It is widely acknowledged that epistemic modals admit of inter-subjective flexibility. This paper introduces intra-subjective flexibility for epistemic modals and draws on this flexibility to argue that fallibilism is consistent with the standard account of epistemic modals.

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)

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)

This paper offers an articulation and defence of the modal account of legal risk in light of a range of objections that have been proposed against this view in the recent literature. It is argued that these objections all trade on a failure to distinguish between the modal nature of risk more generally, and the application of this modal account to particular decision-making contexts, such as legal contexts, where one must rely on a restricted body of information. It is argued (...) that once the modal account of legal risk is properly understood as involving information-relative judgements about the modal closeness of the target risk event, the objections to the view are neutralized. (shrink)

The goal of this paper is to mark the transition from an anti-luck epistemology to an anti-risk epistemology, and to explain in the process how the latter has advantages over the former. We begin with an account of anti-luck epistemology and the modal account of luck that underpins it. Then we consider the close inter-relationships between luck and risk, and in the process set out the modal account of risk that is a natural extension of the modal account of luck. (...) Finally, we apply the modal account of risk to epistemology in order to develop an anti-risk epistemology, and then explore the merits of this proposal. In particular, it is shown that this account can avoid a theoretical lacuna in anti-luck epistemology, and there is a stronger theoretical motivation for anti-risk epistemology compared with anti-luck epistemology, especially when it comes to explaining why environmental epistemic luck is incompatible with knowledge. (shrink)

In this paper, I provide an account of epistemic anxiety as an emotional response to epistemic risk: the risk of believing in error. The motivation for this account is threefold. First, it makes epistemic anxiety a species of anxiety, thus rendering psychologically respectable a notion that has heretofore been taken seriously only by epistemologists. Second, it illuminates the relationship between anxiety and risk. It is standard in psychology to conceive of anxiety as a response to risk, but psychologists – very (...) reasonably – have little to say about risk itself, as opposed to risk judgement. In this paper, I specify what risk must be like to be the kind of thing to which anxiety can be a response. Third, my account improves on extant accounts of epistemic anxiety in the literature. It is more fleshed out than Jennifer Nagel’s, which is largely agnostic about the nature of epistemic anxiety, focusing instead on what work it does in our epistemic lives. In offering an account of epistemic anxiety as an emotion, my account explains how it is able to do the epistemological work to which Nagel puts it. My account is also more plausible than Juliette Vazard’s, on which epistemic anxiety is an emotional response to potential threat to one’s practical interests. Vazard’s account cannot distinguish epistemic anxiety from anxiety in general, and also fails to capture all instances of what we want to call epistemic anxiety. My account does better on both counts. (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)

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)

Seth Yalcin has pointed out some puzzling facts about the behaviour of epistemic modals in certain embedded contexts. For example, conditionals that begin ‘If it is raining and it might not be raining, … ’ sound unacceptable, unlike conditionals that begin ‘If it is raining and I don’t know it, … ’. These facts pose a prima facie problem for an orthodox treatment of epistemic modals as expressing propositions about the knowledge of some contextually specified individual or group. This paper (...) develops an explanation of the puzzling facts about embedding within an orthodox framework. (shrink)

By “epistemic modals,” I mean epistemic uses of modal words: adverbs like “necessarily,” “possibly,” and “probably,” adjectives like “necessary,” “possible,” and “probable,” and auxiliaries like “might,” “may,” “must,” and “could.” It is hard to say exactly what makes a word modal, or what makes a use of a modal epistemic, without begging the questions that will be our concern below, but some examples should get the idea across. If I say “Goldbach’s conjecture might be true, and it might be false,” (...) I am not endorsing the Cartesian view that God could have made the truths of arithmetic come out differently. I make the claim not because I believe in the metaphysical contingency of mathematics, but because I know that Goldbach’s conjecture has not yet been proved or refuted. Similarly, if I say “Joe can’t be running,” I am not saying that Joe’s constitution prohibits him from running, or that Joe is essentially a non-runner, or that Joe isn’t allowed to run. My basis for making the claim may be nothing more than that I see Joe’s running shoes hanging on a hook. (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)

A very simple contextualist treatment of a sentence containing an epistemic modal, e.g. a might be F, is that it is true iff for all the contextually salient community knows, a is F. It is widely agreed that the simple theory will not work in some cases, but the counterexamples produced so far seem amenable to a more complicated contextualist theory. We argue, however, that no contextualist theory can capture the evaluations speakers naturally make of sentences containing epistemic modals. If (...) we want to respect these evaluations, our best option is a relativist theory of epistemic modals. On a relativist theory, an utterance of a might be F can be true relative to one context of evaluation and false relative to another. We argue that such a theory does better than any rival approach at capturing all the behaviour of epistemic modals. (shrink)

When I tell you that it’s raining, I describe a way the world is—viz., rainy. I say something whose truth turns on how things are with the weather in the world. Likewise when I tell you that the weatherman thinks that it’s raining. Here the truth of what I say turns on how things are with the weatherman’s state of mind in the world. Likewise when I tell you that I think that it’s raining. Here the truth of what I (...) say turns on how things are with my state of mind in the world. (shrink)