The standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to support an even higher (...) standard have been offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty. (shrink)

I comment on two analyses of the Simonshaven case: one by Prakken (2019), based on arguments, and the other by van Koppen and Mackor (2019), based on scenarios (or stories, narratives). I argue that both analyses lack a clear account of proof beyond a reasonable doubt because they lack a clear account of the notion of plausibility. To illustrate this point, I focus on the defense argument during the appeal trial and show that both analyses face difficulties (...) in modeling key features of this argument. (shrink)

In this essay I analyze a passage from Ludwig Wittgenstein’s On Certainty. This excerpt contains the expression “O, rubbish!” (Ach Unsinn), which I consider to be closely related to the notions of “bullshit” developed by Harry Frankfurt and Gerald A. Cohen. The relevance of this essay is illustrated with lively examples, both related to contemporary society and identified by Wittgenstein about 70 years ago. The paper is organized in six sections containing 1) an introduction to the topic, 2) an explanation (...) of “bullshit” as found in the works of Frankfurt and Cohen, 3) an explanation of Wittgenstein’s work on certainty and propositions beyond doubt, 4) an identification of reasonable and unreasonable doubt and their connection to “bullshit”, 5) an explanation of the different kinds of “bullshit” with the intention of mapping them in relation to each other, and 6) a summarizing conclusion. The main purpose of this paper is to expound on Wittgenstein’s views on “bullshit” and relate them to contemporary philosophy of nonsense. (shrink)

Sentencing outcomes turn on moral and evaluative determinations. For example, a finding of “irreparable corruption” is generally a precondition for juvenile life without parole. A finding that the “aggravating factors outweigh the mitigating factors” determines whether a defendant receives the death penalty. Should such moral determinations that expose defendants to extraordinary penalties be subject to a standard of proof? A broad range of federal and state courts have purported to decide this issue “in the abstract and without reference to our (...) sentencing case law,” as the Supreme Court recently put it. Kansas v. Carr, 577 U.S. 108, 119 (2016). According to these courts, “it would mean nothing” to ask whether the defendant “deserves mercy beyond a reasonable doubt” or “more-likely-than-not deserves it” because moral questions are not “factual.” Instead, moral determinations are highly subjective “value calls” to which concepts of doubt and certainty do not intelligibly apply. -/- Implicit in these rulings is a controversial view of the nature of moral judgment. This Article traces the contours of the view and argues that it is out of step with the way the broader public thinks about morality and fails to address the issues defendants have raised. Courts should avoid wading into such controversial waters for two reasons. First, the judiciary has historically maintained neutrality on issues of significant public concern. Second, even if moral determinations are not factual, applying a standard of proof to at least some moral decisions at sentencing would change the outcome of the sentencer’s deliberations, and improve the legitimacy of the legal system. For the reasonableness of doubt depends on context; and moral questions—"are you certain the defendant deserves death?”—make salient the stakes relative to which a person should decide what to believe about ordinary empirical matters. On the resulting view, reasonable doubt in the final moral analysis is not just intelligible, but essential for correcting a bias in the structure of the bifurcated criminal trial that systematically disadvantages defendants: the tendency for de-contextualized "factual findings” in the guilt phase to control outcomes at sentencing. (shrink)

According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a (...) person knows a proposition when their evidence rules out all relevant error possibilities. I adapt this framework to model three legal standards of proof—the preponderance of evidence, clear and convincing evidence, and beyond reasonable doubt standards. I describe virtues of this framework. I argue that, by eschewing numerical thresholds, the relevant alternatives framework avoids problems inherent to rival models. I conclude by articulating aspects of legal normativity and practice illuminated by the relevant alternatives framework. (shrink)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- (...) A family of influential cases suggests standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

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

How does doubt come about? What are the mechanisms responsible for our inclinations to reassess propositions and collect further evidence to support or reject them? In this paper, I approach this question by focusing on what might be considered a distorting mirror of unreasonable doubt, namely the pathological doubt of patients with obsessive–compulsive disorder (OCD). Individuals with OCD exhibit a form of persistent doubting, indecisiveness, and over-cautiousness at pathological levels (Rasmussen and Eisen in Psychiatr Clin 15(4):743–758, 1992; (...) Reed in Obsessional experience and compulsive behaviour: a cognitive-structural approach, Academic Press, Cambridge, 1985; Tolin et al. in Cogn Ther Res 27(6):657–669, 2003). I argue that the failure in OCD is of an affective nature, involving both excessive epistemic anxiety and hyperactive feelings of uncertainty. I further argue that our adaptive disposition to inquire about the right matters—that is, about propositions which are both epistemically risky and imply harmful possibilities—might depend on these affective mechanisms. (shrink)

Kant’s doctrine of the Fact of Reason is one of the most perplexing aspects of his moral philosophy. The aim of this paper is to defend Kant’s doctrine from the common charge of dogmatism. My defense turns on a previously unexplored analogy to the notion of ‘matters of fact’ popularized by members of the Royal Society in the seventeenth century. In their work, ‘facts’ were beyond doubt, often referring to experimental effects one could witness first hand. While Kant (...) uses the German equivalent in different contexts, I argue that the scientific analogy opens up a new framework for interpreting his strategy of justification in the Critique of Practical Reason. In the final section, I address a few possible objections to my reading, one of which I anticipate coming from Dieter Henrich and Ian Proops, who have argued that Kant’s Fact of Reason is best understood under a legal analogy. (shrink)

Dual-role approaches to reasons say, roughly, that reasons can relate to actions in two fundamentally different ways: they can either require conformity, or justify an action without requiring that it be taken. This paper develops a formal dual-role approach, combining ideas from defeasible logic and practical philosophy. It then uses the approach to shed light on the phenomenon of supererogation and resolve a well-known puzzle about supererogation, namely, Horton’s All or Nothing Problem.

The use of evidence to resolve uncertainties is key to many endeavours, most conspicuously science and law. Despite this, the logic of uncertainty is seldom taught explicitly, and often seems misunderstood. Traditional educational practice even fails to encourage students to identify uncertainty when they express knowledge, though mark schemes that reward the identification of reliable and uncertain responses have long been shown to encourage more insightful understanding. In our information-rich society the ability to identify uncertainty is often more important than (...) the possession of knowledge itself. In both science and law there are fundamentally different kinds of uncertainty at issue. There is uncertainty whether a particular hypothesis is correct, and there is uncertainty about observable data that may be generated if a particular hypothesis is correct. Both are expressed in terms of probabilities. Each has its own domain of application and its own logic, but the inter-relationship is complex and sometimes misunderstood. Hypothesis probabilities are always open to error through possible failure to take account of realistic alternatives, while the proper inferences that can be drawn from data probabilities (often in the context of significance testing) are quite limited and easily over-interpreted. When considering these two kinds of probability in a court of law it is possible to interpret the phrase 'reasonable doubt' in different ways. It can be seen as addressing data uncertainty: whether such incriminating evidence might with reasonable probability arise to confront an innocent person. Or (the more conventional view) it can be seen as some sort of threshold level on the probability that the defendant is guilty (a hypothesis probability). Each typically involves elements of subjective judgement, but fewer issues and uncertainties arise when considering the data probability and it is argued that this is often the more critical and proper issue for a jury to address. This has particular repercussions for cases involving identification of a suspect through trawl of a DNA or other database. (shrink)

This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not suffice for legal (...) proof. I then introduce and motivate a knowledge-centred explanation of this fact. The knowledge-centred explanation rests on two premises. The first is that legal proof requires knowledge of culpability. The second is that one cannot attain knowledge that p from bare statistical evidence that p. To motivate the second premise, I suggest that beliefs based on bare statistical evidence fail to be safe—they could easily be wrong—and bare statistical evidence cannot eliminate relevant alternatives. -/- I then cast doubt on the first premise; I argue that legal proof does not require knowledge. I thereby dispute the knowledge-centred explanation of the inadequacy of bare statistical evidence for legal proof. Instead of appealing to the nature of knowledge, I suggest we should seek a more direct explanation by appealing to those more foundational epistemic properties, such as safety or eliminating relevant alternatives. (shrink)

Beyond reasonable doubt, the influence of Western culture and civilizations has enervated traditional African family systems, and their functions as providers of social welfare. Hitherto, traditional African family and clan by extension served as the plausible medium by which Africans proffered solutions to those social, economic and other existential problems found within their communities. However, measuring and evaluating the successes of the various social welfare programs organized by the family and clan was a difficult task to achieve. (...) It seems the services rendered merely controlled the social problems but did not improve the standard of living of the victims. This paper seeks to critically analyse the traditional African family system and its role as a provider of social welfare and argues that it can complement the Western models towards holistic social integration. Thus this work adopts the theory of change as a tool for understanding how Western models of social welfare should be integrated with traditional African approaches to care for the ‘weak’ in the society. Advocating for a paradigm shift from the modern models of providing social welfare to the traditional African family and clan model is consequent upon the claim that the latter is more embracing in approach. (shrink)

Genevieve Lloyd’s Spinoza is quite a different thinker from the arch rationalist caricature of some undergraduate philosophy courses devoted to “The Continental Rationalists”. Lloyd’s Spinoza does not see reason as a complete source of knowledge, nor is deductive rational thought productive of the highest grade of knowledge. Instead, that honour goes to a third kind of knowledge—intuitive knowledge (scientia intuitiva), which provides an immediate, non-discursive knowledge of its singular object. To the embarrassment of some hard-nosed philosophers, intellectual intuition has an (...) affective component; it is a form of love, and ultimately given that human beings are finite modes of God/Nature (Deus sive Natura), it is a form of the intellectual love of God (amor Dei intellectualis). Some philosophers do not know what to make of this mysterious aspect of Spinoza’s philosophy, which is nonetheless firmly anchored in a reading of Part V of the Ethics. Nonetheless, this note will insist with Lloyd’s “Reconsidering Spinoza’s Rationalism” that such doctrine is an integral part of Spinoza’s philosophy. Moreover, it will be shown that Spinoza is well aware of the limitations of reason (ratio) in gaining scientific knowledge of the world and requires intuition precisely because of the inability of reason to represent individuals in their full particularity. Imagination too has a role to play in shaping scientific knowledge, although reason performs a vital critical role in disciplining and liberating the human mind from inadequate imaginary ideas. The result is an interpretation of Spinoza’s epistemology as both rationalist and intuitionist. DOI: 10.1080/24740500.2021.1962652. (shrink)

Preface/Introduction: The question under discussion is metaphysical and truly elemental. It emerges in two aspects — how did we come to be conscious of our own existence, and, as a deeper corollary, do existence and awareness necessitate each other? I am bold enough to explore these questions and I invite you to come along; I make no claim to have discovered absolute answers. However, I do believe I have created here a compelling interpretation. You’ll have to judge for yourself. -/- (...) What follows is the presentation of three essays I have worked on over the past several years seeing publication for the first time. “Hollows of Experience” was written first as an invited chapter for a collection on the ontology of consciousness. However, when cuts became necessary, my chapter got the knife. Its length has prohibited it from publication in any print journal. “Myth and Mind” was written next as a journal article, but as my involvement with it grew so did its length, so it has also idled on my websty awaiting its call. “From Panexperientialism to Conscious Experience” was written most recently, but it is the only one to have been available to the public elsewhere than my own website. Under the name, “The Continuum of Experience”, it was Target Article #95 on the recently closed Karl Jaspers Forum (for discussion purposes only). -/- I have put them in a different sequence here, for reasons of logical sense. Up first, “Panexperientialism” deals with an idea difficult for many to accept, namely that conscious experience is a particular mode of symbolically reflected experience that is largely unique to our species. However, I aver that experienced sensation in itself (as found, for example, in autonomic sensory response systems) goes “all the way down” into nature, and thus the title, panexperientialism. -/- Understanding this idea is helpful to dealing with the focus on language in Part I of “Hollows”, next, since here speech and general symbolic interaction in general are found to be the catalysts for the creation of our consciously experienced world (our “lived reality”). In Part II, however, I explore how experienced sensations must be coeval with existence, and, with even greater temerity, how all this sensational existence might have arisen within some literally inconceivable background of awareness-in-itself that yet has a dynamism that occasionally breaks into existence as experiential events and entities. (The latter may sound wacky, but physicists and cosmologists are themselves attempting to come to terms with that which seethes with vast potential energy in what they refer to as the quantum vacuum.) -/- “Myth and Mind” was put third since it deals with a major lacuna in “Hollows” — that presumed prehistoric period when members of our species made the painful crossing of the symbolic threshold into the beginnings of cultural consciousness. Speech plays a central role here, too, but I look more at narrative structures from the dawn of self-awareness when ritual and myth became vital to human survival. Why would fantastic stories and bizarre rituals be necessary? I speculate that growing foresight led to the unavoidable realization of certain mortality, from which, in turn, emerged the secondary realization that we were now alive. In contrast to our yet-to-come death, we have life here and now, and by ritually identifying with a symbolically expanded mythic, i.e., sacred, reality, we may continue to live on after bodily death, just as our ancestors and loved ones must also do. Language and mythmaking are necessary to avoid mortal despair and they remain at the core of human consciousness. -/- As Ernst Cassirer (1944) has noted, language and myth are “twin creatures”, both metaphoric webs over a reality we can never wholly comprehend. We live in the symbolic and construct our works of imagination and wars of conquest to make life meaningful, to feel immortal, and to sense that we ourselves participate in a reality greater than ourselves. No doubt we do, but this does not mean our culturally constructed self-identities survive the death of our bodies, and it does not imply that our symbolic concepts can ever indicate the ultimate truth. We simply must symbolize an extended reality that was sacred to our ancestors: “Is it not our way, as illusory as it may be, to force continuance on our world and our life in the face of their inevitable ending? Are we not compelled to extend those imaginary horizons as far as we can despite the terror and the sometime joy their extension incites? Is their closure not a form of death?” (Crapanzano, p. 210) -/- Of course, this leaves me in the uncomfortable position of being forced to admit that this venture of mine must inevitably be another attempt at meaningful mythmaking. But what else could it be? This is certainly not a scientific proof though it is indeed an academically rigorous exploration. (Just try to count the citations!) I hope the reader will judge my thesis on the basis of its coherence, the sense of meaning it evokes, my intellectual responsibility, and, finally, the engagement it inspires. If you have read my expositions and found yourself immersed in the timeless questions I here call forth, I would call these writings successful (even if you violently disagree with my answers). -/- I am very grateful to Huping Hu for granting me this special issue of JCER in which to present my ideas in some detail. He has patiently dealt with my exuberant approach and allowed the many changes I kept coming up with right until the final publication date. I also wish to thank the many potential commentators who politely replied to my invitation, and, even more, I thank those who made time to write actual commentaries. -/- References -/- Cassirer, E. (1944). An Essay on Man: An Introduction to a Philosophy of Human Culture. New Haven/London: Yale UP. -/- Crapanzano, V. (2004). Imaginative Horizons: An Essay in Literary-Philosophical Anthropology. Chicago: U of Chicago Press. -/- Gregory M. Nixon University of Northern British Columbia Prince George, British Columbia, Canada Email: [email protected] Websty: http://members.shaw.ca/doknyx. (shrink)

Reasons-first theorists claim that facts about reasons for attitudes are normatively primitive, and that all other normative facts ultimately reduce to facts about reasons. According to their view, for example, the fact that something is good ultimately reduces to facts about reasons to favour it. I argue that these theories face a challenging dilemma due to the normativity of arational lifeforms, for instance the fact that water is good for plants. If all normative facts are, ultimately, facts about reasons for (...) attitudes, then reasons-first theorists must either (a) show that these facts do reduce to facts about reasons, or (b) concede that they do not and, instead, show that this is not a problem for their view. Both options, however, are riddled with difficulties—or so I will try to argue. (shrink)

In this paper I respond to Marcello Di Bello’s criticisms of the ‘normic account’ of the criminal standard of proof. In so doing, I further elaborate on what the normic account predicts about certain significant legal categories of evidence, including DNA and fingerprint evidence and eyewitness identifications.

First, I argue that the contestability of the term “terrorism” is insufficient to justify the targeting of those who are innocent noncombatants beyond reasonable doubt; second, that states could be as vicious, if not even more so, than nonstate actors could be in perpetrating acts that might be described as terrorism, and, third, that an adequate definition of international terrorism must focus on the actual victims of such despicable acts.

In my replies to some of my critics I argue that while the practice of terrorism is never justified, I concede that it is rarely but sometimes excused. As result, those who engage in excusable terrorism has a substantial burden of proof. They need to offer a compelling argument to show that the harm caused by their terrorist violence is actually excused by the extenuating circumstances and the goal that they are trying to achieve, so they will not be morally (...) or legally blameworthy for bringing about such harm. I am assuming that they will need to demonstrate that the alleged harm is excusable because it is necessary to accomplish a worthy goal and there is no other reasonable way to obtain such a worthy goal without deliberately harming those who can be reasonably conceived of as impeccably or objectively innocent. That is, those who are innocent beyond reasonable doubt. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

There was a time in my school years when I have learned about Achilles and Tortoise “paradox” originated from Zeno. It was then clear that the ancient Greeks were arguing about this problem but contemporary science has clarified the issue. Yet to my surprise the problem is still debated over and over, despite the fact there exist mathematical proofs. I feel like reminding myself why this is not a paradox beyond reasonable doubt. This is a draft to (...) a section of a future publication. (shrink)

This book has been written for eighteen year olds (or anyone who will listen) as an honest attempt to face their justified questionings and to offer them a metaphysical framework with which to confront the twenty-first century. It is vitally important that certain modes of thought are uprooted and new modes put in their place if mankind and planet Earth are not soon to suffer an historic global catastrophe. Apart from the continuing world-wide proliferation of conventional, chemical, biological and nuclear (...) weaponry, the temperature of the planet has risen more rapidly in the last twenty-five years than it has since the year 900AD, which confirms global warming by some cause or other. These and the many intensifying human conflicts and natural disasters demand that some fundamental changes to our thinking are made as soon as possible. These 120 pages begin with an original examination of the quantum-theoretical understanding of reason (logic) and reality (existence) and find both to be at odds with common sense. A theory of everything is a reduction to a single grand idea! A quantum theory of everything is a mathematical theory of a consciousness realizing this grand idea! That is what this book tries to comprehend by means of five indisputable propositions. (shrink)

Under the independence and competence assumptions of Condorcet’s classical jury model, the probability of a correct majority decision converges to certainty as the jury size increases, a seemingly unrealistic result. Using Bayesian networks, we argue that the model’s independence assumption requires that the state of the world (guilty or not guilty) is the latest common cause of all jurors’ votes. But often – arguably in all courtroom cases and in many expert panels – the latest such common cause is a (...) shared ‘body of evidence’ observed by the jurors. In the corresponding Bayesian network, the votes are direct descendants not of the state of the world, but of the body of evidence, which in turn is a direct descendant of the state of the world. We develop a model of jury decisions based on this Bayesian network. Our model permits the possibility of misleading evidence, even for a maximally competent observer, which cannot easily be accommodated in the classical model. We prove that (i) the probability of a correct majority verdict converges to the probability that the body of evidence is not misleading, a value typically below 1; (ii) depending on the required threshold of ‘no reasonable doubt’, it may be impossible, even in an arbitrarily large jury, to establish guilt of a defendant ‘beyond any reasonable doubt’. (shrink)

I argue that we can reason not only to new beliefs but to basically any change in attitude we can think of, including the abandonment of belief (contra John Broome), the acquisition of non-belief attitudes like relief and admiration, and the elimination of the same. To argue for this position, which I call generalism, I defend a sufficient condition on reasoning, roughly that we can reason to any change in attitude that is expressed by the conclusion of an argument we (...) can be convinced by. I then produce examples of such arguments, and argue that they are indeed arguments. To produce such examples of the elimination of non-doxastic attitudes, I develop the idea of a state of attitudinal constraint acceptance, and show how it is useful for solving this problem, and useful in other parts of philosophy as well. (shrink)

The main aim of this book is to introduce the topic of limited awareness, and changes in awareness, to those interested in the philosophy of decision-making and uncertain reasoning.

To hold developers responsible, it is important to establish the concept of AI ownership. In this paper we review different obstacles to ownership claims over advanced intelligent systems, including unexplainability, unpredictability, uncontrollability, self-modification, AI-rights, ease of theft when it comes to AI models and code obfuscation. We conclude that it is difficult if not impossible to establish ownership claims over AI models beyond a reasonable doubt.

Over almost a half-century, evidence law scholars and philosophers have contended with what have come to be called the “Proof Paradoxes.” In brief, the following sort of paradox arises: Factfinders in criminal and civil trials are charged with reaching a verdict if the evidence presented meets a particular standard of proof—beyond a reasonable doubt, in criminal cases, and preponderance of the evidence, in civil trials. It seems that purely statistical evidence can suffice for just such a level (...) of certainty in a variety of cases where our intuition is that it would nonetheless be wrong to convict the defendant, or find in favor of the plaintiff, on merely statistical evidence. So, we either have to convict with statistical evidence, in spite of an intuition that this is unsettling, or else explain what (dispositive) deficiency statistical evidence has. -/- Most scholars have tried to justify the resistance to relying on merely statistical evidence: by relying on epistemic deficiencies in this kind of evidence; by relying on court practice; and also by reference to the psychological literature. In fact, I argue, the epistemic deficiencies philosophers and legal scholars allege are suspect. And, I argue, while scholars often discuss unfairness to civil defendants, they ignore a long history of relying on statistical evidence in a variety of civil matters, including employment discrimination, toxic torts, and market share liability cases. Were the dominant arguments in the literature to prevail, it would extremely difficult for plaintiffs to recover in a variety of cases. -/- The various considerations I advance lead to the conclusion that when it comes to naked statistical evidence, philosophers and legal scholars who argue for its insufficiency have been caught with their pants down. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective of (...) law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

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 (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

Understanding Gravity correctly has a pivotal importance if we would like to understand Anti-gravity. Famously, with the existing theories for Gravity we cannot achieve that. While exploring questions related to Gravity, I realized that it demands reconsidering the nature of Vacuum. For this reason, in this article you will find not only alternative description of the nature of Vacuum, but I also will provide the idea to test it with results that will prove beyond any doubt what it (...) is made of after all. Turns out that mechanisms causing what I call the "Effect of Gravity" might be very simple. Also, this effect might be directly linked to the Magnetism or the magnetic field of Earth, even though objects are not attracted by it. Instead, they are attracted because of it. (shrink)

The standard account of supererogation holds that Liv is not morally required to jump on a grenade, thereby sacrificing her life, to save the lives of five soldiers. Many proponents defend the standard account by appealing to moral rationalism about requirement. These same proponents hold that Bernie is morally permitted to jump on a grenade, thereby sacrificing his life, to spare someone a mild burn. I argue that this position is unstable, at least as moral rationalism is ordinarily defended. The (...) proponent of the standard account of supererogation must either reject moral rationalism or endorse that Bernie is morally required to remain in safety. Along the way, this paper brings together three neglected topics: going *too far* beyond the call of duty, moral rationalism about *permission*, and how to weigh reasons when some reasons have a different proportion of justifying and requiring weight than others. (shrink)

For the past half-century, both jurisprudence and epistemology have been haunted by questions about why individual evidence (i.e., evidence which picks out a specific individual) can sufficiently justify a guilty or liable verdict while bare statistical evidence (i.e., statistical evidence which does not pick out a specific individual) does not sufficiently justify such a verdict. This thesis examines three popular justifications for such a disparity in verdicts – Judith Jarvis Thomson’s causal account, Enoch et al.’s sensitivity account, and Sarah Moss’ (...) knowledge-first account, before critiquing each in turn. After such an analysis, the thesis then defends the claim that legal verdicts require the factfinder (e.g., the judge or jury) to have a justified de re belief (i.e., a belief about a specific object – namely the defendant), and that this doxastic requirement justifies the disparity in rulings, as it is epistemically insufficient to justify a de re belief based on bare statistical evidence alone. A brief account of how these beliefs are formed and spread is also given. After making such a distinction, the thesis then formalizes the burdens of proof of the preponderance of the evidence and beyond a reasonable doubt using the de re/de dicto distinction. Finally, the thesis pre-empts possible objections, namely by providing an account of DNA evidence as individual evidence and giving an account of how false convictions can occur on the de re view of legal proof. (shrink)

With a focus on Asian philosophical traditions, this book examines varieties of philosophical thought and self-transformative practice that do not fit neatly on one side or another of the standard Western division between philosophy and religion. It contains chapters by experts on Buddhist, Confucian, Taoist, Upaniṣadic and Jain philosophies, as well as ancient Greek philosophy and recent contemplative and spiritual movements. The authors problematize the notion of a European philosophical canon distinguished by "reason and rationality" in contrast to “religious Eastern (...) wisdom-traditions,” which are purportedly grounded in “faith.” These essays lay the groundwork needed to rethink dominant historical and conceptual categories from a wider global perspective to arrive at a deeper, more plural understanding of the diverse nature of both philosophy and religion. (shrink)

The paper has two aims. The first is to propose a general framework for organizing some central questions about normative practical reasons in a way that separates importantly distinct issues that are often run together. Setting out this framework provides a snapshot of the leading types of view about practical reasons as well as a deeper understanding of what are widely regarded to be some of their most serious difficulties. The second is to use the proposed framework to uncover and (...) diagnose what I believe is a structural problem that plagues the debate about practical reasons. A common move in the debate involves a proponent of one type of view offering what she and others proposing that type consider to be a devastating criticism of an opposing type of view, only to find that her criticism is shrugged off by her opponents as easy to answer, misguided, or having little significance for their view. This isn’t due to conceptual blindness or mere slavish devotion to a theory but something fundamental about the argumentative structure of a debate over genuinely shared issues. Hence, the debate about practical reasons suffers from argumentative gridlock. The proposed framework helps us to see why this is so, and what we might do to move beyond it. (shrink)

In this paper, I join the so-called voluntarism debate on Descartes’s theory of will and judgment, arguing for an indirect doxastic voluntarism reading of Descartes, as opposed to a classic, or direct doxastic voluntarism. More specifically, I examine the question whether Descartes thinks the will can have a direct and full control over one’s suspension of judgment. Descartes was a doxastic voluntarist, maintaining that the will has some kind of control over one’s doxastic states, such as belief and doubt. (...) According to a long-held reading, the control that the will has over doxastic states in Descartes’s theory is direct; the doxastic states are affected by the mere act of will. This reading is called direct doxastic voluntarism (DDV), or direct voluntarism (DV) for short, and it states that we are capable of assenting, rejecting and suspending a judgment based only on our will to do so. Thus, these actions would be utterly and merely volitional. DV can be divided into two further positions, direct positive voluntarism (+DV) and direct negative voluntarism (-DV). Direct positive voluntarism deals with the act of forming judgments, maintaining that one can accept or deny a proposition wilfully and either merely believe or not believe something voluntarily. Direct negative voluntarism deals with the suspension of judgment, maintaining that it can likewise be accomplished by a simple act of will. However, I support an alternate account of Descartes’s voluntarism, which is called indirect doxastic voluntarism (IDV), or indirect voluntarism (IV) for short. By this account, the will is capable of affecting a doxastic state indirectly by making one concentrate on essential tasks for forming that state, such as gathering up and paying attention to strong reasons and evidence. IV is also possible to divide into indirect positive voluntarism (+IV) and indirect negative voluntarism (-IV). Per indirect positive voluntarism the will needs to pay attention to reasons for accepting or denying some proposition. Likewise, by indirect negative voluntarism, in order to suspend judgment the will needs to direct this attention to the reasons for doubt. By attending to these reasons, the will also comes face-to-face with its own freedom. This feeling of freedom can be described as affectivity of the reasons for belief (assent) and doubt (suspension). (shrink)

The centerpiece of the scientific study of consciousness is the search for the neural correlates of consciousness. Yet science is typically interested not only in discovering correlations, but also – and more deeply – in explaining them. When faced with a correlation between two phenomena in nature, we typically want to know why they correlate. The purpose of this chapter is twofold. The first half attempts to lay out the various possible explanations of the correlation between consciousness and its neural (...) correlate – to provide a sort of “menu” of options from which we probably would ultimately have to choose. The second half raises considerations suggesting that, under certain reasonable assumptions, the choice among these various options may be in principle underdetermined by the relevant scientific evidence. (shrink)

Can one’s belief that one romantically loves another be false? If so, under what conditions may one come to reasonably doubt, or at least suspend belief, that one does so? To begin to answer these questions, I first outline an affective/volitional view of love similar to psychologist R. J. Sternberg’s “triangular theory”, which analyzes types of love in terms of the degrees to which they include states of passion, emotion, and commitment. I then outline two sources of potential bias (...) that may cause one to believe that one romantically loves another when one does not. Partly on the basis of those potential sources of bias and partly on the basis of more specific issues, I then argue that at least to the extent that one is aware of these issues, one may reasonably doubt that one is experiencing romantic love’s emotional feelings, and one may reasonably doubt that one is making romantic love’s commitments. Finally, I order by relative dubitability the propositions that must be true about one’s passions, emotions, and commitments toward another in order for one to romantically love them. (shrink)

This chapter reviews several varieties of grounding skepticism as well as responses that have been proposed by grounding enthusiasts to considerations raised by grounding skeptics. Grounding skeptics, as I conceive of them here, are theorists who belong to one of the following two schools of thought. “Old-school” grounding skeptics doubt the theoretical utility of the grounding idiom by denying one of its presuppositions, viz., that this notion is at least intelligible or coherent. “Second-generation” grounding skeptics call into question the (...) theoretical utility of the grounding idiom for other reasons; their skeptical doubts tend to focus on one of the following three purported theoretical virtues grounding enthusiasts ascribe to their idiom: (i) its alleged power to unify an apparently heterogeneous collection of phenomena; (ii) its alleged power to capture and/or elucidate the distinction between the fundamental and the non-fundamental; or (iii) the alleged metaphysical (as opposed to mind-dependent, epistemic, or psychological) utility of grounding claims. Grounding enthusiasts have already formulated responses to many of the objections described in this chapter. At this point, however, it is fair to say that the state of the literature is still evolving, and no conclusive judgment can therefore be reached as of yet as to whether grounding enthusiasts or grounding skeptics have gained the upper hand in these debates. In the meantime, though, grounding skeptics continue to maintain that the classification of factual and/or nonfactual connections under the rubric of grounding does not really help us illuminate the nature of the connections at issue; instead, from the view of the grounding skeptic, we are better off studying these various connections separately and in their own right. (shrink)

Ephecticism is the tendency towards suspension of belief. Epistemology often focuses on the error of believing when one ought to doubt. The converse error—doubting when one ought to believe—is relatively underexplored. This essay examines the errors of undue doubt. I draw on the relevant alternatives framework to diagnose and remedy undue doubts about rape accusations. Doubters tend to invoke standards for belief that are too demanding, for example, and underestimate how farfetched uneliminated error possibilities are. They mistake seeing (...) how incriminating evidence is compatible with innocence for a reason to withhold judgement. Rape accusations help illuminate the causes and normativity of doubt. I propose a novel kind of epistemic injustice, for example, wherein patterns of unwarranted attention to farfetched error possibilities can cause those error possibilities to become relevant. Widespread unreasonable doubt thus renders doubt reasonable and makes it harder to know rape accusations. Finally, I emphasise that doubt is typically a conservative force and I argue that the relevant alternatives framework helps defend against pernicious doubt-mongers. (shrink)

The aim of this paper is to show that it is not irrational to doubt one’s own existence, even in the face of introspective evidence to the effect that one is currently in a certain mental state. For this purpose, I will outline a situation in which I do not exist, but which cannot be ruled out on the basis of any evidence available to me—including introspective evidence about my current mental states. I use this ‘superskeptical scenario,’ as I (...) will call it, to formulate an argument to the conclusion that I do not know that I exist. In order to substantiate my argument, I draw upon Terence Parsons’ theory of non-existent objects. I conclude that, inasmuch as Parsons’ theory is reasonable, doubts about one’s own existence are reasonable as well. (shrink)

The essay is a comparative look at Descartes' and Pascal's epistemology. For so vast a topic, I shall confine myself to comparing three crucial epistemological topics, through which I hope to evince Descartes' and Pascal's differences and points of contact. Firstly, I will concentrate on the philosophers' engagement with skepticism, which, for each, had different functions and motivations. Secondly, the thinkers' relation to Reason shall be examined, since it is the fulcrum of their thought—and the main aspect that separates them. (...) Lastly, I will examine each philosopher's theist epistemology; this section, of course, will focus on how and by what means Descartes and Pascal set out to prove God's existence. The latter aspect shall take us back to each philosopher's relationship to Doubt: the title, " The Giants of Doubt ", in fact, implies a fundamental link between Descartes and Pascal through Doubt. In addition, and most importantly, the contrast between the two thinkers' epistemology inaugurates a decisive scission in modern thought of enormous repercussion: Descartes' sturdy rationalism initiated the great branch of modern scientific inquiry , while Pascal's appeal to the power of intuition and feelings would eventually be the precursor of the reaction to the enlightenment that invested Europe by the second half of the eighteenth century. This departure of thought, which in my view may be traced back to them, has not been the common conceit of the history of philosophy: the reaction to the enlightenment has customarily been regarded as stemming from its internal contradictions or at best from its more radical doctrines. The essay shall show that these strands of thought were both parallel and born out of the antithetical epistemologies of Descartes and Pascal. (shrink)

We argue that moral decision making is reasons-based, focusing on the idea that people encounter decisions as questions to be answered and that they process reasons to the extent that they can see them as putative answers to those questions. After introducing our topic, we sketch the erotetic reasons-based framework for decision making. We then describe three experiments that extend this framework to moral decision making in different question frames, cast doubt on theories of moral decision making that discount (...) reasons and appeal, and replicate our initial finds in moral contexts that do not involve direct physical harm. We conclude by reinterpreting Stanley Milgram’s studies in destructive obedience in our new framework. (shrink)

Closure for justification is the claim that thinkers are justified in believing the logical consequences of their justified beliefs, at least when those consequences are competently deduced. Many have found this principle to be very plausible. Even more attractive is the special case of Closure known as Single-Premise Closure. In this paper, I present a challenge to Single-Premise Closure. The challenge is based on the phenomenon of rational self-doubt – it can be rational to be less than fully confident (...) in one's beliefs and patterns of reasoning. In rough outline, the argument is as follows: Consider a thinker who deduces a conclusion from a justified initial premise via an incredibly long sequence of small competent deductions. Surely, such a thinker should suspect that he has made a mistake somewhere. And surely, given this, he should not believe the conclusion of the deduction even though he has a justified belief in the initial premise. (shrink)

The scope of public reason determines which political decisions should be taken according to its standards. In this paper, I defend a broad-scope view of public reason, according to which every single political decision should be justified by public reasons. In the first part, I argue that, despite the unclarity of Rawls’ position, it is compatible with the wide-scope view. In the three following parts, I refute the main arguments in favour of the narrow-scope view of public reason. Finally, I (...) offer an argument for the wide-scope view and conclude that it is preferable from the point of view of political liberalism. (shrink)

Public reason as a political ideal aims to reconcile reasonable disagreement; however, is public reason itself the object of reasonable disagreement? Jonathan Quong, David Estlund, Andrew Lister, and some other philosophers maintain that public reason is beyond reasonable disagreement. I argue this view is untenable. In addition, I consider briefly whether or not two main versions of the public reason principle, namely, the consensus version and the convergence version, need to satisfy their own requirements. My discussion (...) has several important implications for the debate on public reason. (shrink)

This volume brings together diverse sets of standpoints on liberalism in an era of growing skepticism and distrust regarding liberal institutions. The essays in the volume: - Relate concerns for liberal institutions with classical themes in perfectionist politics, such as the priority of the common good in decision-making or the role of comprehensive doctrines. - Analyse how perfectionist intuitions about the political life affect our concepts of public reason or public justification. - Outline various moral duties we have toward other (...) persons that underlie the liberal institutions or notions of rights functioning across the contemporary political landscape. - Explore various aspects of pluralism from within influential religious or philosophical traditions, applying insights from those traditions to issues in contemporary politics. The comprehensive volume will be of great interest to scholars, students, and researchers of politics, especially those in political philosophy and political theory. (shrink)

This paper challenges the common assumption that some phenotypic traits are quantitative while others are qualitative. The distinction between these two kinds of traits is widely influential in biological and biomedical research as well as in scientific education and communication. This is probably due to both historical and epistemological reasons. However, the quantitative/qualitative distinction involves a variety of simplifications on the genetic causes of phenotypic variability and on the development of complex traits. Here, I examine three cases from the life (...) sciences that show inconsistencies in the distinction: Mendelian traits, Mendelian diseases, and polygenic mental disorders. I show that these traits can be framed both quantitatively and qualitatively depending, for instance, on the methods through which they are investigated and on specific epistemic purposes. This suggests that the received view of quantitative and qualitative traits has a limited heuristic power—limited to some local contexts or to the specific methodologies adopted. Throughout the paper, I provide directions for framing phenotypes beyond the quantitative/qualitative distinction. I conclude by pointing at the necessity of developing a principled characterisation of what phenotypic traits, in general, are. (shrink)