Moral encroachment holds that the epistemic justification of a belief can be affected by moral factors. If the belief might wrong a person or group more evidence is required to justify the belief. Moral encroachment thereby opposes evidentialism, and kindred views, which holds that epistemic justification is determined solely by factors pertaining to evidence and truth. In this essay I explain how beliefs such as ‘that woman is probably an administrative assistant’—based on the evidence that most women employees at the (...) firm are administrative assistants—motivate moral encroachment. I then describe weaknesses of moral encroachment. Finally I explain how we can countenance the moral properties of such beliefs without endorsing moral encroachment, and I argue that the moral status of such beliefs cannot be evaluated independently from the understanding in which they are embedded. (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)

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)

The epistemology of risk examines how risks bear on epistemic properties. A common framework for examining the epistemology of risk holds that strength of evidential support is best modelled as numerical probability given the available evidence. In this essay I develop and motivate a rival ‘relevant alternatives’ framework for theorising about the epistemology of risk. I describe three loci for thinking about the epistemology of risk. The first locus concerns consequences of relying on a belief for action, where those consequences (...) are significant if the belief is false. The second locus concerns whether beliefs themselves—regardless of action—can be risky, costly, or harmful. The third locus concerns epistemic risks we confront as social epistemic agents. I aim to motivate the relevant alternatives framework as a fruitful approach to the epistemology of risk. I first articulate a ‘relevant alternatives’ model of the relationship between stakes, evidence, and action. I then employ the relevant alternatives framework to undermine the motivation for moral encroachment. Finally, I argue the relevant alternatives framework illuminates epistemic phenomena such as gaslighting, conspiracy theories, and crying wolf, and I draw on the framework to diagnose the undue skepticism endemic to rape accusations. (shrink)

An annotated bibliography of legal epistemology.

The teleological approach to an epistemic concept investigates it by asking questions such as ‘what is the purpose of the concept?’, ‘What role has it played in the past?’, or ‘If we imagine a society without the concept, why would they feel the need to invent it?’ The idea behind the teleological approach is that examining the function of the concept illuminates the contours of the concept itself. This approach is a relatively new development in epistemology, and as yet there (...) are few works examining it. This paper aims to fill this gap and engender further understanding of the teleological method. I first contrast the teleological method with more orthodox approaches in epistemology. I then draw a three-way taxonomy of different kinds of teleological approach and provide an example of each kind. The teleological approach is often presented as antithetical to the more orthodox approaches in epistemology, and so in competition with them. I demur. I argue that the methods can be fruitfully combined in epistemological theorising; in the final section I suggest specific ways the teleological approach can be incorporated alongside more orthodox methods in a general methodological reflective equilibrium. (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)

This essay introduces the ‘she said, he said’ paradox for Title IX investigations. ‘She said, he said’ cases are accusations of rape, followed by denials, with no further significant case-specific evidence available to the evaluator. In such cases, usually the accusation is true. Title IX investigations adjudicate sexual misconduct accusations in US educational institutions; I address whether they should be governed by the ‘preponderance of the evidence’ standard of proof or the higher ‘clear and convincing evidence’ standard. -/- Orthodoxy holds (...) that the ‘preponderance’ standard is satisfied if the evidence adduced renders the litigated claim more likely than not. On this view, I argue, ‘she said, he said’ cases satisfy the ‘preponderance’ standard. But this consequence conflicts with plausible liberal and feminist claims. In this essay I contrast the ‘she said, he said’ paradox with legal epistemology’s proof paradox. I explain how both paradoxes arise from the distinction between individualised and non-individualised evidence, and I critically evaluate responses to the ‘she said, he said’ paradox. (shrink)

My essay ‘Attunement: On the Cognitive Virtues of Attention’ is the lead essay in a symposium. Adam Carter and Sandy Goldberg each respond to the ‘Attunement’ essay. This is my rejoinder. -/- (i.) Carter argues that resources from virtue reliabilism can explain the source of attention normativity. He modifies this virtue reliabilist AAA-framework to apply to attentional normativity. I raise concerns about Carter’s project. I suggest that true belief and proper attentional habits are not relevantly similar. -/- (ii.) Goldberg claims (...) that social roles underwrite kinds of attentional normativity that are not well-captured by virtue theory. I critically assess this claim. (shrink)

An account of the nature of knowledge must explain the value of knowledge. I argue that modal conditions, such as safety and sensitivity, do not confer value on a belief and so any account of knowledge that posits a modal condition as a fundamental constituent cannot vindicate widely held claims about the value of knowledge. I explain the implications of this for epistemology: We must either eschew modal conditions as a fundamental constituent of knowledge, or retain the modal conditions but (...) concede that knowledge is not more valuable than that which falls short of knowledge. This second horn—concluding that knowledge has no distinctive value—is unappealing since it renders puzzling why so much epistemological theorising focuses on knowledge, and why knowledge seems so important. (shrink)

Robust virtue epistemology holds that knowledge is true belief obtained through cognitive ability. In this essay I explain that robust virtue epistemology faces a dilemma, and the viability of the theory depends on an adequate understanding of the ‘through’ relation. Greco interprets this ‘through’ relation as one of causal explanation; the success is through the agent’s abilities iff the abilities play a sufficiently salient role in a causal explanation of why she possesses a true belief. In this paper I argue (...) that Greco’s account of the ‘through’ relation is inadequate. I describe kinds of counterexample and explain why salience is the wrong kind of property to track epistemically relevant conditions or to capture the nature of knowledge. Advocates of robust virtue epistemology should develop an alternative account of the ‘through’ relation. I also argue that virtue epistemology should employ an environment-relative interpretation of epistemic virtue. (shrink)

I motivate three claims: Firstly, attentional traits can be cognitive virtues and vices. Secondly, groups and collectives can possess attentional virtues and vices. Thirdly, attention has epistemic, moral, social, and political importance. An epistemology of attention is needed to better understand our social-epistemic landscape, including media, social media, search engines, political polarisation, and the aims of protest. I apply attentional normativity to undermine recent arguments for moral encroachment and to illuminate a distinctive epistemic value of occupying particular social positions. A (...) recurring theme is that disproportionate attention can distort, mislead, and misrepresent even when all the relevant claims are true and well supported by evidence. In the informational cacophony of the internet age, epistemology must foreground the cognitive virtues of attunement. (shrink)

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)

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

Ian James Kidd investigates how social forces shape epistemic character. I outline his proposed 'critical character epistemology' and I critically assess his discussion of the roles of salience in sustaining epistemic vice. -/- I emphasise how patterns of salience affect how social position—race, gender, class, and so on—shapes epistemic character. I dispute Kidd’s claim that all epistemic vices are salient. Instead, I argue, epistemic vice is camouflaged by ubiquity. Similarly, I dispute his claim that ‘normed-vices’ are particularly salient. -/- .

This essay replies to Michael Morreau and Erik J. Olsson’s ‘Learning from Ranters: The Effect of Information Resistance on the Epistemic Quality of Social Network Deliberation’. Morreau and Olsson use simulations to suggest that false ranters—agents who do not update their beliefs and only ever assert false claims—do not diminish the epistemic value of deliberation for other agents and can even be epistemically valuable. They argue conclude that “Our study suggests that including [false] ranters has little or no negative effect (...) on the epistemic value of social deliberation. Including them can even be epistemically beneficial. -/- I present concerns about their model and I enumerate some epistemic values that their discussion omits. I first raise two interrelated worries: (i.) The model is too simple; real-life irresponsible assertors do not speak uniformly falsely, for example. And tracking testifiers’ reliability demands cognitive resources. (ii.) In reality, we do not treat a person’s assertions that p as evidence that not p, especially not for all their assertions. I argue that these simplifications threat Morreau and Olsson conclusion. -/- I then enumerate epistemic values and disvalues that Morreau and Olsson do not discuss, but which bear on the value of false assertions and false ranters in their simulation and in real life. Candidate disvalues include: False beliefs of ranters; cognitive costs of discerning and recalling testifiers’ reliability; distrust; epistemic polarisatin; a prevalence of false assertion can impugn all testimony, including that of reliable testifiers. And candidate values include: a prevalence of true beliefs and assertions; attention being directed towards the right things; well-functioning trust relationships; believing people’s assertions; healthy discussion; epistemic respect; learning together. -/- . (shrink)