Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why (...) admitting other forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

Studying evidence law as part of naturalized epistemology means using the tools and results of the sciences to evaluate evidence rules based on the accuracy of the verdicts they are likely to produce. In this chapter, we introduce the approach and address skeptical concerns about the value of systematic empirical research for evidence scholarship, focusing, in particular, on worries about the external validity of jury simulation studies. Finally, turning to applications, we consider possible reforms regarding eyewitness (...) identifications and character evidence. (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)

Abstract. Suppose that the word of an eyewitness makes it 80% probable that A committed a crime, and that B is drawn from a population in which the incidence rate of that crime is 80%. Many philosophers and legal theorists have held that if this is our only evidence against those parties then (i) we may be justified in finding against A but not against B; but (ii) that doing so incurs a loss in the accuracy of our (...) findings. This paper argues against (ii). It argues that accuracy considerations can motivate taking different attitudes towards individualized and statistical evidence even across cases where they generate the same probability that the defendant is guilty. (shrink)

Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in (...) which Smith can respond. (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.

At the heart of Jennifer Lackey's recent book is highly original work in identifying a form of testimonial injustice that is quite distinct from those hitherto identified. Since the publication of Miranda Fricker’s Epistemic Injustice there has been an enormous flurry of work done on injustices where people are wronged as givers of knowledge (testimonial injustice) or where people are wronged in their capacity as a subject of social understanding (hermeneutical injustice). Fricker’s focus in that book was on cases where (...) people are not believed or where deflated credibility is given to their word as a result of prejudice in the hearer . However, Lackey points out that there are many instances where people are wronged not by being granted too little credibility but by being given too much credibility. False confessions, guilty pleas, and eyewitness testimony are sometimes taken as sufficient to imprison people or even execute them, despite the fact that the testimony in question has been extracted through manipulation, deception, and coercion and despite the fact that other evidence is lacking or conflicts with the false confessions, guilty pleas, or eyewitness testimony. (shrink)

Klaming and Vedder (2010) have argued that enhancement technologies that improve the epistemic efficiency of the legal system (“epistemic enhancements”) would benefit the common good. But there are two flaws to Klaming and Vedder’s argument. First, they rely on an under-theorised and under-specified conception of the common good. When theory and specification are supplied, their CGJ for enhancing eyewitness memory and recall becomes significantly less persuasive. And second, although aware of such problems, they fail to give due weight and (...) consideration to the tensions between the individual and common good. Taking these criticisms onboard, this article proposes an alternative, and stronger, CGJ for epistemic enhancements. The argument has two prongs. Drawing from the literature on social epistemology and democratic legitimacy, it is first argued that there are strong grounds for thinking that epistemic enhancements are a desirable way to improve the democratic legitimacy of the legal system. This gives prima facie but not decisive weight to the CGJ. It is then argued that due to the ongoing desire to improve the way in which scientific evidence is managed by the legal system, epistemic enhancement is not merely desirable but perhaps morally necessary. Although this may seem to sustain tensions between individual and common interests, I argue that in reality it reveals a deep constitutive harmony between the individual good and the common good, one that is both significant in its own right and one that should be exploited by proponents of enhancement. (shrink)

Given that conspiracies exist, can we be justified in dismissing conspiracy theories without concerning ourselves with specific details? I answer this question by focusing on contrarian conspiracy theories, theories about conspiracies that conflict with testimony from reliable sources of information. For example, theories that say the CIA masterminded the assassination of John F. Kennedy, 9/11 was an inside job, or the Freemasons are secretly running the world are contrarian conspiracy theories. When someone argues for a contrarian conspiracy theory, their options (...) are to appeal to eyewitness testimony, incriminating documents, photographs, audio recordings, video recordings, allegedly scientific evidence, anomalies, or considerations of cui bono (who benefits). Most laypeople don’t know how to adequately respond to arguments for contrarian conspiracy theories, but this doesn’t mean that it’s dogmatic to reject them. I argue that many laypeople are defeasibly justified in rejecting a variety of contrarian conspiracy theories based on testimony and this justification is rarely defeated by arguments for contrarian conspiracy theories even if we don’t know how to respond to these arguments. (shrink)

There are at least two different aspects of our rational evaluation of agents’ doxastic attitudes. First, we evaluate these attitudes according to whether they are supported by one’s evidence (substantive rationality). Second, we evaluate these attitudes according to how well they cohere with one another (structural rationality). In previous work, I’ve argued that substantive and structural rationality really are distinct, sui generis, kinds of rationality – call this view ‘dualism’, as opposed to ‘monism’, about rationality – by arguing that (...) the requirements of substantive and structural rationality can come into conflict. In this paper, I push the dialectic on this issue forward in two main ways. First, I argue that the most promising ways of resisting the diagnosis of my cases as conflicts still end up undermining monism in different ways. Second, supposing for the sake of argument that we should understand the cases as conflicts, I address the question of what we should do when such conflicts arise. I argue that, at least in a prominent kind of conflict case, the coherence requirements take precedence over the evidential requirements. (shrink)

We examine whether the "evidence of evidence is evidence" principle is true. We distinguish several different versions of the principle and evaluate recent attacks on some of those versions. We argue that, whatever the merits of those attacks, they leave the more important rendition of the principle untouched. That version is, however, also subject to new kinds of counterexamples. We end by suggesting how to formulate a better version of the principle that takes into account those new (...) counterexamples. (shrink)

Perceptions guide our actions and provide us with evidence of the world around us. Illusions and hallucinations can mislead us: they may prompt as to act in ways that do not mesh with the world around us and they may lead us to form false beliefs about that world. The capacity view provides an account of evidence that does justice to these two facts. It shows in virtue of what illusions and hallucinations mislead us and prompt us to (...) act. Moreover, it shows in virtue of what we are in a better epistemic position when we perceive than when we hallucination. In this paper, I develop the capacity view, that is, the view that perceptual experience has epistemic force in virtue of the epistemic and metaphysical primacy of the perceptual capacities employed in perception. By grounding the epistemic force of experience in facts about the metaphysical structure of experience, the capacity view is not only an externalist view, but moreover a naturalistic view of the epistemology of perceptual experience. So it is an externalist and naturalistic alternative to reliabilism. I discuss the repercussions of this view for the justification of beliefs and the epistemic transparency of mental states, as well as, familiar problem cases. (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)

Why can testimony alone be enough for findings of liability? Why statistical evidence alone can’t? These questions underpin the “Proof Paradox” (Redmayne 2008, Enoch et al. 2012). Many epistemologists have attempted to explain this paradox from a purely epistemic perspective. I call it the “Epistemic Project”. In this paper, I take a step back from this recent trend. Stemming from considerations about the nature and role of standards of proof, I define three requirements that any successful account in line (...) with the Epistemic Project should meet. I then consider three recent epistemic accounts on which the standard is met when the evidence rules out modal risk (Pritchard 2018), normic risk (Ebert et al. 2020), or relevant alternatives (Gardiner 2019 2020). I argue that none of these accounts meets all the requirements. Finally, I offer reasons to be pessimistic about the prospects of having a successful epistemic explanation of the paradox. I suggest the discussion on the proof paradox would benefit from undergoing a ‘value-turn’. (shrink)

In this article, I offer a methodological analysis of the empirical research on the causal effects of trade liberalisation, and assess whether such studies can be of any use for guiding policy prescriptions in real-world economies. The analysis focuses on the mainstream economic research that has been used to support arguments in favour of trade liberalisation during the last decades. Even though there are empirical results that could be taken as valid evidence for a causal connection between free trade (...) and economic gains, none of the existing evidence licences trustworthy inferences about the policy effectiveness of trade liberalisation reforms in real-world cases. There are three aspects of the empirical literature that make it highly problematic for making reliable policy inferences: (a) the criteria used to define the notion of ‘free trade’, (b) the background assumptions embedded in the econometric techniques used for estimating causal effects, and (c) the widespread desire among academic economists to attain scientific results in terms of universally valid generalisations. The analysis exposes a worrisome mismatch between, on the one hand, the research aims and outcomes of scientific economics and, on the other, the kind of evidence that would be useful for guiding actual policy deliberations. (shrink)

This study examines how evidence is used differently in argumentative discourse compared to individual arguments. Applying a 1×2 crossover study design, 37 secondary school students were asked either to discuss a social issue with their partner before individually writing an essay outlining their opinion or, vice versa, first to discuss and then to write. As background information, they were provided with pieces of evidence with different levels of quality. Dialogs and essays were analyzed regarding (a) the type of (...) evidence and (b) the way evidence was used. Results showed that in their essays students referred more often to the pieces of evidence provided to them (shared evidence). In contrast, they used evidence more often to address the opposing viewpoint in dialogs by incorporating it in a more elaborated (clearer) line of reasoning. Findings suggest that dialogues are a more effective tool than individual writing production, and the study provides first hints regarding how to design curricula that will encourage students to use evidence in a more sophisticated way in their argumentation. (shrink)

Delusions are deeply evidence-resistant. Patients with delusions are unmoved by evidence that is in direct conflict with the delusion, often responding to such evidence by offering obvious, and strange, confabulations. As a consequence, the standard view is that delusions are not evidence-responsive. This claim has been used as a key argumentative wedge in debates on the nature of delusions. Some have taken delusions to be beliefs and argued that this implies that belief is not constitutively (...) class='Hi'>evidence-responsive. Others hold fixed the evidenceresponsiveness of belief and take this to show that delusions cannot be beliefs. Against this common assumption, I appeal to a large range of empirical evidence to argue that delusions are evidence-responsive in the sense that subjects have the capacity to respond to evidence on their delusion in rationally permissible ways. The extreme evidence-resistance of delusions is a consequence of powerful masking factors on these capacities, such as strange perceptual experiences, motivational factors, and cognitive biases. This view makes room for holding both that belief is constitutively evidence-responsive and that delusions are beliefs, and it has important implications for the study and treatment of delusions. (shrink)

Cancer research is experiencing ‘paradigm instability’, since there are two rival theories of carcinogenesis which confront themselves, namely the somatic mutation theory and the tissue organization field theory. Despite this theoretical uncertainty, a huge quantity of data is available thanks to the improvement of genome sequencing techniques. Some authors think that the development of new statistical tools will be able to overcome the lack of a shared theoretical perspective on cancer by amalgamating as many data as possible. We think instead (...) that a deeper understanding of cancer can be achieved by means of more theoretical work, rather than by merely accumulating more data. To support our thesis, we introduce the analytic view of theory development, which rests on the concept of plausibility, and make clear in what sense plausibility and probability are distinct concepts. Then, the concept of plausibility is used to point out the ineliminable role played by the epistemic subject in the development of statistical tools and in the process of theory assessment. We then move to address a central issue in cancer research, namely the relevance of computational tools developed by bioinformaticists to detect driver mutations in the debate between the two main rival theories of carcinogenesis. Finally, we briefly extend our considerations on the role that plausibility plays in evidence amalgamation from cancer research to the more general issue of the divergences between frequentists and Bayesians in the philosophy of medicine and statistics. We argue that taking into account plausibility-based considerations can lead to clarify some epistemological shortcomings that afflict both these perspectives. (shrink)

This paper defends and develops the capacity view against insightful critiques from Matt McGrath, Adam Pautz, and Ram Neta. In response to Matt McGrath, I show why capacities are essential and cannot simply be replaced with representational content. I argue moreover, that the asymmetry between the employment of perceptual capacities in the good and the bad case is sufficient to account for the epistemic force of perceptual states yielded by the employment of such capacities. In response to Adam Pautz, I (...) show why a perceiver’s belief is better justified than the belief of someone who suffers a subjectively indistinguishable hallucination. I show, moreover, why the capacity view is compatible with standard Bayesian principles and how it accounts for degrees of justification. In response to Ram Neta, I discuss the relationship between evidence and rational confidence, as well as the notion of evidence in light of an externalism about perceptual content. (shrink)

Evidence matters for responsibility. This paper investigates implications of this insight for group responsibility and the literature on group belief. In particular, we will be focusing on the transmission of group responsibility from group to individual. We will argue that there are cases in which responsibility transmits fully (to all members of the group), partially (to some but not all of its members), or not at all (to none of its members), and we will explore some implications of these (...) observations for accounts of group belief and evidence in the literature on social epistemology. More specifically, we will provide reason to think that these observations provide support for an account of group belief that we favour over its main rivals in the literature. (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)

In this paper, I shall discuss a problem that arises when you try to combine an attractive account of what constitutes evidence with an independently plausible account of the kind of access we have to our evidence. According to E = K, our evidence consists of what we know. According to the principle of armchair access, we can know from the armchair what our evidence is. Combined, these claims entail that we can have armchair knowledge of (...) the external world. Because it seems that the principle of armchair access is supported by widely shared intuitions about epistemic rationality, it seems we ought to embrace an internalist conception of evidence. I shall argue that this response is mistaken. Because externalism about evidence can accommodate the relevant intuitions about epistemic rationality, the principle of armchair access is unmotivated. We also have independent reasons for preferring externalism about evidence to the principle of armchair access. (shrink)

The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a (...) specific way – as a way of epistemically explaining the legal suspicion towards statistical evidence. Still, we do not think of this as a satisfactory vindication of the reluctance to rely on statistical evidence. Knowledge – and Sensitivity, and indeed epistemology in general – are of little, if any, legal value. Instead, we tell an incentive-based story vindicating the suspicion towards statistical evidence. We conclude by showing that the epistemological story and the incentive-based story are closely and interestingly related, and by offering initial thoughts about the role of statistical evidence in morality. (shrink)

Assume that it is your evidence that determines what opinions you should have. I argue that since you should take peer disagreement seriously, evidence must have two features. (1) It must sometimes warrant being modest: uncertain what your evidence warrants, and (thus) uncertain whether you’re rational. (2) But it must always warrant being guided: disposed to treat your evidence as a guide. Surprisingly, it is very difficult to vindicate both (1) and (2). But diagnosing why this (...) is so leads to a proposal—Trust—that is weak enough to allow modesty but strong enough to yield many guiding features. In fact, I claim that Trust is the Goldilocks principle—for it is necessary and sufficient to vindicate the claim that you should always prefer to use free evidence. Upshot: Trust lays the foundations for a theory of disagreement and, more generally, an epistemology that permits self-doubt—a modest epistemology. (shrink)

This chapter presents a typology of the different kinds of inductive inferences we can draw from our evidence, based on the explanatory relationship between evidence and conclusion. Drawing on the literature on graphical models of explanation, I divide inductive inferences into (a) downwards inferences, which proceed from cause to effect, (b) upwards inferences, which proceed from effect to cause, and (c) sideways inferences, which proceed first from effect to cause and then from that cause to an additional effect. (...) I further distinguish between direct and indirect forms of downwards and upwards inferences. I then show how we can subsume canonical forms of inductive inference mentioned in the literature, such as inference to the best explanation, enumerative induction, and analogical inference, under this typology. Along the way, I explore connections with probability and confirmation, epistemic defeat, the relation between abduction and enumerative induction, the compatibility of IBE and Bayesianism, and theories of epistemic justification. (shrink)

The full Bayesian signi/cance test (FBST) for precise hypotheses is presented, with some illustrative applications. In the FBST we compute the evidence against the precise hypothesis. We discuss some of the theoretical properties of the FBST, and provide an invariant formulation for coordinate transformations, provided a reference density has been established. This evidence is the probability of the highest relative surprise set, “tangential” to the sub-manifold (of the parameter space) that defines the null hypothesis.

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)

Mark Schroeder’s Reasons First is admirable in its scope and execution, deftly demonstrating the theoretical promise of extending the reasons-first approach from ethics to epistemology. In what follows we explore how (not) to account for the evidence-that relation within the reasons-first program, we explain how factive content views of evidence can be resilient in the face of Schroeder’s criticisms, and we explain how knowledge from falsehood threatens Schroeder’s view of knowledge. Along the way we sketch a reliabilist account (...) of the reasons-for relation (inspired by Alston) and show how it limits the applicability of Schroeder’s arguments. (shrink)

Are all epistemic notions – including evidence and rational credence – sensitive to practical considerations? A number of philosophers have argued that the answer must be ‘No’, since otherwise rational agents would be susceptible to diachronic Dutch books. After unpacking this challenge, I show how it can be resisted by appealing to an analogy between shifting stakes and memory loss. The upshot: pervasive epistemic shiftiness may be tenable after all.

According to factive accounts of the norm of belief and decision-making, you should not believe or base decisions on a falsehood. Even when the evidence misleadingly suggests that a false proposition is true, you should not believe it or base decisions on it. Critics claim that factive accounts are counterintuitive and badly mischaracterize our ordinary practice of evaluating beliefs and decisions. This paper reports four experiments that rigorously test the critic’s accusations and the viability of factive accounts. The results (...) undermine the accusations and provide the best evidence yet of factive norms of belief and decision-making. The results also help discriminate between two leading candidates for a factive norm: truth and knowledge. Knowledge is the superior candidate. (shrink)

It is commonly thought that we depend fundamentally on the “evidence of the senses” for our empicial beliefs, including and most directly, our beliefs about our local environment, the spatial world around us. The ultimate evidence we have for our perceptual beliefs is provided in some way by perception or perceptual experience. But what is this evidence? There seem to be three main options: external factualism allows that the evidence include facts about the external world; internal (...) factualism takes facts that involve only the internal, mental world—like facts about one’s perceptual experiences or appearances—to count as one’s perceptual evidence; and non-factualism takes propositions, including false ones, to count as evidence—for example, propositional contents of appearances or seemings. We shall see that all these options face significant challenges. Some might conclude that perceptual beliefs can be justified without depending on evidence. Others might choose to accept skepticism: our perceptual beliefs are not justified. I shall end, however, by tentatively suggesting that there is a sort of internal fact that is a plausible candidate for perceptual evidence that has been overlooked. (shrink)

In this paper I distinguish the category of “rationalization” from various forms of epistemic irrationality. I maintain that only if we model rationalizers as pretenders can we make sense of the rationalizer's distinctive relationship to the evidence in her possession. I contrast the cognitive attitude of the rationalizer with that of believers whose relationship to the evidence I describe as “waffling” or “intransigent”. In the final section of the paper, I compare the rationalizer to the Frankfurtian bullshitter.

Faith is often regarded as having a fraught relationship with evidence. Lara Buchak even argues that it entails foregoing evidence, at least when this evidence would influence your decision to act on the proposition in which you have faith. I present a counterexample inspired by the book of Job, in which seeking evidence for the sake of deciding whether to worship God is not only compatible with faith, but is in fact an expression of great faith. (...) One might still think that foregoing evidence may make faith more praiseworthy than otherwise. But I argue against this claim too, once more drawing on Job. A faith that expresses itself by a search for evidence can be more praiseworthy than a faith that sits passively in the face of epistemic adversity. (shrink)

On a standard view about reasons, evidence, and justification, there is justification for you to believe all and only what your evidence supports and the reasons that determine whether there is justification to believe are all just pieces of evidence. This view is mistaken about two things. It is mistaken about the rational role of evidence. It is also mistaken about the rational role of reasons. To show this, I present two basis problems for the standard (...) view and argue that it lacks the resources to solve these problems. It is easy to spot these mistakes once we are clear on the ontology of reasons and have a better understanding of the role that belief plays in the theory of possessed evidence. After attacking the standard view, I offer an alternative account of justification. On this view, the justificatory status of a belief is not a function of the reasons/evidence on which it is based (it might not be based on any) but is instead a function of the basis that it can provide. (shrink)

Public policymakers and institutional decision-makers routinely face questions about whether interventions “work”: does universal basic income improve people’s welfare and stimulate entrepreneurial activity? Do gated alleyways reduce burglaries or merely shift the crime burden to neighbouring communities? What is the most cost-effective way to improve students’ reading abilities? These are empirical questions that seem best answered by looking at the world, rather than trusting speculations about what will be effective. Evidence-based policy (EBP) is a movement that concretizes this intuition. (...) It maintains that policy should be based on evidence of “what works.” Not any evidence will do, however. Following on the heels of its intellectual progenitor, evidence-based medicine (EBM), EBP insists on the use of high-quality evidence produced in accordance with rigorous methodological standards. Though intuitively compelling, EBP has attracted significant criticism from methodologists, political scientists, and philosophers. This chapter provides a critical overview of EBP through a philosophical lens, reviewing and discussing some of the most pressing challenges that EBP faces and outlining some proposals for improving it. I first provide a brief overview of EBP and distinguish a broader and narrower understanding of it. I then review existing lines of criticism of EBP, two of which are considered in detail. The first elaborates how EBP struggles with extrapolation, that is, the use of evidence from study populations to make inferences about the effects of policies on novel target populations. The second maintains that EBP’s methodological tenets are deeply entwined with moral and political values, which can threaten EBP’s promise to promote objectivity in policymaking. Finally, I make some proposals for how EBP could be improved going forward. (shrink)

Sentience is the capacity to have feelings, such as feelings of pain, pleasure, hunger, thirst, warmth, joy, comfort and excitement. It is not simply the capacity to feel pain, but feelings of pain, distress or harm, broadly understood, have a special significance for animal welfare law. Drawing on over 300 scientific studies, we evaluate the evidence of sentience in two groups of invertebrate animals: the cephalopod molluscs or, for short, cephalopods (including octopods, squid and cuttlefish) and the decapod crustaceans (...) or, for short, decapods (including crabs, lobsters and crayfish). We also evaluate the potential welfare implications of current commercial practices involving these animals. (shrink)

John Hardwig has championed the thesis (NE) that evidence that an expert EXP has evidence for a proposition P, constituted by EXP’s testimony that P, is not evidence for P itself, where evidence for P is generally characterized as anything that counts towards establishing the truth of P. In this paper, I first show that (NE) yields tensions within Hardwig’s overall view of epistemic reliance on experts and makes it imply unpalatable consequences. Then, I use Shogenji-Roche’s (...) theorem of transitivity of incremental confirmation to show that (NE) is false if a natural Bayesian formalization of the above notion of evidence is implemented. I concede that Hardwig could resist my Bayesian objection if he re-interpreted (NE) as a more precise thesis that only applies to community-focused evidence. I argue, however, that this precisification, while diminishing the philosophical relevance of (NE), wouldn’t settle the tensions internal to Hardwig’s views. (shrink)

Can beliefs that are not consciously formulated serve as part of an agent's evidence for other beliefs? A common view says no, any belief that is psychologically immediate is also epistemically immediate. I argue that some unconscious beliefs can serve as evidence, but other unconscious beliefs cannot. Person-level beliefs can serve as evidence, but subpersonal beliefs cannot. I try to clarify the nature of the personal/subpersonal distinction and to show how my proposal illuminates various epistemological problems and (...) provides a principled framework for solving other problems. (shrink)

Evidence is often taken to be “normative” for doxastic agents. For instance, we are told to apportion our beliefs to the evidence, to not believe a claim without seeking out countervailing evidence, and so on. But what accounts for the normativity of evidence? This dissertation is devoted to answering this question. In order to answer it, I develop a novel approach to the theory of epistemic normativity. According to my approach, epistemic norms structure a social practice (...) of epistemic accountability. This approach shares affinities with Strawsonian attempts to elucidate moral responsibility by considering the conditions under which it’s appropriate to subject a person to the “reactive attitudes” (e.g. resentment and indignation). However, when it comes to epistemic (as opposed to moral) accountability, I argue that the relevant attitudinal responses need not involve reactive emotions. Moreover, what I seek to elucidate by appealing to these attitudinal responses is not responsible agency, but rather the content and normative significance of epistemic norms. Crucial to my approach is a distinctly epistemic way of holding a person accountable for their doxastic attitudes. To hold a person epistemically accountable, on my approach, is to modify trust in the person in a particular way. For instance, someone might cease to take a person’s words at face value when it comes to a certain topic, or someone might be unwilling to rely on another as a testimonial source of information. I argue that our practice of epistemic accountability is a legitimate social practice. I then go on to consider what norms of belief structure its activities. I argue that a number of norms of belief are implicit in our practice of epistemic accountability, including evidential norms and knowledge norms. I ultimately argue that our acceptance of epistemic norms is itself grounded in the fact that we participate in a social practice wherein we hold each other epistemically accountable. (shrink)

The paper argues that knowledge is not closed under logical inference. The argument proceeds from the openness of evidential support and the dependence of empirical knowledge on evidence, to the conclusion that knowledge is open. Without attempting to provide a full-fledged theory of evidence, we show that on the modest assumption that evidence cannot support both a proposition and its negation, or, alternatively, that information that reduces the probability of a proposition cannot constitute evidence for its (...) truth, the relation of evidential support is not closed under known entailment. Therefore the evidence-for relation is deductively open regardless of whether evidence is probabilistic or not. Given even a weak dependence of empirical knowledge on evidence, we argue that empirical knowledge is also open. On this basis, we also respond to the strongest argument in support of knowledge closure. Finally, we present a number of significant benefits of our position, namely, offering a unified explanation for a range of epistemological puzzles. (shrink)

Considerations of scientific evidence are often thought to provide externalism with the dialectical upper hand in the internalism–externalism debate. How so? A couple of reasons are forthcoming in the literature. (1) Williamson (2000) argues that the E = K thesis (in contrast to internalism) provides the best explanation for the fact that scientists appear to argue from premises about true propositions (or facts) that are common knowledge among the members of the scientific community. (2) Kelly (Philosophy Compass, 3 (5), (...) 933–955, 2008; 2016) argues that only externalism is suited to account for the public character of scientific evidence. In this article, I respond to Williamson and Kelly’s arguments. First, I show that the E = K thesis isn’t supported by the way in which we talk about scientific evidence, and that it is unable to account for facts about what has been regarded as scientific evidence and as justified scientific belief in the history of science. Second, I argue that there are internalist views that can account for the publicity of scientific evidence, and that those views indeed do better in that regard than the (externalist) view proposed by Kelly. The upshot is that considerations of scientific evidence do not favor externalism over internalism. (shrink)

I argue elsewhere (Roche 2014) that evidence of evidence is evidence under screening-off. Tal and Comesaña (2017) argue that my appeal to screening-off is subject to two objections. They then propose an evidence of evidence thesis involving the notion of a defeater. There is much to learn from their very careful discussion. I argue, though, that their objections fail and that their evidence of evidence thesis is open to counterexample.

The traditional view of evidence in mathematics is that evidence is just proof and proof is just derivation. There are good reasons for thinking that this view should be rejected: it misrepresents both historical and current mathematical practice. Nonetheless, evidence, proof, and derivation are closely intertwined. This paper seeks to tease these concepts apart. It emphasizes the role of argumentation as a context shared by evidence, proofs, and derivations. The utility of argumentation theory, in general, and (...) argumentation schemes, in particular, as a methodology for the study of mathematical practice is thereby demonstrated. Argumentation schemes represent an almost untapped resource for mathematics education. Notably, they provide a consistent treatment of rigorous and non-rigorous argumentation, thereby working to exhibit the continuity of reasoning in mathematics with reasoning in other areas. Moreover, since argumentation schemes are a comparatively mature methodology, there is a substantial body of existing work to draw upon, including some increasingly sophisticated software tools. Such tools have significant potential for the analysis and evaluation of mathematical argumentation. The first four sections of the paper address the relationships of evidence to proof, proof to derivation, argument to proof, and argument to evidence, respectively. The final section directly addresses some of the educational implications of an argumentation scheme account of mathematical reasoning. (shrink)

This essay uses a puzzle about assertion and time to explore the pragmatics, semantics, and epistemology of future discourse. The puzzle concerns cases in which a subject is in a position to say, at an initial time t, that it will be that ϕ, but is not in a position to say, at a later time t′, that it is or was that ϕ, despite not losing or gaining any relevant evidence between t and t′. We consider a number (...) of approaches to the puzzle and defend the view that subjects in these cases lose knowledge simply by moving through time. (shrink)

We argue that a certain version of pragmatic encroachment, according to which one knows that p only if one’s epistemic position with respect to p is practically adequate, has a problematic consequence: one can lose knowledge that p by getting evidence for p, and conversely, one can gain knowledge that p by getting evidence against p. We first describe this version of pragmatic encroachment, and then we defend that it has the problematic consequence. Finally, we deal with a (...) worry that the consequence we find problematic is not, in fact, problematic. (shrink)

Proponents of evidence-based medicine have argued convincingly for applying this scientific method to medicine. However, the current methodological framework of the EBM movement has recently been called into question, especially in epidemiology and the philosophy of science. The debate has focused on whether the methodology of randomized controlled trials provides the best evidence available. This paper attempts to shift the focus of the debate by arguing that clinical reasoning involves a patchwork of evidential approaches and that the emphasis (...) on evidence hierarchies of methodology fails to lend credence to the common practice of corroboration in medicine. I argue that the strength of evidence lies in the evidence itself, and not the methodology used to obtain that evidence. Ultimately, when it comes to evaluating the effectiveness of medical interventions, it is the evidence obtained from the methodology rather than the methodology that should establish the strength of the evidence. (shrink)

In everyday life and in science we acquire evidence of evidence and based on this new evidence we often change our epistemic states. An assumption underlying such practice is that the following EEE Slogan is correct: 'evidence of evidence is evidence' (Feldman 2007, p. 208). We suggest that evidence of evidence is best understood as higher-order evidence about the epistemic state of agents. In order to model evidence of evidence (...) we introduce a new powerful framework for modelling epistemic states, Dyadic Bayesianism. Based on this framework, we then discuss characterizations of evidence of evidence and argue for one of them. Finally, we show that whether the EEE Slogan holds, depends on the specific kind of evidence of evidence. (shrink)

Should learning we disagree about p lead you to reduce confidence in p? Some who think so want to except beliefs in which you are rationally highly confident. I argue that this is wrong; we should reject accounts that rely on this intuitive thought. I then show that quite the opposite holds: factors that justify low confidence in p also make disagreement about p less significant. I examine two such factors: your antecedent expectations about your peers’ opinions and the difficulty (...) of evaluating your evidence. I close by proposing a different way of thinking about disagreement. (shrink)

ABSTRACTAccording to the Dogmatism Puzzle presented by Gilbert Harman, knowledge induces dogmatism because, if one knows that p, one knows that any evidence against p is misleading and therefore one can ignore it when gaining the evidence in the future. I try to offer a new solution to the puzzle by explaining why the principle is false that evidence known to be misleading can be ignored. I argue that knowing that some evidence is misleading doesn't always (...) damage the credential of the evidence, and therefore it doesn't always entitle one to ignore it. I also explain in what kind of cases and to what degree such knowledge allows one to ignore evidence. Hopefully, through the discussion, we can not only understand better where the dogmatism puzzle goes wrong, but also understand better in what sense rational believers should rely on their evidence and when they can ignore it. (shrink)