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Reasonable doubt and disagreement

Legal Theory 23 (4):203-257 (2017)

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  1. Disagreement as Evidence: The Epistemology of Controversy. [REVIEW]David Christensen - 2009 - Philosophy Compass 4 (5):754-767.
    How much should your confidence in your beliefs be shaken when you learn that others – perhaps ‘epistemic peers’ who seem as well-qualified as you are – hold beliefs contrary to yours? This article describes motivations that push different philosophers towards opposite answers to this question. It identifies a key theoretical principle that divides current writers on the epistemology of disagreement. It then examines arguments bearing on that principle, and on the wider issue. It ends by describing some outstanding questions (...)
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  • Epistemology of disagreement: The good news.David Christensen - 2007 - Philosophical Review 116 (2):187-217.
    How should one react when one has a belief, but knows that other people—who have roughly the same evidence as one has, and seem roughly as likely to react to it correctly—disagree? This paper argues that the disagreement of other competent inquirers often requires one to be much less confident in one’s opinions than one would otherwise be.
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  • Disagreement as evidence: The epistemology of controversy.David Christensen - 2009 - Philosophy Compass 4 (5):756-767.
    How much should your confidence in your beliefs be shaken when you learn that others – perhaps 'epistemic peers' who seem as well-qualified as you are – hold beliefs contrary to yours? This article describes motivations that push different philosophers towards opposite answers to this question. It identifies a key theoretical principle that divides current writers on the epistemology of disagreement. It then examines arguments bearing on that principle, and on the wider issue. It ends by describing some outstanding questions (...)
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  • Disagreement and the Burdens of Judgment.Thomas Kelly - 2013 - In David Phiroze Christensen & Jennifer Lackey (eds.), The Epistemology of Disagreement: New Essays. Oxford University Press.
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  • The epistemic significance of disagreement.Thomas Kelly - 2005 - In Jeremy Fantl, Matthew McGrath & Ernest Sosa (eds.), Contemporary epistemology: an anthology. Hoboken, NJ: Wiley. pp. 167-196.
    Looking back on it, it seems almost incredible that so many equally educated, equally sincere compatriots and contemporaries, all drawing from the same limited stock of evidence, should have reached so many totally different conclusions---and always with complete certainty.
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  • Disagreement: What’s the Problem? or A Good Peer is Hard to Find.Nathan L. King - 2012 - Philosophy and Phenomenological Research 85 (2):249-272.
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  • What should we do when we disagree?Jennifer Lackey - 2005 - In Tamar Szabó Gendler & John Hawthorne (eds.), Oxford Studies in Epistemology. Oxford University Press. pp. 274-93.
    You and I have been colleagues for ten years, during which we have tirelessly discussed the reasons both for and against the existence of God. There is no argument or piece of evidence bearing directly on this question that one of us is aware of that the other is not—we are, then, evidential equals relative to the topic of God’s existence. There is also no cognitive virtue or capacity, or cognitive vice or incapacity, that one of us possesses that the (...)
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  • Peer Disagreement and Higher Order Evidence.Thomas Kelly - 2010 - In Richard Feldman & Ted A. Warfield (eds.), Disagreement. Oxford, GB: Oxford University Press.
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  • Belief in the Face of Controversy.Hilary Kornblith - 2010 - In Richard Feldman & Ted A. Warfield (eds.), Disagreement. Oxford, GB: Oxford University Press.
    We often find that beliefs we hold are in conflict with the beliefs of epistemic peers, individuals who are just as intelligent, just as well-informed, and just as scrupulous in forming their beliefs as we are. Is it permissible to maintain our beliefs in the face of such disagreement? It is argued here that continued belief in these circumstances is not epistemically permissible, and that this has striking consequences for the practice of philosophy: we cannot reasonably hold on to our (...)
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  • Moral disagreement and moral skepticism.Katia Vavova - 2014 - Philosophical Perspectives 28 (1):302-333.
    The fact of moral disagreement when conjoined with Conciliationism, an independently attractive view about the epistemic significance disagreement, seems to entail moral skepticism. This worries those who like Conciliationism, the independently attractive view, but dislike moral skepticism. Others, equally inclined against moral skepticism, think this is a reductio of Conciliationism. I argue that they are both wrong. There is no reductio and nothing to worry about.
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  • Epistemic Peerhood and the Epistemology of Disagreement.Robert Mark Simpson - 2013 - Philosophical Studies 164 (2):561-577.
    In disagreements about trivial matters, it often seems appropriate for disputing parties to adopt a ‘middle ground’ view about the disputed matter. But in disputes about more substantial controversies (e.g. in ethics, religion, or politics) this sort of doxastic conduct can seem viciously acquiescent. How should we distinguish between the two kinds of cases, and thereby account for our divergent intuitions about how we ought to respond to them? One possibility is to say that ceding ground in a trivial dispute (...)
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  • Morality Through Thick and Thin: A Critical Notice of E thics and the Limits of Philosophy.Samuel Scheffler - 1987 - Philosophical Review 96 (3):411-434.
    Scheffler discusses the role of thick concepts in the context of Williams’s main ethical book. He is critical of Williams’s distinction between thick and thin concepts, pointing out that with great problems, justice cannot be said to be either thick or thin.
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  • Thickness and Theory.Thomas M. Scanlon - 2003 - Journal of Philosophy 100 (6):275-287.
    Argues that there is a puzzle about how our own thick concepts, which motivate us simply because they are our own, can be legitimated in any stronger sense than that, from a perspective which is not an “insider perspective.”.
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  • When to defer to majority testimony - and when not.P. Pettit - 2006 - Analysis 66 (3):179-187.
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  • Williams on ethics, knowledge, and reflection.Adrian Moore - 2003 - Philosophy 78 (3):337-354.
    The author begins with an outline of Bernard William's moral philosophy, within which he locates William's notorious doctrine that reflection can destroy ethical knowledge. He then gives a partial defence of this doctrine, exploiting an analogy between ethical judgements and tensed judgements. The basic idea is that what the passage of time does for the latter, reflection can do for the former: namely, prevent the re-adoption of an abandoned point of view (an ethical point of view in the one case, (...)
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  • Is reasonable doubt reasonable?Larry Laudan - 2003 - Legal Theory 9 (4):295-331.
    It is difficult, if not impossible, to so define the term as to satisfy a subtle and metaphysical mind, bent on the detection of some point, however attenuated, upon which to hang a criticism. —Supreme Court of Virginia 1.
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  • The Elementary Epistemic Arithmetic of Criminal Justice.Larry Laudan - 2008 - Episteme 5 (3):282-294.
    This paper propounds the following theses: 1). that the traditional focus on the Blackstone ratio of errors as a device for setting the criminal standard of proof is ill-conceived, 2). that the preoccupation with the rate of false convictions in criminal trials is myopic, and 3). that the key ratio of interest, in judging the political morality of a system of criminal justice, involves the relation between the risk that an innocent person runs of being falsely convicted of a serious (...)
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  • In Defense of Thick Concepts.Jonathan Dancy - 1995 - Midwest Studies in Philosophy 20 (1):263-279.
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  • Moral testimony and moral epistemology.Alison Hills - 2009 - Ethics 120 (1):94-127.
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  • Morality and Thick Concepts.Allan Gibbard & Simon Blackburn - 1992 - Aristotelian Society Supplementary Volume 66 (1):267 - 299.
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  • Not Just a Truthometer: Taking Oneself Seriously (but not Too Seriously) in Cases of Peer Disagreement.David Enoch - 2010 - Mind 119 (476):953-997.
    How should you update your (degrees of) belief about a proposition when you find out that someone else — as reliable as you are in these matters — disagrees with you about its truth value? There are now several different answers to this question — the question of `peer disagreement' — in the literature, but none, I think, is plausible. Even more importantly, none of the answers in the literature places the peer-disagreement debate in its natural place among the most (...)
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  • Reflection and disagreement.Adam Elga - 2007 - Noûs 41 (3):478–502.
    How should you take into account the opinions of an advisor? When you completely defer to the advisor's judgment, then you should treat the advisor as a guru. Roughly, that means you should believe what you expect she would believe, if supplied with your extra evidence. When the advisor is your own future self, the resulting principle amounts to a version of the Reflection Principle---a version amended to handle cases of information loss. When you count an advisor as an epistemic (...)
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  • Disagreement, Question-Begging and Epistemic Self-Criticism.David Christensen - 2011 - Philosophers' Imprint 11.
    Responding rationally to the information that others disagree with one’s beliefs requires assessing the epistemic credentials of the opposing beliefs. Conciliatory accounts of disagreement flow in part from holding that these assessments must be independent from one’s own initial reasoning on the disputed matter. I argue that this claim, properly understood, does not have the untoward consequences some have worried about. Moreover, some of the difficulties it does engender must be faced by many less conciliatory accounts of disagreement.
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  • Put “proof beyond a reasonable doubt” out to pasture?Larry Laudan - 2012 - In Marmor Andrei (ed.), The Routledge Companion to Philosophy of Law. Routledge. pp. 317.
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