ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that sensitivity does (...) not have much of an effect on the value of legal evidence and that it fails to explain legal doctrine. By contrast, safety affects the quality of legal evidence, and safety better explains central features of the law of evidence, including probative value, admissibility rules, and standards of proof. (shrink)

In this paper I take up the question of the nature of the doxastic attitudes we entertain while inquiring into some matter. Relying on a distinction between two stages of open inquiry, I urge to acknowledge the existence of a distinctive attitude of cognitive inclination towards a proposition qua answer to the question one is inquiring into. I call this attitude “hypothesis”. Hypothesis, I argue, is a sui generis doxastic attitude which differs, both functionally and normatively, from suspended judgement, full (...) belief, credences, and acceptance. In closing, I point to the epistemological significance of hypothesis. More specifically, I contend that holding an attitude of hypothesis enables us to respond rationally to peer disagreement, and I suggest that such an attitude offers a suitable articulation of the view, originally put forward by Philip Kitcher, that cognitive diversity in inquiry has epistemic benefits. (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)

Discrimination is a central epistemic capacity but typically, theories of discrimination only use discrimination as a vehicle for analyzing knowledge. This paper aims at developing a self-contained theory of discrimination. Internalist theories of discrimination fail since there is no compelling correlation between discriminatory capacities and experiences. Moreover, statistical reliabilist theories are also flawed. Only a modal theory of discrimination is promising. Versions of sensitivity and adherence that take particular alternatives into account provide necessary and sufficient conditions on discrimination. Safety in (...) contrast is not sufficient for discrimination as there are cases of safety that are clearly instances of discrimination failure. The developed account of discrimination between objects will be extended to discrimination between kinds and between types. (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)

We argue for a naturalistic account for appraising scientific methods that carries non-trivial normative force. We develop our approach by comparison with Laudan’s (American Philosophical Quarterly 24:19–31, 1987, Philosophy of Science 57:20–33, 1990) “normative naturalism” based on correlating means (various scientific methods) with ends (e.g., reliability). We argue that such a meta-methodology based on means–ends correlations is unreliable and cannot achieve its normative goals. We suggest another approach for meta-methodology based on a conglomeration of tools and strategies (from statistical modeling, (...) experimental design, and related fields) that affords forward looking procedures for learning from error and for controlling error. The resulting “error statistical” appraisal is empirical—methods are appraised by examining their capacities to control error. At the same time, this account is normative, in that the strategies that pass muster are claims about how actually to proceed in given contexts to reach reliable inferences from limited data. (shrink)

The growing availability of computer power and statistical software has greatly increased the ease with which practitioners apply statistical methods, but this has not been accompanied by attention to checking the assumptions on which these methods are based. At the same time, disagreements about inferences based on statistical research frequently revolve around whether the assumptions are actually met in the studies available, e.g., in psychology, ecology, biology, risk assessment. Philosophical scrutiny can help disentangle 'practical' problems of model validation, and conversely, (...) a methodology of statistical model validation can shed light on a number of issues of interest to philosophers of science. (shrink)

I argue that the Bayesian Way of reconstructing Duhem's problem fails to advance a solution to the problem of which of a group of hypotheses ought to be rejected or "blamed" when experiment disagrees with prediction. But scientists do regularly tackle and often enough solve Duhemian problems. When they do, they employ a logic and methodology which may be called error statistics. I discuss the key properties of this approach which enable it to split off the task of testing auxiliary (...) hypotheses from that of appraising a primary hypothesis. By discriminating patterns of error, this approach can at least block, if not also severely test, attempted explanations of an anomaly. I illustrate how this approach directs progress with Duhemian problems and explains how scientists actually grapple with them. (shrink)

Knowledge has almost always been treated as good, better than mere true belief, but it is remarkably difficult to explain what it is about knowledge that makes it better. I call this “the value problem.” I have previously argued that most forms of reliabilism cannot handle the value problem. In this article I argue that the value problem is more general than a problem for reliabilism, infecting a host of different theories, including some that are internalist. An additional problem is (...) that not all instances of true belief seem to be good on balance, so even if a given instance of knowing p is better than merely truly believing p, not all instances of knowing will be good enough to explain why knowledge has received so much attention in the history of philosophy. The article aims to answer two questions: What makes knowingp better than merely truly believing p? The answer involves an exploration of the connection between believing and the agency of the knower. Knowing is an act in which the knower gets credit for achieving truth. What makes some instances of knowing good enough to make the investigation of knowledge worthy of so much attention? The answer involves the connection between the good of believing truths of certain kinds and a good life. In the best kinds of knowing, the knower not only gets credit for getting the truth but also gets credit for getting a desirable truth. The kind of value that makes knowledge a fitting object of extensive philosophical inquiry is not independent of moral value and the wider values of a good life. (shrink)

I explore how rational belief and rational credence relate to evidence. I begin by looking at three cases where rational belief and credence seem to respond differently to evidence: cases of naked statistical evidence, lotteries, and hedged assertions. I consider an explanation for these cases, namely, that one ought not form beliefs on the basis of statistical evidence alone, and raise worries for this view. Then, I suggest another view that explains how belief and credence relate to evidence. My view (...) focuses on the possibilities that the evidence makes salient. I argue that this makes better sense of the difference between rational credence and rational belief than other accounts. (shrink)

Published research findings are sometimes refuted by subsequent evidence, says Ioannidis, with ensuing confusion and disappointment.

There is some consensus that for S to know that p, it cannot be merely a matter of luck that S’s belief that p is true. This consideration has led Duncan Pritchard and others to propose a safety condition on knowledge. In this paper, we argue that the safety condition is not a proper formulation of the intuition that knowledge excludes luck. We suggest an alternative proposal in the same spirit as safety, and find it lacking as well.

Many epistemologists think we can derive important theoretical insights by investigating the English word ‘know’ or the concept it expresses. However, fewer than six percent of the world’s population are native English speakers, and some empirical evidence suggests that the concept of knowledge is culturally relative. So why should we think that facts about the word ‘know’ or the concept it expresses have important ramifications for epistemology? This paper argues that the concept of knowledge is universal: it is expressed by (...) some word in every natural language. I also explore the implications of this thesis for philosophical methodology. (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.

According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a person knows a (...) proposition when their evidence rules out all relevant error possibilities. I adapt this framework to model three legal standards of proof—the preponderance of evidence, clear and convincing evidence, and beyond reasonable doubt standards. I describe virtues of this framework. I argue that, by eschewing numerical thresholds, the relevant alternatives framework avoids problems inherent to rival models. I conclude by articulating aspects of legal normativity and practice illuminated by the relevant alternatives framework. (shrink)

An account of the nature of knowledge must explain the value of knowledge. I argue that modal conditions, such as safety and sensitivity, do not confer value on a belief and so any account of knowledge that posits a modal condition as a fundamental constituent cannot vindicate widely held claims about the value of knowledge. I explain the implications of this for epistemology: We must either eschew modal conditions as a fundamental constituent of knowledge, or retain the modal conditions but (...) concede that knowledge is not more valuable than that which falls short of knowledge. This second horn—concluding that knowledge has no distinctive value—is unappealing since it renders puzzling why so much epistemological theorising focuses on knowledge, and why knowledge seems so important. (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)

Many theorists hold that outright verdicts based on bare statistical evidence are unwarranted. Bare statistical evidence may support high credence, on these views, but does not support outright belief or legal verdicts of culpability. The vignettes that constitute the lottery paradox and the proof paradox are marshalled to support this claim. Some theorists argue, furthermore, that examples of profiling also indicate that bare statistical evidence is insufficient for warranting outright verdicts.I examine Pritchard's and Buchak's treatments of these three kinds of (...) case. Pritchard argues that his safety condition explains the insufficiency of bare statistical evidence for outright verdicts in each of the three cases, while Buchak argues that her treatment of the distinction between credence and belief explains this. In these discussions the three kinds of cases – lottery, proof paradox, and profiling – are treated alike. The cases are taken to exhibit the same epistemic features. I identity significant overlooked epistemic differences amongst these three cases; these differences cast doubt on Pritchard's explanation of the insufficiency of bare statistical evidence for outright verdicts. Finally, I raise the question of whether we should aim for a unified explanation of the three paradoxes. (shrink)

Thought experiments as counterexamples are a familiar tool in philosophy. Frequently understanding a vignette seems to generate a challenge to a target theory. In this paper I explore the content of the judgement that we have in response to these vignettes. I first introduce several competing proposals for the content of our judgement, and explain why they are inadequate. I then advance an alternative view. I argue that when we hear vignettes we consider the normal instances of the vignette. If (...) the normal instance of the vignette exhibits a counter-instance, the vignette constitutes a challenge to the target theory. I argue that this proposal shows how responses to vignettes are an ordinary, everyday judgement, and I explain how the proposal avoids the problems generated by competing theories. Finally, I argue this ‘normalcy proposal’ most naturally accords with our understanding of the method. (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 notion of risk plays a central role in economics, finance, health, psychology, law and elsewhere, and is prevalent in managing challenges and resources in day-to-day life. In recent work, Duncan Pritchard (2015, 2016) has argued against the orthodox probabilistic conception of risk on which the risk of a hypothetical scenario is determined by how probable it is, and in favour of a modal conception on which the risk of a hypothetical scenario is determined by how modally close it is. (...) In this article, we use Pritchard’s discussion as a springboard for a more wide-ranging discussion of the notion of risk. We introduce three different conceptions of risk: the standard probabilistic conception, Pritchard’s modal conception, and a normalcy conception that is new (though it has some precursors in the psychological literature on risk perception). Ultimately, we argue that the modal conception is ill-suited to the roles that a notion of risk is required to play and explore the prospects for a form of pluralism about risk, embracing both the probabilistic and the normalcy conceptions. (shrink)

This book brings together eleven case studies of inductive risk-the chance that scientific inference is incorrect-that range over a wide variety of scientific contexts and fields. The chapters are designed to illustrate the pervasiveness of inductive risk, assist scientists and policymakers in responding to it, and productively move theoretical discussions of the topic forward.

Sherrilyn Roush defends a new theory of knowledge and evidence, based on the idea of "tracking" the truth, as the best approach to a wide range of questions about knowledge-related phenomena. The theory explains, for example, why scepticism is frustrating, why knowledge is power, and why better evidence makes you more likely to have knowledge. Tracking Truth provides a unification of the concepts of knowledge and evidence, and argues against traditional epistemological realist and anti-realist positions about scientific theories and for (...) a piecemeal approach based on a criterion of evidence, a position Roush calls "real anti-realism." Epistemologists and philosophers of science will recognize this as a significant original contribution. (shrink)

What is required for something to be evidence for a hypothesis? In this fascinating, elegantly written work, distinguished philosopher of science Peter Achinstein explores this question, rejecting typical philosophical and statistical theories of evidence. He claims these theories are much too weak to give scientists what they want--a good reason to believe--and, in some cases, they furnish concepts that mistakenly make all evidential claims a priori. Achinstein introduces four concepts of evidence, defines three of them by reference to "potential" evidence, (...) and characterizes the latter using a novel epistemic interpretation of probability. The resulting theory is then applied to philosophical and historical issues. Solutions are provided to the "grue," "ravens," "lottery," and "old-evidence" paradoxes, and to a series of questions. These include whether explanations or predictions furnish more evidential weight, whether individual hypotheses or entire theoretical systems can receive evidential support, what counts as a scientific discovery, and what sort of evidence is required for it. The historical questions include whether Jean Perrin had non-circular evidence for the existence of molecules, what type of evidence J. J. Thomson offered for the existence of the electron, and whether, as is usually supposed, he really discovered the electron. Achinstein proposes answers in terms of the concepts of evidence introduced. As the premier book in the fabulous new series Oxford Studies in Philosophy of Science, this volume is essential for philosophers of science and historians of science, as well as for statisticians, scientists with philosophical interests, and anyone curious about scientific reasoning. (shrink)

This entry examines in detail the safety condition for knowledge as found in the work of Ernest Sosa, Duncan Pritchard, and Timothy Williamson.

A number of epistemologists have defended a necessary condition for knowledge that has come to be labeled as the “safety” condition. Timothy Williamson, Duncan Pritchard, and Ernest Sosa are the foremost defenders of safety. According to these authors an agent S knows a true proposition P only if S could not easily have falsely believed P. Disagreement arises, however, with respect to how they capture the notion of a safe belief. This article is a treatment of the different presentations and (...) defenses of the safety condition for knowledge. Special attention is first paid to an elucidation of the various aspects or features of the safety condition. Following a short demonstration of the manner in which the safety condition handles some rather tough Gettier-like cases in the literature, some problems facing safety conclude this article. (shrink)

One of the main goals of epistemologists is to provide a substantive and explanatory account of the conditions under which a belief has some desirable epistemic status (typically, justification or knowledge). According to the reliabilist approach to epistemology, any adequate account will need to mention the reliability of the process responsible for the belief, or truth-conducive considerations more generally. Historically, one major motivation for reliabilism—and one source of its enduring interest—is its naturalistic potential. According to reliabilists, epistemic properties can be (...) explained in terms of reliability, which in turn can be understood without reference to any unreduced epistemic notions, such as evidence or knowledge. This article begins by surveying some of the main forms of reliabilism, concentrating on process reliabilism as a theory of justification. It proceeds to review some of the main objections to reliabilism, and some of the responses that have been offered on the reliabilist’s behalf. After canvassing some recent developments in reliabilist epistemology, the article concludes by considering various cousins and spin-offs of reliabilist epistemology, including virtue reliabilism and various evidentialist-reliabilist hybrids. (shrink)

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)

This discussion surveys recent developments in the treatment of the epistemological problem of skepticism. These are arguments which attack our knowledge of certain truths rather than, say, our belief in the existence of certain entities. In particular, this article focuses on the radical versions of these skeptical arguments, arguments which purport to show that knowledge is, for the most part, impossible, rather than just that we lack knowledge in a particular discourse. Although most of the key recent developments in this (...) area have taken place since the late 1980s and early 1990s, it is necessary to also discuss some of the movements that have developed since 1970 in order to give these recent developments the necessary setting. The date of 1970 is dictated by the publication in that year of Fred Dretske’s seminal article “Epistemic Operators,” which both pushed a “relevant alternatives” theory of knowledge to the fore of discussion and also brought into focus one possible line of argument against the so-called “closure” principle for knowledge. In so doing, it provided one of the main sources of response to the emergent.. (shrink)

Why can testimony alone be enough for findings of liability? Why statistical evidence alone can’t? These questions underpin the “Proof Paradox” (Redmayne 2008, Enoch et al. 2012). Many epistemologists have attempted to explain this paradox from a purely epistemic perspective. I call it the “Epistemic Project”. In this paper, I take a step back from this recent trend. Stemming from considerations about the nature and role of standards of proof, I define three requirements that any successful account in line with (...) the Epistemic Project should meet. I then consider three recent epistemic accounts on which the standard is met when the evidence rules out modal risk (Pritchard 2018), normic risk (Ebert et al. 2020), or relevant alternatives (Gardiner 2019 2020). I argue that none of these accounts meets all the requirements. Finally, I offer reasons to be pessimistic about the prospects of having a successful epistemic explanation of the paradox. I suggest the discussion on the proof paradox would benefit from undergoing a ‘value-turn’. (shrink)

An annotated bibliography of legal epistemology.

Sensitivity is a modal epistemic principle. Modal knowledge accounts are externalist in nature and claim that the knowledge yielding connection between a true belief and the truthmaker must be spelled out in modal terms. The sensitivity condition was introduced by Robert Nozick. He suggests that if S knows that p, then S’s belief that p tracks truth. Nozick argues that this truth-tracking relation can be captured by subjunctive conditionals. As a first approximation, he provides the following modal analysis of knowledge: (...) S knows that p iff (1) p is true; (2) S believes that p; (3) if p were false, S wouldn’t believe that p and (4) if p were true, S would believe that p. The dominant terminology in the literature, also adopted here, is to call condition (3) the sensitivity condition and condition (4) the adherence condition. The sensitivity condition is intuitively appealing since it states that a subject does not know that p if she would believe that p even if p were false. Nozick used the sensitivity condition to accomplish two major tasks. First, he provided a solution to the Gettier problem by arguing that in Gettier cases subjects do not know since the sensitivity condition is violated. Second, he presented a controversial solution to the skeptical problem according to which we have external world knowledge but do not know that the skeptical hypothesis is false. This solution is available because sensitivity is not closed under known entailment. Quickly, criticism of the sensitivity condition emerged. First, most epistemologists regarded the price of abandoning knowledge closure as a price too high to pay. Second, it was noted that sensitivity leads to the counterintuitive consequence of precluding us from inductive knowledge since induction typically yields insensitive beliefs. The most dominant reaction to these problems was to replace sensitivity by the modal principle of safety, nowadays the most popular modal principle. However, sensitivity is not only important as a starting point of modal epistemology. Because of its intuitive attractiveness, many authors aimed at refining the original sensitivity account in order to avoid well-known problems. This has led to a second wave of sensitivity accounts. As of today, various sensitivity-based theories are on the market, including accounts that avoid closure failure, probabilistic interpretations of sensitivity and adherence, and contextualist approaches. There is thus a vivid and ongoing debate about the sensitivity principle in epistemology. (shrink)