The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...) need for change. (shrink)

According to Margaret Gilbert’s collective epistemology, we should take attributions of beliefs to groups seriously, rather than metaphorically or as reducible to individual belief. I argue that, similarly, attributions of belief to markets ought to be taken seriously and not merely as reports of the average beliefs of market participants. While many of Gilbert’s purported examples of group belief are better thought of as instances of acceptance, some collectives, such as courts and markets, genuinely believe. Such collectives enact truth-aimed processes (...) that are beyond the control of any single individual. These processes produce beliefs that are distinct from any individual belief and do not merely report the “average” or “majority” view of the group. In the case of markets, beliefs are indicated by prices, though it is often difficult to infer beliefs from prices and those inferences are almost always uncertain. Reliabilism is the best available standard of justification for market beliefs. In some cases market beliefs are reliable and prove to be true. Thus, in some cases markets can know. (shrink)

This essay raises new objections to the two dominant approaches to understanding the justification of group beliefs—_inflationary_ views, where groups are treated as entities that can float freely from the epistemic status of their members’ beliefs, and _deflationary_ views, where justified group belief is understood as nothing more than the aggregation of the justified beliefs of the group's members. If this essay is right, we need to look in an altogether different place for an adequate account of justified group belief. (...) From these objections emerges the skeleton of the positive view that this essay goes on to develop and defend, called the _group epistemic agent account_: groups are epistemic agents in their own right, with justified beliefs that respond to both evidence and normative requirements that arise only at the group level but that are nonetheless importantly constrained by the epistemic status of the beliefs of their individual members. (shrink)

Taken as a model for how groups should make collective judgments and decisions, the ideal of deliberative democracy is inherently ambiguous. Consider the idealised case where it is agreed on all sides that a certain conclusion should be endorsed if and only if certain premises are admitted. Does deliberative democracy recommend that members of the group debate the premises and then individually vote, in the light of that debate, on whether or not to support the conclusion? Or does it recommend (...) that members individually vote on the premises, and then let their commitment to the conclusion be settled by whether or not the group endorses the required premises? Deliberative-democratic theory has not addressed this issue, and this is a problem. The discursive dilemma of my title--a generalisation of the doctrinal paradox from analytical jurisprudence--shows that the procedures distinguished can come apart. Thus deliberative democrats must make up their minds on where they stand in relation to the issue; they cannot sit on the fence. This paper is an attempt to address the issue and look at the grounds on which it may be resolved. (shrink)

In certain judgmental situations where a “correct” decision is presumed to exist, optimal decision making requires evaluation of the decision-makers’ capabilities and the selection of the appropriate aggregation rule. The major and so far unresolved difficulty is the former necessity. This article presents the optimal aggregation rule that simultaneously satisfies these two interdependent necessary requirements. In our setting, some record of the voters’ past decisions is available, but the correct decisions are not known. We observe that any arbitrary evaluation of (...) the decision-makers’ capabilities as probabilities yields some optimal aggregation rule that, in turn, yields a maximum-likelihood estimation of decisional skills. Thus, a skill-evaluation equilibrium can be defined as an evaluation of decisional skills that yields itself as a maximum-likelihood estimation of decisional skills. We show that such equilibrium exists and offer a procedure for finding one. The obtained equilibrium is locally optimal and is shown empirically to generally be globally optimal in terms of the correctness of the resulting collective decisions. Interestingly, under minimally competent (almost symmetric) skill distributions that allow unskilled decision makers, the optimal rule considerably outperforms the common simple majority rule (SMR). Furthermore, a sufficient record of past decisions ensures that the collective probability of making a correct decision converges to 1, as opposed to accuracy of about 0.7 under SMR. Our proposed optimal voting procedure relaxes the fundamental (and sometimes unrealistic) assumptions in Condorcet’s celebrated theorem and its extensions, such as sufficiently high decision-making quality, skill homogeneity or existence of a sufficiently large group of decision makers. (shrink)

Are companies, churches, and states genuine agents? Or are they just collections of individuals that give a misleading impression of unity? This question is important, since the answer dictates how we should explain the behaviour of these entities and whether we should treat them as responsible and accountable on the model of individual agents. Group Agency offers a new approach to that question and is relevant, therefore, to a range of fields from philosophy to law, politics, and the social sciences. (...) Christian List and Philip Pettit argue that there really are group or corporate agents, over and above the individual agents who compose them, and that a proper approach to the social sciences, law, morality, and politics must take account of this fact. Unlike some earlier defences of group agency, their account is entirely unmysterious in character and, despite not being technically difficult, is grounded in cutting-edge work in social choice theory, economics, and philosophy. (shrink)

Short abstract (98 words). Reasoning is generally seen as a means to improve knowledge and make better decisions. However, much evidence shows that reasoning often leads to epistemic distortions and poor decisions. This suggests that the function of reasoning should be rethought. Our hypothesis is that the function of reasoning is argumentative. It is to devise and evaluate arguments intended to persuade. Reasoning so conceived is adaptive given humans’ exceptional dependence on communication and vulnerability to misinformation. A wide range of (...) evidence in the psychology of reasoning and decision making can be reinterpreted and better explained in the light of this hypothesis. (shrink)

The aim of this paper is to sketch a theory of justified belief. What I have in mind is an explanatory theory, one that explains in a general way why certain beliefs are counted as justified and others as unjustified. Unlike some traditional approaches, I do not try to prescribe standards for justification that differ from, or improve upon, our ordinary standards. I merely try to explicate the ordinary standards, which are, I believe, quite different from those of many classical, (...) e. g., ‘Cartesian’, accounts. (shrink)

Reasoning may be defined as a deliberate effort to coordinate inferences so as to reach justifiable conclusions. Thus defined, reasoning includes collaborative as well as individual forms of cognitive action. The purpose of the present study was to demonstrate a circumstance in which collaborative reasoning is qualitatively superior to individual reasoning. The selection task, a well known logical hypothesis-testing problem, was presented to 143 college undergraduates-32 individuals and 20 groups of 5 or 6 interacting peers. The correct (falsification) response pattern (...) was selected by only 9% of the individuals but by 75% of the groups. The superior performance of the groups was due to collaborative reasoning rather than to imitation or peer pressure. Groups typically co-constructed a structure of arguments qualitatively more sophisticated than that generated by most individuals. The results support Piagetian and Habermasian views of peer interaction as a locus of rational social processes. (shrink)

Knowledge and Lotteries is organized around an epistemological puzzle: in many cases, we seem consistently inclined to deny that we know a certain class of propositions, while crediting ourselves with knowledge of propositions that imply them. In its starkest form, the puzzle is this: we do not think we know that a given lottery ticket will be a loser, yet we normally count ourselves as knowing all sorts of ordinary things that entail that its holder will not suddenly acquire a (...) large fortune. After providing a number of specific and general characterizations of the puzzle, Hawthorne carefully examines the competing merits of candidate solutions. In so doing, he explores a number of central questions concerning the nature and importance of knowledge, including the relationship of knowledge to assertion and practical reasoning, the status of epistemic closure principles, the merits of various brands of scepticism, the prospects for a contextualist account of knowledge, and the potential for other sorts of salience-sensitive accounts. Along the way, he offers a careful treatment of pertinent issues at the foundations of semantics. His book will be of interest to anyone working in the field of epistemology, as well as to philosophers of language. (shrink)

Against the traditional view, Alvin Goldman argues that logic, probability theory, and linguistic analysis cannot by themselves delineate principles of rationality or justified belief. The mind's operations must be taken into account.

What is it for a group to believe something? A summative account assumes that for a group to believe that p most members of the group must believe that p. Accounts of this type are commonly proposed in interpretation of everyday ascriptions of beliefs to groups. I argue that a nonsummative account corresponds better to our unexamined understanding of such ascriptions. In particular I propose what I refer to as the joint acceptance model of group belief. I argue that group (...) beliefs according to the joint acceptance model are important phenomena whose aetiology and development require investigation. There is an analogous phenomenon of social or group preference, which social choice theory tends to ignore. (shrink)

This paper generalises the classical Condorcet jury theorem from majority voting over two options to plurality voting over multiple options. The paper further discusses the debate between epistemic and procedural democracy and situates its formal results in that debate. The paper finally compares a number of different social choice procedures for many-option choices in terms of their epistemic merits. An appendix explores the implications of some of the present mathematical results for the question of how probable majority cycles (as in (...) Condorcet's paradox) are in large electorates. (shrink)

Recently, there has been a debate focusing on the question of whether groups can literally have beliefs. For the purposes of epistemology, however, the key question is whether groups can have knowledge. More specifi cally, the question is whether “group views” can have the key epistemic features of belief, viz., aiming at truth and being epistemically rational. I argue that, while groups may not have beliefs in the full sense of the word, group views can have these key epistemic features (...) of belief. However, I argue that on Margaret Gilbert's infl uential “plural subject” account of group belief, group views are unlikely to be epistemically rational. (shrink)

Hilary Kornblith presents a new account of mental reflection, and its importance for knowledge, reasoning, freedom, and normativity. He argues that reflection cannot solve the philosophical problems it has traditionally been thought to, and offers a more realistic, demystified view of its nature which draws on dual process approaches to cognition.

Taken as a model for how groups should make collective judgments and decisions, the ideal of deliberative democracy is inherently ambiguous. Consider the idealised case where it is agreed on all sides that a certain conclusion should be endorsed if and only if certain premises are admitted. Does deliberative democracy recommend that members of the group debate the premises and then individually vote, in the light of that debate, on whether or not to support the conclusion? Or does it recommend (...) that members individually vote on the premises, and then let their commitment to the conclusion be settled by whether or not the group endorses the required premises? Is deliberative democracy to enforce the discipline of reason at the individual level, as in the first possibility, or at the collective level, as in the second? (shrink)

It is argued in this paper that there can be both normative and nonnormative, merely factual group beliefs. The former involve the whole social group in question, while the latter only relate to the distributions of personal beliefs within the group. The paper develops a detailed theory, called the positional account of group beliefs, to explicate normative, group-involving group beliefs. Normative group beliefs are characterized within this approach in terms of joint acceptances of views by the group members — or (...) their representatives — acting in their right positions and tasks, and in a sense creating group commitments for all the members to accept (and keep accepting) the view in question. Also aggregate accounts of group belief are considered in the paper, especially the shared we-belief approach. Such aggregate accounts purport to account for merely factual group beliefs. (shrink)

The aggregation of consistent individual judgments on logically interconnected propositions into a collective judgment on those propositions has recently drawn much attention. Seemingly reasonable aggregation procedures, such as propositionwise majority voting, cannot ensure an equally consistent collective conclusion. The literature on judgment aggregation refers to that problem as the discursive dilemma. In this paper, we motivate that many groups do not only want to reach a factually right conclusion, but also want to correctly evaluate the reasons for that conclusion. In (...) other words, we address the problem of tracking the true situation instead of merely selecting the right outcome. We set up a probabilistic model analogous to Bovens and Rabinowicz (2006) and compare several aggregation procedures by means of theoretical results, numerical simulations and practical considerations. Among them are the premise-based, the situation-based and the distance-based procedure. Our findings confirm the conjecture in Hartmann, Pigozzi and Sprenger (2008) that the premise-based procedure is a crude, but reliable and sometimes even optimal form of judgment aggregation. (shrink)

Abstract How do people find arguments while engaged in a discussion? Following an analogy with visual search, a mechanism that performs this task is described. It is a metarepresentational device that examines representations in a mostly serial manner until it finds a good enough argument supporting one’s position. It is argued that the mechanism described in dual process theories as ‘system 2’, or analytic reasoning fulfills these requirements. This provides support for the hypothesis that reasoning serves an argumentative function. Content (...) Type Journal Article Pages 1-20 DOI 10.1007/s10503-011-9256-1 Authors Hugo Mercier, Philosophy, Politics and Economics Program, University of Pennsylvania, 313 Cohen Hall, 249 South 36th Street, Philadelphia, PA 19104, USA Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X. (shrink)

According to Margaret Gilbert’s collective epistemology, we should take attributions of beliefs to groups seriously, rather than metaphorically or as reducible to individual belief. I argue that, similarly, attributions of belief to markets ought to be taken seriously and not merely as reports of the average beliefs of market participants. While many of Gilbert’s purported examples of group belief are better thought of as instances of acceptance, some collectives, such as courts and markets, genuinely believe. Such collectives enact truth-aimed processes (...) that are beyond the control of any single individual. These processes produce beliefs that are distinct from any individual belief and do not merely report the “average” or “majority” view of the group. In the case of markets, beliefs are indicated by prices, though it is often difficult to infer beliefs from prices and those inferences are almost always uncertain. Reliabilism is the best available standard of justification for market beliefs. In some cases market beliefs are reliable and prove to be true. Thus, in some cases markets can know. (shrink)