Introduction and Discussion of a Special Issue in philosophy of law "Philosophical Dimensions of the Trial" -/- .

* Special Issue on the Philosophical Dimensions of the Trial* This summarises and discusses the contributions.

This is an imagined dialogue between one of the more famous skeptics regarding moral attribution, Thrasymachus, and an imagined Socrates who, through the convenient miracle of time travel, returns to Athens after exposure to contemporary metaethics, now a devoted and formidable quasi-realist expressivist. The dialogue focuses on the characterization of moral conflict and moral justification available to the expressivist, and the authors attempt to lay out the distinctive strengths and weaknesses of the expressivist view.

In this paper, we present the results of the construction and validation of a new psychometric tool for measuring beliefs about free will and related concepts: The Free Will Inventory (FWI). In its final form, FWI is a 29-item instrument with two parts. Part 1 consists of three 5-item subscales designed to measure strength of belief in free will, determinism, and dualism. Part 2 consists of a series of fourteen statements designed to further explore the complex network of people’s associated (...) beliefs and attitudes about free will, determinism, choice, the soul, predictability, responsibility, and punishment. Having presented the construction and validation of FWI, we discuss several ways that it could be used in future research, highlight some as yet unanswered questions that are ripe for interdisciplinary investigation, and encourage researchers to join us in our efforts to answer these questions. (shrink)

The notion of subjective indistinguishability has long played a central role in explanations of the force of Cartesian sceptical hypotheses. I argue that sceptical hypotheses do not need to be subjectively indistinguishable to be compelling and I provide an alternative diagnosis of their force that explains why this is the case. My diagnosis focuses on the relation between one’s experiences and third-personal accounts of the circumstances in which these experiences occur. This relation is characterized by a distinctive gap that leaves (...) room for questions about the nature of one’s circumstances, providing sceptical hypotheses with a foothold. I argue that this gap lends sceptical hypotheses their force and renders the stipulation of subjective indistinguishability unnecessary. (shrink)

When organizations solve collective action problems or realize values, they do so by means of institutions. These are commonly regarded as self-stabilizing. Yet, they can also be subject to endogenous processes of decay, or so we argue. We explain this in terms of psychological and cultural processes, which can change even if the formal structures remain unchanged. One key implication is that the extent to which norms, values, and ideals motivate individuals to comply with institutions is limited.

I. Introduction Siris, Berkeley's last major work, is undeniably a rather odd book. It could hardly be otherwise, given Berkeley's aims in writing it, which are three-fold: 'to communicate to the public the salutary virtues of tar-water,'1 to provide scientific background supporting the efficacy of tar-water as a medicine, and to lead the mind of the reader, via gradual steps, toward contemplation of God.2 The latter two aims shape Berkeley's extensive use of contemporary natural science in Siris. In particular, Berkeley's (...) focus on what he calls fire (or aether or light) as a quasiuniversal 'cause' of natural change3 serves these purposes, for the 'activity' of the aether, in his view, can both explain the miraculous virtues of a certain medicine, i.e. tar-water, and reveal God's action and his divine order.4 Berkeley's corpuscular speculations, including his use of fire-theory, are not especially idiosyncratic as natural philosophy. In his theorizing, as Jessop and other have noted, he is heavily indebted to the work of Hermann Boerhaave, the Dutch chemist, botanist, and physician whose teachings were highly influential in mid-eighteenth century Britain.5 Boerhaave, along with other Dutch natural philosophers cited by Berkeley, assigned a central role in accounting for physio-chemical activity to fire, a subtle, insensible particulate substance, sometimes identified with light. (shrink)

We examine moving spotlight theories of time: theories according to which there are past and future events and an objective present moment. In Section 1, we briefly discuss the origins of the view. In Section 2, we describe the traditional moving spotlight view, which we understand as an ‘enriched’ B-theory of time, and raise some problems for that view. In the next two sections, we describe versions of the moving spotlight view that we think are better and which solve those (...) problems. In Section 3, we describe a version of the view that combines permanentism – the thesis that all things always exist – with propositional temporalism, the thesis that some propositions are sometimes true and sometimes false. In Section 4, we discuss a version of the view that is like an ‘enriched’ presentism. We conclude with some brief thoughts on issues that remain outstanding. (shrink)

In psychiatry some disorders of cognition are distinguished from instances of normal cognitive functioning and from other disorders in virtue of their surface features rather than in virtue of the underlying mechanisms responsible for their occurrence. Aetiological considerations often cannot play a significant classificatory and diagnostic role, because there is no sufficient knowledge or consensus about the causal history of many psychiatric disorders. Moreover, it is not always possible to uniquely identify a pathological behaviour as the symptom of a certain (...) disorder, as disorders that are likely to differ both in their causal histories and in their overall manifestations may give rise to very similar patterns of behaviour. -/- Consider delusions as an example. It wouldn’t be correct to define delusions as those beliefs people form as a result of a neurobiological deficit and a hypothesis-evaluation deficit (as some versions of the two-factor theory of delusions suggest), because for some delusions no neurobiological deficit may be found, and reasoning biases and motivational factors may be contributors to the formation of the delusion (e.g. McKay et al., 2005). Moreover, it would be a mistake to define delusions as symptoms of schizophrenia alone, because they occur also in other disorders, including dementia, amnesia, and delusional disorders. Thus, aetiological considerations may appear in the description and analysis of delusions, but do not feature prominently in their definition. -/- In this paper I argue that the surface features used as criteria for the classification and diagnosis of disorders of cognition are often epistemic in character. I shall offer two examples: confabulations and delusions are defined as beliefs or narratives that fail to meet standards of accuracy and justification. Although classifications and diagnoses based on features of people’s observable behaviour are necessary at these early stages of neuropsychiatric research, given the variety of conditions in which certain phenomena appear, I shall attempt to show that current epistemic accounts of confabulations and delusions have limitations. Epistemic criteria can guide both research and clinical practice, but fail to provide sufficient conditions for the identification of delusions and confabulations, and fail to demarcate pathological from non-pathological narratives or beliefs. -/- Another limitation of current epistemic accounts – which I shall not address here – is the excessive focus on epistemic faults of confabulations and delusions at the expense of their epistemically neutral or advantageous features (see Bortolotti and Cox, 2009). This may lead to a misconception of delusions and confabulations, and to an oversimplification in the assessment of the needs of people who require clinical treatment for their psychotic symptoms. (shrink)

Structural analogies connect Williamson’s epistemology and action theory: for example, action is the direction-of-fit mirror image of knowledge, and knowledge stands to belief as action stands to intention. These structural analogies, for Williamson, are meant to illuminate more generally how ‘mirrors’ reversing direction of fit should be understood as connecting the spectrum of our cognitive and practically oriented mental states. This paper has two central aims, one negative and the other positive. The negative aim is to highlight some intractable problems (...) with Williamson’s preferred analogical picture, which links the cognitive and the practical through the nexus of direction-of-fit mirroring. The positive aim of the paper is to propose a better alternative. In particular, we show that an achievement-theoretic proposal captures what is in common across the range of attitudes that exhibit the kind of structure that knowledge-belief, action-desire/intention do, while at the same time avoiding the problems shown to face Williamson’s proposed picture. Moreover, we draw attention to several key theoretical benefits of embracing our proposed achievement-theoretic picture, including some of the key benefits of the knowledge-first programme that Williamson’s own analogies were designed to secure. (shrink)

This paper deals with a collection of concerns that, over a period of time, led the author away from the Routley–Meyer semantics, and towards proof- theoretic approaches to relevant logics, and indeed to the weak relevant logic MC of meaning containment.

: Drawing on Adriana Cavarero's account of natality, Guenther argues that Martin Heidegger overlooks the distinct ontological and ethical significance of birth as a limit that orients one toward an other who resists appropriation, even while handing down a heritage of possibilities that one can—and must—make one's own. Guenther calls this structure of natality Being-from-others, modifying Heidegger's language of inheritance to suggest an ethical understanding of existence as the gift of the other.

There is an apparent tension in current accounts of the relationship between reason giving and self knowledge. On the one hand, philosophers like Richard Moran (2001) claim that deliberation and justification can give rise to first-person authority over the attitudes that subjects form or defend on the basis of what they take to be their best reasons. On the other hand, the psychological evidence on the introspection effects and the literature on elusive reasons suggest that engaging in explicit deliberation or (...) justification leads subjects to report attitudes that are not consistent with their previous attitudes or with their future behavior. On the basis of these findings, Tim Wilson (2002) argues that analyzing reasons compromises self knowledge. I shall defend a realistic account of the effects of reason giving which is compatible with the empirical findings on introspection and also with the claim that deliberation and justification have epistemic benefits. (shrink)

This paper compares two alternative explanations of pragmatic encroachment on knowledge (i.e., the claim that whether an agent knows that p can depend on pragmatic factors). After reviewing the evidence for such pragmatic encroachment, we ask how it is best explained, assuming it obtains. Several authors have recently argued that the best explanation is provided by a particular account of belief, which we call pragmatic credal reductivism. On this view, what it is for an agent to believe a proposition is (...) for her credence in this proposition to be above a certain threshold, a threshold that varies depending on pragmatic factors. We show that while this account of belief can provide an elegant explanation of pragmatic encroachment on knowledge, it is not alone in doing so, for an alternative account of belief, which we call the reasoning disposition account, can do so as well. And the latter account, we argue, is far more plausible than pragmatic credal reductivism, since it accords far better with a number of claims about belief that are very hard to deny. (shrink)

In this paper I discuss the costs and benefits of confabulation, focusing on the type of confabulation people engage in when they offer explanations for their attitudes and choices. What makes confabulation costly? In the philosophical literature confabulation is thought to undermine claims to self-knowledge. I argue that when people confabulate they do not necessarily fail at mental-state self-attributions, but offer ill-grounded explanations which often lead to the adoption of other ill-grounded beliefs. What, if anything, makes confabulation beneficial? As people (...) are unaware of the information that would make their explanations accurate, they are not typically in a position to acknowledge their ignorance or provide better-grounded explanations for their attitudes and choices. In such cases, confabulating can have some advantages over offering no explanation because it makes a distinctive contribution to people’s sense of themselves as competent and largely coherent agents. This role of ill-grounded explanations could not be as easily played by better-grounded explanations should these be available. In the end, I speculate about the implications of this conclusion for attempting to eliminate or reduce confabulation. (shrink)

Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof (...) and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes (e.g. guilty or not guilty) or rather use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

Both Immanuel Kant and Paul Guyer have raised important concerns about the limitations of Lockean thought. Following Guyer, I will focus my attention on questions about the proper ambitions and likely achievements of inquiry into the natural/physical world. I will argue that there are at least two important respects, not discussed by Guyer, in which Locke’s account of natural philosophy is much more flexible and accommodating than may be immediately apparent. On my interpretation, however, one crucial source of a too-limited (...) vision of natural philosophy remains in Locke, where he is appropriately criticized by both Kant and Guyer. My method will be to begin with a distinction that Locke draws in the very first draft of the Essay, between what he calls “the sensible object” and, on the other hand, “the uncertain philosophical cause.” I believe that Locke’s notion of “sensible object,” as opposed to uncertain philosophical cause, retains a central place in his thought in the published Essay, despite the fact thateven though this contrast is never made explicitly there. Tracing the evolution of these two concepts in his thought will allow us to track and better understand his developing views about the relation between the project of the. (shrink)

Kopec and Titelbaum collect five alleged counterexamples to Uniqueness, the thesis that it is impossible for agents who have the same total evidence to be ideally rational in having different doxastic attitudes toward the same proposition. I argue that four of the alleged counterexamples fail, and that Uniqueness should be slightly modified to accommodate the fifth example.

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

Is authoritarian power ever legitimate? The contemporary political theory literature—which largely conceptualizes legitimacy in terms of democracy or basic rights—would seem to suggest not. I argue, however, that there exists another, overlooked aspect of legitimacy concerning a government’s ability to ensure safety and security. While, under normal conditions, maintaining democracy and rights is typically compatible with guaranteeing safety, in emergency situations, conflicts between these two aspects of legitimacy can and often do arise. A salient example of this is the COVID-19 (...) pandemic, during which severe limitations on free movement and association have become legitimate techniques of government. Climate change poses an even graver threat to public safety. Consequently, I argue, legitimacy may require a similarly authoritarian approach. While unsettling, this suggests the political importance of climate action. For if we wish to avoid legitimating authoritarian power, we must act to prevent crises from arising that can only be resolved by such means. (shrink)

I argue that traditional views on which beliefs are subject only to purely epistemic assessment can reject demographic profiling, even when based on seemingly robust evidence. This is because the moral failures involved in demographic profiling can be located in the decision not to suspend judgment, rather than supposing that beliefs themselves are a locus of moral evaluation. A key moral reason to suspend judgment when faced with adverse demographic evidence is to promote social equality—this explains why positive profiling is (...) dubious, along with more familiar cases of negative profiling, and why profiling is suspect even when no particular action is at stake. My suspension-based view, while compatible with revisionary normative positions, does not presuppose them. Philosophers of all stripes can reject demographic profiling both in thought and deed. (shrink)

Social scientists appeal to various “structures” in their explanations including public policies, economic systems, and social hierarchies. Significant debate surrounds the explanatory relevance of these factors for various outcomes such as health, behavioral, and economic patterns. This paper provides a causal account of social structural explanation that is motivated by Haslanger (2016). This account suggests that social structure can be explanatory in virtue of operating as a causal constraint, which is a causal factor with unique characteristics. A novel causal framework (...) is provided for understanding these explanations–this framework addresses puzzles regarding the mysterious causal influence of social structure, how to understand its relation to individual choice, and what makes it the main explanatory (and causally responsible) factor for various outcomes. (shrink)

This essay is an examination of stupid knowing, an attempt to catalog a particular species of knowing, and to understand when, how, and why the label "stupid" gets applied to marginalized groups of knowers. Heldke examines the ways the defining processes work and the conditions that make them possible, by considering one group of people who get defined as stupid: rural people. In part, the author intends her identification and categorization of stupid knowing to support the work of theorists of (...) resistance who have identified ways that those marginalized as stupid knowers use the cloak of their purported stupidity in the aid of their resistance. Heldke also hopes to add to the existing critique of the hierarchies of knowing an understanding of one particular way one form of knowledge is devalued: stupidification. Why are some forms of knowledge actually regarded as leaving one incapable of other forms of rational thought? (shrink)

Non-well-founded set theories allow set-theoretic exotica that standard ZFC will not allow, such as a set that has itself as its sole member. We can distinguish plenitudinous non-well-founded set theories, such as Boffa set theory, that allow infinitely many such sets, from restrictive theories, such as Finsler-Aczel or AFA, that allow exactly one. Plenitudinous non-well-founded set theories face a puzzle: nothing seems to explain the identity or distinctness of various of the sets they countenance. In this paper I aim to (...) sharpen this puzzle, make clear who it does and does not apply to and, ultimately, to argue in favor of a plenitudinous theory like Boffa. (shrink)

The increasing demand for transparency in AI has recently come under scrutiny. The question is often posted in terms of “epistemic double standards”, and whether the standards for transparency in AI ought to be higher than, or equivalent to, our standards for ordinary human reasoners. I agree that the push for increased transparency in AI deserves closer examination, and that comparing these standards to our standards of transparency for other opaque systems is an appropriate starting point. I suggest that a (...) more fruitful exploration of this question will involve a different comparison class. We routinely treat judgments made by highly trained experts in specialized fields as fair or well-grounded even though—by the nature of expert/layperson division of epistemic labor—an expert will not be able to provide an explanation of the reasoning behind these judgments that makes sense to most other people. Regardless, laypeople are thought to be acting reasonably—and ethically—in deferring to the judgments of experts that concern their areas of specialization. I suggest that we reframe our question regarding the appropriate standards of transparency in AI as one that asks when, why, and to what degree it would be ethical to accept opacity in AI. I argue that our epistemic relation to certain opaque AI technology may be relevantly similar to the layperson’s epistemic relation to the expert in certain respects, such that the successful expert/layperson division of epistemic labor can serve as a blueprint for the ethical use of opaque AI. (shrink)

Delusions are defined as irrational beliefs that compromise good functioning. However, in the empirical literature, delusions have been found to have some psychological benefits. One proposal is that some delusions defuse negative emotions and protect one from low self-esteem by allowing motivational influences on belief formation. In this paper I focus on delusions that have been construed as playing a defensive function (motivated delusions) and argue that some of their psychological benefits can convert into epistemic ones. Notwithstanding their epistemic costs, (...) motivated delusions also have potential epistemic benefits for agents who have faced adversities, undergone physical or psychological trauma, or are subject to negative emotions and low self-esteem. To account for the epistemic status of motivated delusions, costly and beneficial at the same time, I introduce the notion of epistemic innocence. A delusion is epistemically innocent when adopting it delivers a significant epistemic benefit, and the benefit could not be attained if the delusion were not adopted. The analysis leads to a novel account of the status of delusions by inviting a reflection on the relationship between psychological and epistemic benefits. (shrink)

According to mainstream philosophical views causal explanation in biology and neuroscience is mechanistic. As the term ‘mechanism’ gets regular use in these fields it is unsurprising that philosophers consider it important to scientific explanation. What is surprising is that they consider it the only causal term of importance. This paper provides an analysis of a new causal concept—it examines the cascade concept in science and the causal structure it refers to. I argue that this concept is importantly different from the (...) notion of mechanism and that this difference matters for our understanding of causation and explanation in science. (shrink)

The notion of understanding occupies an increasingly prominent place in contemporary epistemology, philosophy of science, and moral theory. A central and ongoing debate about the nature of understanding is how it relates to the truth. In a series of influential contributions, Catherine Elgin has used a variety of familiar motivations for antirealism in philosophy of science to defend a non- factive theory of understanding. Key to her position are: (i) the fact that false theories can contribute to the upwards trajectory (...) of scientific understanding, and (ii) the essential role of inaccurate idealisations in scientific research. Using Elgin’s arguments as a foil, I show that a strictly factive theory of understanding has resources with which to offer a unified response to both the problem of idealisations and the role of false theories in the upwards trajectory of scientific understanding. Hence, strictly factive theories of understanding are viable notwithstanding these forceful criticisms. (shrink)

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

There has been some recent optimism that addressing the question of how we distinguish sensory modalities will help us consider whether there are limits on a scientific understanding of perceptual states. For example, Block has suggested that the way we distinguish sensory modalities indicates that perceptual states have qualia which at least resist scientific characterization. At another extreme, Keeley argues that our common-sense way of distinguishing the senses in terms of qualitative properties is misguided, and offers a scientific eliminativism about (...) common-sense modalities which avoids appeal to qualitative properties altogether. I’ll argue contrary to Keeley that qualitative properties are necessary for distinguishing senses, and contrary to Block that our common-sense distinction doesn’t indicate that perceptual states have qualia. A non-qualitative characterization of perceptual states isn’t needed to avoid the potential limit on scientific understanding imposed by qualia. (shrink)

What is it to base a belief on reasons? Existing attempts to give an account of the basing relation encounter a dilemma: either one appeals to some kind of neutral process that does not adequately reflect the way basing is a content‐sensitive first‐personal activity, or one appeals to linking or bridge principles that over‐intellectualize and threaten regress. We explain why this dilemma arises, and diagnose the commitments that are key obstacles to providing a satisfactory account. We explain why they should (...) be rejected anyway, and then offer a new, knowledge‐first virtue epistemological theory of the basing relation that shows how we can substantially theorize about mental processes without these commitments. The resulting view plausibly captures the way in which basing is an inherently mental and content‐sensitive process. (shrink)

Shame is notoriously ambivalent. On one hand, it operates as a mechanism of normalization and social exclusion, installing or reinforcing patterns of silence and invisibility; on the other hand, the capacity for shame may be indispensible for ethical life insofar as it attests to the subject’s constitutive relationality and its openness to the provocation of others. Sartre, Levinas and Beauvoir each offer phenomenological analyses of shame in which its basic structure emerges as a feeling of being exposed to others and (...) bound to one’s own identity. For Sartre, shame is an ontological provocation, constitutive of subjectivity as a being-for-Others. For Levinas, ontological shame takes the form of an inability to escape one’s own relation to being; this predicament is altered by the ethical provocation of an Other who puts my freedom in question and commands me to justify myself. For Beauvoir, shame is an effect of oppression, both for the woman whose embodied existence is marked as shameful, and for the beneficiary of colonial domination who feels ashamed of her privilege. For each thinker, shame articulates the temporality of social life in both its promise and its danger. (shrink)

Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable to (...) study live juries. The indirect sources of evidence used by researchers suffer from various problems, the most important of which is dubious levels of ecological validity. Real jury research—studying live jury deliberation—is controversial. However, as I argue, the objections to it are unconvincing. There is in fact a moral imperative to facilitate real jury research. (shrink)

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (shrink)

I extend my direct virtue epistemology to explain how a knowledge-first framework can account for two kinds of positive epistemic standing, one tracked by externalists, who claim that the virtuous duplicate lacks justification, the other tracked by internalists, who claim that the virtuous duplicate has justification, and moreover that such justification is not enjoyed by the vicious duplicate. It also explains what these kinds of epistemic standing have to do with each other. I argue that all justified beliefs are good (...) candidates for knowledge, and are such because they are exercises of competences to know. However, there are two importantly different senses in which a belief may be a good candidate for knowledge, one corresponding to an externalist kind of justification and the other corresponding to an internalist one. I show how the account solves the new evil demon problem in a more satisfactory way than existing accounts. We end up with a view of knowledge, justification, and rationality that is plausible, motivated, and theoretically unified. (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)

Implicit in feminist and other critiques of ideal theorizing is a particular view of what normative theory should be like. Although I agree with the rejection of ideal theorizing that oppression theorists (and other theorists of justice) have advocated, the proposed alternative of nonideal theorizing is also problematic. Nonideal theorizing permits one to address oppression by first describing (nonideal) oppressive conditions, and then prescribing the best action that is possible or feasible given the conditions. Borrowing an insight from the "moral (...) dilemmas debate"— namely that moral wrongdoing or failure can be unavoidable—I suggest that offering (only) action-guidance under non-ideal conditions obscures the presence and significance of unavoidable moral failure. An adequate normative theory should be able to issue a further, non-action-guiding evaluative chim, namely that the best that is possible under oppressive conditions is not good enough, and may constitute a moral failure. I find exclusively action-guiding nonideal theory to be both insufficiently nonidealizing (because it idealizes the moral agent by falsely characterizing the agent as always able to avoid moral wrongdoing) and meanwhile too strongly adapted to the nonideal (because normative expectations are lowered and detrimentally adapted to options that, while the best possible, are still unacceptable). (shrink)

Dispositional Essentialism, as commonly conceived, consists in the claims that at least some of the fundamental properties essentially confer certain causal-nomological roles on their bearers, and that these properties give rise to the natural modalities. As such, the view is generally taken to be committed to a realist conception of properties as either universals or tropes, and to be thus incompatible with nominalism as understood in the strict sense. Pace this common assumption of the ontological import of Dispositional Essentialism, the (...) aim of this paper is to explore a nominalist version of the view, Austere Nominalist Dispositional Essentialism. The core features of the proposed account are that it eschews all kinds of properties, takes certain predicative truths as fundamental, and employs the so-called generic notion of essence. As I will argue, the account is significantly closer to the core idea behind Dispositional Essentialism than the only nominalist account in the vicinity of Dispositional Essentialism that has been offered so far—Ann Whittle’s Causal Nominalism—and is immune to crucial problems that affect this view. (shrink)

It is argued that to possess the concept of distress is to be able to apply the concept to others, and that this implies a qualified form of altruism, in the sense that to perceive another as being in distress is, other things being equal, to see them as in need of help and be moved to help them.

The connection between whole and part is intimate: not only can we share the same space, but I’m incapable of leaving my parts behind; settle the nonmereological facts and you thereby settle what is a part of what; wholes don’t seem to be an additional ontological commitment over their parts. Composition as identity promises to explain this intimacy. But it threatens to make the connection too intimate, for surely the parts could have made a different whole and the whole have (...) had different parts. In this paper I attempt to offer an account of parthood that is intimate enough but not too intimate: the parts generate the whole, but they are not themselves the whole. (shrink)

I argue that epistemic failings are a significant and underappreciated moral hazard in the financial services industry. I argue further that an analysis of these epistemic failings and their means of redress is best developed by identifying policies and procedures that are likely to facilitate good judgment. These policies and procedures are “best epistemic practices.” I explain how best epistemic practices support good reasoning, thereby facilitating accurate judgments about risk and reward. Failures to promote and adhere to best epistemic practices (...) contributed to the 2008 financial crisis. I identify and discuss some of the ways in which best epistemic practices were violated in the events that led to the crisis, with a focus on the role of the credit rating agencies. I go on to discuss some of the ways in which these failings have been redressed. I conclude by observing how proactive regulation for best epistemic practices might help us to anticipate and avoid future crises. (shrink)

Here I reply to the main points raised by the commentators on the arguments put forward in my Delusions and Other Irrational Beliefs (OUP, 2009). My response is aimed at defending a modest doxastic account of clinical delusions, and is articulated in three sections. First, I consider the view that delusions are inbetween perceptual and doxastic states, defended by Jacob Hohwy and Vivek Rajan, and the view that delusions are failed attempts at believing or not-quitebeliefs, proposed by Eric Schwitzgebel and (...) Maura Tumulty. Then, I address the relationship between the doxastic account of delusions and the role, nature, and prospects of folk psychology, which is discussed by Dominic Murphy, Keith Frankish, and Maura Tumulty in their contributions. In the final remarks, I turn to the continuity thesis and suggest that, although there are important differences between clinical delusions and non-pathological beliefs, these differences cannot be characterised satisfactorily in epistemic terms. (shrink)

ABSTRACT A thriving project in contemporary epistemology concerns identifying and explicating the epistemic virtues. Although there is little sustained argument for this claim, a number of prominent sources suggest that curiosity is an epistemic virtue. In this paper, I provide an account of the virtue of curiosity. After arguing that virtuous curiosity must be appropriately discerning, timely and exacting, I then situate my account in relation to two broader questions for virtue responsibilists: What sort of motivations are required for epistemic (...) virtue? And do epistemic virtues need to be reliable? I will sketch an account on which curiosity is only virtuous when rooted in a non-instrumental appreciation of epistemic goods, before arguing that curiosity can exhibit intellectual virtue irrespective of whether one is reliable in satisfying it. (shrink)

One of the deepest tensions in Locke’s Essay, a work full of profound and productive conflicts, is one between Locke’s metaphysical tendencies—his inclination to presuppose or even to argue for substantive metaphysical positions—and his devout epistemic modesty, which seems to urge agnosticism about major metaphysical issues. Both tendencies are deeply rooted in the Essay. Locke is a theorist of substance, essence, quality. Yet, his favorite conclusions are epistemically pessimistic, even skeptical; when it comes to questions about how the world is (...) constituted, our understandings cannot penetrate very far. Locke seems torn between metaphysics and modesty, between dogmatism and skepticism. This chapter will consider two specific examples of this sort of tension. The first involves the ontology of body, and the second, the ontology of mind. The conflict concerning bodily natures looks like this: As is well-known, Locke typically describes bodies in the terms of the corpuscularian science of his day, as exemplified especially by the natural philosopher Robert Boyle. Locke’s characterizations of the real essences of bodies are mechanist. He envisions them as corpuscularian textures-- spatial arrangements of particles possessing size. (shrink)