Explanationism is a plausible view of epistemic justification according to which justification is a matter of explanatory considerations. Despite its plausibility, explanationism is not without its critics. In a recent issue of this journal T. Ryan Byerly and Kraig Martin have charged that explanationism fails to provide necessary or sufficient conditions for epistemic justification. In this article I examine Byerly and Martin’s arguments and explain where they go wrong.

The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical Evidence. While (...) this puzzle has led to the development of a multitude of accounts and approaches in the legal literature, I argue here that the problem can be resolved fairly straightforwardly within a knowledge-first framework. (shrink)

James Woodward’s Making Things Happen presents the most fully developed version of a manipulability theory of causation. Although the ‘interventionist’account of causation that Woodward defends in Making Things Happen has many admirable qualities, Michael Strevens argues that it has a fatal flaw. Strevens maintains that Woodward’s interventionist account of causation renders facts about causation relative to an individual’s perspective. In response to this charge, Woodward claims that although on his account X might be a relativized cause of Y relative to (...) some perspective, this does not lead to the problematic relativity that Strevens claims. Roughly, Woodward argues this is so because if X is a relativized cause of Y with respect to some perspective, then X is a cause of Y simpliciter. So, the truth of whether X is a cause of Y is not relative to one’s perspective. Strevens counters by arguing that Woodward’s response fails because relativized causation is not monotonic. In this paper I argue that Strevens’ argument that relativized causation is not monotonic is unsound. (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)

This essay develops a joint theory of rational (all-or-nothing) belief and degrees of belief. The theory is based on three assumptions: the logical closure of rational belief; the axioms of probability for rational degrees of belief; and the so-called Lockean thesis, in which the concepts of rational belief and rational degree of belief figure simultaneously. In spite of what is commonly believed, this essay will show that this combination of principles is satisfiable (and indeed nontrivially so) and that the principles (...) are jointly satisfied if and only if rational belief is equivalent to the assignment of a stably high rational degree of belief. Although the logical closure of belief and the Lockean thesis are attractive postulates in themselves, initially this may seem like a formal “curiosity”; however, as will be argued in the rest of the essay, a very reasonable theory of rational belief can be built around these principles that is not ad hoc and that has various philosophical features that are plausible independently. In particular, this essay shows that the theory allows for a solution to the Lottery Paradox, and it has nice applications to formal epistemology. The price that is to be paid for this theory is a strong dependency of belief on the context, where a context involves both the agent's degree of belief function and the partitioning or individuation of the underlying possibilities. But as this essay argues, that price seems to be affordable. (shrink)

There are currently two robust traditions in philosophy dealing with doxastic attitudes: the tradition that is concerned primarily with all-or-nothing belief, and the tradition that is concerned primarily with degree of belief or credence. This paper concerns the relationship between belief and credence for a rational agent, and is directed at those who may have hoped that the notion of belief can either be reduced to credence or eliminated altogether when characterizing the norms governing ideally rational agents. It presents a (...) puzzle which lends support to two theses. First, that there is no formal reduction of a rational agent’s beliefs to her credences, because belief and credence are each responsive to different features of a body of evidence. Second, that if our traditional understanding of our practices of holding each other responsible is correct, then belief has a distinctive role to play, even for ideally rational agents, that cannot be played by credence. The question of which avenues remain for the credence-only theorist is considered. (shrink)

The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a specific way – as (...) a way of epistemically explaining the legal suspicion towards statistical evidence. Still, we do not think of this as a satisfactory vindication of the reluctance to rely on statistical evidence. Knowledge – and Sensitivity, and indeed epistemology in general – are of little, if any, legal value. Instead, we tell an incentive-based story vindicating the suspicion towards statistical evidence. We conclude by showing that the epistemological story and the incentive-based story are closely and interestingly related, and by offering initial thoughts about the role of statistical evidence in morality. (shrink)

The book was planned and written as a single, sustained argument. But earlier versions of a few parts of it have appeared separately. The object of this book is both to establish the existence of the paradoxes, and also to describe a non-Pascalian concept of probability in terms of which one can analyse the structure of forensic proof without giving rise to such typical signs of theoretical misfit. Neither the complementational principle for negation nor the multiplicative principle for conjunction applies (...) to the central core of any forensic proof in the Anglo-American legal system. There are four parts included in this book. Accordingly, these parts have been written in such a way that they may be read in different orders by different kinds of reader. (shrink)

This paper discusses the ability of explanationist theories of epistemic justification to account for the justification we have for holding beliefs about the future. McCain’s explanationist account of the relation of evidential support is supposedly in a better position than other theories of this type to correctly handle cases involving beliefs about the future. However, the results delivered by this account have been questioned by Byerly and Martin. This paper argues that McCain’s account is, in fact, able to deliver plausible (...) results in cases involving such beliefs and that explanationism, if properly articulated, is illuminating with respect to the justification we have for holding such beliefs, as it manages to correctly distinguish evidence that only supports believing probabilistic claims about the future from evidence that is sufficient to believe that a particular event will happen. (shrink)

Earl Conee and Richard Feldman have argued that epistemic support should be understood in terms of explanatory considerations. Very roughly, they hold that one’s evidence supports a given proposition when that proposition is part of the best explanation of one’s evidence. This proposal is attractive, but T. Ryan Byerly has recently argued that it is false. Byerly claims that such explanationist accounts of epistemic support cannot account for the fact that one’s evidence can support propositions about the future. Although Byerly (...) presents an interesting challenge, his argument is problematic and, ultimately, unconvincing. (shrink)

This paper principally argues for two controversial theses: that understanding, unlike knowledge, is distinctively valuable, and that understanding is the proper goal of inquiry.

According to a captivating picture, epistemic justification is essentially a matter of epistemic or evidential likelihood. While certain problems for this view are well known, it is motivated by a very natural thought—if justification can fall short of epistemic certainty, then what else could it possibly be? In this paper I shall develop an alternative way of thinking about epistemic justification. On this conception, the difference between justification and likelihood turns out to be akin to the more widely recognised difference (...) between ceteris paribus laws and brute statistical generalisations. I go on to discuss, in light of this suggestion, issues such as classical and lottery-driven scepticism as well as the lottery and preface paradoxes. (shrink)

Explanationists about epistemic justification hold that justification depends upon explanatory considerations. After a bit of a lull, there has recently been a resurgence of defenses of such views. Despite the plausibility of these defenses, explanationism still faces challenges. Recently, T. Ryan Byerly and Kraig Martin have argued that explanationist views fail to provide either necessary or sufficient conditions for epistemic justification. I argue that Byerly and Martin are mistaken on both accounts.

Explanationism holds that a person's evidence supports a proposition just in case that proposition is part of the best available explanation for the person's evidence. I argue that explanationism faces a serious difficulty when it comes to justified beliefs about the future. Often, one's evidence supports some proposition about the future but that proposition is not part of the best available explanation for one's evidence. Attempts to defend explanationism against this charge are unattractive. Moving to a modified better contrastive explanation (...) account will help with these cases, but it will face other difficulties. (shrink)

Jim buys a ticket in a million-ticket lottery. He knows it is a fair lottery, but, given the odds, he believes he will lose. When the winning ticket is chosen, it is not his. Did he know his ticket would lose? It seems that he did not. After all, if he knew his ticket would lose, why would he have bought it? Further, if he knew his ticket would lose, then, given that his ticket is no different in its chances (...) of winning from any other ticket, it seems that by parity of reasoning he should also know that every other ticket would lose. But of course he doesn’t know that; in fact, he knows that not every ticket will lose. (shrink)

In their most recent co-authored work, Conee and Feldman (2008) suggest that epistemic support should be understood in terms of best explanations. Although this suggestion is plausible, Conee and Feldman admit that they have not provided the necessary details for a complete account of epistemic support. This article offers an explanationist account of epistemic support of the kind that Conee and Feldman suggest. It is argued that this account of epistemic support yields the intuitively correct results in a wide variety (...) of cases. Further, this explanationist account of epistemic support is not susceptible to objections that Lehrer (1974) and Goldman (2011) have raised for similar accounts of epistemic support. (shrink)

This paper suggests a bridge principle for all-or-nothing belief and degrees of belief to the effect that belief corresponds to stably high degree of belief. Different ways of making this Humean thesis on belief precise are discussed, and one of them is shown to stand out by unifying the others. The resulting version of the thesis proves to be fruitful in entailing the logical closure of belief, the Lockean thesis on belief, and coherence between decision-making based on all-or-nothing beliefs and (...) on degrees of belief. (shrink)