This article explores a long-running debate in evidence theory about the significance of certain puzzling cases where there is reluctance to ascribe liability despite a high probability of liability. It focuses on certain analyses of these puzzles, distinguishing between inferential, moral, and knowledge-based analyses. The article emphasizes the richness and complexity of the puzzle cases and suggests why they are difficult to resolve.

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)

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)

The second volume in the _Blackwell Brown Lectures in Philosophy_, this volume offers an original and provocative take on the nature and methodology of philosophy. Based on public lectures at Brown University, given by the pre-eminent philosopher, Timothy Williamson Rejects the ideology of the 'linguistic turn', the most distinctive trend of 20th century philosophy Explains the method of philosophy as a development from non-philosophical ways of thinking Suggests new ways of understanding what contemporary and past philosophers are doing.

Existing discussions of legal proof address a host of apparently disparate questions: What does it take to prove a fact beyond a reasonable doubt? Why is the reasonable doubt standard notoriously elusive, sometimes considered by courts to be impossible to define? Can the standard of proof by a preponderance of the evidence be defined in terms of probability thresholds? Why is statistical evidence often insufficient to meet the burden of proof? -/- This paper defends an account of proof that addresses (...) each of these questions. Where existing theories take a piecemeal approach to these puzzles, my theory develops an insight that unifies them—namely, the thesis that legal proof requires knowledge. Although this thesis may seem radical at first, I answer several common objections to it, and I argue that it does better than several competing accounts when it comes to making sense of our intuitions about what legal proof requires. (shrink)

Abstract: When do we meet the standard of proof in a criminal trial? Some have argued that it is when the guilt of the defendant is sufficiently probable on the evidence. Some have argued that it is a matter of normic support. While the first view provides us with a nice account of how we ought to manage risk, the second explains why we shouldn’t convict on the basis of naked statistical evidence alone. Unfortunately, this second view doesn’t help us (...) understand how we should manage risk (e.g., the risk of violating rights against wrongful conviction) and faces counterexamples of its own. I shall defend an alternative approach that builds on the strengths of these two accounts. On the approach defending here, it is objectively suitable to punish iff we know a defendant to be guilty. To determine what is consistent with procedural justice and to determine what we prospectively ought to do, we need to think about the risks we face of deviating from this objective ideal. (shrink)