In this article, I consider the possibilities and limitations for testimonial justice in an international criminal courtroom. I begin by exploring the relationship between epistemology and criminal law, and consider how testimony contributes to the goals of truth and justice. I then assess the susceptibility of international criminal courts to the two harms of testimonial injustice: epistemic harm to the speaker, and harm to the truth-seeking process. I conclude that international criminal courtrooms are particularly susceptible to perpetrating testimonial injustice. (...) Hearers in the international criminal courtroom should practice testimonial justice, but the institution is not structured in a way that can prevent every instance of testimonial injustice. (shrink)

A consensus in a scientific community is often used as a resource for making informed public-policy decisions and deciding between rival expert testimonies in legal trials. This paper contains a social-epistemic analysis of the high-profile Bendectin drug controversy, which was decided in the courtroom inter alia by deference to a scientific consensus about the safety of Bendectin. Drawing on my previously developed account of knowledge-based consensus, I argue that the consensus in this case was not knowledge based, hence courts’ (...) deference to it was not epistemically justified. I draw sceptical lessons from this analysis regarding the value of scientific consensus as a desirable and reliable means of resolving scientific controversies in public life. (shrink)

Durante los últimos años, el problema de cómo justificar aquellas creencias que se originan en testimonios ha ocupado un lugar central en la epistemología. Sin embargo, muy pocas de esas reflexiones son conocidas en el derecho probatorio. En el presente ensayo analizo la prueba testimonial a la luz de estas reflexiones con el fin de poner de manifiesto los supuestos epistemológicos de algunos principios procesales. En concreto, analizo la legislación colombiana y la estadounidense en el marco de la disputa entre (...) el reduccionismo y el antirreduccionismo en la filosofía del testimonio. Al final sugiero una nueva aproximación epistemológica que replantea los términos de la disputa y que tiene implicaciones importantes para la valoración de la prueba testimonial en los procesos judiciales. (shrink)

This article focuses on the epistemic transition to testimonial justice. It argues that the recognition of testimonial injustice in the context of reproductive rights may play a central role in this transition. First, I show how testimonial injustice undermines women’s legal protection against sexual violence and rights triggered by it such as the right to abortion. Second, I argue that the epistemic transition initiated by the #MeToo and #YoSiTeCreo movements call for transitional justice. In support, I review the circumstances (...) of transitional justice for cases like the transition to testimonial justice. Finally, I focus on the area of reproductive rights. I argue that policies of recognition contribute to epistemic transitional justice and complement other strategies aimed to overcome testimonial injustice such as the virtue of the responsible hearer and institutional compensatory virtues. (shrink)

We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through (...) the analysis of a case study in the English law of evidence. We argue that a clear distinction must be drawn between practical argumentation and stories. Because of the institutional separation between legal judgment and fact-finding in common-law jury trials, we argue for the combination of argument and story-based analysis. (shrink)

Resumen: Una de las formas más comunes y menos estudiadas de parcialidad judicial subjetiva es la disminución de la credibilidad otorgada a un testigo debido a un prejuicio identitario implícito del agente judicial. En la epistemología social, este fenómeno ha sido estudiado bajo la rúbrica de la injusticia testimonial. En este ensayo mostramos que para determinar la ocurrencia de un caso de injusticia testimonial en el derecho se deben cumplir tres condiciones que son imposibles de verificar empíricamente y que están (...) basadas en presupuestos psicológicos que han sido puestos en duda en años recientes. Sin la posibilidad de verificar estas condiciones, estamos frente a un tipo de parcialidad judicial indetectable. En su lugar, ofrecemos una nueva forma de entender la injusticia testimonial en el derecho como un fenómeno más general que describe una tendencia comportamental prejuiciosa recurrente por parte de un agente judicial. Entendida de este modo, la injusticia testimonial es completamente verificable. -/- Abstract: One of the most common and least studied forms of subjective judicial partiality is the credibility deficit suffered by a witness due to an implicit identity prejudice in a judicial agent. Social epistemologists have studied this form of partiality under the rubric, “testimonial injustice.” In this essay we argue that to verify the occurrence of a singular instance of testimonial injustice in law three facts must be established, none of which can be established with any degree of confidence. Furthermore, all of them are based on psychological suppositions that have been recently discredited. Without the possibility of establishing these facts, we end up with an undetectable form of subjective judicial partiality. In its place, we offer a new way of understanding testimonial injustice in law as a general phenomenon that describes a recurrent pattern of prejudiced behavior in a judicial agent. Under this characterization, testimonial injustice becomes empirically verifiable. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to (...) meet the minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

Testimony about the future dangerousness of a person has become a central staple of many judicial processes. In settings such as bail, sentencing, and parole decisions, in rulings about the civil confinement of the mentally ill, and in custody decisions in a context of domestic violence, the assessment of a person’s propensity towards physical or sexual violence is regarded as a deciding factor. These assessments can be based on two forms of expert testimony: actuarial or clinical. The purpose (...) of this paper is to examine the scientific and epistemological basis of both methods of prediction or risk assessment. My analysis will reveal that this kind of expert testimony is scientifically baseless. The problems I will discuss will generate a dilemma for factfinders: on the one hand, given the weak predictive abilities of the branches of science involved, they should not admit expert clinical or actuarial testimony as evidence; on the other hand, there is a very strong tradition and a vast jurisprudence that supports the continued use of this kind of expert testimony. It is a clear case of the not so uncommon conflict between science and legal tradition. (shrink)

This article draws upon the epistemology of testimony to analyse recent English case law on expert evidence. It argues that the courts are implicitly committed to an internalist epistemology and an inferentialist view of testimony, and draws a distinction between testimony which is treated as authoritative (where the fact-finder accepts the inferences drawn by the expert without attempting to assess their validity) and that which is treated as merely persuasive.

Memory Detection Tests (MDTs) are a general class of psychophysiological tests that can be used to determine whether someone remembers a particular fact or datum. The P300 MDT is a type of MDT that relies on a presumed correlation between the presence of a detectable neural signal (the P300 “brainwave”) in a test subject, and the recognition of those facts in the subject’s mind. As such, the P300 MDT belongs to a class of brain-based forensic technologies which have proved popular (...) and controversial in recent years. With such tests increasingly being proffered for use in the courtroom — to either support or call into question testimony — it would behoove the legal system to have some systematic framework for ensuring that they are used responsibly. In this paper, I defend one such framework for ensuring that this is the case: the legitimacy enhancing test. According to this test, it is appropriate to make use of technologies such as the P300 MDT whenever doing so would (probably) enhance the legitimacy of the trial. I argue that this test addresses tensions between scientific and legal norms of evidence, and exhibits a number of additional virtues including unification, simplicity and flexibility. Although the test is defended by considering the example of the P300 MDT, its significance is much broader than that. If it has the virtues I claim for it, it should provide a general framework for the responsible use of technologies, and the responsible innovation of social epistemic systems. (shrink)

This study aimed to assess the effectiveness of remedial instruction in improving the numeracy skills of Grade 7 students at Malbug National High School during the school year 2023-2024. Adopting a quasi-experimental research design, the research focused on Grade 7 students at Malbug National High School, Cawayan East District, Masbate Province Division, Philippines, identified as non-numerates, employing pre-tests and post-tests as essential research tools. The independent variable was the remedial instruction in numeracy, while the dependent variable was students' numeracy performance (...) measured through pre-tests and post-tests. Before the intervention, the pre-test numeracy performance exhibited a varied distribution of students across different score ranges. A majority fell into the "Needs Major Support" category, emphasizing the necessity for targeted interventions. The post-test results, however, revealed a remarkable improvement, with 87.88% of initially non-numerate students achieving scores in the "Transforming" range. A thorough statistical examination validated a notable disparity in the scores obtained before and after the instructional intervention, substantiating the favorable influence of remedial instruction. The calculated t-value of 19.594, exceeding the critical t-value, led to rejecting the null hypothesis. In conclusion, the study emphasizes the need for tailored interventions based on the initial deficiency in numeracy skills. The post-test results underscored the success of remedial instruction in fostering substantial growth. The study recommends sustaining the remedial program, implementing periodic assessments, providing teacher training, involving parents in students' development, allocating adequate resources, and further research in other schools to strengthen findings. (shrink)

This capstone project aimed to enhance the operational efficiency of school transactions at Mary Perpetua E. Brioso National High School (MPEBNHS) in response to challenges posed by the COVID-19 pandemic. This goal was achieved by developing and implementing the Mobile-Based Selected School Services Application, "iSkulSerb." The development of iSkulSerb followed the systematic approach of Borg and Gall's (1983) Research and Development (R&D) methodology for creating and validating educational products. To ensure the validity and reliability of the application, it underwent rigorous (...) examination by both IT and education experts. Additionally, survey questionnaires were administered during the project's implementation to assess the impact of iSkulSerb's features on school stakeholders. The research findings highlighted positive perceptions and outcomes related to iSkulSerb. Stakeholders demonstrated a favorable acceptance of the application, as evidenced by an overall weighted mean of 4.34. The accessibility of school services saw a substantial improvement, reflected in the weighted mean of 4.37. User-friendliness also received positive feedback, with an overall weighted mean of 4.27. These findings suggest that iSkulSerb effectively addresses the challenges faced by the school, contributing to enhanced operational efficiency and improved stakeholder experiences. Given the demonstrated reliability and efficacy of iSkulSerb, there is a compelling case for its widespread adoption across other public schools within the Schools Division of Masbate Province. The positive reception and success metrics indicate that iSkulSerb can serve as a benchmark for other regional schools. (shrink)

El testimonio es nuestra mayor fuente de creencias. La gran mayoría de nuestras creencias han sido adquiridas a partir de las palabras de otros y no a través de la observación directa del mundo. Una de las peculiaridades de la mayor parte de las creencias testimoniales es que son aceptadas sin ninguna deliberación consciente. Mientras el testimonio sea consistente con nuestras creencias y la fuente sea confiable, la reacción más corriente es la aceptación automática de la información (Thagard 2004, 2005). (...) Nuestra confianza en el testimonio de los demás es un requisito no sólo para la construcción colectiva del conocimiento (Hardwig 1985, 1991), sino también para la interacción social en general. Sin embargo existen contextos en los que la aceptación apresurada de un testimonio falso puede tener consecuencias nefastas. En contextos científicos, legales, políticos y financieros, entre otros, se toman decisiones importantes y se implementan políticas cruciales a partir de las afirmaciones de otros. En estos contextos la aceptación de un testimonio debe ser el resultado de un proceso de decisión basado en criterios objetivos de justificación. Sin embargo, existen dos objeciones al intento de justificar la aceptación de un testimonio (Coady 1973, 1992). La primera es que cualquier justificación será irremediablemente circular puesto que la inmensa mayoría de testimonios obtienen su justificación, al menos en parte, de evidencia de tipo testimonial. La segunda es que nuestras inferencias acerca de la confiabilidad de ciertos tipos de testimonio nunca tendrán un apoyo inductivo lo suficientemente fuerte debido a que los casos en los que un tipo de testimonio puede ser verificado directamente en la experiencia nunca serán lo suficientemente numerosos. En este ensayo presento una solución al problema de cómo decidir racionalmente si un testimonio puede ser aceptado como evidencia probatoria en una investigación. Mi propuesta, que está basada en la teoría de revisión de creencias desarrollada por Levi (1984, 1991), muestra que la aceptación justificada de un testimonio está basada en exactamente los mismos mecanismos de adquisición de creencias que operan en el caso de evidencias no testimoniales; al mismo tiempo, la propuesta da cuenta de las particularidades que se presentan en el proceso de evaluación de una evidencia testimonial. Mi tesis es que la decisión de aceptar un testimonio es un proceso que se cumple en dos etapas. En la primera se busca una justificación pare el testimonio buscando todos los hechos que aumenten la probabilidad de que el testimonio sea verdadero, es decir, de que el testigo o declarante esté reportando verídicamente un hecho. La aceptación de estos hechos y de su relación probabilística positiva con respecto al testimonio está basada en la búsqueda de un equilibrio entre su credibilidad y su valor informativo. En la segunda etapa, se determina si la justificación obtenida en la primera es suficiente para la aceptación del testimonio, de nuevo buscando encontrar un equilibrio entre su credibilidad y la utilidad de la información que contiene en promover los intereses y metas cognitivas del investigador. (shrink)

Rules 405(a) and 608(a) of the Federal Rules of Evidence allow the use of testimony about a witness’s reputation to support or undermine his or her credibility in trial. This paper analyzes the evidential weight of such testimony from the point of view of social epistemology and the theory of social networks. Together they provide the necessary elements to analyze how reputation is understood in this case, and to assess the epistemic foundation of a reputational attribution. The result (...) of the analysis will be that reputational testimony is extremely weak from an epistemological point of view, and that in many cases there are more reliable substitutes that achieve a similar purpose. The obvious fix, in my view, is to eliminate the use of reputation testimony to support or undermine the credibility, honesty, chastity or peacefulness of a witness. (shrink)

There is a growing awareness that there are many subtle forms of exclusion and partiality that affect the correct workings of a judicial system. The concept of epistemic injustice, introduced by the philosopher Miranda Fricker, is a useful conceptual tool to understand forms of judicial partiality that often go undetected. In this paper, we present Fricker’s original theory and some of the applications of the concept of epistemic injustice in legal processes. In particular, we want to show that the (...) seed planted by Fricker has flourished into a rich field of study in which the concept is used to analyze many different phenomena in law, not always following the original characterization provided by her. This has led to a distinction between what we will call the narrow version of the concept, which is closer to Fricker’s original account, and the wider version of epistemic injustice, which is a more controversial notion because it is always on the verge of morphing into other well-known concepts like sexism, racial discrimination, oppression, silencing, and gaslighting. We will show that the value of the narrow version is mostly theoretical, and that in order to use the concept of epistemic injustice one must adopt a more liberal understanding of it. (shrink)

Statistical evidence—say, that 95% of your co-workers badmouth each other—can never render resenting your colleague appropriate, in the way that other evidence (say, the testimony of a reliable friend) can. The problem of statistical resentment is to explain why. We put the problem of statistical resentment in several wider contexts: The context of the problem of statistical evidence in legal theory; the epistemological context—with problems like the lottery paradox for knowledge, epistemic impurism and doxastic wrongdoing; and the context (...) of a wider set of examples of responses and attitudes that seem not to be appropriately groundable in statistical evidence. Regrettably, we do not come up with a fully general, fully adequate, fully unified account of all the phenomena discussed. But we give reasons to believe that no such account is forthcoming, and we sketch a somewhat messier account that may be the best that can be had here. (shrink)

Reasoning by default is a relevant aspect of everyday life that has traditionally attracted the attention of many fields of research, from psychology to the philosophy of logic, from economics to artificial intelligence. Also in the field of law, default reasoning is widely used by lawyers, judges and other legal decision-makers. In this paper, a philosopher of language (Carlo Penco) and a philosopher of law (Damiano Canale) attempt to explore some uses of default reasoning that are scarcely considered by (...) legal theory. In particular, the dialogue dwells on the notion of literal meaning, witness testimony, and the problem of disagreement among experts in legal proceedings. The paper is intended as a sort of brain storming useful to identify new lines of research straddling philosophy of law, cognitive psychology and philosophy of language. (shrink)

Social media platforms allow users to perform different speech acts: status updates could be assertives, a like is an expressive, a friendship request is a directive, and so on. But sharing (or "retweeting") seems to lack a fixed illocutive status: this explains why present controversies concerning the sharing of misinformation have been debated in legal procedure and discussed from the point of view of personal responsibility without reaching a general consensus. The premise of this paper is that the diffusion (...) of false or unwarranted information could be better analyzed if we consider sharing a precisely definable speech act. I will describe some dominant interpretations of the act of sharing that are not, however, sufficient to fully explain it. As an alternative, it will be shown that there is a specific illocutive structure of the act of sharing, which not only consists in asserting the "shareworthiness" or the relevance of a content, but is primarily comparable to an "attention-orienting" directive. (shrink)

Whether in the form of testimonial injustice, hermeneutical injustice, or contributory injustice, epistemic injustice is characterised an injustice rather than simply an epistemic harm because it is often motivated by an identity prejudice and exacerbates existing social disadvantages and inequalities. I argue that epistemic injustice can also be utlised against some members of privileged social identity groups in order to preserve the dominant status of the group as a whole. As a case-study, I analyze how the harms to male victims (...) of sexual violence is exacerbated by the failure of the law to recognise the rape of men as a crime and the failure of other people to recognise the testimony of male rape victims as credible. Analyzing shifts in the legal concept of rape and examples from Project Unbreakable, I uncover how these failures of recognition undermine the victims’ status as legal, moral, and epistemic subjects and inflict epistemic injustice against them. (shrink)

Anatomically detailed dolls have been used to elicit testimony from children in sex abuse cases. However, studies have shown they often provide false accounts in young, preschool-age children. Typically this problem is seen as a cognitive one: with age, children can correctly map their bodies onto a doll due to greater intellectual ability to represent themselves. I argue, along with the work of Maurice Merleau-Ponty, that although certainly cognitive developments aid in representing one’s own body, a discussion of embodiment (...) is required in order to understand the use and abuse of anatomical dolls in forensic interviews. This paper will examine these issues and suggest that a better understanding of embodied perception in both adults and children helps show how phenomenology can provide a more nuanced understanding to a troubling ethical and legal problem. (shrink)

What It’s Like to Chill Out With Whom the Rest of the World Considers As The Most Ruthless Men: Ratko Mladic, Goran Hadzic and Radovan Karadzic (+) Confessions of a Female War Crimes Investigator By Jill Louise Starr NJ USA -/- Read My Entire Book Here (True Story) http://sites.google.com/site/thelawprojectscenternycoffices/what-it-s-like-to-chill-out-with-whom-th e-rest-of-the-world-considers-as-the-most-ruthless-men-ratko-mladic-goran-hadzic-and-radovan-karadzi c-confessions-of-a-female-war-crimes-investigator -/- Retrospectively, it was all so simple, natural and matter of fact being on a boat restaurant in Belgrade, sitting with, laughing, drinking a two hundred bottle of wine and chatting about (...) war and peace while Ratko Mladic held my hand. Mladic, a man considered the world’s most ruthless war criminal since Adolf Hitler, still at large and currently having a five million dollar bounty on his head for genocide by the international community. Yet there I was with my two best friends at the time, a former Serbian diplomat, his wife, and Ratko Mladic just chilling. There was no security, nothing you’d ordinarily expect in such circumstances. Referring to himself merely as, Sharko; this is the story of it all came about. Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally LPCYU Home Website -/- Irrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case By Jill Starr I want to stress, in this particular meeting , there was no observer status at the ICC Preparatory Meetings at the United Nations in New York City in 2001. What I did, made a historical precedent. I was asked by, Darko Trifunovic 1st Secretary of the Bosnian MIssion, to take his place, in a CLOSED DOOR UNITED NATIONS MEETING. This means, ONLY HEADS OF AMBASSADORIAL MISSIONS WERE ALLOWED IN THE MEETING. There was no "Observer Status for say NGO's such as Amnesty International." I represented a Country as an American Citizen that day; the Repuklika Srpska. This never occurred before to my knowledge ever. It was an error. My former professor, Arnold Stark, walked me in, A former State Dept. man chosen to be the former Ambassador from the USA to Bonn/Germany (and he declined years back because of his wife at the time). He knew it was illegal. It said on these paper I picked up in the meeting, Anyone, Richard Holbrooke, sat across from me, discussing this meeting outside the meeting itself thereafter , "would be prosecuted to the fullest extent of int'l law." I heard the Ambassadors of the world ALL DISCUS TRADING MONEY FOR ICC AND ICTY COURT VERDICT AS WELL AS FUTURE JUDICIAL APPOINTMENTS -/- http://sites.google.com/site/thelawprojectscenternycoffices/home/irrefutable-proof-icty-is-corrupt-c ourt-irrefutable-proof-the-hague-court-cannot-legitimately-prosecute-karadzic-case -/- http://picasaweb.google.com/lpcyusa/IrrefutableProofICTYIsCorruptCourtIrrefutabl# (The Documentary Secret United Nations ICC Meeting Papers Scanned Images) OR http://community.jigsaw.com/t5/media/gallerypage/user-id/903610# -/- Rea dMore Here _> Read the entire story here My testimonial video on Youtube _> http://www.youtube.com/watch?v=dKe-5LORsGs -/- http://www.youtube.com/watch?v=dKe-5LORsGs (My YouTube VIDEO) -/- This legal technicality indicates the Hague must dismiss charges against Dr Karadzic and others awaiting trials in the Hague jail; like it or not. -/- Unfortunately for the Signatures Of the Rome Statute United Nations member states instituting the ICC & ICTY housed at the Hague, insofar as the, Radovan Karadzic, as with the other Hague cases awaiting trial there, I personally witnessed these United Nations member states having a substantial conversations, and, openly speaking about trading judicial appointments and verdicts for financial funding when I attended the 2001 ICC Preparatory Meetings at the UN in Manhattan making the iCTY and ICC morally incapable trying Radovan Karazdic and others. -/- I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to establish an newly emergent International Criminal Court, the exact caliber of criminal corruption running so very deeply at the Hague, that it was a perfectly viable topic of legitimate conversation in those meetings I attended to debate trading verdicts AND judicial appointments, for monetary funding. -/- Jilly wrote:*The rep from Spain became distraught and when her country’s proposal was not taken to well by the chair of the meeting , then Spain argued in a particularly loud and noticably strongly vocal manner, “Spain (my country) strongly believes if we contribute most financial support to the Hague’s highest court, that ought to give us and other countries feeding it financially MORE direct power over its decisions.” -/- ((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for international judicial verdicts and judicial appointments, all country representatives present in the meeting that day all treated the Spain proposition as a ”totally legitimate topic” discussed and debated it between each other for some time. I was quite shocked! The idea was “let’s discuss it.” "It’s a great topic to discuss." -/- Some countries agreed with Spain’s propositions while others did not. The point here is, bribery for judicial verdicts and judicial appointments was treated as a totally legitimate topic instead of an illegitimate topic which it is in the meeting that I attended in 2001 that day to establish the ground work for a newly emergent international criminal court.)))))))))))))))))))))))))))) -/- In particular., since “Spain” was so overtly unafraid in bringing up this topic of trading financial funding the ICC for influence over its future judicial appointments and verdicts in front of every other UN member state present that day at the UN, “Spain” must have already known by previous experience the topic of bribery was “socially acceptable” for conversation that day. They must have previously spoke about bribing the ICTY and ICC before in meetings; this is my take an international sociological honor student. -/- SPAIN’s diplomatic gesture of international justice insofar as, Serbia, in all of this is, disgusting morally!SPAIN HAS TAUGHT THE WORLD THE TRUE DEFINITION OF AN “INTERNATIONAL CRIMINAL COURT.” -/- I represented the state interests’ of the Former Yugoslavia, in Diplomat Darko Trifunovic’s absence in those meetings and I am proud to undertake this effort on Serbia’s behalf. http://picasaweb.google.com/lpcyusa (My Political Satire Blog) Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally http://sites.google.com/site/jillstarrsite -/- -/- . 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Epistemologists typically assume that the acquisition of knowledge from testimony is not threatened at the stage at which audiences interpret what proposition a speaker has asserted. Attention is instead typically paid to the epistemic status of a belief formed on the basis of testimony that it is assumed has the same content as the speaker’s assertion. Andrew Peet has pioneered an account of how linguistic context sensitivity can threaten the assumption. His account locates the threat in contexts in (...) which an audience’s evidence under-determines which proposition a speaker is asserting. I argue that Peet’s epistemic uncertainty account of the threat is mistaken and I propose an alternative. The alternative locates the threat in contexts that provide factors that give audiences a mistaken psychological certainty or confidence that a speaker has asserted a proposition she has not. (shrink)

Jennifer Lackey’s case “Creationist Teacher,” in which students acquire knowledge of evolutionary theory from a teacher who does not herself believe the theory, has been discussed widely as a counterexample to so-called transmission theories of testimonial knowledge and justification. The case purports to show that a speaker need not herself have knowledge or justification in order to enable listeners to acquire knowledge or justification from her assertion. The original case has been criticized on the ground that it does not really (...) refute the transmission theory, because there is still somebody in a chain of testifiers—the person from whom the creationist teacher acquired what she testifies—who knows the truth of the testified statements. In this paper, we provide a kind of pattern for generating counterexample cases, one that avoids objections discussed by Peter Graham and others in relation to such cases. (shrink)

In some cases, there appears to be an asymmetry in the evidential value of statistical and more individualized evidence. For example, while I may accept that Alex is guilty based on eyewitness testimony that is 80% likely to be accurate, it does not seem permissible to do so based on the fact that 80% of a group that Alex is a member of are guilty. In this paper I suggest that rather than reflecting a deep defect in statistical evidence, (...) this asymmetry might arise from a general constraint on rational inquiry. Plausibly the degree of evidential support needed to justify taking a proposition to be true depends on the stakes of error. While relying on statistical evidence plausibly raises the stakes by introducing new kinds of risk to members of the reference class, paradigmatically `individualized' evidence---evidence tracing back to A's voluntary behavior---can lower the stakes. The net result explains the apparent evidential asymmetry without positing a deep difference in the brute justificatory power of different types of evidence. (shrink)

This paper identifies two distinct dimensions of what might be called testimonial strength: first, in the case of testimony from more than one speaker, testimony can be said to be stronger to the extent that a greater proportion of the speakers give identical testimony; second, in both single-speaker and multi-speaker testimony, testimony can be said to the stronger to the extent that each speaker expresses greater conviction in the relevant proposition. These two notions of testimonial (...) strength have received scant attention in the philosophical literature so far, presumably because it has been thought that whatever lessons we learn from thinking about testimony as a binary phenomenon will apply mutatis mutandis to varying strengths of testimony. This paper shows that this will not work for either of the two aforementioned dimensions of testimonial strength, roughly because less testimony can provide more justification in a way that can only be explained by appealing to the (non-binary) strength of the testimony itself. The paper also argues that this result undermines some influential versions of non-reductionism about testimonial justification. (shrink)

To verify the occurrence of a singular instance of testimonial injustice three facts must be established. The first is whether the hearer in fact has an identity prejudice of which she may or may not be aware; the second is whether that prejudice was in fact the cause of the unjustified credibility deficit; and the third is whether there was in fact a credibility deficit in the testimonial exchange. These three elements constitute the facts of the matter of testimonial injustice. (...) In this essay we argue that none of these facts can be established with any degree of confidence, and therefore that testimonial injustice is an undetectable phenomenon in singular instances. Our intention is not to undermine the idea of testimonial injustice, but rather to set limits to what can be justifiably asserted about it. According to our argument, although there are insufficient reasons to identify individual acts of testimonial injustice, it is possible to recognize recurrent patterns of epistemic responses to speakers who belong to specific social groups. General testimonial injustice can thus be characterized as a behavioral tendency of a prejudiced hearer. (shrink)

This chapter explores two kinds of testimonial trust, what we call ‘evidential trust’ and ‘non-evidential trust’ with the aim of asking how testimonial trust could provide epistemic reasons for belief. We argue that neither evidential nor non-evidential trust can play a distinctive role in providing evidential reasons for belief, but we tentatively propose that non-evidential trust can in some circumstances provide a novel kind of epistemic reason for belief, a reason of epistemic facilitation. The chapter begins with an extensive discussion (...) of standard accounts of both kinds of trust and criticises especially the standard accounts of non-evidential trust. A new account of non-evidential trust is offered that avoids a number of difficulties that plague the standard accounts by rejecting what we call ‘attitude-liability assumptions’. (shrink)

Speakers offer testimony. They also hedge. This essay offers an account of how hedging makes a difference to testimony. Two components of testimony are considered: how testimony warrants a hearer's attitude, and how testimony changes a speaker's responsibilities. Starting with a norm-based approach to testimony where hearer's beliefs are prima facie warranted because of social norms and speakers acquire responsibility from these same norms, I argue that hedging alters both components simultaneously. It changes which (...) attitudes a hearer is prima facie warranted in forming in response to testimony, and reduces how much responsibility a speaker undertakes in testifying. A consequence of this account is that speakers who hedge for strategic purposes deprive their hearers of warrant for stronger doxastic attitudes. (shrink)

Domestic violence and abuse (DVA) are at last coming to be recognised as serious global public health problems. Nevertheless, many women with personal histories of DVA decline to disclose them to healthcare practitioners. In the health sciences, recent empirical work has identified many factors that impede DVA disclosure, known as barriers to disclosure. Drawing on recent work in social epistemology on testimonial silencing, we might wonder why so many people withhold their testimony and whether there is some kind of (...) epistemic injustice afoot here. In this paper, I offer some philosophical reflections on DVA disclosure in clinical contexts and the associated barriers to disclosure. I argue that women with personal histories of DVA are vulnerable to a certain form of testimonial injustice in clinical contexts, namely, testimonial smothering, and that this may help to explain why they withhold that testimony. It is my contention that this can help explain the low rates of DVA disclosure by patients to healthcare practitioners. (shrink)

That testimony is one of the principle bases on which many people hold their religious beliefs is hard to dispute. Equally hard to dispute is that our world contains an array of mutually incompatible religious traditions each of which has been transmitted down the centuries chiefly by way of testimony. In light of this latter it is quite natural to think that there is something defective about holding religious beliefs primarily or solely on the basis of testimony (...) from a particular tradition. The present chapter takes up the question of what that defect consists in. I first consider whether religious diversity entails that a religious believer’s testimony-based beliefs are not formed in a suitably epistemically reliable manner even conditional upon the truth of her religion. After casting doubt on this thought I turn to look at the idea that testimony-based beliefs are subject to defeaters in light of awareness of religious diversity, and I suggest that many such beliefs are not obviously so. According to my diagnosis the problem, rather, is that believers who base their religious beliefs just on testimony will be very unlikely to have reflective (that is, second-order) knowledge even if they possess first-order knowledge, and I explain why this is a notable shortcoming. (shrink)

According to telling based views of testimony (TBVs), B has reason to believe that p when A tells B that p because A thereby takes public responsibility for B's subsequent belief that p. Andrew Peet presents a new argument against TBVs. He argues that insofar as A uses context-sensitive expressions to express p, A doesn't take public responsibility for B's belief that p. Since context-sensitivity is widespread, the kind of reason TBVs say we have to believe what we're told, (...) is not widespread. Peet doesn't identify any problem with his own argument though he does attempt to limit its sceptical potential by identifying special contexts in which TBVs stand a chance of success. A more general defence of TBVs can be provided by showing Peet's argument to be unsound. I argue that Peet's argument is unsound because it requires us to wrongly suppose that speakers do far less labour than their audiences in context-sensitive linguistic communication. I aim to show why—in the context of the epistemology of testimony and the philosophy of language—it's important to recognize the labour that speakers can do, and so can can be held responsible for not doing, in episodes of context-sensitive linguistic communication. (shrink)

In the epistemology of testimony it is often assumed that audiences are able to reliably recover asserted contents. In the philosophy of language this claim is contentious. This paper outlines one problem concerning the recovery of asserted contents, and argues that it prevents audiences from gaining testimonial knowledge in a range of cases. The recovery problem, in essence, is simply that due to the collective epistemic limitations of the speaker and audience speakers will, in certain cases, be insensitive to (...) the ways in which they may be misinterpreted. As a result audiences’ beliefs will often fail the safety and sensitivity conditions on knowledge. Once the problem has been outlined and distinguished from several related problems in the philosophy of language and the epistemology of testimony, a series of responses are considered. The first response holds that audiences possess defeaters in recovery problem cases, and thus wouldn’t form beliefs. The second response holds that the beliefs audiences form are very coarse grained, meaning they are not very vulnerable to failures of safety and sensitivity. The final response holds that the objects of speaker meaning are not propositional. All three responses are found to be unsatisfactory. (shrink)

Can we transmit understanding via testimony in more or less the same way in which we transmit knowledge? The standard view in social epistemology has a straightforward answer: no, we cannot. Three arguments supporting the standard view have been formulated so far. The first appeals to the claim that gaining understanding requires a greater cognitive effort than acquiring testimonial knowledge does. The second appeals to a certain type of epistemic trust that is supposedly characteristic of knowledge transmission (and maybe (...) of the transmission of epistemic goods in general) and that is allegedly incompatible with understanding. The third aims to show that there is a certain aspect of understanding (what epistemologists these days like to call “grasping”) that cannot be passed on to another person via testimony alone. In this article, I show that all of these arguments can be resisted. Thus, there seem to be no compelling reasons to embrace the standard view. (shrink)

Can we gain understanding from testifiers who themselves fail to understand? At first glance, this looks counterintuitive. How could a hearer who has no understanding or very poor understanding of a certain subject matter non-accidentally extract items of information relevant to understanding from a speaker’s testimony if the speaker does not understand what she is talking about? This paper shows that, when there are theories or representational devices working as mediators, speakers can intentionally generate understanding in their hearers by (...) engaging in relevant speech acts without understanding the topic of these speech acts themselves. More specifically, I argue that testifiers can intentionally elicit understanding of empirical phenomena in their hearers even if they themselves lack such understanding – granted that they properly understood the epistemic mediators involved. (shrink)

Unlike other sources of evidence like perception and memory, testimony is intimately related to natural language. That intimacy cannot be overlooked. In this chapter, I show how cross-linguistic considerations are relevant to the epistemology of testimony. I make my case with declaratives containing grammaticalized evidentials. My discussion has a negative and a positive part. For the negative part, it is argued that some definitions of testimony are mistaken because they do not apply to testimony offered by (...) a declarative containing an evidential. The positive component discusses a new puzzle noted by McCready (2015) that evidentials raise about the justificatory status of testimony-based beliefs. (shrink)

I outline what I call the ‘deniability problem’, explain why it is problematic, and identify the range of utterances to which it applies (using religious discourse as an example). The problem is as follows: To assign content to many utterances audiences must rely on their contextual knowledge. This generates a lot of scope for error. Thus, speakers are able to make assertions and deny responsibility for the proposition asserted, claiming that the audience made a mistake. I outline the problem (a (...) limited version of which Fricker 2012 discusses), before explaining why it is problematic. Firstly it blocks testimonial knowledge according to assurance views. Secondly it prevents epistemic buck passing (the importance of which is emphasized by Goldberg 2006 and McMyler 2013). Finally, it removes a key disincentive to dishonesty. The recent literature on context sensitivity (particularly Cappelen and Lepore 2004) seems to entail that the problem applies to a very wide range of utterances. I consider a series of responses which fail to provide a solution, but which help us narrow down the scope of the problem. (shrink)

This article discusses the following question: what epistemic relation must audiences bear to the content of assertions in order to gain testimonial knowledge? There is a brief discussion of why this issue is of importance, followed by two counterexamples to the most intuitive answer: that in order for an audience to gain testimonial knowledge that p they must know that the speaker has asserted p. It is then suggested that the argument generalises and can be made to work on different (...) sets of assumptions about the conditions for knowledge, and the conditions under which a proposition is asserted. (shrink)

The current debate over aesthetic testimony typically focuses on cases of doxastic repetition — where, when an agent, on receiving aesthetic testimony that p, acquires the belief that p without qualification. I suggest that we broaden the set of cases under consideration. I consider a number of cases of action from testimony, including reconsidering a disliked album based on testimony, and choosing an artistic educational institution from testimony. But this cannot simply be explained by supposing (...) that testimony is usable for action, but unusable for doxastic repetition. I consider a new asymmetry in the usability aesthetic testimony. Consider the following cases: we seem unwilling to accept somebody hanging a painting in their bedroom based merely on testimony, but entirely willing to accept hanging a painting in a museum based merely on testimony. The switch in intuitive acceptability seems to track, in some complicated way, the line between public life and private life. These new cases weigh against a number of standing theories of aesthetic testimony. I suggest that we look further afield, and that something like a sensibility theory, in the style of John McDowell and David Wiggins, will prove to be the best fit for our intuitions for the usability of aesthetic testimony. I propose the following explanation for the new asymmetry: we are willing to accept testimony about whether a work merits being found beautiful; but we are unwilling to accept testimony about whether something actually is beautiful. (shrink)

Relying on aesthetic testimony seems problematic. For instance, it seems problematic for me to simply believe or assert that The Velvet Underground's debut album The Velvet Underground and Nico (1964) is amazing solely because you have told me so, even though I know you to be an honest and competent music critic. But why? After all, there do not seem to be similar reservations regarding testimony from many other domains. In this paper, I will argue that relying on (...) aesthetic testimony seems problematic because we are attached to an ideal of aesthetic authenticity and feel that living up to this ideal is anathema to simply relying on aesthetic testimony. (shrink)

I argue, first, that testimony is likely a natural kind (where natural kinds are accurately described by the homoeostatic property cluster theory) and that if it is indeed a natural kind, it is likely necessarily reliable. I argue, second, that the view of testimony as a natural kind and as necessarily reliable grounds a novel, naturalist global reductionism about testimonial justification and that this new reductionism is immune to a powerful objection to orthodox Humean global reductionism, the objection (...) from the too-narrow induction base. (shrink)

This article examines the meaningful intervention that Gert-Jan Van der Heiden’s recent book, The Voice of Misery: A Continental Philosophy of Testimony, makes in the developing field of the philosophy of testimony. I argue that this intervention is accomplished through a phenomenological investigation into the nature of the testimonial object and of the demand that it makes upon one who bears witness. In taking such an approach, I argue, Van der Heiden initiates an ontological turn in the field (...) of testimonial theory, shifting the conversation away from a debate about the conditions in which belief in testimony is justified – a debate that has in many ways defined the field for philosophers in the Anglo-American tradition. I suggest that Van der Heiden’s account is helpful in demonstrating that, in many cases, doing justice to a testimonial object requires an epistemic-ethical attitude other than belief. The article concludes by developing a few questions for Van der Heiden based on my interpretation of his project, including to what extent his phenomenology of testimony can account for how often our receptivity to testimony depends on the default trust that we have in others by virtue of our fundamental immersion in social life. (shrink)

There is an emerging skepticism about the existence of testimonial knowledge-how :387–404, 2010; Poston in Noûs 50:865–878, 2016; Carter and Pritchard in Philos Phenomenol Res 91:181–199, 2015a). This is unsurprising since a number of influential approaches to knowledge-how struggle to accommodate testimonial knowledge-how. Nonetheless, this scepticism is misguided. This paper establishes that there are cases of easy testimonial knowledge-how. It is structured as follows: first, a case is presented in which an agent acquires knowledge-how simply by accepting a speaker’s (...) class='Hi'>testimony. Second, it is argued that this knowledge-how is genuinely testimonial. Next, Poston’s arguments against easy testimonial knowledge-how are considered and rejected. The implications of the argument differ for intellectualists and anti-intellectualists about knowledge-how. The intellectualist must reject widespread assumptions about the communicative preconditions for the acquisition of testimonial knowledge. The anti-intellectualist must find a way of accommodating the dependence of knowledge-how on speaker reliability. It is not clear how this can be done. (shrink)

I present a puzzle – the “puzzle of aesthetic testimony” – along with a solution to it that appeals to the impossibility of testimonial understanding. I'll criticize this solution by defending the possibility of testimonial understanding, including testimonial aesthetic understanding.

Jennifer Lackey ('Testimonial Knowledge and Transmission' The Philosophical Quarterly 1999) and Peter Graham ('Conveying Information, Synthese 2000, 'Transferring Knowledge' Nous 2000) offered counterexamples to show that a hearer can acquire knowledge that P from a speaker who asserts that P, but the speaker does not know that P. These examples suggest testimony can generate knowledge. The showpiece of Lackey's examples is the Schoolteacher case. This paper shows that Lackey's case does not undermine the orthodox view that testimony cannot (...) generate knowledge. This paper explains why Lackey's arguments to the contrary are ineffective for they misunderstand the intuitive rationale for the view that testimony cannot generate knowledge. This paper then elaborates on a version of the case from Graham's paper 'Conveying Information' (the Fossil case) that effectively shows that testimony can generate knowledge. This paper then provides a deeper informative explanation for how it is that testimony transfers knowledge, and why there should be cases where testimony generates knowledge. (shrink)

A natural view of testimony holds that a source's statements provide one with evidence about what the source believes, which in turn provides one with evidence about what is true. But some theorists have gone further and developed a broadly analogous view of memory. According to this view, which this essay calls the “diary model,” one's memory ordinarily serves as a means for one's present self to gain evidence about one's past judgments, and in turn about the truth. This (...) essay rejects the diary model's analogy between memory and testimony from one's former self, arguing first that memory and a diary differ with respect to their psychological roles, and second that this psychological difference underwrites important downstream epistemic differences. The resulting view stands opposed to prominent discussions of memory and testimony, which either, like the diary model, treat memory by analogy to what we naively wish to say about testimony, or which instead attempt to extend to testimony the epistemically preservative role of memory. (shrink)

It is sometimes claimed that faith is a virtue. To what extent faith is a virtue depends on what faith is. One construal of faith, which has been popular in both recent and historical work on faith, is that faith is a matter of taking oneself to have been spoken to by God and of trusting this purported divine testimony. In this paper, I argue that when faith is understood in this way, for faith to be virtuous then it (...) must be accompanied by intellectual humility. I defend this view by showing how someone ought to respond to purported divine testimony if her faith is to be intellectually humble, and how, if it fails in this respect, it will instead be accompanied by the vices of either servility or arrogance. (shrink)

In this paper I defend the claim that testimony can serve as a basic source of knowledge of other people’s mental lives against the objection that testimonial knowledge presupposes knowledge of other people’s mental lives and therefore can’t be used to explain it.

It is generally acknowledged that testifiers can play a central role in the production of knowledge and other valuable epistemic states in others. But does such a role warrant any form of epistemic credit and is an agent more successful qua epistemic agent insofar as she is a successful testifier? I here propose an affirmative answer to both questions. The core of the current paper consists in a sustained defence of this proposal against a series of objections. I further argue (...) that the proposal allows us to recognize an important additional epistemic harm that arises in cases of testimonial injustice beyond those described by Miranda Fricker. Finally, I conclude by distinguishing between four kinds of credit - distinctions that allow us to avoid inappropriately attributing epistemic credit in problematic cases. If the current proposal is correct, our understanding of successful epistemic agents needs to be significantly modified in order to take into account their role in producing epistemically valuable states in others. (shrink)

In this paper, I explore what gives collective testimony its epistemic credentials, through a critical discussion of three competing accounts of the epistemology of collective testimony. According to the first view, collective testimony inherits its epistemic credentials from the beliefs the testimony expresses— where this can be seen either as the beliefs of all or some of the group’s members, or as the beliefs of group itself. The second view denies any necessary connection to belief, claiming (...) instead that the epistemic credentials of collective testimony derive from the reliability or truth-conduciveness of the statement that expresses the testimony. Finally, the third view claims that the epistemic credentials of collective testimony derive from the fact that it involves undertaking a collective commitment to trustworthiness, which makes the group susceptible to rebuke and blame if its testimony is not trustworthy. I argue that this last account holds the most promise for preserving what is distinctive about testimonial knowledge while still underwriting a robust epistemology of collective testimony. (shrink)