The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical Evidence. While (...) this puzzle has led to the development of a multitude of accounts and approaches in the legal literature, I argue here that the problem can be resolved fairly straightforwardly within a knowledge-first framework. (shrink)

Epistemic contextualism (‘EC’), the view that the truth-values of knowledge attributions may vary with the context of ascription, has a variety of different linguistic implementations. On one of the implementations most popular in the early days of EC, the predicate ‘knows p’ functions semantically similarly to gradable adjectives such as ‘flat’, ‘tall’, or ‘empty’. In recent work Jason Stanley and John Hawthorne have presented powerful arguments against such implementations of EC. In this article I briefly systematize the contextualist analogy to (...) gradable adjectives, present Stanley’s argument against the analogy, and offer a contextualist response that abandons the analogy in favor of modeling the semantics of ‘knows p’ along the lines of quantifier expressions. I then present Hawthorne’s objection to the views presented, and finally conclude by outlining an argument to the effect that ‘knows p’ is an automatic indexical and as such to be expected to function differently from many other indexicals that the term has been compared to in the literature. I finally point out that no analogy should be expected to be perfect, and that no harm is done by postulating some unique behavior of ‘knows p’. (shrink)

Certain puzzling cases have been discussed in the literature recently which appear to support the thought that knowledge can be obtained by way of deduction from a falsehood; moreover, these cases put pressure, prima facie, on the thesis of counter closure for knowledge. We argue that the cases do not involve knowledge from falsehood; despite appearances, the false beliefs in the cases in question are causally, and therefore epistemologically, incidental, and knowledge is achieved despite falsehood. We also show that the (...) principle of counter closure, and the concomitant denial of knowledge from falsehood, is well motivated by considerations in epistemological theory--in particular, by the view that knowledge is first in the epistemological order of things. (shrink)

Recent attempts to resolve the Paradox of the Gatecrasher rest on a now familiar distinction between individual and bare statistical evidence. This paper investigates two such approaches, the causal approach to individual evidence and a recently influential (and award-winning) modal account that explicates individual evidence in terms of Nozick's notion of sensitivity. This paper offers counterexamples to both approaches, explicates a problem concerning necessary truths for the sensitivity account, and argues that either view is implausibly committed to the impossibility of (...) no-fault wrongful convictions. The paper finally concludes that the distinction between individual and bare statistical evidence cannot be maintained in terms of causation or sensitivity. We have to look elsewhere for a solution of the Paradox of the Gatecrasher. (shrink)

The paper explicates a new way to model the context-sensitivity of 'knows', namely a way that suggests a close connection between the content of 'knows' in a context C and what is pragmatically presupposed in C. After explicating my new approach in the first half of the paper and arguing that it is explanatorily superior to standard accounts of epistemic contextualism, the paper points, in its second half, to some interesting new features of the emerging account, such as its compatibility (...) with the intuitions of Moorean dogmatists. Finally, the paper shows that the account defended is not subject to the most prominent and familiar philosophical objections to epistemic contextualism discussed in the recent literature. (shrink)

A number of prominent epistemologists claim that the principle of sensitivity “play[s] a starring role in the solution to some important epistemological problems”. I argue that traditional sensitivity accounts fail to explain even the most basic data that are usually considered to constitute their primary motivation. To establish this result I develop Gettier and lottery cases involving necessary truths. Since beliefs in necessary truths are sensitive by default, the resulting cases give rise to a serious explanatory problem for the defenders (...) of sensitivity accounts. It is furthermore argued that attempts to modally strengthen traditional sensitivity accounts to avoid the problem must appeal to a notion of safety—the primary competitor of sensitivity in the literature. The paper concludes that the explanatory virtues of sensitivity accounts are largely illusory. In the framework of modal epistemology, it is safety rather than sensitivity that does the heavy explanatory lifting with respect to Gettier cases, lottery examples, and other pertinent cases. (shrink)

In recent work on the semantics of ‘knowledge’-attributions, a variety of accounts have been proposed that aim to explain the data about speaker intuitions in familiar cases such as DeRose’s Bank Case or Cohen’s Airport Case by means of pragmatic mechanisms, notably Gricean implicatures. This paper argues that pragmatic explanations of the data regarding ‘knowledge’-attributions are unsuccessful and concludes that in explaining those data we have to resort to accounts that (a) take those data at their semantic face value (Epistemic (...) Contextualism, Subject-Sensitive Invariantism or Epistemic Relativism), or (b) reject them on psychological grounds (Moderate Insensitive Invariantism). To establish this conclusion, the paper relies solely upon widely accepted assumptions about pragmatic theory, broadly construed, and on the Stalnakerian insight that linguistic communication takes place against the backdrop of a set of mutually accepted propositions: a conversation’s common ground. (shrink)

Stewart Cohen’s New Evil Demon argument raises familiar and widely discussed concerns for reliabilist accounts of epistemic justification. A now standard response to this argument, initiated by Alvin Goldman and Ernest Sosa, involves distinguishing different notions of justification. Juan Comesaña has recently and prominently claimed that his Indexical Reliabilism (IR) offers a novel solution in this tradition. We argue, however, that Comesaña’s proposal suffers serious difficulties from the perspective of the philosophy of language. More specifically, we show that the two (...) readings of sentences involving the word ‘justified’ which are required for Comesaña’s solution to the problem are not recoverable within the two-dimensional framework of Robert Stalnaker to which he appeals. We then consider, and reject, an attempt to overcome this difficulty by appeal to a complication of the theory involving counterfactuals, and conclude the paper by sketching our own preferred solution to Cohen’s New Evil Demon. (shrink)

Martin Smith has recently proposed, in this journal, a novel and intriguing approach to puzzles and paradoxes in evidence law arising from the evidential standard of the Preponderance of the Evidence. According to Smith, the relation of normic support provides us with an elegant solution to those puzzles. In this paper I develop a counterexample to Smith’s approach and argue that normic support can neither account for our reluctance to base affirmative verdicts on bare statistical evidence nor resolve the pertinent (...) paradoxes. Normic support is, as a consequence, not a successful epistemic anti-luck condition. (shrink)

Epistemic contextualism—the view that the content of the predicate ‘know’ can change with the context of utterance—has fallen into considerable disrepute recently. Many theorists have raised doubts as to whether ‘know’ is context-sensitive, typically basing their arguments on data suggesting that ‘know’ behaves semantically and syntactically in a way quite different from recognised indexicals such as ‘I’ and ‘here’ or ‘flat’ and ‘empty’. This paper takes a closer look at three pertinent objections of this kind, viz. at what I call (...) the Error-Theory Objection, the Gradability Objection and the Clarification-Technique Objection. The paper concludes that none of these objections can provide decisive evidence against contextualism. (shrink)

Safety principles in epistemology are often hailed as providing us with an explanation of why we fail to have knowledge in Gettier cases and lottery examples, while at the same time allowing for the fact that we know the negations of sceptical hypotheses. In a recent paper, Sinhababu and Williams have produced an example—the Backward Clock—that is meant to spell trouble for safety accounts of knowledge. I argue that the Backward Clock case is, in fact, unproblematic for the more sophisticated (...) formulations of safety in the literature. However, I then proceed to construct two novel examples that turn out problematic for those formulations—one that provides us with a lottery-style case of safe ignorance and one that is a straightforward case of unsafe knowledge. If these examples succeed, then safety as it is usually conceived in the current debate cannot account for ignorance in all Gettier and lottery-style cases, and neither is it a necessary condition for knowledge. I conclude from these troublesome examples that modal epistemologists ought to embrace a much more simple and non-reductive version of safety, according to which the notion of similarity between possible worlds that determines in which worlds the subject must believe truly is an epistemic notion that cannot be defined or reduced to notions independent of knowledge. The resulting view is shown to also lead to desirable results with respect to lottery cases, certain quantum phenomena, and a puzzling case involving a cautious brain-in-a-vat. (shrink)

Jason Stanley has argued recently that Epistemic Contextualism (EC) and Subject‐Sensitive Invariantism (SSI) are explanatorily on a par with regard to certain data arising from modal and temporal embeddings of ‘knowledge’‐ascriptions. This paper argues against Stanley that EC has a clear advantage over SSI in the discussed field and introduces a new type of linguistic datum strongly suggesting the falsity of SSI.

Epistemic contextualism is widely believed to be incompatible with the recently popular view that knowledge is the norm of assertion, practical reasoning, or belief. I argue in this article that the problems arising for contextualism from the mentioned normative views are only apparent and can be resolved by acknowledging the fairly widespread phenomenon of non-obvious context-sensitivity (recently embraced by even some of contextualism's most ardent former critics). Building on recent insights about non-obvious context-sensitivity, the article outlines an independently attractive contextualist (...) account of the mentioned epistemic norms and provides a solution to the puzzles they give rise to in a contextualist framework. (shrink)

This article addresses and resolves an epistemological puzzle that has attracted much attention in the recent literature—namely, the puzzle arising from Moorean anti-sceptical reasoning and the phenomenon of transmission failure. The paper argues that an appealing account of Moorean reasoning can be given by distinguishing carefully between two subtly different ways of thinking about justification and evidence. Once the respective distinctions are in place we have a simple and straightforward way to model both the Wrightean position of transmission failure and (...) the Moorean position of dogmatism. The approach developed in this article is, accordingly, ecumenical in that it allows us to embrace two positions that are widely considered to be incompatible. The paper further argues that the Moorean Puzzle can be resolved by noting the relevant distinctions and our insensitivity towards them: once we carefully tease apart the different senses of ‘justified’ and ‘evidence’ involved, the bewilderment caused by Moore’s anti-sceptical strategy subsides. (shrink)

In this chapter, I produce counterexamples to Presuppositional Epistemic Contextualism (PEC), a view about the semantics of ‘knowledge’-ascriptions that I have argued for elsewhere. According to PEC, the semantic content of the predicate ‘know’ at a context C is partly determined by the speakers’ pragmatic presuppositions at C. The problem for the view that I shall be concerned with here arises from the fact that pragmatic presuppositions are sometimes known to be true by the speakers who make them: hence the (...) Problem of Known Presuppositions. After discussing several unsuccessful ways to solve the problem, I propose the addition of a new Lewisian rule of proper ignoring to the semantics of PEC--namely, the Rule of Evidence-Based Ignoring. If the proposed account succeeds, the Problem of Known Presuppositions has a straightforward solution within the framework of PEC. (shrink)

The paper discusses approaches to Epistemic Contextualism that model the satisfaction of the predicate ‘know’ in a given context C in terms of the notion of belief/fact-matching throughout a contextually specified similarity sphere of worlds that is centred on actuality. The paper offers three counterexamples to approaches of this type and argues that they lead to insurmountable difficulties. I conclude that what contextualists (and Subject-Sensitive Invariantists) have traditionally called the ‘epistemic standards’ of a given context C cannot be explicated in (...) terms of a contextually specified similarity sphere that is centred on actuality. The mentioned accounts of epistemic relevance and thus the corresponding accounts of the context-sensitivity (or subject-sensitivity) of ‘knows’ are to be rejected. (shrink)

This paper investigates the linguistic basis for moral non-cognitivism, the view that sentences containing moral predicates do not have truth conditions. It offers a new argument against this view by pointing out that the view is incompatible with our best empirical theories about the grammatical encoding of illocutionary force potentials. Given that my arguments are based on very general assumptions about the relations between the grammar of natural languages and a sentence's illocutionary function, my arguments are broader in scope than (...) the familiar semantic objections to non-cognitivism relating to the so-called Frege-Geach problem: even if a solution to the Frege-Geach problem has been found, my arguments still stand. (shrink)

The paper gives an a priori argument for the view that knowledge is unanalysable. To establish this conclusion I argue that warrant, i.e. the property, whatever precisely it is, which makes the difference between knowledge and mere true belief, entails both truth and belief and thus does not exist as a property distinct from knowledge: all and only knowledge can turn a true belief into knowledge. The paper concludes that the project of trying to find a condition distinct from knowledge (...) that is necessary and together with truth and belief sufficient for knowledge must be doomed to failure. (shrink)

Moderate Pragmatic Invariantism has been criticized in the literature for postulating implicatures that are not straightforwardly cancellable. Defenders of MPI have responded that the data are not as clear-cut as one might wish. This paper grants the defenders of MPI, for the sake of argument, that the implicatures in question are cancellable and then turns this admission against them. In particular, the paper offers Bank Case variants in which the conversational implicatures postulated by MPI are contextually suspended – and thus (...) cancelled. Since our intuitions do not vary between the original Bank Case and these novel types of cases, the explanation offered by MPI must be mistaken. Our varying truth-value intuitions in the Bank Cases cannot be accounted for by means of conversational implicatures. (shrink)

In everyday conversations we often convey information that goes above and beyond what we strictly speaking say: exaggeration and irony are obvious examples. H.P. Grice introduced the technical notion of a conversational implicature in systematizing the phenomenon of meaning one thing by saying something else. In introducing the notion, Grice drew a line between what is said, which he understood as being closely related to the conventional meaning of the words uttered, and what is conversationally implicated, which can be inferred (...) from the fact that an utterance has been made in context. Since Grice’s seminal work, conversational implicatures have become one of the major research areas in pragmatics. This article introduces the notion of a conversational implicature, discusses some of the key issues that lie at the heart of the recent debate, and explicates tests that allow us to reliably distinguish between semantic entailments and conventional implicatures on the one hand and conversational implicatures on the other. (shrink)

The most prominent arguments for scepticism in modern epistemology employ closure principles of some kind. To begin my discussion of such arguments, consider Simple Knowledge Closure (SKC): (SKC) (Kxt[p] ∧ (p → q)) → Kxt[q].1 Assuming its truth for the time being, the sceptic can use (SKC) to reason from the two assumptions that, firstly, we don’t know ¬sh and that, secondly, op entails ¬sh to the conclusion that we don’t know op, where ‘op’ and ‘sh’ are shorthand for ‘ordinary (...) proposition’ and ‘sceptical hypothesis’ respectively. (SKC), however, fails for familiar reasons: since knowledge entails belief (KB), we can derive the falsity (F) from (SKC) by hypothetical syllogism, and thus reduce (SKC) to absurdity: (KB) Kxt[p] → Bxt[p]. (F) (Kxt[p] ∧ (p → q)) → Bxt[q]. (shrink)

Epistemic contextualism (EC) is primarily a semantic view, viz. the view that ‘knowledge’-ascriptions can change their contents with the conversational context. To be more precise, EC is the view that the predicate ‘know’ has an unstable Kaplan character, i.e. a character that does not map all contexts on the same content. According to EC, ‘know’ is thus an indexical expression. Notwithstanding this purely linguistic characterisation of EC, contextualists have traditionally argued that their views have considerable philosophical impact, this being due (...) to the alleged fact that their linguistic views about ‘know’ provide the resources for a resolution of sceptical puzzles. In this paper I will address an objection to EC claiming that, as a linguistic view about the term ‘know’, EC cannot be of any epistemological significance. (shrink)

The Argument from Principles, the primary motivation for impurism or pragmatic encroachment theories in epistemology, is often presented as an argument for everyone—an argument that proceeds from harmless premises about the nature of rationally permissible action to the surprising conclusion that one’s knowledge is partly determined by one’s practical situation. This paper argues that the Argument from Principles is far from neutral, as it presupposes the falsity of one of impurism’s main competitors: epistemic contextualism. As a consequence, hybrid positions combining (...) impurism and contextualism—positions that impurists have sometimes hinted at in the literature—are, while logically consistent, ill-motivated. Once the impurist embraces contextualism, the Argument from Principles can no longer get off the ground. The paper concludes that those who make use of the Argument from Principles are committed to an invariantist impurism and their case in support of impurism can only ever be as strong as their case against contextualism. Given recent contextualist work on the semantics of ‘knowledge’-attributions, this is likely to turn out problematic for the impurists. (shrink)

Jonathan Jenkins Ichikawa has presented a series of examples that are meant to spell trouble for Presuppositional Epistemic Contextualism. In this short article I aim to establish two things. First, I argue that even if Ichikawa’s examples were viable counterexamples to PEC, they would not threaten the key ideas underlying the account in my 2009 article ‘Knowledge and Presuppositions’. The philosophically interesting work that is done in that article remains unaffected by Ichikawa’s alleged counterexamples. In the second part of the (...) paper, I argue that the examples are not in fact successful counterexamples to PEC. The data emerging from Ichikawa’s examples can be accounted for within the framework of PEC. (shrink)

There is a recent and growing trend in philosophy that involves deferring to the claims of certain disciplines outside of philosophy, such as mathematics, the natural sciences, and linguistics. According to this trend— deferentialism , as we will call it—certain disciplines outside of philosophy make claims that have a decisive bearing on philosophical disputes, where those claims are more epistemically justified than any philosophical considerations just because those claims are made by those disciplines. Deferentialists believe that certain longstanding philosophical problems (...) can be swiftly and decisively dispatched by appeal to disciplines other than philosophy. In this paper we will argue that such an attitude of uncritical deference to any non-philosophical discipline is badly misguided. With reference to the work of John Burgess and David Lewis, we consider deference to mathematics. We show that deference to mathematics is implausible and that main arguments for it fail. With reference to the work of Michael Blome-Tillmann, we consider deference to linguistics. We show that his arguments appealing to deference to linguistics are unsuccessful. We then show that naturalism does not entail deferentialism and that naturalistic considerations even motivate some anti-deferentialist views. Finally, we set out deferentialism’s failings and present our own anti-deferentialist approach to philosophical inquiry. (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms (...) that apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

Contextualism is the view that knowledge ascriptions – utterances of sentences containing the word “knows” - express different propositions in different contexts of utterance. But what features of context determine the propositions expressed by knowledge ascriptions? According to a version of contextualism I call conversational contextualism, the conversational dynamics or kinematics determine the propositions expressed by knowledge ascriptions. In this paper I argue that the most sophisticated version of conversational contextualism, which is the view defended by Michael Blome-Tillmann (2009; (...) 2014), faces serious problems. My (very) tentative conclusion will be that conversational contextualism should be abandoned because of these problems. (shrink)

Skeptical invariantists maintain that the expression “knows” invariably expresses an epistemically extremely demanding relation. This leads to an immediate challenge. The knowledge relation will hardly if ever be satisfied. Consequently, we can rarely if ever apply “knows” truly. The present paper assesses a prominent strategy for skeptical invariantists to respond to this challenge, which appeals to loose talk. Based on recent developments in the theory of loose talk, I argue that such appeals to loose talk fail. I go on to (...) present a closely related, more promising response strategy, which combines assumptions about the dynamics of pragmatic presuppostions from Blome-Tillmann (2014) with an appeal to conversational exculpature, a phenomenon recently studied by Hoek (2018, 2019). (shrink)