Many jurisdictions prohibit or severely restrict the use of evidence about a defendant’s character to prove legal culpability. Situationists, who argue that conduct is largely determined by situational features rather than by character, can easily defend this prohibition. According to situationism, character evidence is misleading or paltry. -/- Proscriptions on character evidence seem harder to justify, however, on virtue ethical accounts. It appears that excluding character evidence either denies the centrality of character for explaining conduct—the situationist (...) position—or omits probative evidence. Situationism is, after all, presented as antithetical to virtue ethics. -/- This essay provides a virtue ethical defense of character evidence exclusion rules. We show that existing virtue ethical rebuttals to situationism themselves support prohibitions on character evidence; even if behavior arises from stable character traits, character evidence should be prohibited. In building our case, we provide a taxonomy of kinds of character judgment and reconcile the ubiquity and reasonableness of character judgments in ordinary life with the epistemic legitimacy of character evidence prohibitions in law. (shrink)

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

The UK government decided to introduce Income Tax in 1799. Later, tax avoidance schemes involved creation of Deeds of Convenant. It is a fact that crime is increasing but the number of people committing crime is not increasing because many crimes are repeated crimes committed by persons with habitual criminal behaviour, ie hard-core criminals. -/- For more than half a century now, there has been scientific evidence that genetics plays a key role in the origins of criminal behaviour. There (...) are many ethical considerations thus raised which governments are reluctant to face and which, if faced, will cost a lot in financial terms to implement and to also dismantle the old entrenched systems -/- As the author states, genetics is considered in evidence only in federal United States ; New Zealand and Australia and not in the United Kingdom, although the UK’s Criminal Justice Act 2003 does, in some circumstances, allow evidence from relatives about the defendant’s character, but this is not expert evidence but merely non-expert opinion, permitted in relation to the defendant’s bad character in circumstances as per s 101 CJA 2003. Note that in the US, the Federal Rules of Evidence Rule 402 prevents the submission of irrelevant evidence. -/-. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

In this essay, we suggest practical ways to shift the framing of crisis standards of care toward disability justice. We elaborate on the vision statement provided in the 2010 Institute of Medicine (National Academy of Medicine) “Summary of Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations,” which emphasizes fairness; equitable processes; community and provider engagement, education, and communication; and the rule of law. We argue that interpreting these elements through disability justice entails a commitment to both (...) distributive and recognitive justice. The disability rights movement's demand “Nothing about us, without us” requires substantive inclusion of disabled people in decision‐making related to their interests, including in crisis planning before, during, and after a pandemic like Covid‐19. (shrink)

In this paper, the relationship between the e-value of a complex hypothesis, H, and those of its constituent elementary hypotheses, Hj, j = 1… k, is analyzed, in the independent setup. The e-value of a hypothesis H, ev, is a Bayesian epistemic, credibility or truth value defined under the Full Bayesian Significance Testing mathematical apparatus. The questions addressed concern the important issue of how the truth value of H, and the truth function of the corresponding FBST structure M, relate to (...) the truth values of its elementary constituents, Hj, and to the truth functions of their corresponding FBST structures Mj, respectively. (shrink)

In this multi-disciplinary investigation we show how an evidence-based perspective of quantification---in terms of algorithmic verifiability and algorithmic computability---admits evidence-based definitions of well-definedness and effective computability, which yield two unarguably constructive interpretations of the first-order Peano Arithmetic PA---over the structure N of the natural numbers---that are complementary, not contradictory. The first yields the weak, standard, interpretation of PA over N, which is well-defined with respect to assignments of algorithmically verifiable Tarskian truth values to the formulas of PA under (...) the interpretation. The second yields a strong, finitary, interpretation of PA over N, which is well-defined with respect to assignments of algorithmically computable Tarskian truth values to the formulas of PA under the interpretation. We situate our investigation within a broad analysis of quantification vis a vis: * Hilbert's epsilon-calculus * Goedel's omega-consistency * The Law of the Excluded Middle * Hilbert's omega-Rule * An Algorithmic omega-Rule * Gentzen's Rule of Infinite Induction * Rosser's Rule C * Markov's Principle * The Church-Turing Thesis * Aristotle's particularisation * Wittgenstein's perspective of constructive mathematics * An evidence-based perspective of quantification. By showing how these are formally inter-related, we highlight the fragility of both the persisting, theistic, classical/Platonic interpretation of quantification grounded in Hilbert's epsilon-calculus; and the persisting, atheistic, constructive/Intuitionistic interpretation of quantification rooted in Brouwer's belief that the Law of the Excluded Middle is non-finitary. We then consider some consequences for mathematics, mathematics education, philosophy, and the natural sciences, of an agnostic, evidence-based, finitary interpretation of quantification that challenges classical paradigms in all these disciplines. (shrink)

The demands of rationality are linked both to our subjective normative perspective (given that rationality is a person-level concept) and to objective reasons or favoring relations (given that rationality is non-contingently authoritative for us). In this paper, I propose a new way of reconciling the tension between these two aspects: roughly, what rationality requires of us is having the attitudes that correspond to our take on reasons in the light of our evidence, but only if it is competent. I (...) show how this view can account for structural rationality on the assumption that intentions and beliefs as such involve competent perceptions of downstream reasons, and explore various implications of the account. (shrink)

My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is adopted, there (...) is no tension between the principled approach to hearsay and the rule of law. (shrink)

News about the first baby born after a mitochondrial replacement technique (MRT; specifically maternal spindle transfer) broke on September 27, 2016 and, in a matter of hours, went global. Of special interest was the fact that the mitochondrial replacement procedure happened in Mexico. One of the scientists behind this world first was quoted as having said that he and his team went to Mexico to carry out the procedure because, in Mexico, there are no rules. In this paper, we (...) explore Mexico's rule of law in relation to mitochondrial replacement techniques and show that, in fact, certain instances of MRTs are prohibited at the federal level and others are prohibited at the state level. According to our interpretation of the law, the scientists behind this first successful MRT procedure broke federal regulations regarding assisted fertilization research. (shrink)

Immigrant legalization policies pose an ethical dilemma between justice and the rule of law. On the one hand, liberal democracies aspire to the principles of individual liberty and equality. Building on liberal ideals of justice, compelling arguments have been made for granting legal status and a path to citizenship to unauthorized migrants by virtue of the social ties they have developed, their contributions to the host society, and their vulnerability to exploitation. On the other hand, legalization poses a challenge to (...) another important value, the rule of law, which requires government to operate within a framework of law in accordance with well-established public norms. Immigrant legalization programmes are said to undermine the rule of law because they reward lawbreaking, allow queue-jumping, and incentivize further unauthorized migration. This article clarifies each horn of the dilemma, focusing on rule of law arguments. We offer a critical reappraisal of immigrant legalization policies by reflecting on the normative meaning of the rule of law and by examining empirical evidence assessing the effects of legalization. Our central contention is that legalization policies can enhance the rule of law. We offer five rule of law arguments in support of legalization, which help to mitigate the dilemma between justice and the rule of law. We conclude by discussing some policy implications of our analysis. (shrink)

This article proposes to read John Banville’s The Book of Evidence, a crime story narrated from the protagonist’s first-person gaze, from a Lacanian perspective by referring to his mirror stage theory. As an extension of testimonial literature, the novel is deemed to be a narrative of introspective self-examination, thus introducing a creation of “the self” paralleling the text. The protagonist’s mnemonic narrative is accompanied by the idea of an alternative world of not only self-expression but also self-depiction and presentation, (...) as in Lacan’s Imaginary. This self-creation, however, may not be as innocent as it seems. The reason for this is that although the mirror phase involves a transition from the Imaginary to the Symbolic, it presupposes the role of the other, biologically (m)other, in order to accustom the subject to the law of society. However, just because the protagonist, Freddie, mentions his mother’s presence as “nothing,” there is no soothing force for his adaptation to societal laws. Here, Freddie is subject to what Lacan sees as a minor prototype who lives in a society and yet is attached to his own rules, which is the first principle of male violence associated with this novel. Therefore, this article also tries to find answers for Freddie’s performance of male violence within the axis of psychoanalytic postulations elaborated on Lacan’s identity theory. (shrink)

The majority rule has caught much attention in recent debate about the aggregation of judgments. But its role in finding the truth is limited. A majority of expert judgments is not necessarily authoritative, even if all experts are equally competent, if they make their judgments independently of each other, and if all the judgments are based on the same source of (good) evidence. In this paper I demonstrate this limitation by presenting a simple counterexample and a related general result. (...) I pave the way for this argument by introducing a Bayesian model of evidence and expert judgment in order to give a precise account of the basic problem. (shrink)

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

Recent authors have drawn attention to a new kind of defeating evidence commonly referred to as higher-order evidence. Such evidence works by inducing doubts that one’s doxastic state is the result of a flawed process – for instance, a process brought about by a reason-distorting drug. I argue that accommodating defeat by higher-order evidence requires a two-tiered theory of justification, and that the phenomenon gives rise to a puzzle. The puzzle is that at least in some (...) situations involving higher-order defeaters the correct epistemic rules issue conflicting recommendations. For instance, a subject ought to believe p, but she ought also to suspend judgment in p. I discuss three responses. The first resists the puzzle by arguing that there is only one correct epistemic rule, an Über-rule. The second accepts that there are genuine epistemic dilemmas. The third appeals to a hierarchy or ordering of correct epistemic rules. I spell out problems for all of these responses. I conclude that the right lesson to draw from the puzzle is that a state can be epistemically rational or justified even if one has what looks to be strong evidence to think that it is not. As such, the considerations put forth constitute a non question-begging argument for a kind of externalism. (shrink)

We consider the relationship between neural and behavioural evidence for animal consciousness. We critically examine two recent studies: one neural and one behavioural. The first, on crows, finds different neural activity depending on whether a stimulus is reported as seen or unseen. However, to implicate this neural activity in consciousness, we must assume that a specific conditioned behaviour is a report of conscious experience. The second study, on macaques, records behaviours strikingly similar to patterns of conscious and unconscious perception (...) in humans. However, confounds are only ruled out in human subjects, presupposing substantial neural similarity between humans and macaques. Taken together, the two studies reveal a sense in which neural and behavioural research rely on each other. Looking ahead, these two types of evidence could prove to be either mutually reinforcing or mutually undermining. The science of animal consciousness needs both neural and behavioural evidence, ideally obtained as part of a single coordinated programme. (shrink)

We show how removing faith-based beliefs in current philosophies of classical and constructive mathematics admits formal, evidence-based, definitions of constructive mathematics; of a constructively well-defined logic of a formal mathematical language; and of a constructively well-defined model of such a language. -/- We argue that, from an evidence-based perspective, classical approaches which follow Hilbert's formal definitions of quantification can be labelled `theistic'; whilst constructive approaches based on Brouwer's philosophy of Intuitionism can be labelled `atheistic'. -/- We then adopt (...) what may be labelled a finitary, evidence-based, `agnostic' perspective and argue that Brouwerian atheism is merely a restricted perspective within the finitary agnostic perspective, whilst Hilbertian theism contradicts the finitary agnostic perspective. -/- We then consider the argument that Tarski's classic definitions permit an intelligence---whether human or mechanistic---to admit finitary, evidence-based, definitions of the satisfaction and truth of the atomic formulas of the first-order Peano Arithmetic PA over the domain N of the natural numbers in two, hitherto unsuspected and essentially different, ways. -/- We show that the two definitions correspond to two distinctly different---not necessarily evidence-based but complementary---assignments of satisfaction and truth to the compound formulas of PA over N. -/- We further show that the PA axioms are true over N, and that the PA rules of inference preserve truth over N, under both the complementary interpretations; and conclude some unsuspected constructive consequences of such complementarity for the foundations of mathematics, logic, philosophy, and the physical sciences. -/- . (shrink)

We report a series of experiments examining whether people ascribe knowledge for true beliefs based on probabilistic evidence. Participants were less likely to ascribe knowledge for beliefs based on probabilistic evidence than for beliefs based on perceptual evidence or testimony providing causal information. Denial of knowledge for beliefs based on probabilistic evidence did not arise because participants viewed such beliefs as unjustified, nor because such beliefs leave open the possibility of error. These findings rule out traditional (...) philosophical accounts for why probabilistic evidence does not produce knowledge. The experiments instead suggest that people deny knowledge because they distrust drawing conclusions about an individual based on reasoning about the population to which it belongs, a tendency previously identified by “judgment and decision making” researchers. Consistent with this, participants were more willing to ascribe knowledge for beliefs based on probabilistic evidence that is specific to a particular case. 2016 APA, all rights reserved). (shrink)

Do we live in a computer simulation? I will present an argument that the results of a certain experiment constitute empirical evidence that we do not live in, at least, one type of simulation. The type of simulation ruled out is very specific. Perhaps that is the price one must pay to make any kind of Popperian progress.

Sometimes you are unreliable at fulfilling your doxastic plans: for example, if you plan to be fully confident in all truths, probably you will end up being fully confident in some falsehoods by mistake. In some cases, there is information that plays the classical role of evidence—your beliefs are perfectly discriminating with respect to some possible facts about the world—and there is a standard expected‐accuracy‐based justification for planning to conditionalize on this evidence. This planning‐oriented justification extends to some (...) cases where you do not have transparent evidence, in the sense that your beliefs are not perfectly discriminating with respect to any non‐trivial facts. In other cases, accuracy considerations do not tell you to plan to conditionalize on any information at all, but rather to plan to follow a different updating rule. Even in the absence of evidence, accuracy considerations can guide your doxastic plan. (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)

Rules are meant to apply equally to all within their jurisdiction. However, some rules are frequently broken without consequence for most. These rules are only occasionally enforced, often at the discretion of a third-party observer. We propose that these rules—whose violations are frequent, and enforcement is rare—constitute a unique subclass of explicitly codified rules, which we call ‘phantom rules’ (e.g., proscribing jaywalking). Their apparent punishability is ambiguous and particularly susceptible to third-party motives. Across six (...) experiments, (N = 1440) we validated the existence of phantom rules and found evidence for their motivated enforcement. First, people played a modified Dictator Game with a novel frequently broken and rarely enforced rule (i.e., a phantom rule). People enforced this rule more often when the “dictator” was selfish (vs. fair) even though the rule only proscribed fractional offers (not selfishness). Then we turned to third person judgments of the U.S. legal system. We found these violations are recognizable to participants as both illegal and commonplace (Experiment 2), differentiable from violations of prototypical laws (Experiments 3) and enforced in a motivated way (Experiments 4a and 4b). Phantom rule violations (but not prototypical legal violations) are seen as more justifiably punished when the rule violator has also violated a social norm (vs. rule violation alone)—unless the motivation to punish has been satiated (Experiment 5). Phantom rules are frequently broken, codified rules. Consequently, their apparent punishability is ambiguous, and their enforcement is particularly susceptible to third party motives. (shrink)

Evidentialism is the thesis, roughly, that one’s beliefs should fit one’s evidence. The enkratic principle is the thesis, roughly, that one’s beliefs should "line up" with one’s beliefs about which beliefs one ought to have. While both theses have seemed attractive to many, they jointly entail the controversial thesis that self-misleading evidence is impossible. That is to say, if evidentialism and the enkratic principle are both true, one’s evidence cannot support certain false beliefs about which beliefs one’s (...) evidence supports. Recently, a number of epistemologists have challenged the thesis that self-misleading evidence is impossible on the grounds that misleading higher-order evidence does not have the kind of strong and systematic defeating force that would be needed to rule out the possibility of such self-misleading evidence. Here I respond to this challenge by proposing an account of higher-order defeat that does, indeed, render self-misleading evidence impossible. Central to the proposal is the idea that higher-order evidence acquires its normative force by influencing which conditional beliefs it is rational to have. What emerges, I argue, is an independently plausible view of higher-order evidence, which has the additional benefit of allowing us to reconcile evidentialism with the enkratic principle. (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)

We consider the argument that Tarski's classic definitions permit an intelligence---whether human or mechanistic---to admit finitary evidence-based definitions of the satisfaction and truth of the atomic formulas of the first-order Peano Arithmetic PA over the domain N of the natural numbers in two, hitherto unsuspected and essentially different, ways: (1) in terms of classical algorithmic verifiabilty; and (2) in terms of finitary algorithmic computability. We then show that the two definitions correspond to two distinctly different assignments of satisfaction and (...) truth to the compound formulas of PA over N---I_PA(N; SV ) and I_PA(N; SC). We further show that the PA axioms are true over N, and that the PA rules of inference preserve truth over N, under both I_PA(N; SV ) and I_PA(N; SC). We then show: (a) that if we assume the satisfaction and truth of the compound formulas of PA are always non-finitarily decidable under I_PA(N; SV ), then this assignment corresponds to the classical non-finitary putative standard interpretation I_PA(N; S) of PA over the domain N; and (b) that the satisfaction and truth of the compound formulas of PA are always finitarily decidable under the assignment I_PA(N; SC), from which we may finitarily conclude that PA is consistent. We further conclude that the appropriate inference to be drawn from Goedel's 1931 paper on undecidable arithmetical propositions is that we can define PA formulas which---under interpretation---are algorithmically verifiable as always true over N, but not algorithmically computable as always true over N. We conclude from this that Lucas' Goedelian argument is validated if the assignment I_PA(N; SV ) can be treated as circumscribing the ambit of human reasoning about `true' arithmetical propositions, and the assignment I_PA(N; SC) as circumscribing the ambit of mechanistic reasoning about `true' arithmetical propositions. (shrink)

This paper presents a new problem for the inference rule commonly known as Inference to the Best Explanation (IBE). The problem is that uncertainty about parts of one’s evidence may undermine the inferrability of a hypothesis that would provide the best explanation of that evidence, especially in cases where there is an alternative hypothesis that would provide a better explanation of only the more certain pieces of evidence. A potential solution to the problem is sketched, in which (...) IBE is generalized to handle uncertain evidence by invoking a notion of evidential robustness. (shrink)

Proceeding from serendipitous observations, three studies and two pilot experiments examined how the way mental representations are conceived varies as the subjective status of the representations is manifest or otherwise. Participants were found to produce simple line drawings differently when the drawings were assumed to represent mental contents (beliefs, imaginations, percepts). The results challenged particular lay epistemological concepts. They were partly accounted for by Gricean conversational rules, but a "subjective status bias" was postulated to have them fully explained. The (...) discussion and recommendations for research--completed with two pilot studies--center on the nature of this bias relating it either to a tendency to conceive subjective representations as vague "shadows of reality", or to a tendency to have an increased impact of the law of pregnance. The empirical outcomes of the pilot studies argue for the latter tendency. (shrink)

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

Abstract: This paper is a response to Park Seungbae’s article, “Defence of Cultural Relativism”. Some of the typical criticisms of moral relativism are the following: moral relativism is erroneously committed to the principle of tolerance, which is a universal principle; there are a number of objective moral rules; a moral relativist must admit that Hitler was right, which is absurd; a moral relativist must deny, in the face of evidence, that moral progress is possible; and, since every individual (...) belongs to multiple cultures at once, the concept of moral relativism is vague. Park argues that such contentions do not affect moral relativism and that the moral relativist may respond that the value of tolerance, Hitler’s actions, and the concept of culture are themselves relative. In what follows, I show that Park’s adroit strategy is unsuc-cessful. Consequently, moral relativism is incoherent. (shrink)

It has been argued that an epistemically rational agent’s evidence is subjectively mediated through some rational epistemic standards, and that there are incompatible but equally rational epistemic standards available to agents. This supports Permissiveness, the view according to which one or multiple fully rational agents are permitted to take distinct incompatible doxastic attitudes towards P (relative to a body of evidence). In this paper, I argue that the above claims entail the existence of a unique and more reliable (...) epistemic standard. My strategy relies on Condorcet’s Jury Theorem. This gives rise to an important problem for those who argue that epistemic standards are permissive, since the reliability criterion is incompatible with such a type of Permissiveness. (shrink)

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror (...) bias, admitting universal admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the “One-Strike (...) Rule,” was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

The first part of the article examines some recent studies on the early development of social norms that examine young children’s understanding of codified rule games. It is argued that the constitutive rules than define the games cannot be identified with social norms and therefore the studies provide limited evidence about socio-normative development. The second part reviews data on children’s play in natural settings that show that children do not understand norms as codified or rules of obligation, (...) and that the norms that guide social interaction are dynamic, situated, and heterogeneous. It is argued that normativity is intersubjective and negotiable and starts to develop in the first year, emerging as a practical skill that depends on participatory engagement. Three sources of compliance are discussed: emotional engagement, nonverbal agreement, and conversation. (shrink)

Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference that some condemn as violating the right to be “treated as an individual.” I suggest that the right encodes agents’ entitlement to a fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors and act intentionally to avoid (...) them. Furthermore, it condemns reliance on various indexes of distributive injustice, or unchosen properties, as evidence of law-breaking. (shrink)

In this paper I provide a frequentist philosophical-methodological solution for the stopping rule problem presented by Lindley & Phillips in 1976, which is settled in the ecological realm of testing koalas’ sex ratio. I deliver criteria for discerning a stopping rule, an evidence and a model that are epistemically more appropriate for testing the hypothesis of the case studied, by appealing to physical notion of probability and by analyzing the content of possible formulations of evidence, assumptions of models (...) and meaning of the ecological hypothesis. First, I show the difference in the evidence taken into account in different frequentist sampling procedures presented in the problem. Next, I discuss the inapplicability of the Carnapian principle of total evidence in deciding which formulation of evidence associated with a given sampling procedure and statistical model is epistemically more appropriate for testing the hypothesis in question. Then I propose a double-perspective (evidence and model) frequentist solution based on the choice of evidence which better corresponds to the investigated ecological hypothesis, as well as on the choice of a model that embraces less unrealistic ontological assumptions. Finally, I discuss two perspectives of the stopping rule dependence. (shrink)

What if your peers tell you that you should disregard your perceptions? Worse, what if your peers tell you to disregard the testimony of your peers? How should we respond if we get evidence that seems to undermine our epistemic rules? Several philosophers have argued that some epistemic rules are indefeasible. I will argue that all epistemic rules are defeasible. The result is a kind of epistemic particularism, according to which there are no simple rules (...) connecting descriptive and normative facts. I will argue that this type of particularism is more plausible in epistemology than in ethics. The result is an unwieldy and possibly infinitely long epistemic rule — an Uber-rule. I will argue that the Uber-rule applies to all agents, but is still defeasible — one may get misleading evidence against it and rationally lower one’s credence in it. (shrink)

This paper critically examines currently influential transparency accounts of our knowledge of our own beliefs that say that self-ascriptions of belief typically are arrived at by “looking outward” onto the world. For example, one version of the transparency account says that one self-ascribes beliefs via an inference from a premise to the conclusion that one believes that premise. This rule of inference reliably yields accurate self-ascriptions because you cannot infer a conclusion from a premise without believing the premise, and so (...) you cannot infer from a premise that you believe the premise unless you do believe it. I argue that this procedure cannot be a source of justification, however, because one can be justified in inferring from p that q only if p amounts to strong evidence that q is true. This is incompatible with the transparency account because p often is not very strong evidence that you believe that p. For example, unless you are a weather expert, the fact that it will rain is not very strong evidence that you believe it will rain. After showing how this intuitive problem can be made precise, I conclude with a broader lesson about the nature of inferential justification: that beliefs, when justified, must be underwritten by beliefs, when justified, must be underwritten by evidential relationships between the facts or propositions which those beliefs represent. (shrink)

This paper considers the question of whether chimpanzees possess at least a primitive sense of normativity: i.e., some ability to internalize and enforce social norms—rules governing appropriate and inappropriate behaviour—within their social groups, and to make evaluations of others’ behaviour in light of such norms. A number of scientists and philosophers have argued that such a sense of normativity does exist in chimpanzees and in several other non-human primate and mammalian species. However, the dominant view in the scientific and (...) philosophical literature is that psychological capacities for social norms evolved uniquely in the human lineage, after our last common ancestor with chimpanzees and bonobos. After reviewing some of the existing evidence for normative capacity in chimpanzees, I defend the thesis of chimpanzee normativity against three key theoretical objections that have been presented in the literature, each of which have played a part in motivating the dominant sceptical position. I argue that, while we still have much to learn about the nature and extent of the normative capacities of other animals, there is strong prima facie evidence for social norms and normative evaluation in chimpanzees and the main theoretical objections to chimpanzee normativity are not at all compelling. (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)

Homeopathic medications are used by millions, and hundreds of millions of dollars are spent on these remedies in the USA alone. In the UK, the NHS covers homeopathic treatments. Nonetheless, homeopathy is held in considerable disrepute by much of the medical and scientific community.Many proponents of homeopathy are well aware of these criticisms but remain unimpressed. The differences of opinion run deep, and the debate seems deadlocked. We aim to shed some light on this situation. We briefly recap some of (...) the major arguments on each side, but we try to go further by making explicit an underlying philosophical presupposition. In particular, we will claim that there is an important principle, which has ancient roots going back at least to Occam, some version of which constrains all empirical reasoning.We call this constraint the simplicity principle.We argue that this is not something specific to a scientific paradigm, but that, all of us, including proponents of homeopathy, are themselves deeply committed to the simplicity principle. However, once the simplicity principle is made explicit and applied to homeopathy, allegiance to homeopathy is clearly seen as irrational. The point is not merely the lack of clinical trials supporting homeopathy; rather, belief in the efficacy of homeopathy leaves a mountain of unexplained mysteries, and thereby flies in the face of the simplicity rule that guides the homeopaths’ own reasoning and arguments. If nothing else, we hope that defenders of homeopathy will gain a greater understanding of why critics are so deeply reluctant to accept the efficacy of homeopathic interventions – and that this reluctance is not mere stubbornness or artificial allegiance to western medicine. Finally, we also hope thereby to illustrate the usefulness of philosophy in unearthing presuppositions in seemingly deadlocked debates. (shrink)

Paul Feyerabend argued that theories can be faced with experimental anomalies whose refuting character can only be recognized by developing alternatives to the theory. The alternate theory must explain the experimental results without contrivance and it must also be supported by independent evidence. I show that the situation described by Feyerabend arises again and again in experiments or observations that test the postulates in the standard cosmological model relating to dark matter. The alternate theory is Milgrom’s modified dynamics. I (...) discuss three examples: the failure to detect dark-matter particles in laboratory experiments; the lack of evidence for dark-matter sub-haloes and the dwarf galaxies that are postulated to inhabit them; and the failure to confirm the predicted orbital decay of Milky Way satellite galaxies and other systems due to dynamical friction against the dark matter. In each case, Feyerabend’s criterion directs us to interpret the experimental or observational results as an indirect refutation of the standard cosmological model in favor of Milgrom’s theory. (shrink)

Research into the neural correlates of consciousness (NCC) aims to identify not just those brain areas that are NCC, but also those that are not. In the received method for ruling out a brain area from being an NCC, this is accomplished by showing a brain area’s content to be consistently absent from subjects’ reports about what they are experiencing. This paper points out how this same absence can be used to infer that the brain area’s content is cognitively inaccessible, (...) in which case we would expect its content to be absent from subjects’ reports whether its content is (phenomenally) conscious or not. If so, such reports cannot count as evidence against that brain area being an NCC, and the received method fails. An alternative method (one suggested in Block, 2007) is considered. (shrink)

Until recently most militaries tended to see moral issues through the lens of rules and regulations. Today, however, many armed forces consider teaching virtues to be an important complement to imposing rules and codes from above. A closer look reveals that it is mainly established military virtues such as honour, courage and loyalty that dominate both the lists of virtues and values of most militaries and the growing body of literature on military virtues. Although there is evidently still (...) a role for these traditional martial virtues, it is equally evident that they are not particularly relevant to, for instance, military personnel operating drones. This chapter looks into the ethics of unmanned warfare from the perspective of military virtues and military ethics education, and addresses the question of what we need to solve that just-mentioned misalignment: 1) a new set of virtues; 2) a different interpretation of the existing virtues; or 3) a different approach altogether, that is, an alternative to teaching virtues? That we have to think about such questions is at least partly because unmanned systems bring risk asymmetry in war to a new level, making warlike virtues such as physical courage by and large obsolete. The last section of this chapter therefore addresses the question: to what extent does the possibility of riskless warfare makes drone use ‘virtue-less’? (shrink)

Perhaps the most striking phenomenon of visual awareness is inattentional blindness (IB), in which a surprisingly salient event right in front of you may go completely unseen when unattended. Does IB reflect a failure of perception, or only of subsequent memory? Previous work has been unable to answer this question, due to a seemingly intractable dilemma: ruling out memory requires immediate perceptual reports, but soliciting such reports fuels an expectation that eliminates IB. Here we introduce a way of evoking repeated (...) IB in the same subjects and the same session: we show that observers fail to report seeing salient events’ not only when they have no expectation, but also when they have the wrong expectations about the events nature. This occurs when observers must immediately report seeing anything unexpected, even mid-event. Repeated IB thus demonstrates that IB is aptly named: it reflects a genuine deficit in moment-by-moment conscious perception, rather than a form of inattentional amnesia. (shrink)

How much does rationality constrain what we should believe on the basis of our evidence? According to this book, not very much. For most people and most bodies of evidence, there is a wide range of beliefs that rationality permits them to have in response to that evidence. The argument, which takes inspiration from William James' ideas in 'The Will to Believe', proceeds from two premises. The first is a theory about the basis of epistemic rationality. It's (...) called epistemic utility theory, and it says that what it is epistemically rational for you to believe is what it would be rational for you to choose if you were given the chance to pick your beliefs and, when picking them, you were to care only about their epistemic value. So, to say which beliefs are permitted, we must say how to measure epistemic value, and which decision rule to use when picking your beliefs. The second premise is a claim about attitudes to epistemic risk, and it says that rationality permits many different such attitudes. These attitudes can show up in epistemic utility theory in two ways: in the way you measure epistemic value; and in the decision rule you use to pick beliefs. This book explores the latter. The result is permissivism about epistemic rationality: different attitudes to epistemic risk lead to different choices of prior beliefs; given most bodies of evidence, different priors lead to different posteriors; and even once we fix your attitudes to epistemic risk, if they are at all risk-inclined, there is a range of different priors and therefore different posteriors they permit. (shrink)

Conventional wisdom dictates that proofs of mathematical propositions should be treated as necessary, and sufficient, for entailing `significant' mathematical truths only if the proofs are expressed in a---minimally, deemed consistent---formal mathematical theory in terms of: * Axioms/Axiom schemas * Rules of Deduction * Definitions * Lemmas * Theorems * Corollaries. Whilst Andrew Wiles' proof of Fermat's Last Theorem FLT, which appeals essentially to geometrical properties of real and complex numbers, can be treated as meeting this criteria, it nevertheless leaves (...) two questions unanswered: (i) Why is x^n +y^n = z^n solvable only for n < 3 if x, y, z, n are natural numbers? (ii) What technique might Fermat have used that led him to, even if only briefly, believe he had `a truly marvellous demonstration' of FLT? Prevailing post-Wiles wisdom---leaving (i) essentially unaddressed---dismisses Fermat's claim as a conjecture without a plausible proof of FLT. -/- However, we posit that providing evidence-based answers to both queries is necessary not only for treating FLT as significant, but also for understanding why FLT can be treated as a true arithmetical proposition. We thus argue that proving a theorem formally from explicit, and implicit, premises/axioms using rules of deduction---as currently accepted---is a meaningless game, of little scientific value, in the absence of evidence that has already established---unambiguously---why the premises/axioms and rules of deduction can be treated, and categorically communicated, as pre-formal truths in Marcus Pantsar's sense. Consequently, only evidence-based, pre-formal, truth can entail formal provability; and the formal proof of any significant mathematical theorem cannot entail its pre-formal truth as evidence-based. It can only identify the explicit/implicit premises that have been used to evidence the, already established, pre-formal truth of a mathematical proposition. Hence visualising and understanding the evidence-based, pre-formal, truth of a mathematical proposition is the only raison d'etre for subsequently seeking a formal proof of the proposition within a formal mathematical language (whether first-order or second order set theory, arithmetic, geometry, etc.) By this yardstick Andrew Wiles' proof of FLT fails to meet the required, evidence-based, criteria for entailing a true arithmetical proposition. -/- Moreover, we offer two scenarios as to why/how Fermat could have laconically concluded in his recorded marginal noting that FLT is a true arithmetical proposition---even though he either did not (or could not to his own satisfaction) succeed in cogently evidencing, and recording, why FLT can be treated as an evidence-based, pre-formal, arithmetical truth (presumably without appeal to properties of real and complex numbers). It is primarily such a putative, unrecorded, evidence-based reasoning underlying Fermat's laconic assertion which this investigation seeks to reconstruct; and to justify by appeal to a plausible resolution of some philosophical ambiguities concerning the relation between evidence-based, pre-formal, truth and formal provability. (shrink)

A principal conclusion supported by convergent evidence from cognitive science, life science, and philosophy is that knowledge is a central norm of assertion—that is, according to the rules of the practice, assertions should express knowledge. That view has recently been challenged with new experiments. This paper identifies a critical confound in the experiments. In the process, a new study is reported that provides additional support for the view that knowledge is a central norm of assertion.

Prima facie, rule-consequentialism as a moral theory would correlate with the concerns of an omnibenevolent being should one exist. Indeed, such a being would be divine, and under the lenses of the three Abrahamic religions, would inter alia, also be omnipotent and omniscient. In this paper, I consider the attitude of such a being to rule-consequentialism in human society. I argue, from a probabilistic perspective, that the evidence of Abrahamic scripture confirms, to a degree, that God would judge rule-consequentialism (...) to be a sound moral theory in different societies. I also consider a similar argument from a secular perspective. (shrink)

The aim of this paper is to apply the accuracy based approach to epistemology to the case of higher order evidence: evidence that bears on the rationality of one's beliefs. I proceed in two stages. First, I show that the accuracy based framework that is standardly used to motivate rational requirements supports steadfastness—a position according to which higher order evidence should have no impact on one's doxastic attitudes towards first order propositions. The argument for this will require (...) a generalization of an important result by Greaves and Wallace for the claim that conditionalization maximizes expected accuracy. The generalization I provide will, among other things, allow us to apply the result to cases of self-locating evidence. In the second stage, I develop an alternative framework. Very roughly, what distinguishes the traditional approach from the alternative one is that, on the traditional picture, we're interested in evaluating the expected accuracy of conforming to an update procedure. On the alternative picture that I develop, instead of considering how good an update procedure is as a plan to conform to, we consider how good it is as a plan to make. I show how, given the use of strictly proper scoring rules, the alternative picture vindicates calibrationism: a view according to which higher order evidence should have a significant impact on our beliefs. I conclude with some thoughts about why higher order evidence poses a serious challenge for standard ways of thinking about rationality. (shrink)