What is the relationship between fear, danger, and the law? Cass Sunstein attacks the increasingly influential Precautionary Principle - the idea that regulators should take steps to protect against potential harms, even if causal chains are uncertain and even if we do not know that harms are likely to come to fruition. Focusing on such problems as global warming, terrorism, DDT, and genetic engineering, Professor Sunstein argues that the Precautionary Principle is incoherent. Risks exist on all sides of social situations, (...) and precautionary steps create dangers of their own. Diverse cultures focus on very different risks, often because social influences and peer pressures accentuate some fears and reduce others. Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called 'libertarian paternalism', designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security. Laws of Fear represents a major statement from one of the most influential political and legal theorists writing today. (shrink)

Recent efforts to argue that nonepistemic values have a legitimate role to play in assessing scientific models, theories, and hypotheses typically either reject the distinction between epistemic and nonepistemic values or incorporate nonepistemic values only as a secondary consideration for resolving epistemic uncertainty. Given that scientific representations can legitimately be evaluated not only based on their fit with the world but also with respect to their fit with the needs of their users, we show in two case studies that nonepistemic (...) values can play a legitimate role as factors that override epistemic considerations in assessing scientific representations for practical purposes. (shrink)

In recent papers and a book, Heather Douglas has expanded on the well-known argument from inductive risk, thereby launching an influential contemporary critique of the value-free ideal for science. This paper distills Douglas’s critique into four major claims. The first three claims provide a significant challenge to the value-free ideal for science. However, the fourth claim, which delineates her positive proposal to regulate values in science by distinguishing direct and indirect roles for values, is ambiguous between two interpretations, and both (...) have weaknesses. Fortunately, two elements of Douglas’s work that have previously received much less emphasis provide resources for developing a more promising approach for regulating values in science. (shrink)

This paper explores a position that combines contextualism regarding knowledge with the idea that the central point or purpose of the concept of knowledge is to feature in attributions that keep epistemic gate for contextually salient communities. After highlighting the main outlines and virtues of the suggested gate-keeping contextualism, two issues are pursued. First, the motivation for the view is clarified in a discussion of the relation between evaluative concepts and the purposes they serve. This clarifies why one's sense for (...) the point of an evaluative concept ought to constrain and inform one's understanding of the concept. Second, the paper explores ways of avoiding a problem in the author's earlier development of gate-keeping contextualism. The initial development of the view opened the door to a form of skepticism that would hobble an important facet of our social-epistemic lives. (shrink)

According to assurance views of testimonial justification, in virtue of the act of testifying a speaker provides an assurance of the truth of what she asserts to the addressee. This assurance provides a special justificatory force and a distinctive normative status to the addressee. It is thought to explain certain asymmetries between addressees and other unintended hearers (bystanders and eavesdroppers), such as the phenomenon that the addressee has a right to blame the speaker for conveying a falsehood but unintended hearers (...) do not, and the phenomenon that the addressee may deflect challenges to his testimonial belief to the speaker but unintended hearers may not. Here I argue that we can do a better job explaining the normative statuses associated with testimony by reference to epistemic norms of assertion and privacy norms. Following Sanford Goldberg, I argue that epistemic norms of assertion, according to which sincere assertion is appropriate only when the asserter possesses certain epistemic goods, can be ‘put to work’ to explain the normative statuses associated with testimony. When these norms are violated, they give hearers the right to blame the speaker, and they also explain why the speaker takes responsibility for the justification of the statement asserted. Norms of privacy, on the other hand, directly exclude eavesdroppers and bystanders from an informational exchange, implying that they have no standing to do many of the things, such as issue challenges or questions to the speaker, that would be normal for conversational participants. This explains asymmetries of normative status associated with testimony in a way logically independent of speaker assurance. (shrink)

The ideal of value free science states that the justification of scientific findings should not be based on non-epistemic (e.g. moral or political) values. It has been criticized on the grounds that scientists have to employ moral judgements in managing inductive risks. The paper seeks to defuse this methodological critique. Allegedly value-laden decisions can be systematically avoided, it argues, by making uncertainties explicit and articulating findings carefully. Such careful uncertainty articulation, understood as a methodological strategy, is exemplified by the current (...) practice of the Intergovernmental Panel on Climate Change (IPCC). (shrink)

Richard Rudner famously argues that the communication of scientific advice to policy makers involves ethical value judgments. His argument has, however, been rightly criticized. This article revives Rudner’s conclusion, by strengthening both his lines of argument: we generalize his initial assumption regarding the form in which scientists must communicate their results and complete his ‘backup’ argument by appealing to the difference between private and public decisions. Our conclusion that science advisors must, for deep-seated pragmatic reasons, make value judgments is further (...) bolstered by reflections on how the scientific contribution to policy is far less straightforward than the Rudner-style model suggests. (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)

Epistemic trust is crucial for science. This article aims to identify the kinds of assumptions that are involved in epistemic trust as it is required for the successful operation of science as a collective epistemic enterprise. The relevant kind of reliance should involve working from the assumption that the epistemic endeavors of others are appropriately geared towards the truth, but the exact content of this assumption is more difficult to analyze than it might appear. The root of the problem is (...) that methodological decisions in science typically involve a complex trade-off between the reliability of positive results, the reliability of negative results, and the investigation's power. Which balance between these is the ‘correct’ one can only be determined in light of an evaluation of the consequences of all the different possible outcomes of the inquiry. What it means for the investigation to be ‘appropriately geared towards the truth’ thus depends on certain value judgments. I conclude that in the optimal case, trusting someone in her capacity as an information provider also involves a reliance on her having the right attitude towards the possible consequences of her epistemic work. 1 Introduction2 Epistemic Reliance within the Sciences3 Methodological Conventionalism4 Trust in Science5 Conclusions. (shrink)

Douglas proposes a new ideal in which values serve an essential function throughout scientific inquiry, but where the role values play is constrained at key points, protecting the integrity and objectivity of science.

I develop an epistemic focal bias account of certain patterns of judgments about knowledge ascriptions by integrating it with a general dual process framework of human cognition. According to the focal bias account, judgments about knowledge ascriptions are generally reliable but systematically fallible because the cognitive processes that generate them are affected by what is in focus. I begin by considering some puzzling patters of judgments about knowledge ascriptions and sketch how a basic focal bias account seeks to account for (...) them. In doing so, I argue that the basic focal bias account should be integrated in a more general framework of human cognition. Consequently, I present some central aspects of a prominent general dual process theory of human cognition and discuss how focal bias may figure at various levels of processing. On the basis of this discussion, I attempt to categorize the relevant judgments about knowledge ascriptions. Given this categorization, I argue that the basic epistemic focal bias account of certain contrast effects and salient alternatives effects can be plausibly integrated with the dual process framework. Likewise, I try to explain the absence of strong intuitions in cases of far-fetched salient alternatives. As a manner of conclusion, I consider some methodological issues concerning the relationship between cognitive psychology, experimental data and epistemological theorizing. -/- . (shrink)

Claims that science should be more democratic than it is frequently arouse opposition. In this essay, I distinguish my own views about the democratization of science from the more ambitious theses defended by Paul Feyerabend. I argue that it is unlikely that the complexity of some scientific debates will allow for resolution according to the methodological principles of any formal confirmation theory, suggesting instead that major revolutions rest on conflicts of values. Yet these conflicts should not be dismissed as irresoluble.

Although many philosophers have employed the distinction between “direct” and “indirect” roles for values in science, I argue that it merits further clarification. The distinction can be formulated in several ways: as a logical point, as a distinction between epistemic attitudes, or as a clarification of different consequences associated with accepting scientific claims. Moreover, it can serve either as part of a normative ideal or as a tool for policing how values influence science. While various formulations of the distinction may (...) contribute to a normative ideal, they have limited effectiveness for regulating how values influence science. (shrink)

Introduction -- Fallibilism -- Contextualism -- Knowledge and reasons -- Justification -- Belief -- The value and importance of knowledge -- Infallibilism or pragmatic encroachment? -- Appendix I: Conflicts with bayesian decision theory? -- Appendix II: Does KJ entail infallibilism?

The question of the relationship of the making of value judgments in a typically ethical sense to the methods and procedures of science has been discussed in the literature at least to that point which e. e. cummings somewhere refers to as “The Mystical Moment of Dullness.” Nevertheless, albeit with some trepidation, I feel that something more may fruitfully be said on the subject.

In the first part of the paper, three objections to the precautionary principle are outlined: the principle requires some account of how to balance risks of significant harms; the principle focuses on action and ignores the costs of inaction; and the principle threatens epistemic anarchy. I argue that these objections may overlook two distinctive features of precautionary thought: a suspicion of the value of “full scientific certainty”; and a desire to distinguish environmental doings from allowings. In Section 2, I argue (...) that any simple distinction between environmental doings and allowings is untenable. However, I argue that the appeal of such a distinction can be captured within a relational account of environmental equity. In Section 3 I show how the proposed account of environmental justice can generate a justification for distinctively “precautionary” policy-making. (shrink)

The standard philosophical project of analysing the concept of knowledge has radical defects in its arbitrary restriction of the subject matter, and its risky theoretical presuppositions. Edward Craig suggests a more illuminating approach, akin to the `state of nature' method found in political theory, which builds up the concept from a hypothesis about the social function of knowledge and the needs it fulfils. Light is thrown on much that philosophers have written about knowledge, about its analysis and the obstacles to (...) its analysis, and on the debate over scepticism. It becomes apparent why many languages not only have such constructions as `knows whether' and `knows that', but also have equivalents of `knows how to' and `know' followed by a direct object. Thus the inquiry is both broadened in scope and made theoretically less fragile. (shrink)

Knowledge ascriptions are a central topic of research in both philosophy and science. In this collection of new essays on knowledge ascriptions, world class philosophers offer novel approaches to this long standing topic.

Using the controversy over the MMR vaccine, I consider the reasons why non-experts should defer to experts, and I sketch a model for understanding cases where they fail to defer. I first suggest that an intuitively plausible model of the expert/non-expert relationship is complicated by shifting epistemic standards. One possible moderate response to this challenge, based on a more complex notion of non-experts' relationship with experts, seems unappealing as an account of the MMR controversy. A more radical suggestion is that (...) non-experts might have a political reason to defer to experts, when not doing so will involve ‘epistemological free-riding’. I investigate the implications. (shrink)

Critics of the ideal of value‐free science often assume that they must reject the distinction between epistemic and nonepistemic values. I argue that this assumption is mistaken and that the distinction can be used to clarify and defend the argument from inductive risk, which challenges the value‐free ideal. I develop the idea that the characteristic feature of epistemic values is that they promote, either intrinsically or extrinsically, the attainment of truths. This proposal is shown to answer common objections to the (...) distinction and provide a principled basis for separating legitimate from illegitimate influences of nonepistemic values in scientific inference. *Received June 2009; revised September 2009. †To contact the author, please write to: 503 S. Kedzie Hall, Michigan State University, East Lansing, MI 48824‐1032; e‐mail: [email protected]. (shrink)

This essay compares two philosophical proposals concerning the relation between values and science, both of which reject the value-free ideal but nevertheless place restrictions on how values and science should interact. The first of these proposals relies on a distinction between the direct and indirect roles of values, while the second emphasizes instead a distinction between epistemic and nonepistemic values. We consider these two proposals in connection with a case study of disputed research on the topic of environmental justice and (...) argue that the second proposal has several advantages over the first. (shrink)

Objective consequentialism is often criticized because it is impossible to know which of our actions will have the best consequences. Why exactly does this undermine objective consequentialism? I offer a new link between the claim that our knowledge of the future is limited and the rejection of objective consequentialism: that ‘ought’ implies ‘can’ and we cannot produce the best consequences available to us. I support this apparently paradoxical contention by way of an analogy. I cannot beat Karpov at chess in (...) spite of the fact that I can make each of many series of moves, at least one of which would beat him. I then respond to a series of objections. In the process I develop an account of the ‘can’ of ability. I conclude with some remarks about the bearing this attack has on subjective consequentialism. (shrink)

The few extant arguments concerning the autonomy of science in the rational acceptance of hypotheses are examined. It is concluded that science is not morally autonomous, and that the attendant notion of rationality in science decisionmaking is inadequate. A more comprehensive notion of scientific rationality, which encompasses the old one, is proposed as a replacement. The general idea is that scientists qua scientist ought, in their acceptance decisions, to take into account the ethical consequences of acceptance as well as the (...) consequences with regard to the attainment of "purely scientific" or "epistemic" objectives. The result constitutes an argument for a (presumably cooperative) game theoretic treatment of inductive logic. (shrink)

Ghostwriting scandals are pervasive in industry-funded biomedical research, and most responses to them have presumed that they represent a sharp transgression of the norms of scientific authorship. I argue that in fact, ghostwriting represents a continuous extension of current socially accepted authorship practices. I claim that the radically collaborative, decentralized, interdisciplinary research that forms the gold standard in medicine is in an important sense unauthored, and that this poses a serious problem in applied social epistemology. It is no easy matter (...) to find procedural or architectural solutions that can secure epistemic trust and accountability for collaborative publishing in biomedicine. (shrink)