Faith is the highest truth that ensures the happiness and salvation of man in the world and in the Hereafter. But the essence of superstitious is invalid and wrong. The realization of this happiness and salvation is possible by having a true faith. Another consequence of the true faith is the ability to recognize that this belief is right. Believing in true faith, ensures rightness and makes possible to prove and disclose this truth. It is important to have true faith (...) and accurate affirmation. This certainty requires certain criteria for accuracy and precision. In addition, this situation involves advocating the faith and delivering it to other people. This is closely related to the recognition and proof of these truths. It also makes it necessary to explore the distinction between presumption and believing as well as knowledge and ignorance. It requires examination of the concepts of certainty, doubt, evidence, persuasion and proof and what they have implied in terms of faith. The examination of the proofs of faith in terms of persuasion and proof also increases the understanding of the certainty of a belief. (shrink)

Three qualities of “The Argument from Human Behavior” make it superior to other arguments for God. First, this argument discovers a universal indirect perception of God that everyone has many times every day: the fact that we all take seriously our sense of “wrong” (our sense of everyone’s moral obligations). Second, this argument reveals that the Biblical God claims He is the legislator of the moral laws in our mind. Third, it understands that discovering God will always demand a step (...) of faith, making an objective proof of God unattainable. However, the fact that we all have indirect perceptions of God produces the extreme probability, and possibly the inductive certainty: God exists. -/- Only God is able to enforce our inborn normative value of "wrong" and thereby keep it from being an unenforced absurdity. Since no one acts as if his or her sense of "wrong" is an absurdity, everyone behaves as if God exists. -/- This book also reveals that if the Biblical God exists, a slam-dunk rationale for His existence also must exist! No one will protest God’s judgment by saying that it was impossible to achieve the certainty that God exists. -/- Further, it contains innovative analyses of the major objections to God, including the Problem of Evil, Objective Morality, Euthyphro's Dilemma and the Philosophy of Science. (shrink)

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)

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)

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)

Popular discussions of faith often assume that having faith is a form of believing on insufficient evidence and that having faith is therefore in some way rationally defective. Here I offer a characterization of action-centered faith and show that action-centered faith can be both epistemically and practically rational even under a wide variety of subpar evidential circumstances.

This paper presents and defends a model of religious faith as an epistemic disposition. According to the model, religious faith is a disposition to take certain doxastic attitudes toward propositions of religious significance upon entertaining certain mental states. Three distinct advantages of the model are advanced. First, the model allows for religious faith to explain the presence and epistemic appropriateness of religious belief. Second, the model accommodates a variety of historically significant perspectives concerning the relationships between faith and evidence, faith (...) and volition, and faith and doubt. And, finally, the model offers an appealing account of what unifies religious faith with other kinds of faith. (shrink)

This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of the two (...) following centuries: Kantian ethics and utilitarianism. The new science of natural law carried a fresh start for ethics, resulting from a mixture of the Old and the New. It was, as suggested by Schneewind, an attempt at rescuing the content of Scholastic and Stoic doctrines on a new methodological basis. The former was the claim of existence of objective and universal moral laws; the latter was the self-aware attempt at justifying a minimal kernel of such laws facing skeptical doubt. What Bentham and Kant did was precisely carrying this strategy further on, even if restructuring it each of them around one out of two alternative basic claims. The nineteenth- and twentieth-century critics of the Enlightenment attacked both not on their alleged failure in carrying out their own projects, but precisely on having adopted Grotius’s and Pufendorf’s project. What counter-enlightenment has been unable to spell out is which alternative project could be carried out facing the modern condition of pluralism, while on the contrary, if we takes a closer look at developments in twentieth-century ethics or at on-going discussions on practical issues, we might feel inclined to believe that Grotius’s and Pufendorf’s project is as up-to-date as ever. -/- Table of Contents -/- Preface I. Fathers of the Reformation and Schoolmen 1.1. Luther: passive justice and the good deeds; 1.2. Calvin: voluntarism and predestination; 1.3. Baroque Scholasticism; 1.4. Casuistry and Institutiones morales -/- II Neo-Platonists, neo-Stoics, neo-Sceptics 2.1. Aristotelian, neo-Platonic, neo-Epicurean and neo-Cynic Humanists; 2.2. Oeconomica and the art of living; 2.3. Neo-Stoics; 2.4. Neo-Sceptics; 2.5. Moralistic literature -/- III Neo-Augustinians 3.l. The Jansenists on natura lapsa, sufficient grace, pure love; 3.2. Nicole on the impossibility of self-knowledge; 3.3. Nicole on self-love and charity; 3.4. Nicole against civic virtue, for Christian civility; 3.5. Malebranche on general laws and necessary evil; 3.6. Malebranche on Neo-Augustinianism and Platonism. -/- IV Grotius, Pufendorf and the new moral science 4.1. Grotius against Aristotle and the sceptics; 4.2. Mersenne and Gassendi; 4.3. Descartes on ethics as the last branch of philosophy’s tree; 4.4. Hobbes on scepticism and the new moral science; 4.5. Spinoza on the new moral science as a descriptive science;4.6. Locke on voluntarism and probabilism; 4.7. Pufendorf on natural law as an exact science; 4.8. Pufendorf on physical and moral entities; 10. Pufendorf on self-preservation -/- V The empiricist version of the new moral science: from Cumberland to Paley 5.1. Cumberland against Hobbesian voluntarism; 5.2. Cumberland and theological consequentialism; 5.3. Cumberland on universal benevolence and self-love; 5.4. Shaftesbury on the moral sense; 5.5. Hutcheson on natural law and moral faculties; 5.6. Gay, Brown, Paley and theological consequentialism. -/- VI The rationalist version of the new moral science: from Cudworth to Price 6.1. The Cambridge Platonists; 6.2. Shaftesbury on the moral sense; 6.3. Butler and a third way between voluntarism and scepticism; 6.4. Price and the rational character of moral truths; -/- VII Leibniz’s compromise between the new moral science and Aristotelianism 1.Leibniz against voluntarism; 2.Leibniz against the division between the physical and the moral good; 3.Leibniz on la place d’autrui and theological consequentialism; 4.Thomasius, Wolff, Crusius -/- VIII French eighteenth-century philosophers without the new moral science 8.1. The genealogy of our ideas of virtue and vice; 8.2. Maupertuis and moral arithmetic 8.3. The philosophes and the harmony of interests; 8.4. Rousseau on corruption, self-love, and virtue; 8.5. Sade on the merits of vice -/- IX Experimental moral science: Hume and Adam Smith 9.1. Mandeville’s paradox; 9.2. Hutcheson on the law of nature and moral faculties; 9.3. Hume on experimental moral philosophy and the intermediate principles; 9.4. Hume’s Law; 9.5. Hume on the fellow-feeling; 9.6. Hume on natural and artificial virtues and disinterested pleasure for utility; 9.7. Adam Smith’s anti-realist metaethics; 9.8. Adam Smith on self-deception and the paradox of happiness; 9.9. Adam Smith on sympathy and the impartial spectator; 9.10. Adam Smith on the twofold criterion for moral judgement and its paradox; 9.11. Reid on the refutation of scepticism and the self-evidence of duty -/- X Kantian ethics 10.1. Kantian metaethics: moral epistemology; 10.2. Kantian metaethics: moral ontology; 10.3. Kantian metaethics: moral psychology; 10.4. Kantian normative ethics; 10.5. Kant on the impracticability of applied ethics; 10.6. Kantian moral anthropology; 10.7. Civilisation and moralisation; 10.8. Theology on a moral basis and the origins of evil; 10.9. Fichte and the transformation of theoretical philosophy into practical philosophy XI Bentham and utilitarianism 11.1. Bentham’s linguistic theory; 11.2. Bentham’s moral ontology, psychology, and theory of action; 11.3. The principle of greatest happiness; 11.4. The critique of religious ethics; 11.5. The new morality; 11.6. Interest and duty; 11.7. Virtues; 11.8. Private ethics and legislation -/- XII Followers of the Enlightenment: liberal Judaism and Liberal Theology 12.1. Mendelssohn; 12.2. Salomon Maimon; 12.3. Haskalā and liberal Judaism; 12.4. Liberal Theology. -/- XIII Counter-Enlighteners 13.1.Romanticism and the fulfilment of individuality as the Summum Bonum; 13.2. Hegel on history as the making of liberty; 13.3. Hegel on the unhappy consciousness and the beautiful soul; 13.4. Hegel on Morality and Sittlichkeit; 13.5. Marx on ideology, alienation, and praxis; 13.6. Schopenhauer on compassion; 13.7. Kierkegaard on faith beyond ethics. -/- XIV Followers of the Enlightenment: intuitionists and utilitarian 14.1 Whewell‘s criticism of utilitarianism; 14.2 Whewell on morality and the philosophy of morality; 14.3 Whewell on the Supreme Norm; 14.4 Whewell on the conflict between duties; 14.5 Mill and the proof of the principle of utility; 14.6 Mill’s eudemonistic utilitarianism; 14.7 Mill on rules -/- XV Followers of the Enlightenment: neo-Kantians and positivists 15.1. French spiritualism; 15.2. Neo-Kantians: the Marburg school; 15.3. Neo-Kantians: the Marburg school; 15.4. Comte’s positivism and the invention of altruism; 15.5. Social Darwinism; 15.6. Wundt and an ethic of humankind -/- XVI Post-enlighteners: Sidgwick 16.1. Criticism of intuitionism; 16.2. On ethical egoism; 16.3. Criticism of utilitarianism -/- XVII Post-enlighteners: Durkheim 17.1. Sociology as physics of customs; 17.2. Morality as physics of customs and as practical science; 17.3. On Kantian ethics and utilitarianism; 17.4. The variability of moralities;17.5. Social solidarity as end and justification of morality; 17.6. Secular morality as “sociodicy”; XVIII Post-enlighteners: Nietzsche 18.1. On the Dionysian; 18.2. On the deconstruction of the world of values 18.3 On the twofold genealogy of moralities; 18.4. On ascetics and nihilism; 18.5. Normative ethics of self-fulfilment -/- Bibliography / Index of names / Index of concepts -/- . (shrink)

Faith is a trusting commitment to someone or something. Faith helps us meet our goals, keeps our relationships secure, and enables us to retain our commitments over time. Faith is thus a central part of a flourishing life. -/- This article is about the philosophy of faith. There are many philosophical questions about faith, such as: What is faith? What are its main components or features? What are the different kinds of faith? What is the relationship between faith and other (...) similar states, such as belief, trust, knowledge, desire, doubt, and hope? Can faith be epistemically rational? Practically rational? Morally permissible? -/- This article addresses these questions. It is divided into three main parts. The first is about the nature of faith. This includes different kinds of faith and various features of faith. The second discusses the way that faith relates to other states. For example, what is the difference between faith and hope? Can someone have faith that something is true even if they do not believe it is true? The third discusses three ways we might evaluate faith: epistemically, practically, and morally. While faith is not always rational or permissible, this section covers when and how it can be. The idea of faith as a virtue is also discussed. (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)

We introduce two concepts—social certainty and social doubt—that help to articulate a variety of experiences of the social world, such as shyness, self-consciousness, culture shock, and anxiety. Following Carel's (2013) analysis of bodily doubt, which explores how a person's tacit confidence in the workings of their body can be disrupted and undermined in illness, we consider how an individual's faith in themselves as a social agent, too, can be compromised or lost, thus altering their experience of what is afforded (...) by the social environment. We highlight how a loss of bodily or social certainty can be shaped and sustained by the environments in which one finds oneself. As such, we show how certain individuals might be more vulnerable to experiences of bodily and social doubt than others. (shrink)

Katherine Dormandy aims both to classify possible modes of relating faith to epistemic norms in terms of three broad viewpoints: evidentialism, epistemological partialism, and anti-epistemological partialism. I advance two related claims: first, her categorization flattens the epistemological terrain by treating epistemic norms that operate at different levels as if they operated on the same level and thereby distorts the views she categorizes under Anti-Epistemological Partiality; and second, when rightly described, the noetic conflict involved in this view can be understood as (...) waged between epistemic norms of different types and function. To advance this claim, I examine Pascal’s conception of faith. For Pascal, we require first principles to establish an interpretive framework for understanding the universe and interpreting evidence, but outside of statements whose negations are self-contradictory, we cannot distinguish between “natural” principles and fantasies; faith is then understood as a relation to the Divine that allows the believer to receive, through grace, more accurate first principles. Faith therefore has a special cognitive status: (a) it has the right to influence how we interpret the world, including our epistemic norms and how to accommodate apparently disconfirming evidence, and (b) it is resilient to being reinterpreted in ways that would hinder it from fulfilling this function of stabilizing our epistemic situation—in the manner, for example, that such functioning would be hindered by negative beliefs concerning whether God exists, is good, and is faithful. The Pascalian believer is therefore involved in a much more subtle type of struggle than one between evidence and belief. Her conflict is waged between evidence and the interpretive framework through which she understands the world, including that evidence. I use the example of Job as a paradigm of how such a believer responds to apparently disconfirming evidence, treating doubt as grounds for frankly asking, or even demanding, God to answer one’s doubts, for the sake of his justice and love. (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)

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)

One of the important ethical concepts that has occupied the minds of many philosophers in the past years is the concept of "moral certainty". This means whether there are moral propositions that are so certain that no doubt or argument or evidence can face them. According to some philosophers, for example, the statement "the wrongness of killing innocent people" brings us such moral certainty. Among the philosophers who have written in this field, two basic readings of Nigel Pleasants (...) and Michael Kober can be mentioned. Pleasant considers moral certainty to be an absolute and natural concept that is the basis of our moral judgments, and on the other hand, Kober considers moral certainty to be a relative concept and believes that our certainties are rooted in linguistic society, culture and time. In this article, we try to address the different dimensions of the concept of "moral certainty" and the importance of its application in two different and important readings. (shrink)

One challenge to the rationality of religious commitment has it that faith is unreasonable because it involves believing on insufficient evidence. However, this challenge and influential attempts to reply depend on assumptions about what it is to have faith that are open to question. I distinguish between three conceptions of faith each of which can claim some plausible grounding in the Judaeo-Christian tradition. Questions about the rationality or justification of religious commitment and the extent of compatibility with doubt look different (...) on accounts of faith in which trust or hope, rather than belief, are the primary basis for the commitments. On such accounts, while the person of faith has a stake in the truth of the content, practical as well as epistemic considerations can legitimately figure in normative appraisals. Trust and hope can be appropriate in situations of recognized risk, need not involve self-deception, and are compatible with the idea that one's purely epistemic opinions should be responsive only to evidence.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Authentic faith and acknowledged risk: dissolving the problem of faith and reasonVolume 49, Issue 1DANIEL J. MCKAUGHAN DOI: https://doi.org/10.1017/S0034412512000200Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Authentic faith and acknowledged risk: dissolving the problem of faith and reasonVolume 49, Issue 1DANIEL J. MCKAUGHAN DOI: https://doi.org/10.1017/S0034412512000200Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Authentic faith and acknowledged risk: dissolving the problem of faith and reasonVolume 49, Issue 1DANIEL J. MCKAUGHAN DOI: https://doi.org/10.1017/S0034412512000200Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Coping with everyday life limits the extent of one’s scepticism. It is practically impossible to doubt the existence of the things with which one is immediately engaged and interacting. To doubt that, say, a door exists, is to step back from merely using the door (opening it) and to reflect on it in a detached, theoretical way. It is impossible to simultaneously act and live immersed in situation S while doubting that one is in S. Sceptical doubts—such as ‘Is this (...) really a door?’, ‘Am I really walking?’ — require a reflective withdrawal in thought from the situation at hand. Maintaining sceptical doubt while coping with everyday life requires a split consciousness, a bad faith, with one part of consciousness doubting the existing of things that the other part takes forgranted. For this reason, a sustained lived sceptical doubt is sometimes thought to be impossible. -/- In this article, I examine Wittgenstein's response to scepticism in "On Certainty". I argue that one of his responses is "the response based on action", which is (as other Wittgenstein interpreters have noted) a characteristically pragmatist response. I then evaluate the quality of this pragmatist response to scepticism, noting that actions just as much as representations are susceptible to mis-interpretation. It is argued that despite the insights contained in it, Wittgenstein's contextualism about meaning is inadequate to rescue the Wittgensteinian response to scepticism. (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)

This dissertation explores how antiquity and some of its early modern admirers understand the notion of certainty, especially as it is theorized in Quintilian's Institutio Oratoria, a first-century educational manual for the aspiring orator that defines certainty in terms of consensus. As part of a larger discussion of argumentative strategies, Quintilian turns to the “nature of all arguments,” which he defines as “reasoning which lends credence to what is doubtful by means of what is certain” (ratio per ea (...) quae certa sunt fidem dubiis adferens: quae natura est omnium argumentorum, V.10.8). These certainties, he later specifies, include not matters of scientific demonstration or objective fact, but the agreements of various communities: the laws of cities, local customs, and other forms of consensus. As the foundation of persuasive rhetoric, these consensus-based certainties situate argumentation as the practice of crafting agreements rather than demonstrating necessary conclusions. Taking as its point of departure Quintilian's novel understanding of certainty, this study looks to some of Quintilian's intellectual forebears as well as his later readers to show how his work is both a nexus of earlier intellectual developments as well as an important inspiration for later accounts of certainty, even into the early modern period. After illustrating in the first chapters of this dissertation how Quintilian's manual incorporates elements from Aristotelian notions of dialectic and rhetoric as well as from Ciceronian skeptical approaches to epistemology, I show how Quintilian's curriculum for the orator shapes the thought of Italian humanists, especially that of Lorenzo Valla (1406–1457), a reformer of scholastic logic and dialectic, and Giambattista Vico (1668–1744), an influential Neapolitan jurist. Adopting Quintilian's rendering of certainty as a matter of agreements and conventions, these later authors elaborate their own novel approaches to various fields—including law, language, and logic—through this ancient understanding of certum. Contrary to modern notions of certainty as objective or scientific fact, Quintilian's humanist readers continue to root this concept in consensus, both within the courtroom and without. (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 is the burden of proof to be distributed among individuals who are involved in resolving a particular issue? Under what conditions should the burden of proof be distributed unevenly? We distinguish attitudinal from dialectical burdens and argue that these questions should be answered differently, depending on which is in play. One has an attitudinal burden with respect to some proposition when one is required to possess sufficient evidence for it. One has a dialectical burden with respect to some proposition (...) when one is required to provide supporting arguments for it as part of a deliberative process. We show that the attitudinal burden with respect to certain propositions is unevenly distributed in some deliberative contexts, but in all of these contexts, establishing the degree of support for the proposition is merely a means to some other deliberative end, such as action guidance, or persuasion. By contrast, uneven distributions of the dialectical burden regularly further the aims of deliberation, even in contexts where the quest for truth is the sole deliberative aim, rather than merely a means to some different deliberative end. We argue that our distinction between these two burdens resolves puzzles about unevenness that have been raised in the literature. (shrink)

The ways in which Wittgenstein was directly influenced by William James (by his early psychological work as well his later philosophy) have been thoroughly explored and charted by Russell B. Goodman. In particular, Goodman has drawn attention to the pragmatist resonances of the Wittgensteinian notion of hinge propositions as developedand articulated in the posthumously edited and published work, On Certainty. This paper attempts to extend Goodman’s observation, moving beyond his focus on James (specifically, James’s Pragmatism) as his pragmatist reference (...) point. It aims to articulate the affinity between Wittgenstein’s thought on the topic of certainty and that of the neglected pragmatist thinker, George Santayana. -/- The paper draws on Duncan Pritchard’s recent reading of Wittgenstein’s On Certainty in order to articulate the concept of certainty involved in the notion of hinge propositions. It identifies two important and related points of affinity between this Wittgensteinian line of thought on certainty and the line of thought on the same topic articulated in Santayana’s Scepticism and Animal Faith. The paper argues, firstly, that, both lines of thought reflect a pragmatist concept of certainty, according to which our most fundamental certainties are not conceived as purely theoretical objects of belief or knowledge but rather as thearational presuppositions of beliefs and practical action. Secondly, it examines the way inwhich the pragmatist concept of certainty functions, for the two thinkers as a response to scepticism. It argues that although the two thinkers’ responses are very different, they are mutually compatible and, together, point towards the possibility of a distinctively pragmatist response to scepticism, which involves an anti-epistemological model of the intimate relation of the human self to the world. (shrink)

Robert Adams argues that often our moral commitment outstrips what we are epistemically entitled to believe; in these cases, the virtuous agent doxastic states are instances of “moral faith”. I argue against Adams’ views on the need for moral faith; at least in some cases, our moral “intuitions” provide us with certain moral knowledge. The appearance that there can be no certainty here is the result of dubious views about second-order or indirect doubts. Nonetheless, discussing the phenomena that lead (...) Adams to postulate moral faith brings to light the nature of the epistemic warrant underlying various kinds of moral commitments. (shrink)

In the first part of this investigation we highlight two, seemingly irreconcilable, beliefs that suggest an impending crisis in the teaching, research, and practice of—primarily state-supported—mathematics: (a) the belief, with increasing, essentially faith-based, conviction and authority amongst academics that first-order Set Theory can be treated as the lingua franca of mathematics, since its theorems—even if unfalsifiable—can be treated as ‘knowledge’ because they are finite proof sequences which are entailed finitarily by self-evidently Justified True Beliefs; and (b) the slowly emerging, but (...) powerfully rooted in economic imperatives, belief that only those Justified True Beliefs can be treated as ‘knowledge’ which are, further, categorically communicable as Factually Grounded Beliefs—hence as comprehensible pre-formal ‘mathematical truths’—by any intelligence that lays claims to a mathematical lingua franca. We argue that this seeming irreconcilability merely reflects a widening chasm between an increasing under-estimation of the value to society of ‘semantic arithmetical truth’, and an increasing over-estimation of the value to society of ‘syntactic set-theoretical provability’; a chasm which must be narrowed and bridged explicitly. We thus proffer a Complementarity Thesis which seeks to recognize that mathematical ‘provability’ and mathematical ‘truth’ need to be interdependent and complementary, ‘evidence-based’, assignments-by-convention to the formulas of a formal mathematical language; where (a) the goal of mathematical ‘proofs’ may be viewed as seeking to ensure that any mathematical language intended to formally represent our pre-formal conceptual metaphors and their inter-relatedness is unambiguous, and free from contradiction; whilst (b) the goal of mathematical ‘truths’ must be viewed as seeking to ensure that any such representation does, indeed, uniquely identify and adequately represent such metaphors and their inter-relatedness. Our thesis is that, by universally ignoring the need to introduce goal (b) in our curriculum, the teaching of, and research in, mathematics at the post-graduate level cannnot justify its value to society beyond the mere intellectual stimulation of individual minds. In the second part we appeal to some recent—and hitherto unsuspected—unarguably constructive Tarskian interpretations, of the first-order Peano Arithmetic PA, which establish PA as both finitarily consistent, and categorical. Since we also show that the second order subsystem ACA0 of Peano Arithmetic and PA cannot both be assumed provably consistent, we conclude that there can be no mathematical, or meta-mathematical, proof of consistency for Set Theory. Hence the theorems of any Set Theory are not sufficient for distinguishing between (i) what we can believe to be a ‘mathematical truth’; (ii) what we can evidence as a ‘mathematical truth’; and (iii) what we ought not to believe is a ‘mathematical truth’; whilst the theorems of the first-order Peano Arithmetic PA are sufficient for distinguishing between (i), (ii) and (iii). We conclude from this that the holy grail of mathematics ought to be ‘arithmetical truth’, not ‘set-theoretical proof’. (shrink)

There was a time when Greco-Roman culture recognized faith as an indispensable social good. More recently, however, the value of faith has been called into question, particularly in connection with religious commitment. What, if anything, is valuable about faith—in the context of ordinary human relations or as a distinctive stance people might take in relation to God? I approach this question by examining the role that faith talk played both in ancient Jewish and Christian communities and in the larger Greco-Roman (...) culture in which Christian faith talk evolved. I locate the value of faith and faithfulness in the context of relationships involving trust and loyalty and argue that what is most distinctively valuable about faith is the function it plays in sustaining relationships through various kinds of challenges, including through evidentially unfavorable circumstances and significant periods of doubt. In light of this discussion, I set out a view of relational faith and, taking Mother Teresa as an exemplar, argue for two further conclusions. First, faith can play the valuable role that it plays in sustaining relationships even without belief of the salient propositions. Second, in at least some circumstances, in order for faith to play this valuable role in a way that does not require epistemic opinions that fail to fit one’s evidence, it is important that faith does not require such belief. (shrink)

It is a cliché to say science and religion are antagonistic. The outlook is often promoted by religious people uneducated in the workings of science, and equally by scientifically-oriented individuals with little experience of religion. This essay challenges presumptions about the irreconcilability of science and religion, focusing on action organizing metaphysical principles infusing both. The aim, however, is not to evaluate proofs for God’s existence, nor defend young earth creationism, nor the notion that there is one true religion, nor still (...) the thesis that morality demands divine guidance – all positions that critics commonly raise to demonstrate the stupidity of religion, even though such views are hardly universal among theists. The aim is instead to expand what one can rationally accept, leaving it to individuals to decide what to believe. Central to my arguments is the concept of pragmatic faith. The notion holds that willingness to act measures strength of conviction and that actions generate empirical results that may either verify or disconfirm what was initially held without adequate evidence. Such a stance is a necessary ingredient in both scientific and spiritual activities, suggesting a rebuttal to New Atheists, who narrowly identify religion with superstitious irrationality -/- . (shrink)

The very existence of society depends on the ability of its members to influence formatively the beliefs, desires, and actions of their fellows. In every sphere of social life, powerful human agents (whether individuals or institutions) tend to use coercion as a favorite shortcut to achieving their aims without taking into consideration the non-violent alternatives or the negative (unintended) consequences of their actions. This propensity for coercion is manifested in the doxastic sphere by attempts to shape people’s beliefs (and doubts) (...) while ignoring the essential characteristics of these doxastic states. I argue that evidential persuasion is a better route to influence people’s beliefs than doxastic coercion. Doxastic coercion perverts the belief-forming mechanism and undermines the epistemic and moral faculties both of coercers and coercees. It succeeds sporadically and on short-term. Moreover, its pseudo doxastic effects tend to disappear once the use of force ceases. In contrast to doxastic coercion, evidential persuasion produces lasting correct beliefs in accordance with proper standards of evidence. It helps people to reach the highest possible standards of rationality and morality. Evidential persuasion is based on the principles of symmetry and reciprocity in that it asks all persuaders to use for changing the beliefs of others only those means they used in forming their own beliefs respecting the freedom of will and assuming the standard of rationality. The arguments in favor of evidential persuasion have a firm theoretical basis that includes a conceptual clarification of the essential traits of beliefs. Belief is treated as a hypercomplex system governed by Leibniz’s law of continuity and the principle of self-organization. It appears to be a mixture consisting of a personal propositional attitude and physical objects and processes. The conceptual framework also includes a typology of believers according to the standards of evidence they assume. In this context, I present a weak version of Clifford’ ethical imperative. In the section dedicated to the prerequisites for changing beliefs, I show how doxastic agents can infuse premeditated or planned changes in the flow of endogenous changes in order to shape certain beliefs in certain desired forms. The possibility of changing some beliefs in a planned manner is correlated with a feedback doxastic (macro-mechanism) that produces a reaction when it is triggered by a stimulus. In relation with the two routes to influence beliefs, a response mechanism is worth taking into consideration – a mechanism governed to a significant extent by human conscience and human will, that appears to be complex, acquired, relatively detached from visceral or autonomic information processing, and highly variable in reactions. Knowing increasingly better this doxastic mechanism, we increase our chances to use evidential persuasion as an effective (although not time-efficient) method to mold people’s beliefs. (shrink)

Kierkegaard's pseudonym Johannes Climacus famously defines faith as a risky “venture” that requires “holding fast” to “objective uncertainty.” Yet puzzlingly, he emphasizes that faith requires resolute conviction and certainty. Moreover, Climacus claims that all beliefs about contingent propositions about the external world “exclude doubt” and “nullify uncertainty,” but also that uncertainty is “continually present” in these very same beliefs. This paper argues that these apparent contradictions can be resolved by interpreting Climacus as a belief‐credence dualist. That is, Climacus holds (...) that beliefs and credences (i.e., degrees of belief) are two irreducibly distinct types of mental states. Beliefs are resolutions that close inquiry, thereby excluding doubt and reflecting subjective certainty by disregarding the possibility of error. Credences, by contrast, reflect assessments of evidential probabilities, thereby encoding a recognition of “objective uncertainty” by acknowledging the possibility of error. In addition to solving a vexing interpretive puzzle and showing how Kierkegaard anticipates contemporary views about the nature of belief and credence, this paper demonstrates that Kierkegaard developed a sophisticated account of the nature of belief, doubt, and certainty that merits serious philosophical consideration. (shrink)

Enlightenment philosopher, René Descartes, set out to establish what could be known with certainty, untainted by a deceiving demon. With his method of doubt, he rejected all previous beliefs, allowing only those that survived rigorous scrutiny. In this essay, Leslie Allan examines whether Descartes's program of skeptical enquiry was successful in laying a firm foundation for our manifold beliefs. He subjects Descartes's conclusions to Descartes's own uncompromising methodology to determine whether Descartes escaped from a self-imposed radical skepticism.

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.

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)

Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact (...) and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would reconstruct it. Nor can the purely formal modern conception of self-evidence provide a foundation for practical reason. This raises some doubt as to whether there can be self-evident principles of practical reason as Finnis suggests. The article contributes to the analysis of the Finnis reconstruction of the natural law by providing a rigorous analysis of his claim for self-evidence. It frames this analysis historically, suggesting the roles that certainty and mystery play in the apprehension of moral meaning. (shrink)

Presumption is a complex concept in law, affecting the dialogue setting. However, it is not clear how presumptions work in everyday argumentation, in which the concept of “plausible argumentation” seems to encompass all kinds of inferences. By analyzing the legal notion of presumption, it appears that this type of reasoning combines argument schemes with reasoning from ignorance. Presumptive reasoning can be considered a particular form of reasoning, which needs positive or negative evidence to carry a probative weight on the conclusion. (...) For this reason, presumptions shift the burden of providing evidence or explanations onto the interlocutor. The latter can provide new information or fail to do so: whereas in the first case the new information rebuts the presumption, in the second case, the absence of information that the interlocutor could reasonably provide strengthen the conclusion of the presumptive reasoning. In both cases the result of the presumption is to strengthen the conclusion of the reasoning from lack of evidence. As shown in the legal cases, the effect of presumption is to shift the burden of proof to the interlocutor; however, the shift a presumption effects is only the shift of the evidential burden, or the burden of completing the incomplete knowledge from which the conclusion was drawn. The burden of persuasion remains on the proponent of the presumption. On the contrary, reasoning from definition in law is a conclusive proof, and shifts to the other party the burden to prove the contrary. This crucial difference can be applied to everyday argumentation: natural arguments can be divided into dialectical and presumptive arguments, leading to conclusions materially different in strength. -/- . (shrink)

In this paper, I explore the possibility of reading Wittgenstein’s understanding of religious belief with Tillich’s concept of existential/religious doubt, especially as developed in his Dynamics of Faith. I argue, first, that Wittgenstein’s understanding of religious belief as a deep certainty of a grammatical remark is not the same as his understanding of hinge-certainty of “hinge propositions”, and that the relevant difference is that Wittgenstein leaves room for the possibility of doubt in the former but not in the (...) latter. Second, I argue that Tillich’s concept of dynamic faith by which Tillich explicates the role of doubt internal to religious believing can enrich the Wittgensteinian conception of religious belief. Despite the notable differences between Wittgenstein’s thoughts and Tillich’s overall system of theology, Tillich’s treatment of the concept of “faith” signals a possibility of a more positive way of relating Wittgenstein’s grammatical investigation and Tillich’s mature understanding of philosophical theology. At the end of the essay, responding to D. Z. Phillips’ negative assessment of Tillich’s theology in the name of Wittgenstein, I suggest what such positive way of relating the two might look like. (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)

An introduction to philosophical research on the standards of legal proof.

In 2020, Swedish theoretical physicist, Dr. Johan Hansson published a physics proof that our universe is superdeterministic meaning a predetermined static block universe without cause and effect in physics. This physics proof that cause and effect in physics are not real provides a new avenue of insight useful in the philosophy of religion. For example, superdeterminism provides circumstantial scientific evidence of the existence of God and our own immortality in our static block universe. The implications of superdeterminism also include disproof (...) of existentialism, nihilism. deism, pantheism, transphysical beings, pagan gods, and the Copenhagen and Many Worlds Interpretations of quantum mechanics. The philosophy of superdeterminism also conceives of the soul as an information packet appearing in spacetime rather than a transphysical being. However, the philosophy of superdeterminism also supports the truth of Christianity and the resurrection of the body and brain after death in special other universes we call Heaven and Hell. But, the philosophy of superdeterminism disproves other religions besides the Abrahamic religions of Judaism, Christianity and Islam. (shrink)

I argue that Descartes uses his method as evidence in the Discours and Les Météores. I begin by establishing there is a single method in Descartes’ works, using his meteorology as a case study. First, I hold that the method of the Regulae is best explained by two examples: one scientific, his proof of the anaclastic curve (1626), and one metaphysical, his question of the essence and scope of human knowledge (1628). Based on this account, I suggest that the form (...) of his early metaphysics (not its content) is similar to the method of doubt of the Meditationes. Second, I argue that Descartes’ explanation of the cause of parhelia (1629) likewise contains a formulation of this procedure. I provide a novel reading of Les Météores, where, following Descartes’ guidance in the Discours and Correspondance, I interpret his meteorology by reasoning from effects to causes, in this case, from Christoph Scheiner’s 1626 observation of parhelia to his meteorological foundation. This backwards orientation to Les Météores, I argue, reveals an instance of Descartes’ scientific method. I conclude with remarks on Descartes’ concept of evidentia, in which I explain how he incorporates a posteriori evidence and an apparent hypothetical foundation into his rationalist epistemology where he uses his method as evidence for his claims. (shrink)

I offer a novel reading in this dissertation of René Descartes’s (1596–1650) skepticism in his work Meditations on First Philosophy (1641–1642). I specifically aim to answer the following problem: How is Descartes’s skepticism to be read in accordance with the rest of his philosophy? This problem can be divided into two more general questions in Descartes scholarship: How is skepticism utilized in the Meditations, and what are its intentions and relation to the preceding philosophical tradition? -/- I approach the topic (...) from both a historical and a text-based analysis, combining textual and contextual research. I examine Descartes’s skepticism against two main traditions in the historical analysis: philosophical skepticism and Aristotelian Scholasticism. I argue that skepticism in the Meditations is intended to oppose and upheave both Scholasticism and skepticism. The intended results of the work are not merely epistemological but also metaphysical and even ethical. Furthermore, these ambitions cannot be neatly distinguished but merge into each other. -/- The third historical context against which the skeptical meditations are examined is the literary genre of meditative exercises, particularly from the 1500–1600’s, which, while religiously and spiritually oriented, likewise provided the practitioner with an enlightened understanding of self-knowledge and their cognitive place in the world on the way to closer spiritual proximity to God. I argue by this reading that the skepticism of the Meditations is an attentive, meditational cognitive exercise that is not merely instrumental and methodological but is to have a genuine and serious (psychologically real) effect on our thinking. The skeptical meditation is not simply a theoretical thought experiment but is to be seriously practiced as a transformative process of reorienting one’s cognitive framework to discover truth, certainty, and a way to a happy, tranquil, and virtuous life. -/- I offer a close reading in the textual analysis of the first three meditations of the Meditations. I argue that the meditative skepticism employed in the work does not reject the previous beliefs but suspends judgment on them, withdrawing assent until further evidence can be found. I introduce a new term into Descartes scholarship in this analysis, based on the terminology of ancient skepticism: Cartesian epochē (gr. epochē, suspension, withdrawal). Instead of rejecting previous beliefs or assenting to the probably false, the skeptical procedure of the Meditations is argued to emulate in important ways the suspension of judgment on equally balanced reasons in ancient Pyrrhonian skepticism. Novel interpretations are presented along the way of the will’s freedom, of the First Meditation’s skeptical scenarios, of the cogito, and of the vindication of metaphysical certainty, as well as a clarification of the Cartesian Circle problem. -/- Reinterpreting the relation of Descartes’s skepticism to the preceding historical and literary traditions leads to a new look at the skeptical method itself. Presenting a new interpretation of skepticism in the Meditations leads at the same time to a new look at its relation to the historical context. The two research questions are, then, intrinsically tied together. -/- My focus in the study is on the Meditations, but I also reference and discuss Descartes’s other philosophical works, as well as his correspondence, when necessary. (shrink)

Faith has many aspects. One of them is whether absolute logical proof for God’s existence is a prerequisite for the proper establishment and individual acceptance of a religious system. The treatment of this question, examined here in the Jewish context of Rabbi Prof. Eliezer Berkovits, has been strongly influenced in the modern era by the radical foundationalism and radical skepticism of Descartes, who rooted in the Western mind the notion that religion and religious issues are “all or nothing” questions. Cartesianism, (...) which surprisingly became the basis of modern secularism, was criticized by the classical American pragmatists. Peirce, James and Dewey all rejected the attempt to achieve infallible absolute knowledge, as well as the presumptuousness of establishing such a knowledge by means of casting Cartesian hyperbolic doubt. They advocated an alternative approach which was more holistic and humane. This paper lays out Descartes’s approach and the pragmatists’ critique. Despite the place that pragmatic considerations hold in Jewish tradition, some thinkers reject the relevance of these ideas. Yet Berkovits’s thought suggest a different path. He rejected Descartes’ radical skepticism and his radical foundationalism, in favor of a moderate foundationalism, which allows for a belief in God alongside constructive doubts. Similar to Peirce’s conception of the fixation of belief, Berkovits views local doubts (distinct from the hyperbolic doubt) as necessary for thought. Berkovits’s understanding of the biblical human-divine encounter, following Rosenzweig, Buber, and Heschel, is conceptualized here as “encounter theology”. Berkovits criticizes the propositionalist attempts to prove God’s existence logically, as well as the presumptuousness of basing religious belief on the teleological world-order. However, Berkovits’s conception of the ‘caring God’ is not provable, and thus defined as a pragmatic ‘postulate’. The article concludes by considering Berkovits’s “encounter theology”. In contrast to the approach described by Haym Soloveitchik, of halakhic stringency and lack of subjective experience of God’s face, Berkovits’s approach is dialogic through and through. (shrink)

In philosophical logic and proof theory, we often find multiple-conclusion systems that induce a conjunctive reading of premises and a disjunctive reading of conclusions. In mathematical logic, in contrast, we often find multiple-conclusion systems that induce a conjunctive reading of both premises and conclusions. This paper studies some technical and philosophical aspects of this latter approach to multiple-conclusion consequence. The takeaway is that, while the importance of disjunctive multiple conclusions is beyond doubt, conjunctive multiple conclusions also have philosophical interest. First, (...) because there is some evidence that there are arguments with conjunctive multiple conclusions in natural language. Second, because conjunctive multiple conclusions are compatible with the reflexivity and transitivity of logical consequence, and this allows them to cohere better with some of our best accounts of what logical consequence is. (shrink)

In debates about animal sentience, the precautionary principle is often invoked. The idea is that when the evidence of sentience is inconclusive, we should “give the animal the benefit of the doubt” or “err on the side of caution” in formulating animal protection legislation. Yet there remains confusion as to whether it is appropriate to apply the precautionary principle in this context, and, if so, what “applying the precautionary principle” means in practice regarding the burden of proof for animal sentience. (...) Here I construct a version of the precautionary principle tailored to the question of animal sentience together with a practical framework for implementing it. I explain and defend the key features of this framework, argue that it is well-aligned with current practice in animal welfare science, and consider and reject a number of influential counterarguments to the use of precautionary reasoning in this area. (shrink)

Kant’s third question (“What may I hope?”) is underdiscussed in comparison to the other two, even though he himself took it to be the question that united his efforts in theoretical and practical philosophy. This is largely his own fault: in his discussion of the question he moves quickly from talking about rational hope to discussing the kind of Belief or faith (Glaube) that grounds it. Moreover, the canonical statements of his own moral proof do not seem to give hope (...) any essential role to play. In this chapter I first consider the ways in which pre-Kantian authors muddied the distinction between what we would call “hope” and “expectation.” I then look at how Kant’s views about hope evolve to the point where, by the time of the “End of All Things” essay of 1794, he seems to endorse a kind of hopeful pessimism about our this-worldly situation, at least. I then examine a version of Kant’s moral proof that succeeds in locating a role for hope that is distinct from that of Belief, expectation, optimism, and so on. Finally, I turn to some contemporary work in two very different arenas – Anthropocene scholarship and Christian eschatology – in order to look at how the concepts of hope and optimism are deployed in those contexts. We will see that although some of the recent discourses about the “Good Anthropocene” slip beyond hope into full-blown optimism, most authors working on ecological and environmental topics are careful to keep the attitudes distinct. By contrast, there is a tendency among contemporary theologians to follow earlier Christian authors in slipping beyond mere hope to optimistic faith, and even to full-blown certainty. (shrink)

In the accepted view, the basic disposition of believers is one of absolute obedience, humility, and lack of critique, doubt, or, indeed, defiance of God. Only through such a disposition do believers convey their absolute faith and establish the appropriate hierarchy between God and humans. This article challenges this view and argues that, in mainstream rabbinic tradition, the believer is not required to renounce his or her moral autonomy and certainly not his or her understanding of God and the world. (...) Indeed, faith rests on such understanding; moreover, human autonomy is the mechanism through which humans convey God’s goodness and perfection. Their questions and criticism are part of a persistent effort to close the evident gap between their assumptions about God’s goodness and the flawed imperfect reality. The analysis focuses on rabbinic tradition but its implications go beyond it, presenting a model of a life of faith that compels subjects, as believers, to preserve their constitutive foundations as rational autonomous creatures. (shrink)

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)

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)

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)

For Kant, knowledge involves certainty. If “certainty” requires that the grounds for a given propositional attitude guarantee its truth, then this is an infallibilist view of epistemic justification. Such a view says you can’t have epistemic justification for an attitude unless the attitude is also true. Here I want to defend an alternative fallibilist interpretation. Even if a subject has grounds that would be sufficient for knowledge if the proposition were true, the proposition might not be true. And (...) so there is sometimes still rational room for doubt. The goal of this paper is to present four different models of what “certainty” amounts to, for Kant, each of which is compatible with fallibilism. (shrink)

J. C. Nyiri has argued in a series of papers that Ludwig Wittgenstein is a conservative philosopher. In ‘Wittgenstein 1929-31: The Turning Back’ Nyiri cites Wittgenstein’s admiration for Grillparzer as well as overtly philosophical passages from On Certainty in support of that thesis. I argue, in opposition to Nyiri, that we should separate Wittgenstein’s political remarks from his philosophical remarks and that nothing Wittgenstein says in his philosophical work obviously implies a conservative viewpoint, or any other kind of political (...) viewpoint. In his philosophical work Wittgenstein was concerned with untangling conceptual confusions rather than with putting forward a political viewpoint and the two kinds of activities are quite different. There is, however, some evidence of elements of conservatism in the stances that Wittgenstein took on political issues although there is also some evidence of sympathy for left-wing views, particularly during the ‘late’ period of Wittgenstein’s work after he returned to philosophy at the end of the 1920s. Wittgenstein’s philosophical work cannot be claimed by people of any particular political persuasion as their own but it can be used to untangle philosophical problems in the work of a great variety of political philosophies. (shrink)

I set up two axiomatic theories of inductive support within the framework of Kolmogorovian probability theory. I call these theories ‘Popperian theories of inductive support’ because I think that their specific axioms express the core meaning of the word ‘inductive support’ as used by Popper (and, presumably, by many others, including some inductivists). As is to be expected from Popperian theories of inductive support, the main theorem of each of them is an anti-induction theorem, the stronger one of them saying, (...) in fact, that the relation of inductive support is identical with the empty relation. It seems to me that an axiomatic treatment of the idea(s) of inductive support within orthodox probability theory could be worthwhile for at least three reasons. Firstly, an axiomatic treatment demands from the builder of a theory of inductive support to state clearly in the form of specific axioms what he means by ‘inductive support’. Perhaps the discussion of the new anti-induction proofs of Karl Popper and David Miller would have been more fruitful if they had given an explicit definition of what inductive support is or should be. Secondly, an axiomatic treatment of the idea(s) of inductive support within Kolmogorovian probability theory might be accommodating to those philosophers who do not completely trust Popperian probability theory for having theorems which orthodox Kolmogorovian probability theory lacks; a transparent derivation of anti-induction theorems within a Kolmogorovian frame might bring additional persuasive power to the original anti-induction proofs of Popper and Miller, developed within the framework of Popperian probability theory. Thirdly, one of the main advantages of the axiomatic method is that it facilitates criticism of its products: the axiomatic theories. On the one hand, it is much easier than usual to check whether those statements which have been distinguished as theorems really are theorems of the theory under examination. On the other hand, after we have convinced ourselves that these statements are indeed theorems, we can take a critical look at the axioms—especially if we have a negative attitude towards one of the theorems. Since anti-induction theorems are not popular at all, the adequacy of some of the axioms they are derived from will certainly be doubted. If doubt should lead to a search for alternative axioms, sheer negative attitudes might develop into constructive criticism and even lead to new discoveries. -/- I proceed as follows. In section 1, I start with a small but sufficiently strong axiomatic theory of deductive dependence, closely following Popper and Miller (1987). In section 2, I extend that starting theory to an elementary Kolmogorovian theory of unconditional probability, which I extend, in section 3, to an elementary Kolmogorovian theory of conditional probability, which in its turn gets extended, in section 4, to a standard theory of probabilistic dependence, which also gets extended, in section 5, to a standard theory of probabilistic support, the main theorem of which will be a theorem about the incompatibility of probabilistic support and deductive independence. In section 6, I extend the theory of probabilistic support to a weak Popperian theory of inductive support, which I extend, in section 7, to a strong Popperian theory of inductive support. In section 8, I reconsider Popper's anti-inductivist theses in the light of the anti-induction theorems. I conclude the paper with a short discussion of possible objections to our anti-induction theorems, paying special attention to the topic of deductive relevance, which has so far been neglected in the discussion of the anti-induction proofs of Popper and Miller. (shrink)