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  1. Exploring the proof paradoxes.Mike Redmayne - 2008 - Legal Theory 14 (4):281-309.
    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.
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  • Statistical Evidence, Sensitivity, and the Legal Value of Knowledge.Levi Spectre David Enoch - 2012 - Philosophy and Public Affairs 40 (3):197-224.
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  • The generality problem for reliabilism. E. Conee & R. Feldman - 1998 - Philosophical Studies 89 (1):1-29.
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  • Is it a crime to belong to a reference class.Mark Colyvan, Helen M. Regan & Scott Ferson - 2001 - Journal of Political Philosophy 9 (2):168–181.
    ON DECEMBER 10, 1991 Charles Shonubi, a Nigerian citizen but a resident of the USA, was arrested at John F. Kennedy International Airport for the importation of heroin into the United States.1 Shonubi's modus operandi was ``balloon swallowing.'' That is, heroin was mixed with another substance to form a paste and this paste was sealed in balloons which were then swallowed. The idea was that once the illegal substance was safely inside the USA, the smuggler would pass the balloons and (...)
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  • Misleading Dispositions and the Value of Knowledge.E. J. Coffman - 2010 - Journal of Philosophical Research 35:241-258.
    Gettiered beliefs are those whose agents are subject to the kind of epistemologically significant luck illustrated by Gettier Cases. Provided that knowledge requires ungettiered belief, we can learn something about knowledge by figuring out how luck blocks it in Gettier Cases. After criticizing the most promising of the going approaches to gettiered belief—the Risk of False Belief Approach—, I explain and defend a new approach: the Risk of Misleading Dispositions Approach.Roughly, this view says that a belief is gettiered just in (...)
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  • Misleading Dispositions and the Value of Knowledge.E. J. Coffman - 2010 - Journal of Philosophical Research 35:241-258.
    Gettiered beliefs are those whose agents are subject to the kind of epistemologically significant luck illustrated by Gettier Cases. Provided that knowledge requires ungettiered belief, we can learn something about knowledge by figuring out how luck blocks it in Gettier Cases. After criticizing the most promising of the going approaches to gettiered belief—the Risk of False Belief Approach—, I explain and defend a new approach: the Risk of Misleading Dispositions Approach.Roughly, this view says that a belief is gettiered just in (...)
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  • Truth, knowledge, and the standard of proof in criminal law.Clayton Littlejohn - 2020 - Synthese 197 (12):5253-5286.
    Could it be right to convict and punish defendants using only statistical evidence? In this paper, I argue that it is not and explain why it would be wrong. This is difficult to do because there is a powerful argument for thinking that we should convict and punish defendants using statistical evidence. It looks as if the relevant cases are cases of decision under risk and it seems we know what we should do in such cases (i.e., maximize expected value). (...)
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  • Belief, credence, and norms.Lara Buchak - 2014 - Philosophical Studies 169 (2):1-27.
    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 (...)
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  • Sensitivity, Causality, and Statistical Evidence in Courts of Law.Michael Blome-Tillmann - 2015 - Thought: A Journal of Philosophy 4 (2):102-112.
    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 (...)
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  • Epistemology and the law: why there is no epistemic mileage in legal cases.Marvin Backes - 2020 - Philosophical Studies 177 (9):2759-2778.
    The primary aim of this paper is to defend the Lockean View—the view that a belief is epistemically justified iff it is highly probable—against a new family of objections. According to these objections, broadly speaking, the Lockean View ought to be abandoned because it is incompatible with, or difficult to square with, our judgments surrounding certain legal cases. I distinguish and explore three different versions of these objections—The Conviction Argument, the Argument from Assertion and Practical Reasoning, and the Comparative Probabilities (...)
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  • The Benefit to Philosophy of the Study of its History.Maria Rosa Antognazza - 2015 - British Journal for the History of Philosophy 23 (1):161-184.
    This paper advances the view that the history of philosophy is both a kind of history and a kind of philosophy. Through a discussion of some examples from epistemology, metaphysics, and the historiography of philosophy, it explores the benefit to philosophy of a deep and broad engagement with its history. It comes to the conclusion that doing history of philosophy is a way to think outside the box of the current philosophical orthodoxies. Somewhat paradoxically, far from imprisoning its students in (...)
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  • Naturalized Epistemology and the Law of Evidence.Ronald Allen - unknown
    In «Naturalized Epistemology and the Law of Evidence Revisited», the original target article for the various refutations that I comment on here, I revisited through a slightly different lens the subject of the article that I coauthored with Brian Leiter close to twenty years ago. That article has prompted four responses from Professors Pardo, Spellman, Muffato, and Enoch. Professors Pardo and Spellman basically accept the implications of the original article and offer useful but friendly amendments. Prof. Muffato apparently does not (...)
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  • Naturalized Epistemology and the Law of Evidence Revisited.Ronald J. Allen - unknown
    We revisit Naturalized Epistemology and the Law of Evidence, published twenty years ago. The evolution of the relative plausibility theory of juridical proof is offered as evidence of the advantage of a naturalized approach to the study of the field and law evidence. Various alternative explanations of aspects of juridical proof from other disciplines are examined and their shortcomings described. These competing explanations are similar in their reductive, a priori approaches that are at odds with an empirically oriented naturalized approach. (...)
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  • Explanationism all the way down.Ronald J. Allen - 2008 - Episteme 5 (3):pp. 320-328.
    The probabilistic account of juridical proof meets insurmountable problems. A better explanation of juridical proof is that it is a form of inference to the best explanation that involves the comparative plausibility of the parties’ stories. In addition, discrete evidentiary matters such as relevance and probative value are also best understood as involving inference to the best explanation rather than being probabilistic.
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  • 'More Likely Than Not' - Knowledge First and the Role of Statistical Evidence in Courts of Law.Michael Blome-Tillmann - 2017 - In Carter Adam, Gordon Emma & Jarvis Benjamin (eds.), Knowledge First,. Oxford University Press. pp. 278-292.
    The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical Evidence. While (...)
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  • Epistemic Luck.Fernando Broncano-Berrocal & J. Adam Carter - 1998 - In Edward Craig (ed.), The Routledge Encyclopedia of Philosophy. Routledge.
    In almost any domain of endeavour, successes can be attained through skill, but also by dumb luck. An archer’s wildest shots occasionally hit the target. Against enormous odds, some fair lottery tickets happen to win. The same goes in the case of purely cognitive or intellectual endeavours. As inquirers, we characteristically aim to believe truly rather than falsely, and to attain such standings as knowledge and understanding. Sometimes such aims are attained with commendable competence, but of course, not always. Epistemic (...)
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  • The inescapability of Gettier problems.Linda Zagzebski - 1994 - Philosophical Quarterly 44 (174):65-73.
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  • An analysis of factual knowledge.Peter Unger - 1968 - Journal of Philosophy 65 (6):157-170.
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  • Meta-uncertainty and the proof paradoxes.Katie Steele & Mark Colyvan - 2023 - Philosophical Studies 180 (7):1927-1950.
    Various real and imagined criminal law cases rest on “naked statistical evidence”. That is, they rest more or less entirely on a probability for guilt/liability derived from a single statistical model. The intuition is that there is something missing in these cases, high as the probability for guilt/liability may be, such that the relevant standard for legal proof is not met. Here we contribute to the considerable debate about how this intuition is best explained and what it teaches us about (...)
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  • How to Defeat Opposition to Moore.Ernest Sosa - 1999 - Noûs 33 (s13):141-153.
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  • How to defeat opposition to Moore.Ernest Sosa - 1999 - Philosophical Perspectives 13:137-49.
    What modal relation must a fact bear to a belief in order for this belief to constitute knowledge of that fact? Externalists have proposed various answers, including some that combine externalism with contextualism. We shall find that various forms of externalism share a modal conception of “sensitivity” open to serious objections. Fortunately, the undeniable intuitive attractiveness of this conception can be explained through an easily confused but far preferable notion of “safety.” The denouement of our reflections, finally, will be to (...)
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  • When Does Evidence Suffice for Conviction?Martin Smith - 2018 - Mind 127 (508):1193-1218.
    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. (...)
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  • Recent work on the proof paradox.Lewis D. Ross - 2020 - Philosophy Compass 15 (6):e12667.
    Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.
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  • Rehabilitating Statistical Evidence.Lewis Ross - 2019 - Philosophy and Phenomenological Research 102 (1):3-23.
    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 (...)
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  • Legal proof and statistical conjunctions.Lewis D. Ross - 2020 - Philosophical Studies 178 (6):2021-2041.
    A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...)
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  • Justice in epistemic gaps: The ‘proof paradox’ revisited.Lewis Ross - 2021 - Philosophical Issues 31 (1):315-333.
    This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.
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  • Legal risk, legal evidence and the arithmetic of criminal justice.Duncan Pritchard - 2018 - Jurisprudence 9 (1):108-119.
    It is argued that the standard way that the criminal justice debate regarding the permissible extent of wrongful convictions is cast is fundamentally flawed. In particular, it is claimed that there is an inherent danger in focussing our attention in this debate on different ways of measuring the probabilistic likelihood of wrongful conviction and then evaluating whether these probabilities are unacceptably high. This is because such probabilistic measures are clumsy ways of capturing the level of risk involved, to the extent (...)
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  • Epistemic Luck.Jennifer Lackey - 2006 - Philosophical Quarterly 56 (223):284-289.
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  • Epistemic Luck.Duncan Pritchard - 2005 - Oxford, GB: Oxford University Press UK.
    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 (...)
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  • Anti-Luck Virtue Epistemology.Duncan Pritchard - 2012 - Journal of Philosophy 109 (3):247-279.
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  • Anti-luck epistemology and the Gettier problem.Duncan Pritchard - 2015 - Philosophical Studies 172 (1):93-111.
    A certain construal of the Gettier problem is offered, according to which this problem concerns the task of identifying the anti-luck condition on knowledge. A methodology for approaching this construal of the Gettier problem—anti-luck epistemology—is set out, and the utility of such a methodology is demonstrated. It is argued that a range of superficially distinct cases which are meant to pose problems for anti-luck epistemology are in fact related in significant ways. It is claimed that with these cases properly understood, (...)
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  • Safety vs. sensitivity: Possible worlds and the law of evidence.Michael S. Pardo - 2018 - Legal Theory 24 (1):50-75.
    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 (...)
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  • Juridical proof and the best explanation.Michael S. Pardo & Ronald J. Allen - 2008 - Law and Philosophy 27 (3):223 - 268.
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  • Pragmatic encroachment and legal proof.Sarah Moss - 2021 - Philosophical Issues 31 (1):258-279.
    This paper uses some modest claims about knowledge to identify a significant problem for contemporary American trial procedure. First, suppose that legal proof requires knowledge. In particular, suppose that the defendant in a jury trial is proven guilty only if the jury knows that the defendant is guilty. Second, suppose that knowledge is subject to pragmatic encroachment. In particular, whether the jury knows the defendant is guilty depends on what’s at stake in their decision to convict, including the consequences that (...)
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  • Evidence Matters: Science, Proof, and Truth in the Law.Susan Haack - 2014 - New York, NY: Cambridge University Press.
    Is truth in the law just plain truth - or something sui generis? Is a trial a search for truth? Do adversarial procedures and exclusionary rules of evidence enable, or impede, the accurate determination of factual issues? Can degrees of proof be identified with mathematical probabilities? What role can statistical evidence properly play? How can courts best handle the scientific testimony on which cases sometimes turn? How are they to distinguish reliable scientific testimony from unreliable hokum? These interdisciplinary essays explore (...)
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  • Knowledge: The Safe-Apt View.Christoph Kelp - 2013 - Australasian Journal of Philosophy 91 (2):265-278.
    According to virtue epistemology, knowledge involves cognitive success that is due to cognitive competence. This paper explores the prospects of a virtue theory of knowledge that, so far, has no takers in the literature. It combines features from a couple of different virtue theories: like Pritchard's [forthcoming; et al. 2010] view, it qualifies as what I call an ‘impure’ version of virtue epistemology, according to which the competence condition is supplemented by an additional condition; like Sosa's 2007, 2010 view, it (...)
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  • Pritchard’s Epistemic Luck. [REVIEW]Jennifer Lackey - 2006 - Philosophical Quarterly 56 (223):284–289.
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  • Safety and epistemic luck.Avram Hiller & Ram Neta - 2007 - Synthese 158 (3):303 - 313.
    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.
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  • Legal Probabilism: A Qualified Defence.Brian Hedden & Mark Colyvan - 2019 - Journal of Political Philosophy 27 (4):448-468.
    Journal of Political Philosophy, EarlyView.
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  • Worries about Pritchard’s safety.John Greco - 2007 - Synthese 158 (3):299-302.
    I take issue with two claims that Duncan Pritchard makes in his recent book, "Epistemic Luck". The first concerns his safety-based response to the lottery problem; the second his account of the relationship between safety and intellectual virtue.
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  • Epistemic Entitlement and Luck.Sandy Goldberg - 2014 - Philosophy and Phenomenological Research 91 (2):273-302.
    The aim of this paper is to defend a novel characterization of epistemic luck. Helping myself to the notions of epistemic entitlement and adequate explanation, I propose that a true belief suffers from epistemic luck iff an adequate explanation of the fact that the belief acquired is true must appeal to propositions to which the subject herself is not epistemically entitled. The burden of the argument is to show that there is a plausible construal of the notions of epistemic entitlement (...)
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  • A causal theory of knowing.Alvin I. Goldman - 1967 - Journal of Philosophy 64 (12):357-372.
    Since Edmund L. Gettier reminded us recently of a certain important inadequacy of the traditional analysis of "S knows that p," several attempts have been made to correct that analysis. In this paper I shall offer still another analysis (or a sketch of an analysis) of "S knows that p," one which will avert Gettier's problem. My concern will be with knowledge of empirical propositions only, since I think that the traditional analysis is adequate for knowledge of nonempirical truths.
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  • Profiling and Proof: Are Statistics Safe?Georgi Gardiner - 2020 - Philosophy 95 (2):161-183.
    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 (...)
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  • Crime and Punishment.Lindsay Farmer - 2020 - Criminal Law and Philosophy 14 (2):289-298.
    This is a review essay of Lagasnerie, Judge and Punish and Fassin, The Will to Punish. It explores the way that these two books challenge conventional thinking about the relationship between crime and punishment.
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  • Statistical Evidence, Sensitivity, and the Legal Value of Knowledge.David Enoch, Levi Spectre & Talia Fisher - 2012 - Philosophy and Public Affairs 40 (3):197-224.
    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 (...)
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  • Does legal epistemology rest on a mistake? On fetishism, two‐tier system design, and conscientious fact‐finding.David Enoch, Talia Fisher & Levi Spectre - 2021 - Philosophical Issues 31 (1):85-103.
    Philosophical Issues, Volume 31, Issue 1, Page 85-103, October 2021.
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  • Lottery judgments: A philosophical and experimental study.Philip A. Ebert, Martin Smith & Ian Durbach - 2018 - Philosophical Psychology 31 (1):110-138.
    In this paper, we present the results of two surveys that investigate subjects’ judgments about what can be known or justifiably believed about lottery outcomes on the basis of statistical evidence, testimonial evidence, and “mixed” evidence, while considering possible anchoring and priming effects. We discuss these results in light of seven distinct hypotheses that capture various claims made by philosophers about lay people’s lottery judgments. We conclude by summarizing the main findings, pointing to future research, and comparing our findings to (...)
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  • Trial by Statistics: Is a High Probability of Guilt Enough to Convict?Marcello Di Bello - 2019 - Mind 128 (512):1045-1084.
    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 (...)
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  • Between Probability and Certainty: What Justifies Belief.Martin Smith - 2016 - Oxford, GB: Oxford University Press UK.
    This book explores a question central to philosophy--namely, what does it take for a belief to be justified or rational? According to a widespread view, whether one has justification for believing a proposition is determined by how probable that proposition is, given one's evidence. In this book this view is rejected and replaced with another: in order for one to have justification for believing a proposition, one's evidence must normically support it--roughly, one's evidence must make the falsity of that proposition (...)
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  • Philosophical explanations.Robert Nozick - 1981 - Cambridge, Mass.: Harvard University Press.
    Nozick analyzes fundamental issues, such as the identity of the self, knowledge and skepticism, free will, the foundations of ethics, and the meaning of life.
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