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)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

On Folk Epistemology explores how we ascribe knowledge to ourselves and others. Empirical evidence suggests that we do so early and often in thought as well as in talk. Since knowledge ascriptions are central to how we navigate social life, it is important to understand our basis for making them. -/- A central claim of the book is that factors that have nothing to do with knowledge may lead to systematic mistakes in everyday ascriptions of knowledge. These mistakes are explained (...) by an empirically informed account of how ordinary knowledge ascriptions are the product of cognitive heuristics that are associated with biases. In developing this account, Mikkel Gerken presents work in cognitive psychology and pragmatics, while also contributing to epistemology. For example, Gerken develops positive epistemic norms of action and assertion and moreover, critically assesses contextualism, knowledge-first methodology, pragmatic encroachment theories and more. Many of these approaches are argued to overestimate the epistemological significance of folk epistemology. In contrast, this volume develops an equilibristic methodology according to which intuitive judgments about knowledge cannot straightforwardly play a role as data for epistemological theorizing. Rather, critical epistemological theorizing is required to interpret empirical findings. Consequently, On Folk Epistemology helps to lay the foundation for an emerging sub-field that intersects philosophy and the cognitive sciences: The empirical study of folk epistemology. (shrink)

The book develops and synthesises two main ideas: contextualism about knowledge ascriptions and a knowledge-first approach to epistemology. The theme of the book is that these two ideas fit together much better than it's widely thought they do. Not only are they not competitors: they each have something important to offer the other.

What modal relation must a fact bear to a belief in order for this belief to constitute knowledge of that fact? Externalists have proposed various answers, including some that combine externalism with contextualism. We shall find that various forms of externalism share a modal conception of “sensitivity” open to serious objections. Fortunately, the undeniable intuitive attractiveness of this conception can be explained through an easily confused but far preferable notion of “safety.” The denouement of our reflections, finally, will be to (...) show how replacing sensitivity with safety makes it possible to defend plain Moorean common sense against the spurious advantages over it claimed by skeptical, tracking, relevant-alternative, and contextualist accounts. (shrink)

One of the key supposed 'platitudes' of contemporary epistemology is the claim that knowledge excludes luck. One can see the attraction of such a claim, in that knowledge is something that one can take credit for - it is an achievement of sorts - and yet luck undermines genuine achievement. The problem, however, is that luck seems to be an all-pervasive feature of our epistemic enterprises, which tempts us to think that either scepticism is true and that we don't know (...) very much, or else that luck is compatible with knowledge after all. In this book, Duncan Pritchard argues that we do not need to choose between these two austere alternatives, since a closer examination of what is involved in the notion of epistemic luck reveals varieties of luck that are compatible with knowledge possession and varieties that aren't. Moreover, Pritchard shows that a more nuanced understanding of the relationship between luck and knowledge can cast light on many of the most central topics in contemporary epistemology. These topics include: the externalism/internalism distinction; virtue epistemology; the problem of scepticism; metaepistemological scepticism; modal epistemology; and the problem of moral luck. All epistemologists will need to come to terms with Pritchard's original and incisive contribution. (shrink)

This paper develops a precise understanding of the thesis of moral encroachment, which states that the epistemic status of an opinion can depend on its moral features. In addition, I raise objections to existing accounts of moral encroachment. For instance, many accounts fail to give sufficient attention to moral encroachment on credences. Also, many accounts focus on moral features that fail to support standard analogies between pragmatic and moral encroachment. Throughout the paper, I discuss racial profiling as a case study, (...) arguing that moral encroachment can help us identify one respect in which racial profiling is epistemically problematic. (shrink)

The lottery paradox plays an important role in arguments for various norms of assertion. Why is it that, prior to information on the results of a draw, assertions such as, “My ticket lost,” seem inappropriate? This paper is composed of two projects. First, I articulate a number of problems arising from Timothy Williamson’s analysis of the lottery paradox. Second, I propose a relevant alternatives theory, which I call the Non-Destabilizing Alternatives Theory , that better explains the pathology of asserting lottery (...) propositions, while permitting assertions of what I call fallible propositions such as, “My car is in the driveway.” Le paradoxe de la loterie joue un rôle important dans l’argumentation visant à défendre diverses normes de l’assertion. Comment se fait-il que, avant que les résultats d’un tirage soient connus, des assertions comme «Mon billet a perdu» semblent inappropriées? Cet article se compose de deux projets. Premièrement, je relève certains problèmes issus de l’analyse du paradoxe de la loterie par Timothy Williamson. Deuxièmement, je propose une théorie des alternatives pertinentes que j’appelle la «théorie des alternatives non-déstabilisantes» , et qui explique d’une meilleure façon la pathologie de l’assertion de propositions concernant la loterie, tout en permettant des assertions faillibles, telles que «Ma voiture est dans l’entrée». (shrink)

Judging by our folk appraisals, then, knowledge and action are intimately related. The theories of rational action with which we are familiar leave this unexplained. Moreover, discussions of knowledge are frequently silent about this connection. This is a shame, since if there is such a connection it would seem to constitute one of the most fundamental roles for knowledge. Our purpose in this paper is to rectify this lacuna, by exploring ways in which knowing something is related to rationally acting (...) upon it, defending one particular proposal against anticipated objections. (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)

This paper presents a partial analysis of perceptual knowledge, an analysis that will, I hope, lay a foundation for a general theory of knowing. Like an earlier theory I proposed, the envisaged theory would seek to explicate the concept of knowledge by reference to the causal processes that produce (or sustain) belief. Unlike the earlier theory, however, it would abandon the requirement that a knower's belief that p be causally connected with the fact, or state of affairs, that p.

When spelled out properly infallibilism is a viable and even attractive view. Because it has long been summary dismissed, however, we need a guide on how to properly spell it out. The guide has to fulfil four tasks. The first two concern the nature of knowledge: to argue that infallible belief is necessary, and that it is sufficient, for knowledge. The other two concern the norm of belief: to argue that knowledge is necessary, and that it is sufficient, for justified (...) certainty. With such a guide in hand infallibilism can be evaluated on its own merits. The most controversial parts are the first and fourth. The idea that knowledge requires infallible belief is thought to be excessively sceptical. The idea that knowledge warrants certainty is thought to be excessively dogmatic. The present paper addresses the first. It argues that knowledge requires infallible belief. (shrink)

Could it be right to convict and punish defendants using only statistical evidence? In this paper, I argue that it is not and explain why it would be wrong. This is difficult to do because there is a powerful argument for thinking that we should convict and punish defendants using statistical evidence. It looks as if the relevant cases are cases of decision under risk and it seems we know what we should do in such cases (i.e., maximize expected value). (...) Given some standard assumptions about the values at stake, the case for convicting and punishing using statistical evidence seems solid. In trying to show where this argument goes wrong, I shall argue (against Lockeans, reliabilists, and others) that beliefs supported only by statistical evidence are epistemically defective and (against Enoch, Fisher, and Spectre) that these epistemic considerations should matter to the law. To solve the puzzle about the role of statistical evidence in the law, we need to revise some commonly held assumptions about epistemic value and defend the relevance of epistemology to this practical question. (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)

It has become recently popular to suggest that knowledge is the epistemic norm of practical reasoning and that this provides an important constraint on the correct account of knowledge, one which favours subject-sensitive invariantism over contextualism and classic invariantism. I argue that there are putative counterexamples to both directions of the knowledge norm. Even if the knowledge norm can be defended against these counterexamples, I argue that it is a delicate issue whether it is true, one which relies on fine (...) distinctions among a variety of relevant notions of propriety which our intuitions may reflect. These notions variously apply to the agent herself, her character traits, her beliefs, her reasoning and any resultant action. Given the delicacy of these issues, I argue that the knowledge norm is not a fixed point from which to defend substantive and controversial views in epistemology. Rather, these views need to be defended on other grounds. (shrink)

Pragmatic encroachment offers a picture of knowledge whereby knowledge is unstable. This paper argues that pragmatic encroachment is committed to more instability than has been hitherto noted. One surprising result of the arguments in this paper is that pragmatic encroachment is not merely about changes in stakes. All sorts of practical factors can make for the presence or absence of knowledge on this picture stakes-sensitivity’ is misleading. Furthermore, insufficient attention has been paid to the variety of ways in which on (...) this view pragmatic factors affect knowledge: pragmatic factors are not merely knowledge-depriving but are also knowledge-inducing. (shrink)

Conceptual primitives and semantic universals are the cornerstones of a semantic theory which Anna Wierzbicka has been developing for many years. Semantics: Primes and Universals is a major synthesis of her work, presenting a full and systematic exposition of that theory in a non-technical and readable way. It delineates a full set of universal concepts, as they have emerged from large-scale investigations across a wide range of languages undertaken by the author and her colleagues. On the basis of empirical cross-linguistic (...) studies it vindicates the old notion of the "psychic unity of mankind", while at the same time offering a framework for the rigorous description of different languages and cultures. (shrink)

Human beings naturally desire knowledge. But what is knowledge? Is it the same as having an opinion? Highlighting the major developments in the theory of knowledge from Ancient Greece to the present day, Jennifer Nagel uses a number of simple everyday examples to explore the key themes and current debates of epistemology.