I intend to argue that good friendship sometimes requires epistemic irresponsibility. To put it another way, it is not always possible to be both a good friend and a diligent believer.

Traditional philosophical discussions of knowledge have focused on the epistemic status of full beliefs. In this book, Moss argues that in addition to full beliefs, credences can constitute knowledge. For instance, your .4 credence that it is raining outside can constitute knowledge, in just the same way that your full beliefs can. In addition, you can know that it might be raining, and that if it is raining then it is probably cloudy, where this knowledge is not knowledge of propositions, (...) but of probabilistic contents. -/- The notion of probabilistic content introduced in this book plays a central role not only in epistemology, but in the philosophy of mind and language as well. Just as tradition holds that you believe and assert propositions, you can believe and assert probabilistic contents. Accepting that we can believe, assert, and know probabilistic contents has significant consequences for many philosophical debates, including debates about the relationship between full belief and credence, the semantics of epistemic modals and conditionals, the contents of perceptual experience, peer disagreement, pragmatic encroachment, perceptual dogmatism, and transformative experience. In addition, accepting probabilistic knowledge can help us discredit negative evaluations of female speech, explain why merely statistical evidence is insufficient for legal proof, and identify epistemic norms violated by acts of racial profiling. Hence the central theses of this book not only help us better understand the nature of our own mental states, but also help us better understand the nature of our responsibilities to each other. (shrink)

This article described three heuristics that are employed in making judgements under uncertainty: representativeness, which is usually employed when people are asked to judge the probability that an object or event A belongs to class or process B; availability of instances or scenarios, which is often employed when people are asked to assess the frequency of a class or the plausibility of a particular development; and adjustment from an anchor, which is usually employed in numerical prediction when a relevant value (...) is available. These heuristics are highly economical and usually effective, but they lead to systematic and predictable errors. A better understanding of these heuristics and of the biases to which they lead could improve judgements and decisions in situations of uncertainty. (shrink)

There is something puzzling about statistical evidence. One place this manifests is in the law, where courts are reluctant to base affirmative verdicts on evidence that is purely statistical, in spite of the fact that it is perfectly capable of meeting the standards of proof enshrined in legal doctrine. After surveying some proposed explanations for this, I shall outline a new approach – one that makes use of a notion of normalcy that is distinct from the idea of statistical frequency. (...) The puzzle is not, however, merely a legal one. Our unwillingness to base beliefs on statistical evidence is by no means limited to the courtroom, and is at odds with almost every general principle that epistemologists have proposed as to how we ought to manage our beliefs. (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

In this article it is argued that the standard theoretical account of risk in the contemporary literature, which is cast along probabilistic lines, is flawed, in that it is unable to account for a particular kind of risk. In its place a modal account of risk is offered. Two applications of the modal account of risk are then explored. First, to epistemology, via the defence of an anti-risk condition on knowledge in place of the normal anti-luck condition. Second, to legal (...) theory, where it is shown that this account of risk can cast light on the debate regarding the extent to which a criminal justice system can countenance the possibility of wrongful convictions. (shrink)

Decision-makers in institutional and non-institutional contexts are sometimes confronted with the issue of whether to use generalisations expressing the statistical incidence of a negative trait in a disadvantaged and discriminated-against social group in order to draw an inference concerning a member of that group. If a criminal court were confronted with such a question, what answer should it give? First, the article argues that, our qualms notwithstanding, morality does not demand that these generalisations be disregarded. In doing so, the article (...) addresses the relationship between factual accuracy and the demands of morality in criminal trials. Second, the article considers the implications of this conclusion for the legal question as to whether the evidence at issue should be excluded, in particular, on grounds of unfairness — pursuant to section 78 of the Police and Criminal Evidence Act 1984. (shrink)

Simon Keller and Sarah Stroud have both argued that the demands of being a good friend can conflict with the demands of standard epistemic norms. Intuitively, good friends will tend to seek favorable interpretations of their friends’ behaviors, interpretations that they would not apply to strangers; as such they seem prone to form unjustified beliefs. I argue that there is no such clash of norms. In particular, I argue that friendship does not require us to form beliefs about our friends (...) in the biased fashion suggested by Stroud and Keller. I further argue that while some slight bias in belief-formation might be permitted by friendship, any such bias would fall within the bounds of epistemic propriety. (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)

In criminal trials the state must establish, to a particular standard of proof, the defendant's guilt. The most widely used and important standard of proof for criminal conviction is the ‘beyond a reasonable doubt' standard. But what legitimates this standard, rather than an alternative? One view holds the standard of proof should be determined or justified – at least in large part – by its consequences. In this spirit, Laudan uses crime statistics to estimate risks the average citizen runs of (...) being violently victimised and falsely convicted. He argues that since the former risk is higher, and the aggregate harms are worse, the standard of proof should be substantially lowered. He presents a formula for calculating the preferred standard. In this article I outline various ways Laudan's uses of crime statistics are flawed, and explain how he substantially overestimates risks of victimhood and underestimates costs of false convictions. I also explain why his formula is mistaken, and illuminate consequences Laudan neglects. I conclude that, even if consequences determine the appropriate standard of proof, Laudan's arguments fail to show the standard is too high. I conclude by suggesting that the inadequacies of Laudan's reasoning might be good news for consequence-based justifications of the standard of proof. (shrink)

Almost all philosophers agree that a necessary condition on lying is that one says what one believes to be false. But, philosophers haven’t considered the possibility that the true requirement on lying concerns, rather, one’s degree-of-belief. Liars impose a risk on their audience. The greater the liar’s confidence that what she asserts is false, the greater the risk she’ll think she’s imposing on the dupe, and, therefore, the greater her blameworthiness. From this, I arrive at a dilemma: either the belief (...) requirement is wrong, or lying isn’t interesting. I suggest an alternative necessary condition for lying on a degree-of-belief framework. (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)

There is a traditional conception of knowledge but it is not the Justified True Belief analysis Gettier attacked. On the traditional view, knowledge consists in having a belief that bears a discernible mark of truth. A mark of truth is a truth-entailing property: a property that only true beliefs can have. It is discernible if one can always tell that a belief has it, that is, a sufficiently attentive subject believes that a belief has it if and only if it (...) has it. Requiring a mark of truth makes the view infallibilist. Requiring it to be discernible makes the view internalist. I call the view Classical Infallibilism. (shrink)

Rationalism, my target, says that in order to have perceptual knowledge, such as that your hand is making a fist, you must “antecedently” (or “independently”) know that skeptical scenarios don’t obtain, such as the skeptical scenario that you are in the Matrix. I motivate the specific form of Rationalism shared by, among others, White (Philos Stud 131:525–557, 2006) and Wright (Proc Aristot Soc Suppl Vol 78:167–212, 2004), which credits us with warrant to believe (or “accept”, in Wright’s terms) that our (...) senses are reliably veridical, where that warrant is one we enjoy by default, that is, without relying on any evidence or engaging in any positive argument. The problem with this form of Rationalism is that, even if you have default knowledge that your senses are reliable, this is not adequate to rule out every kind of skeptical scenario. The problem is created by one-off skeptical scenarios, scenarios that involve a highly reliable perceiver who, by a pure fluke, has a one-off, non-veridical experience. I claim you cannot infer that your present perceptual experience is veridical just on the basis of knowledge of your general reliability. More generally, if you infer that the present F is G, just on the basis of your knowledge that most Fs are Gs, this is what I call statistical inference, and, as I argue, statistical inference by itself does not generate knowledge. I defend this view of statistical inference against objections, including the objection that radical skepticism about our ordinary inductive knowledge will follow unless statistical inference generates knowledge. (shrink)

Suppose one hundred prisoners are in a yard under the supervision of a guard, and at some point, ninety-nine of them collectively kill the guard. If, after the fact, a prisoner is picked at random and tried, the probability of his guilt is 99%. But despite the high probability, the statistical chances, by themselves, seem insufficient to justify a conviction. The question is why. Two arguments are offered. The first, decision-theoretic argument shows that a conviction solely based on the statistics (...) in the prisoner scenario is unacceptable so long as the goal of expected utility maximization is combined with fairness constraints. The second, risk-based argument shows that a conviction solely based on the statistics in the prisoner scenario lets the risk of mistaken conviction surge potentially too high. The same, by contrast, cannot be said of convictions solely based on DNA evidence or eyewitness testimony. A noteworthy feature of the two arguments in the paper is that they are not confined to criminal trials and can in fact be extended to civil trials. (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)

Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first (...) integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial. (shrink)

Many people have an intuition that something is fundamentally different between statistical evidence (e.g. per cent of the market-share) and non-statistical evidence (e.g. eyewitnesses). The intuitive difference between these two types of evidence is demonstrated by empirical research, according to which people tend to disregard the background statistical evidence when non-statistical evidence is available. A popular example is the red/blue bus scenario, in which a lady who was hit by an unidentified bus claims damages from the Red Bus Company on (...) the basis that sixty per cent of the buses in that area are operated by that company. To many, it would seem intuitively wrong to impose liability based solely on this evidence. As a result, it is sometimes thought that statistical evidence is inferior to non-statistical evidence when it is used to prove particular facts in court. The 'epistemic accounts' are attempts to provide a justification for restricting the use of statistical evidence in court by identifying a certain quality that non-statistical evidence has but statistical evidence lacks. The proponents of these accounts share the view that statistical evidence lacks a quality, the effect of which is to make the drawing of inference from the statistical evidence to the particular case epistemologically deficient. Epistemology is the branch of philosophy which addresses questions about the nature, possibility and structure of knowledge, justification, belief and other related conditions. Unlike psychology, which attempts to describe how human beings actually think, epistemology asks how a rational agent ought to think and form his rational beliefs. Epistemology is therefore normative in nature. These accounts are classified as 'epistemic' in this paper because their strategy is to identify a quality that is lacking from statistical evidence which makes it epistemologically unwarranted to establish the fact this evidence is adduced to prove. The paper seeks to show that the existing epistemic accounts fail to provide a justification for restricting the use of statistical evidence in court. The paper presents the major epistemic accounts and argues that each suffers from substantial problems which make it unsuccessful. Some of these accounts are under-inclusive: the alleged epistemic deficiency is not found in some types of evidence which are clearly statistical. Other accounts are over-inclusive: their alleged epistemic deficiency applies to non-statistical evidence too. None of the existing accounts successfully establishes an epistemic deficiency from which (only) statistical evidence suffers. This paper does not argue that statistical evidence should be used freely because there is no epistemic difference between statistical and non-statistical evidence. It may well be the case that there is a good justification for not using statistical evidence to determine our legal rights and liabilities, at least in some situations. However, if there is such a justification, it has not been provided by the epistemic accounts. (shrink)