theories (the former deny, while the latter accept, the possibility of a morally wrong yet epistemically permissible belief); we argue that each of these options faces insurmountable problems; and we offer partly debunking explanations of the intuitions purportedly supporting doxastic wrongdoing. (shrink)

Radical moral encroachment is the view that belief itself is morally evaluable, and that some moral properties of belief itself make a difference to epistemic rationality. To date, almost all proponents of radical moral encroachment hold to an asymmetry thesis: the moral encroaches on rational belief, but not on rational credence. In this paper, we argue against the asymmetry thesis; we show that, insofar as one accepts the most prominent arguments for radical moral encroachment on belief, one should likewise accept (...) radical moral encroachment on credence. We outline and reject potential attempts to establish a basis for asymmetry between the attitude types. Then, we explore the merits and demerits of the two available responses to our symmetry claim: (i) embracing moral encroachment on credence and (ii) denying moral encroachment on belief. (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)

Several authors have recently suggested that moral factors and norms `encroach' on the epistemic, and because of salient parallels to pragmatic encroachment views in epistemology, these suggestions have been dubbed `moral encroachment views'. This paper distinguishes between variants of the moral encroachment thesis, pointing out how they address different problems, are motivated by different considerations, and are not all subject to the same objections. It also explores how the family of moral encroachment views compare to classical pragmatic encroachment accounts.

Historical patterns of discrimination seem to present us with conflicts between what morality requires and what we epistemically ought to believe. I will argue that these cases lend support to the following nagging suspicion: that the epistemic standards governing belief are not independent of moral considerations. We can resolve these seeming conflicts by adopting a framework wherein standards of evidence for our beliefs to count as justified can shift according to the moral stakes. On this account, believing a paradigmatically racist (...) belief reflects a failure to not only attend to the epistemic risk of being wrong, but also a failure to attend to the distinctively moral risk of wronging others given what we believe. (shrink)

Both actions and beliefs are subject to normative evaluation as rational or irrational. As such, we might expect there to be some general, unified story about what makes them rational. However, orthodox approaches suggest that the rationality of action is determined by practical considerations, while the rationality of belief is determined by properly epistemic considerations. This apparent disunity leads some, like Rinard (2019), to reject orthodox theories of the rationality of belief in favor of pragmatism. In this paper, I argue (...) we should reject pragmatist approaches to unifying the rationality of action and belief. Instead, I argue, we should embrace a correctness‐based view of rationality, on which rationality is fundamentally about getting things correct as best we can, given our epistemic limitations. On such a view, the facts about rational action and belief are a function of the facts about correct action and belief. I contend that the apparent disunity of orthodox theories is created by the fact that action and belief have different correctness conditions. Nevertheless, on the correctness‐based view, this disunity is merely apparent. This renders pragmatism's revisionary implications for the rationality of belief unnecessary to take on in order unify it with the rationality of action. (shrink)

Proponents of zetetic encroachment claim that certain zetetic or inquiry-related considerations can have a bearing on the epistemic rationality of one’s belief formation. Since facts about the interestingness or importance of a topic can be the right kind of reasons for inquisitive attitudes, such as curiosity, and inquisitive attitudes are ways to suspend judgement, these facts also amount to reasons against believing. This mechanism is said to explain several contentious phenomena in epistemology, such as the occurrence of pragmatic encroachment. In (...) this paper, I provide two lines of reasoning against zetetic encroachment. First, on any contrastivist understanding of epistemic reasons, the case in favour of zetetic encroachment loses all its motivational force. Second, the thesis of zetetic encroachment is incompatible with the most promising way to understand degrees of inquisitive attitudes. (shrink)

According to moral encroachment facts about epistemic justification can vary with moral factors that are unrelated to the truth of the belief. Most of the literature on this topic has focused on how beliefs can wrong, and whether the data that moral encroachers offer in support of their view can be explained within a purist framework. A largely neglected question has been what kind of consequences moral encroachment would have for epistemic justification if the thesis were true. Here I remedy (...) this shortcoming by examining what kind of structural implications moral encroachment has for epistemic justification. (shrink)

Impurism says that practical factors encroach on knowledge. An important version of impurism is called ‘Threshold-Impurism,’ which says that practical factors encroach on the threshold that rational credence must pass in order for one to have knowledge. A prominent kind of argument for Threshold-Impurism is the so-called ‘principle-based argument,’ which relies on a principle of fallibilism and a knowledge-action principle. This paper offers a new challenge against Threshold-Impurism. I attempt to show that the two principles Threshold-Impurists are committed to—KJ and (...) Fallibilism—are jointly in tension with a widely-held principle of credence that’s called ‘Truth-Directedness,’ in the sense that the former two principles cannot both apply to those who know the third. This tension constitutes a serious challenge to Threshold-Impurists, because it leaves them two options, both of which are undesirable: denying Truth-Directedness, or accepting Truth-Directedness and accepting that whether KJ and Fallibilism apply to a person depends on whether she knows Truth-Directedness. (shrink)

The pragmatism—anti-pragmatism debate concerns whether practical considerations can constitute genuinely normative wrong-kind reasons (WKRs) for and against doxastic attitudes, whereas the encroachment—anti-encroachment debate concerns whether practical considerations can affect what right-kind reasons (RKRs) one has or needs to have in order to enjoy some epistemic status. While these are two separate issues, my main aim is to show that pragmatists have a plausible debunking explanation to offer of encroachment cases: that the practical considerations in these cases only generate WKRs against (...) belief, rather than affect the RKRs one has or needs to have, so that the agents in these cases ought to withhold belief, but only in a practical or all-things-considered sense. Moreover, I argue that the pragmatist debunker's explanation of what's going on in encroachment cases is more plausible than the encroacher's because they're structurally identical to cases involving WKRs against other attitudes like admiration and fear. These analogous WKR-cases not only support the surprising conclusion that pragmatists should be anti-encroachers, but they also challenge the encroacher's view independently of whether pragmatism is true. (shrink)

The ethics of belief is concerned with the question of what we should believe. According to evidentialism, what one should believe is determined by evidence only. Pragmatism claims that practical considerations too can be relevant. But pragmatism comes in two shapes. According to a more traditional version, practical considerations can provide practical reasons for or against belief. According to a new brand of pragmatism, pragmatic encroachment, practical considerations can affect positive epistemic status, such as epistemic rationality or knowledge. In the (...) literature, the distinction between the two versions of pragmatism is not always made. If it is mentioned, it is quickly put aside. Sometimes, it is simply overlooked. As evidentialists face two distinct pragmatist challenges, they must get clearer on the distinction. But it matters for pragmatists too. As I see it, if one accepts one version of pragmatism, one should reject the other. This paper’s goals are to get clearer on the distinction and argue that both pragmatisms are independent. Accepting one version does not commit one to accept the other. Moreover, even if both pragmatisms tend to be neutral toward one another, I will argue that traditional pragmatism has good reasons to reject pragmatic encroachment and vice versa. (shrink)

This paper defends the claim that pragmatic encroachment—the idea that knowledge is sensitive to the practical stakes of believing—can explain a distinctive kind of epistemic injustice: the injustice that occurs when prejudice causes someone to know less than they otherwise would. This encroachment injustice, as we call it, occurs when the threat of being met with prejudice raises the stakes for someone to rely on her belief when acting, by raising the level of evidential support required for knowledge. We explain (...) this notion of encroachment injustice, connect it to the empirical literature on implicit bias, and defend it against important objections. (shrink)

In the flurry of recent exchanges between defenders of moral encroachment and their critics, some of the finer details of particular encroachment accounts have only begun to receive critical attention. This is especially true concerning accounts of the putative wrong-making features of the beliefs to which defenders of moral encroachment draw our attention. Here I attempt to help move this part of the discussion forward by critically engaging two leading accounts. These come from Mark Schroeder and Rima Basu, respectively. The (...) problem of explaining how the beliefs at issue have a morally significant impact on the people they are about will turn out to be difficult. However, this shouldn’t be taken to mean that the beliefs have no such significance. In any case, as I hope to show, there are resources available to the evidentialist for acknowledging that the beliefs at issue affect those they are about in morally relevant ways—indeed, that they harm the person in a way that results in a demand on even the most impeccably rational believer. This is not the demand that she abandon her belief, however. It is instead a demand for a substantial form of regret in relation to the belief, a doxastic analogue to Bernard Williams’ “agent-regret”. An evidentialism with space for this notion of regret shows promise for withstanding the moral encroachment challenge. (shrink)

If there is pragmatic encroachment in epistemology, whether a person knows that p can vary with normative facts about her actions—including facts that do not bear on the truth or likelihood of p. This paper raises an underappreciated question for defenders of pragmatic encroachment: which of the many norms on action are distinctively connected to knowledge? To the extent that contemporary defenders of pragmatic encroachment address this question, they do so by citing norms of ‘practical rationality.’ I show that this (...) approach can only be made to work on the assumption that all immorality involves some form of incoherence. I then suggest a pluralist strategy for pragmatic encroachers who seek to answer my question without making this heavyweight metaethical assumption: they should agree that multiple distinct norms on action play a difference-making role in epistemology. I close the paper by sketching three ways in which pragmatic encroachers might pursue this strategy. (shrink)

In this paper, I present a puzzle about the connection between an agent’s knowledge and her rationality and a way to solve it. The puzzle is that, intuitively, many of us want to accept both that it is rational for an agent to act on what she knows and that it is irrational for an agent to take what she knows for granting in her practical reasoning. These two claims about rationality present us with a puzzle because, holding fixed our (...) interpretation of rationality, we cannot accept them both. According to my view, the most compelling way of solving this puzzle is to distinguish between our primary and dispositional evaluations of actions. By making this distinction, we not only gain a unique perspective on the relationship between knowledge and rationality, we also see how doing what we know is best might still manifest an undesirable habit. (shrink)

This paper introduces a novel form of pragmatic encroachment: one that makes a difference to the status of emotion rather than the status of belief. I begin by isolating a distinctive standard in terms of which we can evaluate emotion – one sometimes called “subjective fittingness,” “epistemic justification,” or “warrant.” I then show how this standard for emotion could face a kind of pragmatic encroachment importantly similar to the more familiar encroachment on epistemic standards for belief. Encroachment on warranted emotion (...) is a striking proposal that deserves attention. In fact, there are good reasons to think that encroachment on warranted emotion deserves to be considered the default view for those who already accept pragmatic encroachment on the epistemic status of belief. I support this parity claim by arguing for a principle that establishes a limited coordination between the conditions that warrant emotion and the conditions that justify belief. (shrink)

I discuss the knowledge account of legal proof in Moss (2023) and develop an alternative. The unifying thread throughout this article are reflections on the beyond reasonable doubt (BRD) standard of proof. In Section 1, I will introduce the details of Moss’s account and how she motivates it via the BRD standard. In Section 2, I will argue that there are important disanalogies between BRD and knowledge that undermine Moss’s argument. There is however another motivation for the knowledge account: combined (...) with auxiliary claims, that is probabilistic knowledge and moral encroachment, it can provide a general solution to the puzzle of statistical evidence. Section 3 spells out the details. In Section 4, I suggest to combine the knowledge account with pragmatic encroachment, instead of moral encroachment, in order to stay clear of the thorny issues whether corporations have moral rights. In Section 5, I argue that the verdicts of Moss’s account in cases of false justified beliefs and non-luminous knowledge conflict with the BRD standard and thus call for abandoning the account. Based on the social function of the BRD standard, I suggest a replacement for the knowledge account that is also just as potent as a general solution for the puzzle of statistical evidence. While I will grant that knowledge is neither always necessary nor always sufficient for convictions, I will argue that the concept of knowledge nonetheless plays a significant and ineliminable role in legal decision-making. (shrink)

According to the moral encroachment thesis, moral features of a situation can affect not just what we’re practically justified in doing but also what we’re epistemically justified in believing. This paper offers a new rationale for that thesis, drawing on observations about the role of reflection in agency.

Many find that the objectionable nature of paternalism has something to do with belief. However, since it is commonly held that beliefs are directly governed by epistemic as opposed to moral norms, how could it be objectionable to hold paternalistic beliefs about others if they are supported by the evidence? Drawing on central elements of relational egalitarianism, this paper attempts to bridge this gap. In a first step, it argues that holding paternalistic beliefs about others implies a failure to regard (...) them as equals in terms of their moral agency. In a second step, it shows that the fact that we should regard others as equals in this sense raises the threshold for sufficiency of evidence for paternalistic beliefs to be epistemically justified. That is, moral reasons of relational equality encroach on the epistemic. However, these reasons are not decisive. In cases where others are about to jeopardize critical goods such as their lives, mobility or future autonomy, relational equality sometimes calls for paternalistic action and, by extension, the formation of beliefs that render such action rational. The upshot is that in order to meet demands of relational equality we have a pro tanto reason to not hold paternalistic beliefs about others. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 1, Page 55-74, February 2022. Many find that the objectionable nature of paternalism has something to do with belief. However, since it is commonly held that beliefs are directly governed by epistemic as opposed to moral norms, how could it be objectionable to hold paternalistic beliefs about others if they are supported by the evidence? Drawing on central elements of relational egalitarianism, this paper attempts to bridge this gap. In a first step, it (...) argues that holding paternalistic beliefs about others implies a failure to regard them as equals in terms of their moral agency. In a second step, it shows that the fact that we should regard others as equals in this sense raises the threshold for sufficiency of evidence for paternalistic beliefs to be epistemically justified. That is, moral reasons of relational equality encroach on the epistemic. However, these reasons are not decisive. In cases where others are about to jeopardize critical goods such as their lives, mobility or future autonomy, relational equality sometimes calls for paternalistic action and, by extension, the formation of beliefs that render such action rational. The upshot is that in order to meet demands of relational equality we have a pro tanto reason to not hold paternalistic beliefs about others. (shrink)